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HomeMy WebLinkAbout1997-10-20; Parks & Recreation Commission; 1097-7; Commission Subcommittee TreePARKS & RECREATION COMMISSION - AGENDA BILL AB# 1097-7 MTG 10-20-97 DEPT CSD TITLE : COMMISSION SUBCOMMITTEE / TREE ORDINANCE REVIEW (ACTION) RECOMMENDED ACTION : Appoint 2 members of the Commission to serve on a committee to review and make recommendations on existing tree ordinances and policies. ITEM EXPLANATION : The attached City Council Agenda Bill has directed the issue of the Street Tree Ordinance and Policy revision to the Parks and Recreation Commission for your review. The Council has requested that the Commission ultimately return to the Council with recommendations of any changes to existing ordinances, policies and regulations. It is being requested that two Commissioners be appointed to a subcommittee to work with staff and possibly members of the public to address this request to the Council. The Park Superintendent will be the staff person spearheading this endeavor. EXHIBITS: 1. City Council Agenda Bill "Review of Street Tree Ordinances and Policies: 33 g o oz=}oo AR# JHjdll MTG .6/17/97 DEPT. CS !DILE; REVIEW OF STREET TREE ORDINANCE AND POLICIES DEPT. HDd^V> CITY ATTY^jjS^ CITY MGR>5j^ RECOMMENDED ACTION: If Council concurs your action would be to direct the issue of the Street Tree Ordinance and Policy revision to the Parks and Recreation Commission for their review and return to Council with recommendations of any changes to ordinances, policies and regulations. ITEM EXPLANATION: In recent months and periodically throughout the years, issues arise which center on street trees. The usual issue has to do with tree preservation or tree removal. Dealing with trees especially street trees is very commonly a sensitive matter. There are citizens that feel trees should be preserved at all costs. Then again, there are other property owners that want trees removed for : view enhancement, less leaf litter (droppage), potential driveway damage, surface roots in lawn area, insect infestation, property enhancement projects and many other varied reasons. More recently, and especially in the older part of our community, large specimen trees (Ficus, Eucalyptus and Pines) have caused damage to the streets, curbs, gutters, sidewalks and in some cases buildings. In cases where staff has determined that these trees should be removed; the City, in most cases, receives strong opposition from concerned citizens in the area, regarding their removal. In a number of cases City forces have made repeated repairs to curb, gutter and sidewalks resulting from the roots of these trees. These repairs represent a substantial financial burden as well as liability exposures. A complete review of existing practices, procedures and policies would be a benefit to all persons involved in decisions regarding street trees. Currently there are five (5) City documents that address street trees in Carlsbad. ui These documents are:§oc 1. Carlsbad City Ordinance, Chapter 11.12, Trees and shrubs 2. City of Carlsbad Council Policy Statement No. 4 regarding Street Trees 3. Carlsbad Landscape Guidelines Manual, Streetscape Program Policies and Requirements 4. Community Services (Parks and Recreation) Department Policy No. 31 Street Trees 5. Park and Recreation Commission, City Ordinance Chapter 2.36, Duties .070. Copies of these documents are attached for your review. These documents all provide similar information, guidelines or statues. Several of these resources are 20+ years old and in need of updating to provide consistency with current standards. The City Council policy on street trees for example was adopted in October 1970. EXHIBIT 1 / 34 Existing Review Pri jss f The current practice on tree removal requests is as follows: 1. Department receives request. 2. Staff reviews the request and makes determination: a) trim tree b) remove tree c) leave tree as is; property owner is notified of staffs decision. Note: recently any tree removal request by citizen (other than safety hazard) is asked to be submitted in writing. 3. If citizens do not concur with staff, the issue may go to Parks & Recreation Commission for analysis and recommendation. STUDY The primary concerns to be addressed by this study are: • Tree removal process • Tree maintenance guidelines • Replacement trees • The appeal process of staff decisions • Update regulations concerning street trees The methodology to be used to complete this project is: • Work with Parks and Recreation Commission • Select a committee • Advertise for public participation • Research tree issues • Survey other cities • League of California Cities for publications • University of California • Bring suggested updated Ordinance and Policies to parks and Recreation Commission for approval • Submit new ordinance and policy to Council It is estimated this study and review of current ordinances and policies will require 6 months to complete. RECOMMENDATION Because of the number of issues facing the City regarding current Tree Ordinance and Policies, staff recommends that Council defer this item to the Parks and Recreation Commission for their review and suggested revisions. 35 FISCAL IMPACT: This project should have very minimal costs associated with it. Except for staff time, the costs will include mailing fees, hosted public meeting supplies and possibly limited Urban Forester consultation. Funds for these expenses are available in the Community Services Department budget. EXHIBITS: 1. Carlsbad City Ordinance, Chapter 11.12, Trees and Shrubs 2. City of Carlsbad Council Policy Statement No. 4 regarding Street Trees 3. Carlsbad Landscape Guidelines Manual, Streetscape Program Policies and Requirements. 4. Community Services (Parks and Recreation) Department Policy No. 31 Street Trees. 5. Parks and Recreation Commission, City Ordinance Chapter 2.36, Duties .070. 36 11.12.010 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 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 (Ou-Ubad 10-94) 37 t I 11.12.040 Fastening animals to trees. No person shall hitch or fasten any kind of ani- mal to any tree, palm, shrub or plant now or hereaf- ter growing in any street or other public highway of the city; nor shall any person cause or permit any animal to stand or be near enough to any tree, palm, shrub or plant, to bite or rub against, or in any manner injure or deface the same; nor shall any person place a post for hitching of animals within five feet of any tree, palm, shrub or plant now or hereafter growing in any street or other public high- way in the city. (Ord. 1060A § 5) 11.12.050 Removal of guards and devices protecting trees. No person shall remove, injure or misuse any guard or device placed to protect any tree, palm, shrub or plant now or hereafter growing in any street or other public highway of the city. (Ord. 1060A § 7) 11.12.060 Attachment of electrical devices to trees—Trimming for passage of wires. No person shall attach any electric wire, insulator or any other device for holding electric, telephone, television or conductor wires to any tree, palm, shrub or plant now or hereafter growing in any street or other public highway of the city. No person shall, without written permission from the city man- ager or his appointee, trim, cut or break any part of such tree, palm, shrub or plant, in order to make passage for such wires or conductors. Every person having any wire charged with electricity or carrying electronic or other signal impulses shall securely fasten the same so that such wire or conductor shall not come in contact with any tree, palm, shrub or plant in any street or public highway of the city. (Ord. 1060A § 8) 11.12.070 Permit to trim—Trimming practices. When any tree, palm, shrub or plant now or hereafter growing in any street or other public high- way of the city interferes with electrical, telephone (Carlsbad 10-94) 332 or television wires or conductors, poles, standards, buildings or signs, written permission from the city manager or his appointee shall be obtained before any pruning or trimming may be done. All such work shall be done in a manner consistent with good tree surgery practices, taking into consideration the shaping of the trees or plants and safety to per- sons and property. (Ord. 1060A § 9) 11.12.080 Space to be kept clear around base of trees. No person without the written permit of the city manager or his appointee, shall place or maintain upon the ground in any street or other public high- way of the city, stone, cement or other material without leaving an open space not less than nine square feet around the trunk of any tree of less than six inches in diameter, and for every three inches of increase in such diameter there must be an increase of at least one square foot of open ground in such shape as to afford the most root area practical. Such opening shall be in accordance with city Engineer- ing Department Standard Drawing No. 1-9. Whenev- er there is no such open space about any existing tree in any street or other public highway of the city, the city manager or his appointee may make such open space or cause the same to be made. (Ord. 1060A § 10) 11.12.090 Safeguarding of trees during building construction or repair. In the erection, alteration, moving or repair of any building, structure or other object, the owner thereof, or his agent, shall place or cause to be placed, such guards around all nearby trees in the street or other public highways of the city as shall effectually prevent injury to them. (Ord. 1060A § 11) 11.12.100 Overhanging trees. The owner or his agent, of every lot or parcel of land in the city upon which any trees, palms, 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 QQ 11-12.100 passage of light from any street light located in any street or other public highway adjacent to the street or sidewalk and such owner or his agent trim all branches of any trees, palms, shrubs or plants which overhang any street or other public highway, so that there shall be a clear height of eight feet above the surface of the street or other public highway unob- structed by branches; and such owner or his agent shall remove from such trees, palms, shrubs or plants all dead, decayed or broken limbs or branches that overhang such street or other public highway, and when any such trees, palms, shrubs or plants are dead, such owner or his agent shall remove the same so that they shall not fall in the street or other public highway. (Ord. 1060A § 12) 11.12.110 Interference with city employees. No person shall prevent, delay or interfere with any employee of the community services depart- ment, or contractors employed by the city in the planting, pruning, cultivating, dusting, spraying or removal of any tree, palm, shrub or plant which is now or may hereafter be growing in any street or other public highway in the city, or in the removal of stone, cement or other material from about the trunk of any tree, palm, shrub or plant which is growing in any street or other public highway of the city. (Ord. NS-286 § 3 (part), 1994; Ord. 1261 § 13, 1983; Ord. 1060A § 13) 11.12.120 Notification of trees damaging public sidewalks. The duty is imposed upon a property owner to notify the community services department when any tree, palm, shrub or plant in a public street adjacent to his property is injuring or damaging any public sidewalk. The city manager or his appointee is authorized to have removed, at the expense of the city, such tree, palm, shrub or plant, or to otherwise remedy the dangerous condition. (Ord. NS-286 § 3 (part), 1994; Ord. 1060A § 14) 11.12.130 Uniform street planting map. The city manager or his appointee shall, from time to time, prepare plans or lists, which shall designate, by means of a map of the city streets, a uniform method of street tree planting, zoning cer- tain streets, or portions thereof, for a certain speci- men of trees and shrubs, showing the distance apart of trees or shrubs, and the place where each tree or shrub is to be planted; and the city manager or his appointee shall submit this plan to the park and recreation commission for their approval or modifi- cation. After the same has been approved by the park and recreation commission and the city man- ager, the same shall be submitted to the city council for modification or adoption by that body. Future amendments that may be deemed advisable shall be governed by the proceedings outlined above. If and when the uniform plan in its original or modified form is adopted by the city council, it shall become the tree planting plan for the streets of the city and shall be strictly adhered to in all future street planting improvement projects and in the removal or replacement of trees, shrubs or plants in streets in the city. The uniform plan of tree planting may, but need not, be adopted by the city council at one time, but the council may adopt the uniform street tree planting 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. The city manager or his appointee shall have copies of this plan made and the same shall be kept on file in the office of the community services de- partment and may be obtained by the public. (Ord. NS-286 § 3 (part), 1994; Ord. 1060A § 15) 333 (Carlsbad 10-94) 39 11.16.010 Chapter 11.16 WORK IN PUBLIC RIGHTS-OF-WAY Sections: 11.16.010 Title. 11.16.020 Definitions. 11.16.030 City engineer's authority and responsibilities. 11.16.040 Permits—Required. 11.16.050 Permits—Application. 11.16.060 Permits—Requirements of plans. 11.16.070 Permits—Commencement and completion of work. 11.16.080 Permits—Requirements for performance of work. 11.16.090 Permits—Acceptance of work. 11.16.100 Permits—Denial and revocation. 11.16.110 Appeal procedure. 11.16.120 Encroachment application and permit fees. 11.16.130 Performance deposits. 11.16.140 Placement of materials or obstruction of streets. 11.16.150 Aboveground encroachments. 11.16.160 Exceptions. 11.16.170 Relocation of structures— Removal of encroachment. 11.16.180 Holding city harmless— Insurance. 11.16.190 Exemptions. 11.16.200 Violation. 11.16.210 Enforcement authority. •Prior ordinance history: Ords. 7036, 7058. 7066, 7070 »nd 7071. 11.16.010 Title. The ordinance codified in this chapter may be cited as the "Right-of-Way Permit Code." (Ord. NS-5 § 1 (part), 1988) 11.16.020 Definitions. The following words shall have the following meanings as set out in this chapter: (1) "City engineer" means the city engineer of the city of Carlsbad or his designated representative. (2) "Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, bill- board, stand or building, or any structure or object of any kind or character not particularly mentioned in this subsection, which is placed in, under or over any portion of a public place. (3) "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other materi- al structure or object of any kind or character, whether enumerated in this subsection or not which is constructed, left, placed or maintained in, upon, along, across, under or over any public place. (4) "Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. (5) "Public place" means any public street, high- way, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. (6) "Specification" means the Standard Specifica- tions for Public Works Construction (current edition including supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associ- ated General Contractors or California Joint Cooper- ative Committee and published by Building News Incorporated, or such other specifications noted on approved plans. (7) "Standard drawings" means the "standard drawings" of the city of Carlsbad, adopted (Carlsbad 10-94)334 40 . /uenerai buoject: streets/ Specific Subject: Street Trees LT tective uate iU-20-70 Cancellation Date Supersedes No . Copi es to City Council, City Manager, City Attorney Division Heads, Employee Bulletin Boards, Department and Press , File PURPOSE: To s tate trees . City policy regarding removal and replacement of street O. STATEMENT OF POLICY: 1. The City will make every effort to trim and spray according to a regular schedule within the limits manpower. street trees of available Dangerous street trees will be removed and replaced as expedi- tiously as possible. Dead trees will be removed and replaced, as v/ork schedules permit, as will trees that are damaging side- walks, curbs and gutters. 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. Individuals or neighborhoods may request replacement of street trees by another species due to excess leaf drop, blockage of viev/, 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. 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. 41 r STREETSCAPE PROGRAM POLICIES AND REQUIREMENTS IV.D Lfl D.l-l D.l-2 POLICY STATEMENTS landscaping shiill accentuate positive, natural, historical, and architectural elements of Carlsbad. landscaping shall he designed toward a goal of providing a pleasing and safe vehicular and pedestrian experience. D.l-3 The City is establishing these policies and requirements to ensure that sidewalks and other pedestrian walkways are safe for pedestrian_use and that cracking or ^buckling of sidewalks ajidjtihejinedestrian walkways will be eliminated or^ ^mTnimized. The CityTsnot a guarantor of perfectly flat sidewalks and can only maintain them within its reasonable budgetary powers. However, these standards are being established to prevent, to the maximum extent possible, tree roots from invading, disrupting or destroying City sidewalks. Although it remains the property owner's duty to notify the City if a problem arises and liability to third. persons may need to bejudiciafly determinedjtjs. hoped that with the City's routine inspection and maintenance program and these policies and requirements, such incidents will be minimized. D.l-4 Landscaping along arterial roads shall be consistent with the themes and standards set forth in this section so as to provide visual linkages and identities. AFFECTED AREAS Arterial landscaped medians Manufactured slopes abutting public/private streets Frontage setbacks Rear and side yards that abut public/private streets OTHER APPLICABLE SECTIONS Including but limited to: - General Planting and Irrigation Policies and Requirements - Water Conservation Policies and Requirements - Installation, Bonding, and Maintenance Requirements GENERAL STREETSCAPE PLANTING REQUIREMENTS PLANTING D.3-1.1 SIGHT DISTANCE D.3-1.1-1 Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45° in toward the property. Policies and Requirements IV.D STREETSCAPE PROGRAM , POLICIES AND REQUIREMENTS ( (cont) D.3-1.1-2 Sight lines shall be maintained at driveways. D.3-1.1-3 In addition to the requirement above (D.3-1.1-1), on collector streets and greater, Cal Trans Sight Distance Standards shall apply to the height restriction stated in D.3-1.1-1. Provide a minimum of one tree for every 40' of street frontage. Trees may be planted on center or grouped. D.3-1.2-2 If the streetscape is along a major or prime arterial, the street tree planting shall conform to the "Arterial Road Themes" (refer to Section IV.D.4 and Appendix C.I). D.3-1.2-3 Locate street trees: a. A minimum of 3' outside the public right of way (except within the "Redevelopment Zone (VR Zone) and Beach Area Overlay Zone" where street trees may be allowed within the R.O.W. if approved by the City). b. A minimum ofS' c. A minimum of 7' from any sewer line. d. Not in conflict W'rh e. Not be allowed on street comers within a triangular zone drawn from two *-- points, 25' from the beginning of curves and end of curves or within sight f lines as described under "Sight Distance" above. (See Appendix C.4). ^' D.3-1.2-4 Trees planted within 5' of public sidewalks shall be installed with root barriers approved-by the City. D.3-2 IRRIGATION D.3-2.1 WITHIN PUBLIC RIGHT-OF-WAY D.3-2.1-1 Be automatically controlled. D.3-2.1-2 Use only pop up heads or drip system. D.3-2.1-3 Designed and be installed with every effort made to eliminate spray or runoff onto streets or sidewalks. ARTERIAL ROAD REQUIREMENTS&!£ D.4-1 CONCEPT D.4-1.1 These roadways will carry large volumes of traffic into and through Carlsbad. They provide the means for an initial and repeated exposure to the City's physical setting. Their visual corridors play an important role in developing an image of Carlsbad. This image creates an enduring impression to aid in the City's sense of place and community pride. D.4-1.2 Specific criteria has been set for the landscaping along the prime and major arterial roadways. These routes will each have individual streetscape themes /' 2 Policies and Requirements 43 f ( STREETSCAPE PROGRAM POLICIES AND REQUIREMENTS (cont) creating a recognizable identity for each particular thoroughfare or segment of thoroughfare. The themes are based on the character or heritage of that specific area of Carlsbad. D.4-2 TREE TYPES The specific trees creating a streetscape theme haw been pre-selected by the City. Each theme shall be made up of four (4) types of trees: "Theme", "Support", "Median", and "Project Identity/Accent Trees". PERCENTAGE OF TOTAL STREETSCAPE TREES (includes street tree requirement plus adjacent setbacks) Median Island Trees - These trees shall be installed as part N/A of the required street improvements. Theme Trees - These trees set the overall character of 50% the streetscape and are located along the roadside but (100% of standard outside the right-of-way. (See D.3-1.2-3.) D.3-1.2-1} Support Trees - These trees were selected to complement 30% the theme tree. Select trees from those listed which fit the project site conditions. Project Identity/Accent Trees - These trees are not pre-selected, 20% rather the applicant can choose the best tree for their project and submit it for City approval. D.4-3 MEDIAN LANDSCAPE CONSTRUCTION REQUIREMENTS D.4-3.1 Construction drawings for concrete surfacing and landscaping shall be submitted on separate sheets as part of the STREET IMPROVEMENT PLANS. D.4-3.2 Related to landscaping standards for public improvements, the order of precedents shall be: 1. Landscape Manual 2. "City of Carlsbad Standards" 3. Standard Specifications for Public Works Construction ("Green Book") D.4-3.3 Plans shall be approved by the City Engineer and Parks and Recreation Director. D.4-3.4 MEDIAN CONCRETE D.4-3.4-1 The median layout shall be in conformance with the "Arterial Median Layout" (see Appendix C.2). D.4-3.4-2 Concrete color and pattern shall be as specified under "Arterial Streetscape Themes" (see Appendix C.I) and as approved the Parks and Recreation Director. D.4-3.4-3 Prior to installation, a 10' x 10' square sample shall be poured at the job site. This sample shall be approved by the City prior to installation of the median concrete. D.4-3.4-4 Concrete shall be a minimum of 560-C-3250 with 6x6-10x10 welded wire mesh throughout. Policies and Requirements IV.D 44 Parkt, 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. 45 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. 2.36.010 Chapter.236 PARK AND RECREATION COMMISSION 2.36.030 Compensation of members. The park and recreation commission shall act as such without any compensation. (Ord. 1025 § 6) Sections: 236.010 Created. 2.36.020 Membership—Terms— Vacancies. 2.36.030 Compensation of members. 236.040 Chairman. 236.060 Meetings. 236.070 Duties. 236.080 Powers generally. 236.090 Funds—Disposition of moneys. 236.100 Budget. 236.110 Powers delegated to commission to be advisory. 236.010 Created. A park and recreation commission for the city is created. (Ord. 1025 § 1) 236.020 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) 236.040 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) 236.060 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. 236.070 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 KEITH BEVERLY\ PARKS & RECREATION SEPTEMBER 18, 1997 TO: MAYOR LEWIS and COUNCIL MEMBERS FROM: Planning Director SUMMARY OF PLANNING COMMISSION MEETING OF SEPTEMBER 17,1997: 1. ZCA 97-02/LCPA 97-01/ZCA 97-03/LCPA 97-07 - DRIVE-THRU RESTAURANT PROHIBITION - By a 2-4 vote (Nielsen, Noble, Savary, Welshons - no - Compas absent), the Commission denied the request to amend the City's Zoning Ordinance and all segments of the City's Local Coastal Programs to establish a Citywide prohibition on Drive-thru Restaurants. 2. CUP 271x2 - CARLSBAD INN BEACH FACILITY- The Commission approved (6-0) a second extension of CUP 271 to allow the continued operation of Carlsbad Inn's private beach club facility located at the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection in Local Facilities Management Zone 1. 3. CDP 97-27 DONAHUE RESIDENCE - The request for approval of a Coastal Development Permit to allow for the construction of a single family residence within the City's Coastal Zone located on Franciscan Road within the La Costa Downs subdivision was approved (6- 0). 4. CDP 97-30 - HEERS ADDITION - By a 6-0 vote, the Commission approved a Coastal Development Permit to allow the construction of a single family residence and a garage addition on a lot with an existing single family dwelling located at 2499 Jefferson. 5) CT 97-08/PUD 97-05 - MARVISTA AT LA COSTA - The Commission approved (6-0) a Negative Declaration, Tentative Tract Map and Planned Development Permit to construct a subdivision consisting of 17 single- family, small-lot dwelling units, plus recreation and RV facilities on 21 lots created from a 2.49-acre, previously-graded site, located on the north side of Unicornio Street, west of El Fuerte Street in Local Facilities Management Zone 6. MICHAEL J. HOLZMILLER c: City Manager Assistant City Manager Assistant to the City Manager Department Heads Sue Spickard/Keith Beverly Connie Beardsley, Mgr. Arts Office Library Board (5 copies) 48 Octobers, 1997 TO: ACTING COMMUNITY SERVICES DIRECTOR From: Park Development Coordinator CARLSBAD SKATEPARK: WORKSHOP AND MEETING DATES The following is a schedule of dates for the proposed workshops and related meetings. The schedule is very compressed in order to meet the overall project timeline. A flyer is being designed announcing these workshops and will be posted strategically around town and at skateboard shops in Carlsbad, Encinitas, Vista, and San Marcos. • "Kick Off" Mtg. w/City staff October 16, 9:00 a.m. @ Safety Center Discuss strategies for the workshops, project constraints, etc. • Workshop #1 November 4 @ Safety Center (time TBA) Gather preliminary input from citizens (skaters, parents, skateboard business owners, etc.) • Mtg. w/City staff November 12 @ TBA, time TBA Review Workshop #1 and discuss alternative designs, costs to be presented in Workshop #2 and strategies, etc. • Workshop #2 November 13 @ Safety Center (time TBA) Present alternative designs, review prelim, costs, etc. • Mtg. w/City staff November 17-21 (flexible, TBA) Review Workshop #2, final design plan, costs, discuss strategies for Workshop #3 • Workshop #3 November 25 @ Safety Center (time TBA) Present final concept plan • Park & Pec. Commission December 15 Present final Concept Plan Plan with cost estimates, schedules, etc. City Council January 6, 1998 Present Concept Plan with cost estimates, schedules, etc. Let's get together and discuss this. Mark Steyaert Assistant City Manager Senior Management Analyst, CSD Planner (via Planning Director) Associate Civil Engineer, Jantz