Amending Santa Rosa City Code, Chapter 17-24, Trees

January 4, 2005


ORDINANCE NO. 3699

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SANTA ROSA CITY CODE, CHAPTER 17-24, TREES

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1.  New subsection (F) is added to section 17-24.040 to read as follows:

"(F) A permit granted under the provisions of this chapter shall be retained on the project site and shall be made available upon request prior to, during, and following the actual tree alteration, removal, or relocation activity for a period of thirty (30) days."

Section 2.  Section 17-24.110 is amended to read as follows:

 "17-24.110   Criminal Penalty for Violation.
A violation of any provision of this chapter is subject to Chapter 1-28 of the City Code."

Section 3.  Section 17-24.130 is amended to read as follows:
  
"17-24.130  Replacement Trees.
In lieu of prosecution under Section 17-24.110, any person who alters, removes, or relocates a tree, or who permits or causes to be altered, removed or relocated any tree in violation of any provision of this chapter, may petition the Director for permission to replace each tree so altered, removed, or relocated, with four replacement trees for each six inches or fraction thereof of the diameter of each tree which was altered, removed or relocated without a permit, each of the same genus and species, each of a minimum 15-gallon container size, to be planted on the property on which the violation was committed.  If approved by the City Attorney, the Director may grant the petition, with or without conditions, if he finds that the proposed replacement trees will substantially restore the property environmentally to a condition equal to its condition prior to the violation.  Each such replacement tree shall be deemed and considered a "protected tree" under the provisions of this chapter.  The conditions imposed by the Director may include requirements for security to insure the tree's successful establishment and proper care for a stated period of time.  The Director may also authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified if he finds that either adjustment will be more beneficial to the permanency of all trees on the property."

Section 4.  The above amendments are necessary to discourage the alteration, removal or relocation of trees without a permit.

Section 5Severability.  If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6Environmental Determination.  The above amendments are exempt from the California Environmental Quality Act (CEQA) in that the amendments to the Tree Ordinance do not have the potential for causing a significant environmental impact. 

Section 7Effective Date.  This ordinance shall take effect on the 31st day following its adoption.

IN COUNCIL DULY PASSED AND ADOPTED this 4th day of January, 2005.

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