HomeMy WebLinkAboutOrdinance 2924 N.C.S. 04/06/2026 Ordinance No. 2924 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
May 6, 2026
ORDINANCE NO. 2924 N.C.S.
Introduced by: Shribbs Seconded by: Cader Thompson
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: 230C651E-C521-44F5-AFF4-D8364A9945DA
Ordinance No. 2924 N.C.S. Page 2
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; and
WHEREAS, the City Council finds that removal of a protected tree reduces the public benefits of a tree at
the site and within the community, and that replacement planting, or payment of an in-lieu fee when on-site
planting is infeasible, directly mitigates that loss; and
WHEREAS, the City Council finds that trunk diameter, tree health, tree structure, and minimum replacement
tree size are objective and administrable arboricultural measures reasonably related to the size, condition, and
functional value of the removed tree, and that use of those measures provides a standardized and roughly
proportional method for determining replacement obligations without requiring parcel-by-parcel valuation of
every ecological and aesthetic benefit associated with each tree; and
WHEREAS, the City Council finds that a newly planted replacement tree does not immediately provide the
same level of canopy and related public benefits as an established protected tree, and that requiring replacement
trees to total a specified replacement trunk diameter and meet a minimum box size is a reasonable method of
approximating the mitigation needed to address the loss caused by tree removal; and
WHEREAS, the City Council further finds that on-site replacement is the preferred form of mitigation
because it restores tree benefits closest to the location of the impact, but that some development sites are
insufficient in size or use to accommodate all required replacement trees, and in those circumstances an in-lieu
fee dedicated to the purchase and installation of replacement trees in public open space, park space, or other
designated planting areas is a reasonable alternative means of providing substantially similar mitigation; and
WHEREAS, the City Council finds that any in-lieu fee required under this ordinance is imposed solely to
fund replacement tree planting and related installation costs needed to mitigate the impacts of protected tree
removal, and is not imposed for general revenue purposes.
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
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
Ordinance No. 2924 N.C.S. Page 3
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 d ocuments and all
comments received, and the foregoing findings, the City Council adopts and incorporates herein Exhibit A as the
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.
//
//
//
//
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
Ordinance No. 2924 N.C.S. Page 4
INTRODUCED and ordered published and posted this 16th day of March 2026.
ADOPTED this 6th day of April, 2026 by the following vote:
Ayes: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
Noes: None
Abstain: None
Absent: None
Kevin McDonnell, Mayor
ATTEST: APPROVED AS TO FORM:
Caitlin Corley, City Clerk Eric Danly, City Attorney
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
Ordinance No. 2924 N.C.S. Page 5
Exhibit A
IZO Chapter 17 – Tree Preservation
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
Ordinance No. 2924 N.C.S. Page 6
Exhibit B
PMC Chapter 13.08 – Trees and Other Vegetation
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-1
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: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-2
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. Developed Property. For purposes of the tree replacement requirements (17.070.B), a developed
property is a privately owned parcel with an existing legally established single-family detached
residence.
D. Development Permit. A permit issued by the City to approve a development project and may include
both discretionary and ministerial permits.
E. 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.
F. Director. The Community Development Director or their designee.
G. Dripline. The area within a circle defined by a radius measured from the trunk to the outermost
branch or maximum extent of the canopy.
H. 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.
I. 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.
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-3
J. 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.
K. 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.
L. 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 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.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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.
S. 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.
T. 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: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-4
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-5
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
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-6
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.
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 street tree or 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
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-7
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.
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.
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-8
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. Developed Property. All tree removals associated with a Development Permit on a privately owned
parcel that is developed with an existing single-family residence 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.
C. 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.
D. 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
E. 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.
F. 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.
G. 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
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-9
otherwise approved by the Director due to seasonal planting requirements consistent with good
forestry practices.
H. 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:
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;
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-10
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: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-11
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.
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-12
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.
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
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-13
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.
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 Violations and Enforcement
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
1-A-14
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. This penalty fee is in addition to tree replacement
consistent with applicable requirements in Section 17.070.
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: 230C651E-C521-44F5-AFF4-D8364A9945DA
ATTACHMENT 1 – EXHIBIT B
1-B-1
PMC CHAPTER 13.08 – Trees and Other Vegetation
13.08.010 Enforcement officer
The director of public works or their duly authorized representative shall be charged with the
enforcement of this chapter. (Ord. 1970 NCS §3, 1994.)
13.08.020 Planting within public rights-of-way
Any person planting or setting out any tree, or causing or procuring any person to plant or set out any
tree, in or on any part of any public street or right-of-way area in the city shall undertake and complete
said placement in accordance with the city-approved street tree list and planting standards. (Ord. 1970
NCS §3, 1994.)
13.08.030 Resolution listing approved trees
The Tree Advisory Committee of the city shall, in consultation with city staff develop and recommend to
the city council who, by resolution, shall adopt a list of trees approved for planting within public rights-
of-way. The resolution so adopted may be amended from time to time and may contain therein such
tree planting requirements as are deemed necessary by the council. The resolution so adopted or later
amended by the council shall be filed with the city clerk and copies thereof shall be made available to
the public. (Ord. 1970 NCS §3, 1994.)
13.08.040 Street, utility or sidewalk hazard deemed nuisance
Any tree or shrub growing in a public planting strip or other right-of-way area, or in private property,
which is endangering the security or usefulness of any public street, utility, or sidewalk, is a public
nuisance. The city may cause to have the same to be trimmed, or may require the owner of a property
adjoining the affected right-of-way to trim any such tree or other vegetation. The removal of any street
tree due to a public nuisance should only occur when alternative options are considered and
determined infeasible consistent with the intent of the City’s Tree Preservation Ordinance (IZO Chapter
17). The city attorney, upon order of the city council, will commence action or proceedings for the
abatement and removal and enjoinment thereof in the manner provided by law. (Ord. 1970 NCS §3,
1994.)
13.08.050. Traffic hazard deemed nuisance
A tree, shrub or other vegetation which, in the opinion of the director of public works, constitutes a
hazard to traffic through obstruction to visibility and movement along a public street is a public
nuisance. The city may cause such tree or other vegetation to be trimmed or removed and may
commence proceedings for abatement as provided by law. In such cases, tree removal shall only be
considered when alternative options have been considered and determined to be infeasible, consistent
with the intent of the City’s Tree Preservation Ordinance (IZO Chapter 17). (Ord. 1970 NCS §3, 1994.)
13.08.060. Destruction of trees in rights-of-way
Consistent with the provisions of the City’s Tree Preservation Ordinance (IZO Chapter 17), i t is unlawful
to damage, abuse, destroy, or mutilate any tree located in any public rights-of-way area, or to attach or
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA
ATTACHMENT 1 – EXHIBIT B
1-B-2
place any rope or wire (other than one used to support a tree), sign, poster, handbill, or other thing to or
on any such tree, or to cause any wire charged with electricity to come in contact with any such tree, or
to allow any gas, liquid or solid substance which is harmful to such trees to come into contact with their
roots or leaves. Unlawful activities include heading, topping, removal of major limbs and other
alteration which substantially impairs the structural integrity, health, aesthetic value or general
usefulness of trees located within public right-of-way areas, and which is not consistent with the
provisions under this title, the City’s Tree Preservation Ordinance (IZO Chapter 17), and city-adopted
pruning guidelines.
The above provisions notwithstanding, trimming, pruning, and selective removal of branches and foliage
from such trees for purposes of maintaining a safe and nondangerous condition for users of public
streets and sidewalks, and for purposes of improving the health, structure, aesthetic value and general
usefulness of the trees shall be permitted, provided such pruning is consistent with provisions under this
title and the City’s Tree Preservation Ordinance (IZO Chapter 17). (Ord. 1970 NCS § 3, 1994.)
13.08.070 Tree removal permits—Replacement
A. It is unlawful for any person, organization, officer of the city or other public entity to remove any tree
located within the public rights-of-way without first obtaining a Tree Removal Permit and an
Encroachment Permit in compliance with the City’s Tree Preservation Ordinance (IZO Chapter 17).
13.08.080 Appeal
Any decision by the city per this chapter may be appealed in accordance with IZO Section 24.090.
13.08.090 Violations
Violation of any provision of this chapter is punishable in accordance with Section 17.140 of the IZO.
Docusign Envelope ID: 230C651E-C521-44F5-AFF4-D8364A9945DA