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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 I - 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, I 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 I