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HomeMy WebLinkAbout2003-04-21; Parks & Recreation Commission; 403-3; Appeal to Remove TreesPARKS & RECREATION COMMISSION -AGENDA BILL AB# 403-3 0 INFO TITLE : MTG. DATE: 4-21-03 CITIZEN APPEAL TO REMOVE TREES ACTION STAFF: CARROLL RECOMMENDED ACTION : That the Parks and Recreation Commission direct staff to review the landscape plans from the appellant and if said plans are satisfactory to staff, grant the appellant’s appeal to remove the two trees at 4869 Sevilla Way ITEM EXPLANATION : In November 2002, staff received a letter from the appellant requesting the City remove two trees in front of their home at 4869 Sevilla Way. The appellant is requesting the trees be removed because they are remodeling their home, which includes new landscaping. The appellant also claimed that the trees are causing a mess on the sidewalk from berry droppings and the roots have interfered with their sewage system. In December 2002, staff inspected the trees in questioned. The trees observed are in stable and healthy condition, Staff did not observe any damages to the surrounding area and no problems related to the waterhewer system have been reported. Staff denied the appellant’s request to remove the two trees because it appeared from the appellant‘s letter that the main reasons for requesting the removals was due to the trees messiness and sewage interference. According to the City’s Street Tree Policy, staff cannot remove trees solely because of leaves and/or berry droppings and there was no evidence that the trees were causing sewage backups. In the appellant’s letter, it states that the City recently removed a tree across the street from 4869 Sevilla Way. In 2002, staff did remove a tree at 4866 Sevilla Way because the tree was causing damages to the sidewalk and to the homeowner’s driveway. In the past, staff has granted tree removals to homeowners when they are performing landscape improvements to their property. However, the homeowner must remove the tree at hidher own 3xpense and must follow the removal process by posting a 30-day removal notice on the tree(s). In addition, the homeowner is required to replace the tree with a different species and the sppropriate size that is approved by staff. All expenses to replace the tree are incurred by the homeowner. The appellant has stated in her March 10, 2003 appeal application (Exhibit 1) that she has a set Df landscaping plans for the proposed improvements to her property. Since the department does not want to discourage homeowners from making improvements to their property staff is recommending that the Commission direct staff to review the landscape plans from the appellant and if the plans are satisfactory to staff, grant the appellant‘s appeal to remove the two trees at her own expense. The appellant must also replace the tree by selecting a species listed on the City’s approved tree list. The tree replacement will be at the appellant’s own expense. Staff will coordinate the removal and planting process with the appellant. EXHIBITS: 1. Tree Removal Appeal rc- City of Carlsbad. March 25,2003 Mary Rombotis 4869 Sevilla Way Carlsbad, CA 92008 RE: Tree Removal Appeal Dear Mrs. Rombotis The City of Carlsbad has received your appeal to the Parks & Recrea\ion Commission to remove two trees in front of your home. This letter is to notify you that the Parks & Recreation I Commission will hear your appeal on Monday, April 21,2003. The meeting will occur in the City Council Chambers located at 1200 Carlsbad Village Drive. The meeting begins at 5:30 p.m. If the Commission denies your appeal, you may request a final appeal to the City Council within to contact me at 434-2992. - ten (10) calendar days of the Commission’s decision. If you have any questions, please feel free Sincerely, ’ SCOTT CARROLL Management Analyst C: Deputy Public Works Director, General Services Senior Management Analyst, Recreation Public Works Supervisor, Trees & Medians EXHIBIT 1 405 Oak Avenue - Carlsbad, CA 92008-3009 - (760) 434-2980 FAX (760) 720-9562 @ CARLSBAD CITY CLERKS OFFICE Date: 03/10/2003 To: Ken Price, Recreation Director, Julia Coleman, Deputy City Attorney, Doug Duncanson, Deputy Public Works Director, Keith Beverly, Senior Management Analyst, Scott Carroll, Management Analyst cc: Mary Rombotis, Appellant; and, Lorraine Wood, City Clerk From: Janice Breitenfeld, beputy City Clerk RE: Tree Removal Appeal Attached is the Appeal to The Parks and Recreation Commission received by the City Clerk's Office today. Also attached is a copy of voided Check No. 1729 in the amount of $125 and Check No. 1730 in the amount of $120.00 - Please note that the Appeal Form'states that the appeal fee is $125.00. However, Resolution No. 2000-184 states that the appeal fee is $120.00. Therefore, at the Clerk's suggestion, the applicant voided her check- of $125.00 and reissued a check in the amount of $120.00. The appellant requested that her appeal be placed on the March 17,2003 Parks and Recreation Commissiqn Agenda. Please amend. yourappeal form to reflect the fee of $120.00. If there are any questions, please feel free to contact Lorraine Wood, City Clerk, at 434-2808. Attachments a5 ‘C i APPEAL TO PARKS & RECREATION COMMISSION Subiect of Appeal: QREE REMOVqr TREE PLANTING (please circle one) 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 )a - /7-* ”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 ad&tional sheets as needed). ‘9PP, fl*L&%.t lefh2AL 3 7+0.3 rc Official Use Only DATE & TIME APPEAL RECEIVED: Calendared for: Original to City Clerk Copy to: Recreation Department General Services Department The undersigned discussed the decision being appealed with: - A ellant: f - The appeal fee is M.00 ;e;-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. $9 F-2 March 10,2003 city of Carkbad Parks & Recreation Commission 1200 Carlsbad Village Dr Carlsbad, Ca 92008 Attn. Commission: I am appealing the December 17,2002 decision made in response to my November 19, 2002 request to have the two street tries removed fiom 4869 Sea Way, Carlsbad, my residence. I am not stating that the decision was in error according to the current policy, however I would appreciate consideration of my request for the following reasons. placed trees according to city specifications on each lot. As of today, out of the 27 homes on our street, there are only 8 home that currently have city street trees. There is obviously a reason here. Over the past years, many trees have been removed by the homeowners simply because as the tree ages it is no longer desirable due to the extreme messiness ofthe nature of the tree.(Podacarpus sp. ?), that is not controllable. Some trees have been removed by the city for a variety of reasons, As a homeowner reading the policy, it is not conipletely clear to me that the policy has been always strictly adhered to, ie. in the modrecent tree removal by the city on our street. As a homeowner, I do not find this objectionable unless the letter of the law only applies to me. I would like to remove the two street trees and would be willing to pay the cost if the city is not. I have paid for landscaping plans that I will submit at the appeal hearing unless you review . my application ahead of time and need them early. Additionally, I will have a document signed by my neighbors stating they do not object to the removal of the trees, since they &el the new landscaping will be a neighborhood improvement. I am prepared to submit this at the appeal meeting also, unless it is required’ahead of time. Please ad+. I have been advised by Fred Bumell that my trees are not Heritage Trees. Therefore, this is not a concern. Basically, I am requesting permission to either remove the two city street trees or have them removed by the city although they have been observed by the city inspector to be in “stable and healthy condition.” I feel the landscaping plan I have will be an upgrade to not only to my home, but to the surrounding homes also therefore impacting the street or neighborhood. The sidewalk will no longer be littered’by hazardous, messy berries that drop constantly and cannot be controlled by daily sweeping and either annual or biannual trimming by the city. I do not “ comprehend the hard view taken m this type of neighborhood. The precedence has been set by both the home owners and the city to remove these trees. It is my understding that this tree species is no longer on the list that the city has developers plant in the city. I assume this is due to the diAsculty in managing the mature tree. Our home is approxhately 30 years old. When these homes were built, the developer 7 thoughthl consideration, Am*’ F Mary Rombot’ attachments November 19.2002 Ihug Ducanson 1700 Carlsbad Village Dr. Carlsbad, Ca 92008 My husband and I live at 4869 Sevilla Way, Carlsbad 92008. We are currently remodelhng our home md plan on new landscaping for our Bont, side and back yard: We would like to have the two city street trees removed. I need to know what the correct procedure is for removal of the trees. During the past few years, I have observed several city trees removed by the city crew. Ifnecessary I could provide the addresses, however you should have record of those removals. The most recent removal (2002) was directly across the meet fiom us with notification fiom the city stating the'tree Was to be removed and then replaced. The lenesasked, if we as homeowners objected to'rhe proposal as outlined. We did nor. The city did all the work. The tree has not been replaced. That is not objectionable to iis. In the past, I have requested the trees be trimmed ~ually due to the messiness of the berries that drop on ' we have had to call Roto Rooter out due to the tree roots that had interfered with our sewage system. We already removed our large personal tree, however those roors were very shallow and it was determined that that was not the tree causing the problem. If both trees are not approved to be removed, we would like one specific tree to be removed. - the sidewalk. 11 has been a safety hazard that had caused my moth& to slip and fall an the sidewalk Also I can be contacted at my home telephone number 729-6532. Although we are currently not residing at our home due to the construction, my husband is the general contractor and is often on sight. His cell number is 760-519-7775. We would like to stm ourbndscaping plans soon. Your consideration in working with us is greatly appreciated. . . Y Sincerely, . r- c RE: Tree Removal Dear Mrs. Rombotis: Thank you for notifying the City regarding the two trees in front of your home. According to YODF letter; you are requesting the City remove both trees because. the berry droppings cause a. mess to the surrounding area and the tree roots have interfered with your sewer system. In addition, you are currently in the process of, remodeling your .home, which includes new landscaping. Recently, the City inspected both trees and otserved them to be in stabk and healthy condition. the waterjsewer system have been reported. Based on these observations, the City is making the. determination that both trees do not meet the criteria for removal, as indicated in the City's revised tree policy, and should remain at their present .location. According to the tree policy, the City cannot remove a tree solely because it causes a mess to the surrounding area. - The inspector did not observe any damages to the surrounding area and no-prbble~~~s.related to. If you would like to discuss thk City's Street Tree Policy further, please contact Fred Burnell (434-2985) or Scott Carroll (424-2992) of my staff at your earliest convenience. A copy of the City's revised Tree Policy.is also available upon request. If, after.you discussed the City's findings with my staff and you still disagree with the decision not to remove this tree, you may request an appeal to the Parks and Recreation Commission. The fee to file an appeal is $120. . You will be reimbursed this amount if the Parks and .. Recreation Commission grants your appeal. The request an appeal application, please call 434- 228 5. Public W@ ManagydGeneral Services I rc I C: Public Works Supervisor - Street Trees & Medians 405 Oak Avenue Carlsbad, CA 92008-3009 (760) 434-2980 FAX (760) 720-9562 -