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Pismo Beach, CA Tree Protection: Protected Tree Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Protected species
Quercus agrifolia, Quercus lobata and Quercus chrysolepis
Size threshold
At least six inches in circumference at four and one-half feet above natural grade
Excluded species
Scrub oak (Quercus dumosa)
Policy basis
Policy CO-13 of the general plan and local coastal plan
Owner duty
Keep oaks in a safe, healthy condition

Summary

In the City of Pismo Beach, California, the protected tree species are the native oaks Quercus agrifolia, Quercus lobata and Quercus chrysolepis, once a trunk measures at least six inches in circumference at four and one-half feet above natural grade. Scrub oak (Quercus dumosa) is excluded. The 1998 Zoning Code section implements Policy CO-13 of the general plan and local coastal plan.

A. Purpose. This section provides standards for the preservation of native oak species, Quercus agrifolia, Quercus lobata, Quercus chrysolepis), in compliance with Policy CO-13 of the conservation and open space element of the general plan/local coastal plan. B. Applicability. The provisions of this section apply to all native oak species (Quercus agrifolia, Quercus lobata, Quercus chrysolepis) measuring at least six inches in circumference at four and one-half feet above natural grade, except scrub oak (Quercus dumosa). The review authority shall apply these provisions when reviewing an application for site plan and architectural review, minor use permit, conditional use permit, planned development permit, variance, or specific plan.

Full Breakdown

Section 17.30.070 of the 1998 Zoning Code, one of the two zoning codes printed under Title 17 of the Pismo Beach Municipal Code, states its purpose as preserving native oak species in compliance with Policy CO-13 of the conservation and open space element of the general plan and local coastal plan. Subsection B defines what counts as protected: every native oak of the three named species that measures at least six inches in circumference at four and one-half feet above natural grade, except scrub oak. The size test is circumference at that height, not diameter.

The review authority applies these provisions when it reviews an application for site plan and architectural review, minor use permit, conditional use permit, planned development permit, variance, or specific plan. Subsection C carries the prohibition to the tree itself: cutting, removing, encroaching into, or removing brush from the protected zone of an oak, or removing or transplanting one, on any public or private property in the city, requires an authorizing land use permit.

Some oaks fall outside the rule even when a species matches. Dead trees, as verified by the director, are exempt, and so are domestic oak trees that do not exceed eight inches in diameter and are not within a public right-of-way or a front or street side setback. Utilities are held responsible for unnecessary damage to nonexempt oaks. Subsection G puts the burden on owners: anyone in possession or control of an oak on public or private property has a duty to keep it in a safe, healthy condition, and the section imposes no liability or duty of care on the city or its officers or employees.

Pismo Beach uses two adopted zoning codes. The city's Zoning and Land Use page states that properties inside the Coastal Zone are regulated by the 1983 Zoning Code, and properties outside the Coastal Zone are regulated by the 1998 Zoning Code.

Violations & Fines

Zoning Code violations are declared unlawful and a public nuisance under § 17.60.040 and are subject to Chapter 1.20: a misdemeanor fine of not more than one thousand dollars or imprisonment not to exceed six months, or both. A stop work order can be issued for construction that violates a permit condition, and violating it is a misdemeanor. The director of public services enforces, and the police department covers non-office hours (§ 17.60.030).

Frequently Asked Questions

Which trees does Pismo Beach protect as oaks?
Section 17.30.070(B) of the 1998 Zoning Code protects native oaks of three species: Quercus agrifolia, Quercus lobata and Quercus chrysolepis. A tree counts once it measures at least six inches in circumference at four and one-half feet above natural grade. Scrub oak, Quercus dumosa, is expressly excluded.
Is a small oak on my property covered?
A tree meeting the six-inch circumference test is covered unless an exemption applies. Domestic oak trees that do not exceed eight inches in diameter and are not in a public right-of-way, front setback or street side setback are exempt under § 17.30.070(C)(1), and so are dead trees as verified by the director.
Why does the city protect these oaks?
The stated purpose in § 17.30.070(A) is preservation of the native oak species in compliance with Policy CO-13 of the conservation and open space element of the general plan and local coastal plan. The city adopted the standards to implement that policy, so oak decisions follow the plan's language.
Does the city take responsibility for oaks on private lots?
No. Section 17.30.070(G) states that nothing in the section imposes liability for damages, or a duty of care and maintenance, on the city or its officers or employees. Any person in possession or control of an oak, on public or private property, has the duty to keep it in a safe, healthy condition.

Sources & Official References

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