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HomeMy WebLinkAbout2009-12-08; City Council; 20070; Amending Title 2 Chapter 2.36 Section 2.36.075 - Additional Duties of Parks and Recreation Commission and Amending Title 11 Chapter 11.12 - Trees and Shrubs of the Carlsbad Municiapl Code and Amending City Council PolicyCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20.070 12/08/09 CS - P&R AMENDING TITLE 2, CHAPTER 2.36, SECTION 2.36.075 - ADDITIONAL DUTIES OF PARKS AND RECREATION COMMISSION AND AMENDING TITLE 11, CHAPTER 11.12- TREES AND SHRUBS' OF THE CARLSBAD MUNICIPAL CODE, AND AMENDING CITY COUNCIL POLICY NO. 4 - STREET TREES DEPT. HEA CITY ATTY CITY MGR. RECOMMENDED ACTION: 1. Introduce Ordinance No. cs-o?? . amending Title 2, Chapter 2.36, Section 2.36.075 of the Carlsbad Municipal Code, related to the Additional Duties of the Parks and Recreation Commission, and amending Title 11, Chapter 11.12 of the Carlsbad Municipal Code, related to Trees and Shrubs. 2. Adopt Resolution No. 2009-313 . amending City Council Policy No. 4, related to Street Trees. ITEM EXPLANATION: On June 20, 2000 the City Council adopted Ordinance No. NS-547, amending Title 2, Chapter 2.36 of the Carlsbad Municipal Code, related to the additional duties and powers of the Parks and Recreation Commission; and adopted Ordinance No. NS-545, repealing and re-enacting Title 11, Chapter 11.12 of the Carlsbad Municipal Code, related to Trees and Shrubs'; and by resolution revised City Council Policy No. 4, related to Street Trees. The Park and Trees Maintenance Division is responsible for the maintenance of all city-owned landscaping, including city street trees. At the time of the above adoptions, the Parks and Trees Maintenance Division was organizationally located under the General Services Department of the Public Works Major Service Area. The Parks and Trees Maintenance Division was recently transferred under the realigned Parks and Recreation Department. This realignment necessitates the amending of Title 2, Chapter 2.36, Section 2.36.075; Title 11, Chapter 11.12 of the Carlsbad Municipal Code, and City Council Policy No. 4, in order to reflect the change in reporting authority from General Services/Public Works to Parks and Recreation. Specifically, the proposed amendments change all references within these documents from the Public Works Manager/General Services, the Public Works Director, the General Services Department, and the Public Works Department, to the Parks and Recreation Director and the Parks and Recreation Department, respectively. DEPARTMENT CONTACT: Kyle Lancaster, 760-434-2941, kyle.lancaster@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED •/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 In addition to the above changes, the proposed amendments to Title 11, Chapter 11.12 of the Carlsbad Municipal Code, and to City Council Policy No. 4 include minor verbiage additions for consistency between their respective subsections on describing hazards considered by the City Arborist in the potential removal of city street trees. Lastly, the proposed amendment to Title 11, Chapter 11.12 of the Carlsbad Municipal Code includes added verbiage for consistency with a preceding chapter on the discretion of the City Attorney in prosecuting code violations. FISCAL IMPACT: None ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378, the proposed amendments to the Carlsbad Municipal Code and City Council Policy No. 4 do not constitute a 'project' within the meaning of CEQA, and therefore do not require an environmental review. EXHIBITS: 1. Ordinance No. cs-072 . Amending Title 2, Chapter 2.36, Section 2.36.075 and Title 11, Chapter 11.12 of the Carlsbad Municipal Code 2. Strikeout/Addition of Title 2, Chapter 2.36, Section 2.36.075 of the Carlsbad Municipal Code 3. Strikeout/ Addition of Title 11, Chapter 11.12 of the Carlsbad Municipal Code 4. Resolution No. 2009-313 . Approving Amendments to City Council Policy No. 4 5. Amended City Council Policy No. 4 6. Strikeout/ Addition City Council Policy No. 4 EXHIBIT 1 ORDINANCE NO. cs-072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, AMENDING SECTION 2.36.075 TO CHAPTER 2.36 TO THE CARLSBAD MUNICIPAL CODE 3 AND AMENDING SECTIONS 11.12.030-11.12.100, AND 4 11.12.120-11.12.130, AND 11.12.150-11.12.160 OF CHAPTER 11.12 OF THE CARLSBAD MUNICIPAL CODE 5 RELATED TO TREES AND SHRUBS 6 WHEREAS, The City Council on June 20, 2000 adopted Ordinance No. NS-547 7 that amended Title 2, Chapter 2.36 of the Carlsbad Municipal Code, related to the8 9 additional duties and powers of the Parks and Recreation Commission; and 10 WHEREAS, on June 20, 2000 the City Council also adopted Ordinance No. NS - 11 545, repealing and re-enacting Title 11, Chapter 11.12 of the Carlsbad Municipal Code, 12 related to Trees and Shrubs; and 13 WHEREAS, the Park and Trees Maintenance Division is responsible for the 14 maintenance of all city-owned landscaping, including city street trees; and WHEREAS, at the time of the above adoptions, the Parks and Trees 16 Maintenance Division was organizationally located under the General Services 17 Department of the Public Works Major Service Area; and 18 WHEREAS, the Parks and Trees Maintenance Division was recently transferred 20 under the realigned Parks and Recreation Department; and 21 WHEREAS, this realignment necessitates the amending of Title 2, Chapter 2.36, 22 Section 2.36.075 and Title 11, Chapter 11.12 of the Carlsbad Municipal Code, in order 23 to reflect the change in reporting authority from General Services/Public Works to Parks 24 and Recreation; and 25 WHEREAS, the proposed amendments change all references within these 26 sections from the Public Works Manager/General Services, the Public Works Director, 27 28 1 the General Services Department, and the Public Works Department, to the Parks and 2 Recreation Director and the Parks and Recreation Department, respectively; and 3 WHEREAS, the proposed amendments to Title 11, Chapter 11.12 of the 4 Carlsbad Municipal Code includes minor verbiage additions for consistency between 5 their respective subsections on describing hazards considered by the City Arborist in 6 the potential removal of city street trees; and 7 WHEREAS, the proposed amendment to Title 11, Chapter 11.12, Section8 9 11.12.160 subsection A of the Carlsbad Municipal Code includes language that 10 promotes consistency with a preceding chapter on the discretion of the City Attorney in 11 prosecuting code violations. 12 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 13 ordain as follows: 14 SECTION 1: That Section 2.36.075 of the Carlsbad Municipal Code is amended 15 to read as follows: 16 2.36.075 - Additional duties. 17 The parks and recreation commission shall have the additional power, and it 18 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. 20 The commission will also make recommendations to the city council on policies, 21 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 22 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 23 recreation commission shall hear appeals from decisions of the city manager acting through the parks and recreation director or his/her designee, regarding the planting or removal of street trees. 25 SECTION 2: That Sections 11.12.030 subsection A, 11.12.040 subsection A, 26 11.12.050 subsection A, 11.12.060 subsection A, 11.12.070 subsection A, 11.12.080 27 ^ 1 subsection E, 11.12.090 subsections B, E.3, and E.3.a., 11.12.100 subsection E, 2 11.12.120 subsection A, and 11.12.130 subsection C of the Carlsbad Municipal Code are amended by deleting "public works" and replacing in its stead "parks and recreation" 4 wherever "public works" appears in those sections. 5 SECTION 3: That Section 11.12.150 subsection E of the Carlsbad Municipal 6 Code is amended by deleting "public works" and replacing in its stead "city clerk" 7 wherever "public works" appears in that subsection.8 9 SECTION 4: That Section 11.12.090 of the Carlsbad Municipal Code is amended to read as follows: 11 11.12.090 - Permits required for tree removal and maintenance 12 F. No heritage tree shall be removed except if it is determined by a city arborist that such a tree is creating a hazard to life or property, or by formal appeals process. SECTION 5: That Section 11.12.160 of the Carlsbad Municipal Code is amended to read as follows: 16 11.12.160-Violation. 17 A. A violation of this chapter may be prosecuted either as a misdemeanor or an infraction pursuant to the provisions of Chapter 1, Section 1.08.010 of this code. The City Attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to this Chapter if such reduction is warranted in the interest of justice. 20 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; 21 and the city clerk shall certify the adoption of this ordinance and cause it to be published at 22 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days 23 after its adoption. 25 " 26 // 27 28 6 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 8th day of December. 2009, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2009, by the following vote to wit: 5 AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. 7 NOES: None. 8 ABSENT: None. 9 ABSTAIN: None. 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 " 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 EXHIBIT 2 Chapter 2.36 - PARKS AND RECREATION COMMISSION SECTION [Modified By Proposed Changes]: 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 through the public works parks and recreation director or his/her designee, regarding the planting or removal of street trees. EXHIBITS CHAPTER 11.12 - TREES AND SHRUBS SECTIONS [Modified By Proposed Changes]: 11.12.030 - Jurisdiction of public works department. 11.12.040 - Master tree list. 11.12.050 - 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 - Permits required for tree removal and maintenance. 11.12.100 -Tree replacement. 11.12.120 - Uniform street planting map. 11.12.130 - Community forest management plan. 11.12.150-Appeals. 11.12.160-Violation. 11.12.030 - Jurisdiction of public works department. A. The city manager, acting through the public works parks and recreation director or his/her designee, shall exercise exclusive jurisdiction and control over the planting, maintenance, removal 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 duties as are prescribed in this chapter. 11.12.040 - Master tree list. A. The city manager, acting through the public works parks and recreation 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 planting and maintenance procedures. A. The city manager, acting through the public works parks and recreation director or his/her designee, shall develop and implement policies and standards for street tree planting and maintenance required of all tree planting and maintenance throughout the city. 11.12.060 -Approval prior to planting. 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 EXHIBITS parks and recreation director or his/her designee, first approves the kind and variety, designates the location therefor§ and grants the permit for planting. 11.12.070 - Street tree maintenance. A. It shall be the obligation of the city manager, acting through the public works parks and recreation 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. 11.12.080 - Protection of trees. 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 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 parks and recreation department. 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 parks and recreation director or his/her designee; 11.12.090 - Permits required for tree removal and maintenance. B. Permits for Removal or Maintenance. Except as otherwise provided in this chapter, pruning, cutting, trimming or removing any street tree in the city shall require a permit issued by the city manager, acting through the public works parks and recreation 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 wefks-parks and recreation director or his/her designee. 3. The city manager, acting through the public works parks and recreation director or his/her designee, may waive notification requirements for a tree removal in either of the following circumstances: a. When the city manager, acting through the public works parks and recreation director or his/her designee determines that a tree's condition threatens public health, safety or welfare; ni EXHIBITS 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 to life or property, or by formal appeals process. 11.12.100 - Tree replacement. 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 parks and recreation 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. 11.12.120 - Uniform street planting 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 parks and recreation 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. 11.12.130 - Community forest management plan. C. The city manager, acting through the public works parks and recreation director or his/her designee, shall have copies of this plan made and the same shall be kept on file in the office of the city clerk and may be obtained by the public. 11.12.150-Appeals. E. Appeals will be made by submitting a tree appeal form available from the office of the public works department city clerk. 11.12.160-Violation. A. Any A violation of this chapter is may be prosecuted either as a misdemeanor subject or an infraction pursuant to the provisions of Chapter 1, Section 1.08.010 of this code. The City Attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to this Chapter if such reduction is warranted in the interest of justice. EXHIBIT 4 RESOLUTION NO. 2009-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO CITY COUNCIL POLICY NO. 4, 'STREET TREES' 4 WHEREAS, The City Council resolved on June 13, 2000, that trees contribute 5 greatly to the health, safety, and general welfare of the citizens of Carlsbad; and 6 WHEREAS, The City Council resolved on June 13, 2000, its dedication to the 7 preservation, proper maintenance, and continued enhancement of a community forest o g in the City of Carlsbad; and 10 WHEREAS, The City Council adopted on June 13, 2000, a revised City Council 11 Policy No. 4, related to 'Street Trees'; and 12 WHEREAS, recent organizational realignment within the City necessitates 13 amending City Council Policy No. 4 to reflect the change in reporting authority over City Street Trees from General Services/Public Works to Parks and Recreation; and WHEREAS, minor verbiage additions to City Council Policy No. 4 are needed to 16 provide consistency between its subsections on describing hazards considered by the 17 City Arborist in the potential removal of City Street Trees;18 WHEREAS, the proposed amendments to City Council Policy No. 4 address 20 these reporting authority and hazard description consistency issues; 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 22 Carlsbad, California, as follows: 23 1. That the above recitations are true and correct. 24 2. That City Council Policy No. 4 is amended to read as set forth in Exhibit 5 25 of the Agenda Bill No. . 26 „ 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of December. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LEWIS, Mayor ATTEST: LORRAINE M. (SEAL) 'OODr-eity Clerk EXHIBIT 5 Page 1 of 4 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: STREETS Specific Subject: Street Trees Policy No. 4 Issued Date December % ,2009 Effective Date December 8' .2009 Cancellation Date Supersedes No. 4 (06-1 3-2000) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 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. 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 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. I I. 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. Alternative to tree removal will be referred to the Parks and Recreation Director, or hisfher designee, to allow for such alternatives to be considered prior to the removal of such a tree. EXHIBIT 5 Page 2 of 4 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 Parks and Recreation Director, or his/her designee. The Parks and Recreation Director, or his/her designee, 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 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: EXHIBITS Page 3 of 4 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 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 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 to life or property, or by formal appeals process. 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 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 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 Parks and Recreation 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. H. The City will allow short-term rotational plantings. EXHIBITS I. The Parks and Recreation Director, or his/her designee will review the approved species list annually and will add and delete tree species based on their adaptability to street tree sites in Carlsbad. Page 4 of 4 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 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 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 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 City Clerk. \(o EXHIBITS Page 1 of 4 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: STREETS Specific Subject: Street Trees Policy No. Issued Date geeODecember 2009 Effective Date Juno 13. 2QQODecember 2009 Cancellation Date Supersedes No. 4 (44-03-9806-13- 2000) Copies to: City Council, City Manager, City Attorney, Department 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 of not less than 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. Alternative to tree removal will be referred to tho Public Works Managor/Gonoral Services Parks and Recreation Director, or his/her designee, to allow for such alternatives to be considered prior to the removal of such a tree. n EXHIBIT 6 Page 2 of 4 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 tho Public Works Manager/General Services Parks and Recreation Director, or his/her designee. The Public Works Manager/General Services Parks and Recreation Director, or his/her designee, 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 Troo Commission 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: EXHIBIT 6 Page 3 of 4 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 Troo Commission 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 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 to life or property, or by formal appeals process. 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 II.I. B. It shall be the goal of the City to replace all removed 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 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 Public Works Manager/General Services Parks and Recreation 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. EXHIBIT 6 H. The City will allow short-term rotational plantings. I. The Gonoral Services Department of tho Public Works (MSA) Parks and Recreation Director, or his/her designee will review the approved species list annually and will add and delete tree species based on their adaptability to street tree sites in Carlsbad. Page 4 of 4 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 Troo Commission 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 Troo Commission 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 Tree Commission 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 City Clerk.