When permitted trees are removed, it is required that replacement trees be installed. The tree then must be verified that it is still healthy each year for five years. The tree requirements are based on the Recommended Tree Densities Table 17.48-A of Section 17.48.080, Tree Removal and Replacement, of the Carmel-by-the-Sea Municipal Code.
“A. Tree Replacement. When tree replacement is required by this chapter, the following requirements apply.
1. Location. Replacement trees shall be planted on site unless the City Forester recommends that replacement trees be located in the public right-of-way or in an adjacent park/open space area. 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.
2. Tree Quantity. The number of replacement trees required when approving tree removals shall be based on the size of the lot, as listed in Table 17.48-A, the characteristics of the surrounding neighborhood and protection of significant public views, scenic routes and corridors. In some areas fewer trees or only lower canopy trees may be most appropriate.
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Table 17.48-A: Recommended Tree Densities
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Lot Size (Square Feet)
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Upper Canopy Trees
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Lower Canopy Trees
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0 – 4,000
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3
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1
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4,001 – 6,000
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4
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3
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6,001 – 8,000
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5
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4
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Over 8,000
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As determined by the Forest and Beach Commission
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As determined by the Forest and Beach Commission
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3. Tree Species. Replacement trees shall be the same species as the removed tree or another species listed on the Tree Species List and as approved by the City Forester except that particular emphasis shall be placed on maintaining a significant population of native Monterey pine, coast live oaks and Monterey cypress on a City-wide basis. Replacement Monterey pine trees shall be of local genetic stock.
4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height to produce an immediate visual impact and reduce the incidence of unauthorized removal. Replacement trees shall be a minimum 24-inch box size except for Monterey pines, which shall be a minimum 15-gallon size. Larger sizes may be required by the Forest and Beach Commission, or the Planning Commission based in specific design considerations applicable to the project. The City Forester may authorize the use of smaller sizes when trees meeting these standards, or meeting specific conditions of approval, are unavailable.
5. Monitoring and Maintenance. Replacement trees shall be recorded and monitored for at least five years to ensure their establishment and growth to maturity. The City will inspect the replacement trees annually on or around each October, with proper notification, to ensure adequate maintenance. Replacement trees that do not survive or are removed shall be replaced at the owner’s expense. If, at any time during a five-year inspection period, the 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. (Ord. 2013-05 (Exh. A § E), 2013; Ord. 2009-07 Att. A, 2009; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).”
Section 17.48.150, Enforcement, outlines fines for violations of any section of Section 17.48.
“A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall constitute an infraction.
B. Penalties. 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.”
Analysis
If a tree is not replanted 30 days after the removal permit issuance, a letter should be issued by the City to the property owner extending the planting time period by 30 days as a grace period. This would not apply to construction projects, in which case tree planting is required before building permit sign off. If the tree still goes unplanted, a conviction and fine of $250 should be issued. If the tree still goes unplanted, a conviction and fine of $500 should be issued for every 30 days until compliance is achieved.
In the event that the replacement tree dies within five years of planting, the process of convictions and fines should resume. If at any point, the property owner contacts the City in an attempt to comply with the planting requirements in good faith, the convictions and fines may be suspended.
In the case that a property owner cannot plant a required tree on their property, the current market value of a tree should be paid into the City's Reforestation Fund. The current market value to plant and properly maintain a tree through its establishment period should be $800. This includes the cost of the tree, transport, mulch, staking materials, and labor for planting and watering every other week for at least one year. Curretnly, the City's tree in-lieu fee is $250.