17.060 Tree Removal.
A. Permit required. No protected tree shall be removed, cut down, or otherwise destroyed, unless a permit is issued by the Community Development Department. For site development that allows for tree removal as part of a project’s conditions of approval, the written permit may be in the form of signed authorization by the Community Development Department, a tree preservation plan approved by the Community Development Department, written approval for a grading permit, encroachment permit, or other similar permit.
B. Tree replacement requirement. The following conditions determine whether a protected or designated tree must be replaced.
1. Protected Trees. If the City authorizes the removal of a protected tree(s) because it is dead, dangerous, or a nuisance, no tree replacement is required. In all other cases, the tree(s) must be replaced, with the exception of protected trees approved for removal by the approving body in relation to a development application.
2. Street Trees. If the City authorizes removal of a street tree in connection with a development project, it shall specify the replacement requirements in the permit authorizing removal.
3. Development Projects. If a project applicant chooses to remove trees from a development site the project applicant will be required to replace the tree or trees. Refer to the “Tree Technical Manual” for approved forms of tree replacement. On projects where Planning Commission/City Council approval is not required, replacement will be at the direction of the Community Development Director. For development projects that require Planning Commission/City Council approval, protected trees authorized for removal will be addressed as part of the development conditions of approval. The approving body shall be the deciding factor on appropriate replacement and the project will be conditioned accordingly.
C. Appraisal valuations. All trees to be replaced shall be the same native species as those removed, unless specific approval has been granted, by the Director or the appropriate approval authority. Appraisal value shall be determined by using the most recent edition of the “Guide for Plant Appraisal”, published by the Council of Tree and Landscape Appraisers. The appraisals shall be completed on the most recent “Form for Northern California” published by the International Society of Arboriculture.
D. Location of replacement trees. Trees will be replaced on the development site or in reasonable proximity as required by the approving authority through the development review process or as approved by the Community Development Director during the review of a development permit.
E. Considerations for denial of Tree Removal Permit. A finding of any one of the following situations shall be grounds for denial of the permit.
1. Removal or damage of a healthy tree could be avoided by:
a. Reasonable redesign of the site plan prior to construction;
b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the Community Development Director.
2. Adequate provisions for drainage, erosion control, land stability, windscreen buffers along the road and between neighbors have not been made where these problems are anticipated as a result of the removal.
F. Security Deposits. A security deposit shall be posted to cover the value of protected trees for preservation during the construction process. The security deposit will be collected with and subject to the same requirements as site improvements. Typical methods may be improvement agreements, encroachment permit, building permit, or other similar methods used by the City to secure improvement requirements. Release of security for tree preservation shall be the same as the time frames defined within the agreement/permit method used to secure improvements. Security deposits for tree preservation shall be subject to a tiered system as defined below:
1. Up to the first $100,000 of tree value the deposit is 20%, thereafter tree valuations in excess of $100,000 shall be 10% of the valuation in excess of $100,000.
2. Creeks, riparian corridors and significant groves or stands of trees are considered a significant biological resource and construction activity is restricted in these areas. Creeks, riparian corridors and significant groves or stands of trees are exempted from security deposit requirements unless required by the approving authority through the development review process.
3. City of Petaluma sponsored and/or funded projects are exempt from security deposit requirements.
4. If any tree fails to survive, or declines to a point where it is deemed to not be expected to survive, the City may use the security value of the dead or declining tree(s) to purchase new trees for on or off-site use. In the event that replacement cannot be accomplished on-site, the security will be placed in a fund for use in planting trees within public right-of-way, parks, public landscape areas, or other areas as deemed appropriate by the City of Petaluma.
5. 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 Community Development Director and may include the requirement for an evaluation by a certified arborist and/or the City Arborist, the cost to be borne by the developer.