Removal of a heritage tree.

Encroachments into identified protected areas immediately adjacent to heritage trees.

Applications for tree permits shall be reviewed by the planning and building director or designee, which shall consist of an on-site investigation of the tree(s) proposed for removal.

Applications to allow for encroachment within the protected zone of a heritage tree may be requested to accommodate new construction such as buildings, building additions, patio covers, decks, swimming pools, spas, fences, walls and similar improvements.

The planning and building director may grant tree permits when all or substantially all of the criteria set forth in HMC § 20.24.065 are satisfied.

Decisions of the planning and building director may be appealed to the planning commission in accord with the appeal procedure set forth in HMC § 20.28.085.

Removal of any tree not classified or listed as a heritage tree.

Routine maintenance, including trimming of street trees and trimming of trees on private property by a utility company licensed by the public utilities commission to maintain required clearances around utility installations.

Emergency circumstances if personal injury or property damage is imminently threatened in the judgment of the public works director, planning and building director, police chief, fire chief, electrical utility director or City manager.

Removal of a heritage tree that is dead or so diseased or damaged that it is no longer viable, as determined jointly by the City arborist and planning and building director.

Removal of a heritage tree on a parcel developed with a single-family dwelling, provided the property is not capable of further land subdivision.

A statement for the reasons for removal, encroachment or relocation.

The number, species, size and type of the tree(s) affected and trees not affected.

A map or diagram indicating the location of the affected trees in relation to property lines, buildings and structures, streets, sidewalks or other improvements. If the application is in association with a proposed development project, the location of affected trees shall be plotted on a grading and utility plan.

Photographs of trees to be removed or relocated.

Proposed method of removal.

For tree relocation, the relocation site shall be identified and site preparation and relocation methods described.

In addition, the planning and building director may cause to be prepared, at the applicant's expense, a report by a qualified arborist to assist in making a determination regarding a tree permit application.

The condition of the tree with respect to disease and danger of falling.

Potential health and safety conditions to the general public or to other nearby trees.

The necessity to remove trees or to encroach into protected zones in order to construct proposed improvements, to allow reasonable economic enjoyment or use of the property.

Topography of the site and the effect of tree removal on erosion, soil retention and potential increased flows of surface waters.

The number of trees on the property and the surrounding area and the effect of tree removal upon property values in the area.

Professional arboricultural practices, including the number of healthy trees a site will safely support.

Tree permits may include conditions of approval necessary to ensure that the purposes of this section are met.

Conditions of approval may include but are not limited to the following:

Development proposals shall protect and preserve heritage trees to the fullest extent possible. Care shall be exercised by all individuals, builders, contractors and others working near protected trees so that no damage occurs to such trees.

The following measures shall be used to preserve and protect the health of trees to remain, relocated trees and new trees planted to replace those removed:

These requirements apply to any structure or other form of development located on property adjacent to or near the Russian River, Foss Creek, or other stream or creek, except as provided in this section.

The requirements of this article shall not apply to public streets or utilities, flood control facilities, erosion control structures or creek bank stabilization improvements that have been approved as required by governmental agencies having jurisdiction over them.

No building, structure or permanent or temporary improvement, including but not limited to buildings of any type, garages, swimming pools and spas, parking lots (paved or unpaved), patios, platforms, decks, fences, liquid storage tanks, trash enclosures, mobile homes, retaining walls, debris, fill or trash shall be allowed within the following setbacks:

Setbacks shall be measured from the top of the existing bank. Where channel improvements are proposed, subject to the approval of a variance pursuant to this section, setbacks shall be measured from the top of the finished bank.

Existing riparian vegetation within setback areas shall be maintained and protected from disturbance.

Adverse environmental effects are prevented or minimized.

Residual hazards to the public health and safety are eliminated.

Mined lands are reclaimed to a usable condition that is readily adapted to alternative land uses.

The production and conservation of minerals are encouraged, while duly considering the values of watershed and flood protection, fish and wildlife, recreation and aesthetic enjoyment.

Provisions of SMARA are fully complied with.

Except as provided by this article, no person shall conduct surface mining operations unless a surface mining and reclamation permit, reclamation plan and financial assurances for reclamation have first been approved by the City. Any applicable exemption from this requirement shall not automatically exempt a product or activity from the application of other regulations, ordinances or policies of the City, including but not limited to, the application of CEQA, the requirement for other approvals under the Land Use Code, the payment of development impact fees or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this article shall apply to all lands within the City, public and private.

The provisions of this article shall not apply to:

Applications for permits shall be filed with the planning and building department. Reclamation plan applications shall be submitted on forms provided by the planning and building department and shall be accompanied by a fee in an amount established by resolution of the City Council.

An operator who has several contiguous or closely related mining operations that are integrated into one overall operation shall have the option of preparing a single plan encompassing all of the related operations, or of treating any of the separate operations as a single unit, upon approval of the City.

In the case of long-lived or complex operations, a reclamation plan for the operation may describe various aspects of planned phases. This plan may be subsequently amended with City approval if site conditions or economic conditions change.

Within 30 days of the acceptance of a permit or reclamation plan approval as complete, the planning department shall notify the State Department of Conservation of such filing. Whenever mining or reclamation operations are proposed within the 100-year floodplain of any river or stream, as shown in Zone A of the Flood Insurance Rate Maps, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

The planning commission shall hold a public hearing on the proposed application in accord with the provisions prescribed in Chapter 20.28 HMC, Article III.

Prior to action by the planning commission on such applications, the State Department of Conservation shall be given 30 days to review and comment on the application and 45 days to review and comment on the financial assurances proposed by the applicant.

The planning and building department shall forward a copy of each approved permit and reclamation plan with approved financial assurances to the State Department of Conservation.

All private access approaches leading off any paved public street shall be adequately surfaced to prevent aggregate or other material being drawn into a public right-of-way. If required, an encroachment permit issued by the public works department shall be a condition of the mining permit.

All haul roads and driveways shall be maintained to minimize the emission of dust. Maintenance shall be conducted as necessary to prevent a nuisance to adjoining properties. Special maintenance procedures (including watering and/or oiling) may be placed on permits.

Any waters discharged from the site to adjacent lands, streams, or bodies of water shall meet all applicable standards of the Regional Water Quality Control Board.

During the period that mining operations are being conducted, and prior to final reclamation of mined lands, measures shall be taken to prevent erosion of adjacent lands from waters discharged from the site of mining operations and the off-site construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, diking and revegetation of slopes.

Grades in areas being mined shall be maintained so as to avoid accumulations of water that could serve as breeding areas for mosquitoes or sites of fish entrapment.

Excavations which may penetrate near or into usable water-bearing strata shall not substantially reduce the transmitting or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere, nor subject such groundwater basin or sub-basin to pollution or contamination.

Permits issued for surface mining operations between the banks of a stream shall include as conditions any measure or measures imposed by the California Department of Fish and Game, as well as any other agencies of jurisdiction.

Hours of operation shall be limited to the period between 7:00 a.m. and 10:00 p.m., Monday through Saturday, unless otherwise approved by the planning and building director.

Reclamation activities shall be initiated at the earliest possible time on those portions of mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in the future.

The name and address of the operator and the names and addresses of any persons designated as agents.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.

The proposed dates for the initiation and termination of such operation.

The maximum anticipated depth of the surface mining operation.

The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within or adjacent to such lands, the location of all proposed access roads to be constructed in conducting the operation, and the names and addresses of the owners of all surface and mineral interests of such lands.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation.

A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses, will be accomplished, including:

Measures to be taken to protect the public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site, as well as effects to adjacent properties.

The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands.

An assessment of the effect of implementation of the reclamation plan on future mining in the area.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.

Mining Permits. In addition to findings required pursuant to HMC § 20.28.165, the planning commission shall make a finding that the project complies with the provisions of SMARA and the reclamation standards set forth in CCR Sections 3700 et seq.

Reclamation Plans. In addition to the findings required pursuant to HMC § 20.28.165, the planning commission shall make the following findings:

The City shall require, as a condition of approval, security that shall be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in state regulations, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the City of Healdsburg and the State Department of Conservation.

Financial assurances will be required to ensure compliance with the elements of the reclamation plan, including but not limited to revegetation and landscaping improvements, restoration of aquatic or wildlife habitat, restoration of bodies of water and water quality, slope stability and erosion control, disposal of hazardous material and other measures.

Cost estimates for the financial assurances shall be submitted to the planning department for review and approval prior to the operator's securing financial assurances. The planning and building director shall forward a copy of the cost estimates, together with any other documentation, to the State Department of Conservation for review. If the Department of Conservation does not comment within 45 days of the receipt of the estimates, it shall be assumed that the cost estimates are adequate.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the year of phases stipulated in the approved reclamation plan, including the maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount needed to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining in the upcoming year. Cost estimates shall be prepared by a California-registered professional engineer or other similarly qualified person as approved by the planning and building director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan. A contingency factor of 10 percent shall be added to the cost of financial assurances.

In estimating the costs of financial assurances, it shall be assumed that the surface mining operation could be abandoned by the operator and consequently, the City or State Department of Conservation may need to contract with a third-party commercial company for reclamation of the site.

Financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including required maintenance.

The amount of financial assurances for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the reclamation plan. The financial assurance shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the operator may not claim credit for reclamation scheduled for completion during the coming year.

Revisions to financial assurances shall be submitted to the planning department each year prior to the anniversary date of approval of the financial assurances. Financial assurances shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any interim reclamation. If revisions to financial assurances are not required, the operator shall explain, in writing, why revisions are not needed along with necessary documentation.

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all site approval conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning department and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the planning commission.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning and building director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the planning and building director, to submit a revised IMP. The planning commission shall approve or deny the revised IMP within 60 days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the City Council.

The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the City.

Amendments to an approved reclamation plan shall be approved by the same procedure as that for the original approval of the plan.

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of an annual report to determine whether the operation is in compliance with approvals granted by the City. A minimum of one inspection shall be conducted in any calendar year. Inspections may be made by a state-registered geologist, civil engineer, or landscape architect experienced in reclamation projects and who has not been employed by the mining operation in any capacity during the previous 12 months. Inspections shall be conducted pursuant to a form approved and provided by the State Mining and Geology Board.

The planning department shall notify the State Department of Conservation within 30 days of completion of the inspection and shall forward a copy of said inspection notice to the mining operator. The operator shall be solely responsible for the cost of the inspection.

The action taken by the planning commission to issue, approve, deny or modify a surface mining permit or reclamation plan may, within 10 days of that action, be appealed to the City Council by any person. Such appeal shall be filed with and heard by the City Council in the manner specified in HMC § 20.28.085. If the City Council determines the findings made and action taken by the planning commission to be satisfactory, then the appeal shall be denied. If it determines otherwise, the City Council shall make its own findings and take action in accord with HMC § 20.24.140.

As provided by the California Public Resources Code, an applicant whose request for a surface mining permit to conduct operations in an area of statewide or regional significance has been denied by the City Council on appeal, may within 15 days of such denial appeal to the State Mining and Geology Board. If the State Board determines that the decision of the City Council is not supported by substantial evidence on the record, the City Council shall hold a public hearing to reconsider its action.

It shall be the responsibility of the planning and building director to ensure compliance with the terms and provisions of the permit and/or reclamation plan.

The planning and building director shall notify the operator of any deficiencies in complying with the conditions of a permit, in which case the operator shall have 30 days to rectify such deficiencies. Failure to rectify such deficiencies or comply with any conditions of the permit, or to complete reclamation in a satisfactory or timely manner, shall constitute sufficient grounds for revocation of a permit and suspension of approval for a reclamation plan.

Failure to obtain a permit or approval of a reclamation plan as required under the provision of this article and SMARA shall constitute a misdemeanor.

The regulations set forth in this section shall apply to any building, structure and/or property that satisfies one or more of the following criteria:

The following are exempt from the historic demolition permit requirement:

A description and location of the structure.

Photographs of all sides of the structure.

The basis for the applicability of these requirements per HMC § 20.24.200.

The reason(s) for the proposed demolition.

Evidence that alternatives to the demolition of the structure have been considered, and a statement as to why those alternatives are unacceptable. Such evidence may include written statements from licensed building contractors, civil or structural engineers or architects identifying the general condition of the building, all health and safety code deficiencies, corrective measures needed to alleviate these deficiencies, and the cost of such corrective measures.

An evaluation prepared by a qualified architectural historian that:

The zoning administrator or historic committee may approve, approve with conditions or disapprove the historic demolition permit after considering the factors listed in HMC § 20.24.225 and making at least one of the findings listed in HMC § 20.24.230.

The zoning administrator or historic committee may withhold approval of a demolition permit for up to 180 days or until completion of environmental review, whichever occurs later ("delay period"). The delay period shall be for the purpose of providing time to explore alternatives to demolition. During the delay period, the zoning administrator or historic committee may direct the planning and building department to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures as an alternative to the proposed demolition.

The relative historical significance of the building or structure proposed for demolition;

The relative contribution the building or structure makes to a historic district;

The cost of preserving or rehabilitating the building or structure;

The potential for adaptive reuse of the building or structure; and

The feasibility of relocating the building or structure.

The building or structure does not represent a unique and irreplaceable historic or architectural resource.

The adaptive reuse of the structure is infeasible or inappropriate, due to economic considerations, structural conditions or land use incompatibility.

The relocation of the structure is infeasible due to cost, structural conditions or lack of an interested party.

Restoration of the building or structure is not feasible or practical using current building codes including, but not limited to, the Historic Building Code provisions of the California Building Standards Code.

No public or other funding is available for financing renovation or purchase of the property on which the building or structure is located.

The characteristics of the building or structure that originally supported its inclusion in the cultural resources survey are no longer present and such absence is not a result of:

The base zoning of the site is incompatible with the intended reuse of the existing structure.

The structure cannot be restored without repairs that would exceed 50 percent of the value of the structure itself. This finding shall be supported by 1) an appraisal prepared by a certified appraiser to determine the value of the structure and 2) at least two bids from qualified contractors to determine the cost of repairs to the structure.

The historic resource must be removed from the site in order for the property to be utilized for a structure or use that substantially benefits the public.

Demolition of the structure will not have a significant impact on the historic integrity of the designated or potential historic district.

Prior to demolition, the applicant shall provide archival quality photographs, floor plans and elevation drawings, as appropriate, to record the building(s) or structure(s) being demolished.

Prior to issuance of the historic demolition permit, the historic committee shall approve a design review application for new construction for the site of the demolished structure(s) and a building permit shall be issued for the replacement structure(s). In addition to the findings required under HMC § 20.28.125 for design review applications, the historic committee shall find that the proposed design is compatible with the historic character of the surrounding historic neighborhood, if applicable. All designs for new construction shall be consistent with Chapter 8 of the Citywide Design Guidelines.

The applicant shall donate to the Healdsburg Museum any artifact or other architectural element identified by the historic committee. The artifact or architectural element shall be carefully removed and delivered to the Museum in good condition to be used in future conservation work.