Chapter 20.24 ENVIRONMENTAL AND HISTORIC RESOURCES PROTECTION

The following standards shall apply to all uses and property within the City of Healdsburg to ensure that all properties, operations and processes are maintained in a healthful and safe manner and do not interfere with the public health, safety or welfare. (Ord. 950 § 2 (Exh. A § 2100), 1998.)

20.24.005 Vibration

No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. (Ord. 950 § 2 (Exh. A § 2105), 1998.)

20.24.010 Dust

No use, process or activity shall produce objectionable dust that is perceptible without instruments by a reasonable person at the property lines of a site. (Ord. 950 § 2 (Exh. A § 2110), 1998.)

20.24.015 Glare

Lighting shall be indirect or diffused and shall be directed away and/or shielded to minimize spillage onto adjacent properties. Lighting for outdoor courts or field games shall require approval of a conditional use permit by the planning commission, pursuant to Chapter 20.28 HMC, Article V. (Ord. 950 § 2 (Exh. A § 2115), 1998.)

20.24.020 Combustibles and explosives

The use, handling, storage, and transportation of combustibles shall comply with the provisions of the Uniform Fire Code. (Ord. 950 § 2 (Exh. A § 2120), 1998.)

20.24.025 Electromagnetic interference

Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site on which they are situated. (Ord. 950 § 2 (Exh. A § 2125), 1998.)

20.24.030 Noise standards

Construction and land use activities provided for in this Title shall adhere to the sound level standards and regulations as set forth in Chapter 9.32 HMC. (Ord. 1010 § 4 (Exh. A § 15), 2003; Ord. 950 § 2 (Exh. A § 18105), 1998.)

Article II Heritage Tree Protection

The following standards shall govern the treatment of heritage trees.

20.24.035 Purpose

The purpose of these regulations is to protect certain trees in order to preserve cultural heritage, maintain and enhance the scenic beauty of the community, improve air quality, assist in abating soil and slope erosion, and preserve and enhance property values, thus promoting the public health, safety and welfare. (Ord. 950 § 2 (Exh. A § 18105(a)), 1998.)

20.24.040 Applicability

These regulations regulate the removal of heritage trees that are sited on private property and public rights of way. (Ord. 950 § 2 (Exh. A § 18105(b)), 1998.)

20.24.045 Definitions

The following terms as used in this article shall have the following meanings.

Encroachment. Any intrusion or human activity into the protected zone of a tree including, but not limited to, grading, excavating, trenching, parking of vehicles, storage of materials and equipment, or the construction of structures or other improvements.

Heritage tree. Any tree that has a diameter of 30 inches or more, measured two feet above the level ground, or any tree or group of trees identified by City Council resolution upon a finding that the tree or group of trees:

• Is of historic value because of its association with a place, building, natural feature or event of local, regional, national or historic significance.

• Is identified on any historic or cultural resources survey as a significant feature of a landmark, historic site or historic district.

• Is representative of a significant period of the City’s growth or development and was the result of a planting dedicated by citizens, civic groups or the City.

Protected tree. Any significant or protected tree.

Protected zone. A specifically defined area totally encompassing any tree protected under the provisions of this Title within which work activities are strictly controlled. The protected zone consists of that area extending from the tree trunk to the drip line and in no case shall the protected zone be less than 10 feet from the trunk of the tree.

Qualified arborist. Any person certified by the International Society of Arboriculture.

Removal of a tree. The uprooting, cutting or severing the main trunk of a tree or any action which causes a tree to die or be seriously damaged, including but not limited to damaging the root system by machinery, storage of materials, soil compaction, substantially changing the grade above the root system or trunk, excessive pruning, paving with concrete, asphalt or other impervious material in the vicinity of the tree, excessive or inadequate irrigation, or any action which may reasonably be expected to significantly weaken the health, structure or vigor of a tree.

Routine maintenance. Actions taken for the continued health of a tree, including but not limited to, deadwooding, insect spraying, fertilizing, feeding, pruning, trimming and watering.

Tree. Any woody perennial plant with a single trunk diameter of six inches or more or a combination of multiple trunks with a total diameter of 12 inches or more, measured four and one-half feet above the average natural grade.

Tree permit. An entitlement issued by the City authorizing the removal, relocation or specific work to be performed within the protected zone of a heritage tree. (Ord. 950 § 2 (Exh. A § 115), 1998.)

20.24.050 Tree permit required

Tree permits are required for the following activities:

A. Removal of a heritage tree.

B. Encroachments into identified protected areas immediately adjacent to heritage trees. (Ord. 950 § 2 (Exh. A § 18105(c)), 1998.)

20.24.055 Tree permit process

No person shall remove or cause to be removed any heritage tree unless a tree permit is obtained in the following manner:

A. 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.

B. 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.

C. 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.

D. 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. (Ord. 950 § 2 (Exh. A § 18105(d)), 1998.)

20.24.057 Exceptions

Tree permits are not required and trees may be removed in compliance with the provisions of this section under the following provisions:

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

B. 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.

C. 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.

D. 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.

E. Removal of a heritage tree on a parcel developed with a single-family dwelling, provided the property is not capable of further land subdivision. (Ord. 950 § 2 (Exh. A § 18105(e), 1998.)

20.24.060 Permit applications

An application for a tree permit may be filed, along with any required fee as determined by the City Council, with the planning and building director on the appropriate form. The planning and building director shall require a tree permit application together with any application for tentative subdivision maps, design review or any other proposals for development that may involve the removal, relocation or encroachment adjacent to trees governed by this article. Each application shall contain the following information:

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

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

C. 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.

D. Photographs of trees to be removed or relocated.

E. Proposed method of removal.

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

G. 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. (Ord. 950 § 2 (Exh. A § 18105(f)), 1998.)

20.24.065 Criteria for evaluating tree permit applications

The following criteria shall be used to evaluate tree permit applications:

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

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

C. 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.

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

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

F. Professional arboricultural practices, including the number of healthy trees a site will safely support. (Ord. 950 § 2 (Exh. A § 18105(g)), 1998.)

20.24.070 Conditions of approval

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

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

1. The replacement of trees proposed for removal with trees of a suitable size, number and species.

2. Development and implementation of a Tree Location and Preservation Plan prepared by a qualified arborist, which may include some or all of the following information:

a. A listing of all trees on the site, including size, species, canopy size and location. Trees to be removed or relocated shall be indicated on the plan;

b. A program to monitor and protect trees from construction activities;

c. A five-year minimum maintenance and preservation program, secured by a cash surety;

d. Development of appropriate conditions, covenants and restrictions, landscape easements, special assessment districts and other measures to protect significant and heritage trees;

e. Standards and specifications for tree location, replacement, paving, grading, trenching and similar features.

3. The retention of a qualified arborist to supervise all pruning, relocation and trimming of heritage and significant trees.

4. Protection of trees through the use of temporary fencing around root zones and placement of natural organic fill inside root zones. (Ord. 950 § 2 (Exh. A § 18105(h)), 1998.)

20.24.075 Replacement of removed trees

When any heritage trees are to be removed, they shall be replaced at a ratio of three new trees for every heritage tree removed, according to the schedule listed below. Replacement trees proposed to be planted within a public right-of-way shall be approved by the City arborist. If the planning and building director determines it would be infeasible to plant replacement trees on the same site or within immediately adjacent rights-of-way, an in-lieu equivalent fee may be paid based on a schedule of in-lieu fees established by the City Council. In-lieu fees collected shall be placed in a Tree Planting and Maintenance Fund to be used for the purpose of planting and maintaining trees throughout the city. (Ord. 950 § 2 (Exh. A § 18105(i)), 1998.)

20.24.080 Tree protection guidelines

A. 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.

B. 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:

1. All trees to be saved shall be enclosed by a construction barrier placed around the protected zone of the tree, including but not limited to chain link fencing or other material acceptable to the planning and building director and City arborist, prior to the issuance of any grading or building permit and prior to the commencement of work. Barriers are to remain intact until construction is complete and may not be removed without the written consent of the planning and building director.

2. When proposed development or other site work is to encroach into the protected zone of a tree, special measures shall be incorporated to allow for safe and healthy conditions for protected trees.

3. Any excavation, cutting, filling, paving or construction of the existing ground surface within the protected zone of a tree shall be minimized. No adverse significant change in existing ground level shall occur within the drip line of a protected tree.

4. Development proposals shall be configured to retain as many heritage and significant trees as possible.

5. Construction equipment and material shall not be stored within tree protection areas. No oil, gas, chemicals or other substances that may be harmful to trees shall be stored or dumped within the protected zone or any other location on the site from which such substances might enter the protected zone.

6. Trenching within the protected zone of trees shall be avoided wherever possible. Trenching for utilities shall avoid major roots and, if avoidance is impractical, tunnels shall be made below roots. Trenching is to be consolidated to serve as many units as possible. Trenching within the protected zone shall be done by hand to minimize impacts.

7. Additional measures may be imposed by the planning and building director to protect and preserve the health of the trees to remain, relocated trees and new trees planted to replace those removed. (Ord. 950 § 2 (Exh. A § 18105(j)), 1998.)

Article III Riparian Setbacks

Riparian setbacks have been established to protect rivers, creeks and streams from encroachment by urban uses and to protect riparian habitats, as follows:

20.24.085 Applicability

A. 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.

B. 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. (Ord. 950 § 2 (Exh. A § 18120(a)), 1998.)

20.24.090 Riparian setback standards

A. 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:

Russian River: 100 feet

Foss Creek: 35 feet

All other streams and creeks: 25 feet

B. 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.

C. Existing riparian vegetation within setback areas shall be maintained and protected from disturbance. (Ord. 950 § 2 (Exh. A § 18120(b)), 1998.)

20.24.095 Variances

Variances to the standards set forth in HMC 20.24.090 may be granted pursuant to Chapter 20.28 HMC, Article VI, where the provision of the required setback is infeasible. Where a variance is granted, and where creeks or other riparian habitats are impacted by proposed activities subject to the California Environmental Quality Act (CEQA), detailed riparian mitigation plans shall be prepared. Such plans shall be prepared by a licensed landscape architect or qualified field biologist and shall be based on guidelines maintained by the planning and building director. The goal of such mitigation plan is to ensure no net loss of acreage or of functional value of riparian habitat. (Ord. 950 § 2 (Exh. A § 18120(c)), 1998.)

Article IV Surface Mining and Reclamation

20.24.100 Purpose and intent

This article regulates surface mining and reclamation of mined lands within the City, pursuant to the California Surface Mining and Reclamation Act (SMARA). It further established procedures for the provision, review and approval of reclamation plans and the issuance of permits to conduct mining operations in order to assure that:

A. Adverse environmental effects are prevented or minimized.

B. Residual hazards to the public health and safety are eliminated.

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

D. 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.

E. Provisions of SMARA are fully complied with. (Ord. 950 § 2 (Exh. A § 2200), 1998.)

20.24.105 Definitions

The following terms as used in this section shall have the following meanings:

Area of regional significance. An area designated by the State Mining and Geology Board pursuant to Public Resources Code Section 2790, which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located.

Critical gradient. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.

Exploring or prospecting. The search for minerals by geological, geophysical, geotechnical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

Extraction for on-site construction. Earthen material-moving activities that are required to prepare a site for construction of structures, landscaping, or other improvements (such as excavation, grading, compaction and the location of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills and catchment basins).

Gravel extraction operations. All or any part of the process involved in the removal by any method of sand, gravel, rock or other earthen material from streambeds or stream channel bars normally subject to inundation during winter flows. Gravel extraction operations shall include but are not limited to on-site processing of extracted material, including screening, washing, crushing, stockpiling or batching; production and disposal of mining waste; and prospecting and exploratory activities.

Idle. Surface mining operations curtailed for a period of one year or more, by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations in the future.

Mined lands. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavation, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from or are used in surface mining operations are located.

Minerals. Any naturally-occurring chemical element or compound or groups of elements and compounds formed from inorganic processes, and organic substances including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

Mining waste. Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

Operator. Any person who is engaged in surface mining operations personally, or who contracts with others to conduct operations on his behalf.

Person. Any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.

Reclamation. The process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

State Geologist. The individual holding office as structured in the California Public Resources Code Section 677.

Surface mining operations. All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the augur method, dredging or quarrying, or surface work incident to an underground mine. Surface mining operations shall include but not be limited to: in-place distillation, retorting or leaching; the production and disposal of mining waste, prospecting and exploratory activities; borrow pitting; streambed skimming; segregation and stockpiling of material and recovery of same. (Ord. 950 § 2 (Exh. A § 115), 1998.)

20.24.110 Incorporation by reference

The provisions of SMARA (California Public Resources Code Sections 2207, 2210 et seq.) and State regulations CCR Sections 3500 et seq., as those provisions and regulations may be amended from time to time, are made part of this article by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this article are more restrictive than correlative State provisions, then this article shall prevail. (Ord. 950 § 2 (Exh. A § 2205), 1998.)

20.24.115 Applicability and exemptions

A. 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.

B. The provisions of this article shall not apply to:

1. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

2. Onsite excavations and onsite earthmoving activities that are an integral part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site, subject to the following conditions:

a. All required permits for the construction, landscaping or related improvement have secured the necessary permits from the City.

b. The City’s approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

c. Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended or are no longer being actively pursued.

d. The construction project shall be consistent with the General Plan and other provisions of the Land Use Code.

3. Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, with none of the materials processed being extracted on site. Plant sites that are exempt under this section shall be required to be consistent with the General Plan and the Zoning District regulations that apply to the site.

4. Surface mining operations, including prospecting and exploration, in which the mined lands do not exceed one acre in extent or the total amount of material displaced, including overburden, does not exceed 1000 cubic yards.

5. Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose.

6. Such operations that the City determines to be of infrequent nature and that only involve minor surface disturbances and are categorically identified by the State Board. (Ord. 1116 § 1 (Exh. A § 2), 2012; Ord. 950 § 2 (Exh. A § 2210), 1998.))

20.24.120 Vested rights

No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit under this article as long as such vested right continues, provided that no substantial change is made in the operation except in accordance with the provisions of this article. A person shall be deemed to have vested rights if prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation of the issuance of a permit shall not be deemed liabilities for work and materials. (Ord. 950 § 2 (Exh. A § 2215), 1998.)

20.24.125 Permit and reclamation plan requirements

The following requirements shall govern applications for surface mining and reclamation permits:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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. (Ord. 950 § 2 (Exh. A § 2220), 1998.)

20.24.130 Permit operations standards

In addition to meeting the minimum acceptable surface mining and reclamation practices contained within SMARA and policy guidelines, each surface mining operation requiring a permit shall be conducted and designed to meet the following standards. Conditions may be imposed on the approval of mining permits and reclamation plans to ensure compliance.

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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. (Ord. 950 § 2 (Exh. A § 2225), 1998.)

20.24.135 Mining and reclamation plan content

In addition to the requirements of SMARA and state policy, the reclamation plan shall include the following information and elements and shall be applicable to a specific property or properties:

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

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

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

D. The maximum anticipated depth of the surface mining operation.

E. 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.

F. 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.

G. 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:

1. A description of the manner in which contaminants will be controlled and mining waste will be disposed;

2. A description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur;

3. A description of the designed steepness and proposed treatment of the mined lands’ final slopes, taking into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. In all cases, reclamation plans shall specify compaction of fill materials in conformance with good engineering practices and slope angles flatter than the critical gradient of the type of material involved. Whenever final slopes approach the critical gradient for the type of materials involved, an engineering analysis of the slope stability shall be required; and

4. Disposition of old equipment and structures.

H. 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.

I. 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.

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

K. 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. (Ord. 950 § 2 (Exh. A § 2230), 1998.)

20.24.140 Findings required

The following findings are required to approve or conditionally approve applications for mining and reclamation permits:

A. 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.

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

1. The reclamation plan complies with the provisions of SMARA.

2. The reclamation plan and proposed use of reclaimed land are consistent with all elements of the General Plan.

3. The reclamation plan has been reviewed pursuant to CEQA and all significant adverse impacts from reclamation of surface mining operations are mitigated to levels of insignificance.

4. The site to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

5. Written responses to the Department of Conservation have been prepared, describing the disposition of major issues raised by the Department. Where the City’s position is at variance with the comments raised by the Department, the City has responded in a satisfactory manner to the Department. (Ord. 950 § 2 (Exh. A § 2235), 1998.)

20.24.145 Financial assurances

Financial assurances shall be required to guarantee that mining and reclamation activities occur in accordance with approved plans.

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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. (Ord. 950 § 2 (Exh. A § 2240), 1998.)

20.24.150 Interim management plans

A. 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.

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

C. 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.

D. 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.

E. 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. (Ord. 950 § 2 (Exh. A § 2245), 1998.)

20.24.155 Amendments

Reclamation plans may be amended in the following manner:

A. 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.

B. Amendments to an approved reclamation plan shall be approved by the same procedure as that for the original approval of the plan. (Ord. 950 § 2 (Exh. A § 2250), 1998.)

20.24.160 Public records

Reclamation plans, reports, applications, and other documents submitted pursuant to this article are public records unless it can be demonstrated to the satisfaction of the City that the release of such information or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. In such cases, the City shall identify such proprietary information as a separate part of each application, which shall be made available only to the State Geologist and to persons authorized in writing by the operator or owner. (Ord. 950 § 2 (Exh. A § 2255), 1998.)

20.24.165 Annual reporting requirements

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and the planning and building department on a date established by the Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before the commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing of the annual surface mining report. (Ord. 950 § 2 (Exh. A § 2260), 1998.)

20.24.170 Inspections

A. 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.

B. 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. (Ord. 950 § 2 (Exh. A § 2265), 1998.)

20.24.175 Appeals

A. 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.

B. 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. (Ord. 950 § 2 (Exh. A § 2270), 1998.)

20.24.180 Enforcement

A. 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.

B. 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.

C. 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. (Ord. 950 § 2 (Exh. A § 2275), 1998.)

Article V Historic Resources Protection

20.24.185 Intent

It is the intent of this section to protect the City’s historic resources by preventing the unwarranted demolition of historic buildings and structures. (Ord. 1105 § 2 (Exh. A § 18150(a)), 2010.)

20.24.190 Historic demolition permit requirement

A historic demolition permit shall be obtained from the zoning administrator or historic committee, as provided in this section, prior to the issuance of a separate demolition permit by the building official for any designated or potentially historic resource listed in HMC 20.24.200(A), unless the demolition is specifically exempted by HMC 20.24.200(B). (Ord. 1105 § 2 (Exh. A § 18150(b)), 2010.)

20.24.195 Demolition defined

As used in this article, “demolition” includes the complete destruction of a building or structure that is subject to this article, as well as the removal or destruction of any portions of exterior walls, exterior facing material, exterior surface trim, or architectural, decorative, or structural features and elements that are attached to the exterior (e.g., parapets, cornices, brackets, chimneys) that has the effect of substantially altering the historic character of the building or structure. (Ord. 1105 § 2 (Exh. A § 18150(c)), 2010.)

20.24.200 Applicability

A. 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:

1. Listed in the National Historic Register or California Historic Register or has been designated by the City of Healdsburg as a historic resource.

2. Included in the City’s latest cultural resources survey and has been confirmed by the State Office of Historic Preservation as eligible or potentially eligible for listing on either register or for designation by the City of Healdsburg.

3. Included in the City’s latest cultural resources survey and has been confirmed by the State Office of Historic Preservation as a contributor towards a designated historic district or a potential historic district.

4. Has been identified through a historic evaluation prepared by a qualified architectural historian as having historic properties that warrant preservation.

5. Has been identified by the planning and building department, in consultation with the Healdsburg Museum, as potentially having historic properties that warrant preservation.

6. Buildings more than 50 years old that meet the criteria as a potential historic resource under the California Environmental Quality Act. The planning and building director may require a report prepared by a qualified architectural historian to determine if the building is a historic resource prior to issuance of any permit(s).

B. The following are exempt from the historic demolition permit requirement:

1. Buildings and structures determined by the building official to pose a serious and immediate threat to the public health, safety or general welfare.

2. Buildings and structures that were constructed less than 50 years ago and are not listed in the City’s cultural resources survey.

3. A building or structure included in the cultural resources survey but whose listing is determined by the planning and building department to be based on erroneous information, based on evidence in the record.

4. The structure or building is determined by the planning and building department to not meet criteria for historical significance as defined by the State Office of Historic Preservation, based on evidence in the record.

5. Demolition of interior partitions, walls, or any other demolition that will not modify the exterior appearance of the structure or building. (Ord. 1172 § 2, 2018; Ord. 1105 § 2 (Exh. A § 18150(d)), 2010.)

20.24.205 Historic demolition permit application

A historic demolition permit application shall be filed with the planning and building department on a form provided by the department and shall be accompanied by the following information for each structure proposed to be demolished:

A. A description and location of the structure.

B. Photographs of all sides of the structure.

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

D. The reason(s) for the proposed demolition.

E. 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.

F. An evaluation prepared by a qualified architectural historian that:

1. Verifies the structure’s eligibility for the National Historic Register, California Historic Register and/or local designation, either individually or as a contributor to an eligible or designated historic district.

2. Describes the impact that demolition of the structure will have on the integrity of the eligible or designated historic district, if applicable.

3. Recommends design features that should be incorporated into the replacement structure, if the property is located within a designated or potential historic district. (Ord. 1105 § 2 (Exh. A § 18150(e)), 2010.)

20.24.210 Environmental review

Environmental review of a historic demolition permit application shall be conducted in accordance with the California Environmental Quality Act to identify the potential environmental impacts of a proposed historic demolition permit and measures needed to mitigate any significant impacts. (Ord. 1105 § 2 (Exh. A § 18150(f)), 2010.)

20.24.215 Public hearing

The planning and building director, acting as the zoning administrator, shall conduct a public hearing on an application for a historic demolition permit in compliance with Chapter 20.28 HMC, Article III, or may refer the application to the planning commission, acting as the historic committee. (Ord. 1105 § 2 (Exh. A § 18150(g)), 2010.)

20.24.220 Action on application

A. 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.

B. 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. (Ord. 1105 § 2 (Exh. A § 18150(h)), 2010.)

20.24.225 Factors to be considered

In the course of reviewing a historic demolition permit application, the zoning administrator or historic committee shall consider the following factors:

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

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

C. The cost of preserving or rehabilitating the building or structure;

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

E. The feasibility of relocating the building or structure. (Ord. 1105 § 2 (Exh. A § 18150(i)), 2010.)

20.24.230 Required findings

In order to approve an application for a historic demolition permit, the zoning administrator or historic committee must make at least one of the following findings:

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

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

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

D. 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.

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

F. 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:

1. Willful or negligent acts by the owner that resulted in structural deterioration,

2. Failure to perform normal maintenance and repairs,

3. Failure to diligently solicit and retain tenants, and

4. Failure to secure and board the structure if vacant.

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

H. 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.

I. 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.

J. Demolition of the structure will not have a significant impact on the historic integrity of the designated or potential historic district. (Ord. 1105 § 2 (Exh. A § 18150(j)), 2010.)

20.24.235 Conditions of approval

Potential conditions of approval that may be adopted by the zoning administrator or historic committee in approving a historic demolition permit include, but are not limited to, the following:

A. 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.

B. 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.

C. 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. (Ord. 1172 § 2, 2018; Ord. 1105 § 2 (Exh. A § 18150(k)), 2010.)

20.24.240 Issuance of demolition permit

In addition to obtaining a historic demolition permit, an applicant shall also apply for and obtain a regular demolition permit from the building official prior to demolition of any historic building, structure or property. (Ord. 1105 § 2 (Exh. A § 18150(l)), 2010.)