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HomeMy WebLinkAbout1996-11-18; Parks & Recreation Commission; 1196-3; Street Tree Subcommittee reportPARKS & RECREATION COMMISSION - AGENDA BILL LAB# MTG ^EPT 1196-3 11-18-96 CSD TITLE: STREET TREE SUBCOMMITTEE REPORT (ACTION) RECOMMENDED ACTION: Outlined as alternatives A,B, E & F on the attached report, the Parks and Recreation Subcommittee is recommending the following actions regarding the street trees at 3280 Donna Drive and 2071 Janis Way. They are: • Make an effort to save the trees • Separate the sidewalk issue • Root prune and install bio-barriers • Pursue hold harmless agreements from residents ITEM EXPLANATION: During the September Parks and Recreation Commission meeting, the Commission recommended to refer the issue of a staff recommendation for tree removal on Donna Drive to the Street Tree Subcommittee for further evaluation. The efforts of the subcommittee are outlined on the attached report (Exhibit 1). The affected residents at 3280 Donna Drive (Woods) _and 2071 Janis Way (Cirrincioni) were asked to relay their comments (Exhibit 2) regarding the Jubcommittee report. The residents at 3280 Donna Drive relayed verbally that they would prefer the installation of a 13" bio-barrier and that they wished to be informed as to when the street project and required root pruning will occur in an effort to reconfirm the scope of work prior to actual construction. The residents at 2071 Janis Way responded in writing (Exhibit 3). Their concerns were as follows: • No approval was given by the residents for pine tree removal. • Excessive water run-off from an open street drain attracts roots to surface. • Narrowing the width of Donna Drive. • Need to root prune over a period of time. • No agreement to sign a hold harmless agreement. Considering the comments received by the two area residents, the subcommittee believes a general consensus has been reached with the residents at 3280 Donna Drive in terms of attempting to save their trees while allowing for the completion of the street maintenance project. However, based upon the comments received by the residents at 2071 Janis Way, the subcommittee feels that consensus has not been reached with respect to the same issue. Notwithstanding an inability to reach consensus, the subcommittee has recommended alternatives A,B,E & F apply at both locations as outlined in their report to the Parks and '"Recreation Commission. 12 FISCAL IMPACT: The required root pruning process will be incorporated within the cost of the street overlay/curb and gutter replacement project administered through the Engineering Department. Tree maintenance staff time will be required to supervise the root pruning process. The cost of supervision will be minimal. EXHIBITS: 1. Subcommittee Report to the Parks & Recreation Commission -10/30/96 2. Letter to Woods & Cirrincione -11 /5/96 3. Letter from Cirrincione -11 /11 /96 4. Parks & Recreation Commission Agenda Bill #996-5 - Request for Tree Removal/3280 Donna Drive." 13 October 30.1996 TO: PARKS AND RECREATION COMMISSION FROM: Parks & Recreation Commission Street Tree Subcommittee (Schulberg, Davidson and Cunningham) BACKGROUND During the September Parks and Recreation Commission meeting, the Commission referred the issue of a staff recommendation to remove three (3) ficus trees at 3280 Donna Drive to a subcommittee for further evaluation. The staff recommendation came as a result of future plans to install new curb and gutter as part of an overall street overlay project along Donna Drive. The staff recommendation was based on the following: • Severe root pruning required to facilitate street improvements might cause the tree to die and/or render the tree susceptible to collapse during wet and windy weather and thereby create an unsafe condition. • If the tree did survive severe root pruning, re-growth of the root system would cause curb and gutter uplifting in future years. • Future plans for sidewalk installation would require tree removal at a future date. • The city would replace the removed trees with 24" box trees of an appropriate variety from an approved replacement list. DISCUSSION During the initial subcommittee meeting on October 3.1996, approximately twenty five (25) members of the community, city staff and one (1) City Council representative were in attendance. The context of the meeting included a general forum in which members of the public expressed a desire to save the trees and an explanation by staff to implement the street improvement program as well as future plans to implement a sidewalk installation program. Staff discussion also included concerns related to liability from trip hazards stemming from tree roots and potential liability from fallen trees as a result of root pruning. General discussion also included efforts to comply with Americans With Disabilities Act as it relates to sidewalk development. An additional issue for consideration and discussion also surfaced at this meeting which included the removal of three (3) pine trees at the corner of Donna Drive and Janis Way. Initially, staff had received approval to remove and replace the pine trees from one of the residents at 2071 Janis Way. However, as a result of public 14 EXHIBIT 1 input during the meeting, it became apparent that the tree(s) removal at that location was also objectionable. There is a related issue to the Janis Way location, which relates to a portion of sidewalk that at present only extends midway through the block. The installation of that portion of sidewalk came as a result and condition of development approval for a relatively new residential development immediately south and adjacent to the subject area at Janis Way. Engineering staff, believing they had approval to remove the three (3) pine trees at that location had the intention to complete the existing sidewalk and extend its completion to the corner of Janis Way as part of the street project. As a result of the residents request to not remove the subject pine trees, the issue of sidewalk completion also became a topic of considerable discussion. The October 3rd meeting concluded with a recommendation to continue the subcommittee evaluation with an onsite visit to the subject area on October 24th. Considerable discussion from the public and city staff ensued at that onsite meeting including the following issues: • Street widths and engineering roadway standards • Raised sidewalks and curbs • Root pruning and bio barrier installation • Sidewalk installation and ADA standards • Liability waivers and hold harmless agreements • The city's future plans for the sidewalk development program and the need to separate that issue due to the uncertainty of its implementation timeframe. ISSUES/ALTERNATIVES At the conclusion of the October 24th meeting several alternatives were outlined for consideration, they included: A) Make an effort to save trees There was a general consensus to make a consented effort to save the trees and also allow for the street improvements, including curb and gutter installation. B) Separate the sidewalk issue Due to the uncertainty of the time frame in which sidewalk installation projects will occur throughout the city, and in particular along Donna Drive, there was a general consensus to separate issues related to sidewalk installation from the street project and tree removal issue. C) Implement construction of raised sidewalk, curb and gutter In order to complete the construction of the sidewalk to the corner of Janis Way it was suggested that a raised sidewalk be constructed on pilings which 15 would also result in a raised height in the curb. It was suggested that this , alternative would eliminate the need for extensive root pruning and therefore any subsequent damage to the trees. This alternative would necessarily require additional engineering and construction costs in order to create a sidewalk surface over grade level roots and around existing trees. However, public input submitted this alternative because it is currently being implemented in the City of Carmel and in Marin County. D) Narrow the width of Donna Drive This alternative was suggested as a means by which the trees would remain undisturbed and to allow for the completion of curb, gutter, street improvements and the sidewalk to Janis Way by constructing the sidewalk on the west side of the existing roadway. The city traffic engineer suggested that narrowing the existing Donna Drive would not meet with current city standards and existing road alignments. E) Root prune and install bio barriers Although it was acknowledged that root pruning within the top 12" of surface roots was critical to the tree's survival, it was suggested that if root pruning were supervised by the city tree maintenance staff, then trees would stand the best chance of survival. Trimming of the subject trees in correlation with the required root pruning would also be beneficial to the trees survival. In an effort to discourage future root growth and prevent further uplifting of curb, gutter and road surface, the installation of bio barriers was recommended to be installed to a depth between 13" -19". F) Hold Harmless Agreements To address issues related to the city's exposure to liability of homeowner damage and as a compromise effort to save the trees, it was suggested that the two area homeowners (2071 Janis Way and 3280 Donna Drive) agree to hold the city harmless in the event of future damage to their personal property from fallen trees at their respective locations. Although it was acknowledged that required root pruning of facilitate curb, gutter and road improvements could weaken tree stability, it was indicated by the homeowners that if root pruning was supervised by city tree maintenance personnel, indemnification of homeowner damage would be an acceptable compromise in an attempt to save the trees and complete the road improvements. 16 City of Carlsbad Community Services Department Novembers, 1996 Mr. & Mrs. Wood 3280 Donna Dr. Carlsbad CA 92008 DEAR MR. & MRS. WOODS: As a result of the subcommittee meetings held to further evaluate the issue of removal of certain street trees along Donna Drive, the attached report has been prepared. In addition to identifying background information and overall discussion which occurred during the subcommittee meetings, the report also contains several issues and alternatives. These alternatives are the subcommittee's understanding of a general consensus of the entire group as possible ways in which to reach a resolution to this issue. The subcommittee would appreciate your review of this report and pass along any comments you may have relative to its contents. Please relay any comments to my office at 431-5640 no later than Monday, November 11, 1996. At this time, we anticipate returning to the Parks and Recreation Commission on November 18, 1996 with a recommendation regarding this issue. Your input towards the efforts of this subcommittee have been appreciated and we thank you for your contribution. Respectfully, SETH SCHULBERG, Subcommittee Chairperson Attachment: c: Community Services Director, David Bradstreet Parks Superintendent, Doug Duncanson Tim Davidson - Parks and Recreation Commission Dennis Cunningham - Parks and Recreation Commission Associate Engineer, Scott Schedell 17 1200 Carlsbad Village Drive • Carlsbad. CA 92008-1989 • (619) 434 EXHIBIT 2 Ross J. Cirrincione (619) 434-5339 2071 Janis Way, Carlsbad, California 92008 November 11, 1996 Mr. Seth Schulberg Subcommittee Chairperson City of Carlsbad Community Services Department 1200 Carlsbad Village Drive Carlsbad, Ca. 92008-1989 Re: 2071 Janis Way ( Pine Tree Removal) Dear Mr. Schulberg: We are writing in response to your letter dated November 5,1996, adding the following comments relative to subject matter. During the subcommittee meeting of October 3,1996, it was indicated that staff received approval to remove and replace the pine trees from one of the residents at 2071 Janis Way. It should be noted, no approval was given to staff for pine tree removal by the residents living at 2071 Janis Way. During the October 24th meeting additional items were discussed. *An open street drain located east of Donna on Janis Way flows continuously causing excessive water run off. It is believed the surface water attracts the'roots to the surface which creates pavement cracking. The proposed sidewalk installation with a handicap ramp would attract more skateboarders to springboard across Donna Drive. ItemD Donna Drive is not a thoroughfare but a residential street. It was brought out, that residential streets range in width from 28-37 feet and Donna Drive could be narrowed to add sidewalks without impacting needed width for passage of cars. Item E Root pruning would need to be done over a period of time , so water bearing roots EXHIBIT 3 18 Cirrincione Page 2 of 2 2071 Janis Way, Carlsbad would not be shocked causing the tree to die. ItemF The residents at 2071 Janis Way did not agree to sign a hold harmless agreement with the city. As the staff member from Risk Management stated, " The quality of trimming is subjective and it could not be determined until a later date whether the trimming caused an injury. Therefore, a prior hold harmless document would not be relevant." We would like to meet with city planners to discuss the first option of narrowing Donna Drive. This would insure a continuation of our aesthetically pleasing neighborhood, and a safer residential street due to reduced traffic speed and maintain pedestrian safety. Very truly yours, . A. . //1 ( JJL*JIS»* JL* 19 PARKS & RECREATION COMMISSION - AGENDA BILL AB# 996-5 MTG 09-16-96 LDEPT.CSD TITLE: REQUEST FOR TREES(S) REMOVAL/ 3280 DONNA DRIVE. (ACTION) RECOMMENDED ACTION: If the Commission concurs, recommend the removal of three (3) trees on City right-of-way at 3280 Donna Drive prior to the implementation of a street overlay and curb and gutter replacement program. ITEM EXPLANATION: Department staff was recently contacted by representatives of the Engineering Department seeking assistance with the removal of three (3) ficus trees located within the City right-of-way (R.O.W.) at 3280 Donna Drive. In the spring of 1997, the Engineering Department will be implementing a street overlay process on Donna Drive, which will include replacement of curb and gutter. Engineering Department staff have inventoried several trees along Donna Drive within the City row and identified root problems associated with the uplifting of the adjacent curb, gutter and roadway surface. In a memo dated August 28, 1996, (Exhibit 1) Associate Engineer, Scott Schedell summarizes the situation which necessitates a recommendation from the Parks and Recreation Commission. Chapter 2.36 of the Carlsbad Municipal Code (Exhibit 2) identifies in part, the duties of the Park and Recreation Commission as they relate to 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 street, park, pleasure ground, boulevard, alley or public place of the City. Attached for the Commission's review is the existing City Council Policy Statement (Exhibit 3) and the Departmental policy relating to street trees (Exhibit 4). More specifically, each policy identifies issues related to tree removal, replacement, trimming, etc. Also attached as Exhibit 5 is (in. part) Chapter 11.12 of the Carlsbad Municipal Code. Specifically, Section 11.12.010 identifies the jurisdiction of the Park and Recreation Department in the planting, maintenance, care and removal of trees. Section 11.12.020 specifically identifies the need for approval prior to planting trees in any of the streets or other public highways. In summary, although the Engineering Department has received approval to remove and replace other trees affecting the overlay process from the adjoining neighbors, the residents at 3280 Donna Drive are understandably in disagreement with a staff recommendation to remove the three (3) subject trees. However, based upon a recommendation of the Park Superintendent, the City's Landscape Consultant, the Community Services Department and Engineering Department, staff is recommending the removal of these trees as part of the street overlay program for the following reasons. 1. The severe root pruning required to facilitate new curb and gutter may cause the tree to die. 2. The severe root pruning would render the tree subject to collapse during periods of wet and windy weather and thereby create an unsafe condition. 20 EXHIBIT 4 3. If the tree did survive after severe root pruning, the regrowth of the root surface would cause curb and gutter uplifting and subsequent replacement in future years. 4. Future plans for sidewalk construction along Donna Drive will require tree removal at a future date. 5. The City will replace the removed trees with 24" box trees of the resident's choice from a list of approved replacement species. FISCAL IMPACT: The cost of tree removal will be incorporated within the overall contact of the street overlay project. If the trees are recommended to not be removed, future curb and gutter replacement costs could range between $5,000 -10,000 est. Any liability cost associated with damage which could result from fallen trees cannot be projected or assumed. EXHIBITS: 1. Memo from Associate Engineer (Scott Schedell) 2. Carlsbad Municipal Code - Section 2.36.070 3. Carlsbad City Council Policy Statement No. 4 4. Parks and Recreation Department Policy No. 31 5. Carlsbad Municipal Code - Section 11.12.010 and 11.12.020 6. Letter from Scott Schedell to Mary Wood, 3280 Donna Drive 21 August 28, 1996 - TO: SENIOR MANAGEMENT ANALYST- BEVERLY FROM: Associate Engineer TREES AT 3280 DONNA DRIVE 4 The City will be constructing an A.C. overlay on Donna Drive from Janis Way to Carlsbad Village Drive in late spring/early summer 1997. Before constructing the overlay, all damaged curb and gutter in the overlay area will be removed and replaced. At 3280 Donna Drive, approximately 100 LF of curb and gutter must be replaced because of damage from tree roots. The trees causing the damage are 1.5' - 2' in diameter and approximately 3' from the back of the curb. (The street easement extends 9.5' from back of curb). I have met with Mr. & Mrs. Wood, the owners and residents of 3280 Donna Drive, and they emphatically do not want the trees to be removed. It is my recommendation that the trees be removed because of the following reasons: 1. The City replaced curb and gutter in this area approximately 8 years ago. The replaced curb and gutter has since been uplifted by the trees. 2. The tees may not survive if the roots are extensively trimmed to prevent them from damaging the new curb and gutter and A.C. paving. (Please see my memo to Fred Bumell and his response, attached). Fifteen years is the expected service life of an A.C. overlay and the roots should be trimmed extensively enough to prevent them from growing into the street for 15 years. ~~ 3. This area of Donna Drive is number 64 on the City's Sidewalk Priority List which means that sidewalk will eventually be constructed. Standard sidewalk is 5' wide and abuts the back of the curb. The location of the trees puts them in the middle of the future sidewalk. Trying to locate the sidewalk behind the trees would require an additional easement from the owners and would be more expensive to construct than standard sidewalk because of the slope behind the trees. If the trees must be removed to construct sidewalk, it makes sense to do it now. In 10 years, the trees will be that much bigger and the owners that much more attached to them. If the trees are removed now, I will include the planting of 24" boxed trees with the curb and gutter replacement contract. These new trees (from the City's approved list) do not have destructive roots and can be planted outside of the street right-of-way. Additionally, I spoke to Larry Black, the City's Landscape Consultant, and he concurs that this species of tree should not be planted adjacent to a street. He has not seen the trees but agrees they should be removed. I am requesting that you view the subject location and trees. If you agree with my recommendation please schedule a hearing on the issue with the Parks and Recreation Commission. SCOTT SCHEDELL SS:acw Attachments a:\LieRAKr£NG\WOftnSCHEOEUV>?«0 Bonn* Onv» Tr«M M»mo to &>v*rty doc August 14, 1996 TO: TREE SUPERVISOR, BURNELL FROM: Associate Engineer TREE ROOT DAMAGE AT 3280 DONNA DRIVE There are three (3) trees in the street easement at the subject address that are damaging curb and gutter and A.C. pavement. Please provide me with the following information: 1. The type of trees and approximate age. 2. If the tree roots are cut vertically with the trunk of the tree, will the tree survive? 3. If the roots are cut and removed to a depth of three feet, and a bio barrier is installed between the tree and the curb, how long before the roots will grow back and damage the street improvements? As I stated to you on the phone, this area will eventually have sidewalk and it makes sense to remove the trees now especially if the roots are going to grow back and damage newly constructed cub and gutter and A.C. paving. I want to include the information I requested from you in my memo to Keith Beverly. SCOTT SCHEDELL SS:acw 23 RECEIVED August 26, 1996 AUG 2 7 J99S ENGINEERINGTO: ASSOCIATE ENGINEER, SCHEDELL DEPARTMENT FROM: Tree Supervisor TREES AT 3280 DONNA DRIVE 1. Ficus microcarpa nitida, approximately 25 years old. 2. Vertical cuts close to the trunk of the trees could kill the trees. It would also create an unstable root system that could result in the trees falling. 3. Root pruning to a depth of three feet would definitely create an unstable root system that could result in the trees falling. Our application of the bio barrier system has not involved street trees with a limited work area. The root pruning was performed approximately a foot below grade and ten to fifteen feet from the trunk of the tree. One of these applications was completed approximately five years ago and no root problems have surfaced to date. I hope this information is helpful. If I can be of further assistance please contact me at 434-2985 FRED BURNELL Tree Maintenance Supervisor 24 2.36.010 Chapter-2.36 PARK AND RECREATION COMMISSION Sections: 2J6.010 Created. 2.36.020 Membership—Terms— Vacancies. 2J6.030 Compensation of members. 2J6.040 Chairman. 2.36.060 Meetings. 2J6.070 Duties. 2J6.080 Powers generally. 2.36.090 Funds—Disposition of moneys. 2J6.100 Budget. 2.36.110 Powers delegated to commission to be advisory. 2J6.0IO Created. A park and recreation commission for the city is created. (Ord. 1025 § I) 2J6.020 Membership—Terms—Vacancies. The park and recreation commission shall consist of seven members, who may be persons who hold an office or a position with the city; 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, one shall be for a term of four years, two shall be for a term of three 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 § 2) 2J6.030 Compensation of members. The park and recreation commission shall act as such without any compensation. (Ord. 1025 § 6) 2.36.040 Chairman. The appointed members of the park and recre- ation commission shall elect their own chairman, who shall preside at all meetings. The chairman, as elected by the commission, shall hold office for a term of one year from and after his date of election. Thereafter, successive elec- tions shall elect a new chairman at each succeed- ing year. One chairman may serve for more than one successive term. (Ord. 1025 § 3) 2J6.060 Meetings.* The park and recreation commission shall meet at such time or times as the members may in their discretion see fit; provided, that such meetings be held at least once each month. The majority of the appointed members shall con- stitute a quorum for the purpose of transacting the business of the commission. (Ord. 1025 § 4) •As to attendance of city manager at commission meetings, see Section 2.12.125. 2J6.070 Duties. The park 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, mainte- nance, 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, trim- ming, pruning, and care of all trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and upon any street, park, pleasure ground, boulevard, alley or public place of the city. (Ord. 1025 § 7) 58-1 COUNCIL POLICY STATEMENT General Subject: Streets Specific Subject: Street Trees Date Issued 10-20-7Q_ Effective Date 10-20-70 Cancellation Date Supersedes Mo. opi es to City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File C PURPOSE: To state City policy regarding removal and replacement of street trees. STATEMENT OF POLICY: 1. The City will make every effort to trim and spray street trees according to a regular schedule within the limits of available manpower. 2. Dangerous street trees will be removed and replaced as expedi- tiously as possible. Dead trees will be removed and replaced, as work schedules permit, as will trees that are damaging side- walks, curbs and gutters. 3. Replacement street trees will be of the same species as those removed unless another species of street tree is-designated on the master street tree plan. 4. Individuals or neighborhoods may request replacement of street trees by another species due to excess leaf drop, blockage of view, medical allergies (a doctor's certification may be re- quested where allergies are cited) or other good and sufficient reasons. In these cases the individual or neighborhood must bear the cost of removal and replacement since no general public in- terest is served. Except where allergies arc indicated, the re- placement trees must be uniform and of an improved species unless otherwise approved by the Parks and Recreation Commission. 5. Any citizen or neighborhood may appeal to the Parks and Recrea- tion Commission and subsequently to the City Council regarding a staff decision on street trees. However, official City policy is to discourage removal of existing street trees simply on the basis of individual or group preference between species of trees. 26 Parks and Recreation Department Policy No. 31 STREET TREES It is the policy of the Parks and Recreation Department to provide safe, healthy thriving street trees for the citizens of Carlsbad. TRIMMING: City trees are to be maintained to keep them in a safe, healthy, thriving condition. Any safety hazard or obstruction caused from, or created by a city tree will receive priority treatment. Citizen requests for trimming will first be reviewed by the parks 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 Parks and Recreation Department to trim every tree on a 7 to 10 year turn around cycle. REMOVAL: The removal of city street trees follows the listed guidelines: 1. No tree is to be removed from any right of way area until Parks and Recreation Department approval is given. 2. Trees are to be removed if: a. They present a hazardous condition as determined by the Parks and Recreation Department that cannot be corrected by other maintenance actions. b. They are dead diseased or declining in health factors. c. They have caused damages to sewer lines - as validated by three (3) receipts or three (3) written statements from plumbing companies. This will also be verified by Sanitation Department staff. d. They have caused damages to sidewalks, curbs, gutter, driveways or utilities. TREE REPLACEMENT: 1. Trees that have been removed will be replaced upon request of resident or citizen. 2. Trees that are replaced are to be planted a minimum of 10' (feet) back from any curb, gutter and driveway and 5' (feet) back from sidewalk. The resident shall be responsible for the planting and care. 3. The tree will be 15 gallon in size and be supplied by the city. 4. Only approved trees from the street tree list will be allowed. ROOT PRUNING: 1. Evasive roots will be pruned when they are deemed to create a hazardous condition. *Parks staff will not prune trees growing within 5' (feet) of main trunk electrical lines of SDG&E. Staff will notify SDG&E of any needs for tree maintenance on or near high voltage lines. L Chapter 11.12 TREES AND SHRUBS Sections: 11.12.010 Jurisdiction of park and recreation department. 11.12.020 Approval prior to planting. 11.12.030 Permit to remove—Cost of removal. 11.12.040 Fastening animals to trees. 11.12.050 Removal of guards and devices protecting trees. 11.12.060 Attachment of electrical devices to trees—Trimming for passage of wires. 11.12.070 Permit to trim—Trimming practices. 11.12.080 Space to be kept clear around base of trees. 11.12.090 Safeguarding of trees during building construction or repair. 11.12.100 Overhanging trees. 11.12.110 Interference with city employees. 11.12.120 Notification of trees damaging public sidewalks. 11.12.130 Uniform street planting map. 11.12.010 Jurisdiction of park and recreation department. The community services department shall exercise jurisdiction and control over the planting, mainte- nance, 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 § 3 (part). 1994; Ord. 1060A § 2) 11.12.020 Approval prior to planting. No tree, palm, shrub or plant shall be planted in any 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 11.12.010 planting the same, the city manager, or his appoint- ee, shall not permit the planting of any kind or variety of tree, palm, shrub or plant in any of the streets or other public highways which would ulti- mately obstruct the view of a view lot. (Ord. 1071 § 1: Ord. 1060A§ 3) 11.12.030 Permit to remove—Cost of removal. No person shall, without a permit from the city manager or his appointee, remove, destroy, break, cut, trim, deface or in any other way injure or inter- fere with any tree, palm, shrub or plant or endanger the life of any such tree, palm, shrub or plant that is now or may hereafter be growing in any street or other public highway of the city. Such permit shall specifically describe the work to be done thereunder, and such permit shall be void after thirty days from the date of issuance. Upon filing of a written request, an extension of this time up to sixty days may be granted by the city manager or his appointee. The cost of removal of any tree, palm, shrub or plant at the request of and for the benefit or conve- nience of a property owner shall be paid for by such property owner. Where an existing tree, palm or shrub prevents access to a building site, such tree or plant may be removed at the applicant's expense upon issuance of proper removal permit from the city manager or his appointee; provided, that a valid building permit has been issued for the construction of the improve- ment necessitating the removal of the tree or plant In the event that trees or plants are so removed in conformance with this section and the improve- ment for which the building permit was issued is not constructed within six months of the date of issuance, the holder of the removal permit shall be liable for the replacement cost of trees or plants of equal size and variety to those removed. (Ord. 1060A § 4) 331 City of Carlsbad c] Departmont September 10,1996 Mary Wood 3280 Donna Drive Carlsbad, CA 92006 1996 STREET OVERLAY PROGRAM; PROJECT NO. 3527 Dear Ms Wood: it was a pleasure to meet with you and your husband at your house last month. As |-promised, I contacted a tree expert in the Parks Department and asked him about the viability of your trees if the roots were extensively trimmed. I have attached a copy of his memo for your reference As you can see, there is a possibility the trees will die and/or become unstable and fall. It would be possible to trim the roots just enough to construct new curb and gutter, but if the roots are not removed, they will continue to grow and damage the new curb and gutter and AC paving. Because the City will spend a significant amount of money to repair and overlay Donna Drive, I cannot recommend that the roots be trimmed just enough to construct new curb and gutter. Therefore, I am recommending to the Parks and Recreation Commission that the trees be removed for the following reasons 1. The expected service life of a newly overiayed street is fifteen (15) years. To prevent the trees from damaging the street for fifteen (15) years would require extensive trimming and removal of roots. If extensive trimming is done, there is no guarantee the trees will survive. 2. This area of Donna Drive is No 64 on the Sidewalk Priority List Therefore, the City will eventually construct sidewalk in this area. Standard sidewalk is 5' wide and abuts the back of curb. Tf»e location of the trees puts them in the middle of the future sidewalk. Because of the slope behind the trees, it would not be economically feasible to construct sidewalk behind the trees. Even If there was sufficient room behind the trees to construct sidewalk, the roots from these trees would cracK and uplift the sidewalk. The Parks and Recreation Commission will meet Monday, September 16, 1996, at 5:30 p.m., in the City Council Chambers. If you desire, you may attend the meeting and be heard. If you cannot be at next Monday's meeting, please let me know and I will delay the issue of your trees until the October meeting. Sincerely. SCOTT SCHEOELL Associate Engineer SSijb 2O75 Las Palmas Dr «• Carlsbad. CA 92OO9-1576 • (619) 438-1161 • *=*•»•