Encinitas Municipal Code Ch. 23.27 Plant and Tree Regulations

The City of Encinitas recognizes the importance of plants and trees to provide aesthetic value and function, air cleansing, climate regulation and promote environmental sustainability and resilience. In addition, plants and trees improve habitat and local native biodiversity, increase local pollinators, improve natural spaces including habitat linkages and other benefits to residents, businesses, and visitors to the community. This chapter is also intended to encourage and support the preservation of natural habitat and native plant communities and provide regulations for the planting and maintenance of plants and trees on qualifying development projects.

(Ord. 2026-07, 5/15/2026)

A. This chapter shall be known as the "City of Encinitas Native Plant Ordinance" and may be so cited.

B. Conflicting Provisions. In the case of conflict between the planting provisions of this section and any other provisions of the Municipal Code, resolution, or ordinance of the City, the provisions of this section shall supersede, except as stated below:

1. For existing and proposed trees located in the public right-of-way, trees shall comply with the standards set forth in Encinitas Municipal Code (EMC) Chapter 15.02, Municipal Tree Ordinance and the Urban Forest Management Program Administrative Manual of Procedures.

2. Proposed trees located in the public right-of-way or on any public property shall be planted in accordance with any City approved street tree list(s) and shall prioritize southern California native trees unless otherwise determined by the City arborist or other appointed designee by the City.

3. Properties located in a fire hazard severity zone (FHSZ) as determined by CAL FIRE, shall comply with all fire safety requirements as determined by the Encinitas Fire Department.

4. Properties in the Coastal Bluff Overlay Zone shall comply with the regulations found in EMC Section 30.34.020, Coastal Bluff Overlay Zone.

5. Projects shall comply with the provisions of EMC Chapter 23.26, Water Efficient Landscape Regulations.

C. Definitions. For the purpose of this section the following definitions shall apply:

"City owned"

shall mean any property owned, occupied, or controlled by the City of Encinitas, including, but not limited to, school grounds, parks, playgrounds, lawns, streets, sidewalks, rights-of-way, waters, waterways, trails, beaches, habitat restoration areas and open spaces.

"Cultivar"

shall mean a selection from the wild of a native plant for its unique attributes and traits such as taste, smell, size, or color.

"Environmentally sensitive areas"

shall mean any land or waters in which plants, animal life, or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development, or as defined per Public Resource Code Section 30107.5, and as amended.

"Hybrid plant"

shall mean a naturally occurring cross between two different native plant species or varieties.

"Invasive plant species"

shall mean any plant listed on either of the following lists: San Diego County Invasive Weed Watch list and California Invasive Plant Council (Cal-IPC) inventory list containing one of the following ratings: high, moderate, alert, and watch.

"Landscape area"

shall mean all existing or proposed planting areas located in the project boundaries that are proposed to be planted, including, but not limited to, associated ground cover, mulch, irrigation, at grade planter beds, raised planter boxes or beds, green roofs, and stormwater infiltration or treatment areas. A landscaped area may include other natural materials such as boulders, cobble/gravel, and logs. Landscape areas shall not include structures, landscaped walls, sidewalks, driveways, parking lots, podium plantings, decks, patios, or other similar pervious or impervious hardscapes.

"Monoculture"

shall mean the intentionally repetitive planting of a single plant species or cultivar to cover a large, contiguous area.

"Native plant"

shall mean any plant (including trees) known to occur in California prior to European contact. These plants evolved in California over a very long period, and are the plants that have co-evolved with animals, fungi and microbes, to form a complex network of relationships.

"Open space"

shall mean publicly or privately owned or managed areas that are deemed to be of significant community importance due to their ecological value and are protected from development or have a proposed or existing recorded open space easement.

"Southern California native plant"

shall mean a native plant that is known or has been known in the following Jepson bioregions (i.e. EcoRegions per Calscape). The following EcoRegions shall qualify under this definition: Desert Mountains, Mojave Desert, Northern Channel Islands, Peninsular Ranges, San Bernardino Mountains, San Gabriel Mountains, San Jacinto Mountains, Sonoran Desert, Southern Channel Islands, South Coast, Tehachapi Mountain Area, and Western Transverse Ranges. Native cultivars (i.e. select native plant specimens propagated for landscaping purposes) and naturally occurring hybrids of species that occur in southern California will also be considered a southern California native plant for the purpose of this section.

"Special purpose overlay"

shall mean properties that qualify pursuant to EMC Chapter 30.34, Special Purpose Overlay Zones.

D. Applicability. This section shall apply to any of the following types of projects that require a discretionary permit and include a landscape plan:

1. A design review permit pursuant to EMC Chapter 23.08, Design Review.

2. A major use permit for the Ecological Resource/Open Space/Parks Zone.

3. City projects.

E. Exemptions. The following shall be exempt from the provisions of this section, although the use of native plants in these settings is encouraged:

1. Construction or reconstruction of a single-family residence including additions or conversions of accessory dwelling units and/or junior accessory dwelling units.

2. City owned and maintained athletic fields, athletic courts, turf, picnic areas, and informal gathering spaces that are located in a City owned park, community space, and/or recreational facilities.

3. California state owned land and beaches.

4. An area that is designated as a recreational amenity or facility to satisfy multifamily or mixed-use development requirements pursuant to EMC Section 30.16.010, Development Standards or the projects applicable objective design standards.

5. Community gardens.

6. Extensive green roofs, provided that native plants shall be incorporated to the extent that doing so is feasible based on the survivability of native plants in such conditions.

7. All orchards, botanical gardens, nurseries, and other professional growing operations.

8. Golf courses.

9. Cemeteries.

F. General Requirements. The following provisions shall apply:

1. Southern California native plants shall be chosen to satisfy the requirements of this section from the following native plant data resource; no other lists or data resources are permitted:

a. Calscape by the California Native Plant Society, and as amended.

2. A minimum of 50% of the total landscaped area of the project site shall be planted with southern California native plants, and shall demonstrate compliance with both of the following calculations:

a. Tree Calculation. A minimum of 50% of the total number of proposed trees on the project site shall be southern California native. Any fractional result in the calculation of the required number of native trees shall be rounded up to the next highest whole number, and

b. Non-Tree Calculation. The 50% native plant requirement shall be calculated based on the mature size of all non-tree plant species within the total landscaped area. Trees and tree canopy coverage shall not be included in this calculation. Native landscaping planted under tree canopies shall count toward this calculation.

3. The remaining landscaped areas are strongly encouraged to be planted with native species but where non-native species are used, they should be compatible species that are ecologically compatible, support local pollinators and/or local habitats.

4. Landscaping areas that are City owned shall be planted with 100% southern California native plants.

5. Any proposed landscaped area within 50 feet of any environmentally sensitive area (ESA), open space, and/or a required setback established from an ESA, shall be planted with 100% southern California native plants.

6. Landscape areas shall comply with any additional setbacks or regulations that are required by, including, but not limited to, the City (i.e. EMC Chapter 30.34, Special Purpose Overlays, designated evacuation routes or hazardous fire area requirements per the Encinitas Municipal Code); State (i.e. California State Fire Marshal and Board of Forestry, California Coastal Commission, California Department of Fish and Wildlife); or Federal agencies (i.e. U.S. Fish and Wildlife).

7. A project site that is located in a fire hazard severity zone (FHSZ) as determined by CAL FIRE shall have a landscape plan and fire protection plan, if required, that is consistent and compliant with all California state and Encinitas Fire Department requirements, to prioritize public health and safety as determined by the Fire Department.

8. California State lands and beaches are highly encouraged to comply with the provisions of this section.

9. Seed mixes are not allowed to satisfy the requirements of this section, unless the landscaping area is located on a manufactured slope and the City requires the slope to be hydroseeded for stabilization purposes. A southern California native seed mix shall be acceptable to comply with the requirements of Section.

10. Plants that are identified as invasive plant species shall not be allowed in any proposed landscape area except for turf grass which can be considered for use outside of areas that are within close proximity to sensitive open space.

11. Proposed plant palettes shall include a diverse mix of species including form (e.g. tree, shrub, grass), blooming period, and life cycle to support wildlife/pollinator biodiversity and the overall goals and intent of this ordinance. Compliance can be met with a minimum of four distinct species and at least two plant forms with a write up of how the proposed plant palette meets the requirements of the ordinance.

12. Monocultures shall be prohibited.

G. Development Application Requirements.

1. The landscape plan submitted as part of the discretionary application shall be prepared and stamped by a licensed landscape architect, certifying that at the time of stamping, the plans and selected plants comply with all the requirements of this section.

2. Prior to the issuance of certificate of occupancy of the building permit or final of the grading permit, if a building permit is not required, a licensed landscape architect shall submit to the City, a date stamped landscape certificate of completion form, within 10 days from the signature date of the certification form, certifying that the landscape has been installed pursuant to the stamped approved landscape plans.

H. Installation Requirements.

1. Native landscaping shall be installed in accordance with industry standards, best practices, and the most current technical guidance available, at the discretion of the licensed landscape architect. The approach shall be tailored to the specific native plant species, the location and/or gradient of the area of placement, and broader vegetation communities included in the design to ensure long-term health and ecological sustainability. Key factors such as soil condition, irrigation method and frequency, proper planting techniques and other appropriate factors must be carefully considered and appropriately implemented.

2. Comply with EMC Section 23.26.090A.3, Soil Preparation, Mulch and Amendments.

I. Maintenance Requirements. The following shall apply to all native landscape areas:

1. Approved and installed native landscape areas shall be perpetually maintained by the property owner, assignee or any successors in interest in the property/homeowners' association.

2. Native landscaping areas shall be maintained in accordance with industry standards, best practices, and the most current technical guidance available, at the discretion of the licensed landscape architect or other professional native plant landscaper.

3. Trimming native plants and trees shall be permitted when necessary for public safety and/or fire management requirements as well as to prevent obstruction of pedestrian walkways, access passageways, vehicular sight-distance visibility, or to ensure adequate clearance for fire safety and maintenance operations. It is preferred that pruning be limited to what is needed for appropriate native plant health and to maximize habitat value and pollinator use.

4. Weeding methods should prioritize non-chemical treatments including hand-pulling in smaller areas and mulching or solarizing in larger areas.

5. The City shall comply with the City's Integrated Pest Management (IPM) Policy, and as amended.

6. Coastal Bluff areas shall be maintained in accordance with EMC Section 30.34.020, Coastal Bluff Overlay Zone.

7. Native landscaped areas in stormwater infiltration or treatment areas shall be maintained in accordance with EMC Section 20.08.140, Maintenance of BMPs.

8. To the extent feasible, development projects with an existing approved and permitted native landscaped areas that are proposing a new discretionary project should try to preserve the existing on-site native plantings and trees. In areas of necessary disturbance, existing native plantings may be relocated for use in other areas on-site.

9. In areas containing invasive plant species, applicants shall remove and destroy such plants to maintain the health of existing vegetated areas.

10. Dead and missing native plants shall be replaced to be in compliance with the approved landscape plan and in compliance with this section.

11. Approved and installed native landscaped areas that have been issued a weed abatement notice shall comply with EMC Chapter 11.12, Removal of Dangerous Rubbish and Weeds, and replant the landscape areas to be in compliance with the approved landscaping plans. If a plant is not available, then the landscape architect shall select a similar southern California native plant to meet the requirements of the approved landscape plan and this section.

12. Future modifications to approved and installed native landscaped areas may require additional discretionary permits from the City and/or applicable natural resource regulatory agencies depending on the proposed scope of work, the native plant species involved, and the baseline conditions at the time of inquiry.

J. Enforcement. Projects that do not implement and maintain the project site's landscaping pursuant to the approved landscape plan on file with the City shall be in violation of the permit(s). The City would issue a warning and offer education and collaboration prior to issuing penalties and fines. If the project is not brought into compliance after the coordination with the City, then the City may issue, but is not limited to, a notice of violation, weed abatement, or stop work order suspending and/or prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until the licensed landscape architect submits a signed and stamped landscape certificate of completion form, within 10 days from the signature date on the certification form, indicating that the landscape has been installed pursuant to the stamped approved landscape plans. If plants on the original approved plant palette are no longer available, the licensed landscape architect shall select a similar southern California native plant to meet the requirements of the approved landscape plan and this section.

(Ord. 2026-07, 5/15/2026)