The public interest and welfare require that the city establish,
adopt and maintain a comprehensive program for installing, maintaining
and preserving trees within the city.
This chapter establishes policies, regulations and specifications
necessary to govern installation, maintenance and preservation of
trees to beautify the city, to purify the air, to provide shade and
wind protection, and to preserve trees with historic or unusual value.
It is the policy of the city to line its streets with trees
and to conduct a consistent and adequate program for maintaining and
preserving these trees. It is the goal of this policy to provide for
planting trees in all areas of the city and for selecting appropriate
species to achieve as much beauty and economy as possible. It is also
the policy of the city to protect and preserve all desirable trees
that are located on the city's right-of-way.
It is the policy of the city to encourage new tree planting
on public and private property and to cultivate a flourishing urban
forest.
(Ord. NS-545 § 2, 2000)
For purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless it is obvious from the context that another meaning is intended:
"Community forest management plan"
means a document that contains goals and policies that will
guide the city in its actions and decisions affecting trees within
the city limits.
"Hazardous tree"
means any tree or tree condition which represents a danger
to persons, property or other healthy trees.
"Heritage tree"
means any tree existing within the city limits which has
been so designated by resolution by the City Council. Heritage trees
shall be trees with notable historic interest or trees of an unusual
species or size.
"Plant"
means an herb that lacks a permanent woody stem.
"Shrub"
means a low woody plant having several stems and a trunk
less than three inches in diameter at a height less than four and
half feet above the ground.
"Tree"
means any perennial woody plant having a trunk at least three
inches in diameter at a height four and one-half feet above the ground.
This definition shall include any tree planted by or required to be
planted by the city which will attain the stated size and maturity.
"Tree service life"
means the number of years that the tree provides the most
benefits with the least amount of costs.
"Valid tree site"
means a tree site in that area of the public right-of-way
where a tree can be planted. The requirement shall be one tree per
residence or 40 feet between trees for a large tree site, 30 feet
for a medium tree site and 20 feet for a small tree site. All tree
sites beneath a high voltage electrical line shall be considered a
small tree site. Tree sites shall be planted with a large, medium
or small tree listed and approved by the city.
(Ord. NS-545 § 2, 2000)
The City Manager, acting through the Parks and Recreation Director
or designee, shall exercise exclusive jurisdiction and control over
the planting, maintenance, removal and replacement of trees, shrubs
or plants in all streets, sidewalks, medians or other public rights-of-way
of the city, and shall have such power, authority, jurisdiction and
duties as are prescribed in this chapter.
(Ord. NS-545 § 2, 2000; Ord. NS-747 § 1, 2005; Ord. CS-072 § 2, 2009; Ord. CS-164 § 8, 2011)
The City Manager, acting through the Parks and Recreation Director
or designee, shall develop and maintain a master tree list, which
shall be adopted by resolution of the City Council and shall be on
file in the office of the City Clerk. These documents shall specify
the species of trees suitable and desirable for planting in certain
areas in order to establish a wide ranging urban forest.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
The City Manager, acting through the Parks and Recreation Director
or designee, shall develop and implement policies and standards for
street tree planting and maintenance required of all tree planting
and maintenance throughout the city.
(Ord. NS-545 § 2, 2000; Ord. NS-747 § 2, 2005; Ord. CS-072 § 2, 2009)
No tree, shrub or plant shall be planted in any street, sidewalk,
median or other public right-of-way of the city until the City Manager,
acting through the Parks and Recreation Director or designee, first
approves the kind and variety, designates the location therefor and
grants the permit for planting.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
It shall be the obligation of the City Manager, acting through
the Parks and Recreation Director or designee, to assign appropriate
scheduled tree, shrub or plant maintenance, including, but not limited
to, pruning, fertilization, irrigation and pest control based on age,
species, size and location to assure the proper maintenance of all
street trees, shrubs or plants.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
A. No
person shall remove, trim, prune or cut any street tree, shrub or
plant now or hereafter growing in any street, sidewalk, median or
other public right-of-way of the city.
B. No
person shall remove, injure or misuse any guard or device placed to
protect any tree, shrub or plant now or hereafter growing in any street,
sidewalk, median or other public right-of-way of the city.
C. No
person shall hitch or fasten any kind of animal to any tree, shrub
or plant now or hereafter growing in any street, sidewalk, median
or other public right-of-way of the city; nor shall any person place
a post for hitching of animals within five feet of any tree, shrub
or plant now or hereafter growing in any street, sidewalk, median
or other public right-of-way of the city.
D. No
person shall trim, cut, prune, injure or remove by any means any tree,
shrub or plant growing in any street, sidewalk, median or other public
right-of-way of the city.
E. No
person shall:
1. Construct
a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up
the ground area near any tree, shrub or plant growing in any street,
sidewalk, median or other public right-of-way of the city, to shut
off air, light or water from the roots, except under written authority
from the City Manager, acting through the Parks and Recreation Director
or designee;
2. Place
building material, equipment or other substances likely to cause injury
to a tree near any tree, shrub or plant growing in any street, sidewalk,
median or other public right-of-way of the city, which might cause
injury to the tree;
3. Post any sign on any tree that is not scheduled for removal as described in Section
11.12.090 of this chapter, tree-stake or guard, or fasten any electric wire, insulator or any other device for holding electric, telephone, television or conductor wires to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right-of-way of the city.
F. No
person shall interfere, or cause any other person to interfere, with
employees of the city, or contractors employed by the city, who are
engaged in planting, maintaining, treating, removing or replacing
any street tree, shrub or plant or removing or replacing any material
which is likely to cause injury to the tree, shrub or plant.
G. No
person shall plant any street tree, shrub or plant except according
to policies, regulations and specifications established pursuant to
this chapter or any currently applicable ordinances or code sections.
(Ord. NS-545 § 2, 2000; NS-747 §§ 3, 4, 2005; Ord. CS-072 § 2, 2009)
A. Policy.
The city values trees as an important part of the environment and
shall strive to preserve them whenever possible and feasible. When
reviewing requests for a street tree removal permit, the city shall
discourage removing desirable trees, and shall consider approving
removal of desirable trees only as a last resort alternative for the
applicant.
B. Permits
for Removal or Maintenance. Except as otherwise provided in this chapter,
pruning, cutting, trimming or removing any street tree in the city
shall require a permit issued by the City Manager, acting through
the Parks and Recreation Director or designee.
C. Review
of the application to remove a tree shall proceed as follows:
1. A
city arborist shall inspect the property and recommend approving or
denying the application in a written report submitted to the City
Manager, acting through the Parks and Recreation Director or designee.
2. The
city arborist may authorize a tree's removal after finding either
of the following circumstances:
a. The tree is a hazard to life or property, and removing it is the
only feasible way to eliminate the hazard;
b. The tree is dead, dying, diseased or damaged beyond reclamation.
3. If
the city arborist does not find either of the above circumstances
for removing a tree, a priority rating depending on the following
factors can be considered for a tree removal.
b. Damage to utilities and/or sewer lines;
d. Conformity of the existing tree to recommended species list.
The highest priority removal shall be given to trees meeting
all four factors. The second priority will be given to trees meeting
three factors, etc.
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4. If
the city arborist has recommended denying the application, the applicant
may request the Parks and Recreation Commission to review the arborist's
decision.
5. If
the Parks and Recreation Commission concurs with the city arborist's
recommendation to deny the application, the applicant may request
the City Council to review the matter for final action.
D. All
tree removal, whether by city or applicant, shall include the removal
of the stump and the removal of all stump grinding chips and the backfilling
of the hole created by stump removal with a good quality top soil
suitable for the replanting of a replacement tree.
E. Notification
of Tree Removal.
1. The
city shall post a letter of notification and a non-removable marking
upon the subject tree a minimum of 30 days prior to its removal. The
letter will be posted in a prominent location, visible from a public
street and will include, but not be limited to the following information:
a. The location of the tree;
b. The reason for the tree's removal;
c. The date of the scheduled removal;
d. The species of tree to be replanted;
e. The size of the tree to be replanted;
f. The date by which an appeal must be made to the Parks and Recreation
Commission;
g. A description of the appeal process.
2. The
letter of notification shall also be given to the owner of the property
where the tree is scheduled be removed, and to the adjacent property
owners, as well as to the property owners directly opposite and to
the owners of the properties adjacent to the opposite property.
3. The
City Manager, acting through the Parks and Recreation Director or
designee, may waive notification requirements for a tree removal in
either of the following circumstances:
a. When the City Manager, acting through the Parks and Recreation Director
or designee determines that a tree's condition threatens public health,
safety or welfare;
b. When local, state or federal authorities have declared a state of
emergency and a tree's condition threatens public health, safety or
welfare.
F. No
heritage tree shall be removed except if it is determined by a city
arborist that such a tree is creating a hazard to life or property,
or by formal appeals process.
(Ord. NS-545 § 2, 2000; NS-747 § 5, 2005; Ord.
CS-072 §§ 2, 4, 2009)
A. It
shall be the goal of the city to replace all removed street trees
within 45 days of their removal if the tree site meets the minimum
specifications for a valid tree site.
B. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the city, or the conditions existing at the valid site. No tree shall be planted into the public right-of-way that does not comply with the uniform street planting map as described in Section
11.12.120 of this chapter.
C. Trees
that are touching or nearly touching high-voltage utility lines shall
be replaced with a recommended species.
D. All
tree replanting shall be with a minimum 15-gallon container tree,
except when a person agrees to pay the difference in cost of a larger
replacement tree size and any additional costs associated with the
planting of a larger tree.
E. A person
may request replacement of a street tree species specified in the
uniform street planting map with another species only when there is
a medical allergy certified by a medical doctor. The replacement tree
will be approved by the city arborist and the City Manager, acting
through the Parks and Recreation Director or designee. All trees removed
for this reason must be replaced with a tree listed as an approved
species by the city.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
The owner or his/her agent of every lot or parcel of land in
the city upon which any trees, shrubs or plants are now or may be
hereafter standing shall trim, or cause to be trimmed, the branches
thereof so that the same shall not obstruct the adequate passage of
light from any street light located in any street, sidewalk, median
or other public right-of-way of the city and such owner or his/her
agent shall trim all branches of any trees, shrubs or plants which
overhang any street, sidewalk, median or other public right-of-way
of the city so that there shall be a clear height of eight feet above
the surface of the street, sidewalk, median or other public right-of-way
of the city unobstructed by branches; and such owner or his/her agent
shall remove from such trees, shrubs or plants all dead, decayed or
broken limbs or branches that overhang such street, sidewalk, median
or other public right-of-way of the city, and when any such trees,
shrubs or plants are dead, such owner or his/her agent shall remove
the same so that they shall not fall in the street, sidewalk, median
or other public right-of-way of the city.
(Ord. NS-545 § 2, 2000)
Upon the recommendation of the Parks and Recreation Commission,
the City Council shall adopt a uniform street tree planting map that
will depict a uniform method of tree plantings on city streets. The
City Manager, acting through the Parks and Recreation Director or
designee, shall have copies of this map made and the same shall be
kept on file in the office of the City Clerk and may be obtained by
the public.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
A. Upon
the recommendation of the Parks and Recreation Commission, the City
Council shall adopt a community forest management plan that provides
direction to develop goals and policies that will guide the city to
manage tree-related issues in a proactive manner. The plan will address
trees on public property and will discuss planting, removal, replacement,
maintenance and the preservation of trees growing on any public property
or in any street, sidewalk, median or other public right-of-way of
the city.
B. When
the management plan in its original or modified form is adopted by
the City Council, it shall become the tree planting plan for public
streets of the city and shall be strictly adhered to in all future
street planting improvement projects and in the removal, replacement
and maintenance of trees, shrubs or plants in public streets in the
city. The management plan for the entire city does not need to be
adopted by the City Council at one time. Instead, council may adopt
the community forest management plan for different portions of the
city within a reasonable length of time after the completed plan for
any particular portion of the city has been submitted to the City
Council for adoption.
C. The
City Manager, acting through the Parks and Recreation Director or
designee, shall have copies of this plan made and the same shall be
kept on file in the office of the City Clerk and may be obtained by
the public.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 2, 2009)
The City Council recognizes the important role trees have played
in the history and development of Carlsbad and recognizes that a wide
variety of trees can grow in its unique and temperate climate. The
city may officially designate as heritage trees those trees in the
community which have significant historical or arboricultural interest.
It is the policy of the City Council that all designated heritage
trees that are on public streets shall be protected.
(Ord. NS-545 § 2, 2000)
A. Any
person may request a formal appeal to the Parks and Recreation Commission
within 30 calendar days of the posting of a city tree for:
1. The
location or species of any street tree selected by the city for planting
at a specific location; and/or
2. The
city aborist's recommendation for the removal of any nonhazardous
street tree.
B. Any
person may request a formal appeal to the Parks and Recreation Commission
for:
1. The
removal of a street tree which is not dead, dying or diseased; and/or
2. The
removal of a street tree that is listed as a heritage tree; and/or
3. The
removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities.
C. If
the Parks and Recreation Commission denies an applicant's appeal,
the applicant may request a final appeal to the City Council within
10 calendar days of the Commission's decision.
D. Fees
for an appeal shall be determined by resolution of the City Council.
E. Appeals
will be made by submitting a tree appeal form available from the office
of the City Clerk.
(Ord. NS-545 § 2, 2000; Ord. CS-072 § 3, 2009)
A. A violation of this chapter may be prosecuted either as a misdemeanor or an infraction pursuant to the provisions of Chapter 1.08, Section
1.08.010 of this code. The City Attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to this chapter if such reduction is warranted in the interest of justice.
B. In
addition to any criminal penalty, the city may, pursuant to Government
Code Section 36901, impose a civil penalty for any violation of this
chapter in an amount not to exceed $1,000.00.
C. In
addition to any other remedy provided by this code, any provision
of this code may be enforced by civil action and an injunction; any
violation of this code may result in civil penalties, monetary damages,
attorney's fees, and investigatory costs.
(Ord. NS-545 § 2, 2000; Ord. NS-762 § 1, 2005; Ord. CS-072 § 5, 2009)