A City's urban forest is an integral part of its character as
well as its infrastructure. Properly planned, managed, and maintained,
the urban forest provides significant ecological, health, and economic
benefits. The purpose of this chapter is to promote and protect the
public health, safety, and general welfare by providing for the regulation
of the planting, management, maintenance, preservation, and, where
necessary, removal of public trees and heritage trees. This chapter
is intended to supplement the City's Policies and Administrative Procedures
as outlined in the City's Urban Forestry Management Program.
(Ord. 2017-02)
The City Manager, or designee, shall have the authority and
jurisdiction to regulate the management, maintenance, planting, care,
and removal of certain trees within the public right-of-way or on
public property to ensure safety, protect the environment, or to preserve
or enhance the aesthetics of such public sites.
(Ord. 2017-02)
"Administrative Manual"
means the Manual of Procedures as revised by the City Arborist
that provides technical guidance to City staff and others regarding
the planting, removal, maintenance, care, and protection of trees
in the City of Encinitas.
"Approved Tree Species Master List"
means a listing of trees as approved by the City Council
that are deemed appropriate for planting on a Citywide basis, or in
limited areas as determined by the City Arborist. This listing shall
consider, as appropriate, ultimate tree canopy and root growth; compatibility
with nearby buildings, sidewalks, and streets; shade canopy provided;
and fire resistance. It shall also include a listing of invasive or
otherwise undesirable trees that the City has determined shall not
be planted within the City of Encinitas by public or private parties
as part of a development plan. The approved tree species master list
shall be maintained by the City Arborist and included as part of the
Administrative Manual and shall be made available to the public.
"Certified arborist"
is a professional arborist who has been certified by the
International Society of Arboriculture.
"City"
shall mean the City of Encinitas.
"City Arborist"
means that person appointed by the City Manager who shall
serve as the City's resource and shall advise the City Manager and
all departments on urban forestry matters.
"City tree"
means a tree within the City's public rights-of-way, parks,
or other public places and is maintained by the City.
"Dripline area"
means the area from the trunk of a tree to the outermost
edge of the tree canopy.
"Emergency removal"
means that a tree must be immediately removed due to an imminent
threat to persons or property due to disease, lack of structural integrity
or stability. The tree may be removed as provided in the City's Administrative
Manual.
"Excessive pruning"
means removing more branches, stems, and roots than necessary
to accomplish the desired objective. Typically no more than 25% of
a tree's total number of major branches or canopy volume should be
removed in a single year. Pruning in excess of 25% can injure a tree
and is prohibited unless approved by the City Arborist.
"Hazard" or "hazardous"
means a tree, or part of a tree, that has been assessed for
risk and found to be very likely to fail and cause severe consequences
by causing injury, damage, or disruption.
"Heritage grove"
means a group of trees that collectively meet one or more
of the heritage tree criteria.
"Heritage tree"
means a tree of community significance located in the City
on public or private property designated by the City in accordance
with the following criteria: that is one of the oldest and largest
of its species; is of unique form or species; has historic significance
due to an association with an historic building, site, street, person
or event; or is a defining landmark or significant outstanding feature
of a neighborhood. If a group of trees within a neighborhood collectively
meet one or more of the heritage tree criteria, then that group may
be designated a "heritage grove" and each tree that is identified
individually as a significant part of that heritage grove shall be
considered a heritage tree. The designation of a heritage tree and/or
heritage grove on private property requires the written consent of
the private property owner in a form deemed sufficient by the City
Attorney.
"Injury"
means any damage to a tree resulting from any activity, including,
but not limited to, excessive pruning, cutting, topping, trenching,
excavating, altering the grade, paving or compaction within the tree
protection zone, including deliberate damage such as vandalism.
"Maintain" or "maintenance"
means pruning, spraying, fertilizing, watering, treating
for disease or injury or other similar acts which promote the growth,
health, beauty, and the life of trees.
"Park"
means and includes any park owned, operated and/or maintained
by the City of Encinitas.
"Parkway"
means the strip of ground in the City right-of-way between
the sidewalk and street, and may also refer to a landscaped area between
the streetmost edge of a private property and the start of the City
street pavement.
"Pruning"
means the selective removal of plant parts to meet specific
goals and objectives.
"Public nuisance"
means an individual tree or shrub on public or private property
that in the opinion of the City Arborist is likely to destroy, impair
or otherwise interfere with any street improvements, sidewalks, curbs,
gutters, sewers, or other public improvements, including above and
below ground utilities or constitutes an unacceptable risk to the
public or nearby public or private property.
"Public places"
means and includes all grounds, other than streets or parks,
owned by, leased to, or otherwise under the control of the City of
Encinitas.
"Risk"
is the combination of the likelihood of an event and the
severity of the potential consequences.
"Shrub"
means and includes any woody perennial plant commonly achieving
a height of less than 10 feet in height at maturity and usually having
multiple stems.
"Street tree"
means and includes any woody perennial plant typically having
a single trunk commonly achieving 10 feet in height or greater at
maturity and capable of being pruned to develop a branch-free trunk
at least nine feet in height and that is located within City rights-of-way.
"Topping"
means the reduction of tree size using internodal cuts without
regard to tree health or structural integrity. Topping is not an acceptable
pruning practice.
"Tree plan"
means a plan adopted by the City Council for a City street,
park or other public area which establishes the species, spacing and
maintenance of trees to be planted along a particular street or in
a geographic area, as designated by that plan.
"Tree protection and preservation plan"
means a plan that outlines measures to protect and preserve
trees on a project. This plan shall include requirements for preconstruction;
treatments during demolition and/or construction; establishment of
a tree protection zone; tree monitoring and inspection schedule.
"Tree protection zone"
means the dripline area around a tree within the tree canopy
or as determined by the City Arborist where no soil disturbance or
other activity is permitted unless otherwise approved by the City
Arborist.
"Urban forest"
means the trees and shrubs that comprise the tree canopy
in the City's rights-of-way, streets, parks, and under the circumstances
specified in this ordinance, private property.
"Urban Forest Management Program"
means the ordinances, policies and procedures as approved
by the City that provide direction and goals regarding the planting,
maintenance, care, and protection of trees.
(Ord. 2017-02; Ord. 2022-21)
The City Manager shall designate a City Arborist, who shall
serve as the City's expert and shall advise the City Manager and all
departments on urban forestry matters. In addition to the authority
granted in this ordinance, the City Arborist shall have the authority
to bring disagreements or conflicts related to the City's tree responsibilities
to the City Manager, who shall direct the issue to the relevant City
Commission, Committee, and/or the City Council for resolution as he
or she deems appropriate. The City Arborist shall have the authority
to formulate and publish a master tree list and tree plan subject
to City Council approval. The City Manager may fill the City Arborist
position through assignment to existing staff, new recruitment, or
contract, consistent with approved budget and personnel guidelines.
The City Arborist shall also serve as staff liaison to the Urban Forest
Advisory Commission. The City Arborist shall serve at the pleasure
of the City Manager or designee exclusively.
(Ord. 2017-02)
The City Council, or a subcommittee designated by the Council,
in consultation with the City Arborist, shall establish an Urban Forest
Advisory Committee (UFAC) consisting of no less than five members
and composed predominantly of community members with relevant expertise.
The City Arborist shall serve as the City Staff liaison to the UFAC.
Terms, meeting times, and other responsibilities shall be as determined
by the City Manager or designee. Committee meetings shall be open
to the public. The UFAC shall review and provide comments on City
plans and policies related to urban forestry, including updates to
the various aspects of the City's Urban Forest Management Program
and Administrative Manual, and, shall among other things:
A. Review
and provide comments on tree plans prior to consideration by the City
Council.
B. Review
and provide comments on the Approved Tree Species Master List prior
to consideration by the City Council.
C. Review
and provide comments to the City Arborist on proposed City tree removals
except in the case of emergency removals.
D. Advise
City staff regarding programs of public outreach and education in
order to promote public understanding of the City's urban forest,
including programs to celebrate and promote Arbor Day.
E. Review
and consider heritage tree applications in consultation with the City
Arborist, and shall make recommendations to the Planning Commission.
F. Review
and provide comments to the City Arborist on proposed changes to the
City's Urban Forest Management Program.
(Ord. 2017-02)
All trees to be planted in City rights-of-way, parks, or other
public spaces shall conform to approved tree palettes identified in
adopted City and Community Master Plans, General Plans, specific plans,
and tree plans, and as reflected in the Approved Tree Species Master
List contained in the Urban Forest Management Program. Exceptions
may be granted subject to recommendation by the UFAC and the review
and approval of the City Arborist. The initial Approved Tree Species
Master List shall be reviewed and approved by the City Council. Minor
revisions may be made by the City Arborist following review by the
UFAC.
(Ord. 2017-02)
All City trees shall be maintained in accordance with the City's
Urban Forest Management Program, which will be reviewed periodically
by the UFAC. The City shall consider the long-term sustainability
of the tree canopy in various areas of the City and proactively maintain
and/or remove trees in a manner that promotes the long term sustainability
and enhancement of the City's urban forest. The City will use best
practices to protect existing trees from the impacts of development
and maintenance projects.
(Ord. 2017-02)
Pruning of City trees and heritage trees must conform to the
pruning practices specified in the Administrative Manual. Pruning
of heritage trees other than minor maintenance pruning must be approved
by the City Arborist.
Any spraying or application of pesticides will be in accordance
with the City's Integrated Pest Management Program.
Tree topping of any City tree or heritage tree shall be prohibited,
unless authorized by the City Manager in writing after consultation
with the City Arborist.
All woody and leaf materials resulting from the pruning operation
must be properly recycled.
(Ord. 2017-02)
Unless authorized by the City Arborist, no person shall remove any City tree or heritage tree. In addition to the requirements in this section, removals of a heritage tree require a public hearing before the Planning Commission. If a complete heritage tree application has been received by the Planning Commission but not yet acted upon, no removal shall take place until the application for heritage tree status has been considered by the Commission. Except in cases of emergency as determined by the City Manager or designee, a public notification shall be required prior to the planned removal of any City tree or heritage tree with a diameter greater than six inches measured at 54 inches above finish grade (DSH). Such notification shall at a minimum consist of placing two signs no less than 12 inches wide by 18 inches high and visible from at least two directions in the immediate vicinity of each City tree or heritage tree to be removed no less than 14 calendar days prior to the scheduled removal. The notification shall include the reason for the proposed removal and shall include a link to further information on a City website, including how to appeal the proposed action. Unless preserved as required by Section
15.02.100, any City tree or heritage tree removed shall have its stump removed to a depth at least 16 inches below the adjacent ground level, or as determined by the City Arborist. If appropriate as determined by the City Arborist, a minimum of one replacement tree of a type, size, and location shall be planted.
(Ord. 2017-02)
Individuals, groups, City appointees or elected officials requesting
to preserve a stump or trunk for artistic purposes must make a request
to the City Arborist. The City Arborist will evaluate the stump or
trunk for suitability to ensure that it is structurally sound, free
of rot, disease or insect infestation and will not adversely impact
City or private infrastructure, persons or property. If the City Arborist
finds that a stump or trunk is a suitable candidate, the City Arborist
will forward the application to the City Commission on the Arts. If
an application has been received by the City Arborist, the decision
on removal or other disposition shall be delayed pending a decision
of the Commission on the Arts to either reject the application or
forward it to the City Council for final determination.
(Ord. 2017-02)
Every effort should be made to protect trees during construction.
If construction activity or the movement of equipment is to take place
within the dripline area of any City tree or heritage tree, a fenced
tree protection zone shall be established by the City Arborist, except
that the fenced area shall not include private property. No person
shall store any equipment, store any solid or liquid waste materials,
or any other liquids which may be injurious to a tree, nor excavate
any ditches, tunnels, trenches or drive within the tree protection
zone. Should a construction project on private property involve digging,
excavating or trenching within the tree protection zone, a Tree Protection
and Preservation Plan must be prepared by the property owner and approved
by the City Arborist.
Nothing in this chapter prevents a private property owner from
the ability to develop his or her property.
(Ord. 2017-02)
Unless performed pursuant to a City maintenance plan, or as
part of an approved development, any work performed in the City's
rights-of-way, parks, or other public areas shall require the written
approval of the City Arborist before committing any of the following
acts:
A. Removing,
cutting, pruning, breaking, injuring, defacing, or in any other way
interfering with any tree, or any part thereof, either above or below
the ground.
B. Planting
any tree or shrub not identified on the Approved Tree Species Master
Tree or Council-adopted tree plan (if applicable).
C. Spraying
(or otherwise applying) any chemical on any tree or shrub.
D. Securing
any rope, wire, sign, or other device on or about such tree or shrub.
E. Removing
or injuring any guard or device intended to assist in the growth and
health of a tree or shrub.
F. Closing
or obstructing the base or branch of a tree or shrub that may limit
the ability of the tree or shrub to grow or absorb water or nutrients.
Nothing in this chapter shall preclude a property owner from
maintaining the parkway in front of his or her property as may be
required by law.
(Ord. 2017-02)
Any tree, shrub, or part thereof in the City that interferes
with the use of any public street, park, or public place, or is unsafe
and constitutes a risk to the life, health, safety, or property of
the public, or constitutes a center of infection for disease or insects
that may endanger the health and life of other trees or shrubs shall
be declared a public nuisance by the City Arborist and the owner there-of
shall be required to correct or remove it. The property shall be posted
with a minimum of two signs no less than 12 inches wide by 18 inches
high and visible from at least two directions in the immediate vicinity
of the nuisance, giving notice of the required abatement, and the
owner shall be notified in writing via certified mail by the City
Arborist or designee of the existence of such public nuisance and
be given 30 days for its correction or removal. If not corrected or
removed within the time allowed, the City Arborist shall cause said
nuisance to be corrected or removed at once and initiate action necessary
to defray all cost resulting therefrom.
Any tree or shrub on a City parkway not planted with an approved
City of Encinitas encroachment permit, nor conforming to the Approved
Tree Species Master List (at the time of the planting) may be considered
to be a nuisance, and may be required to be pruned or removed at the
expense of the individual or entity that caused said planting.
(Ord. 2017-02)
Violations of this chapter shall be punishable as provided by Chapter
1.08 of the Encinitas Municipal Code. Each day of violation constitutes a separate offense. Nothing in this section shall limit the City's ability to seek restitution for damage to City trees or shrubs or heritage trees in accordance with valuation methodologies as outlined in the City's Urban Forest Administrative Manual and additional penalties as established by law in the State of California.
(Ord. 2017-02)
If any one portion or section of this chapter shall be determined
to be invalid, the remaining portions or sections shall remain in
full force and effect.
(Ord. 2017-02)