Posted on 01/24/2008 1:45:45 PM PST by SmithL
Could be that the prosecutors are pushing the case so that the law itself will become the issue.
One, I thought they were sorta finicky about where they grew; wouldn't think that suburbia would be conducive to them.
And two, man those suckers are gonna get big.
The trees were planted before 2000. The solar panels were installed in 2001, with the neighbor knowing the trees were already there. Checkmate, case closed. You cannot hold someone in retroactive violation of the law.
Another law that is coming is one that would override CC&Rs with respect to solar collectors, not unlike what the FCC did for satellite dishes. In our area, solar collectors can not be visible from the street. Roof tops would work well, but some CC&R thumper will whine until such a law is passed.
In this case you can. The law was intentionally structured that way.
A protected tree on any private or public property shall consist of any of the following:
Any tree having a main trunk or stem measuring 37.7 inches or greater in circumference (12 inches or more in diameter) at a height of four and one-half feet above ground level, or in the case of multi-trunk trees a total of 75.4 inches in circumference (24 inches or more of the diameter) of all trunks in the following areas of the County:
parcels zoned "Hillsides" (3 acres or less) parcels within a "-d" (Design Review) combining zoning district parcels within the Los Gatos Specific Plan Area. Any tree having a main trunk or stem measuring 18.8" or greater in circumference (6" or more in diameter) at a height of 4.5' above ground level, or in the case of multi-trunk trees, a total of 37.7" in circumference of all trunks (12" or more of the diameter) in the "h-1" New Almaden Historic Preservation Zoning District. Any heritage tree, as that term is defined in §C16-2 of the Tree Preservation Ordinance. Any tree required to be planted as a replacement for an unlawfully removed tree, pursuant to §C16-17(e) of the Tree Preservatioin Ordinance. Any tree that was required to be planted or retained by the conditions of approval for any Use Permit, Building Site Approval, Grading Permit, Architectural & Site Approval (ASA), Design Review, Special Permit or Subdivision. On any property owned or leased by the County of Santa Clara, any tree which measures over 37.7 inches in circumference (12 inches or more in diameter) measured 4.5 feet above the ground, or which exceeds 20 feet in height. Any tree, regardless of size, within road rights-of-way and easements of the County, whether within or without the unincorporated territory of the County.
Source:
http://www.sccgov.org/sccsearch/ui.jsp?ui_mode=answer&prior_transaction_id=33511&iq_action=5&answer_id=16777216&highlight_info=4213579,981,1061&turl=http%3A%2F%2Fwww%2Eclerkrecorder%2Eorg%2Fportal%2Fsite%2Fplanning%2Fplanningchp%3Fpath%3D%252Fv7%252FPlanning%252C%2520Office%2520of%2520%2528DEP%2529%252FProperty%2520Info%2520%2526%2520Development%252FEnvironmental%2520Protection%252FTree%2520Removal%2520Regulations#__highlight
Apply for heritage tree status.
If they had cut down the trees before the solar panels went up they would have been arrested for cutting down the trees.
Envirowackos just want whatever they want whenever they want it.
Like wilderness areas where they work to get laws passed keeping everybody out so nature stays pristine.
Now they want to use those “pristine areas” for their pet project of solar panels destroying the pristine wilderness.
Even the BLM sees through their immature antics.
Envirowackos can.
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