HomeMy WebLinkAbout2000-06-13; City Council; 15784; Street Tree Policy-
CITY OF CARLSBAD -AGENDA BILL
AB# / 5 78f TITLE:
THE FINANCIAL ANALYSIS AND IMPLEMENTATION
MTG. 6/13/00 OF A STREET TREE POLICY
DEPT. HD.
CITY All-Y.
CITYMGR. %t
RECOMMENDED ACTION:
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Adopt by minute motion Council Policy Statement No. 4 pertaining to street trees.
Adopt Resolution No. 2000-182 directing staff to include $83,000 in the Fiscal Year
2000-01 budget for the implementation of a,comprehensive street tree program in the
City of Carlsbad.
Adopt Resolution No. 2000-183 directing staff to include $151,000 in the Fiscal Year
2000-01 budget for the implementation of the Accessory Recommendations created by
the Citizen Committee to Study the City’s Tree Policy.
Adopt Resolution No. 2000-184 establishing an appeal fee to defray the City’s costs for
processing appeals to the Tree Commission.
Direct City Attorney to title and introduce Ordinance No. NS-545 amending Title 11,
Chapter 11 .I2 of the Carlsbad Municipal Code, “Trees and Shrubs”.
Direct City Attorney to title and introduce Ordinance No. NS-547 amending Title 2,
Chapter, Chapter 2.36 of the Carlsbad Municipal Code regarding the powers and duties
of the Parks and Recreation Commission.
ITEM EXPLANATION:
At its meeting of June 6, 2000 the City Council directed the City Attorney to return with
documents memorializing its decision to:
l Adopt a Street Tree Policy
l Amend Chapter 11 .I2 pertaining to trees and shrubs;
l To fund the implementation of a comprehensive Street Tree Program;
l To expand the powers and duties of the Parks and Recreation Commission to
administer and implement the comprehensive Street Tree Program; and
l To establish appeal fees to defray the City’s costs for processing appeals to the Parks
and Recreation Commission under the comprehensive Street Tree Program.
Those documents are attached for your consideration. The Council should satisfy itself that
these documents reflect its intent as expressed in its meeting of June 6, 2000.
FISCAL IMPACT:
The fiscal impact of adopting and implementing these recommendations are set forth in
Agenda Bill 15,769 presented at the Council’s meeting of June 6, 2000.
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Agenda Bill No. 1s; 7 bq
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ENVIRONMENTAL REVIEW:
No significant action is contemplated as a result of this policy until the Community Forest
Management Plan is developed and recommended by the Parks and Recreation
Commission and adopted by the City Council. That plan will undergo environmental review
prior to its implementation.
EXHIBITS:
1. Council Policy Statement No. 4
2. Resolutions No. 2000-I 82 and 2000-I 83
3. Resolutions No. 2000-184
4. Ordinance NS 2000-545
5. Ordinance NS 2000-547
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Streets
Specific Subject: Street Trees
. Page 1 of 4
Policy No. 4
Date Issued June 13,200O
Effective Date June 13, 2000
Cancellation Date
Supersedes No. 4 (Dated
1 l-02-99)
Copies to: City Council, City Manager, City Attorney, Department Heads and Division
Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
The City Council determined that the Street Tree Policy needed to be updated to ensure the
preservation, proper maintenance and continued enhancement of public trees.
PURPOSE:
Establishing a policy for the preservation, proper maintenance and continued enhancement of
street trees in the City of Carlsbad.
POLICY
The following street tree policy shall be established:
I. Tree Planting
A. It shall be the goal of the City to maintain a tree population m
approaching 90% of all qualified (valid) tree sites within the developed right-of-way of
the City.
B. The City’s Community Forest Management Plan shall set forth standards for planting,
removal, replacement, maintenance and the preservation of street trees. The Plan will
also target reforestation in areas of the City that do not have a healthy tree population.
II. Tree Removal
A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for
street widening, until viable alternatives to tree removal have been investigated.
Alternatives to tree removal will be referred to the Public Works Manager/General
Services, or his/her designee, to allow for such alternatives to be considered prior to the
removal of such a tree.
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B. It shall be the intent of the City not to remove any tree solely for the cause of damage
to hardscape or for the cause of routing underground or overhead utility lines. Trees
causing damage to sidewalks, curbs, gutters or pavement shall be inspected by a City
arborist. Alternatives to tree removal, if any, will be included in a written report by the
City arborist. The written report will be submitted to the Public Works Manager/General
Services, or his/her designee. The Public Works Manager/General Services will decide
which alternative, if any, to implement.
C. The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree.
D. Any person may request the removal of a street tree, which is not dead, dying,
hazardous or in such a condition that the City would not normally remove the tree by . . making a formal appeal to the Trda Parks and Recreation Commission.
Such a request shall include the reason for the request for removal.
E. Potentially hazardous, dead, dying or diseased trees shall be inspected by a City
arborist. Upon the written recommendation of the arborist for the removal of
hazardous, dead, dying or diseased trees, a Letter of Notification will be posted in
accordance with Section 11.1.
F. The City will not remove any tree solely for the cause of view restoration.
G. Consideration for tree removal will be given a priority rating depending on the following
factors:
1. Service Life
2. Damage to utilities and/or sewer lines
3. Damage to hardscape
4. Conformity of the existing tree to recommended species list
The highest priority removal shall be given to trees meeting all four factors. The
second priority will be given to trees meeting three factors, etc.
H. All tree removals, whether by the City, contractor, or resident shall include the
removal of the tree stump and the removal of all stump grinding chips and the back-
filling of the hole created by stump removal with a good quality top soil suitable for the
replanting of a replacement tree.
I. All trees recommended for removal shall be posted by attaching the Letter of
Notification and a non-removable marking upon the subject tree a minimum of 30 days
prior to their removal. In addition, notification in the form of a written notice shall be
given to the owner of the property where the tree will be removed, and the owner on
the adjacent properties and the owners on the property directly opposite, and the
owners of the properties adjacent to the opposite property. Notification shall include,
but not be limited to the following information:
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1. The location of the tree
2. The reason for the tree’s removal
3. The date of the scheduled removal
4. The species of tree to be planted
5. The size of the tree to be replanted
6. The date by which an appeal must be made to the Trna . .
Parks and Recreation Commission.
7. A description of the appeal process
J. The City will not use a clear-cut tree replacement strategy for the management of street
trees. Where practicable, and when adequately planned, alternative tree sites will be
planted a minimum of five years prior to the removal of a street tree for the purpose of
reforestation.
K. No Heritage Tree shall be removed except if it is determined by a City arborist that
such a tree is creating a hazard, or by formal appeals process.
II. Tree Replacement
A. It shall be the goal of the City to replace all removed street trees. The species and
approximate date of the replanting shall be included on the notice of tree removal as
specified in Section 11.1.
B. It shall be the goal of the City to replace all removed street trees within 45 days of their
removal if the tree site meets the minimum specifications for a valid tree site.
C. Tree sites not meeting the minimum specifications for a valid tree site will not be
planted.
D. All removed trees shall be replaced with a tree of the same species as removed, except
where the removed species does not conform to the recommended species approved
by the City, or the conditions existing at the valid site. No tree shall be planted into the
public right-of-way that does not comply with the “Uniform Street Planting Map”
approved by the City.
E. Trees touching or nearly touching high-voltage utility lines shall be replaced with a
recommended species.
F. All tree replanting shall be with a minimum 15-gallon container tree, except when a
person agrees to pay the difference in cost of a larger replacement tree size and any
additional costs associated with the planting of a larger tree.
G. A person may request replacement of a street tree species specified by the “Uniform
Street Wanting Map”, with another species, only when there is a medical allergy
certified by a medical doctor. The replacement tree will be approved by the City
arborist and the Public Works Manager/General Services. All trees removed for this
reason must be replaced with a tree listed as an approved species by the City.
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H. The City will allow short-term rotational plantings.
I. The General Services Department of the Public Works (MSA) will review the approved
species list annually and will add and delete tree species based on their adaptability
to street tree sites in Carlsbad.
IV. Tree Maintenance
Standards for tree maintenance shall be developed and incorporated into the
City’s Community Forest Management Plan, which shall be adopted by resolution of the
City Council.
V. Appeals
A. . . Any person may request a formal appeal to the Trnn Parks and Recreation
Commission within thirty (30) calendar days of the posting of a City Tree for:
1. the location or species of any street tree selected by City staff for
planting at a specific location; and/or
2. a staff recommendation for the removal of any non-hazardous street tree.
B. . . Any person may request a formal appeal to the Trdd Parks and Recreation
Commission for:
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the removal of a street tree which is not dead, dying or diseased; and/or
the removal of a street tree that is listed as a Heritage Tree; and/or
the removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities.
. . C. If them Parks and Recreation Commission denies an appeal, the
applicant may request a final appeal to the City Council within ten (10) calendar days
of the Commission’s decision.
D. Fees for an appeal shall be determined by resolution of the City Council.
E. Appeals will be made by submitting a Tree Appeal Form available from the office of
the Public Works Department.
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RESOLUTION NO. 2000-I 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING STAFF TO INCLUDE $83,000 IN THE FISCAL
YEAR 2000-01 BUDGET FOR THE IMPLEMENTATION OF A
COMPREHENSIVE STREET TREE PROGRAM IN THE CITY OF CARLSBAD
WHEREAS, the City Council recognizes that trees contribute greatly to the health, safety
and general welfare of the citizens of Carlsbad; and
WHEREAS, the City Council is dedicated to the preservation, proper maintenance, and
continued enhancement of a community forest in the City of Carlsbad; and
WHEREAS, the appropriation of funds from the City’s General Fund will enable the City to
implement a comprehensive Street Tree Program that will contribute to having a healthy, well
maintained community forest; and
WHEREAS, there are sufficient funds from the Council contingency account in the
General Fund to implement the first year of a comprehensive, citywide Street Tree Program.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. That staff is directed to include $83,000 in the Fiscal Year 2000-01 budget for the
implementation of comprehensive citywide Street Tree Program.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 13th day of e 9 2000 by the following
vote, to witt:
AYES: Council Members Lewis, Hall, Finnila, and Nygaard.
NOES: None
ABSENT: Council Member Kulch
4lTEST:
&h*-
L -IME M. WOOD, City Clerk (SEAL)
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RESOLUTION NO. 2000-I 83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING STAFF TO INCLUDE $151,000 IN THE
FISCAL YEAR 2000-01 BUDGET FOR THE IMPLEMENTATION OF THE
ACCESSORY RECOMMENDATIONS CREATED BY THE CITIZEN COMMITTEE TO STUDY THE CITY’S TREE POLICY
WHEREAS, on November 2, 1999, the City Council created a Citizen Committee to study
the City’s Tree Policy to review, update and change, as appropriate; and
WHEREAS, after careful consideration, the Citizen Committee submitted its final report
and recommendations to the City Council; and
WHEREAS, the Committee determined that a number of issues should be addressed by
the City in order to create a comprehensive and functional tree policy for the entire City; and
WHEREAS, these issues are called the Accessory Recommendations List, which can be
found on page 18 of the Committee’s Final Report; and
WHEREAS, staff concurs with the Committee’s recommendations that these issues will
help create a comprehensive and functional tree policy for the entire City; and
WHEREAS, the appropriation of funds from the City’s General Fund will enable the City to
implement the Accessory Recommendations List; and
WHEREAS, there are sufficient funds from the Council’s contingency account in the
General Fund to implement in the first year of the Accessory Recommendations List.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
II follows:
1. That the above recitations are true and correct.
2. That staff is directed to include $151,000 in the Fiscal Year 2000-01 budget for the
implementation of the Accessory Recommendations List from the Final Report of the Citizen
Committee to Study the City’s Tree Policy
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
Xy of Carlsbad held on the day of 13 th JUlW , 2000 by the following
Jote, to witt:
AYES: Council Members L Hall, Finnil
NOES: None
ABSENT: Council Member
4TTEST:
n (SEAL)
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RESOLUTION NO. 2000-I &4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING AN APPEAL FEE
TO DEFRAY THE CITY’S COSTS FOR PROCESSING
APPEALS TO THE PARKS AND RECREATION COMMISSION
WHEREAS, the City Council of the City of Carlsbad has the authority to establish
fees for City services; and
WHEREAS, the City Council finds that an appeal fee is necessary to defray the
City’s costs for processing appeals from decisions of the City Manager acting through
the Public Works Director for planting and removal of street trees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That an appeal fee for processing appeals to the Parks and Recreation
Commission in the amount of one hundred twenty dollars ($120.00) is hereby adopted
and shall be incorporated into the City’s official fee schedule for general city services for
the City of Carlsbad. The fee shall become effective on July I,2000 and shall be
reviewed on an annual basis. Only one fee per appellant regardless of the number of
trees shall be collected.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held on the 13th day of June , 2000 by the following vote,
to wit:
AYES: Council Members Lewis, Hall I-F innila, and Nygaard.
NOES: None
ABSENT: Council Me
NE M. WOOD, City Clerk
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ORDINANCE NO. NS-545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, REPEALING TITLE 11,
4 CHAPTER 11.12 AND REENACTING CHAPTER 11.12 OF
THE CARLSBAD MUNICIPAL CODE RELATING TO TREES
5 AND SHRUBS
6 WHEREAS, the City Council recognizes that trees contribute greatly to the health,
7 safety, and general welfare to all of Carlsbad citizens and that the preservation and
8 proper maintenance of trees is a matter of citywide concern; and
9 WHEREAS, the City Council further recognizes that trees and shrubs improve the
10 environment and provide great aesthetic benefits by moderating the climate; releasing
II oxygen; acting as filters against airborne pollutants; providing noise abatement; privacy
12 screening; erosion control and hat-boring wildlife in an urban setting; and
13 WHEREAS, the City Council has the authority to determine all aspects of the
14 preservation and proper maintenance of public trees and shrubs; and
15 WHEREAS, the City Council finds and determines that it is necessary to enact
16 regulations prohibiting unnecessary damage to, removal of, or destruction of public trees
l7 and shrubs.
18 NOW, THEREFORE, the City Council of the City of Cartsbad does ordain as
‘9 follows:
20 SECTION 1. That existing Title 11, Chapter 11 .I2 of the Carlsbad Municipal Code
21 is repealed.
22 SECTION 2. That Title ?I, Chapter 11 .I2 of the Carlsbad Municipal Code is
23 added to read as follows:
24 “Chapter I I .I2
TREES AND SHRUBS
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11.12.010 Purpose and intent
11.12.020 Definitions
11.12.030 Jurisdiction of general services department of public works
(MW
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11.12.040 Master tree list
11 .I 2.050 Street tree planting and maintenance procedures
11.12.060 Approval prior to planting
11.12.070 Street tree maintenance
11.12.080 Protection of trees
11.12.090 Tree removal
11.12.100 Tree replacement
11.12.110 Overhanging trees
11.12.120 Uniform street planting map
11.12.130 Community forest management plan
11.12.140 Heritage trees
11.12.150 Appeals
11.12.160 Violation
11.12.010 Purpose and intent.
The public interest and welfare require that the city establish, adopt and maintain
EI comprehensive program for installing, maintaining and preserving trees within the city.
This chapter establishes policies, regulations and specifications necessary to
govern installation, maintenance and preservation of trees to beautify the city, to purify
ihe air, to provide shade and wind protection, and to preserve trees with historic or
Jnusual value.
It is the policy of the city to line its streets with trees and to conduct a consistent
snd adequate program for maintaining and preserving these trees. It is the goal of this
policy to provide for planting trees in all areas of the city and for selecting appropriate
species to achieve as much beauty and economy as possible. It is also the policy of the
:ity to protect and preserve all desirable trees that are located on the city’s right-of-way.
It is the policy of the city to encourage new tree planting on public and private
Droperty and to cultivate a flourishing urban forest.
11.12.020 Definitions.
A. For purposes of this chapter the following words and phrases shall have the
meanings respectively ascribed to them by this section, unless it is obvious from the
sontext that another meaning is intended:
1. “Certified Arborist” means an arborist certified by the International
Society of Arboriculture.
2. “Community Forest Management Plan” means a document that
contains goals and policies that will guide the city in its actions and decisions affecting
:rees within the city limits.
3. “Hazardous Tree” means any tree or tree condition which represents
3 danger to persons, property or other healthy trees.
4. “Heritage Tree” means any tree existing within the city limits which
78s been so designated by resolution by the city council. Heritage trees shall be trees
Nith notable historic interest or trees of an unusual species or size.
5. “Maintain” or “maintenance” means the entire care of trees including
ground preparation, fertilizing, mulching, trimming and watering.
6. “Plant” means an herb that lacks a permanent woody stem.
7. “Shrub” means a low woody plant having several stems and a trunk
ess than three inches in diameter at a height less than four and half feet above the
around.
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1 8. “Tree” means any perennial woody plant having a trunk at least
three inches in diameter at a height four and one-half feet above the ground. This
2 definition shall include any tree planted by or required to be planted by the city which will
3 attain the stated size and maturity.
9. “Tree Service Life” means the number of years that the tree provides
4 the most benefits with the least amount of costs.
10. “Valid Tree Site” means a tree site in that area of the public right of
5 way where a tree can be planted. The requirement shall be one tree per residence or
forty feet (40’) between trees for a large tree site, thirty feet (30’) for a medium tree site
6 and twenty feet (20’) for a small tree site. All tree sites beneath a high voltage electrical
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line shall be considered a small tree site. Tree sites shall be planted with a large, medium
or small tree listed and approved by the city.
8 11 .12.030 Jurisdiction of public works department.
9 A. The city manager, acting through the public works director or his/her
designee, shall exercise jurisdiction and control over the planting, maintenance, removal
IO and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other
public rights of way of the city, and shall have such power, authority, jurisdiction and
11 duties as are prescribed in this chapter.
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11.12.040 Master tree list.
A. The city manager, acting through the public works director or his/her
designee, shall develop and maintain a master tree list, which shall be adopted by
resolution of the city council and shall be on file in the office of the city clerk. These
documents shall specify the species of trees suitable and desirable for planting in certain
areas in order to establish a wide ranging urban forest.
11.12.050 Street tree plantina and maintenance procedures.
A. The city manager, acting through the public works director or his/her
designee, shall develop and implement policies and standards for street tree planting
and maintenance and will incorporate these policies and standards into the city’s
community forest management plan, which shall be adopted by resolution of the city
council.
11.12.060 Approval prior to plantinq.
A. No tree, shrub or plant shall be planted in any street, sidewalk, median or
other public right of way of the city until the city manager, acting through the public works
director or his/her designee, first approves the kind and variety, designates the location
therefor and grants the permit for planting.
11 .I 2.070 Street tree maintenance.
A. It shall be the obligation of the city manager, acting through the public
works director or his/her designee, to assign appropriate scheduled tree, shrub or plant
maintenance, including but not limited to pruning, fertilization, irrigation and pest control
based on age, species, size and location to assure the proper maintenance of all street
trees, shrubs or plants.
27 II 11.12.080 Protection of trees.
28 A. No person shall remove, trim, prune or cut any street tree, shrub or plant
now or hereafter growing in any street, sidewalk, median or other public right of way of
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‘the city, unless such work conforms with all city regulations and standards. These
regulations and standards are kept on file in the office of the public works department.
B. No person shall remove, injure or misuse any guard or device placed to
protect any tree, shrub or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city.
C. No person shall hitch or fasten any kind of animal to any tree, shrub or
plant now or hereafter growing in any street, sidewalk, median or other public right of
way of the city; nor shall any person place a post for hitching of animals within five feet of
any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other
public right of way of the city.
D. No person shall willfully injure, disfigure or intentionally destroy by any
means any tree, shrub or plant growing in any street, sidewalk, median or other public
right of way of the city.
E. No person shall:
1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise
fill up the ground area near any tree, shrub or plant growing in any street, sidewalk,
median or other public right of way of the city, to shut off air, light or water from the roots,
except under written authority from the city manager, acting through the public works
director or his/her designee.
2. Place building material, equipment or other substances likely to
cause injury to a tree near any tree, shrub or plant growing in any street, sidewalk,
median or other public right of way of the city, which might cause injury to the tree.
3. Post any sign on any tree that is not scheduled for removal as
described in section 11.12.090 of this chapter, tree-stake or guard, or fasten any electric
wire, insulator or any other device for holding electric, telephone, television or conductor
wires to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city.
F. No person shall interfere, or cause any other person to interfere, with
employees of the city, or contractors employed by the city, who are engaged in planting,
maintaining, treating, removing or replacing any street tree, shrub or plant or removing or
replacing any material which is likely to cause injury to the tree, shrub or plant.
G. No person shall plant any street tree, shrub or plant except according to
policies, regulations and specifications established pursuant to this chapter or any
currently applicable ordinances or code sections.
11.12.090 Permits required for tree removal.
A. Policy. The city values trees as an important part of the environment and
shall strive to preserve them whenever possible and feasible. When reviewing requests
for a street tree removal permit, the city shall discourage removing desirable trees, and
shall consider approving removal of desirable trees only as a last resort alternative for
the applicant.
B. Permits for Removal. Except as otherwise provided in this chapter,
removing any street tree in the city shall require a permit issued by the city manager,
acting through the public works director or his/her designee
C. Review of the application to remove a tree shall proceed as follows:
1. A city arborist shall inspect the property and recommend approving
or denying the application in a written report submitted to the city manager, acting
through the public works director or his/her designee.
2. The city arborist may authorize a tree’s removal after finding either of
the following circumstances:
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a. The tree is a hazard to life or property, and removing it is the
only feasible way to eliminate the hazard;
b. The tree is dead, dying, diseased or damaged beyond
reclamation.
3. If the city arborist does not find either of the above circumstances for
removing a tree, a priority rating depending on the following factors can be considered
for a tree removal.
a. Service life;
b. Damage to utilities and/or sewer lines;
ii:
Damage to hardscape;
Conformity of the existing tree to recommended species list.
The highest priority removal shall be given to trees meeting all four
factors. The second priority will be given to trees meeting three factors, etc.
4. - If the city arborist has recommended denying the application, the
applicant may request the Parks and Recreation Commission to review the arborist’s
decision.
5. If the Parks and Recreation Commission concurs with the city arborist’s
recommendation to deny the application, the applicant may request the city council to
review the matter for final action.
D. All tree removal, whether by city or applicant, shall include the removal of
the stump and the removal of all stump grinding chips and the backfilling of the hole
created by stump removal with a good quality top soil suitable for the replanting of a
replacement tree.
E. Notification of Tree Removal.
1. The city shall post a letter of notification and a non-removable
marking upon the subject tree a minimum of 30 days prior to its removal. The letter will
be posted in a prominent location, visible from a public street and will include, but not be
limited to the following information:
a. The location of the tree
b. The reason for the tree’s removal;
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The date of the scheduled removal;
The species of tree to be replanted;
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The size of the tree to be replanted;
The date by which an appeal must be made to the Parks and
Recreation Commission.
A description of the appeal process.
2. ?he letter of notification shall also be given to the owner of the
property where the tree is scheduled be removed, and to the adjacent property owners,
as well as to the property owners directly opposite and to the owners of the properties
adjacent to the opposite property.
3. The city manager, acting through the public works director or his/her
designee, may waive notification requirements for a tree removal in either of the following
circumstances:
When the city manager, acting through the public works
director or his/her dtsignee determines that a tree’s condition threatens public health,
safety or welfare;
b. When local, state or federal authorities have declared a state
of emergency and a tree’s condition threatens public health, safety or welfare.
F. No heritage tree shall be removed except if it is determined by a city
arborist that such a tree is creating a hazard, or by formal appeals process.
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11.12.100 Tree replacement.
A. It shall be the goal of the city to replace all removed street trees within 45
days of their removal if the tree site meets the minimum specifications for a valid tree
site.
6. All removed trees shall be replaced with a tree of the same species as
removed, except where the removed species does not conform to the recommended
species approved by the city, or the conditions existing at the valid site. No tree shall be
planted into the public right of way that does not comply with the uniform street planting
map as described in section 11 .I 2.120 of this chapter.
C. Trees that are touching or nearly touching high-voltage utility lines shall be
replaced with a recommended species.
D. All tree replanting shall be with a minimum 15gallon container tree, except
when a person agrees to pay the difference in cost of a larger replacement tree size and
any additional costs associated with the planting of a larger tree.
E. A person may request replacement of a street tree species specified in the
uniform street planting map with another species only when there is a medical allergy
certified by a medical doctor. The replacement tree will be approved by the city arborist
and the city manager, acting through the public works director or his/her designee. All
trees removed for this reason must be replaced with a tree listed as an approved species
by the city.
11.12.110 Overhanqino trees.
A. The owner or his/her agent of every lot or parcel of land in the city upon
which any trees, shrubs or plants are now or may be hereafter standing shall trim, or
cause to be trimmed, the branches thereof so that the same shall not obstruct the
adequate passage of light from any street light located in any street, sidewalk, median or
other public right of way of the city and such owner or his/her agent shall trim all
branches of any trees, shrubs or plants which overhang any street, sidewalk, median or
other public right of way of the city so that there shall be a clear height of eight feet
above the surface of the street, sidewalk, median or other public right of way of the city
unobstructed by branches; and such owner or his/her agent shall remove from such
trees, shrubs or plants all dead, decayed or broken limbs or branches that overhang
such street, sidewalk, median or other public right of way of the city, and when any such
trees, shrubs or plants are dead, such owner or his/her agent shall remove the same so
that they shall not fall in the street, sidewalk, median or other public right of way of the
city.
11.12.120 Uniform street plantino map.
A. Upon the recommendation of the Parks and Recreation Commission, the
city council shall adopt a uniform street tree planting map that will depict a uniform
method of tree plantings on city streets. The city manager, acting through the public
works director or his/her designee, shall have copies of this map made and the same
shall be kept on file in the office of the city clerk and may be obtained by the public.
I 1.12.130 Community forest manaaement plan.
A. Upon the recommendation of the Parks and Recreation Commission, the
city council shall adopt a community forest management plan that provides direction to
develop goals and policies that will guide the city to manage tree-related issues in a
proactive manner. The plan will address trees on public property and will discuss
planting, removal, replacement, maintenance and the preservation of trees growing on
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any public property or in any street, sidewalk, median or other public right of way of the
city.
B. When the management plan in its original or modified form is adopted by
the city council, it shall become the tree planting plan for public streets of the city and
shall be strictly adhered to in all future street planting improvement projects and in the
removal, replacement and maintenance of trees, shrubs or plants in public streets in the
city. The management plan for the entire city does not need to be adopted by the city
council at one time. Instead, council may adopt the community forest management plan
for different portions of the city within a reasonable length of time after the completed
plan for any particular portion of the city has been submitted to the city council for
adoption.
C. The city manager, acting through the public works director or his/her
designee, shall have copies of this plan made and the same shall be kept on file in the
otfice of the city clerk and may be obtained by the public.
II .12.140 Heritaqe trees.
A. The city council recognizes the important role trees have played in the
history and development of Carlsbad and recognizes that a wide variety of trees can
grow in its unique and temperate climate. The city may officially designate as heritage
~ trees those trees in the community which have significant historical or arboricultural
interest. It is the policy of the city council that all designated heritage trees that are on
public streets shall be protected.
11.12.150 Appeals.
A. Any person may request a formal appeal to the Parks and Recreation
Commission within thirty (30) calendar days of the posting of a city tree for:
1. the location or species of any street tree selected by the city for
planting at a specific location; and/or
2. the city aborist’s recommendation for the removal of any non-
hazardous street tree.
B. Any person may request a formal appeal to the Parks and Recreation
Commission for:
1. the removal of a street tree which is not dead, dying or diseased;
and/or
2. the removal of a street tree that is listed as a heritage tree; and/or
3. the removal of a street tree that is causing damage to hardscape or
for the cause of routing underground or overhead utilities.
C. If the Parks and Recreation Commission denies an applicant’s appeal, the
applicant may request a final appeal to the city council within ten (10) calendar days of
the commission’s decision.
Z:
Fees for an appeal shall be determined by resolution of the city council.
Appeals will be made by submitting a tree appeal form available from the
office of the public works department.
II 11.12.160 Violation.
A. Any violation of this chapter is a misdemeanor subject to the provisions of
Chapter 1, Section 1.08.010 of this code.
B. In addition to any criminal penalty, the city may, pursuant to Government
Code section 36901, impose a civil penalty for any violation of this chapter in an amount
not to exceed one thousand dollars.
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C
C. Nothing in this section shall prevent the city from bringing a civil action for
monetary damages as an alternative to a criminal or civil penalty.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify the adoption of this ordinance and cause it to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Catlsbad City
Council on the 13th day of June ,2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of I 2000, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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C
ORDINANCE NO. NS-547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.36 OF CARLSBAD MUNICIPAL CODE PERTAINING TO THE DUTIES AND POWERS OF THE PARKS AND RECREATION COMMISSION
WHEREAS, the Parks and Recreation Commission have the power to
adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal
or interference with any tree, shrub or plant upon any street; and
WHEREAS, the duties of the Parks and Recreation Commission needs to
be amended to reflect changes resulting from the Street Tree Policy.
NOW, THEREFORE, by the City Council of the City of Carlsbad does
ordain as follows:
SECTION 1: That Section 2.36.070 of the Carlsbad Municipal Code is
amended to read as follows:
“2.36.070 Duties.
The Parks and Recreation Commission shall have the power, and it shall be the
duty of the commission, to make recommendations to the city council and to advise the
council in matters pertaining to the creation, operation, maintenance, management and
control of community recreation programs, of playgrounds and indoor and outdoor
recreations, activities and facilities. Further, it shall be the duty of the commission to
advise and make recommendations to the city council of matters pertaining to planting,
trimming, pruning, and care of all trees, shrubs or plants and to the removal of all
objectionable trees, shrubs and plants in and upon any park of the city.”
SECTION 2: That Section 2.36.075 is added to the Carlsbad Municipal Code to
read as fol1ow.s:
“2.36.075 Additional Duties.
The Parks and Recreation Commission shall have the additional power, and it
shall be the duty of the Commission to review tree-related issues and to determine the
needs of the City with respect to its tree planting, replacement, maintenance and
preservation programs.
The Commission will also make recommendations to the City Council on policies,
regulations or ordinances pertaining to the care and protection of public trees and the
selection of specific species of trees for designation along City streets, including the
development of a Community Forest Management Plan for the City.
In addition, in accordance with section 11.12.150 of this Code, the Parks and
Recreation Commission shall hear appeals from decisions of the City Manager acting
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through the Public Works Director or his/her designee, regarding the planting or removal
of street trees.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 13th day of June ,2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of 3 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)