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HomeMy WebLinkAbout2000-08-21; Parks & Recreation Commission; 800-3; Street Tree Policyr PARKS & RECREATION COMMSSION - AGENDA BILL AB# 800-3 STREET TREE POLICY MTG. DATE: 8121100 TITLE : INFO a ACTION STAFF: Bevtiriy/CarWI RECOMMENDED ACTION : Review recent City Council action regarding the Street Tree Policy. Take appropriate action relating to Commission review of appeal process. ITEM EXPLANATION : In June 2000, the City Council took action to adopt several ordinances and resolutions relating to the implementation of a new Street Tree Policy. This action came as the result of a Citizens Committee formed by the Council to review, evaluate and.recommend changes to the existing policy. , As a result of the creation and implementation of the new Street Tree Policy, staff anticipates the Commission's involvement and responsibility to resolve street 'he related issues will moderately increase. During the past two months, staff has met on several occasions with individual members of the Commission to discuss the newly adopted Street Tree Policy and strategize how best to manage tree related issues such as the appeal process (i.e. create subcommittee, quarteily hearings etc.) The purpose of this agenda item is to engage in-some general discussion relating to the best way to process tree issues from the stand point of Commission involvement. Therefore, siaff will give. a brief introduction of the item and then turn it over for Commission discussion. All Commissioners have been briefed on this issue so that an infonnative dialogue may ensue. Staff will be available to answer any specific questions related to the newly adopted Street Tree Policy. I' EXHIBITS: 1. Street Tree Policy Committee final report 2. City Council Agenda Bill 15,784 3. Letter to PRC from General Services Manager CITY OF CARLSBAD STREET TREE POLICY COMMITTEE Final Report c January 25,2000 018 EXHIBIT I . TABLE OF CONTENTS .. I . INTRODUCTION ..................................................................................................................... 1 I1 . RESOLUTION NO . 99-484 ...................................................................................................... 2 III . MISSION STATEMENT ........................................................................................................... 6 IV . GOALS ...................................................................................................................................... 7 V . STREET TREE POLICY .......................................................................................................... 8 A . Purpose Statement ......................................................................................................... 8 B . Glossary ........................................................................................................................ 9 C . Tree Planting ................................................................................................................ 10 D . Tree Removal ............................................................................................................... 10 E . Tree Replacement ........................................................................................................ 12 F . Tree Maintenance ........................................................................................................ 13 G . Heritage Trees .............................................................................................................. 14 H . Appeals ........................................................................................................................ 15 VI . NOTIFICATION LETTER ..................................................................................................... 16 VI1 . MAP ....................................................................................................................................... 17 VI11 . ACCESSORY RECOMMENDATION LIST .................................................................... 18 . INTRODUCTION On September 28, 1999 and October 19, 1999, the City Council of the City of Carlsbad heard testimony hm the public claiming the City was removing too many of its older mature trees in Olde Carlsbad. The public argued these trees give their neighborhood its appealing charm. On November 2, 1999, the City Council determined that the 1970 tree policy needed review and further determined to appoint a fifteen member citizen’s committee to review it and make recommendations for appropriate changes. The policy recommended by the Committee would pertain to Olde Carlsbad that is bounded by El Camino Real to the ocean, between Agua Hedionda and Buena Vista Lagoons. For two months (November 10, 1999 through January 10,2000), the Street Tree Policy Committee met twice a week. During these meetings, the Committee used a variety of resources and invited numerous guest speakers to help guide them in developing a new Street Tree Policy. Representatives fiom People for Trees, SDG&E, and City staff hm the Historic Preservation Commission gave insightful information to the Committee. In addition, sample policies from San Diego to Portland Oregon were obtained and reviewed by the Committee. The Committee also viewed a video tape by the Fallbrook Land Conservancy an saving trees. Even though the Committee received a minimal number of public comments .(three oral and two written), the information was informative and usefbl. With the assistance from a certified arborist consultant, the Committee developed a mission statement, goals, a notification letter, a purpose statement and a comprehensive Street Tree Policy. The policy addresses tree planting, removal, replacement, maintenance, heritage trees and an appeals process. While the Committee was deliberating, a number of important issues were raised that the Committee felt the City should address. These issues are listed in the Accessory Recommendation List and is attached to this report. The Citizens Street Tree Policy Committee is pleased to present to the City Council the Final Report for the management of street trees in the public right-of-way in the area of Carlsbad west of El Camino Real to the ocean between Agua Hedionda and Buena Vista Lagoons. Citizens Street Tree Policv Committee Eric Larson, Chair Tony Lawson, Vice-Chair Ross Cimncione Shirley Cole Laura Little Jeanne McFadden Carl Miller Tom Mills Mario Monroy Doreen Naughton Guy Roney Linda Snyder Jim Stachoviak Nick Vessey Ruth- Wheeler - 1 Citv Staff Fred Burnell Scott Carroll Doug Duncanson Barbara Kennedy Pauline Killingsworth Mark Steyaert Citv Consultant Arborist Stephen Hoicomb 020 I la 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 99484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FORMING A CITIZENS COMMIlTEE TO STUDY STREET TREES IN THE PUBLIC RIGHT OF WAY IN THE AREA WEST OF EL CAMINO REAL TO THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA GOONS WHEREAS, the City Council adopted its Council Policy Statement on Street Trees on October 20,1970; and WHEREAS, the City Council has determined that that policy needs to be reviewed, updated and changed, as appropriate; and WHEREAS, the City Council held meetings on September 28,1999 and October 19,1999 receiving public input and staff recommendations; and WHEREAS, the City Council has determined that pending a study and report from this Committee, no street trees within the public right of way shall be removed without its permission; and WHEREAS, the Committee is directed to consider all relevant issues in formulating its recommendations to the City Council including but not limited to, aesthetics, neighborhood compatibility and preferences, safety, liability, environmental impacts, and to consider all applicable laws, including but not limited to Americans with Disabilities Act, Clean Water Act and the like, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitals are true and correct. 2. There is hereby formed a Citizens Committee to Study the City's Tree Policy (attached as Exhibit A) not to exceed 15 members and after careful study and 02% 2 consideration of all appropriate and relevant information induding public input, it shall make its report and recommendations to the City Council. Its report shall recommend a policy for the planting, maintenance and removal of trees in the public right of way. It is expected that this process shall be completed early next year and after delivering its report and recommendations, the Committee's work is completed and shall be automatically dissolved unless another Council resolution extends it. 3. The meetings of the Citizens Committee shall be open and public and any person may attend. The Committee shall select a chairperson from its members and shall conduct its meetings in general conformance to City Council procedures. It shall allow a reasonable comment period on each of its meetings for public comment. 4. The Committee shall be given all necessary support, supplies, materials, assistance of experts, and other resources necessary for the expeditious completion of its work. The Public Works Director or his designee shall be an ex-offiao member of the Committee and shall attend all of its meetings and assist it in the conduct of its business. 5. The Committee shall make its report to the City Council by December 15,1999 unless at the request of the Committee it is impractical to do so and the Council has determined a different date. 6. The initial members of the Committee shall be: Tony Lawson Ross Clrrinclone Shlrley Cole Eric Larson Nick Vessey Doreen Naughton Jeanne McFadden GUY Roney Linda Snyder Laura Little Tom Mills Jim Stachovlak Carl Miller Mario Monroy Ruth Wheeler 022 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad held on the 2nd day of November 1999 by the following vote, to wit: AYES: Council Members Lewis, Eall,'Finnila, Nygaard and Kulchin Karen R. Kundtz, Asxstant City Clerk (SEAL) 4 023 e."-- I "- -- -----__I CITY OF CARLSBAD "j-policy NO. 4 . COUNCIL POLICY STATEMENT c- Date' Issued 10-20-70 Genera1 Subject: Streets Cancellation Date Specific Subject: Street Trees Effective Date 10-20-7 2upersedes No. Zopies to: City Council, City bhnager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To state City policy regarding removai and replacement of street trees. STAT-EMEHT 0 F POL ICY : 1. 2. 3. 4. 5. The City will make every effort to trim and spray street trees according-to ,a regular schedule within the limits of available manpower. 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. 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 reptacement 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 are indicated, the re- placement trees must be uniform and of an improved species unless otherwise approved .by the Parks and Recreatibn 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 reFoval.of existing street trees simply on the bash of individual or group preference between species of trees. '# .. 0 I C rc . . 6 025 CITY OF CARLSBAD STREET TREE POLICY GOALS STATEMENT The Street Tree Goals for the area of the City of Carlsbad west of El Camino Real to the Ocean between Agua Hedionda and Buena Vista Lagoons shall .be: 1. To assure the resolution of tree related conflicts between citizens and between citizens and City tree policy. 2. To establish a maximum tree cover by maintaining a minimum tree density of 90% of all valid tree sites. 3. To establish and maintain a healthy tree population by having the City's tree maintenance staff appropriately maintain all trees planted within the City's right-of-way. 4. To establish and maintain appropriate tree species diversity and age diversity to provide for a stable and sustainable community forest. 5. To promote tree resource conservation by restricting the indiscriminate removal of trees in all age classifications and by making provisions for adequate tree replacements and the development of a community forest management plan. ,- 6. To select, situate, and maintain street trees appropriately to minimize hazard, nuisance, hardscape damage, and maintenance costs by establishing adequate planting site specifications and by avoiding undesirable tree species and inappropriate combination of tree species and tree-site combinations. 7. To centralize tree management under the Office of the Director of Public Works. 8. To promote the efficient and cost-effective management of the City Street Tree Program by assuring that resources are directed toward the most critical activities and by establishing a long range plan that sets priorities for the tree resource. 9. TO foster community support for the street tree program and encourage good tree care for privately owned trees by providing information to the community on proper tree management and maintenance. 7 CITY OF CARLSBAD STREET TREE POLICY Final Draft PURPOSE: To state City policy regarding the planting, removal, replacement and maintenance of street trees within the public right of way in that portion of the City west of El Camino Real to the Ocean and between Agua Hedionda and Buena Vista Lagoons. A copy of this policy will be available at all City Library branches in the City of Carlsbad and shall be made available to any citizen upon their request to the City of Carlsbad, Gend Services of the Public Works Department (MSA). The City of Carlsbad finds and declares that trees contribute greatly to the health, safety and general welfare of the citizens living in the area west of El Camino Real to the Ocean between Agua Hedionda and Buena Vista Lagoons and that the preservation and proper maintenance of trees is a matter of city wide concern. The City of Carlsbad further finds and determines that it is necessary to enact regulations prohibiting unnecessary removal or destruction of trees. P The City of Carlsbad recognizes and finds that trees: provide aesthetic benefits, windbreaks, summer shade, noise abatement, privacy screening, erosion control, filters airborne pollutants, release oxygen, and provide wildlife habitats. Trees of sigmficant size and maturity perform these functions for all persons living in their vicinity. These functions also benefit the property where a specific tree site is located as well as benefit the community as a whole. Trees are key elements in a living system the boundaries of which do not conform to the arbitrary property lines of individual lots and parcels and upon which the continued health and welfare of this community depends. In addition, trees in the community and in a neighborhood provide a sense of identity and tradition and enhance property values. The City of Carlsbad finds and declares that careless treatment, lack of appropriate management, improper maintenance and arbitrary removal of trees detracts from scenic beauty, causes erosion, increases risks of landslides, reduces property values, increases construction and drainage costs, and thereby further reduces the attractiveness of the community. Therefore. the City of Carlsbad enacts the following policies to protect trees growing in the public right-of-way within the area west of El Camino Real to the Ocean, between Agua Hedionda and Buena Vista Lagoons. - 8 027 ANSI - American National Standards Institute Tree Pruning Standards Citizen - “Citizen” shall mean any individual, or group of individuals, any partnership or corporation, or any unincorporated association. Certified Arborist - An arborist certified by the International Society of Arboriculture. Clear-cut Tree Replacement Strategy - When all trees mature and are removed and replaced at the same time in a given area. Hazardous Tree - Any tree or tree condition which represents a clear and present danger to persons, property or to other healthy trees shall be considered a hazard. Heritage Tree - A heritage tree shall be defined as any tree which has been found by the City to be of notable historic interest because of its age, species, or historic association. At no time will Heritage Trees comprise more than 10% of the total tree population. Street Tree - Shall be any tree planted within a valid tree site within the public right-of-way whose intention is to provide benefits to the community at large. Short-Term Rotational Planting - Every tree is assign a given appropriate service life related to its species, and then the trees are rotated (removedreplaced) at the end of that service life. + Tree Service Life - The number of years that the tree provides the most benefits with the least amount of costs. Valid Tree Site - A tree site is that area of the public right-of-way where a tree can be planted. The requirements shall be one tree per residence or 40 feet between trees for a large tree site, 30 feet for a medium tree site and 20 feet for a small tree site. All tree sites beneath a high-voltage electrical line shall be considered a small tree site. Tree sites shall be planted with a large, medium or small tree listed and approved by a City designated certified arborist. 9 STATEMENT OF POLICY: 1. 2. 3. 4. 5. 6. Tree Pianti= (reforestation) It shall be the policy of the City of Carlsbad, hereinafter referred to as “City”, to maintain a tree population of not less than 90% of all qualified (valid) tree sites within the developed right-of-way of the City. The City will maintain a tree population with an age,and species diversity adequate to conserve the tree resource withm the City of Carlsbad. All tree platings either for reforestation or replacement shall conform to applicable Americans With Disabilities Act (ADA), California Environmental Quality Act (CEQA) and City Future Improvement Agreement (FIA) provisions. Citizens or City departments may request the planting of a tree, within a valid tree site, on public right-of-way by contacting in writing the City’s General Services of the Public Works Department (MSA). All residents shall be encouraged to properly care for newly planted trees within the first two years after planting. Proper care shall include but not be limited to: proper irrigation, inspection of stakes and ties, and maintaining the area of the imgation basin free from turf grass or other plants. All trees will be planted in valid tree sites within the public right-of-way in the portion of the City west of El Camino Real to the Ocean and between Agua Hedionda and Buena Vista Lagoons. Tree Removal 1. The City will not remove any tree for the purpose of installation of a new sidewalk, or for street widening, until viable alternatives to tree removal have been investigated. Alternatives to tree removal will be referred to the City to allow for such alternatives to be considered prior to the removal of such a tree. 10 2. The City will not 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 designated certified arborist. Alternatives to tree removal, if any, will be included in a written report by the City designated certified arborist. - 3. The City will not remove existing street trees on the basis of individual or group preference for a specific species of tree. 4. Citizens or City departments 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 move the tree by making a formal appeal to the City. Such a request shall include the reason for the request for removal. 5. Potentially hazardous street trees shall be inspected by a City designated certified arborist. - 6. Potentially dead, dying or diseased trees shall be inspected by City designated certified arborist. Upon the written recommendation of the inspector for the removal of dead, dying or diseased trees, a Letter of Notification will be posted in accordance with paragraph 10. 7. The City will not remove any tree or tree-part solely for the cause of view restoration. 8. Consideration for tree removal will be given a priority rating depending on the following factors: 1) Service Life; 2) Damage to utilities andor sewer lines; 3) Damage to hardscape; 4) Conformity of the existing tree to recommended species listing. 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. 9. All tree removals, whether by the City, contractor, resident, or SDG&E, 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. 11 clsu 10. All trees recommended for removal shall be posted by attaching the Letter of Notification and a non-removable marking upon the subject trees a minimum of 30 days prior to their 4 removal. It shall be an iniiaction to remove a City posted Letter of Notification identifylng a .c tree recommended for 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 to the owners 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: 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 replanted; 5) The size of tree to be replanted; and 6) The date by which an appeal must be made to the City; and 7) a description of the appeal’s process. 1 1. It shall be an infraction punishable under law for any person to remove or damage any City- maintained street tree without first obtaining a permit from the City, and at hearing to all provisions of thls policy. - 12. The City will not use a clear-cut tree replacement strategy for the management of street trees. Where practicable, and when adequately planned, alternative tree sites will be planted a minimum of five years prior to the removal of a street tree for the purpose of reforestation. 13. Where practicable, tree relocation shall be considered as an alternative for any tree removal. Tree ReDlacement: 1. The City will replace all removed street trees. The species, size and approximate date of the replanting shall be included on the notice of tree removal as specified in Tree Removal (paragraph 10 above). 2. Trees that have been removed shall be replaced within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. 3. Tree sites not meeting the minimum specifications for a valid tree site will not be replanted. L 12 4. All removed trees shah 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 “Uni$onn Street Planting Map ’* approved by the City. - 5. Trees adjacent to high-voltage utility lines shall be replaced with a species recommended by SDG&E and the “Uniform Street PZanting Map ” shall be amended to reflect these recommendations. 6. All tree replanting shall be with a minimum 15-gallon container tree except, when the resident 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. 7. Individuals or neighborhoods 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 designated certified arborist. All trees removed for this reason must be replaced with a tree listed as an approved species by the City. 8. The City will allow short-term rotational plantings: 9. The City will review the approved species list annually and to add and delete tree species which are proven to be adaptable to street tree sites in Carlsbad. Tree Maintenance 1. City trees shall be maintained to keep them in a safe and healthy condition. 2. Citizen or City department requests for tree maintenance will first be reviewed by a City designated certified arborist and then appropriate maintenance will be scheduled. 3. It shall be the obligation of the Director of Public Works or his designee to assign appropriate scheduled tree maintenance, including but not limited to pruning, fertilization, irrigation and pest-control based on tree age, species, size and location to assure the proper maintenance of all street trees. 13 0 32 4. All tree pruning shall confonn to ANSI A-300 standards except for the pruning of interim *- trees in short-term rotational plantings. 5. The standard pruning practice for mature and over-mature trees having no over-head or side growth site restrictions shall be to the ANSI A-300 “Crown Cleaning” standard. 6. Where over-head or side growth site restrictions are present the standard pruning practice for mature and over mature trees may be to the ANSI A-300 “Crown Reduction” standard. 7. Where minimum clearance requirements for sidewalks or roadways reduce the over-head growing space of mature or over-mature trees ANSI A-300 “Crown Raising” may be used. 8. Immature trees shall be pruned for good branch structure using the appropriate ANSI A-300 pruning type required. 9. Newly planted trees shall receive their first pruning to improve branch structure not less than 12 or greater than 18 months after planting. The appropriate ANSI A-300 pruning type shall c be used assure proper branch structure of newly planted trees. 10. City tree maintenance staff will not prune trees where any part of the tree is within ten feet (1 0’) of a high voltage electrical line. Staff will notify SDG&E and the resident of the need for pruning of a tree in such proximity to a high voltage electrical line. Heritage Trees 1. The City will develop a Heritage Tree list showing all trees which currently hold some historic value to the City. 2. No Herilage Tree shall be removed by the City except if it is determined by a City designated certified arborist that such a tree is creating a hazard, or by formal appeals process. 3. The Heritage Tree list shall be available to the public upon request. 14 &)Deals c 1. Any Citizen or neighborhood may request a formal appeal to the City within 30 days of the posting of a City Tree and subsequently to the City Council regarding a staff decision: 0 on the location or species of any stmet tree selected by City staff for planting at a specific location; and/or 0 a staff recommendation for the removal of any non-hazardous street tree. 2. Any citizen, neighborhood or City department may request a formal appeal to the City and subsequently to the City Council regarding: 0 the removal of a street tree which is not dead, dying or diseased; andor the removal of a street tree that is listed as a Heritage Tree; and/or the removal of a street tree that is causing damage to hardscape or for the cause of routing underground or overhead utilities. "- 3. Appeals will be made by submitting a Tree Appeals Form available from General Services of the Public Works Department (MSA). 4. There shall be no fees assessed in connection with either the appeal to the City, or subsequently to the City Council. 15 January 25,2000 SAMPLE NOTICE. Dear Resident: This letter will notify you that a City street tree located at will be tagged for removal on . This street tree is scheduled for removal on, or shortly after, Species: Reason for removal: - The removal of the stump and replanting of a new. tree will be scheduled at a later date. A minimum 15-gallon tree will be planted in accordance with the City’s Street Tree Master Plan. Larger trees are available on special request, but at the requester’s expense. The new tree will be planted near or adjacent to the tree that is scheduled for removal. If you disagree with the City’s decision to remove the designated tree (or have any specific questions), please contact the City’s Tree Maintenance Division at 434-2824. After you have discussed this matter with City staff and you are still not in agreement, you may appeal the decision to the City and subsequently to the City Council. The deadline to submit an appeal to the City is thirty days from the date of ths letter (February 25,2000). A copy of the City’s Street Tree Policy is also available at your request. Sincerely, FRED BURNELL Public Works Street Tree Supervisor c 035 16 405 Oak Avenue 0 Carlsbad, CA 92008-3009 (760) 434-2980 FAX (760) 720-9562. @ a City ofcarisbad &ens Committee to Study the City's Tree Policy Accessory Recommendatiom I During the process of studying street trees as assigned by the Crrlsbad City Council, the Citizens Committee to Study the City's Tree Poiicy determined that a number of issues should be addmsed by the City in order to mate a comprehensive and functional tree policy for the entire City. The Committee strongly recommends that the City of Cubbad establish a reasonable timeframe to pursue the following recommendations. 1. Create a Ci Tree Commission. 0 Ci Council appointed comm&sion. Commission to sunset after a maximum of seven yeus. Deal with all issues relating to city tree policies. 0 Heu citizur appeais on tree removals. 0 Oversee Community Forest Management Plan. 2. Designate Responsible Ci Staff Member to Oversee Tret Policies. 3. Create a Community Forest Management Plan for the City of Carlsbad 4. Update Ci of Carbbad Strat Tree List 0 Identie trees suitable for small, medium and large tree sites. 0 Include use of native C&fornia.speciea. 0 Indude use of drought tolerant species where appropriate. Reconcile tree list with San.Diego Gas and Ekctric for sites adjacent to high 0 Reconcile tree list with the City of Carlsbad Fire Department. 0 Guarantee updite on an ongoing basis. 0 Review by City every five years. Quadrant by quadrant review and policy development. 0 Establish policies that apply to particular neighborhoods. 0 Establish policies that apply citywide. 0 Develop easy to understand flyers for the public with tree care instructions. 0 Inform residents about existing tree policies (cg. planting under transmission Encourage residents to plant new trees in appropriate locations. Plant replacement trees prior to loss of old age trees. voltage utility lines. 5. Update Uniform Street Tne Planting Map. 6. Review Street Tree Standards for Entire City 7. Initiate a Street Tree Education Program. lines). 8. Institute a Program to Replace Old Age Trees. 9. Determine Policy for Removal of City Trees Not in Right-of-way. 10. Establish a Heritage Tree Policy/Program. Protect trees with historical significance. Identi@ and protect trees with horticultural interest because of size, age, distinctive structure, rare or unusual species for the area, or outstanding nature of the specimen. Included privately owned trees on a voluntary basis. Coordinate with Historic Preservation Commission. Establish and implement a management plan. Establish an immediate means of securing appropriate fines and damages from 11. Hosp Grove. 12. Fines and Damages. individuals wbo purposely remove or damage street trees. 18 037 i ;/ CITY OF CARLSBAD -AGENDA BILL .. . P4 TITLE: DEPT. HD. THE f INANClAL ANALYSIS AND IMPLEMENTATION OF A STREET TREE POLICY CrrYATN. RECOMMENDED ACTION: 1. 2. 3. 4. 5. 6. Adopt by minute motion Council Policy Statement No. 4 pertaining to street trees. Adopt Resolution No. 2000-182 directing staff to include $83,000 in the Fiscal Year 2000-01 budget for the implementation of a comprehensive street tree program in the City of Cartsbad. Adopt Resolution No. 2000-183 directing staff to include $151,000 in the Fiscal Year 2000-01 budget for the implementation of the Accessory Recommendations created by the Citizen Committee to Study the City’s Tree Policy. Adopt Resolution No. 2000-184 establishing an appeal fee to defray the City’s costs for processing appeals to thew Direct City Attorney to title and introduce Ordinance No. NS-545 amending Title 11, Chapter 11.12 of the Carlsbad Municipal Code, “Trees and Shrubs”. Direct City Attorney to title and introduce Ordinance No. NS-547 amending Title 2, Chapter, Chapter 2.36 of the Carlsbad Municipal Code regarding the powers and duties of the Parks and Recreation Commission. .. n. Tb n COShnz~UY, ITEM EXPLANATION: At its meeting of June 6, 2000 the City Council directed the City Attorney to return with documents memorializing its decision to: Adopt a Street Tree Policy Amend Chapter 11 .I2 pertaining to trees and shrubs; 0 To fund the implementation of a comprehensive Street Tree Program; To expand the powers and duties of the Parks and Recreation Commission to To establish appeal fees to defray the City’s costs for processing appeals to the Parks administer and implement the comprehensive Street Tree Program; and ‘ and Recreation Commission under the comprehensive Street Tree Program. Those documents are attached for your consideration. The Council should satisfy itself that these.documents reflect its intent as expressed in its meeting of June 6,2000. FISCAL IMPACT: 038 The fiscal impact of adopting and implementing these recommendations are set forth in AnQndn Rill 1s 7RQ nrnenn+n-J -4 4L- ”-.-- - ‘I’ .. ” CITY OF CARLSBAD COUNCIL POLICY STATEMENT , General Subject: Streets Specific Subject: Street Trees ~ . Page 1 of 4 Policy No. 4 Date Issued June 13.2000 Effective Date June 13.2000 Cancellation Date Supersedes No. 4 (Dated 1 1-02-99) Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND: The City Council determined that the Street Tree Policy needed to be updated to ensure the preservation, proper maintenance and continued enhancement of public trees. PURPOSE: Establishing a policy for the preservation, proper maintenance and continued enhancement of street trees in the City of Carfsbad. POLICY The following street tree policy shall be established: 1. Tree Plantinq A. It shall be the goal of the City to maintain a tree population &w&b&hn hgj 90% of all qualified (valid) tree sites within the developed right-of-way of 6. The City's Community Forest Management Plan shall set forth standards removal, replacement, maintenance and the preservation of street trees. * ~~~~~~~~~~~~~~~~~ U. Tree Removal A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for street widening, until viable alternatives to tree removal have been investigated. Alternatives to tree removal will be referred to the Public Works Manager/General Services, or hidher designee, to allow for such alternatives to be considered prior to the removal of such a tree. 039 c _- 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 Public Works ManagedGeneral Services, or hidher designee. The Public Works ManagedGeneral Services will decide which alternative, if any, to implement. C. The City will not remove existing street trees on the basis of individual or group preference for a specific species of tree. D. Any person may request the removal of a street tree, which is not dead, dying, hazardous or in such a condition that the City would not normall remove the tree by making a formal appeal to the 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 limitedto the following information: .. 040 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. be made to the 7. A description of the appeal process .. J. The City will not use a clear-cut tree replacement strategy for the management of street trees. Where practicable, and when adequately planned, alternative tree sites will be planted a minimum of five years prior to the removal of a street tree for the purpose of reforestation. K. No Heritage Tree shall be removed except if it is determined by a City arborist that such a tree is creating a hazard, or by formal appeals process. II. Tree Replacement A. It shall be the goal of the City to replace all removed street trees. The species and approximate date of the replanting shall be included on the notice of tree removal as specified in Section 11.1. 6. It shall be the goal of the City to replace all removed street trees within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. C. Tree sites not meeting the minimum specifications for a valid tree site will not be planted. D. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the City, or the conditions existing at the valid site. No tree shall be planted into the public right-of-way that does not comply with the “Uniform Street Planting Map” approved by the City. E. Trees touching or nearly touching high-voltage utility lines shall be replaced with a recommended species. F. All tree replanting shall be with a minimum 15-gallon container tree, except when a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. G. A person may request replacement of a street tree species specified by the “Uniform Street 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 ManagedGeneral Services. All trees removed for this reason must be replaced with a tree listed as an approved species by the City. Page 4 of H. The City will allow short-term rotational plantings. I. The General Services Department of the Public Works (MSA) will review the approved species list annually and will add and delete tree species based on their adaptability to street tree sites in Carlsbad. V. 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 thc City Council. J. Appeals A. may request a formal appeal to the .. 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 .. 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: andor 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 .. ,@#id OF) co denies an appeal, the applicant may request a final appeal to the City Council within ten (1 0) 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. -. - 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 ORDINANCE NO. NS-545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING TITLE 1 1, CHAPTER 11.12 AND REENACTING CHAPTER 11.12 OF THE CARLSBAD MUNICIPAL CODE RELATING TO TREES AND SHRUBS WHEREAS, the City Council recognizes that trees contribute greatly to the heath, safety, and general welfare to all of Carlsbad citizens and that the preservation and proper maintenance of trees is a matter of citywide concern; and WHEREAS, the City Council further recognizes that trees and shrubs improve the environment and provide great aesthetic benefits by moderating the climate; releasing oxygen; acting as filters against airborne pollutants; providing noise abatement; privacy screening; erosion control and harboring wildlife in an urban setting; and WHEREAS, the City Council has the authority to determine all aspects of the presenration and proper maintenance of public trees and shrubs; and WHEREAS, the City Council finds and determines that it is necessary to enact regulations prohibiting unnecessary damage to, removal of, or destruction of public trees and shrubs. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as bllows: SECTION 1. That existing Title 11, Chapter 11.12 of the Carisbad Municipal Code s repealed. SECTION 2. That Title 11, Chapter 11 -12 of the Carlsbad Municipal Code is 3dded to read as follows: "Chapter 11.12 TREES AND SHRUBS Sections: 11.12.010 Purpose and intent 043 1 1.12.020 Definitions 1 1.12.030 Jurisdiction of general services department of public .works .. .. 'h 7- a1 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 11.12.040 1 1.12.050 1 1.12.060 11.12.070 11.12.080 11.12.090 11.12.100 11.12.110 11.12.120 11.12.130 11 A2.140 11.12.150 11.12.160 Master tree list Street tree planting and maintenance procedures Approval prior to planting Street tree maintenance Protm'on of trees Tree removal Tree replacement . Ovehanging trees Uniform street planting map Community forest management plan Weritage trees >Appeals Nidation 11.12.010 Pumse and intent. The public interest and welfare require that the city establish, adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the city. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, and to presewe trees with historic or unusual value. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees. It is the goal of this policy to provide for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect and preserve all desirable trees that are located on the city's right-of-way. It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing urban forest. 1 1.12.020 Definitions. A. For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section, unless it is obvious from the context that another meaning is intended: Society of Arboriculture. contains goals and policies that will guide the city in its actions and decisions affeding trees within the city limits. 3. "Hazardous Tree" means any tree or tree condition which represents a danger to persons, property or other healthy trees. 4. "Heritage Tree" means any tree existing within the crty limits which has been so designated by resolution by the city council. Heritage trees shall be trees with notable historic interest or trees of an unusual species or size. 5. "Maintain" or "maintenance" means the entire care of trees including ground preparation, fertilizing, mulching, trimming and watering. 6. "Plant" means an herb that lacks a permanent woody stem. 7. "Shrub" means a low woody plant having several stems and a trunk less than three inches in diameter at a height less than four and half feet above the gmund. 1. 'Certified Arborist" means an arborist certified by the International 2. "Community Forest Management Plan" means a document that 4144 ,- I( 8 9 10 11 12 13 _- 14 15 16 17 18 19 ~ 8. Tree" means any perennial woody plant having a trunk at least 'three inches in diameter at a height four and one-half feet above the ground. This definition shall indude any tree planted by or required to be planted by the city which will attain the stated size and maturity. 9. "Tree Service Life" means the number of years that the tree provides the most benefits With the least amount of costs. 10. "Valid Tree Site" means a tree site in that .area of: the public right of way .where a tree can be planted.' The requirement shall be one tree per residence or forty feet (40') between trees for a large tree site, thirty feet (30') for a medium tree site and twenty feet (20') for a small tree site. All tree sites beneath a high voltage electrical line shall be considered a small tree site. Tree sites shall be planted with a large, medium or small tree listed and approved by the city. ' 1 1.12.030 Jurisdiction of Public works department. A. The city manager, acting through the public works director or hidher designee, shall exercise 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. 1 I. 12.040 Master tree list. A. The city manager, acting through the public works director or hisher 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. ' 1 1 J2.050 Street tree Dlantina and maintenance procedures. 'designee, shall develop and implement policies and standards for street tree planting 'and maintenance and will incorporate these policies and standards into the city's community forest management plan, which shall be adopted by resolution of the city council. I A. The city manager, acting through the public works director or hidher 20 1 1.12.060 ApDroval Drior to Dlantinq. )I A. No tree, shrub or plant shall be Dlanted in any street. sidewalk. median or 21 22 23 24 - 25 26 27 other public right of way of the ci until the city manager, adting through the public works director or hidher 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 director or hidher designee, to assign appropriate scheduled tree, shrub or plant maintenance, induding 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. 1 1.12.080 Protection of trees. 045 7 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 1 i the city, unless such work conforms with all city regulations and standards. These regulations and standards are kept on file in the office of the public works department. B. No person shall remove, injure or misuse any guard or device placed to protect any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city. C. No person shall hitch or fasten any kind of animal to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city; nor shall any person place a post for hitching of animals within five feet of any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public rig'ht of way of the city. D. No person shall willfully injure, disfigure or intentionally destroy by any means any tree, shrub or plant growing in any street, sidewalk, median or other public ight of way of the city. E. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise Fill up the ground area near any tree, shrub or plant growing in any street, sidewalk, nedian or other public right of way of the city, to shut off air, light or water from the roots, 3xcept under written authority from the city manager, acting through the public works jirector or hidher designee. 2. Place building material, equipment or other substances likely to =use injury to a tree near any tree, shrub or plant growing in any street, sidewalk, nedian or other public right of way of the city, which might cause injury to the tree. 3. Post any sign on any tree that is not scheduled for removal as lescribed in section 11.12.090 of this chapter, tree-stake or guard, or fasten any electric wire, insulator or any other device for holding electric, telephone, television or conductor wires to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median )r other public right of way of the city. F. No person shall interfere, or cause any other person to interfere, with 3mployees of the city, or contractors employed by the city, who are engaged in planting, naintaining, treating, removing or replacing any street tree, shrub or plant or removing or eplacing any material which is likely to cause injury to the tree, shrub or plant. G. No person shall plant any street tree, shrub or plant except according to mlicies, regulations and specifications established pursuant to this chapter or any wrrently applicable ordinances or code sections. 11.12.090 Permits required for tree removal. A. Policy. The city values trees as an important part of the environment and ;hall strive to preserve them whenever possible and feasible. When reviewing requests or a street tree removal permit, the city shall discourage removing desirable trees, and ;hall consider approving removal of desirable trees only as a last resort alternative for he applicant. 8. Permits for Removal. Except as otherwise provided in this chapter, moving any street tree in the city shall require a permit issued by the city manager, lcting through the public works director or hidher 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 ,r denying the application in a written report submitted to the city manager, acting hrough the public works director or hidher designee. 046 2. The city arborist may authorize a tree's removal after finding either of he following circumstances: 1 2 3 4 5 6 7 8 9 10 11 12 13 _I 14 15 10 17 18 19 20 21 22 23 24 - 25 26 27 28 a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b. The tree is dead, dying, diseased or damaged beyond reclamation. 3. If the city arborist does not find either of the above circumstances for removing a tree, a prionty rating depending on the following factors can be considered for a tree removal. a. Service life; b. Damage to utilities and/or sewer lines: c. Damage to hardscape; d. Conformity of the existing tree to recornmended species list. The highest priority removal shall be given to trees meeting all four factors. The second priority will be given to trees meeting three factors, etc. 4.' If the city arborist has recommended denying the application, the applicant may request the Parks and Recreation Commission to review the arborist's decision. 5. If the Parks and Recreation Commission concurs with the city arborist's recommendation to deny the application, the applicant may request the city council 'to review the matter for final action. D. All tree removal, whether by city or applicant, shall include the removal of the stump and the removal of all stump grinding chips and the backfilling of the hole created by stump removal with a good quality top soil suitable for the replanting of a replacement tree. E. Notification of Tree Removal. 1. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a prominent location, visible from a public street and will include, but not be limited to the following information: a. The location of the tree b. The reason for the tree's removal; C. The date of the scheduled removal; d. The species of tree to be replanted; e. The size of the tree to be replanted; f. The date by which an appeal must be made to the Parks and Recreation Commission. g. A description of the appeal process. 2. The letter of notification shall also be given to the owner of the property where the tree is scheduled be removed, and to the adjacent property owners, as well as to the property owners directly opposite and to the owners of the properties adjacent to the opposite property. 3. The city manager, acting through the public works director or hidher 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 director or hidher designee determines that a tree's condition threatens public health, safety or welfare; (447 b. When local, state or federal authorities have declared a state Df 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 smh a tree is ereatinn a ha7arri nr hv fnrrnnl annnnla nmpncc 7 1 2 3 4 5 6 7 8 9 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 1 1 .12.100 Tree reolacement. A. It shall be the goal of the city to replace all removed street trees within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. B. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the city, or the conditions existing at the valid site. No tree shall be planted into the public right of way that does not comply with the uniform street planting map as described in section 1 1 .I 2.120 of this chapter. C. Trees that are touching or nearly touching high-voltage utility lines shall be replaced with a recommended species. D. All tree replanting shall be with a minimum Sgallon container tree, except when a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. E. A person may request replacement of a street tree species specified in the uniform street planting map with another species only when there is a medical allergy certified by a medical doctor. The replacement tree will be approved by the city arborist and the city manager, acting through the public works director or hidher designee. All trees removed for this reason must be replaced with a tree listed as an approved species I by the city* 1 1.12.1 10 Overhanaina trees. A. The owner or hidher agent of every lot or parcel of land in the city upon which any trees, shrubs or plants are now or may be hereafter standing shall trim, or ~kause to be trimmed, the branches thereof so that the same shall not obstruct the ~ adequate passage of light from any street light located in any street, sidewalk, median or other public right of way of the city and such owner or hidher agent shall trim all ' branches of any trees, shrubs or plants which overhang any street, sidewalk, median or other public right of way of the city so that tnere shall be a clear height of eight feet above the surface of the street, sidewalk, median or other public right of way of the city unobstructed by branches; and such owner or hisher agent shall remove from such trees, shrubs or plants all dead, decayed or broken limbs or branches that overhang such street, sidewalk, median or other public right of way of the city, and when any such trees, shrubs or plants are dead, such owner or hidher agent shall remove the same so that they shall not fall in the street, sidewalk, median or other public right of way of the II 1 1.12.120 Uniform street Dlantina man A. Upon the recommendation of the Parks and Recreation Commission, the city council shall adopt a uniform street tree planting map that will depict a uniform method of tree plantings on city streets. The city manager, acting through the public works director or hidher 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. - 25 1 1 .12.130 Communitv forest manaaement Dlan. 048 city council shall adopt a community forest management plan that provides direction to 27 develop goals and policies that will guide the city to manage treerelated issues in a proactive manner. The plan will address trees on public property and will discuss planting, removal, replacement, maintenance and the preservation of trees growing on 26 A. Upon the recommendation of the Parks and Recreation Commission, the 28 -5 - ‘1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 any public property or in any street, sidewalk, median or other public right of way of the city- 8. When the management plan in its original or modified form is adopted by the city council, it shall become the tree planting plan for public streets of the city and shall be strictly adhered to in all future street planting improvement projects and in the removal, replacement and maintenance of trees, shrubs or plants in public streets in the city. The management plan for the entire city does not need to be adopted by the city council at one time. Instead, council may adopt the community forest management plan for different portions of the city within a reasonable length of time after the completed plan for any particular portion of the city has been submitted to the city council for adoption. C. The city manager, acting through the public works director or hislher 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. 11.12.140 Heritacre trees. A. The city council recognizes the important role trees have played in the history and development of Carlsbad and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community which have significant historical or arboricultural interest. It is the policy of the city council that all designated heritage trees that are on public streets shall be protected. 1 1.12.1 50 ADDealS. A. Any person may request a formal appeal to the Parks and Recreation 1. the location or species of any street tree selected by the city for 2. the city aborist‘s recommendation for the removal of any non- B. Any person may request a formal appeal to the Parks and Recreation 1. the removal of a street tree which is not dead, dying or diseased; 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 br the cause of routing underground or overhead utilities. C. If the Parks and Recreation Commission denies an applicant’s appeal, the applicant may request a final appeal to the city council within ten (10) calendar days of he commission’s decision. Commission within thirty (30) calendar days of the posting of a city tree for: planting at a specific location; and/or hazardous street tree. Commission for: and/or 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 ~ffice of the public works department. 1 1.1 2.1 60 Violation. 049 A. Any violation of this chapter is a misdemeanor subject to the provisions of Chapter 1, Section 1.08.010 of this code. B. In addition to any criminal penalty, the city may, pursuant to Government We section 36901, impose a civil penalty for any violation of this chapter in an amount Tot to exceed one thousand dollars. - 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 I 27 28 C. Nothing in this section shall prevent the city from bringing a civil action for monetary damages as an alternative to a criminal or civil penalty." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of June ,2000, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the Ci of Sarlsbad on the day of , 2000, by the following vote, to Nit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY lONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 05Q ., r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 r 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 ORDINANCE NO. NS-547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.36 OF CARLSBAD MUNICIPAL CODE PERTAINING TO THE DUTIES AND POWERS OF THE PARKS AND RECREATION COMMISSION WHEREAS, the Parks and Recreation Commission have the power to adopt nrles and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub or plant upon any street; and WHEREAS, the duties of the Parks and Recreation Commission needs to be amended to reflect changes resulting from the Street Tree Policy. NOW, THEREFORE, by the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Section 2.36.070 of the Carlsbad Municipal Code is amended to read as follows: "2.36.070 Duties. The Parks and Recreation Commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in matters pertaining to the creation, operation, maintenance, management and control of community recreation programs, of playgrounds and indoor and outdoor recreations, activities and facilities. Further, it shall be the duty of the commission to advise and make recommendations to the city council of matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and upon any park of the city." SECTION 2: That Section 2.36.075 is added to the Carlsbad Municipal Code to read as follows: 051 '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 - .. - " . .. . .- .t 1 1 i A f 6 7 a 9 la 11 12 13 14 rc 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 through the Public Works Director or hisher designee, regarding the planting or removal of street trees.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of June ,2000, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the Zity of Carlsbad on the day of ,2000, by the following vote, to wit: AYES: NOES: ABSENT: IPPROVED AS TO FORM AND LEGALITY 3ONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor AlTEST: LORRAINE M. WOOD, City Clerk (SEAL) .. ,- 'I 2 3 4 5 6 7 8 9 10 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING STAFF TO INCLUDE $83,OOO IN THE FISCAL YEAR 2000.01 BUDGET FOR THE IMPLEMENTATION OF A COMPREHENSIVE STREET TREE PROGRAM IN THE CITY OF . CARLSBAD WHEREAS, the City Council recognizes that trees contribute greatly to the heatth, safety and general welfare of the citizens of Carlsbad; and WHEREAS, the City Council is dedicated to the preservation, proper maintenance, and continued enhancement of a community forest in the City of Carlsbad; and WHEREAS, the appropriation of funds from the Cis General Fund will enable the Ci to implement a comprehensive Street Tree Program that will contribute to having a healthy, well maintained community forest; and WHEREAS, there are sufficient funds from the Council contingency account in the General Fund to implement the first year of a comprehensive, citywide Street Tree Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as Mlows: 1. That the above recitations are true and correct. 2. That 'staff is directed to indude $83,000 in the Fiscal Year 2000-01 budget for the mplementation of comprehensive citywide Street Tree Program. 11 Il 11 11 I/ 11 fl 053 i - ‘1 2 3 4 5 6 7 a 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 Catisbad held on the 23th day of ~une, 2000 by the following vote, to wit AYES: Council Members Lewis,’Hall, Finnila, and Nygaard. NOES: None ABSENT: Council Member Kulc 4 - 1 2 3 4 5 6 7 8 B 10 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 RESOLUTION NO. 2000-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING STAFF TO INCLUDE $151,000 IN THE FISCAL YEAR 2000-01 BUDGET FOR THE IMPLEMENTATION OF THE ACCESSORY RECOMMENDATIONS CREATED BY THE CITIZEN COMMIlTEE TO STUDY THE CITY'S TREE POLICY WHEREAS, on November 2,1999, the City Council created a Citizen Committee to study he City's Tree Policy to review, update and change, as appropriate; and WHEREAS, after careful consideration, the Citizen Committee submitted its final report md recommendations to the City Council; and WHEREAS, the Committee determined that a number of issues should be addressed by he City in order to create a comprehensive and functional tree policy for the entire City; and WHEREAS, these issues are called the Accessory Recommendatins List, which can be ound on page 18 of the Committee's Final Report; and WHEREAS, staff concurs with the Committee's recommendations that these issues will lelp create a comprehensive and functional tree policy for the entire City; and WHEREAS, the appropriation of funds from the Cis General Fund will enable the City to mplement the Accessory Recommendations List; and WHEREAS, there are sufficient funds from the Council's contingency account in the ieneral Fund to implement in the first year of the Accessory Recommendations List. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as >llows: 1. That the above recitations are true and correct. 2. That staff is directed to include $151,000 in the Fiscal Year 2000-01 budget for the nplementation of the Accessory Recommendations List from the Final Report of the Citizen :omittee to Study the City's Tree Policy 055 -. - 1 2 3 4 5 6 7 8 0 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 Ci Council of the City of Carlsbad held on the 13th day of -, 2000 by the following vote, to witt: AYES: Council Members Le Hall, Finnil NOES: None ABSENT: Council hber ATTEST: +hGmd L6RRAIW M. WOOD, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 - la 19 20 21 22 23 24 25 26 27 - OQ RESOLUTION NO. 2000-1 &4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AN APPEAL FEE TO DEFRAY THE CITY'S COSTS FOR PROCESSING APPEALS TO THE PARKS AND RECREATION COMMISSION WHEREAS, the City Council of the City of Carlsbad has the authority to establish fees for City services; and WHEREAS, the City Council finds that an appeal fee is necessary to defray the City's costs for processing appeals from decisions of the City Manager acting through the Public Works Director for planting and removal of street trees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an appeal fee for processing appeals to the Parks and Recreation Commission in the amount of one hundred twenty dollars ($120.00) is hereby adopted and shall be incorporated into the City's official fee schedule for general city services for the City of Carlsbad. The fee shall become effective on July 1,2000 and shall be reviewed on an annual basis. Only one fee per appellant regardless of the number of trees shall be collected. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 13th day of June ,2000 by the following vote, to wit: AYES: Council Members Lewis, Hall innila, and Nygaard. rcF NOES: None ABSENT: Council Me ABSENT: Council Me n r - June 7,2000 *- TO: THE HONORABLE CHAIRMAN & MEMBERS OF THE PARKS AND RECREATION COMMISSION FROM: Public Works Manager/General Services STREET TREE POLICY Last night, staff presented to the City Council its financial analysis and recommended implementation of the City's revised Street Tree Policy. The new policy was developed in collaboration between staff and the Citizens Street Tree Policy Committee. The issue that created the most discussion during last night's meeting was the formation of a Tree Commission that would serve as an advisory board to the City Council on all matters related to street trees. Council had three alternatives to create an advisory board to review street tree related issues. They were: 1. Create a permanent Tree Commission 2. Create a Tree Commission that sunset after three years. 3. Do not create a Tree Commission and continue using the Parks and Recreation Commission as the commission responsible for public trees. You may or may not have known, but Chapter 2.36 of the Carlsbad Municipal Code gives the Parks and Recreation Commission the authority to review and act on all street tree related issues. Last night, Council approved option number three - Do not create a Tree Commission and continue using the Parks and Recreation Commission as the commission responsible for public trees. In addition, Council approved the new street tree policy, as recommended by the Citizen Committee, with some minor adjustments. Attached is a copy of the new policy. In order to give this new policy some "teeth" for enforcement and procedures, staff amended the City's Tree Ordinance, Chapter 1 1.12. The City Attorney is currently making some minor revisions to the amended ordinance as approved last night by Council. The ordinance should be introduced to Council for a first reading on June 13* and approved during a second reading soon after. Staff will send you a copy of the ordinance as soon as the City Attorney is finished making the revisions. When the Tree Policy is implemented, we believe your workload and responsibility will moderately increase in resolving tree related issues. Therefore, before implementing this policy, staff would like to schedule private meetings with you to review and answer any questions you may have regarding the tree policy and ordinance, and to strategize how best to handle tree related issues (i.e. create a subcommittee as an appeal board?). .- 058 EXHIBIT 3 STREET TREE POLICY - Page 2 Staff will be contacting members individually in the future over the next month to schedule several meetings and to brief the Commission regarding these issues. In particular, how will these documents impact the commission over the next several years? If you have any questions regarding the policy andor the ordinance, please feel free to call me at 434-2862, or Scott Carroll, of my staff, at 434-2992. &&& OUG DU ANSON Enclosure C: Senior Management Analyst Beverly Management Analyst Carroll CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Streets Specific Subject: Street Trees Page 1 of 4 Policy No. 4 Date Issued June 6,2000 Effective Date June 6. 2000 Cancellation Date Supersedes No. 4 (Dated 1 1-02-99) ~~ Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads. Employee Bulletin Boards, Press, File BACKGROUND: The City Council determined that the Street Tree Policy needed to be updated to ensure the preservation; proper maintenance and continued enhancement of public trees. PURPOSE: Establishing a policy for the preservation, proper maintenance and continued enhancement of street trees in the City of Carlsbad. The following street tree policy shall be established: I. Tree Plantinq 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. II. Tree Removal A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for street widening, until viable alternatives to tree removal have been investigated. Alternatives to tree removal will be referred to the Public Works ManagedGeneral Services, or his/her designee, to allow for such alternatives to be considered prior to the removal of such a tree. 060 I Page 2 of 4 B. C. D. E. F. G. H. I. It shall be the intent of the City not to remove any tree solely for the cause of damage to hardscape or for the cause of routing underground or overhead utility lines. Trees causing damage to sidewalks, curbs, gutters or pavement shall be inspected by a City arborist. Alternatives to tree removal, if any, will be included in a written report by the City arborist. The written report will be submitted to the Public Works ManagedGeneral Services, or his/her designee. The Public Works ManagedGeneral Services will decide which alternative, if any, to implement. The City will not remove existing street trees on the basis of individual or group preference for a specific species of tree. 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. 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. The City will not remove any tree solely for the cause of view restoration. 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. 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. 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: 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 7. A description of the appeal process Commission J. The City will not use a clear-cut tree replacement strategy for the management of street trees. Where practicable, and when adequately planned, alternative tree sites will be planted a minimum of five years prior to the removal of a street tree for the purpose of reforestation. K. No Heritage Tree shall be removed except if it is determined by a City arborist that such a tree is creating a hazard, or by formal appeals process. [II. Tree Replacement A. It shall be the goal of the City to replace all removed street trees. The species and approximate date of the replanting shall be included on the notice of tree removal as specified in Section 11.1. B. It shall be the goal of the City to replace all removed street trees within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. C. Tree sites not meeting the minimum specifications for a valid tree site will not be planted. D. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the City, or the conditions existing at the valid site. No tree shall be planted into the public right-of-way that does not comply with the “Uniform Street Planting Map” approved by the City. E. Trees touching or nearly touching high-voltage utility lines shall be replaced with a recommended species. F. All tree replanting shall be with a minimum 15gallon container tree, except when a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. G. A person may request replacement of a street tree species specified by the “Unifom 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 ManagedGeneral Services. All trees removed for this reason must be replaced with a tree listed as an approved species by the City. ~ ~~~~ Page 4 of 4 ... . .. .. .. H. The City will allow short-term rotational plantings. I. The General Services Department of the Public Works (MSA) will review the approved species list annually and will add and delete tree species based on their adaptability to street tree sites in Carlsbad. W. 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 Public Works Department.