[1]
For statutory provisions on the planting of trees along public streets, see Streets and Highways Code § 22000 et seq.; for provisions authorizing cities to declare and abate nuisances, see Government Code § 38771 et seq.
The City Council finds that it is necessary to maintain the existing urban forest in order to preserve windbreak protection, abate soil erosion, and enhance the natural beauty of the City, and adopts this chapter in the interest of public health and safety.
(Ord. 214 C.S. § 1, 1970; Ord. 79-5 § 1, 1979; Code 1975 § 1230)
It is not the policy of the City to approve requests for tree trimming or tree removal in order to improve the view of any person, including the applicant. It is the policy of the City, where tree removal is accomplished at the request of a property owner or occupant, to require the planting of another tree in a suitable location, whenever good forestry practice so dictates.
(Ord. 214 C.S. § 1, 1970; Ord. 79-5 § 1, 1979; Code 1975 § 1230.01)
For the purpose of this chapter, the following definitions shall apply:
A. 
"Shrub"
means a bushy, woody plant, usually with several permanent stems, and usually not over 10 to 15 feet high at maturity.
B. 
"Tree"
means a woody perennial plant, usually with one main stem or trunk, and many-branched. It may appear to have several stems or trunks, as in certain varieties of oak. It is usually over 10 feet high at maturity.
(Ord. 214 C.S. § 1, 1970; Ord. 79-5 § 1, 1979; Code 1975 § 1230.1)
In any case, the Director of Forest, Parks and Beach shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. Such determination shall be final and not subject to appeal.
(Ord. 214 C.S. § 1, 1970; Ord. 79-5 § 1, 1979; Code 1975 § 1230.2)
The City is exempt from the provisions of Chapter 12 (commencing with Public Resources Code Section 25980), Division 15 of the Public Resources Code which chapter is known as the "Solar Shade Control Act."
(Ord. 79-5 § 1, 1979; Code 1975 § 1230.3)
A. 
Any person desiring to remove or prune any portion of a tree or shrub, except genista, growing in or upon any public street, way, park, or place within the City, or any person desiring to cut any wood, foliage, or roots from any tree on private property when more than one-half of the basal cross-sectional area of such tree is on City property, shall apply therefor to the Director of Forest, Parks and Beach on forms provided by her/him. There shall be a fee for this permit process as established from time to time by resolution of the City Council. If, in the opinion of the Director of Forest, Parks and Beach, the tree or trees should be removed because of disease, infestation, or clear and present danger to persons or property, she/he shall cause the tree or trees to be removed. In all other cases, the Director of Forest, Parks and Beach shall:
1. 
Place the application on an agenda of the Forest and Beach Commission, which shall act as provided for in Chapter 2.32 CMC; and
2. 
Notify the applicant of the time and date of the meeting at which the application shall be considered; and
3. 
Give notice of the action of the Forest and Beach Commission to the applicant.
B. 
Any permit granted under this chapter is nontransferable and shall expire one year from date of issuance. The Director of Forest, Parks and Beach or Forest and Beach Commission may condition a permit on replacement trees being planted at a place, of a species and of a size designated by the Director of Forest, Parks and Beach or Forest and Beach Commission. The person requesting the permit will be required to pay the cost of obtaining and planting the replacement trees.
C. 
In exceptional circumstances in which it would cause substantial loss or inconvenience to delay removal until the Forest and Beach Commission's next meeting, the Director of Forest, Parks and Beach may approve removal providing such approval unquestionably conforms to the policy and the practice of the Forest and Beach Commission. The Director of Forest, Parks and Beach will report her/his action at the next meeting of the Forest and Beach Commission.
(Ord. 214 C.S. § 1, 1970; Ord. 257 C.S. § 1, 1972; Ord. 81-4 § 1, 1981; Ord. 75-10 § 1, 1975; Ord. 95-3 § 1, 1995; Ord. 2013-05 (Exh. A § A), 2013; Code 1975 § 1231)
Any appeal from a decision of the Forest and Beach Commission shall be taken by filing a notice of appeal in writing in the office of the City Clerk prior to the close of the fifth day of business following the day of action by the commission. A fee, in an amount as established from time to time by resolution of the City Council, shall be charged for filing the appeal. Any notice of appeal shall set forth the specific ground or grounds upon which the appeal is taken. The signature of at least one signer of the appeal shall be verified before a person authorized under the laws of the State of California to administer oaths.
(Ord. 214 C.S. § 1, 1970; Ord. 95-3 § 1, 1995; Code 1975 § 1231.01)
Upon the filing of such appeal, the City Clerk shall place the appeal upon the agenda of the next regular meeting of the City Council, unless the Mayor authorizes placing the matter on the agenda of an earlier meeting.
(Ord. 214 C.S. § 1, 1970; Code 1975 § 1231.02)
At the time set for hearing the appeal, the City Council shall proceed to hear and determine the same. The hearing may be continued, at the discretion of the Council, in order to obtain further facts or hear further witnesses. After initial hearing, the City Council may set a public hearing prior to making a determination. Any determination of the City Council shall be final and conclusive and not subject to further appeal.
(Ord. 214 C.S. § 1, 1970; Code 1975 § 1231.03)
In the event a permit for tree removal is granted, in order to enable the applicant to carry out some project of development or improvement of her/his property, such permit shall be effective only in connection with the actual accomplishment of the project.
(Ord. 214 C.S. § 1, 1970; Code 1975 § 1231.1)
A. 
The City Council may adopt by resolution standards for the pruning of trees on private property, with which all licensed tree companies doing business in the City of Carmel-by-the-Sea shall comply.
B. 
Failure to comply to these standards as determined by the City Council may result in the suspension of the tree company's business license as follows: First offense, suspension of the business license for a period not exceeding 90 days, and for a second offense or any subsequent offenses, by suspension of the business license for a period not exceeding one year.
(Ord. 93-30 § 1, 1993)
The provisions of this chapter shall not apply to the cutting or trimming of trees or shrubs:
A. 
When necessary for the construction of streets or buildings on public property;
B. 
When determined by the Chief of Police to be necessary for traffic safety;
C. 
When ordered by the City Council.
(Ord. 214 C.S. § 1, 1970; Code 1975 § 1231.4)
The Director of Forest, Parks and Beach shall:
A. 
Supervise all tree-cutting or trimming for which a permit has been granted.
B. 
Cause to be removed all dead trees or shrubs from public property except in circumstances where all of the following conditions apply:
1. 
The dead tree is a Monterey cypress located on or adjacent to the beach;
2. 
The dead tree does not present a clear and present danger to persons or property or can be supported by reasonable means, thus mitigating its clear and present danger; and
3. 
The Forest and Beach Commission has determined that the dead tree is of substantial aesthetic value to warrant its preservation.
C. 
Cause to be removed or trimmed any trees or shrubs for which such removal or trimming is ordered by the Forest and Beach Commission or the City Council or is required in connection with any public works project ordered by the City Council.
(Ord. 214 C.S. § 1, 1970; Ord. 94-7 § 1, 1994; Code 1975 § 1231.5)
When more than one-half of the basal cross-sectional area of a tree is on private property and the remainder on City property, the City shall not cut or trim wood, foliage, or roots except when:
A. 
In the opinion of the Director of Forest, Parks and Beach such cutting would not threaten the survival of the tree nor endanger public health and safety, nor endanger the health and safety of the property owner; and
B. 
Permission has been granted by the property owner concerned.
(Ord. 214 C.S. § 1, 1970; Ord. 81-4 § 4, 1981; Code 1975 § 1231.6)
Without a permit therefor, it shall be unlawful to cut down, or otherwise destroy, or authorize the cutting down or destruction of any living tree of an average diameter of greater than two inches, or a circumference greater than six and one-fourth inches, measured at a point four and one-half feet above the ground level, or remove or authorize the removal of roots greater than two inches in diameter or limbs greater than four inches in diameter which are growing on private property under the following conditions:
A. 
When the tree is situated on a vacant lot;
B. 
When the tree is situated on any lot on which any existing building is to be remodeled to increase ground coverage, or to rebuild a demolished structure. If remodeling or rebuilding is undertaken within six months from the cutting down of a tree, while the property remains in the same ownership, it shall be presumed that the tree was removed for remodeling or rebuilding.
(Ord. 236 C.S. § 1, 1971; Ord. 246 C.S. § 1, 1971; Ord. 88-13 § 1, 1988; Ord. 89-18 § 2, 1989; Code 1975 § 1232)
A. 
Except upon issuance of a permit as provided for in this chapter, it is unlawful to cut down, remove or otherwise destroy, or to authorize the cutting down, removal or destruction, of any pine, redwood, oak or cypress tree located on private property having:
1. 
A diameter equal to or greater than six inches; or
2. 
A circumference greater than 19 inches.
B. 
Except upon issuance of a permit as provided for in this chapter, it is unlawful to cut down, remove or otherwise destroy, or to authorize the cutting down, removal or destruction, of any species of tree capable of growing to a minimum of 25 feet in height growing on private property and having:
1. 
A diameter equal to or greater than 10 inches; or
2. 
A circumference greater than 32 inches.
C. 
The determination of the diameter or circumference of a tree shall be made by the Director of Forest, Parks and Beach through a measurement taken at a point four and one-half feet above the natural grade at the base of such tree.
(Ord. 89-18 § 3, 1989; Ord. 92-4, 1992)
Applications for permission to cut or remove a tree or trees under this chapter shall be submitted to the Director of Forest, Parks and Beach on forms provided by her/him. There shall be a fee for this permit as established by resolution of the City Council. The application shall include a site map identifying all of the trees on the site, the tree(s) to be removed, and the replacement tree planting location(s). The Forest and Beach Commission may approve or deny the application and require as a condition on which a permit is granted that replacement trees be planted at a place, of a species and of a size designated by the commission on public or private property. The person requesting the permit will be required to pay the cost of obtaining and planting any replacement trees.
(Ord. 236 C.S. § 1, 1971; Ord. 75-10 § 3, 1975; Ord. 88-13 § 2, 1988; Ord. 81-4 § 5, 1981; Ord. 95-3 § 1, 1995; Ord. 2013-05 (Exh. A § B), 2013; Code 1975 § 1232.01)
A. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of CMC § 12.28.170, 12.28.172, 12.28.180 or 12.28.210. A violation of any of the provisions or failure to comply with any of the mandatory requirements of such sections shall constitute an infraction. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.
B. 
Cutting, removing, or trimming of trees on public property without a permit shall be a misdemeanor.
C. 
In addition to the penalties provided for herein, any violation of such sections may be addressed by civil action.
(Ord. 88-13 § 4, 1988; Ord. 95-3 § 1, 1995)
It shall be the responsibility of the Building Official to inform every applicant for a building permit of the restrictions of this chapter.
(Ord. 236 C.S. § 1, 1971; Ord. 83-25 § 1(G), 1983; Code 1975 § 1232.02)
Removal of trees, pruning or root removal without a permit shall be grounds for suspension of any permits granted for construction or demolition for a period of up to 90 days, said period of time to be determined by the Director of Forest, Parks and Beach. During the suspension period, the property owner or her/his designee shall make application to the Forest and Beach Commission to obtain the necessary permit. Upon the review of the application, the Forest and Beach Commission:
A. 
May require replacement trees to be planted upon completion of construction;
B. 
May require an amount of money equal to the value of the lost tree(s) to be deposited in a deposit account to be used for reforestation;
C. 
May, in the event a tree is damaged on a construction or demolition site so as it may die within one year, require a sum of money equal to the tree's value to be deposited with the City in a deposit account for a period of time not exceeding one year. If the tree dies during that period, the money shall be used by the City for reforestation.
The tree's value shall be determined by Director of Forest, Parks and Beach using criteria established by the International Society of Arboriculture.
(Ord. 236 C.S. § 1, 1971; Ord. 88-13 § 3, 1988; Ord. 91-18 § 1, 1991; Ord. 95-3 § 1, 1995; Code 1975 § 1232.04)
All trees planted in the public street or sidewalk area and all tree planting spaces required by this code shall be located and planted under the supervision of the Director of Forest, Parks and Beach, who shall supervise such planting and locating. In the performance of such work, consideration shall be given to the following factors; provided, that setbacks permit and considerations of safety do not interfere. These factors are determined to be of primary importance in maintaining the City forest:
A. 
Trees that must be removed shall be replaced by new planting, except in unusual circumstances.
B. 
Wherever feasible, trees shall be planted near old and dying ones in anticipation of their removal.
C. 
Unnatural regularity of spacing and arrangement shall be avoided; staggered or irregular locations or a simulated forest arrangement being preferred.
D. 
Species selected may vary, depending on location, however, the preference of native species is urged; the Monterey pine is to be perpetuated as the dominant forest tree within the City.
E. 
The coordinating of tree planting on public ways with landscaping on private property so as to achieve the above purposes is deemed desirable.
(Ord. 138 C.S. § 1, 1967; Ord. 81-4 § 9, 1981; Code 1975 § 1235)
Any tree, shrub or other plant growing on City property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the Director of Forest, Parks and Beach to be a clear and present danger to persons or property, shall be removed as directed by the Director of Forest, Parks and Beach.
(Ord. 302 C.S. § 2, 1973; Code 1975 § 1236)
Any trees, shrubs and other plants growing on private property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endanger the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the Director of Forest, Parks and Beach to be a clear and present danger to persons or property, may be declared, by resolution of the City Council, to be a public nuisance and thereafter abated as provided for in this chapter.
(Ord. 302 C.S. § 2, 1973; Code 1975 § 1236.01)
Immediately upon determination by the Director of Forest, Parks and Beach that any tree, shrub or other plant is a nuisance, s/he shall cause a copy of this chapter to be sent by certified mail to the last address of record of the property owner concerned, together with a notice setting forth the details of the nuisance and the requirement of its abatement, advising the owner of the property that the nuisance shall be abated by the owner within 30 days if the City is not to proceed with the further steps set forth in this chapter.
(Ord. 302 C.S. § 2, 1973; Code 1975 § 1236.02)
In the event the nuisance is not abated by the property owner or her/his agent within the specified time, the Director of Forest, Parks and Beach shall forward to the City Clerk a request for resolution by the City Council, indicating that adequate notice has been given the property owner concerned and that the nuisance still exists.
(Ord. 302 C.S. § 2, 1973; Code 1975 § 1236.03)
The City Clerk shall place on the agenda of the next regular meeting of the City Council a resolution declaring diseased trees, shrubs or other plants to be a nuisance and setting a hearing thereon. The Clerk shall cause a copy of the resolution to be mailed to the property owner at least 10 days prior to such hearing.
(Ord. 302 C.S. § 2, 1973; Code 1975 § 1236.04)
A. 
After the passage of such resolution, the Director of Forest, Parks and Beach shall cause to be conspicuously posted on the property upon which such public nuisance is alleged to exist not less than three notices headed "Notice to Abate Public Nuisance," such heading to be in letters not less than one inch in height and substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
Notice is hereby given that on the ____ day of _______, 19__, the City Council of the City of Carmel-by-the-Sea passed a resolution declaring that certain (trees, shrubs, or other plants) located upon (description of the property) are (infested with insects, infected with disease, or are a clear and present danger to persons or property), and that the same constitute a public nuisance which must be abated by the removal of the same, otherwise they will be removed and the nuisance abated by the City, in which case the cost of such removal shall be assessed upon the property from which such (trees, shrubs, or other plants) are removed, and such cost will constitute a lien upon such property until paid. Reference is hereby made to said resolution for further particulars.
Any person objecting to the proposed removal, as aforesaid, is hereby notified to attend the meeting of said City Council to be held in the Council Chambers at City Hall at (time) on the ____ day of ______, 19__, when such objection will be heard and given due consideration.
Dated this ___ day of ______, 19__.
Director of Forest, Parks and Beach
City of Carmel-by-the-Sea
B. 
The notices shall be posted at least five days prior to the time for hearing objections to the abatement of such public nuisance.
(Ord. 138 C.S. § 1, 1967; Ord. 81-14 § 10, 1981; Code 1975 § 1236.3)
At the time stated in such notices, the City Council shall hear and consider all objections, if any, to the proposed removal, and may continue the hearing from time to time. Upon the conclusion of such hearing, the City Council shall have acquired jurisdiction to proceed and perform the work or removal, and the decision of the City Council on the matter shall be final and conclusive.
(Ord. 138 C.S. § 1, 1967; Code 1975 § 1236.4)
After final action has been taken by the City Council, or in case no protests or objections have been received, the City Council shall by resolution order the Director of Forest, Parks and Beach to abate the nuisance by having any and all trees, shrubs, or other plants infected as aforesaid removed from the premises in question, and the Director of Forest, Parks and Beach, her/his deputies and assistants are expressly authorized to enter upon private property for such purpose. Any property owner shall have the right to have any such trees, shrubs, or other plants removed at the property owner's expense, providing the same is done prior to the arrival of the Director of Forest, Parks and Beach or her/his assistants to remove the same.
(Ord. 138 C.S. § 1, 1967; Ord. 81-4 § 11, 1981; Code 1975 § 1236.5)
The Director of Forest, Parks and Beach shall keep an account of the cost of abating such nuisance upon each lot, piece, or parcel of land, and shall submit an itemized statement thereof to the City Council at its next subsequent meeting thereafter, and shall forthwith mail a full and correct copy of such statement to the owner or owners of such premises, if known, to the owner(s)' last known place of residence. In the event that any such owner is unknown, the statement shall be posted on the bulletin board of City Hall for one week, giving notice when such statement will be submitted to the City Council for approval.
(Ord. 138 C.S. § 1, 1967; Ord. 81-4 § 12, 1981; Code 1975 § 1236.6)
At the time for receiving and considering such statement, the City Council shall proceed to consider the same and the objections thereto, if any, and may raise, lower, or modify the amount alleged to be due therein. The determination of the City Council thereon, as aforesaid, shall be final and conclusive, and the amounts of the cost of abating such nuisance upon the various lots or parcels of land mentioned in the statement shall constitute special assessments against the same, respectively, upon confirmation of such statement, a full and correct copy thereof shall be delivered to the Assessor for the City, and it shall be the duty of the Assessor to add the amounts set forth in such statement and charged against any lot, piece, or parcel of land, to the amount assessed against the same for municipal taxes and assessments, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary City taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.
(Ord. 138 C.S. § 1, 1967; Code 1975 § 1236.7)
For the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions shall apply to all trees other than trees for which a removal permit has been issued:
A. 
Prior to the commencement of construction, demolition or tree removal, all trees on the building site shall be inventoried by the owner or contractor as to size, species and location on the lot, and the inventory shall be submitted on a topographical map to the Building Official. This condition may be waived by the Building Official for tree removal and minor demolition.
B. 
Damage to any tree during construction, demolition or tree removal shall be immediately reported by a person causing the damage, the responsible contractor or the owner to the Director of Forest, Parks and Beach, and the contractor and/or owner shall treat the tree for damage in the manner specified by the Director of Forest, Parks and Beach.
C. 
Oil, gasoline, chemicals and other construction materials shall not be stored within the dripline of any tree.
D. 
Drains shall be installed according to City specifications so as to avoid harm to trees due to excess watering.
E. 
Wires, signs and other similar items shall not be attached to trees.
F. 
Cutting and filling around the base of trees shall be done only after consultation with the Director of Forest, Parks and Beach, and then only to the extent authorized by the Director of Forest, Parks and Beach.
G. 
No paint thinner, paint, plaster or other liquid or solid excess or waste construction materials or wastewater shall be dumped on the ground or into any grate between the dripline and the base of the tree, or uphill from any tree where such substance might reach the roots through a leaching process.
H. 
The property owner/contractor shall be required to erect protective barricades around all trees on a private building site. These barricades must be in place prior to the start of any construction or demolition activities. Barricades shall be upright two-inch by four-inch planks standing a minimum of eight feet vertically, conforming to the tree, tied with wire or rope forming a maximum of one space between the planks. If the tree's configuration or site conditions do not lend themselves to the installation of this type barricade, the Director of Forest, Parks and Beach will designate alternate tree protection methods. Under certain conditions where soil compaction is probable, fences may also be required around a tree or grouping of trees.
I. 
Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.
J. 
Trimming cuts shall conform to arboricultural standards and shall be made along the branch bark ridge.
K. 
Earth surfaces within the dripline of any tree shall not be changed or compacted. All equipment, material, and soil storage shall be kept beyond the dripline of trees.
L. 
Prior to the start of any construction or demolition activities, the property owner/contractor is required to spray or have a certified applicator spray the lower six feet of all pine tree trunks with a pesticide approved by the California Department of Food and Agriculture for the treatment of bark beetles.
M. 
The property owner is responsible for care of all trees that are to remain on the site. This includes the treatment of bark beetles as designated by the Director of Forest, Parks and Beach. If the property owner wishes City staff to perform bark beetle treatment, he/she may request this service in writing and will be charged an amount equal to the cost of time, equipment, and materials utilized by the City in such treatment.
N. 
Failure to protect or maintain trees on construction/demolition sites is a violation of the municipal code and grounds for suspension of the building permit.
(Ord. 83-25 § 1(G), 1983; Ord. 81-4 § 12, 1981; Ord. 84-6 § 1, 1984; Ord. 91-4 §§ 1 – 7, 1991; Code 1975 § 1237)
A. 
All trees shall be planted within 30 days of tree removal or before final inspection if a construction permit. All trees will be identified with a tag provided by the City, which will remain attached to the tree until the required five-year inspection period has expired. Trees required to be kept on a building site and trees required to be planted as a condition of tree removal permit approval shall be maintained according to accepted arboricultural practices for a minimum of five years from the completion of construction or the date that the tree is planted. The City will inspect the replacement trees annually on or around each October, with proper notification.
B. 
At no time shall these trees be moved without the issuance of a valid permit.
C. 
If, at any time during a five-year inspection period, the original replacement tree(s) does not survive or is removed, the original replacement tree(s) shall be replaced with a new tree(s) that is equivalent in size to the measured or projected growth of the original replacement tree(s). The new replacement tree(s) shall be located in the same location(s) as the original replacement tree(s) unless granted permission by the City Forester or Forest and Beach Commission to change the location(s). The new replacement tree(s) shall be required to be replanted within 30 days of inspection, be identified by a tag and will restart a new five-year inspection period.
D. 
Nothing contained in this section shall be deemed to replace or revoke any requirements for the safeguarding of trees found elsewhere in this municipal code or in the ordinances and procedures of the City.
(Ord. 84-6 § 1, 1984; Code 1975 § 1238; Ord. 95-10 § 1, 1995; Ord. 2013-05 (Exh. A § C), 2013)