2011-04 Tree OrdinanceORDINANCE 2011-04
AN ORDINANCE OF THE CITY OF ENCINITAS, CALIFORNIA
ADDING CHAPTER 15.02 TO TITLE 15 OF THE ENCINITAS MUNICIPAL
CODE ADOPTING A MUNICIPAL TREE ORDINANCE
SECTION ONE:
The Encinitas Municipal Code is hereby amended to add Chapter 15.02 to Title
15 - City Streets:
See Attachment A
SECTION TWO:
This ordinance was introduced on May 11, 2011.
PASSED AND ADOPTED THIS 25`" day of May, 2011 by the following vote to wit:
AYES: Barth, Bond, Gaspar, Houlihan, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
n ayor
71yo ncinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance 2011-04 which has been
published pursuant to law.
Deborah Cervone, City Clerk
Director of Legislative Services
ATTACHMENT A
CHAPTER 15.02
MUNICIPAL TREE ORDINANCE
15.02.010 Purpose. It is the purpose of this ordinance to promote and protect the public
health, safety, and general welfare by providing for the regulation of the planting, maintenance,
and removal of public trees, within the public right-of-way or on public property. This ordinance
is meant to enhance the Urban Forestry Management Program and Policy.
15.02.020 Authority. The Director of Public Works, or his designee, shall have the
authority and jurisdiction of regulating the planting, maintenance, and removal of trees on public
streets and other publicly owned property to ensure safety or preserve or enhance the aesthetics of
such public sites. The Director shall have the authority to supervise or inspect all work done
under a permit issued in accordance with terms of this ordinance. The Director shall have the
authority to formulate and publish a master tree plan.
15.02.030 Maintenance. All trees within the Public Rights-of-ways shall adhere to the
Urban Forest Management Program, Section 5 Planting and Section 7, Tree Maintenance
Guidelines, as adopted by the City Council, March 2009. All trees planted shall have trunks not
less than ✓z-inch in diameter at 6 inches above the ground. No tree shall be planted closer than 3
feet from the curb line or outer line of the sidewalk. No trees shall be planted within 50 lateral
feet from corners or intersections. All trees and shrubs on public or private property, which have
branches overhanging a public street or sidewalk, shall have said branches trimmed to a clearance
height of 14 feet on the street side and 8 feet on the sidewalk side. All public trees designated for
removal shall be completely removed from the growing site and disposed of in an authorized
manner.
15 02.040 Species Cultivars, and Varieties. All trees planted in the City of Encinitas
shall conform to approved tree palettes identified in all City and Community Master Plans,
General Plans and Specific Plans. In no case shall a tree on City approved invasive tree list be
planted in the City of Encinitas.
15.02.050 Protection of Trees. The Urban Forest Management Program, Section 2,
Protection of Trees During Construction, shall be adhered to during development, redevelopment,
razing, or renovating of structures. No person shall excavate any ditches, tunnels, trenches, or
drive within the Tree Protection Zone as spelled out in the Urban Forest Management Program
Section 2.30.3. Tree topping is not allowed on any publicly owned tree.