Del Mar Municipal Code Ch. 23.51 Trees, Scenic Views and Sunlight

Footnotes:

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Editor's note— Ord. No. 1024, § 1(Exh. A), adopted Nov. 17, 2025, repealed and readopted Chapter 23.51 in its entirety to read as set out herein. Former Chapter 23.51, §§ 23.51.010—23.51.120, pertained to similar subject manner and derived from Ord. No. 729; Ord. No. 747; and Ord. No. 780.

A. Purpose.

1. The City recognizes that Trees, Scenic Views and plentiful Sunlight contribute to the special character of Del Mar and to the overall quality of life enjoyed by residents, property owners and visitors.

2. The City further recognizes that Trees, Scenic Views and Sunlight produce a wide variety of significant psychological and tangible benefits, and contribute to the economic value and comfortable enjoyment of the community, neighborhoods and individual properties, including, but not limited to, the following:

a. Trees, vegetation and other landscaping provide aesthetic value as part of an urban forest, visual and auditory privacy, carbon sequestration, climate control, wind screening, soil stability, and wildlife habitat.

b. Scenic Views, whether of the Pacific Ocean, nearby lagoons, canyons, the community and its landscapes and urban forest character, or other scenic backcountry (eastern) vistas, encourage distinctive architecture, artistic expression, and provide creative inspiration.

c. Plentiful Sunlight provides an opportunity to utilize solar energy both actively and passively for home heating and climate control, thereby reducing dependance on fossil fuels.

3. This Chapter acknowledges the benefits derived from Trees, Scenic Views and plentiful Sunlight, and balances the goal of maintaining each of them, when possible.

4. This Chapter further provides a process by which a person may seek to preserve and restore Scenic Views and/or Sunlight unreasonably obstructed by the growth, improper maintenance and/or installation of Trees and/or vegetation.

B. Application.

1. This Chapter applies to all properties within the jurisdictional boundaries of the City of Del Mar, excluding property owned by governmental entities not subject to the City's regulatory jurisdiction.

2. Any person shall have the right to file an application with the City alleging Obstruction of pre-existing Scenic Views and/or Sunlight, and further seeking Restorative Action to restore the pre-existing Scenic Views and/or Sunlight that existed on or after the later of the following:

a. Date the applicant acquired applicant's property; or

b. Ten years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application.

3. A decision by the Planning Commission, or City Council on appeal, that an Obstruction of Scenic Views and/or Sunlight has occurred, and any associated Restorative Action, is specific to the applicant. Any orders issued by the Planning Commission, or City Council on appeal, for ongoing maintenance of the Subject Tree are not binding on subsequent property owners and shall terminate with the transfer of property title, unless determined otherwise in accordance with DMMC Section 23.51.080(D). This paragraph does not apply when property title is transferred due to inheritance.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

For purposes of this Chapter, the following definitions shall apply:

A. Applicant shall mean any person who owns residential real property within the jurisdictional boundaries of the City of Del Mar (or the legal occupant of said real property with written permission from the property owner of record to act on their behalf), who files an application with the City pursuant to this Chapter.

B. Application shall mean a Trees, Scenic Views and Sunlight application filed with the City alleging that any Tree located on the property of another person is causing an unreasonable obstruction of the applicant's pre-existing Scenic Views and/or Sunlight, for which the applicant seeks Restorative Action.

C. Certified Arborist shall mean a professional arborist who holds a valid ISA Certified Arborist credential from the International Society of Arboriculture (ISA). For purposes of this Chapter, a Registered Consulting Arborist (RCA) with current membership in the American Society of Consulting Arborists (ASCA) shall be considered a "Certified Arborist" for purposes of providing professional tree surveys, reports, recommendations, and other technical information related to arboriculture.

D. City shall mean the City of Del Mar.

E. City Tree shall mean any Tree planted, installed, owned, and/or maintained by the City, which is located in, within or on a City park, Parkway, street, median, or other property owned by the City. For purposes of this Chapter and consistent with Section 23.51.030 of this Chapter, the term "City Tree" does not include any Tree located within the public right-of-way between the improved street edge and the property boundary of a private lot.

F. Crown Reduction/Shaping shall mean a method of comprehensive trimming that reduces a Tree's height and/or spread. Crown Reduction/Shaping entails the reduction of the top, sides or individual limbs of a Tree by removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal role.

G. Director shall mean the City's Planning and Community Development Director, or his or her designee.

H. Heading Back shall mean a pruning process whereby overall reduction of the mass of a Tree is achieved by modification to major limbs.

I. Hedge shall mean generally dense vegetation so aligned as to form a physical barrier or fence.

J. Imminent Danger shall mean an immediate risk to the health, safety and/or welfare of any person or property, whether privately- or publicly-owned.

K. Lacing shall mean a comprehensive method of Trimming that systematically and sensitively removes excess portions of a Tree and improves the structure of the Tree.

L. Mediation shall mean a private, voluntary process in which an impartial and qualified third-party professional negotiator facilitates communication between parties to a dispute to promote settlement and reach a mutually satisfactory solution, in this case regarding a claim for obstruction of Scenic Views and/or Sunlight.

M. Obstruction shall mean any substantial and unreasonable blocking or diminishment of Scenic Views and/or Sunlight that is attributable to the growth, improper maintenance and/or the location of a Tree, as determined by the Planning Commission or City Council on appeal, consistent with the findings of fact required by this Chapter.

N. Parkway shall mean that area of the street between the back of curb and the sidewalk that is typically planted or landscaped.

O. Person shall mean any individual(s), corporation, partnership, firm, or other legal entity (including the City of Del Mar), owning real property or residing in real property within the Del Mar City limits.

P. Primary Living Area (PLA) shall mean that (single) portion of a primary residence (typically the living room, dining room or great room) determined by the Planning Commission, or City Council on appeal, to be the main gathering and entertainment room of the primary residence.

1. The determination of a PLA is to be made on a case-by-case basis and shall be consistent with any prior determinations made by the City. Each primary residence shall be limited to the designation of only one PLA (a primary residence does not include "Accessory Dwelling Units," as that term is defined by Chapter 30.91 of this Municipal Code).

2. Under rare and extraordinary circumstances, the Planning Commission, or City Council on appeal, may determine that another area of a primary residence (other than the living room, dining room or great room) is the PLA.

3. Under no circumstances shall a bathroom, laundry room, storage room, stairwell, hallway, outdoor deck, patio, balcony, or any other area outside of the enclosing walls of a primary residence, be designated as a PLA. Additionally, a PLA may not be from any space within an Accessory Dwelling Unit (as that term is defined by Chapter 30.91 of this Municipal Code).

Q. Protected Tree shall mean any of the following:

1. A Tree of the species Hesperocyparis 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 or 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.

R. Restorative Action shall mean any specific action(s) and conditions required by the Planning Commission, or City Council on appeal, to be implemented to resolve a dispute relating to the obstruction of the applicant's pre-existing Scenic Views and/or Sunlight.

S. Scenic View shall mean a view of the ocean, lagoons, canyons, the community and its landscapes and urban forest character, or other scenic backcountry (eastern) vistas from the PLA of a primary residence. When observed through more than one window or multiple locations within the PLA, the full extent of the Scenic View shall be a culmination of all vantage points from within the PLA. A Scenic View shall not have been created by natural disaster/causes such as storms, fire, disease or pest infestation, or illegal activity.

T. Severe Pruning shall mean the cutting of branches and/or the trunk of a Tree in a manner which substantially reduces the overall size of the Tree or destroys the existing symmetrical appearance, natural shape and/or health of the Tree, and which results in the removal of main lateral branches leaving the trunk and branches of the Tree in a stub appearance. "Topping" and "Heading Back" as defined herein are considered to be Severe Pruning. As stated herein, Severe Pruning should be avoided due to the damage that such practices can cause to a Tree's form and health.

U. Site of the Subject Tree shall mean the property on which a Subject Tree is located, which shall be located within 300 feet of the applicant's property boundary for an application involving obstruction of scenic views and/or sunlight access to a Solar Energy System, or located within thirty (30) feet of the applicant's property boundary for an application involving obstruction of sunlight access to a Primary Living Area.

V. Solar Energy System shall have the same meaning as set forth in Section 801.5(a) of the California Civil Code, as that Section may be amended, renumbered, or redesignated from time to time. For purposes of this Chapter, the location of a Solar Energy System collector is required to comply with the local building and setback regulations.

W. Subject Tree shall mean a Tree for which an application has been submitted regarding the alleged Obstruction of Scenic Views and/or Sunlight.

X. Sunlight shall mean the availability of direct and/or indirect sunlight to the PLA or to the existing Solar Energy System of an Applicant's primary residence.

Y. Thinning shall mean the selective removal of entire branches from a Tree so as to improve visibility through the Tree and/or improve the Tree's structural condition.

Z. Topping shall mean eliminating the upper portion of the trunk or main leader of a Tree. Topping is not recommended in almost all cases.

AA. Tree shall mean any perennial plant growing on public or private property in the ground or in an above-ground container, with a self-supporting woody main stem or trunk. For purposes of this Chapter, "Tree" shall also include vegetation such as shrubs, hedges, and bushes. References to "Tree" herein shall include both the singular and the plural form.

BB. Tree Owner shall mean the person who holds title of the real property for the Site of the Subject Tree, or the person responsible for maintenance of the Subject Tree in accordance with Section 23.51.030 of this Chapter.

CC. Tree Removal shall mean the elimination of any Tree from its present location.

DD. Trimming shall mean the selective removal of portions of branches from a Tree to modify the Tree shape or profile or otherwise alter the Tree's appearance.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

The maintenance of any Tree located within the public right-of-way, between the improved street edge and the property boundary of a private lot, shall be the responsibility of the adjacent private property owner, and not the City. As such, the adjacent private property owner shall be considered the "Tree Owner" for purposes of this Chapter.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. Application Submission to City.

1. Any person alleging obstruction of Scenic Views and/or Sunlight may submit an application to the City Department of Planning and Community Development, which shall contain the following information and may be subject to review and approval by the Director:

a. Uniform Development application on a form provided by the City;

b. Trees, Scenic Views and Sunlight Supplemental Questionnaire on a form provided by the City;

c. Floor plan of the applicant's PLA depicting the direction of the Scenic Views and/or floor plan and building elevation plans depicting the source of Sunlight (e.g., windows, doors, or other transparent surfaces);

d. Photographic evidence taken from the applicant's PLA depicting both of the following:

(1) Pre-existing Scenic Views—Photograph must have been taken at some point in time during the timeframe set forth in Section 23.51.010(B)(2) of this Chapter to the present; and

(2) Alleged Obstruction of Scenic Views—Photograph must have been taken on or around the time of application submittal;

e. Shade study demonstrating the amount and duration of the alleged obstruction of Sunlight from a PLA or Solar Energy System (for applications alleging obstruction of Sunlight only); and

f. Tree survey of the Subject Tree(s) signed and/or stamped by a Certified Arborist and providing the following information, which may be subject to review and approval by the City's Arborist:

(1) Species, common name and variety of the Subject Tree(s);

(2) Physical measurements of the Subject Tree(s) (e.g., height and trunk circumference at two feet above the natural grade);

(3) Approximate age of the Subject Tree(s);

(4) Overall health and structural condition of the Subject Tree(s);

(5) Life expectancy and suitability for preservation of the Subject Tree(s);

(6) Desired Restorative Action, anticipated impact of such Restorative Action on the Subject Tree(s), and recommended maintenance activities (if any) for the long-term preservation of applicant's Scenic Views and/or Sunlight; and

(7) Other recommendations for management of the Subject Tree(s) and/or pertinent information related to the Subject Tree(s).

If the Tree Owner does not grant applicant's Certified Arborist access to the Site of the Subject Tree to conduct the tree survey required by this Subsection, then a tree survey shall be prepared containing as much of the above information as possible. Applicant's Certified Arborist may use other sources to obtain this information, such as photographs taken from other properties, satellite photographs from commercially-available sources, and public record permit information for work performed on the Tree Owner's property.

2. Together with the submission of an application, the applicant shall remit an application fee to the City in an amount established by Ordinance or Resolution of the City Council.

3. Upon review of the application for completeness, the Director may request additional information, if necessary, within 30 days following application submittal.

4. The application will not be deemed complete for further processing by the City until all materials required by this Section and any additional information requested by the Director have been submitted in a format deemed acceptable by the Director.

5. By submitting an application to the City, applicant agrees to allow City staff and/or the Tree Owner to personally enter upon applicant's property (under applicant's supervision) to view and photograph the alleged Obstruction of Scenic Views from the applicant's PLA or Solar Energy System.

6. Group applications are not permitted. A single application must be submitted for each person alleging obstruction of Scenic Views and/or Sunlight. Each application will be considered on an individual basis at a public hearing before the Planning Commission, or City Council on appeal.

B. Mediation Efforts.

1. Together with the information required under Subsection (A) of this Section, applicant shall also submit documentation to the City demonstrating the following:

a. Applicant contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging obstruction of Scenic Views and/or Sunlight, including, at a minimum, offering to engage in Mediation.

b. Proof of applicant's efforts to meet and confer with the Tree Owner shall include:

(1) Documented attempts offering to participate in Mediation (via certified mail, e-mail exchanges, text messages, etc.); and

(2) An explanation of whether such offers to participate in Mediation were declined in writing by the Tree Owner, or if Mediation was unsuccessful between the parties.

2. The Tree Owner's failure to respond to applicant's offer for Mediation within 30 days following receipt of the offer shall be deemed a refusal by the Tree Owner to participate in Mediation.

3. If the Tree Owner agrees to Mediation, the Mediation shall be completed within 180 days following Tree Owner's acceptance of applicant's offer for Mediation, unless an extension is granted by the Director.

C. Notice to Tree Owner. Within 30 days following receipt of a complete application, City staff shall provide notice to the Tree Owner including the following information:

1. Copy of the application and any other materials submitted by the applicant;

2. Copy of this Chapter 23.51;

3. Statement notifying the Tree Owner that there is still time and an opportunity for the parties to resolve the dispute prior to the public hearing;

4. Statement encouraging the Tree Owner to participate in Mediation and informational materials associated with the Mediation process, such as a referral to the National Conflict Resolution Center; and

5. Notice that a written response to the application may be submitted in advance of the public hearing for review by the Planning Commission, the deadline for any such response, and the anticipated date and time of the public hearing.

D. Public Hearing and Decision.

1. The application shall be presented at a noticed public hearing conducted by the City of Del Mar Planning Commission. The public hearing procedures shall be consistent with those contained in Section 7.2 of the Planning Commission's adopted Policy Manual.

2. The applicant and the Tree Owner shall each be allowed one request for a postponement of the public hearing, provided that the written request is received by the Director at least 14 days prior to the scheduled hearing date.

3. At least ten days prior to the scheduled public hearing date, notice shall be published and mailed to all real property owners of record located within 300 feet of the applicant's property boundary and the Site of the Subject Tree.

4. During the public hearing, the applicant and the Tree Owner shall each be allowed an opportunity to present testimony and evidence relating to the application and the Subject Tree(s). The public shall also be given an opportunity to provide comment on the application and the Subject Tree(s).

5. The Planning Commission shall issue a decision regarding the application to determine whether an obstruction of Scenic Views and/or Sunlight has occurred based on the criteria set forth in Section 23.51.060 of this Chapter.

a. The Planning Commission's decision shall be documented in the form of a Resolution.

b. If the Planning Commission finds in favor of the applicant, the Planning Commission's Resolution shall also include the requirement to perform Restorative Action work in accordance with Section 23.51.080 of this Chapter. If desired, the Planning Commission may choose to appoint a subcommittee of the Planning Commission to work with City staff on the creation of a draft Restorative Action plan for consideration and action by the Planning Commission at a future meeting.

c. The Planning Commission's decision on the application shall become final on the 11th business day following the adoption of the Planning Commission's Resolution, unless appealed to the City Council in accordance with Section 23.51.100 of this Chapter.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. In considering whether an unreasonable obstruction of Scenic Views has occurred pursuant to this Chapter, the Planning Commission, or City Council on appeal, shall determine whether the Subject Tree(s) obstructs the applicant's Scenic Views (observed from the Applicant's PLA) by more than the permissible percentages listed for the type of Scenic Views identified in Table 1 of this Section.

B. The Planning Commission, or City Council on appeal, shall be responsible for determining the type(s) of Scenic View and appropriate view angle upon which to base its review from those listed in Table 1 of this Section. In making this determination, the recommendation of staff may be considered.

C. Scenic Views of a specific type (e.g., White Water, Blue Water, etc.) could possibly be observed from multiple vantage points and directions inside the Applicant's PLA, resulting in several separated views of a similar type. When this occurs, the Planning Commission, or the City Council on appeal, shall consider the Scenic View to be the culmination of all (separated) views that can be observed within a 180-degree corridor from the PLA, and shall apply the allowable percentages of obstruction accordingly.

Table 1

ALLOWABLE SCENIC VIEW OBSTRUCTION - 180 DEGREE CORRIDOR

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. Obstruction of Scenic Views (from the Applicant's PLA). To render a decision in favor of the Applicant regarding unreasonable Obstruction of Scenic Views, the Planning Commission, or City Council on appeal, shall make all of the following findings of fact:

1. The Subject Tree(s) is/are located on the Tree Owner's property, which is located within 300 feet of the applicant's property (also referred to herein as the "Site of the Subject Tree");

2. The applicant's Scenic View is consistent with the definition of "Scenic View" as provided in Section 23.51.020 of this Chapter;

3. The applicant's stated PLA is consistent with the definition of "Primary Living Area (PLA)" as provided in Section 23.51.020 of this Chapter;

4. The applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging obstruction of Scenic Views, as required by Section 23.51.040(B) of this Chapter;

5. Consistent with Section 23.51.040(A) of this Chapter, the Applicant has provided photographic evidence of prior Scenic Views taken from the applicant's PLA on or after the later of the following: (i) the date applicant acquired applicant's property; or (ii) ten years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application;

6. Based on a review of the photographic evidence submitted by the applicant, the applicant's Scenic View has been reduced by more than the maximum allowed percentage of obstruction listed in Table 1 under Section 23.51.050 of this Chapter; and

7. Restoration of the applicant's Scenic Views will not create an infringement on the Tree Owner's privacy that cannot be reasonably mitigated.

B. Obstruction of Sunlight (to the Applicant's Solar Energy System). To render a decision in favor of the applicant regarding unreasonable obstruction of Sunlight to applicant's existing Solar Energy System, the Planning Commission, or City Council on appeal, shall make the following findings of fact:

1. The Subject Tree(s) is/are located on the Tree Owner's property, which is located within 300 feet of the applicant's property (also referred to herein as the "Site of the Subject Tree");

2. The applicant's Sunlight is consistent with the definition of "Sunlight" as provided in Section 23.51.020 of this Chapter;

3. The applicant's Solar Energy System is consistent with the definition of "Solar Energy System" as provided in Section 23.51.020 of this Chapter;

4. The applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging obstruction of Sunlight, as required by Section 23.51.040(B) of this Chapter;

5. Consistent with Section 23.51.040(A) of this Chapter, the applicant has provided photographic or other documentable evidence of prior Sunlight to the Solar Energy System taken on or after the later of the following: (i) date applicant acquired applicant's property; or (ii) ten years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application;

6. The applicant has provided an exhibit demonstrating the amount and duration of the obstruction of Sunlight in a graphic format, such as a shadow study, as required by Section 23.51.040(A) of this Chapter;

7. Based on a review of the photographic evidence and exhibit submitted by the applicant, the Subject Tree(s) cast(s) a shadow on the applicant's Solar Energy System that is greater than ten percent of the Solar Energy System absorption area at any time between 10:00 a.m. and 2:00 p.m., Pacific Standard Time (PST); and

8. Restoration of Sunlight to the applicant's Solar Energy System will not create an infringement on the Tree Owner's privacy that cannot be reasonably mitigated.

C. Obstruction of Sunlight (to the Applicant's PLA). To render a decision in favor of the Applicant regarding unreasonable Obstruction of Sunlight to the Applicant's PLA, the Planning Commission, or City Council on appeal, shall make the following findings of fact:

1. The Subject Tree(s) is/are located on the Tree Owner's property, which is located within 30 feet of the applicant's property (also referred to herein as the "Site of the Subject Tree");

2. The applicant's Sunlight is consistent with the definition of "Sunlight" as provided in Section 23.51.020 of this Chapter;

3. The applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging obstruction of Sunlight, as required by Section 23.51.040(B) of this Chapter;

4. Consistent with Section 23.51.040(A) of this Chapter, the applicant has provided photographic or other documentable evidence of prior Sunlight to the PLA taken on or after the later of the following: (i) the date applicant acquired applicant's property; or (ii) ten (10) years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application;

5. The Applicant has provided an exhibit demonstrating the amount and duration of the obstruction of Sunlight in a graphic format, such as a shadow study, as required by Section 23.51.040(A) of this Chapter;

6. Based on a review of the photographic evidence and exhibit submitted by the applicant, the Subject Tree(s) cast(s) shadows greater than 50 percent of the total window glazing of the Applicant's PLA at any time between 10:00 a.m. and 2:00 p.m., Pacific Standard Time (PST); and

7. Restoration of Sunlight to the Applicant's PLA will not create an infringement on the Tree Owner's privacy that cannot be reasonably mitigated.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

After it has been determined through the hearing process that an unreasonable Obstruction has occurred, then the following unweighted factors may be considered by the Planning Commission, or City Council on appeal, in determining the appropriate Restorative Action:

A. Any hazards posed by the Subject Tree(s) to any persons or structures on the applicant's property, including, but not limited to, fire danger, as determined by a City Fire Official, and the danger of falling limbs or Trees, as determined by a Certified Arborist;

B. The variety of the Subject Tree(s), its/their projected rate of growth and maintenance requirements;

C. The aesthetic quality of the Subject Tree(s), including but not limited to, species characteristics, size, growth, form and vigor;

D. The location of the Subject Tree(s) with respect to overall appearance, design and/or use of the Site of the Subject Tree(s);

E. Soil stability provided by the Subject Tree(s) considering soil structure, degree of slope and extent of the Subject Tree's root system per a report from a soils engineer licensed by the State of California;

F. Privacy (visual and auditory) and wind screening provided by the Subject Tree(s) to the Tree Owner and neighbors of the Tree Owner;

G. Energy conservation and/or climate control provided by the Subject Tree(s);

H. Wildlife habitat provided by the Subject Tree(s);

I. Whether the Subject Tree(s) is/are considered a "Protected Tree," as defined herein and in Chapter 23.50 (Trees) of this Municipal Code;

J. The value of the Subject Tree(s) to the community/neighborhood;

K. Whether the Subject Tree(s) is/are located on or in the public right-of-way or City-owned property; and

L. Whether the Subject Tree(s) has/have been deemed "discouraged" or undesirable by the City, as provided in the City's Public Tree Policy Manual.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. Consideration of Recommendations. In determining the type(s) of Restorative Action work to be performed under this Chapter, the Planning Commission, or City Council on appeal, shall first consider any recommendation(s) made by City staff, which could include recommendation(s) from a Certified Arborist retained by the Applicant, Tree Owner and/or City.

B. Types of Restorative Action. Restorative Action work may include, but is not limited to, any of the following (in order of preference):

1. Crown Cleaning. Removing dead, dying, diseased and broken branches from the crown of the Subject Tree(s).

2. Lacing/Thinning. Lacing is the preferred pruning technique, which removes excess foliage within the canopy, improves general views through the Subject Tree(s), and can improve the structure of the Subject Tree(s).

3. Crown Raising. Selectively removing the lower limbs from the crown of the Subject Tree(s).

4. Crown Reduction/Shaping. Crown Reduction/Shaping of the Subject Tree(s) is preferable to Topping or Tree Removal, if it is determined that the impact of Crown Reduction/Shaping would not destroy the visual proportions of the Subject Tree(s), adversely affect the Subject Tree's growth pattern or health, or otherwise constitute a detriment to the Subject Tree(s).

5. Heading Back. Heading Back should only be permitted if all of the following apply:

a. The Subject Tree(s) is/are specifically planted and maintained as a Hedge, espalier, bonsai, or in pollard form;

b. Restorative Actions 1 through 4 of this Section will not accomplish the intended Restorative Action; and

c. Subsequent growth characteristics will not create a future Obstruction of greater proportions.

6. Tree Removal. Tree Removal of the Subject Tree(s) may be considered when the above-mentioned Restorative Actions are judged to be ineffective. Where Tree Removal is required, replacement by appropriate species shall be considered by the Planning Commission, or City Council on appeal for feasibility, but is not required.

7. Stand Thinning. The removal of a portion of the total number of Trees from a grove of Trees on the Site of the Subject Tree, including the removal of the Subject Tree(s), without any replacement plantings.

In cases where Trimming or any other type(s) of Restorative Action work may affect the health of a Tree that is intended to be preserved or trees in the vicinity, such Restorative Action work shall be carried out in accordance with the standards established by the International Society of Arboriculture (ISA) for use in the State of California and under the supervision of a Certified Arborist. Severe Pruning should be avoided due to the damage that such practices can cause to a Tree's form and health.

C. Written Conditions. Restorative Action imposed by the Planning Commission, or City Council on appeal, may also include written conditions (such as ongoing maintenance), and directions as to the appropriate timing of such conditions.

D. Ongoing Maintenance. If ongoing maintenance is required by the Planning Commission, or City Council on appeal, as part of the Restorative Action work to be performed, then such ongoing maintenance shall be performed according to the time schedule (e.g., annually, bi-annually, etc.) established by the Planning Commission, or City Council on appeal. On each such occasion that ongoing maintenance is scheduled to occur, the procedures set forth in Section 23.51.090(E) of this Chapter shall apply.

The Conditions of Restorative Action and required term of maintenance (if deemed appropriate) imposed by the Planning Commission may be recorded in a covenant against the deed for the property on which the Subject Tree is located. If required, the covenant shall run with the land to help guarantee permanent preservation of pre-existing Scenic Views and/or Sunlight.

E. Consistency with Chapter. The performance of any Restorative Action work required under this Chapter shall be performed consistent with all other provisions of this Chapter.

F. Timeline for Compliance. Any Restorative Action work required under this Chapter shall be performed no later than the timelines set forth in Section 23.51.090 of this Chapter, unless an exception applies, as follows:

1. An exception applies if it is determined by the Planning Commission, or City Council on appeal, that it would be less harmful to the Subject Tree(s) for the Restorative Action work to occur at a specific time of the year.

2. If it is determined that an exception applies, then the Restorative Action work shall be performed no later than ninety (90) days following the specific date set forth by the Planning Commission, or City Council on appeal.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. Responsibility for Application Fees and Related Costs. The applicant shall be responsible for the application fee(s) owed to the City, and any other fees and costs relating to providing the required application materials to the City, including other information requested by the City to review and process the application, as well as the costs associated with the public noticing requirement under Section 23.51.040(D) of this Chapter.

B. Responsibility for Costs of Initial Restorative Action Work. When Restorative Action is required by the Planning Commission, or City Council on appeal, the costs for the initial Restorative Action work required to be performed under this Chapter (excluding any ongoing maintenance) shall be as follows:

1. The Applicant and the Tree Owner shall each pay fifty percent (50%) of all costs associated with the initial Restorative Action work, which includes the full cost of the Tree Survey required by DMMC Section 23.51.040(g), unless an exception applies, as set forth below.

2. The Tree Owner shall pay one hundred percent (100%) of all costs associated with the initial Restorative Action work, which includes the full cost of the Tree Survey required by DMMC Section 23.51.040(g), if the Planning Commission, or City Council on appeal, makes a determination that:

a. The Tree Owner has refused to participate in good faith attempts to resolve the dispute as required by Section 23.51.040(B) of this Chapter; and/or

b. The Subject Tree constitutes a hazard to the safety of the Applicant and/or the Applicant's property, and is being maintained by the Tree Owner in disregard for the safety of others and/or property.

C. Responsibility for Costs of Ongoing Maintenance. The Tree Owner shall pay one hundred percent (100%) of all costs associated with any ongoing maintenance of the Subject Tree(s) required by the Restorative Action plan approved by the Planning Commission, or City Council on appeal, whether or not the Applicant paid any or all of the costs for the initial Restorative Action work.

D. Procedures for Payment, Scheduling and Completion of Initial Restorative Action Work.

1. Applicant Partially Responsible for Costs of Initial Restorative Action Work. When the Applicant is partially responsible for the cost of the initial Restorative Action work as set forth in Subsection (B)(1) of this Section, then the following procedures shall be enacted:

a. For any initial Restorative Action work, the Tree Owner shall submit to the City two (2) itemized written cost estimates for performing the initial Restorative Action work. The estimates shall be prepared by licensed and insured landscape or Tree service contractors, under the supervision of a Certified Arborist, and acceptable to the City. The estimates shall be submitted to the City within thirty (30) days following the adoption of the Resolution approving the Restorative Action plan. The estimates shall be subject to review for acceptance by the Director. The Director reserves the right to consult with a Certified Arborist retained by the City if both of the estimates appear to be substantially above the professional average for such services, and in that case, the Tree Owner shall be responsible for reimbursing the City for the cost of consultation with the City Arborist and may be required to submit additional estimates to the City.

b. Estimates provided by the Tree Owner shall only include, and the Applicant shall only be responsible for, payment of costs to perform the initial Restorative Action work (excluding any ongoing maintenance) as required by the Planning Commission, or City Council on appeal. Such costs may include debris removal/recycling fees, and the purchase and installation of mitigation Trees (if required by the Planning Commission, or City Council on appeal). Applicant shall not be responsible for any other costs associated with the Restorative Action work required to be performed, including, but not limited to, tarping, removal and/or replacement of fencing, walls or other improvements to bring equipment onto the Site of the Subject Tree, temporary relocation and re-installation or removal and replacement of appurtenances, structures, fixtures and other improvements on the Site of the Subject Tree, and/or any other costs not directly related to the costs of performing the Restorative Action work, as required by the Restorative Action plan approved by the Planning Commission, or City Council on appeal.

c. Within fifteen (15) days following the Director's acceptance of the cost estimates submitted by the Tree Owner, the Applicant shall deposit with the City an amount equal to the cost percentage required to be paid by the Applicant pursuant to Subsection (B) of this Section, using the lower amount of the two cost estimates. Failure of the Applicant to timely make the required deposit within these fifteen (15) days will render the City's Resolution requiring the Restorative Action work to become null and void.

d. Once the Applicant's deposit is received by the City, the Tree Owner shall, at the Tree Owner's sole discretion, choose which one of the two companies that submitted estimates accepted by the Director will perform the initial Restorative Action work, and shall notify the City of its decision. Within thirty (30) days following the City's receipt of the Applicant's deposit (or such other period of time as the Planning Commission, or City Council on appeal, may determine to be reasonable and appropriate), the Tree Owner shall schedule the initial Restorative Action work to be completed. If the Tree Owner does not have the initial Restorative Action work completed within thirty (30) days or within the time-period indicated by the Planning Commission, or City Council on appeal, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter.

e. The Tree Owner shall notify the City in advance of the date and time that the initial Restorative Action work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the initial Restorative Action work, upon completion, to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City's inspection of the initial Restorative Action work shall be scheduled for a time when the contractors performing the initial Restorative Action work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.

f. Following City approval of the initial Restorative Action work, the Tree Owner shall submit a copy of an invoice for the work performed to the City. Upon submittal of the invoice, the City shall transmit the funds held in the City's deposit account to the Tree Owner.

2. Tree Owner Fully Responsible for Costs of Initial Restorative Action Work. When the Tree Owner is fully responsible for the cost of the initial Restorative Action as set forth in Subsection (B)(2) of this Section, then the following procedures shall be enacted:

a. The initial Restorative Action work shall be completed within thirty (30) days following adoption of the Resolution approving the Restorative Action plan (or such other period of time as the Planning Commission, or City Council on appeal, may determine to be reasonable and appropriate). If the Tree Owner does not have the initial Restorative Action work completed within the time-period indicated by the Planning Commission or within thirty (30) days, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter.

b. The Tree Owner shall notify the City in advance of the date and time that the initial Restorative Action work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the initial Restorative Action work, upon completion, to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City's inspection of the initial Restorative Action work shall be scheduled for a time when the contractors performing the initial Restorative Action work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.

E. Procedures for Scheduling and Completion of Ongoing Restorative Action Work.

1. Any ongoing maintenance required as part of the Restorative Action plan shall be completed according to the time schedule (e.g., annually, bi-annually, etc.) established by the Planning Commission, or City Council on appeal. If the Tree Owner does not timely complete the ongoing maintenance work, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter.

2. The Tree Owner shall notify the City in advance of the date and time that the ongoing maintenance work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the ongoing maintenance work upon its completion to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City's inspection of the ongoing maintenance work shall be scheduled for a time when the contractors performing the work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. The Planning Commission's decision under this Chapter shall become final on the eleventh (11th) business day following the adoption of the Planning Commission's Resolution documenting the decision, unless the decision is appealed pursuant to this Section.

B. The Planning Commission's decision may be appealed to the City Council consistent with the appeal provisions of this Municipal Code.

C. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of any final decision made by the City of Del Mar pursuant to this Chapter.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

Failure to comply with any provision under this Chapter shall constitute a misdemeanor or infraction, punishable in accordance with the provisions of Chapter 1.08 of this Municipal Code, and is further declared to be a public nuisance that may be enjoined or abated as provided by law.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. The City shall not be liable for any claims, demands, causes of actions, damages, injuries, litigation, costs, and/or liability arising out of or related to any agreement, decision, determination, or order concerning claims relating to Scenic Views and/or Sunlight that may result from Mediation or litigation.

B. Under no circumstances shall the City have any responsibility or liability to enforce or seek any legal redress (civil or criminal) for any agreement, decision, determination, or order that any other person or entity makes concerning claims relating to Scenic Views and/or Sunlight.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

A. It is not the intent of the City in adopting this Chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement between private parties.

B. Nothing in the Chapter shall deny private parties the right to seek remedial action for any Imminent Danger caused by any Tree(s).

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)

The below provisions shall apply when any person alleges Obstruction of Scenic Views and/or Sunlight caused by City Trees. The process for determining whether an unreasonable Obstruction of Scenic Views and/or Sunlight has occurred as a result of City Trees is set forth below.

A. Pre-Application/Early Consultation Process.

1. Any person who believes that the growth, improper maintenance and/or installation of a City Tree has caused an unreasonable Obstruction of Scenic Views and/or Sunlight may contact the City of Del Mar Planning and Community Development Department and request to meet with staff to explain the scenic view and/or sunlight obstruction.

2. During the early consultation process, City staff will gather information regarding the TSVS claim of obstruction, verify eligibility for the process, and observe the alleged obstruction.

3. Prior to submitting a TSVS/City Tree application, the Planning and Community Development Director will, in consultation with the Public Works Director and City Arborist, determine if unique factors exist that would cause the City to perform restorative action on the subject City Tree without need to submittal of an application.

B. Application Submittal.

1. Any person who believes that the growth, improper maintenance and/or installation of a City Tree has caused an unreasonable Obstruction of Scenic Views and/or Sunlight may submit an application to the City in accordance with the provisions of Section 23.51.040(A) of this Chapter.

2. Together with the submission of an application, the applicant shall remit an application fee to the City in an amount established by Ordinance or Resolution of the City Council.

3. Upon review of the application for completeness, the Director may request additional information, if necessary, within 30 days following application submittal.

4. The application will not be deemed complete for further processing by the City until all materials required by this Section and any additional information requested by the Director have been submitted in a format deemed acceptable by the Director.

C. City's Review of the Alleged Obstruction. Upon receipt of a complete application, the Director, in consultation with the City's Public Works Director and/or a City Arborist, shall:

1. Review and evaluate the application to determine whether the required findings of fact can be made pursuant to Section 23.51.060 of this Chapter;

2. Perform a site visit to the Applicant's PLA or Solar Energy System; and

3. Consider the public interest in maintaining the public environment created by the existing City Tree(s) and its/their contribution to the community character.

D. City's Decision and Public Notice.

1. The Director shall approve or deny the application by written decision within 30 days following the application has been deemed complete.

2. The Director's written decision shall specify findings of fact for application approval or denial as provided in Section 23.51.060 of this Chapter.

3. Approval of an application under this Section shall include appropriate Restorative Action based on a recommendation by City staff working in consultation with a City Arborist. The Restorative Action plan shall consider the criteria set forth in Section 23.51.070 of this Chapter, shall be consistent with Section 23.51.080 of this Chapter, and shall involve the least amount of impact necessary to the overall aesthetic of the City Tree(s).

4. If the Restorative Action plan requires Tree Removal of a Protected City Tree, the City shall provide public notice of the Director's decision, as follows:

a. Notice shall be posted on the City's website and mailed to all owners of real property located within 300 feet of the location of the City Tree(s).

b. Notice shall include a number assigned to the application, a description of the City Tree(s) causing an Obstruction of Applicant's Scenic Views and/or Sunlight, and information on the process for appealing the Director's decision.

5. The Director's decision shall become final on the 11th business day following the date of the posted/mailed public notice, unless appealed.

E. Appeal of Director's Decision. For purposes of this Section only, the Director's decision may be appealed to the Planning Commission pursuant to the provisions of this Municipal Code. The Planning Commission's decision shall become final on the eleventh (11th) business day following the adoption of the Planning Commission's Resolution, unless appealed to the City Council in accordance with Section 23.51.100 of this Chapter.

F. Procedures for Restorative Action Work and Allocation of Costs.

1. If any Restorative Action work is required to be performed in accordance with this Section, the City and the Applicant shall each be responsible for paying 50 percent of the cost to perform the Restorative Action work.

2. Within 30 days following the date the Director's written decision approving the application, City staff shall provide the written decision to the City's contracted tree maintenance company to obtain a cost estimate for the performance of the Restorative Action work.

3. Upon receipt of the cost estimate for the performance of the Restorative Action work, City staff shall provide the applicant with an invoice for 50 percent of the total cost estimate.

4. Within 15 days following receipt of the invoice from the City, the applicant shall remit the full invoiced amount to the City as a deposit for the performance of the Restorative Action work. Failure of the applicant to timely make the required deposit within these 15 days will render the Director's decision requiring the Restorative Action work to become null and void.

5. Upon completion of the Restorative Action work, the deposited funds shall be used towards payment of the applicant's 50 percent share of the total cost to perform the Restorative Action work.

a. If the final cost of the Restorative Action work is less than the initial estimate, any unused amount of the deposit shall be returned to the applicant.

b. If the final cost of the Restorative Action work exceeds the initial estimate, the City shall provide the applicant with an invoice for the remaining amount owed by the applicant. Within 15 days following receipt of the invoice, the applicant shall remit to the City the remaining amount of the applicant's share owed to the City.

(Ord. No. 1024, § 1(Exh. A), 11-17-2025)