FGC § 1927.3.5

(a) Notwithstanding Sections 1927.3 and 1927.4, a county or city operating under an approved delegation agreement pursuant to subdivision (c) of Section 1927.3 or subdivision (b) of Section 1927.4 may authorize, by permit, without mitigation, both of the following:

(1) The removal of no more than 10 western Joshua trees or trimming of western Joshua trees by an owner-occupant of an existing single-family residence if the western Joshua trees are either of the following:

(A) Within 30 feet of the existing single-family residence or within 15 feet of an existing accessory structure.

(B) Within the construction footprint, or within 15 feet of the construction footprint, of a new accessory structure that is proposed to be constructed for the existing single-family residence.

(2) The removal of no more than 40 western Joshua trees or trimming of western Joshua trees by the proponent of a public works project if the western Joshua trees are within the construction footprint, or within 15 feet of the construction footprint, of a public works project to repair, rehabilitate, replace, or maintain an existing structure.

(b) A county or city issuing a permit under subdivision (a) may impose a reasonable fee to cover the administrative costs of issuing the permit.

(c) A property owner or proponent of a public works project seeking a permit under subdivision (a) shall submit a request to the county or city, as applicable, on a form to be provided by the county or city that requires the following information:

(1) The name, telephone number, mailing address, and email address of the property owner or proponent of the public works project seeking the permit.

(2) The street address of the single-family residence or public works project on which each western Joshua tree requested to be removed or trimmed is located. If a street address is not available, the property owner or proponent of the public works project shall include the assessor’s parcel number.

(3) A statement as to whether each western Joshua tree requested to be removed or trimmed meets the conditions described in subparagraph (A) or (B) of paragraph (1), or paragraph (2), of subdivision (a).

(4) The size class of each western Joshua tree requested to be removed or trimmed, in accordance with paragraph (1) of subdivision (a) of Section 1927.3.

(5) The distance of each western Joshua tree requested to be removed or trimmed from the single-family residence, existing accessory structure, or construction footprint of a new accessory structure that is proposed to be constructed or of the public works project.

(6) Photographs of each western Joshua tree requested to be removed or trimmed that depict its location relative to the single-family residence, existing accessory structure, or construction footprint of a new accessory structure that is proposed to be constructed or of the public works project.

(d) Within 60 days of receipt of a request for a permit pursuant to subdivision (c), the county or city, as applicable, shall do either of the following:

(1) Notify the property owner or proponent of the public works project that the county or city, as applicable, will issue a permit for the removal or trimming of a western Joshua tree.

(2) Deny the request if the request does not demonstrate a permit can be issued pursuant to this section. A denial shall include a brief description explaining why a permit cannot be issued.

(e) Until the department certifies a programmatic environmental impact report that addresses actions with the potential to result in limited take of western Joshua trees from single-family residences and accessory structures, and there is a final, unappealable judgment in litigation, if any, challenging the programmatic environmental impact report, or until January 1, 2032, whichever occurs first, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to the issuance of a permit pursuant to paragraph (1) of subdivision (a).