The 14 trees on Melba Rd. in question

It wasn't everything neighbors in Encinitas were asking for. The planning commission last week approved only five of the 14 trees on Melba Road for which they are seeking heritage status.

But their efforts have brought greater protection for the urban forest and put developers on notice: instead of being nominated as individuals, trees can now be considered as a group, like the five Torrey pines deemed a "heritage grove."

In January 2023, the city council amended the tree ordinance to include this new definition of a group of trees that together meet one or more heritage tree criteria. To be designated, a tree must be one of the oldest, largest or most unique of its kind; historically significant; or a defining feature of a neighborhood.

While each tree individually may not fully meet the criteria, as a grove they may.

When are trees a heritage, and when are they just a bunch of big plants?

Google Earth

"A grove is the big trees and the smaller trees that perhaps grew from the cones that fell down near it," said chair Kevin Doyle, who argued for including three trees that were excluded for being on private property.

"If we're going to truly treat this as a grove, they count also. They are under the shelter of these other five trees that clearly meet the specifications. I want to set a precedent here that a grove is a grove. It's not just the big tree."

Designating trees as a group can help protect a larger ecosystem of trees, and it can slow down development projects like Torrey Crest, a proposed 30-home development on a seven-acre parcel that would result in the removal of 172 trees. Neighbors have criticized the project, which includes 27 market rate and three very low income homes, for the traffic and pollution it will bring.

Under the city's urban forest management program, the classification restricts tree removal during construction projects. While the developer planned a one for one tree replacement, applicant Jeryl Anne Kessler opposed this swapping of mature trees that provide shade and wildlife habitat.

American kestrel perched on one of the grove's Torrey pines

Glen Jensen

Ten of the fourteen trees in the application for a heritage grove are city-maintained in the public right-of-way; three are city-maintained on private property; and one is privately cared for on private property, planners said.

Designation on private property requires owner approval, and four of the 14 trees were kicked out because they're on private property and the developer never agreed.

"Torrey Pacific Corporation does not consent to designating any onsite tree or boundary-line tree as a Heritage Tree on the parcels associated with 1220-1240 Melba Road and 1190 Island View Lane," a letter to the city reads.

One tree had already been designated heritage in 2022, while another fell during a storm this year. Three trees in front of 1000 Oceanic Drive and 1005 Wotan Drive weren't recommended due to size and condition.

The five Torrey pines recommended for approval are in the public right-of-way in front of 1000 Oceanic Drive and 1202 and 1250 Melba Road. These trees were found to be a defining feature of the neighborhood.

According to the developer, two of the approved trees in the public right-of-way were previously slated to be removed during the project, as required by the city to make improvements to the property frontage of Melba Road.

The removals were added to the project plans now under review by planners.

For those two city trees and four other private ones, developers said the tree advocates "may be glad to know" there's another option to keep them standing. Should officials choose, the city can waive the public road standards.