The City of Davis acknowledges the importance of trees to the community's health, safety, welfare and tranquility. Much of the city's admired and valued appearance and ambiance is due to its tree canopy, a dominant visual and spatial element of the landscape and urban form. Trees maintain an aesthetically pleasing environment and can provide environmental, aesthetic, social and economic benefits. Specifically, trees increase property values, provide visual continuity, provide shade and cooling, decrease wind velocities, provide erosion control, conserve energy, reduce stormwater runoff, act as filters for airborne pollutants, reduce noise, provide privacy, provide habitat and food value and release oxygen. The urban forest shall be prudently protected and managed to secure these benefits.
It is the intent of this chapter to establish regulations for the planting of new trees and the preservation and protection of city trees, landmark trees, trees of significance, parking lot trees, and certain private trees in order to retain and augment the health of the existing urban forest.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
The following words are defined for purposes of this chapter as follows:
Arborist
means an individual certified as an arborist by the International Society of Arboriculture (ISA), the California Arborist Association (CAA), or other nationally recognized tree research, care and preservation organization approved by the director.
Arborist report
means a report prepared by a certified or consulting arborist containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more trees on an individual lot or project site with the arborist's signature and seal.
Building permit
refers to any permit required by the community development and sustainability department for any construction (above ground or underground).
City arborist
means the arborist employed by the city, and designated by the director, responsible for review, evaluation and/or preparation of reports, permits and requests regarding pruning, construction damage, removing and/or relocating city-owned or other protected trees. In performing these duties and responsibilities, the city arborist may conduct field inspections independently as an authorized representative of the city.
City tree
means any tree within the ten-foot easement on private property planted by the city, and trees in the city's public right-of-way, parks, greenbelts, and property owned by the city. City trees are maintained by the city, except as otherwise stated in this chapter
City tree permit
means requests for the removal or modification of a city tree within an easement on private property, or on city property (including greenbelts or within the public right-of-way).
City tree planting and maintenance specifications
are the city-adopted standards for care of trees, including, but not limited to, tree planting, young tree care, pruning, mulching, fertilization, irrigation, pest management and removal and replacement.
Cutting
means the trimming, detaching or separating of any limb, trunk, root or any other part of a tree, including cutting into the trunk of a tree.
Damage
means any action undertaken that causes injury, death or disfigurement of a tree. Damage may occur by, among other means, cutting, poisoning, overwatering relocating or transplanting a tree, or trenching, excavating or paving within the tree protection zone of a tree.
Diameter at breast height (DBH)
means the diameter of a tree measured at four feet six inches above ground level. The diameter may be calculated by use of the following formula: DBH = circumference at breast height divided by 3.14. DBH is one factor used for many forms of tree evaluation, such as determining trees of significance, and is a factor in establishing replacement fees and penalties for violations, among others.
Director
means the department director or designee that administers the Urban Forestry Program.
Discretionary project
means any non-ministerial development project that is subject to the approval of either the city council or its legislative bodies with quasi-judicial authority, or by city staff through an approved administrative process.
Encroachment
means any activity conducted within the tree protection zone or drip line of a protected tree.
Grading
means the removal, movement or addition of soil or earth material.
Irrigation
means application of water by artificial means.
Landmark tree
means a tree that has been determined by resolution of the city council to be of high value because of its species, size, age, form, historical significance, or some other professional criterion.
Maintenance
in reference to tree mitigation, means the maintenance of a newly planted (young tree) should follow the City's Young Tree Maintenance Policy.
Modification
refers to direct (e.g., pruning) and indirect (e.g., grade changes, trenching) impacts to a tree and to changes to trees in the surrounding area that result in physical impacts upon a tree.
Parking lot shading guidelines
refers to the informational handout for design and shading of new and/or reconstructed parking lots, as per Section 37.04.020. The guidelines are available from the community development and sustainability department and/or the community services department.
Private/protected tree
means any tree privately owned and growing on private property, which is protected under this article, such as landmark trees and/or trees of significance. The exception being trees on single-family or duplex dwelling properties where trees were not preserved by conditions of approval, part of a planned development zone project description, nor is the property associated with any active applications for building permits or discretionary project reviews.
Private/protected tree permit
means requests for the removal or modification of a private/protected tree that meets the criteria for a tree of significance or landmark tree on property that is used for commercial, multi-family housing or residential care facilities, or in a Homeowner's Association public area, or as otherwise protected by development agreement.
Prune
shall refer to both above surface and underground cutting; to cut off or cut back parts to enhance health and structure. All pruning shall conform with tree pruning guidelines (ISA) or pruning standards (ANSI-A300).
Prune substantially
shall apply to both above-surface and underground cutting of a tree's structural components (i.e., roots and branches). It means removing any root or branch greater than a 1:5 ratio of the trunk's diameter, removing any branches or roots greater than 3.5" diameter, and/or removing more than twenty-five percent of the tree's total structural components.
Removal
means removal of a tree by cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means.
Single-family or duplex dwelling
means up to two buildings on a lot designed for and/or occupied by one household per dwelling.
Subdivider
means any developer or individual creating new single-family, duplex or multifamily lots or developing multifamily or commercial property fronting a public street.
Topping
means removal of the highest part of a tree by use of large heading cut.
Tree
means any woody perennial plant having one or several main stems commonly achieving ten or more feet in height and capable of being pruned and shaped to develop a branch-free trunk at least nine feet in height. Reference to any tree indicates the entire plant, including both visible (canopy, trunk) and below grade (roots).
Tree easement
refers to the ten-foot zone behind the sidewalk or between curb and sidewalk (or if no sidewalk exists, behind the street curb, gutter, edge of street or property line at street) within which a city tree or private tree may exist or be planted.
Tree of significance
means any tree, which measures five inches or more in diameter (DBH) located on property that is used for commercial, multi-family housing or residential care facilities, or in publicly accessible common space controlled by a Homeowner's Association.
Tree preservation fund
refers to the tree management and reservation fund maintained by the director for use as needed for specialized preservation of the community forest.
Tree preservation and protection standards
are the standards for preservation and protection of trees during construction that make up the Tree Protection Plan.
Tree protection zone (TPZ)
means the outermost edge of a tree's canopy (or drip line), as measured accurately at the time of application for a building permit, discretionary project review, tree modification permit or other discretionary approval. When depicted on a map, the TPZ will appear as an irregular-shaped circle that follows the contour of the tree's branches as seen from overhead. In certain instances, the TPZ may extend beyond the drip line, as determined by the director.
Tree removal request
means an application to the director to remove a street or city tree or other protected tree under Section 37.02.070.
Urban forest
refers to all publicly and privately owned trees within the city, its open space areas and surrounding planning area(s).
(Ord. 2099 § 1, 2002; Ord. 2390 § 3, 2012; Ord. 2671, 12/3/2024)
The director shall be charged with the enforcement of this chapter and shall be responsible for the planting, maintenance, preservation and protection, and removal of city trees or other plants in any public way or public place in the city in accordance with the provisions of this chapter. The director shall coordinate with other city departments and/or local agencies or non-profit/private groups as necessary to enforce this chapter.
(Ord. 2099 § 1, 2002; Ord. 2390 § 3, 2012; Ord. 2671, 12/3/2024)