Del Mar Municipal Code Ch. 23.50 Trees

A. The City of Del Mar Community Plan has as one of its major goals the preservation of the unique village-like atmosphere of the City of Del Mar and specifically references the preservation of natural vegetation, including tree species.

B. In the interest of the public health, safety and welfare, as well as general aesthetics of the community and the importance of the ecology of the area, the City of Del Mar finds it necessary to encourage conservation of trees and the application of management techniques to create a healthy, diverse urban forest, including but not limited to pruning, thinning, trimming, shaping, and selective planting and removal of trees and vegetation within the City of Del Mar on private as well as public property.

C. The species Torrey Pine, the species Monterey Cypress, and all species of trees located within the Central Commercial zone and the environmentally sensitive Open Space Overlay zone are of particular significance to the City, and should therefore be protected to conserve the environmental qualities of the City.

(Ord. No. 683; Ord. No. 749)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

A. Accessory Structure means a portion of the main building or a detached subordinate building located on the same lot or premises which is devoted exclusively to an accessory use, and which is used exclusively by the occupants of the main building.

B. Certified Arborist shall mean "Certified Arborist" as that term is defined by the International Society of Arboriculture.

C. Permit shall mean Tree Removal Permit.

D. Primary Structure shall mean a building used for living quarters.

E. Protected Tree shall mean:

1. A tree of the species Cupressus macrocarpa (Monterey Cypress);

2. A tree of the species Pinus torreyana (Torrey Pine);

3. A tree of any species and located on property within the Central Commercial, Open Space Overlay Zones of the City, within a public right-of-way, or on public or City-owned property; or

4. Any tree planted as a result of required mitigation for the removal of another Protected Tree(s).

F. Tree shall mean any perennial plant growing on public or private property, having a self-supporting woody main stem or trunk.

(Ord. No. 749)

A. It shall be unlawful, subject to enforcement pursuant to Chapter 1.08 as a misdemeanor or infraction, for any person to plant, trim, or remove any vegetation within the public right-of-way without first having obtained an Encroachment Permit under the provisions of this Code.

B. It shall be unlawful, subject to enforcement pursuant to Chapter 1.08 as a misdemeanor or infraction, for any person to cut down, remove, destroy, or move a Protected Tree without first having obtained a Tree Removal Permit in accordance with this Chapter unless exempt as set forth in this Chapter.

C. It shall be unlawful, subject to enforcement pursuant to Chapter 1.08 as a misdemeanor or infraction, for any person to damage or deface any vegetation within the public right-of-way or on public property, or a protective structure placed around such vegetation.

D. Any person, including but not limited to the property owner and the person performing the work, who violates any provision of this Chapter or any condition imposed upon any permit issued hereunder shall remedy any damage caused by the violation. Such remediation may include, but is not limited to, the following:

1. Replacement of removed or damaged trees in accordance with Section 23.50.090 of this Chapter; and

2. Payment to the City's Tree Mitigation Fund of an amount representing the value of any removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal.

(Ord. No. 729; Ord. No. 749)

A. A person desiring to cut down, remove, destroy, or move a Protected Tree that is exempt from a permit requirement pursuant to this Chapter shall file a Notice of Intent, using a form supplied by the City, with the Planning and Community Development Director two working days prior to the scheduled removal.

B. The Director or his/her representative shall, within two working days of the filing of Notice of Intent, conduct a site visit to verify that the tree(s) proposed for removal qualifies for a permit exemption.

(Ord. No. 749)

A. No permit is required by this Chapter for pruning or trimming of any tree on private property.

B. No permit is required by this Chapter to cut down, remove, destroy, or move a Protected Tree under any of the following circumstances. This exemption does not apply to trees within the public right-of-way.

1. When measured two feet above ground level, (a) the Protected Tree has a single trunk circumference of 20 inches or less and is not a replacement tree pursuant to Section 23.50.090, or (b) the Protected Tree has multi-trunks having a total circumference of 30 inches or less and is not a replacement tree pursuant to Section 23.50.090.

2. When measured two feet above ground level, the trunk of the Protected Tree is located no more than 12 feet from the exterior wall of any Primary Structure or Accessory Structure.

3. When both trees are measured two feet above ground level, the Protected Tree is located no more than 12 feet from another Protected Tree. Only one of the Protected Trees may be removed.

C. No permit is required by this Chapter for the emergency removal of a Protected Tree for reasons of public health, safety and welfare. The Planning and Community Development Department shall be promptly notified of emergency removal.

D. No permit is required by this Chapter to remove a Protected Tree when the Planning Commission, or City Council on appeal has determined by resolution that removal of the Tree is necessary to restore a scenic view and/or sunlight to a property pursuant to the provisions of DMMC Chapter 23.51.

(Ord. No. 749; Ord. No. 1024, § 2, 11-17-2025)

The Director of Planning and Community Development shall be responsible for administering and enforcing this Chapter. The Director shall have the following powers and duties:

A. Grant or deny Tree Removal Permit applications pursuant to this Chapter.

B. Determine mitigation requirements for approved Tree Removal Permits.

C. Determine whether a Protected Tree proposed for removal qualifies for a permit exemption pursuant to the provisions of this Chapter.

(Ord. No. 749)

The Design Review Board shall be responsible for administering and enforcing this Chapter when a request for a Tree Removal Permit is a direct result of a concurrent development permit application reviewed by the Design Review Board. The Design Review Board shall have the following powers and duties:

A. Grant or deny Tree Removal Permit applications pursuant to this Chapter.

B. Determine mitigation requirements for approved Tree Removal Permits.

(Ord. No. 749)

A. Application. A person who desires to cut down, remove, destroy, or move a Protected Tree shall make application for a Tree Removal Permit to the Planning and Community Development Department on a form provided by the City. A processing fee, established by resolution of the City Council, shall be required. The application shall contain the number, species, and size of the trees involved, a statement on the reason for the requested action, a site plan depicting the location of tree(s) proposed for removal and other trees located in the vicinity, and any other pertinent information determined necessary by the Planning and Community Development Director or Design Review Board. This additional information may include a report from a qualified, professional arborist selected and employed by the City. The applicant shall be required to reimburse the City for the cost of such a report.

B. Noticing. A notice of the filing of an application for a Tree Removal Permit shall be mailed by the City to persons owning property adjacent to the project site. The mailed notice of application shall advise persons of the date of action and that the application is available for public review at City Hall.

C. Action. The Director or the Design Review Board shall approve or conditionally approve a Tree Removal Permit if the Protected Tree is:

1. Dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist;

2. Crowded by other healthier protected trees; thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist;

3. Interfering with existing utilities and/or primary structures, as certified by a report from the public utility operator or a structural engineer;

4. Causing substantial damage to a Primary or Accessory Structure or associated utilities, as certified by a structural engineer when applicable;

5. Interfering with existing improvements, and/or is a danger to the public health, safety, or welfare in the Central Commercial, Open Space Overlay Zone, or on public property or right-of-way;

6. Deemed a safety hazard in a tree condition report from a Certified Arborist. The report shall include a completed ISA-Hazard Evaluation Form or other methodology acceptable to the City of Del Mar, as well as the observations and opinions of the Arborist. The City reserves the right to retain a Certified Arborist, at the expense of the Applicant, when needed to review a hazardous tree determination;

7. Located within 30 feet of a Primary or Accessory Structure, when measured two feet above ground level, and the canopy of the tree cannot be reduced so as to:

(i) Avoid overhanging the roof of a Primary or Accessory Structure;

(ii) Be at least ten feet from the canopy of any other tree; and

(iii) Be at least ten feet from the chimney of any residence.

The feasibility of reducing the tree(s) canopy shall be determined by the City's Arborist and Fire Chief;

8. Voluntarily replaced in accordance with Subsection 23.50.090.A.1. The replacement tree(s) shall be indicated in a covenant on the property on which the tree(s) are located. The replacement tree(s) shall not be eligible for removal in accordance with this Code until it has attained a circumference of at least 20 inches when measured two feet above ground level; or

9. Obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the project planner and determined by the Director of Planning and Community Development or the Design Review Board based on the following factors:

(i) Early consultation with the City;

(ii) Consideration of practical design alternatives;

(iii) Saving the Protected Tree eliminates all reasonable use of the property; or

(iv) Saving the Protected Tree requires the removal of more desirable trees.

Notwithstanding the existence of Subsections 1. through 9. above, the Director or the Design Review Board may deny a Tree Removal Permit if any of the following conditions exist:

1. The tree removal will, even after the imposition of permit conditions, endanger the public health, safety, peace, or welfare;

2. The tree removal will have an adverse impact on the aesthetics of the area surrounding the proposed activity;

3. Reasonable alternatives to a concurrent development proposal exist which would eliminate the need to remove a Protected Tree; or

4. The applicant has not agreed to perform the conditions of approval imposed by Section 23.050.090.

(Ord. No. 729; Ord. No. 749; Ord. No. 1024, § 3, 11-17-2025)

A. The Planning and Community Development Director or Design Review Board may impose conditions on the permit to achieve the purposes of this Chapter. These conditions include without limitation one or more of the following:

1. Requirement that the permittee replace the removed tree on the property. The number and species of replacement trees required shall be determined by the Planning and Community Development Director in accordance with the Tree Mitigation Replacement Scale below and the species being removed.

* Measured two feet above ground level

2. Payment into the City's Tree Mitigation Fund, if on-site replacement is not suitable due to site constraints such as, but not limited, to the location of existing structures and vegetation. Payment in-lieu of each required replacement tree shall be equal to the estimated cost required to buy, transport, and plant a 15-gallon, 24"- or 36"-boxed tree of a species and size to be determined by the City. Any such payment is to be used to fund the purchase of additional tree(s), for planting off-site or as approved by the City Council by resolution.

3. Requirements that will preserve surrounding trees and protect those trees from damage from the tree removal.

B. The following criteria shall be considered by the Planning and Community Development Director or Design Review Board, in consultation with the City's Arborist if necessary, when determining whether or not mitigation should be required and which method should be applied.

1. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support;

2. The topography of the land and the positive effect that tree replacement could have on soil retention and erosion;

3. The number, species, size, and location of existing trees in the area;

4. Whether the replacement tree(s) would create or continue the unreasonable obstruction, as determined in accordance with DMMC Chapter 23.51, of the scenic view and/or sunlight of a neighboring residence;

5. If a tree is to be removed from the public right-of-way, whether the replacement tree(s) would interfere with public utilities, streets, or sidewalks.

(Ord. No. 729; Ord. No. 749)

The decision of the Planning and Community Development Director and the Design Review Board may be appealed to the City Council pursuant to this Code. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of the City of Del Mar's decisions pursuant to this Chapter.

(Ord. No. 729)

Permits will be effective ten working days after approval, unless appealed, and shall be valid for a period of 180 days, subject to a 180-day renewal period at the permittee's request.