HomeMy WebLinkAbout1997-06-17; City Council; 14217; REVIEW OF STREET TREE ORDINANCE AND POLICIESt
a ut
tz k 4
8
2 0 5 a
$ z
2) 0 o
c
$1 ..--..- -.-r
nealY.ec?: REviEw oF STREET TREE @ DEP
MTG. .6/17/97 ORDINANCE AND POLICIES CIT’r
DEPT. cs CITY
RECOMMENDED ACTION:
If Council concurs your action would be to direct the issue of the Street Tr
Ordinance and Policy revision to the Parks and Recreation Commission for th
review and return to Council with recommendations of any changes to ordinancl
policies and regulations.
ITEM EXPLANATION:
In recent months and periodically throughout the years, issues arise which center
street trees. The usual issue has to do with tree preservation or tree removz
Dealing with trees especially street trees is very commonly a sensitive matte
There are citizens that feel trees should be preserved at all costs. Then again, thc
are other property owners that want trees removed for : view enhancement, le
leaf litter (droppage), potential driveway damage, surface roots in lawn area, insc
infestation, property enhancement projects and many other varied reasons. Mc
recently, and especially in the older part of our community, large specimen tre
(Ficus, Eucalyptus and Pines) have caused damage to the streets, curbs, gutte
sidewalks and in some cases buildings. In cases where staff has determined ti
these trees should be removed; the City, in most cases, receives strong oppositi
from concerned citizens in the area, regarding their removal. In a number of ca3
City forces have made repeated repairs to curb, gutter and sidewalks resulting frc
the roots of these trees. These repairs represent a substantial financial burden
well ais liability exposures. A complete review of existing practices, procedures a
policies would be a benefit to all persons involved in decisions regarding stre
trees.
Currently there are five (5) City documents that address street trees in Carlsbac
These documents are:
1. Carlsbad City Ordinance, Chapter 11.12, Trees and shrubs
2. City of Carlsbad Council Policy Statement No. 4 regarding Street Trees
3. Carlsbad Landscape Guidelines Manual, Streetscape Program Policies a
Requirements
4. Community Services (Parks and Recreation) Department Policy No. 31 Strc
Trees
5. Park and Recreation Commission, City Ordinance Chapter 2.36, Duties .070.
Copies of these documents are attached for your review.
These documents all provide similar information, guidelines or statues. Several
these resources are 20+ years old and in need of updating to provide consisten
with current standards. The City Council policy on street trees for example w
adopted in October 1970.
< @ 0 Existi nq Review Process
The current practice on tree removal requests is as follows:
I. Department receives request .
2. Staff reviews the request and makes determination:
a) trim tree b) remove tree c) leave tree as is; property owner is notified of sta
decision.
- Note: recently any tree removal request by citizen (other than safety hazard) i!
asked to be submitted in writing.
3. If citizens do not concur with staff, the issue may go to Parks & Recreation
Commission for analysis and recommendation.
STUDY
The primary concerns to be addressed by this study are:
0 Tree removal process
0 Tree maintenance guidelines
0 Replacement trees
0 The appeal process of staff decisions
Update regulations concerning street trees
The methodology to be used to complete this project is:
0 Work with Parks and Recreation Commission
rn Select a committee
Advertise for public participation
0 Research tree issues
rn Survey other cities
League of California Cities for publications
University of California
0 Bring suggested updated Ordinance and Policies to parks and Recrea
Commission for approval
0 Submit new ordinance and policy to Council
It is estimated this study and review of current ordinances and policies will requi
months to complete.
RECOMMENDATION
Because of the number of issues facing the City regarding current Tree Ordin;
and Policies, staff recommends that Council defer this item to the Parks
Recreation Commission for their review and suggested revisions.
, a P
FISCAL IMPACT:
This project should have very minimal costs associated with it. Except for staff tin
the costs will include mailing fees, hosted public meeting supplies and possi
limited Urban Forester consultation. Funds for these expenses are available in i
Community Services Department budget.
EXHIBITS:
I. Carlsbad City Ordinance, Chapter 11.12, Trees and Shrubs
2. City of Carlsbad Council Policy Statement No. 4 regarding Street Trees
3. Carlsbad Landscape Guidelines Manual, Streetscape Program Policies i
Requirements.
4. Community Services (Parks and Recreation) Department Policy No. 31 Str
Trees.
5. Parks and Recreation Commission, City Ordinance Chapter 2.36, Du
.070.
- 9
planting the same, the city manager, or ~
ee, shall not permit the planting of an
variety of tree, palm, shrub or plant in :
streets or other public highways which v
rnately obstruct the view of a view lot. (
Q 1: Ord. 1060A 4 3)
0
Chapter 11.12
TREES AND SHRUBS
(
Sections:
11.12.010 Jurisdiction of park and
11.12.020 Approval prior to planting. 11.12.030 Permit to remov4ost 1
11.12.030 Permit to remove-Cost of removal.
removal. No person shall, without a permit fro1
11.12.040 Fastening animals to trees. manager or his appointee, remove, destrl
11.12.050 Removal of guards and devices cut, trim, deface or in any other way injw
protecting trees. fere with any tree, palm, shrub or plant or
11.12.060 Attachment of electrical devices the life of any such tree, palm, shrub or
to trees-Trimming for passage is now or may hereafter be growing in an:
of wires. other public highway of the city.
11.12.070 Permit to trim-Trimming Such permit shall specifically describe
practices. to be done theieunder, and such pennit sha
11.12.080 Space to be kept clear around after thirty days from the date of issuanl
11.12.090 Safeguarding of trees during up to sixty days may be granted by the city
or his appointee.
11.12.100 0 verhangi ng trees. The cost of removal of any tree, palm,
11.12.110 Interference with city plant at the request of and for the benefit (
employees. nience of a property owner shall be paid fo
11.12.120 Notification of trees damaging property owner.
public sidewalks. Where an existing tree, palm or shrub
11.12.130 Uniform street planting map. access to a building site, such tree or plan1
removed at the applicant's expense upon
of proper removal permit from the city ma
recreation department. , his appointee; provided, that a valid buildic
has been issued for the construction of the j
ment necessitating the removal of the tree 1
In the event that trees or plants are so 1
in conformance with this section and the i
ment for which the building permit was i
not constructed within six months of the
issuance, the holder of the removal permit
liable for the replacement cost of trees or j
equal size and variety to those remove(
1060A Q 4)
recreation department.
base of trees, filing of a written request, an extension of
building construction or repair.
11.12.010 Jurisdiction of park and
The community services department shall exercise
jurisdiction and control over the planting, mainte-
mce, care and removal of trees, palms, shrubs or
Plants in all streets or other public highways of the city, and shall have such power, authority, jurisdic-
tion and duties as are prescribed in this chapter.
(Ord. NS-286 0 3 (part), 1994; Ord. 1060A 0 2)
11.12.020 Approval prior to planting.
No tree, palm, shrub or plant shall be planted in
my of the streets or other public highways of the
city until the city manager, or his appointee, shall
have first approved the kind and variety, designated
the location therefor and granted the permit for
'
33 1 (GL
EXHIBIT
- e
01 television wires or conductors, poles, sta
buildings or signs, written permission from 1
manager or his appointee shall be obtained
any pruning or trimming may be done. Al
work shall be done in a manner consister
good tree surgery practices, taking into considc
the shaping of the trees or plants and safety I
sons and property. (Ord. 1060A 9 9)
11.12.080
0
11.12.040 Fastening animals to trees,
NO person shall hitch or fasten any kind of ani-
mal to any tree, palm, shrub or plant now or hereaf-
ter growing in any street or other public highway of
the city; nor shall any person cause or permit any
animal to stand or bc near enough to any tree, palm,
shrub or plant, to bite or rub against, or in any
manner injure or deface the same; nor shall any
person place a post for hitching of animals within
five feet of any tree, palm, shrub or plant now or
hereafter growing in any street or other public high-
way in the city. (Ord. 1060A Q 5)
11.12.050
Space to be kept clear arOun
base of trees.
No person without the written permit Of th
manager or his appointee, shall place or ma
upon the ground in any street or other public
way of the city, stone, cement or other ma
without leaving an open space not less than
square feet around the trunk of any tree of less
six inches in diameter, and for every three inch
increase in such diameter there must be an incr
of at least one square foot of open ground in
shape as to afford the most root area practical. 5
opening shall be in accordance with city Engin
ing Department Standard Drawing No. 1-9. Whei
er there is no such open space about any exis1
tree in any street or other public highway of
city, the city manager or his appointee may m:
such open space or cause the same to be ma
(Ord. 1060A 0 10)
11.12.090 Safeguarding of trees during
Removal of guards and devices
protecting trees.
No person shall remove, injure or misuse any
guard or device placed to protect any tree, palm,
shrub or plant now or hereafter growing in any
street or other public highway of the city. (Ord.
1060A § 7)
11.12.060 Attachment of electrid devices to
trees-Trimming for passage of
wires.
NO person shall attach any electric wire, insulator
or any other device for holding electric, telephone,
television or conductor wires to any tree, palm,
shrub or plant now or hereafter growing in any
street or other public highway of the city. No person
shall, without written permission from the city man-
ager of his appointee, trim, cut or break any part of
Such tree, palm, shrub or plant, in order to make
passage for such wires or conductors. Every person
having any wire charged with electricity or carrying
electronic or other signal impulses shall securely
fasten the same so that such wire or conductor shall
not come in contact with any tree, palm, shrub or
plant in any street or public highway of the city. (Ord. 1060A 3 8)
11.12.070 Permit to trim-Trimming
building Construction or repair.
In the erection, alteration, moving or repair
any building, structure or other object, the own
thereof, or his agent, shall place or cause to 1
placed, such guards around ail nearby trees in tl
street or other public highways of the city as shz
effectually prevent injury to them. (Ord. 1060A
21)
11.12.100 Overhanging trees.
The owner or his agent, of every lot or parcel o
land in the city upon which any trees, palms, shrub:
or plants are now or may be hereafter standing, shal!
trim, or cause to be trimmed, the branches thereoi
so that the same shall not obstruct the adequate
practices.
When any tree, pdm, shrub or plant now or
hereafter growing in any street or other public high-
way of the city interferes with electricaI, telephone
(carlsbbd 10-94) 332
I 0 0
passage of light from any street Light located in any
street or other public highway adjacent to the street
or sidewalk and such owner or his agent trim all
branches of any trees, palms, shrubs or plants which
overhang any street or other public highway, so that
there shall be a clear height of eight feet above the
surface of the street or other public highway unob-
structed by branches; and such owner or his agent
shall remove from such trees, palms, shrubs or
plants all dead, decayed or broken limbs or branches
that overhang such sweet or other public highway,
and when any such trees, palms, shrubs or plants are
dead, such owner or his agent shall remove the
same so that they shall not fall in the street or other
public highway. (Ord. 1060A 5 12)
11.12.110 Interference with city employees.
No person shall prevent, delay or interfere with
any employee of the community services depart-
ment, or contractors employed by the city in the
planting, pruning, cultivating, dusting, spraying or
removal of any tree, palm, shrub or plant which is
now or may hereafter be growing in any street or
other public highway in the city, or in the removal
of stone, cement or other material from about the
trunk of any ttee, palm, shrub or plant which is
growing in any street 01 other public highway of the
city. (Ord. NS-286 9 3 (part), 1994; Ord. 1261 3 13,
1983; Ord. 1060A $ 13)
11.12.120 Notification of trees damaging
pubIic sidewalks.
11.12.130 Uniform street planting
The city manager or his appointee >
time to time, prepare plans or lists, u
designate, by means of a map of the cit
uniform method of street tree planting, 2
tain streets, or portions thereof, for a Cer
men of trees and shrubs, showing the &st
of trees or shrubs, and the place where e;
shrub is to be planted; and the city man:
appointee shall submit this plan to the
recreation commission for their '~poyd '
cation. After the same has been approv
park and recreation commission and the
ager, the same shall be submitted to the cii
for modification or adoption by that bod
amendments that may be deemed dvisabl
governed by the proceedings outlined abc
If and when the uniform plan in its 01
modified form is adopted by the city counc
become the tree planting plan for the strec
city and shall be strictly adhered to in a
street planting improvement projects anc
removal or replacement of trees, shrubs or
streets in the city. The uniform plan of tree
may, but need not, be adopted by the city
at one time, but the council may adopt the
street tree planting plan for different portioi
city within a reasonable length of time a
completed plan for any particular portion of
has been submitted to the city council.
The city manager or his appointee sk
copies of this plan made and the same shall
on file in the ofice of the community semi
partment and may be obtained by the public
PIS-286 9 3 (part), 1994; Ord. 1060A 0 15)
i
The duty is imposed upon a property owner to
notify the community services department when any
tree, palm, shrub or plant in a public street adjacent
to his property is injuring or damaging any public
sidewalk. ?he city manager or his appointee is
authorized to have removed, at the expense of the
city, such tree, palm, shrub or plant, or to otherwise
remedy the dangerous condition. (Ord. NS-286 $ 3
(part), 1994; Ord. 1060A 0 14)
i
333 (Carkb
i' x. \. i
0 Cancellation I L Su erscdes No
Copies to: City Council, City I.;anager, City Attoi-ney, Departmc Division Heads, Employee Eul letin Boards, Press, F
'Specific Subject: eeet Trees
-_
PURPOSE:
To state City policy regarding removal and replacement of stri trers -
STATEMEtlT OF POLICY:
1. The City will make every effort to trim and spray street - according to a regular schedule within the limits of avai ma n p ovrt r .
2. Dar,cJt"r-ous street trees will be removed and replaced as ex] tiously as possible. Dead trees will be removed and repll as work schedules permit, as will trees that are damaging ~til ks, curbs and gutters.
3. Replacement street trees will be of the same species as ti
recioved unless another species of street tree is- designat( the niaster street tree plan.
4. Indi-ciduals or neighborhoods may request repyacement of s trees by another species due to excess leaf drop, blockag
I I terest is served. Except where allergies are indicated, ' placement trees must be uniform and of an improved specie( othervise approved by the Parks and Recreation Commission
Par. and Recreation Departmen t@
Policy No. 31
STREET TREES I
It is the policy of the Parks and Recreation Department to provide safe, healthy thriving street trees for the citizens Carlsbad.
TRIMMING :
City trees are to be maintained to keep them in a safe, heal
thriving condition.
Any safety hazard or Dbstruction caused from, or created by
city tree will receive priority treatment.
Citizen requests for trimming will first be reviewed by the I tree supervisor and then scheduled as to the need for
maintenance.
Not all requests will be determined to require trimming.
It is the goal of the ?arks and Recreation Department to trin every tree on a 7 to 10 year turn around cycle.
( REMOVAL :
The removal of city street trees follows the listed guideline
1. No tree is to be removed from any right of way area
until Parks and Recreation Dspartment approval is given.
2. Trees are to be removed if:
a. They present a hazardous condition as determini
by the Parks and Recreation Department that car
be corrected by other maintenance actions.
b. They are dead diseased or declining in health
c. They have caused damages to sewer lines - as validated by three (3) receipts or three (3) written statwents from plumbing companies. Th will also be verified by Sanitation Department
staff .
factors.
d. They have caused damages to sidewalks, curbs,
gutter, driveways or utilities. r,
0 0
(
TREE REPLACEMENT:
1. Trees that have been removed will be replaced upon r-ec of resident or citizen.
2. Trees that are re7laced are to be planted a minimum of
(feet) back from any curb, gutter and driveway and 5'
back from sidewalk. The resident shall be responsible
the planting and care.
3. The tree will be 15 gallon in size and be supplied by
4, Only approved trees from the street tree list will be
city.
allowed.
ROOT PRUNING:
1. Evasive roots will be pruned when they are deemed to c.
a hazardous condition.
(
*Parks staff will not prune trees growing within 5' (feet) c
main trunk electrical lines of SDG6tE. Staff Will notify SD( any needs for tree maintenance on or near high voltage line:
(
0 e
STREETSCAPE PROGRAM 1 ( POLICIES AND REQUIREMENTS mm A
D.l-1 Landscaping shall accentuate positive, natural, historical, and architectural
elements of Carlsbad.
D.l-2 Landscaping shall be designed toward a goal of providing a pleasing and safe vehicular and pedestrian experience.
The City is establishing these policies and requirements to ensure that sidewalks and other pedestrian walkways are safe for pedestrian use and that cracking or buckling of sidewalks and other pedestrian walkways will be eliminated or minimized. The City is not a guarantor of perfectly flat sidewalks and can only maintain them within its reasonable budgetary powers. However, these standards
are being established to prevent, to the maximum extent possible, tree roots from invading, disrupting or destroying City sidewalks. Although it remains the property owner's duty to notify the City if a problem arises and liability to third persons may need to be judicially determined, it is hoped that with the City's routine inspection and maintenance program and these policies and requirements, such incidents will be minimized.
Landscaping along arterial roads shall be consistent with the themes and
standards set forth in this section so as to provide visual linkages and identities.
D.l-3
D.1-4
D' A
- Arterial landscaped medians
- Manufactured slopes abutting publidprivate streets
- Frontage setbacks
- Rear and side yards that abut publidprivate streets
mm (-
A: 0 A -- Bm -=r
Including but limited to:
- General Planting and Irrigation Policies and Requirements
- Water Conservation Policies and Requirements
- Installation, Bonding, and Maintenance Requirements
3 AD 8 A
PLANTING
lilkl mi
D.3-1
D.3-1.1 SIGHT DISTANCE
D.3-1.1-1 Landscape elements over 30' in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of cuwes and end of curves. (See Appendix C.4).
The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45" in toward the property.
(\
I
PC
e e rn STREETSCAPE PROGRAM POLICIES AND REQUIREMENTS (cont)
D.3-1.1-2
D.3-1.1-3
Sight lines shall be maintained at driveways.
In addition to the requirement above (D.3-1.1-1), on collector streets and great1
Cal Trans Sight Distance Standards shall apply to the height restriction stated
D.3-1.1-1.
D.3-1.2 STREET TREES
D.3-1.2-1 Provide a minimum of one tree for every 40’ of street frontage. Trees may be planted on center or grouped.
If the streetscape is along a major or prime arterial, the street tree planting sf conform to the “Arterial Road Themes” (refer to Section IV.D.4 and Appendix (
D.3-1.2-2
D.3-1.2-3 Locate street trees:
a. A minimum of 3’ outside the public right of way (except within the
“Redevelopment Zone (VR Zone) and Beach Area Overlay Zone” where
street trees may be allowed within the R.O.W. if approved by the City).
b. A minimum of 5’ from paving.
d. Not in conflict with public utilities.
e. Not be allowed on street comers within a triangular zone drawn from t!
points, 25’ from the beginning of curves and end of curves or within sig lines as described under “Sight Distance” above. (See Appendix C.4).
Trees planted within 5’ of public sidewalks shall be installed with root barriers
approved by the City.
c. A minimum of 7’ from any sewer line,
D.3-1.2-4
D.3-2 IRRIGATION
D.3-2.1 WlTHIN PUBLIC RIGHT-OF-WAY
D.3-2.1-1 Be automatically controlled.
D.3-2.1-2
D.3-2.1-3
Use only pop up heads or drip system.
Designed and be installed with every effort made to eliminate spray or runoff on streets or sidewalks. mm A .*m 9
D.4-1 CONCEPT
D.4-1.1 These roadways will carry large volumes of traffk into and through Carlsbad. TI provide the means for an initial and repeated exposure to the City’s physical setting. Their visual corridors play an important role in developing an image I
Carlsbad. This image creates an enduring impression to aid in the City’s sensc place and community pride.
Specific criteria has been set for the landscaping along the prime and major
arterial roadways. These routes will each have individual streetscape themes
D.4-1.2
m 2 Policies and Requirements
0 0
STREEBSCAPE PROGRAM 1 ( POLICIES AND REQUIREMENTS
(cent)
creating a recognizable identity for each particular thoroughfare or segment of
thoroughfare. The themes are based on the character or heritage of that specific area of Carlsbad.
D.4-2 TREE TYPES
The specific trees creating a streetscape theme have been pre-selected by the City. Each theme shall be made up of four (4) types of trees: “Theme”, “Support”, “Median”, and “Project Identity/Accent Trees”.
PERCENTAGE OF TOTAL
STREETSCAPETREES
(includes street tree requirement plus adjacent setbacks)
NIA Median Island lkees -These trees shall be installed as part of the required street improvements.
Theme Trees - These trees set the overall character of
the streetscape and are located along the roadside but outside the right-of-way. (See D.3-1.2-3.)
Support ks - These trees were selected to complement the theme tree. Select trees from those listed which fit the project site conditions.
rather the applicant can choose the best tree for their project and submit it for City approval.
50%
( 100% of standard D.3- 1.2- 1)
30%
Project Identity/Accnt lkees -These trees are not pre-selected, 20%
(
D.4-3 MEDIAN LANDSCAPE CONSTRUCTION REQUIREMENTS
D.4-3.1 Construction drawings for concrete surfacing and landscaping shall be submitted
on separate sheets as part of the STREET IMPROVEMENT PLANS.
Related to landscaping standards for public improvements, the order of precedents shall be: D.4-3.2
1. Landscape Manual
2. “City of Carlsbad Standards” 3. Standard Specifications for Public Works Construction (“Green Book”)
Plans shall be approved by the City Engineer and Parks and Recreation Director. D.4-3.3
D.4-3.4 MEDIAN CONCRETE
D.4-3.4-1 The median layout shall be in conformance with the “Arterial Median Layout” (see
Appendiv C.2).
Concrete color and pattern shall be as specified under “Arterial Streetscape Themes” (see Appendix C.l) and as approved the Parks and Recreation Director.
Prior to installation, a 10 x 10’ square sample shall be poured at the job site. This sample shall be approved by the City prior to installation of the median concrete.
Concrete shall be a minimum of 560-C-3250 with 6 x 6 - 10 x 10 welded wire mesh throughout.
D.4-3.4-2
D.4-3.4-3
D.4-3.44
t
Policies and Requirements u
0 e t 2.36.010 1-
Chap ter,236 236.030 Compensation of members
The park and recreation cornmisslo
as such without any compensation. (C
(
6) PARK AND RECREATION COMMISSION
Sections: 2.36.040 Chairman.
236.010 Created. The appointed members of the park
2.36.020 Membership-Terms- ation commission shall elect tk
Vacancies. chairman, who shall preside at all mee
236.030 Compensation of members. chairman, as elected by the commiss
hold office for a term of one year from 236.040 Chairman.
tions shall elect a new chairman at eact 236.070 Duties. ing year. One chairman may serve for I 236.080 Powers generally. one successive term. (Ord. 1025 9 3) 236.090 Funds-Disposition of moneys.
236.100 Budget. 236.060 Meetings." 2.36.110 Powers delegated to commission The park and recreation commiss
meet at such time or times as the mem
in their discretion see fit; provided, 1
236.010 Created. meetings be held at least once each mc
majority of the appointed members s
is created. (Ord. 1025 tj 1) stitute a quorum for the purpose of tri
the business of the commission. (Ord.
his date of election. Thereafter, succei 236,060 Meetings.
to be advisory.
A park and recreation commission for the city
'.
236.020 Members hi p-Terms-Vacancies. *As to attendance of city manager at commission rn
The park and recreation commission shall
Consist of seven members, who may be persons
provided, however, that the number of members
of such commission who are not officials of the
city shall exceed the number of members who
may be officers or employees of such city. Mem-
bers are to be appointed by the mayor and shall
be approved by the city council. Of the members of the commission first appointed hereunder,
for a term ofthree years, two shall be for a term of
two years and two shall be appointed for a term of
one year. Their successors shall be appointed for
the terms of four years. If vacancies shall occur
otherwise than by expiration of the term, they
shall be filled in the same fashion as the original
members were appointed. (Ord. 1025 tj 2)
Section 2.12-125.
f who hold an office or a position with the city; 236.070 Duties-
The park and recreation commissi
have the power, and it shall be the du
commission, to make recommendatioi
city council and to advise the council ir
pertaining to the creation, operation,
nance, management and control of con
recreation programs, of playgrounds an(
and outdoor recreations, activities and f
ad,&e and make recommendations to
councfi of matters pertaining to plantin
ming, pruning, and care of all trees, sk
plants and to the removal of all objec
trees, shrubs and plants in and upon an
park, pleasure ground, boulevard, alley o
place of the city. (Ord. 1025 4 7)
One shall be for a term Of four yea, two shall be Further, it shall be the duty ofthe comm
i
58- 1
EXHIBIT