CHAPTER 26D - HERITAGE OR LANDMARK TREES
Sec. 26D-1. - General provisions.
Sec. 26D-2. - Definitions.
Sec. 26D-3. - Applicability.
Sec. 26D-4. - Designation of heritage or landmark trees.
Sec. 26D-5. - Permit processing procedures.
Sec. 26D-6. - Exemptions.
Sec. 26D-7. - Enforcement.
Sec. 26D-1. - General provisions.
This chapter shall be known and may be cited as the Sonoma County Heritage or Landmark Tree Ordinance.
Unless otherwise exempt under this chapter, any person or entity proposing to remove or damage a heritage or landmark tree
shall obtain a tree permit.
(Ord. No. 3651 § 1 (part), 1986.)
Sec. 26D-2. - Definitions.
"Circumference" means trunk circumference measured at four and one-half feet (4 ½′) above the ground. For trees which are
multi-stemmed above this height, measurement includes the circumference of two (2) or more trunks if combined are equal to
or greater than the minimum size stipulated.
"Damage" means significant injury to the root system or other parts of a tree including burning, application of toxic substances,
damaging through contact with equipment or machinery, changing the natural grade, compacting the soil within the dripline,
interfering with the normal water requirements of the tree, trenching or excavating within the drip line, or removing more
than one-third (1/3) of the live wood.
"Diameter" means trunk diameter measured at four and one-half feet (4 ½′) above the ground.
"Dripline" means the area created by extending a vertical line from the outermost portion of the limb canopy to the ground.
"Heritage tree" means a tree or grove of trees so designated by the Sonoma County board of supervisors because of historical
interest or significance.
"Landmark tree" means a tree or grove of trees so designated by the Sonoma County board of supervisors because of its outstanding
characteristics in terms of size, age, rarity, shape or location.
"Topping" means elimination of the upper twenty-five percent (25%) or more of a tree′s trunk or main leader.
"Tree" means a large woody plant which ordinarily has a central trunk and at maturity exceeds a height of fourteen feet (14′).
(Ord. No. 3651 § 1 (part), 1986.)
Sec. 26D-3. - Applicability.
This chapter applies to any person or entity in Sonoma County, including County Agencies.
This chapter protects heritage or landmark trees.
No person shall remove a heritage or landmark tree without obtaining a tree permit as outlined in Section 26D-5 and as exempted
under Section 26D-6.
(Ord. No. 3651 § 2, 1986.)
Sec. 26D-4. - Designation of heritage or landmark trees.
A tree may be nominated for heritage or landmark status by the director of the planning department. Any person may request
the planning director to consider any particular tree or trees for nomination. A form for this purpose is available at the
planning department. After nomination by the planning director, the planning department shall notify the property owner of
record, as shown on the latest assessor's roll, by certified mail.
The planning director must receive written approval from the property owner that the tree or trees may be designated as a
heritage or landmark tree. If the property owner accepts the designation, staff shall make an inspection of the site and determine
whether the tree(s) meets the criteria of heritage or landmark status. If the criteria are met, action will be taken to designate
the tree(s) as a heritage or landmark tree.
The board of supervisors shall be the decision-making body designating Sonoma County heritage or landmark trees. A notice
shall be recorded with the Sonoma County recorder's office stating, "NOTICE OF HERITAGE OR LANDMARK TREE DESIGNATION" — The
Sonoma County Board of Supervisors, by Resolution ;#rule;has designated a Heritage or Landmark Tree on certain real property
described below and has caused this Notice to be recorded with the County Recorder.
i.
Description of Real Property—Official Record of Sonoma County Document #_____.
ii.
Owners of Real Property"
Notice to Property Owners. To remove or damage a designated heritage or landmark tree, a tree permit shall be obtained, unless
otherwise exempted, as outlined in this chapter of the Sonoma County Code.
If the designated tree is on land with timber harvest potential a copy of the board of supervisors' resolution shall be sent
to the California Department of Forestry with the request that the tree be protected if a timber harvest plan is filed.
To remove a designated heritage or landmark tree, a tree permit shall be obtained, unless otherwise exempted.
(Ord. No. 3651 § 3, 1986.)
Sec. 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:
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 ;#rule;."
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.
(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.
(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.)
Sec. 26D-6. - Exemptions.
The provisions of this chapter are not applicable to the following and no permit or compliance is required. This chapter does
not require a permit for trimming, pruning or maintenance of heritage or landmark trees as long as there is no damage to the
tree and there is no violation of any provisions of this chapter.
(a)
Trees within incorporated city limits;
(b)
Commercial timber operations on private land subject to the Z'berg-Nejedly Forest Practice Act of 1973. (Chapter 8 of Division
4 of the Public Resources Code) Refer to Section 26D-4;
(c)
Removal of trees on lands owned by the United States of America or the state of California;
(d)
Removal of any tree when such removal is authorized by the California Department of Forestry;
(e)
Removal of any tree when authorized by other ordinances or laws of the county of Sonoma, the state of California, or the United
States of America;
(f)
In the case of an emergency where a tree is in a hazardous, dangerous or unhealthy condition so as to endanger life, property
or other members of its own species, any members of the sheriff's department, fire department, county department of agriculture,
department of public works, water agency or the planning department may authorize removal of such trees;
(g)
Any utility company licensed by the California Public Utilities Commission is exempt from the requirement of obtaining a permit
so that they or their agents may maintain the required clearance around power lines.
(Ord. No. 3651 § 5, 1986.)
Sec. 26D-7. - Enforcement.
The planning department shall enforce the provisions of these guidelines by responding to reports of violation. Planning department
enforcement personnel are empowered under Section 26-92-192 to issue citations for violations of the prohibitions of this
chapter or any condition of an approved tree permit.
Penalties include replacement or fines to be determined by the Sonoma County board of supervisors.
(Ord. No. 3651 § 6, 1986.)