Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION APPROVING A TREE
REMOVAL PERMIT TO ALLOW DEVELOPMENT OF A
PREVIOUSLY APPROVED SUBDIVISION AND PLANNED
UNIT DEVELOPMENT ON VACANT UNADDRESSED
PROPERTIES LOCATED ON THE WEST SIDE OF LUND
HILL LANE BETWEEN JAGLE STREET AND VALPARAISO
AVENUE.
Date: March 24, 2026
Written by: JP Harries, Senior Planner
Recommendation
It is recommended that the City Council adopt the accompanying Resolution approving a tree removal permit to allow development of a previously approved Planned Unit Development on unaddressed properties located on Lund Hill Lane between Jagle Street and Valparaiso Avenue.
APNs 144-450-036 through -043.
Background
On March 27, 1990, the Cotati City Council adopted Ordinance No. 530, which approved the Eucalyptus Glen subdivision that divided a 1.6-acre property into eight lots and included a Planned Unit Development (PUD) zoning overlay allowing four of the lots to be developed with duplexes with shared driveways and four lots to be sold as undeveloped single-family residential parcels. It’s not clear why the subdivision required a PUD overlay, but it appears to have been tied to a development plan that ensured the southerly four lots were sold and developed with single-family homes to blend with the adjacent 21-unit single-family Cypress Knolls subdivision (Lund Hill Lane between Cypress Ave. and Jagle St.) that had just completed construction, and to ensure the northly four lots were developed with duplexes to blend with the adjacent four-plex on Valparaiso Avenue. After approval, the entire site was graded, frontage and drainage improvements were installed, and the Final Map creating the lots and PUD was recorded. No residential units were constructed.
On January 28, 2008, the Cotati Planning Commission again approved development of the four duplexes and adopted Resolution No. PC 08-04 approving a Mitigated Negative Declaration and Mitigation Monitoring Program that were prepared for development of the site. After the duplexes were approved, the owner unsuccessfully challenged in court the conditions of approval, which required contributions to the City’s inclusionary housing fund and mitigation measures for potential impacts on the California Tiger Salamander (CTS). No residential units were constructed, and the lots were placed on the market.
Since the units were placed on the market there has been significant interest from potential buyers, but none that were willing or knowledgeable enough to navigate the complexities of developing the properties including mitigating potential impacts to CTS and conformance with the PUD zoning.
On October 8, 2024, the Cotati City Council adopted Ordinance 929 which in part amended the land use code to allow development of historic PUDs in conformance with the adopted PUD or in conformance with the underlying zoning. This amendment was adopted to help address the challenges of developing properties that had historic PUD zoning such as the Eucalyptus Glen subdivision.
In March 2025, the properties were sold and the new owners contacted the City to discuss development options. They were advised by staff that the properties could be developed individually or as a whole project and that the lots could be developed either in conformance with the PUD (four duplexes and four single-family homes) or in conformance with the underlying zoning, which is Neighborhood, Medium Density (NM) and promotes plex housing.
They were also advised that development of single-family and duplex residences in conformance with the City’s Objective Design Standards is today a ministerial project, but that a tree removal permit approved by the City Council would be required to remove the oak trees on site.
On January 6, 2026, the applicant submitted a Tree Removal Application requesting the removal of 68 trees. The applicant indicated that they intend to develop the properties in accordance with the PUD, which allows for four single-family homes and four duplexes, each with ADUs. Note that the attached Tree Inventory Report includes a site plan that shows plex housing on all lots, but that differs from what the applicants are now intending to propose. A preliminary planning submittal for the duplexes is attached, but as of now no building or grading permit applications have been submitted. The applicant has indicated that they will likely submit construction permits within the next month. Additional project information will be posted on the City’s Projects in Progress website as it is received by the City.
Analysis/Discussion
The Tree Removal Application proposes the removal of 68 trees, including 53 native oak trees, 11 blue gum eucalyptus trees, and 4 Monterey pine trees. The age of the eucalyptus trees is unclear; however, the pines and oaks appear to have “volunteered” on the site since the initial grading occurred in 1991 or 1992.
The tree removal application proposes removing all trees within the previously approved development foot prints of the properties to accommodate grading, paving, and construction of the residences, while retaining the trees located along the western and northern property lines.
The oak trees proposed for removal are generally small, with most measuring less than six inches in diameter at breast height (DBH). No prominent or “heritage” oak trees are present on the site or proposed for removal. The Cotati Municipal Code classifies Monterey pine and eucalyptus trees as “undesirable species” due to their large size, extreme flammability, invasive root systems, and/or poor structural characteristics. As a result, their removal is generally encouraged when they are located near structures. A complete list of tree species and sizes is provided in the attached tree inventory report.
Mitigation
Section 17.54.050 of the Cotati Municipal Code (CMC) provides a tree replacement (or mitigation) program for when trees cannot be preserved onsite. Section 17.54.050. A. states that the review authority may condition any tree permit for the removal of a tree to require tree replacement, as shown in Table 5-2.
Based on strict adherence to the replacement values in Table 5-2, the proposed tree removal would require the replanting of 328 trees onsite, which would not be feasible after construction.
Cotati Municipal Code (CMC) Section 17.54.050.C allows for the payment of an in-lieu mitigation fee, as established in the City’s fee schedule, when replanting is not feasible or desirable. A combination of replanting and payment of the in-lieu fee is also permitted. The current mitigation fee is $131 per tree. If no replanting were to occur, the total mitigation fee for the proposed removal would be $42,968.
Given that the oak trees proposed for removal have only been growing on the site since it was graded around 1991, and that the proposal also includes the removal of undesirable species, staff recommends a combined replanting and in-lieu mitigation program equivalent to 164 trees, or half of the maximum replacement requirement identified in Table 5-2.
A recommended condition of approval requires the planting of three native oak trees (minimum 15-gallon size) on each lot, for a total of 24 trees. This is considered a reasonable number given the size of the lots and the anticipated building footprints. Based on this approach, the remaining mitigation requirement would be satisfied through an in-lieu fee of $18,340, payable at the time a grading or building permit is issued.
Tree Removal Findings (CMC Chapter 17.54)
1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter;
2. Measures have been incorporated into the Project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this chapter;
3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;
4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and
5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.
Staff Response – The trees proposed for removal consist primarily of young oaks that have established on the site in locations approved for development since it was initially graded around 1991. The remaining trees include blue gum eucalyptus and Monterey pine, which the Cotati Municipal Code (CMC) classifies as undesirable species due to their large size, extreme flammability, invasive roots, and/or poor structure. The removal of these trees will not be detrimental to public health or safety.
The central trees, of which almost all are less than 6 inches in diameter, will be removed to accommodate site grading and construction of homes. No specimen or heritage trees are present that must be preserved. The tree removal plan eliminates undesirable species along the southerly property line while preserving a significant number of trees, including oaks, along the rear of the properties. Oaks along the northern and southern property lines will also be retained.
The trees proposed for removal do not serve as a privacy buffer, provide wind screening, or impact on-site drainage, erosion, or land stability. No adverse effects are expected from their removal. Existing oaks along the northern and southern borders, which provide screening from adjacent neighbors, will be retained. As a condition of approval, additional planting will be required in these areas to maintain screening.
In conformance with Chapter 17.54 of the CMC, to mitigate the loss of the 68 trees the applicant is required to replant 164 trees or pay an in-lieu fee. Conditions of approval mandate replanting three trees on each lot (24 trees total). A payment of $18,340 (140 trees x $131/tree) will be paid into the City’s tree mitigation fund in-lieu of planting the remaining trees.
The permit is conditioned to protect nesting birds. If construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.
Financial Considerations
There is no adverse impact to the City’s General Fund as a result of this application. Staff time required to process the application is covered by the application fee. In addition, payment of the in-lieu mitigation fee into the City’s tree fund will support programs that plant trees on both City and private properties, such as the Plant-a-Tree Cotati program.
Environmental Issues
The City of Cotati has reviewed the project in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines. Pursuant to CEQA Guidelines Section 15183, the project may tier from the City of Cotati General Plan and its EIR. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan Environmental Impact Report (EIR) (SCH No. 2013082037) that may apply to the subject project are identified and included as conditions of approval. The proposed Project is also an urban infill development project meeting the provision of Categorical Exemption Class 32, as set forth in CEQA Guidelines Section 15332.