§ 26D-5. Permit processing procedures.

(a)

In any situation which requires removal of or possible damage to a heritage or landmark tree or trees, including application for a building, grading or demolition permit, a tree permit application must be filed.

(b)

The following are the steps involved in obtaining such a permit:

(1)

Formal Application.

i.

The applicant shall provide a completed application form, assessors' parcel map, location map (U.S.G.S. map), a site plan and three (3) photographs of the heritage or landmark tree(s) taken from different angles. The site plan shall be drawn in a scale of one inch (1″) equals forty feet (40′) or an acceptable numerically larger scale (ex. one inch (1″) equals fifty feet (50′) to the planning department showing the height, species, diameter and location of all heritage trees;

ii.

The name, address and phone number of the applicant, and the owner of record of the land on which the tree cutting is proposed;

iii.

The written consent of the owner of record of such land, if such owner is a person other than such applicant;

iv.

The rationale for the request;

v.

If at any time in the past an application to remove any of the same heritage or landmark trees has been denied, why and when and how is the present application any different?

(2)

Application Review. On receipt of an application for a tree permit, the planning department shall review the application for accuracy and completeness and, if necessary, will make an inspection of the project site, to be within fifteen (15) working days.

(3)

The applicant shall be issued a summary notice to be posted on a pole or tree or fence nearest to the front of the lot. Copies shall be posted on each corner of the lot or site visible to the public. The notice will state, "Application has been made to the Planning Department to cut and/or damage certain trees on this site, previously described in a Board of Supervisors resolution as a Landmark or Heritage Tree. A copy of the tree removal plan is on file with the Planning Department.

If any person has any comment or objections, they should be made to:

Sonoma County Planning Department, 575 Administration Drive, Room 105-A, Santa Rosa, California 95401-2885, by _______ (date) (15 working days from day of posting permit). All comments and objections received by this date will be considered. This application is for Tree Permit Number _____."

The applicant shall post the copies of the summary notice within two (2) days after receiving the posters for the application for a tree permit. The notices shall not be removed for fifteen (15) working days thereafter. The applicant shall submit an affidavit that the posting has been done. The project may not begin until after:

i.

The fifteen (15) working days have passed; and

ii.

The tree permit has been issued; and

iii.

The tree permit is posted in plain view of the site before and while the project is under way.

(4)

The applicant shall pay the fee established by the fee schedule (unless the applicant is a county department in which case there is no fee) for tree permit review. Public agencies must also follow the above rules; posting at the site of the proposed project and allowing for public comment etc., (except for trees which have fallen i.e., emergency tree removal).

(5)

Application Determination. Based on the required application information and any other information, the planning director shall approve, condition or deny the application. In approving a tree permit, the director shall impose conditions to ensure that proper preservation techniques are employed.

(c)

The applicant shall be notified by mail of the director's decision. The decision of the director shall become final and effective ten (10) calendar days after the date of the director's determination letter provided no appeal of the action taken has been filed. Appeals of the determination shall be heard directly by the Sonoma County board of supervisors. If a recognized tree is to be removed, all notices in reference to the tree shall be removed.

(d)

A tree permit allowing removal or damage of a heritage or landmark tree shall be approved only if one or more of the following criteria are met:

(1)

That the tree was dead or was likely to promote the spread of insects or diseases;

(2)

To ensure the public safety as it relates to the health of the tree, potential hazard to life or property, proximity to existing or proposed structures, and/or health and welfare of the general public.

(3)

That the presence of the tree or trees creates an unreasonable negative economic impact on the property.

(e)

A finding of any one of the following situations is grounds for denial:

(1)

Removal or damage of a healthy tree could be avoided by:

(i)

Reasonable redesign of the site plan, prior to construction;

(ii)

Trimming, thinning, tree surgery or other reasonable treatment, as determined by the planning director.

(2)

Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have not been made where such problems are anticipated as a result of the removal.

(3)

The tree to be removed contains an active bird nest of a rare and endangered species and relocation of the nest is not possible.

(f)

Any person applying for a development permit in Sonoma County for a site that has one or more heritage or landmark trees shall attempt to protect and preserve said trees. The planning department has information available to aid in the preservation. Some of the measures deemed necessary may include any of the following:

(1)

Before the start of any clearing, excavation, construction or other work on the site, every heritage or landmark tree deemed to be endangered by said site work shall be securely fenced off at the protected perimeter, which shall be either the dripline or other limits as may be established by the permit reviewer. Such fences shall remain in place for duration of all such work. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any heritage or landmark tree. All heritage or landmark trees to be removed shall be clearly marked.

(2)

Where proposed development or other site work is to encroach upon the perimeter of a heritage or landmark tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients as needed. Tree wells or other techniques may be used where advisable. Any excavation, cutting, filling or compaction of the existing ground surface within the protected perimeter shall be minimized. No adverse significant change in existing ground level shall occur within the dripline of the heritage or landmark tree. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

(3)

No storage or dumping of oil, gas, chemicals or other substances that may be harmful to trees shall occur within the dripline of any heritage or landmark trees, or any other location on the site from which such substances might enter the dripline. No construction materials shall be stored within the dripline.

(4)

If any damage to a heritage or landmark tree should occur during or as a result of work on the site, the contractor, builder or owner shall promptly notify the department of planning of such damage. If such tree cannot be preserved in a healthy state, the planning department shall require replacement of any heritage or landmark tree removed with another tree or trees on the same site deemed adequate to compensate for the loss of the tree that is removed.

(5)

If any related permits are denied, the tree permit shall be withheld.

(6)

The applicant shall make an effort to achieve a design which will accommodate any jeopardized heritage or landmark tree or trees.

(7)

When an application is made to subdivide a large tract on which heritage or landmark trees grow, the site plan shall show all heritage or landmark trees and an attempt will be made to divide the lots in such a way that the trees may be saved.

(8)

Road and lot grades should not be changed to a degree that would jeopardize heritage or landmark trees on site, when possible.

(9)

Underground trenching for utilities shall avoid major tree roots. If avoidance is impractical, tunnels shall be made below major roots. Trenches should be consolidated to service as many units as possible. Avoid trenching within the dripline of heritage or landmark trees when possible.

(10)

Backfilling with earth or rock around heritage or landmark tree trunks shall only be permitted if appropriate backfilling standards are followed.

(11)

Avoid paving with either concrete or asphalt over the root systems or at least within the dripline when possible.

(12)

Significant compaction within the dripline shall be avoided when possible.

(13)

Caution shall be used when placing a septic system and/or leachline on the uphill side of a heritage or landmark tree.

(Ord. No. 3651 § 4, 1986.)