Special Notice / Hearing: 10 days
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Director of Planning and Building
Subject: Amendments to the County’s Local Coastal Program Land Use Plan Policy 8.9 and the Protected Tree Ordinance (San Mateo County Ordinance Code Chapter 8.400) to accept modifications suggested by the California Coastal Commission.
County Number: PLN2018-00436
RECOMMENDATION:
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Public Hearing for the consideration of the Coastal Commission Notification of Action on Local Coastal Program Amendment and suggested amendments to the San Mateo County Ordinance Code:
A) Open the public hearing
B) Close the public hearing
C) Adopt a resolution acknowledging receipt of the California Coastal Commission conditional certificatio1n of the County’s amendments to County Ordinance Code Chapter 8.400, Protected Tree Ordinance (Article 7 - Tree & Natural Resources Protection) -; adopting the Coastal Commission’s modification to the Local Coastal Program; and directing submittal of the County’s action to the Executive Director of the California Coastal Commission for review.
D) Adopt an ordinance amending County Ordinance Code Chapter 8.400, Protected Tree Ordinance (Article 7 - Tree & Natural Resources Protection) in order to adopt the California Coastal Commission’s suggested modifications; previously introduced at the Planning Commission meeting on October 14, 2026, and waive reading of the ordinance in its entirety.
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BACKGROUND:
On October 22, 2024, the Board of Supervisors adopted an amendment to the County Ordinance Code (Article 7 - Tree & Natural Resources Protection) by adopting Chapter 8.400: Protected Tree Ordinance and rescinding in their entirety Chapter 8.400: Significant Tree Regulations and Chapter 8.404: Heritage Tree Regulations.
DISCUSSION:
Pursuant to State law, amendments to the County’s zoning regulations applicable in the Coastal Zone, and amendments to the County’s Local Coastal Program (LCP), cannot take effect until they are reviewed and certified by the California Coastal Commission. The Coastal Commission considered the County’s amendments on August 12, 2026, and conditionally certified the amendments, with several minor modifications that include:
• Adding and clarifying definitions to cross reference and be consistent with other relevant County zoning and development codes for clarity of application.
• Clarifying the new ordinance to identify when a Coastal Development Permit is or may be required.
• Clarifying the process for emergency protected tree removals.
• Updating one LCP policy to ensure consistency between the new ordinance and the Local Coastal Program.
A. COASTAL COMMISSION MODIFICATIONS
The Coastal Commission identified the following modifications to the ordinance and the LCP in order for the Coastal Commission to make the necessary Coastal Act and Land Use Plan consistency findings. The Coastal Commission’s suggested changes are shown below-underlined text shows proposed text to be added and crossed-out text shows text to be deleted. Acceptance of these modifications is required for the updated ordinance to be effective in the coastal zone.
The Coastal Commission requested the following modifications in its conditional certification of the County’s Protected Tree Ordinance:
1. Section 8.400.030(9):
9. DEVELOPMENT means any work upon any property in the County requiring discretionary or ministerial permit approval or issuance. Examples include (but are not limited to) subdivision, rezoning, variance, grading, landscaping subject to the California Water Efficient Landscape Ordinance, building permit, or other County approval. Specifically, to this Protected Tree Ordinance, Development refers to such work performed within a protected tree’s Tree Protection Zone or any area that would affect a protected tree. In the Coastal Zone, development is further defined in Policy 1.2 of the County’s Local Coastal Program and Chapter 8.252 of the Zoning and Development Code, where certain development requires a Coastal Development Permit.
2. Section 8.400.030(19):
19. INDIGENOUS TREE means any tree originating or occurring naturally in San Mateo County as enumerated in Table 3.1 in this ordinance.
3. Section 8.400.030, adding 8.400.030(20):
20. MAJOR VEGETATION as it relates to trees means any tree species listed by the state or federal government as threatened, endangered, or a species of special concern; any tree considered rare; any tree located in an environmentally sensitive habitat area and/or wetland and/or any LCP-specified buffers thereto; any tree that provides significant habitat value; and any tree that is visually prominent and/or is a significant part of the public viewshed. If a Coastal Development Permit is required, that application shall be processed in accordance with San Mateo County Zoning Regulations Chapter 8.252.
4. Section 8.400.050:
None of the provisions in this ordinance may be construed to permit development otherwise disallowed by other County policies. Notwithstanding any other provisions of this ordinance, tree removal within the Coastal Zone requires a Coastal Development Permit if such tree(s) constitute major vegetation, as that term is defined in Section 8.400.030.
5. Section 8.400.090:
In the RM/CZ and PAD Districts located within the urban area of the Midcoast, as shown in the Midcoast Project Area Zoning Map included in San Mateo County Ordinance Code, Title 8, Section 8.08.060 or in the RM/CZ, PAD and TPZ/CZ Districts within any County or State Scenic Corridor as identified in the San Mateo County General Plan or Local Coastal Program, a Protected Tree Removal permit or an Expedited Tree Removal permit, and possibly a Coastal Development Permit, shall be required for the removal of one or more Protected Trees in accordance with this ordinance, unless one of the Exemptions in Section 8.400.100: Permit Exemptions applies.
In the RM/CZ and PAD Districts located outside the urban area of the Midcoast, or in the RM/CZ, PAD, or TPZ/CZ Districts outside any County or State Scenic Corridor, no Tree Removal permit is required in accordance with this ordinance for the removal of one or more Protected Trees, but a Coastal Development Permit may still be required. An RM/CZ, TPZ/CZ, PAD and/or a Coastal Development Permit may be required when tree removal is proposed as part of a development project, when any tree 55 inches in circumference or larger is proposed for removal, or when tree removal constitutes major removal or harvesting of major vegetation other than for agricultural purposes, pursuant to the RM/CZ, PAD and TPZ/CZ and Coastal Development (CD) District Regulations.
6. Section 8.400.100:
No Protected Tree Removal permits, Protected Tree Pruning permits, or Expedited Tree Removal permits shall be required under this ordinance in the following circumstances:
7. Section 8.400.110:
Except as provided in Section 8.400.100: Permit Exemptions, and in Section 8.400.050: Limitations of Ordinance, a Protected Tree Removal permit, Protected Tree Pruning permit, or Expedited Tree Removal permit from the San Mateo County Planning and Building Department shall be required under this ordinance as follows:
8. Section 8.400.230:
Pursuant to this section the Director of Planning and Building determines when an emergency exists, based on information provided by the property owner or applicant, and the Director’s independent assessment as feasible. Once the Director has made such a determination, the Director may issue an Emergency Coastal Development Permit to address such an emergency (subject to procedures described in Section 8.252.210: Emergency Permits). A protected tree may be removed or severely pruned without a prior Emergency Coastal Development Permit and/or other permits where the Director also determines that it presents an imminent danger to life, property, utilities, or essential transportation systems, or a tree risk rating of High or Extreme is present, as assessed by an ISA Tree Risk Assessment Qualified Arborist (TRAQ). In such event, the property owner or applicant shall be responsible for the following:
1. Notify the Director of Planning and Building during business hours, or the County Sherriff’s Department if after business hours of the proposed emergency action, including removal or severe pruning, based on the tree risk assessment of a TRAQ certified arborist.
In addition, the Coastal Commission the following modifications to LCP Land Use Policy 8.9 as part of its conditional certification of the County’s Protected Tree Ordinance to align the LCP with the new ordinance:
9. LCP LUP Policy 8.9:
(a) Locate and design new development to minimize tree removal.
(b) Employ the regulations of the Significant Protected Tree Ordinance to protect significant trees (38 inches or more in circumference) which are located in urban areas zoned Design Review (DR) trees regulated by the County of San Mateo as set forth in Section 8.400.060: Protected Trees, Section 8.400.060: Tree Removal and Tree Pruning in Specified Bayside Design Review Districts, and Section 8.400.240: Application and Designation of Heritage Trees.
(c) Employ the regulations of the Heritage Protected Tree Ordinance to protect Heritage Trees as unique trees which meet specific size and locational requirements., defined as trees (or grouping of trees) specifically designated by action of the Board of Supervisors that possesses exceptional and unique size, age, horticultural significance, aesthetic, biological, cultural, or historic value, and is irreplaceable and expected to have a continuing contribution to the community.
B. COASTAL COMMISSION REVIEW AND ACTION
As described above and detailed in the resolution, in order for the County’s Protected Tree Ordinance to take effect in the coastal zone, the Board of Supervisors must acknowledge receipt of the Coastal Commission resolution of certification, including the suggested modifications, accept and adopt the modifications, and agree to issue coastal development permits subject to the approved amendment. Once this action is completed, County staff will submit the amended regulations to the Coastal Commission for the Executive Director’s determination of the adequacy of the County’s actions, and should the amended regulations be found adequate, the Coastal Commission will submit notice of certification with the Secretary of the California Natural Resources Agency. The County Attorney has reviewed and approved the resolution and ordinance as to form.
C. PLANNING COMMISSION ACTION
The San Mateo County Planning Commission reviewed the proposed amendments to ordinance at its regularly scheduled hearing on October 14, 2026 and recommended that the Board of Supervisors adopt the resolution amending the County’s Local Coastal Program Land Use Plan Policy 8.9 and the ordinance amending the Protected Tree Ordinance. The Planning Commission’s consideration and recommendation constituted a first reading of the ordinance.
D. ENVIRONMENTAL REVIEW
The County determined the original ordinance update was exempt from environmental review under California Environmental Quality Act (CEQA) and posted a Notice of Exemption (NOE) on the State CEQA Clearinghouse website and the County project website. The Coastal Commission’s recommended amendments do not substantially add/remove or change sections of the adopted ordinance and simply clarify the requirements and procedures for the review and approval of proposed tree removals; therefore, the proposed amendments are exempt from CEQA, and no additional environmental review is required.
FISCAL IMPACT:
There is no fiscal impact to the County from adoption of the proposed amendments to the Protected Tree Ordinance.
ATTACHMENTS:
A. Coastal Commission Notification of Action on Local Coastal Program Amendment
B. Coastal Commission Staff Report on San Mateo County LCP Amendment Number LCP-2-SMC-25-0005-2 (Protected Tree Ordinance)