HomeMy WebLinkAbout2001-09-17; Parks & Recreation Commission; 901-4; Tree Removal AppealPARKS & RECREATION COMMISSION - AGENDA BILL
AB# 901 -4 TITLE : INFO
ACTION
MTG. DATE: 9-17-01 TREE REMOVAL APPEAL
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On August 3, 2001 I staff posted a tree removal notice on a tree located at the southwest corner
of Estrella De Mar near Alga (see map as Exhibit I). The reason for its removal is because the
tree is leaning out into the street and causes a potential safety hazard for trucks and passengers
traveling on this street. In fact, the City has received a claim whereas the claimant is seeking
restitution from the City to repair the damages caused by this tree when his U-Haul hit it. The
City’s Risk Manager is also recommending removal of.this tree. Attached, as Exhibit 2 is a copy
of the tree removal notice.
On September 6, 2001 I staff received an appeal not to remove said tree. The person is
appealing the removal because this tree provides shade and landscape enhancements to the
neighborhood. Attached, as Exhibit 3 is a copy of the appeal.
STAFF: Carroll I I I
RECOMMENDED ACTION :
That the Parks and Recreation Commission deny the appeal to remove the specified tree located
at the southwest corner of Estrella De Mar.
ITEM EXPLANATION :
In June 2000, the City adopted a new and comprehensive street tree policy that addresses tree
planting, removal, replacement, maintenance, as well as heritage trees and an appeal process.
In an effort to give the new policy some “teeth”, the City also adopted an amendment to Chapter
1 1.12 of the Carlsbad Municipal Code pertaining to trees and shrubs.
The new policy and ordinance sets guidelines for removing trees in the City of Carlsbad. Before
removing a tree, all viable alternatives must be investigated prior to removal. If there are no
alternatives available, the City must post a tree removal notice on the tree. The notice must also
be given to adjacent property owners located nearest the tree to be removed. Anyone who
disagrees with the City to remove a tree has thirty days from the date the notice was posted to
appeal the City’s decision. It is 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.
1. Map
2. Tree Removal Notice
3. Tree Removal Appeal
EXHIBIT 1
F
TREE REMOVAL NOTICE
Dear Resident:
This letter will notify you th e located at s L3 cob
be tagged for removal on . This sheet tree is scheduled for removal
on, or shortly after,
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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 City7s
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’s Parks and Recreation Co an appeal to
the City is thirty days from the date of this
Recreation Commission deny your
within ten (10) calendar days of the Commission’s decision.
If you want to appeal the City’s decision, contact the City’s Tree Maintenance Division at 434-
2824 to schedule an appeal. The fee is $125.00 per applicant per appeal. A copy of the City’s
Street Tree Policy is also available at your request.
Sincerely,
FRED BURNELL
Public Works Street Tree Supervisor
EXHIBIT 2
APPEAL TO PARKS & RECREATION COMMISSION
Subiect of Appeal: TREE REMOVAL/TREE PLANTING
In accordance with the appeals procedure as authorized by Title 1 1, Chapter 1 1.12 of the
Carlsbad Municipal Code, the undersigned hereby appeals from the decision of City staff
rendered on ,2000, which decision consisted of the following (i.e. set forth
factual situation and the grounds for submitting this appeal): BE SPECIFIC How did the
decision maker error? What about the decision is inconsistent with local laws, plans or policy?
(Use additional sheets as needed).
The undersigned discussed the decision being appealed with:
on
Official Use Only
DATE & TIME APPEAL RECEIVED:
Calendared for:
Original to City Clerk
Copy to: Recreation Department
General Services Department
Appellant:
NAME (please print)
ADDRESS 1
PHONE NO.
The appeal fee is $125.00 per appellant. This fee is reimbursed to appellant if the Parks & Recreation
Commission grants appeal. Please mail this form, along with fee, to the City Clerk's Office at 1200 Carlsbad
Village Drive, Carlsbad, California 92008-1989.
1 J EXHIBIT 3
To Doug Duncanson:
The City of Carlsbad
Aug. 22,2001
The removal of the large tree across from my house at 7008 Estrella De
Mar, seems to go against everything in your policy of preservation and
enhancement of street trees in the City of Carlsbad.
street, and during the 25 years I have lived here, never posed any type of safety
problem to the people of Carlsbad, The only incidents that have happened are
with high profile vehicles, usually rented, and not driven by professional
drivers when the top of the truck has hit part of the overhang of the tree,
Please note that the tree in front of this one has also been hit by the same type
of driver that infrequently turn onto Estrella De Mar, off Alga.
should look at alternative, such as trimming the tree back, which I will pay for,
even put a red reflective light where the tree sticks out. This tree has grown
consistently and poses no problem of safety that I can see, and its roots are
certainly causing no problems,
If necessary, I will involve my attorney for the preservation of this tree.
Please see the included photos taken of this tree. My house is directly across
the street, and is house most effected by this trees shade, landscape
enhancement, and exposure to the other houses located above this tree. I will
be available for what ever hearing is going to take place on this tree removal
matter. Thank you for your consideration in this matter.
This wonderful tree has provided shade and visual beauty to this older
7 In keeping with what the City of Carlsbad states in its tree street policy, we
There are only four houses affected by this tree on Estrella De Mar, and their
signatures and addresses are on the back of this letter, and no sidewalks are
involved or located on the street. r
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