8.28.100 Permits for certain activities.
A. None of the following activities shall be performed unless a permit is first granted by the director
1. Removal or willful destruction of any heritage or landmark tree.
2. Substantial alteration, including removal of a substantial portion of the branches or foliage of heritage or landmark trees, as determined by the granting authority.
3. Disturbing the soil or placing deleterious substance or material on the soil within the drip line area of any heritage or landmark tree located on public lands.
B. Application for permit shall be filed with the community development department on a form prescribed by the director, and shall be accompanied by any other pertinent information that may be required. Fees for required permits shall be established by resolution of the city council.
The permit shall be granted by the director upon the following findings:
1. In the case of removal,
a. A determination by the historic and cultural preservation committee that the heritage tree must be removed in order for the property owner to use the property for any principle use permitted as of right or by special permit under the city of Petaluma Zoning Ordinance for the zoning district in which the property is located, and that such use could not be made of the property unless the tree is removed; or
b. That the condition of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal; or
c. That the tree or tree roots are causing, or threatening to cause, damage to any main structure on the owner’s or a neighboring property; or
d. That the tree no longer meets the criteria for a heritage or landmark tree set forth in Section 8.28.060.
Issuance of the required permit for removal of trees may, at the discretion of the granting authority, be conditioned upon replacement of lost trees in kind or with twenty-four inches box (one and one-half inch caliper) specimens of similar character.
2. In the case of any other activity for which a permit is required, that such activity is necessary either to preserve the tree to engage in lawful construction activity on the property, to protect the public health, safety and welfare or to prevent damage to any main structure on the owner’s or a neighboring property.
C. The director shall delete from the city register any designated tree for which a permit to remove is granted pursuant to this section.
(Ord. 1855 NCS § 1 (part), 1991.)