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:
"Certified arborist"
means an arborist certified by the International Society of Arboriculture.
"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.
"Maintain" or "maintenance"
means the entire care of trees including ground preparation, fertilizing, mulching, trimming and watering.
"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.
a. 
Service life;
b. 
Damage to utilities and/or sewer lines;
c. 
Damage to hardscape;
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.
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)