Petaluma Municipal Code Ch. 8.28 Heritage and Landmark Trees

The city has established, through provisions within its general plan, that urban trees contribute not only scenic

beauty, but that they reduce soil erosion, improve air quality, provide wind protection, abate noise and oQer shade

to reduce energy consumption.

The city has further established that certain heritage and landmark tree resources exist within the city which by

the nature of their physical, social, or environmental signiNcance or contribution to the identity of neighborhoods,

merit community recognition and protection.

It is therefore the intent and purpose of this chapter to promote the health, safety and welfare of present and

future residents of the city of Petaluma by providing for the identiNcation and preservation of heritage and

landmark tree resources existing within the city.

It is further the intent and purpose of this chapter to encourage cooperative neighborhood eQorts toward

preservation of groups of trees located on publicly or privately owned lands which collectively contribute to a

unique and attractive living environment for residents. (Ord. 1855 NCS §l, 1991.)

The provisions of this chapter shall be limited to existing individual heritage and/or landmark trees and/or groves

of such trees within the city limits. (Ord. 1855 NCS §1, 1991.)

The director of community development or duly authorized representative, hereinafter referred to as the director,

shall be charged with administration of the provisions within this chapter. (Ord. 1855 NCS §l, 1991.)

An oPcial register of heritage and landmark trees shall be developed and maintained by the city. The register shall

contain information specifying the location, size, and species of tree resources designated under this chapter, and

shall identify Nndings for each resource designation. (Ord. 1855 NCS §l, 1991.)

A. Trees on private property may be nominated for designation to the city register only by property owners of

the land on which the trees are located. Nomination shall be made by application Nled with the director and any

additional documentation required by the community development department. Neighbors desiring to preserve a

group of trees under multiple ownerships may individually nominate their respective trees to collectively

contribute to the protection of the neighborhood streetscape.

B. The director is authorized to conduct and prepare an inventory of trees on public property eligible for

nomination to the city register. From time to time, additional trees on public lands may be nominated for

designation to the city register by any resident or employee of the city by appropriate application Nled with the

community development department.

C. Fees for nomination to the city register shall be established through resolution of the city council.

D. Nominations to the city register shall not be accepted for consideration without the written consent of the

property owner of the land on which the nominated tree(s) are located, or his/her legally authorized

representative.

(Ord. 1855 NCS §l, 1991.)

Designation to the register shall be based upon one or more of the following Nndings:

A. Heritage Trees:

1. Indigenous species of historic, cultural or environmental signiNcance to the community.

2. Commemorative planting by a group of citizens or the city in recognition of a signiNcant community

member or event.

B. Landmark Trees:

1. Exceptional size/age as relates to generally accepted horticultural standards for the species.

2. Unusual or distinctive form, character, function or visual impact as related to the species and setting.

3. Association with a historically signiNcant person, structure, or event.

4. Groves or stands of trees which collectively meet one or more of the criteria set forth in subsection B 1

through 3 above.

(Ord. 1855 NCS §l, 1991.)

A. Upon receipt of nominations for designation, the director shall calendar the same for consideration by the

city historic and cultural preservation committee. A report shall be prepared containing a description of the tree(s)

nominated and recommendations for or against designation. Proceedings not speciNed herein for obtaining

approval for designation shall be the same as set forth in Title 21 (Zoning Ordinance) on matters referred for

committee review.

Upon consideration of the application, the Committee may adopt or reject the recommendation of the Director.

Adoption of the designation of trees to the City register shall be established by recordation of the meeting minutes

and shall contain Nndings in support of each designation.

B. The oPcial Tree Register may be amended from time to time for the purpose of designating additional trees

as heritage or landmark trees. In such case, the procedure set forth in subsection A. of this section shall apply.

(Ord. 1855 NCS §1, 1991.)

The owner of property on which is located any tree designated in the oPcial register as a heritage or landmark

tree shall be notiNed of that fact by mail within thirty days following such designation. A notice of deed restriction

shall also be recorded against the property to ensure that all subsequent property owners are duly advised of the

city tree designation. (Ord. 1855 NCS § 1, 1991.)

The director shall be authorized to establish and maintain guidelines which set forth recommended policies

governing the care and maintenance of designated tree resources. The guidelines shall apply to all designated

trees located on public lands, and shall be made available to owners of private property upon which a designated

tree is located. (Ord. 1855 NCS § 1, 1991.)

A. None of the following activities shall be performed unless a permit is Nrst 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 Nled 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 Nndings:

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, 1991.)

Violation of any provision of this chapter is punishable as an infraction. In addition to any Nne established for such

infraction, and at the discretion of the director, replacement of illegally removed or altered heritage or landmark

trees with trees of reasonably similar or appropriate size, characteristics and variety will be required. (Ord. 1855

NCS § 1, 1991.)

Any person dissatisNed with the decision of the director taken under this chapter may appeal such decision to the

historic and cultural preservation committee. Such appeal shall follow proceedings set forth under Title 21 (Zoning

Ordinance) on matters referred for zoning administrator review.

Any appeal of the decision of the historic and cultural preservation committee shall follow proceedings as set forth

under Title 21 (Zoning Ordinance) on matters referred for committee review. (Ord. 1855 NCS § 1, 1991.)