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HomeMy WebLinkAbout2002-01-28; Parks & Recreation Commission; 102-4; Appeal of Tree Removal Denial: 7247 Carpa CourtPARKS & RECREATlON"COMMlSSl0N -AGENDA BILL AB# 102-4 TITLE : 0 INFO ATG. DATE: 1-28-02 APPEAL OF TREE REMOVAL DENIAL AT 7247 CARPA COURT ACTION I STAFF: DUNCANSON/ RECOMMENDED ACTION : Based on current adopted policy staff advises the preservation of the street tree, a Kaffir Plum at 7247 Carpa Court. ITEM EXPLANATION : Mr. John Borg has requested the removal of an older Kaffir Plum, Harpehyllum Caffrum, located in the right of way at his residence. Staff has reviewed his request an is understanding of his concerns. This small Kaffir Plum will eventually cause uplifted sidewalks. The estimated service life of this tree is 30 to 40 years. It was originally planted by the La Costa Land Company in the early 70's. Kaffir Plum trees are not identified on the new street tree listing in the draft version of the Community Forest Master Plan. This tree could possibly be considered to meet 3 or 4 criteria established for consideration of removal (Policy 1I.G.). Mr. Borg has also agreed to replace the tree with another species (Palm). It appears as if all other Kaffir Plum street trees on this street have been previously removed. P- I'ISCAL IMPACT : There will be no fiscal impact if the tree is not removed. If the Commission were to approve the removal, the costs would be approximately 4 hours of staff time, (2 for removal and 2 for stump chipping) this includes travel time. EXHIBITS: I. Council Policy Statement, Street Trees 2. Pictures of tree in question. 3. Appeal to Parks and Recreation Commission c CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Streets Specific Subject: Street Trees Page 1 of 4 Policy No. I( 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. I Establishing a policy for the preservation, proper maintenance and continued enhancement of street trees in the City of Carlsbad. I The following street tree policy shall be established: I. Tree Planting 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. 6. 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 ManagerEeneral Services, or hidher designee, to allow for such alternatives to be considered prior to the removal of such a tree. Page 2 of 4 6. 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 ManagedGenerc Services, or hidher designee. The Public Works ManagedGeneral Services will decidc 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 normally remove the tree by making a formal appeal to the Parks and Recreation Commission. Such a request sha 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 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 stres 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. U. Tree Redacement 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, excepl 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 “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. - ” - 022 Page 4 of I H. The City will allow short-term rotational plantings. 1. 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. r. Ameals 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. - 4 e - -,, - . .4 7 City of Carlsbad December 3,2001 Mr. John Borg 7247 Carpa Court Carlsbad, CA 92009 Dear Mr. Borg: Please find enclosed the official appeal form for the tree removal at your residence. I apologize for the delay in getting this form out to you. If you have any questions please contact me at your convenience (760-434-2862). /c Sincerely, bah c: Sr. Management Analyst-Beverly Management Analyst-Carroll Public Works Supervisor - Trees and Medians-Bumell 405 Oak Avenue Carlsbad, CA 92008-3009 0 (760) 434-2980 0 FAX (760) 720-9562 @ . .? -. 1 In accordance.with the appeals procedure as authorized-by Title 11, Chapter'l.l.12 of the Carhbad Municipal Code, the undersigned hereby appeals from the decision of City staff rendered on $> LC/ 3 2001, which decision consisted of the following (i.e. set fo 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? (U ditional sheets as needed). /- Official Use Only DATE & TIME APPEAL RECEIVED: Calendared for: Original to City Clerk Copy to: Recreation Department General Services Department 93k'. Y/%? PHONE NO. /- 3- GJ DATE .1 . ___~ "__ - -