Article 37.03 LANDMARK TREES AND TREES OF SIGNIFICANCE LOCATED ON CERTAIN PRIVATE PROPERTY

Any person may and is encouraged to submit a proposal to designate a tree as a landmark tree. Property owners of trees under consideration shall be notified that a proposal has been submitted and shall have the opportunity to participate in the designation process. Proposals shall be reviewed by the director and sent to a city council advisory commission for its review. Upon recommendation of the advisory commission and approval of the city council, a tree may be designated as a landmark tree if it meets any of the following criteria:

The tree is an outstanding specimen of a desirable species;

The tree is one of the largest or oldest trees in Davis;

The tree is of historical interest;

The tree is of distinctive form; or

(5)

The tree is an unusual species, significant grove or is otherwise unique.

§ 37.03.030 Landmark tree designation—Benefits to property owners.

The director shall notify, in writing, the person who submitted the proposal and the tree owner (if different from the applicant) of the city council's decision.

(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)

Owners of property of a landmark tree(s) are eligible to receive benefits for the care and maintenance of their landmark tree. Typical benefits may include:

Owners shall receive a resolution of appreciation from the City of Davis.

§ 37.03.040 Landmark tree designation—Removal of designation.

Free consultation and advice from the city arborist for the landmark tree.

(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)

Only the owners of the property on which a landmark tree is located may request removal of the landmark tree designation. The property owner shall submit a removal of designation application to the director identifying the purpose and reasons for the request for removal of the designation. The property owner shall be exempt from any permit fees related to this request.

The tree permit appeal board will review the request for the removal of the landmark tree designation and recommend that the designation be removed if the tree has died, been damaged, is diseased or for the reason(s) indicated in the removal of designation application. The tree permit appeal board shall work with property owner to establish a reasonable course of action that may include removal of the landmark tree designation.

(c)

Approval or Denial of Request to Remove Landmark Tree Designation.

If the removal of the landmark tree designation is approved by the board, the tree(s) shall no longer be designated as a landmark tree and shall be removed from the city's landmark tree list. A request to designate the tree as a landmark tree may not be submitted again for two years following the date of the board's approval.

§ 37.03.050 Landmark trees and trees of significance—Removal or modification not associated with building permits or discretionary projects.

If the removal of the landmark tree designation is denied by the board, the landmark tree designation shall remain. A request for the removal of the landmark tree designation for the same tree may not be submitted again for one year following the date of the board's denial.

(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)

Modification or Removal. No person shall cut down, remove, prune substantially, encroach into the tree protection zone, top or relocate any landmark tree or any tree of significance unless a valid tree permit has been approved pursuant to the procedures contained in Sections 37.02.050 and 37.02.070 and, if applicable, Section 37.03.060. The director shall have the discretion to grant or deny any permit application for the removal or modification of a tree of significance and may in his or her discretion, refer such permit application to the tree permit appeal board.

§ 37.03.060 Landmark trees and trees of significance—Removal or modification associated with building permits or discretionary projects.

Emergencies. In the event of an emergency (when a tree is imminently hazardous or dangerous to life or property) the tree may be pruned or removed, whichever is appropriate, upon notification to the director. If, due to the immediacy of the emergency, notification prior to the pruning or removal is infeasible or impossible, notification shall be given to the director on the next day following the pruning or removal.

(c)

Removal by public utility. A public utility may submit a permit application to remove landmark trees that interfere with the safe and efficient operation of the public service for which they are responsible, as per the city public utility easement agreement and Section 37.02.060.

(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)

This section shall govern requests for removal or modification of landmark trees and trees of significance, except those not subject to this article under Section 37.03.010, in all cases where removal or modification is for the purpose of: (1) constructing or adding to a structure, including, but not limited to, fences, sheds, decks and retaining walls; (2) providing parking; (3) trenching; or (4) any other activity requiring approval of a building permit or any discretionary project.

An application for a building permit or discretionary permit, when there are landmark trees or trees of significance exist on or within fifteen feet of the site, shall include with the project plans a tree preservation plan consisting of the following:

A scale drawing that designates the location, species, and trunk diameter measured at DBH of applicable trees on the site, with each tree's tree protection zone accurately depicted, and indicates the landmark tree(s) and/or tree(s) of significance proposed for removal or modification.

Location of proposed existing structures and/or improvements, including, but not limited to, trenching, paving grade changes, building heights, etc.

Project contact (name, phone, and address) who shall be responsible for implementing and maintaining the approved tree protection plan consistent with Section 37.05.010.

Photos of the general site conditions may be required to be submitted with the project plans. Existing trees may be required to be located in the field by a licensed surveyor and reflected on the project plans.

(c)

Independent Arborists Report. At the expense of the applicant, an independent arborist's report may be required when there are landmark trees or trees of significance exist on or within fifteen feet of the site, which shall contain specific information on tree location, health, and condition, an analysis of potential impacts of development, recommended actions, mitigation measures (as defined in this section), and monitoring regarding one or more trees on an individual lot or project site. Independent arborist's report may be required in, but is not limited to, the following circumstances:

When a particularly valuable species is involved in the project;

When more than three trees will be affected;

When there is a highly visible impact to the tree canopy;

When a highly visible tree will be affected;

(5)

When a tree(s) that is shared or enjoyed by more than one property owner is involved; or

(6)

When circumstances could put an existing tree at risk and require an arborist's recommendation for prudent care.

(d)

Conditions of approval for landmark tree or tree of significance removal or modification permits associated with building permits of discretionary approvals. A bond or other security satisfactory to the city may be required as a condition of approval of application for a building permit or discretionary permit, when there are landmark trees and/or trees of significance exist on or within fifteen feet of the site, as provided in Section 37.02.040(d).

(e)

Applications shall be considered, and a determination made regarding whether or not and under what conditions the permit should be granted by the entity or official listed below:

By the planning commission, as part of any application requiring planning commission approval;

By the community development director, or designee, for any tree permit associated with a building permit, or any discretionary project application requiring approval by the community development department.

(f)

The following standards and provisions shall be considered when evaluating a permit under this section:

The design and placement of development should attempt to incorporate existing healthy trees into the site design.

If a tree(s) is to be removed, the removal shall be mitigated in accordance with the following, as provided in the permit:

(A)

Replanting a Tree(s) On-Site. Trees shall be planted and maintained in number and size so that there is no net loss in tree diameter at breast height (DBH). For example, if one tree is removed with a twelve-inch DBH size, mitigation may consist of a replacement of equal size, two trees each measuring six-inch DBH, or four trees each measuring three-inch DBH. The replanted tree(s) shall be minimum five-gallon size and of a species that will eventually equal or exceed the removed tree in size.

(B)

Replanting a Tree(s) Off-Site. If there is insufficient space on the property for replacement tree(s), required planting and maintenance shall occur on another property owned by the applicant, or in city-owned open space or park, subject to the approval of the city arborist and authorized property owners.

(C)

Payment to the Tree Preservation Fund in Lieu of Replacement. If, in the city arborist's determination, no feasible alternative exists to plant the required mitigation, or there are other considerations for alternative mitigation, the applicant shall pay into the tree preservation fund an amount determined by the director based upon the ISA appraisal guidelines or other approved method. If the director approves another method of appraisal guidelines the director shall publish notice of that approval and notify the permit applicant at the time the permit application is issued.

Removal or modification shall not be approved unless the reviewing entity or official finds one of the following:

(A)

The tree(s), due to its location in respect to topography and required setbacks and easements, prevents reasonable development of permitted uses. Existing development on similar sites in the same zone and having similar characteristics shall be considered when determining reasonable development of permitted uses.

(B)

The condition of the tree(s), with respect to general health; disease; maturity; structural integrity; proximity to existing structures; parking; high pedestrian traffic areas; activity areas or interference with utility services, cannot be controlled or remedied through reasonable preservation procedures and practices.

(C)

Good forestry practice suggests a reduction in the number of trees due to incapacity of the property to sustain the present number in healthy condition.