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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C16-6. Tree removal in the Hillsides (HS) zoning district.

(a) Matter of right. Except for parcels within the "-h1, New Almaden Historic Preservation zoning district," the following provisions shall apply: Parcels greater than three acres: Tree removal provided the yield is not more than ten percent of trees over 37.7 inches circumference (12 inches or more in diameter) measured 4.5 feet above the ground per year on any parcel, together with contiguous parcels under the same ownership. No more than ten cords of wood per year shall be cut on parcels of 100 acres or less, and no more than 25 cords per year shall be cut on parcels larger than 100 acres.

Note: Cutting of "commercial" tree species (as defined in Section C16-2) may require a permit from the California Department of Forestry and Fire Protection (CDF). Prior to cutting, it shall be the property owner's responsibility to obtain any necessary permit(s) or notice of exemption from CDF.

(b) Use permit. Removal of more than ten percent of trees over 37.7 inches circumference (12 inches or more in diameter) measured 4.5 feet above the ground per year on any parcel, together with contiguous parcels under the same ownership; cutting of trees for wood in an amount more than ten cords per year on any parcel of 100 acres or less or more than 25 cords per year on any parcel larger than 100 acres. In no case shall yield exceed 100 cords of wood per year on any parcel and contiguous parcels under the same ownership.

Specific findings:

(1) The use shall not create noise, water pollution or traffic congestion adversely affecting the neighborhood.

(2) The applicant has submitted a plan showing that good harvesting practices will be used.

(3) The applicant has obtained any necessary permit(s) or notice of exemption from the California Department of Forestry and Fire Protection for such cutting.

(c) Commercial timber harvest plans. Tree cutting as part of commercial timber harvest plans shall be conducted in accordance with the state forest practice rules, as administered by the California Department of Forestry and Fire Protection.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 6, 12-18-01)

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