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HomeMy WebLinkAboutPLANNING COMMISSION RESOLUTION 2026-03 03/10/2026 PLANNING COMMISSION RESOLUTION NO. 2026-03 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PETALUMA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 17 OF THE IMPLEMENTING ZONING ORDINANCE TO COMPREHENSIVELY MODIFY THE CITY’S TREE PRESERVATION ORDINANCE WHEREAS, trees are an essential part of a robust strategy toward carbon neutrality in that they are carbon stock, provide on-going carbon sequestration, reduce heat island effect, provide for passive colling, dilute pollution, and help to improve air quality; and WHEREAS, trees provide beauty and character in the community, create shade and a sense of protection along rights of way to facilitate increased use of alternative transportation, and support the City’s biological resources and riparian protection; and WHEREAS, Petaluma’s existing tree ordinance has not been updated to realize the increased benefit of enhanced tree protection; and WHEREAS, in 2022 the City of Petaluma was awarded a grant from CalFire to develop an Urban Forest ry Management Plan and update the City’s Tree Preservation Ordinance; and WHEREAS, in 2023 a comprehensive update to the City’s Tree Preservation Ordinance was identified on the City Council’s Citywide Goals and Priorities; and WHEREAS, in November 2024, the City Council adopted the Blueprint for Climate Action; and WHEREAS, cornerstone action UF-1 in the Blueprint for Climate Action calls for amendments to the City’s zoning code to update permitting requirements to be consistent with the City’s tree canopy goals; and WHEREAS, action UF-3 in the Blueprint for Climate Action calls for adopting a revised tree ordinance that prioritizes tree preservation; and WHEREAS, action UF-4 in the Blueprint for Climate Action calls for clarification of removal criteria for street trees to minimize the loss of street trees; and WHEREAS, in 2025 the City Council elevated adoption of an updated Tree Preservation Ordinance to a list of the top ten Citywide priorities; and WHEREAS, the City initiated a Zoning Text Amendment to modify the City’s Tree Preservation Ordinance, Chapter 17 of the Implementing Zoning Ordinance (IZO); and WHEREAS, the City conducted two publicly noticed study sessions with the Tree Advisory Committee on January 17, 2024 and August 21, 2024, to receive input to shape the development of the update to the Tree Preservation Ordinance; and WHEREAS, on October 28, 2025, the City conducted a duly noticed study session with the Planning Commission to receive input on the draft ordinance; and WHEREAS, the intent of the updated Tree Preservation Ordinance is to acknowledge a shift in Petaluma’s understanding and prioritization of the function of its urban tree canopy by maximizing tree protection, minimizing tree removal, and ensuring replacement when removal is unavoidable; and WHEREAS, the City, as the lead agency analyzed the Zoning Text Amendment pursuant to the California Environmen tal Quality Act (CEQA) act to be categorically exempt pursuant to CEQA Guidelines Section 15307 Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 2 of 17 for Class 7 – Actions by Regulatory Agencies for Protection of Natural Resources and CEQA Guidelines Section 15308 for Class 8 -- Actions by Regulatory Agencies for Protection of the Environment; and WHEREAS, on March 10, 2026, the Planning Commission held a duly noticed public hearing to consider the Zoning Text Amendment; and WHEREAS, at the March 10, 2026, public hearing, pursuant to IZO Section 25.050.B, the Planning Commission adopted Resolution No. 2026-03 recommending City Council approve an Ordinance adopting a Zoning Text Amendment to modify the Tree Preservation Ordinance including findings of consistency with the General Plan and findings of public necessity and convenience. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated herein by reference as findings of the Petaluma Planning Commission. 2. Based on the staff report, staff presentation, comments received, and the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: a. CEQA Compliance: The Zoning Text Amendment is a discretionary act when brought before the City Council for decision and, therefore, a project pursuant to the California Environmental Quality Act (CEQA). The Zoning Text Amendment has been reviewed pursuant to CEQA Guidelines and found to be categorically exempt under Section 15307 for Class 7 – Actions by Regulatory Agencies for Protection of Natural Resources and Section 15308 for Class 8 -- Actions by Regulatory Agencies for Protection of the Environment. b. General Plan Findings: Consistent with IZO Section 25.070.B, the proposed amendment to Ordinance 2900 N.C.S. to comprehensively modify IZO Chapter 17 (Tree Preservation), attached hereto as Exhibit B, is consistent with the Petaluma General Plan 2025 in that is recognizes and prioritizes preservation of trees as a community asset (Goal 1-G-7), helps to preserve existing trees and updates the City’s tree regulations (Policy 1-P-49.A) and establishes a central authority for the coordination, review, and development of tree related policies with support from the City’s consulting arborist (Policy 1-P-49.C), and facilitates preservation and expansion of the City’s tree inventory on public property (Policy 1-P-50). c. Public Necessity, and Convenience Findings: Consistent with IZO Section 25.050.B, the public necessity, convenience, and general welfare clearly permit the adoption of the proposed amendments, attached hereto as Exhibit B, in that the modification of the City’s Tree Preservation Ordinance implements General Plan policy, follows all process requirements for amendment of the zoning ordinance, and have been duly public noticed consistent with applicable law. 3. Based on its review of the entire record herein, including the March 10, 2026, Planning Commission staff report, all supporting, referenced, and incorporated documents, all comments received, and the foregoing findings, the Planning Commission hereby recommends that the City Council adopt an Ordinance, as shown in Exhibit A, modifying Chapter 17 (Tree Preservation) of the IZO, attached hereto as Exhibit B. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 3 of 17 APPROVED this 10th day of March, 2026, by following vote: Commission Member Aye No Absent Abstain Ebner X Goldman X Mozes X Newell X Racusen X Schildt X Barnacle X Jessica Mozes, Chair ATTEST: APPROVED AS TO FORM: Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 4/17/2026 4/15/2026 4/15/2026 Planning Commission Resolution No. 2026-03 Page 4 of 17 EXHIBIT A DRAFT CITY COUNCIL ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA INTRODUCING A ZONING TEXT AMENDMENT TO COMPREHENSIVELY MODIFY CHAPTER 17 (TREE PRESERVATION) OF THE IMPLEMENTING ZONING ORDINANCE AND ASSOCIATED MODIFICATIONS TO MUNICIPAL CODE CHAPTER 13.08 (TREES AND OTHER VEGETATION) WHEREAS, trees are an essential part of a robust strategy toward carbon neutrality in that they are carbon stock, provide on-going carbon sequestration, reduce heat island effect, provide for passive colling, dilute pollution, and help to improve air quality; and WHEREAS, trees provide beauty and character in the community, create shade and a sense of protection along rights of way to facilitate increased use of alternative transportation, and support the City’s biological resources and riparian protection; and WHEREAS, Petaluma’s existing tree ordinance has not been updated to realize the increased benefit of enhanced tree protection; and WHEREAS, in 2022 the City of Petaluma was awarded a grant from CalFire to develop an Urban Forestry Management Plan and update the City’s Tree Preservation Ordinance; and WHEREAS, in 2023 a comprehensive update to the City’s Tree Preservation Ordinance was identified on the City Council’s Citywide Goals and Priorities; and WHEREAS, in November 2024, the City Council adopted the Blueprint for Climate Action; and WHEREAS, cornerstone action UF-1 in the Blueprint for Climate Action calls for amendments to the City’s zoning code to update permitting requirements to be consistent with the City’s tree canopy goals; and WHEREAS, action UF-3 in the Blueprint for Climate Action calls for adopting a revised tree ordinance that prioritizes tree preservation; and WHEREAS, action UF-4 in the Blueprint for Climate Action calls for clarification of removal criteria for street trees to minimize the loss of street trees; and WHEREAS, in 2025 the City Council elevated adoption of an updated Tree Preservation Ordinance to a list of the top ten Citywide priorities; and WHEREAS, the City initiated a Zoning Text Amendment to modify the City’s Tree Preservation Ordinance, Chapter 17 of the Implementing Zoning Ordinance (IZO); and WHEREAS, the City conducted two publicly noticed study sessions with the Tree Advisory Committee on January 17, 2024 and August 21, 2024, to receive input to shape the development of the update to the Tree Preservation Ordinance; and WHEREAS, on October 28, 2025, the City conducted a duly noticed study session with the Planning Commission to receive input on the draft ordinance; and Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 5 of 17 WHEREAS, the intent of the updated Tree Preservation Ordinance is to acknowledge a shift in Petaluma’s understanding and prioritization of the function of its urban tree canopy by maximizing tree protection, minimizing tree removal, and ensuring replacement when removal is unavoidable; and WHEREAS, the City, as the lead agency analyzed the Zoning Text Amendment pursuant to the California Environmental Quality Act (CEQA) act to be categorically exempt pursuant to CEQA Guidelines Section 15307 for Class 7 – Actions by Regulatory Agencies for Protection of Natural Resources and CEQA Guidelines Section 15308 for Class 8 -- Actions by Regulatory Agencies for Protection of the Environment; and WHEREAS, on March 10, 2026, the Planning Commission held a duly noticed public hearing to consider the Zoning Text Amendment; and WHEREAS, at the March 10, 2026, public hearing, pursuant to IZO Section 25.050.B, the Planning Commission adopted Resolution No. 2026-03 recommending City Council approve an Ordinance adopting a Zoning Text Amendment to modify the Tree Preservation Ordinance including findings of consistency with the General Plan and findings of public necessity and convenience; and WHEREAS, the City Council held a duly noticed hearing on March 16, 2026, at which time the City Council considered the proposed Zoning Text Amendments, including the recommendation from the Planning Commission, the staff report, and public comment. NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma, as follows: Section 1. Recital Findings The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this Ordinance as findings and determinations of the City Council. Section 2. Exemptions from CEQA The Zoning Text Amendment is a discretionary act and, therefore, a project pursuant to the California Environmental Quality Act (CEQA). The Zoning Text Amendment has been reviewed pursuant to CEQA Guidelines and found to be categorically exempt under Section 15307 for Class 7 – Actions by Regulatory Agencies for Protection of Natural Resources and Section 15308 for Class 8 -- Actions by Regulatory Agencies for Protection of the Environment. Section 3. General Plan Findings Consistent with IZO Section 25.070.B, the proposed amendment to Ordinance 2900 N.C.S. to comprehensively modify IZO Chapter 17 (Tree Preservation), attached hereto as Exhibit A, is consistent with the Petaluma General Plan 2025 in that is recognizes and prioritizes preservation of trees as a community asset (Goal 1-G-7), helps to preserve existing trees and updates the City’s tree regulations (Policy 1 - P-49.A) and establishes a central authority for the coordination, review, and development of tree related policies with support from the City’s consulting arborist (Policy 1-P-49.C), and facilitates preservation and expansion of the City’s tree inventory on public property (Policy 1 -P-50). Section 4. Public Necessity, Convenience and General Welfare Findings Consistent with IZO Section 25.050(B), the public necessity, convenience, and general welfare clearly permit the adoption of the proposed amendments, attached hereto as Exhibit A, in that the modification of the City’s Tree Preservation Ordinance implements General Plan policy, follows all process requirements for amendment of the zoning ordinance, and have been duly public noticed consistent with applicable law. Section 5. IZO Chapter 17 Ordinance Amendment Based on its review of the entire record herein, including the March 16, 2026 City Council staff report, all supporting, referenced, and incorporated documents and all comments received, and the foregoing findings, the City Council adopts and incorporates herein Exhibit A as the Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 6 of 17 new IZO Chapter 17 (Tree Preservation) to amend the Petaluma Implementing Zoning Ordinance and to replace in whole the existing IZO Chapter 17. Section 6. PMC Chapter 13.08 Ordinance Amendment Based on its review of the entire record herein, including the March 16, 2026 City Council staff report and supporting, referenced, and incorporated documents and all comments received, and the foregoing findings, the City Council adopts and incorporates herein Exhibit B as the new Chapter 13.08 (Trees and Other Vegetation ) to amend the Petaluma Municipal Code and to replace in whole the existing PMC Chapter 13.08. Section 7. Severability If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful other otherwise invalid. Section 8. Posting/Publishing of Notice The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. Section 9. Effective Date The Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. INTRODUCED and ordered published and posted this 16th day of March 2026. ADOPTED this DD day of Month YYYY by the following vote: Ayes: Noes: Abstain: Absent: Kevin McDonnell, Mayor ATTEST: APPROVED AS TO FORM: Caitlin Corley, City Clerk Eric Danly, City Attorney Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 7 of 17 EXHIBIT B IZO Chapter 17 – Tree Preservation 17.010 Purpose 17.020 Definitions 17.030 Applicability 17.040 Exemptions 17.050 Guidance Documents 17.060 Tree Removal Permits 17.070 Tree Replacement 17.080 Tree Trimming and Pruning 17.090 Preservation of Existing Trees in Development Proposals 17.100 Preservation of Existing Trees in Ministerial Permits 17.110 Preservation of Existing Trees on vacant lots 17.120 Tree Protection and Preservation Plan 17.130 Appeals, Extensions, Revocation 17.140 Violations and Enforcement Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 8 of 17 17.010 Purpose The City of Petaluma contains a variety of both native and non-native trees. Trees are an essential part of a robust strategy toward carbon neutrality in that they are carbon stock, provide on-going carbon sequestration, reduce heat island effect, provide for passive cooling, dilute pollution, and help to improve air quality. In addition, trees provide beauty and character in the community, create shade and a sense of protection along rights of way to facilitate increased use of alternative transportation, and support the City’s biological resources and riparian protection. These benefits are invaluable to the continued health and protection of the Petaluma community, its place within the regional context, and are representative of our commitment to climate protection and carbon neutrality. The purpose of this chapter is in acknowledgement of a shift in Petaluma’s understanding and prioritization of the function of its urban canopy. The tree canopy is a community resource that produces oxygen, cleans the air, provides shade, cools the city, provides habitat for wildlife, increases property values, slows traffic, and improves our social and psychological wellbeing. The purpose of this chapter is to maximize tree protection, minimize tree removal, and ensure replacement when removal is unavoidable under the limited circumstances outlined below. This chapter provides regulations for the protection, preservation, and maintenance of all trees within City limits and to ensure not only no net loss of tree canopy but significant increase in tree canopy within Petaluma. 17.020 Definitions A. Arborist. Professional arborist certified by the International Society of Arboriculture (ISA). B. Dead Tree. A tree that is 1.) no longer alive, or 2.) has been removed beyond repair, or 3.) is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such an advanced state of decline by a certified arborist during a non-dormant or other natural state of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state. C. Development Permit. A permit issued by the City to approve a development project and may include both discretionary and ministerial permits. D. Development Project. Any improvement of real property which requires the approval of grading permits, building permits, encroachment permits, parcel or tentative subdivision maps, site plan and architectural review, or use permits. E. Director. The Community Development Director or their designee. F. Dripline. The area within a circle defined by a radius measured from the trunk to the outermost branch or maximum extent of the canopy. G. Heritage Tree. An existing tree designated as such by the Historic and Cultural Preservation Committee consistent with the provisions outlined in Petaluma Municipal Code Chapter 8.28 and based on consistency with findings outlined in subsection 8.28.060.A. H. Imminent Situation. A condition that presents a present and immediate risk of tree failure, injury to persons, or damage to property, such that prompt action is necessary and the risk is reasonably likely to occur before a Tree Removal Permit can be obtained through the ordinary process. I. Landmark Tree. An existing tree designated as such by the Historic and Cultural Preservation Committee consistent with the provisions outlined in Petaluma Municipal Code Chapter 8.28 and based on consistency with findings outlined in subsection 8.28.060.B. J. Native Tree. A tree species that naturally occurs in the region and is part of the local ecosystem. These trees have co - evolved with local flora and fauna, are adapted to the soil and climate, and are essential for biodiversity. K. Pruning. The selective removal of specific parts of a tree, including branches, stems, buds, or roots, to improve or maintain the tree’s health, safety, structure, and appearance. Pruning can be conducted for various reasons, such as Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 9 of 17 removing dead, diseased, or damaged branches, reducing the risk of falling limbs, controlling or directing growth, improving light penetration and air circulation, and maintaining a desired shape or size. Pruning should be performed following established arboricultural standards (ANSI A300) to ensure the tree’s long-term vitality and to minimize the risk of harm to the tree. L. Street Tree. A tree located within the public right-of-way, typically applicable to trees planted between a sidewalk and the roadway. May apply to trees along private streets, similarly planted between a sidewalk and roadway. M. Tree. Any native or non-native woody plant or palm (family Arecaceae) with a trunk diameter of six inches or greater and not defined as a nuisance species as defined in Section 17.040.H below. N. Tree Protection Zone (TPZ). The designated area surrounding a tree that is to be protected where no construction, grading, trenching, storage of materials, or other land disturbance is permitted without project arborist oversight. The TPZ is necessary to protect the tree’s root system, which typically extends well beyond its canopy. The size of the TPZ is often defined by the tree’s dripline plus 10 feet, or as defined by the project arborist. O. Tree Removal. The complete removal of a tree or any action that could foreseeably lead to the decline and death of a tree (i.e. root damage or excessive pruning as determined by a certified arborist in contract with the City of Petaluma). Generally, topping a tree or the removal of more than 1/3 of the tree’s foliage in a single season shall meet this definition. P. Tree Value. The dollar amount determined by an arborist using the Trunk Formula Technique described in the current edition of the “Guide for Plant Appraisal”, published by the Council of Tree and Landscape Appraisers. Q. Topping. The improper practice of cutting back the main trunk or large branches of a tree to stubs or lateral branches that are not large enough to assume the terminal role. This drastic reduction in tree height and canopy often leaves large open wounds, which can lead to decay, disease, and increased susceptibility to pests. Topping can also cause the rapid growth of weakly attached, spindly branches, leading to a dense, unstructured canopy that is prone to breakage. R. Trunk Diameter. The diameter of the trunk of an existing tree as measured at four and one-half feet up the trunk from the highest point of grade around the base. The measurement off the ground is taken at the same angle as any lean in the trunk. If the trunk forks below three feet above grade, add the diameter of the two largest trunks. If the trunk forks above three feet above grade, the measurement is taken at the narrow point below the fork. S. Urban Forestry Fund. A designated fund for collection of tree removal permit fees, in-lieu fees, fines, and other collections called for in this Chapter and for which the City shall use for activities to further the City’s urban forestry goals. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 10 of 17 17.030 Applicability The provisions of this Chapter shall apply to all zoning districts in the City as it relates to the removal or relocation of trees as identified in Section 17.020 (Definition). Exceptions to the provisions of this Chapter are outlined in Section 17.040 (Exemptions), however the scope of exemptions is purposefully limited to ensure the implementation and ongoing commitment to the purpose of this Chapter as outlined in Section 17.010 above (Purpose). This Chapter is applicable to development on both private and publicly owned property, actions of individual property owners, as well as City sponsored and/or funded projects and trees located within the public right-of-way. 17.040 Exemptions The removal or relocation of existing trees is exempt from the provisions of this Chapter, including requirement for a Tree Removal Permit, only under the following circumstances. The City recommends that any property owner removing a tree under one or more of the exemptions below should thoroughly document the conditions to maintain adequate evidence as may be needed to settle any code enforcement inquiry. A. Trunk Diameter. Trees with a trunk diameter less than six inches are not consistent with the definition of “tree” as provided in Section 17.020 and therefore exempt from the requirements of this Chapter. B. Imminent Situations Removal of a tree due to an Imminent Situation is exempt from the requirements of this Chapter. C. Public Utility Protection. Removal of trees for the protection of existing electrical power or communication lines as determined in writing by the Director of Public Works that removal is necessary to meet safety or reliability standards and that reasonable alternatives (including pruning) are infeasible. D. Proximity to Foundation. Existing trees with a trunk base at grade within proximity of the foundation of an existing residential structure, constructed prior the effective date of this Chapter, where an arborist documents existing damage or a likelihood of imminent damage to the structure. E. Proximity to Larger Trees. Existing trees with a trunk diameter of less than 16 inches and whose base at grade is located within six feet of the base of an existing tree with a larger trunk diameter. F. Nuisance Species. The following species, and as may be periodically modified in the City’s Tree Technical Manual, have been determined to be nuisance species in the City of Petaluma: 1. Tree of Heaven 2. Acacia sp. 3. Italian Cypress 4. Plum 5. Privet 6. Lombardy Poplar 17.050 Guidance Documents The following documents may be used for more specific guidance for the care, preservation, and replacement of trees in the City of Petaluma. A. Tree Technical Manual. Standards, guidelines, and best management practices supplementary to this Ordinance are contained in the City of Petaluma’s Tree Technical Manual. This manual is developed, maintained, and periodically updated as needed by the Tree Advisory Committee. The manual shall be readily available to the public and shall include but not be limited to standards and specifications regarding the protection of trees during construction, the maintenance and protection of existing trees, and format and content of arborist reports and plans. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 11 of 17 B. List of Approved Street Trees. Approved street trees for planting adjacent to public streets and sidewalks and including recommended spacing, planter width, and water usage. This list is developed, maintained, and periodically updated as needed by staff in consultation with the Tree Advisory Committee for approval by resolution of the City Council. C. Municipal Code. The Petaluma City Code contains permit requirements for trees located in the public right-of-way (PMC Chapter 13.08) and designation of Heritage and Landmark Trees (PMC Chapter 8.28). Applicable sections of the Municipal Code may be used in addition to the provisions of this ordinance as applicable to a given situation. All tree related codes and regulations are aligned in the overall purpose of this ordinance as stated above in Section 17.010. D. Guide for Plant Appraisal. Comprehensive alignment of current knowledge of the approaches, processes, and methods of plant valuation. Published by the Council of Tree and Landscape Appraisers (current edition). E. Blueprint for Climate Action. The City's adopted Climate Action Plan, which includes a series of action plans to maximize reduction of greenhouse gas emissions within Petaluma. The Urban Forest Strategy within the Natural Systems and Sequestration Action Plan includes a series of actions specific to tree preservation. F. Urban Forest Management Plan. As may be adopted and amended by City Council. 17.060 Tree Removal Permits A. Permit Required. It is unlawful to remove or relocate any tree with a trunk diameter of six inches or greater without a tree removal permit except as may be exempted by the provisions of Section 17.040 above or for regular trimming and pruning as outlined in Section 17.080. B. Review Authority. 1. If a Tree Removal Permit is submitted with a Development Project subject to discretionary review, consistent with parameters outlined in Section 17.090 below, the review authority shall be the same as the review authority designated for the related entitlements. 2. If a Tree Removal Permit is submitted as a stand-alone permit without association with any other Development Permit on the site, the Director shall be the review authority. 3. If a tree removal is requested as part of a building, encroachment, or grading permit application and is not associated with an approved discretionary Development Project, the Director shall be the review authority and a decision on the Tree Removal Permit must be issued prior to or concurrent with the issuance of the building, encroachment, or grading permit. C. Findings for Approval. A Tree Removal Permit may only be approved if one or more of the following conditions exists: 1. The tree to be removed is a Dead Tree or extremely diseased, or in such a poor structural state that it has a high likelihood of failure that cannot be mitigated through generally accepted arboricultural practices. The Director may require that the applicant provide an analysis by an Arborist to support this determination. 2. Removal or alteration is necessary to prevent obstruction or interference with public utility facilities, sanitary sewer facilities, storm drains, water supply facilities, or watercourses and alternative solutions have been deemed infeasible. 3. Removal or alteration is necessary to prevent obstruction or interference with public sidewalk and alternative solutions have been determined infeasible. 4. The tree has been deemed a hazard in writing by the Petaluma Fire Department or insurance carrier. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 12 of 17 5. Removal is necessary to allow reasonable use and enjoyment of the subject property and the owner has complied with Section 17.070 (Tree Replacement). 6. For Heritage and Landmark Trees, the Director must make one or more of the above findings as well as the additional findings consistent with Municipal Code Section 8.28.100.B prior to approval of a permit to remove a designated Heritage or Landmark Tree. D. Findings for Denial. Notwithstanding the findings set forth in Section 17.060.C, a Tree Removal Permit may be denied if any one or more of the following findings is made: 1. Removal of a healthy tree or multiple trees could be avoided by reasonable alternatives such as trimming, pruning, thinning, or other reasonable treatments. 2. Revisions to a proposed project would allow an owner to reasonably develop and use the subject property without requiring the removal of a healthy tree or multiple trees. 3. Adequate measures have not been demonstrated to address drainage, erosion control, land stability, visual impacts, and wind screening issues that may arise due to tree removal. E. Street Trees. For Street Trees, an approved Tree Removal Permit shall be obtained prior to issuance of an Encroachment Permit consistent with the provisions in Petaluma Municipal Code Chapter 13.08. F. Referral. At the discretion of the Director, the City may refer any permit application to a consulting arborist for review and recommendation prior to decision on the permit application. G. Expiration. A Tree Removal Permit shall be valid for one year from the date of approval unless otherwise provided for as part of entitlements approved for an associated Development Project. 17.070 Tree Replacement. If a tree is approved for removal pursuant to Section 17.060 above, such approval shall include requirement for tree replacement consistent with the following standards: A. All tree removals approved but not associated with a Development Project shall be replaced at a ratio of one tree (minimum 15-gallon) per 12 inches of trunk diameter or portion thereof. The applicant may plant replacement trees on site or pay the applicable in-lieu fee or a combination of the two to fully satisfy the required tree replacement. B. Heritage and Landmark Trees. The removal of a designated Heritage or Landmark Tree shall be replaced in kind or with minimum 24-inch box specimens (one and one-half inch caliper) of similar character as approved by the Review Authority and in compliance with Municipal Code Section 8.28.100.B.1. C. Development Project. All tree removals associated with an approved Development Project shall be replaced at a one - inch to one-inch trunk diameter basis based on a 15-gallon replacement tree equivalent to 2-inches of replacement trunk diameter. While a Development Project is not limited to 15-gallon specimens, a larger specimen does not equate to a larger replacement value. D. Street Trees. The removal of any street tree shall be replaced at a one-to-one ratio with a suitable replacement species consistent with the List of Approved Street Trees, deemed suitable in the available planter strip or tree well, consistent with the existing street tree palette or as otherwise approved as part of coordinated streetscape design, in compliance with adopted tree planting standards, and as approved by the Director. Removal of a street tree must be replaced and cannot be satisfied through payment of an in-lieu fee. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 13 of 17 E. Location. All tree replacements shall occur on the same site as the trees approved for removal, except: 1. If the required tree replacement cannot be fully replaced on site or in reasonable proximity to the site, the Review Authority may approve payment of a tree in-lieu fee consistent with the fee established by the City Council and as automatically increased each fiscal year to provide for purchase and installation of replacement trees through established tree planting programs. All in-lieu fees shall be collected in the Urban Forestry Fund and used at the City’s discretion for activities that support the City’s urban forestry goals. F. Timing. All replacement trees required by the provisions of this ordinance shall be planted within 60 -days of the tree removal or before final inspection pursuant to a valid building permit unless otherwise approved by the Director due to seasonal planting requirements consistent with good forestry practices. G. Maintenance. The property owner shall be responsible for appropriately maintaining all replacement trees. 17.080 Tree Trimming and Pruning No permit shall be required for regular maintenance except that: A. Topping is prohibited, and B. Pruning involving more than 25% of above ground mass per year is prohibited unless determined necessary to facilitate tree health and preservation by an arborist. 17.090 Preservation of Existing Trees in Development Projects All Development Projects shall be designed to recognize the City’s goal to preserve existing tree canopy and demonstrate consideration and incorporation of design principles to implement the objectives outlined in Section 17.010 to the greatest extent feasible. A. Permit Required. All Development Projects that propose removal of any existing trees on the project site shall require concurrent review of a Tree Removal Permit. B. Recent Tree Removal. An application for a Development Project shall be denied if submitted within 24 months of illegal tree removal activities, or within 24 months of an approved Tree Removal Permit on a site where the tree removal was approved without consideration of the Development Project application, unless one of the following conditions applies: 1. The approved Tree Removal Permit and the Development Project application are unrelated., 2. The approved Tree Removal Permit was an imminent situation pursuant to Section 17.040.C; 3. Approval of the requested Development Project application is necessary for the health or safety of those occupying existing improvements on the site; or 4. Unless otherwise in conflict with State or federal law. C. Review Authority. Consistent with Section 17.060.B, a Tree Removal Permit associated with a Development Project shall be reviewed at the discretion of the review authority for the associated entitlements as outlined in Chapter 24. D. Site Design Principles. Development Projects shall incorporate the following principles to make the best effort to maximize tree protection to the greatest extent feasible: Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 14 of 17 1. The design of every development project shall recognize the desirability of preserving trees to the greatest extent possible. The design of the grading and site improvements shall make best efforts to employ the following safeguards: a. Protection of sufficient growing areas as required by individual species; b. No disruption or removal of structural roots or majority loss of feeder roots; c. Metal fencing of trees at or beyond their drip lines during grading and construction activities; d. No filling, cutting, development, or compaction of soils within the drip line of existing trees except as provided for in the approved Tree Protection Plan; and e. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect. f. New utilities shall be routed outside the dripline of existing trees and away from anticipated root zones of proposed trees. 2. It is recognized that the preservation of all existing trees on a development site may conflict with reasonable land developmental considerations (e.g., adequate drainage, grading, circulation, safety, and provision of utilities). However, the design of the development project shall address preservation of the most desirable and significant of existing healthy trees. 3. Street Trees along the project frontages shall be preserved as feasible and all improved streetscapes shall incorporate street tree plantings consistent with the approved List of Street Tree, consistent with all streetscape standards, and designed to maximize the growth and maintenance of proposed street tree plantings. E. Project Arborist Requirements. An arborist report shall be submitted with all Development Projects that potentially affect existing trees on the project site, which includes the following standards: 1. Arborist reports shall be prepared by an arborist and presented to the review authority for review as part of the discretionary review process for a Development Project. 2. At the discretion of the Director, the City may require peer review of any arborist report submitted for a development proposal at the sole expense of the applicant. 3. Recommendations from the project arborist shall be incorporated into the final project plans. 4. A Tree Preservation and Protection Plan shall be prepared by the Project Arborist as part of any Development Project application when there are existing trees within 30 feet of any proposed construction, grading, or demolition. The preparation and criteria of all Tree Preservation and Protection Plans shall be consistent with the provisions outlined in Section 17.120. F. Supplemental Findings. No tree removal shall be approved as part of a Development Project without the review authority first making all of the following findings: 1. The Development Project demonstrates consideration of tree preservation goals as outlined in Section 17.010. 2. The Development Project demonstrates compliance with one or more of the required findings for approval of the Tree Removal Permit as outlined in Section 17.060.C. 3. None of the findings for denial outlined in Section 17.060.D apply to the Development Project. 4. The design of the Development Project maximizes preservation of existing trees on the site in balance with reasonable land development considerations. 5. The Development Project adequately incorporates recommendations contained in the project arborist report. 6. The Development Project includes a detailed Tree Protection Plan and has been conditioned accordingly to ensure appropriate safeguards are in place during grading and construction to ensure successful preservation of existing trees to remain. 7. The associated plans for the Development Project incorporate the Tree Protection Plan and applicable mitigation measures from the project’s environmental review. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 15 of 17 G. Standard Conditions of Approval. For Development Projects that include preservation of existing trees, the following standard conditions of approval shall be considered and incorporated into the approval record (approval letter/resolution) as applicable to the project specific context to ensure successful tree preservation through the construction process: 1. All work within the Tree Protection Zone shall implement the recommendations of the project arborist as included in the project’s Tree Protection Plan, consistent with subsection 17.120 below. 2. Prior to initiation of any construction activity on the site, including demolition or grading, temporary protective fencing shall be installed at each tree identified for preservation consistent with the following standards: a. Protective fencing shall be installed at the Tree Protection Zone (TPZ) as illustrated on the approved Tree Preservation and Protection Plan, Improvement Plan, and similar. b. Protective fencing shall be metal and a minimum of four-feet high to serve as a barrier to prevent encroachment of any type by construction activities, equipment, materials storage, or personnel. 3. The Tree Protection Zone shall be illustrated on all Site Plans, including grading and utility plans, and represent the area around each tree, or group of trees, to be protected at all times with tree protection fencing. a. No encroachment into the TPZ is allowed at any time without approval from the project arborist. b. Any unauthorized entry into the TPZ is a violation of this Ordinance and shall be subject to enforcement pursuant to Section 17.140. 4. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until the project is complete and shall instruct personnel and sub -contractors as to the purpose and importance of fencing and preservation. 5. No grading shall occur within the protective barriers without prior approval by the Director. 6. No attachments or wires other than those of a protective or non-damaging nature shall be attached to a tree. 7. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. 8. When the existing grade around a protected tree is to be raised the project arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk. 9. When the existing grade around a protected tree is to be lowered the project arborist shall provide written directions on which method(s) may be used (terracing, retaining wall, etc) to allow the dripline to be left at the original grade. 10. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier. H. Security Deposits. A security deposit may be required at the discretion of the Director to cover the value of trees for preservation during the construction process, consistent with the following criteria: 1. The security deposit shall be collected prior to the issuance of a building permit for any construction on the site, including grading, demolition or improvements, and shall be accompanied by a signed agreement on a form provided by the City. 2. The security deposit shall be collected as a cash deposit equal to 20% for the first $100,000 of aggregate tree value, thereafter tree valuations more than $100,000 shall be 10% of the valuation in excess of $100,000. 3. City of Petaluma sponsored and/or funded projects are exempt from security deposit requirements. 4. The applicant may request release of the security deposit after final inspection and determination that all trees identified for preservation remain in good condition at the conclusion of construction activity on site. 5. If any tree fails to survive, or declines to a point where it is deemed to not be expected to survive, the City may: a. Use the security deposit of the dead or declining tree(s) to purchase new trees for on or off-site use; or b. Require the applicant to replace the trees on site prior to refunding the security deposit. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 16 of 17 6. In the event that replacement cannot be accomplished on-site, the City shall retain all or a portion of the security deposit to fund tree planting programs within public rights-of-way, parks, public landscape areas, or other areas as deemed appropriate by the City of Petaluma. 7. If a tree or trees, that have been designated to be protected, are determined to have failed or died on their own and not through impacts from development, the security deposit shall not be used for replacement. This determination shall be made at the discretion of the Director and may include the requirement for an evaluation by a consulting arborist. 8. Prior to drawing on a security deposit, the City shall provide written notice of deficiency and a reasonable opportunity to cure. 9. Security deposits shall be held by the City without accrual or payment of interest. Any refund due shall be limited to the remaining principal amount after any authorized deductions under this section. 17.100 Preservation of Existing Trees in Ministerial Permits . Tree preservation remains an important part of all development permits, whether there is a discretionary review process or ministerial review of a permit. To ensure appropriate awareness of existing trees and needed tree protection measures as part of all permits, the following are required with all applications for building, grading, demolition or other construction related permits: A. A site plan that identifies all existing trees within 30 feet of proposed construction activity, including trenching, utilities, grading, etc. B. Tree protection fencing and other tree preservation measures to ensure that the proposed work does not impact existing trees on the site. C. Identification of trees proposed for removal, existing trees to be preserved, and new tree planting proposed. 17.110 Preservation of Existing Trees on vacant lots. No tree located on a vacant lot shall be cut or otherwise damaged or destroyed without an approved tree removal permit, unless otherwise exempted pursuant to Section 17.040. 17.120 Tree Preservation and Protection Plan A. All Tree Protection and Preservation Plans shall be prepared by an arborist and clearly include the following data: 1. Arborist name and company as appropriate 2. Arborist certification number 3. Contact information for the project arborist 4. Date of plan B. All Tree Protection and Preservation Plans shall include the following: 1. The location of all existing trees on the site whose trunk is within 30 feet of the proposed work, including trees proposed for preservation, removal, and transplant. 2. All trees located on immediately adjacent sites if they overhang the project site. 3. Description of the project site, the date of inspection, and a summary of the total number of trees present, to be removed, and to be preserved. 4. A site plan that identifies the location of each tree, including each tree’s reference number and defines the Tree Protection Zones. 5. Assessment data for each existing tree on the site. 6. Comments and observations regarding the health and structure of each existing tree. 7. Estimate of the impacts of the proposed development activities on the long-term health and structural integrity of each existing tree. 8. Recommendation for removal or preservation of each tree based on anticipated development impacts. 9. Any recommendations for modifications to reduce impacts to existing trees to further maximize tree protection. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866 Planning Commission Resolution No. 2026-03 Page 17 of 17 10. Prescriptive requirements for any work proposed within the dripline of existing trees. 17.130 Appeals Extensions, Revocation A. Appeals. Any determination made pursuant to this Chapter may be appealed, as prescribed in Section 24.090 of the IZO. B. Expiration/Extension. A Tree Removal Permit shall be exercised within one year from the date of approval or other time limit established through a discretionary permit approval. If a Tree Removal Permit is not exercised within the established time frame the permit shall expire. C. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of conditions of approval imposed as part of the Tree Removal Permit associated with a Development Project as prescribed in Section 17.090.I. D. Construction Monitoring. Monitoring of tree protection and restoration measures specified as a condition of approval shall be performed by site inspection conducted by the Director, including the discretion to designate responsibility to the City’s consulting arborist. E. Revocation. A Tree Removal Permit may be revoked or modified based on any of the following findings: 1. The Tree Removal Permit was issued based on misrepresentation or fraud; 2. The applicant has not satisfied or has violated a condition of approval associated with the approved Tree Removal Permit; 3. The issuance of the Tree Removal Permit was done in violation of any code, law, ordinance, or statute; 4. The issuance of the Tree Removal Permit is detrimental to public health, safety, or welfare. 17.140 Enforcement A. Any person who cuts, damages, or removes a tree in violation of this Chapter may be criminally prosecuted as a misdemeanor. A violation of this Chapter shall also constitute a public nuisance and may be abated and/or enforced through civil, criminal, or administrative proceedings in accordance with Title 1 of the Petaluma Municipal Code. In addition to other remedies available, a violation of this Chapter during construction may result in an immediate stop work order until permits are obtained and required mitigation procedures are in place. B. If a civil or administrative action is brought by the City, a penalty shall be assessed against anyone who violates any provision of this Chapter or any approved Tree Protection and Preservation Plan. Penalties shall be consistent with approved administrative fees as set by resolution by the City Council and as periodically amended. C. Where a tree is illegally removed or damaged to a degree that survival is not expected, the penalty shall include full replacement value of each tree removed or damaged or $500, whichever is greater, and shall be paid to the City. Replacement values shall be developed using the Trunk Formula Technique described in the most recent edition of the “Guide for plant Appraisal”, published by the Council of Tree and Landscape Appraisers. D. Where a tree is illegally damaged and the damage cannot be fully corrected but the tree is expected to survive, then the penalty shall include full replacement value times the percentage of the tree damaged. E. A civil or administrative action may also be implemented to provide appropriate relief to abate, enjoin, or otherwise compel the cessation of such violation. Docusign Envelope ID: 6130BA4D-2854-45DC-8AD1-15222179A866