HomeMy WebLinkAbout2004-11-15; Parks & Recreation Commission; 1104-3; Appeal of Street Tree Removal DenialPARKS & RECREATION COMMISSION -AGENDA BILL 1
MTG. DATE: 11/15/04
STAFF: DUNCANSONI
LANCASTER
I 0 INFO TITLE: AB#l104-3 -
APPEAL OF THE STREET TREE REMOVAL
DENIAL AT 3520 AVONDALE CIRCLE
ACTION
RECOMMENDED ACTION:
That based on the Council adopted policy, the Parks and Recreation Commission uphold denial
of the street tree removal at 3520 Avondale Circle.
ITEM EXPLANATION:
In May 2001 , the appellant, Mr. Glenn Bernard, contacted the City’s Trees Division, requesting
inspection of the street tree, a Pyrus Kawakami or Evergreen Pear, in front of his residence at
3520 Avondale Circle. Staff subsequently inspected the site and determined that the subject tree
did not qualify for removal based on the City Council’s Policy Statement on street trees, dated
June 13, 2000. Each of the street trees on Avondale Circle was, however, scheduled for routine
maintenance pruning. Staff then advised Mr. Bernard of this finding and the pending action. It
was further indicated that tree ‘topping’ was not an accepted form of routine maintenance
pruning .
In June 2001, Mr. Bernard, sent a letter to City Council Member Nygaard requesting the removal
of all nine street trees from Avondale Circle, including the one from in front of his residence at
3520 Avondale Circle. The reasons provided for the requested removals were (a) spread of
infectious disease - ‘fire blight’, (b) damage from roots to infrastructure - sidewalks, streets, and
curbs, (c) precedence of palm tree plantings on Bedford Circle - one block to the east, and (d)
obstruction of ocean view - in ‘Ocean View Estates’ development.
In June 2001, Council Member Nygaard sent a response letter to Mr. Bernard confirming that a
certified arborist from the city had inspected the subject trees and found that neither the degree
of the ‘fire blight’ disease, nor the condition of the infrastructure, nor the obstruction of the ocean
view justified removal of the trees under the City’s Street Tree Policy and Ordinance. In addition,
she indicated that prior to adoption of the policy and ordinance, the City may have replaced trees
with a different species upon citizen’s requests (e.g., Bedford Circle), but per Section 1I.C. of the
policy provisions, “The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree.” A copy of those documents was provided along with a
description of the appeals process.
In July 2001, City staff performed maintenance pruning of all street trees along Avondale Circle.
In September 2001, Mr. Bernard sent a letter to the City Attorney’s Office requesting copies of
any public statements made by the City’s Parks staff regarding ‘fire blight‘ disease on Evergreen
Pear trees. In so doing, he questions the responsibility of the City and the prior owner of his
residence in not disclosing the fact that the street trees were infected with fire blight.
In November 2001 , City Attorney Ron Ball sent a response letter to Mr. Bernard advising that
there were no such statements available, as the City had “never provided written notice to any
residents where trees infected with fire blight exist.’ He also referenced Ms. Nygaard’s response
letter of June 2001 , and reiterated that the degree of fire blight, as determined by a certified
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arborist, did not warrant removal of the trees. He further re-directed Mr. Bernard to the City’s
Street Tree Policy and Ordinance for additional information regarding appealing the decision
made by staff to not remove the trees in question.
In January 2003, Mr. Bernard sent a letter to the City Manager‘s Office again requesting removal
of two of the Evergreen Pear street trees along Avondale Circle, one directly in front of his yard,
and one south of his driveway - technically in front of his neighbor‘s yard at 2510 Avondale
Circle. The reasons provided for the requested removals were predominantly the same as those
stated in his letter of June 2001, but now included references to yard drain lines that had been
broken by foots from the tree in front of 2510 Avondale Circle.
In January 2003, City Staff inspected the two denoted trees and determined that they were still
not candidates for removal, based on the Council adopted policy. Cracks within the sidewalk
were observed, but not considered of imminent hazard. Mr. Bernard’s mailbox was also
observed bolted to the street tree in front of Avondale Circle.
In February 2003, Deputy Public Works Director Doug Duncanson sent a response letter to Mr.
Bernard advising of the above inspection findings and affirming that these trees did not meet the
criteria for removal. He then informed Mr. Bernard that placing a mailbox on a City street tree
was prohibited and requested that the mailbox be removed from the tree immediately.
In June 2003, the sidewalk and yard drain in front of Mr. Bernard’s yard was removed and
replaced by the City’s Streets Division. During the course of that sidewalk work, the street tree
directly in front of Mr. Bernard’s yard was struck by a piece of heavy equipment and ultimately
removed.
In June 2003, Mr. Bernard sent a letter to the City Manager’s Office requesting the removal of
the remaining eight Evergreen Pear street trees along Avondale Circle and the planting of eight
palm trees in their place (e.g., Bedford Circle). This letter was also signed by several other
residents: two on Avondale Circle, six on Bedford Circle, and two on Janis Way.
In July 2003, Assistant City Manager Frank Mannen sent a response letter to Mr. Bernard and
the other residents who signed the letter indicating that City staff was re-inspecting the trees to
determine if any additional action needed to be taken.
In September 2003, Mr. Bernard sent two letters to Code Enforcement Officer Ed Davidson,
ultimately indicating that his mailbox would be removed from the street tree in front of 3510
Avondale Circle by September 30, 2003. In the process, however, he also made mention of
cracks within his driveway caused by the tree’s roots, and the City’s heavy equipment. He went
on to proclaim that the tree was in violation of the City’s (Landscape Manual) Streetscape
Program: Policies and Requirements, regarding the distance street trees are to be planted from
paving/sidewalks. Mr. Bernard was subsequently advised that this requirement did not apply to
this trees as the Landscape Manual was adopted and place in effect in 1990; the subject tree
were planted in the early 1970s.
In February 2004, Mr. Bernard sent a letter to the City Manager’s Office claiming $5,000 in
damages to the hardscape in front of his residence as a result of roots from the street trees. He
states that there are numerous cracks in both his driveway and the adjacent sidewalk, and at
least one hazardous condition in each. He also reiterates that the City has chosen to violate its
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own Landscape Manual by planting trees within five feet of paving/sidewalk.
In June 2004, Mr. Bernard sent a letter to the Carlsbad Tree Appropriateness Committee
requesting removal of ten Evergreen Pear street trees - 8 on Avondale Circle and 2 on Bedford
Circle. He also reiterates that the trees are planted in prohibition of the City’s Landscape Manual
in that they are located within five feet of paving. He continues by again referencing the
replacement of Evergreen Pear trees with Palm trees on Bedford Circle, which took place prior to
the adoption of the Street Tree Policy and Ordinance.
In October 2004, Mr. Bernard filed a formal appeal of City Staffs decision not to remove the
street tree in front of 3510 Avondale Circle. The hearing date was scheduled for November 15,
2004, before the City of Carlsbad Parks and Recreation Commission.
In November 2004, Deputy Public Works Director Doug Duncanson sent a letter to Mr. Bernard
informing him of the date, time, and location of the appeal hearing.
EXHIBITS:
1. Letter from Glenn Bernard to Julie Nygaard, Elected Council Member, dated June 4,2001
2. Letter from Council Member Nygaard to Glenn Bernard, dated June 22,2001
3. Letter from Glenn Bernard to City Attorney Ron Ball, dated September 27, 2001
1. Letter from City Attorney Ron Ball to Glenn Bernard, dated November 19,2001
5. Letter from Glenn Bernard to The City Manager, dated January 20,2003 5. City Street Tree Insp. Report by Public Works Supervisor Burnell, dated January 28, 2003
7. Letter from Deputy P.W. Dir. Doug Duncanson to Glenn Bernard, dated February 5, 2003
3. Letter from Glenn Bernard, et.al, to the City Manager Ray Pachett, dated June 30, 2003
3. Letter from Assistant City Manager Frank Mannen to Glenn Bernard, dated July 11, 2003
IO. Letter from Glenn Bernard to Code Enforce. Officer Ed Davidson, dated September 1 I, 2003
11. Letter from Glenn Bernard to Code Enforce. Officer Ed Davidson, dated September 20, 2003
12. Letter from Gienn Bernard to The Office of the City Manager, dated February 17, 2004
13. Letter from Glenn Bernard to Carlsbad ‘s Tree Review Committee, dated June 9, 2004
14. Street Tree Removal Appeal submittal from Glenn Bernard, dated October 20, 2004
15. Letter from Deputy P.W. Dir. Doug Duncanson to Glenn Bernard, dated November 8,2004
16. City of Carlsbad Trees Section Work History for Avondale Circle, dated March 31, 2004
17. Aerial map of Avondale Circle, dated August, 2001
18. Photograph of Evergreen Pear Street Tree at 3510 Avondale Circle, dated November 1 , 2004
19. City of Carlsbad Council Policy Statement on Street Trees
20. City of Carlsbad Ordinance No. NS-545, Relating to Trees and Shrubs
t
To Julie Nygaard
Elected Council Member, City of Carlsbad
From Glenn R Bemard
3520 Avondale Circle Carlsabad 92008
"
Dear Ms. Nygaard,
HeIloAgah You might recall that a couple of months I was
June 4,2001
house-hunting mCarlsbad
when I decided to stroll into City Hall in order to find one of "he Five to compliment for the
decision to prosecute the people who destroyed the City's trees. You might also be glad to
know that I passed on ow mutual concerns about Dml Issa's roll in the Ckddc-Esconclido
rail line to my school-teacher-wife, who then posted a mmo io the teacher's lounge about it.
Some teachers had their entire ch write him a letter about the project's importance.
Now, some new business. Subject: 'please tbat approved/completed project here"
(another way of wording the subject is to please grant the ''quai protection rights" afli;orded m
under the 14th consitutiOnal amendment) ...deals with -...one final compliment .(as a prelude
to what's coming)...those trees on charlten Circle...the City's chain saws were just inches away
fbm the tree tnmks, apparently, when The Five decided to honor the requests of residtllf5. ..and the trees were spared... very nk, indeed! (asrmming I've got the hts right)
This request deals with the City's-&e trees on my street (8 homes including mine). ISA-
Certified Wrist David Brown was on my property about tendays ago when he noticedthatall
nine ofthe City's sidewalk trees are inkted with 'Yire blight." He stated that the disease is easy
to spread hm tree-to-tree whenever chainsaws move fiom tree-to-tree witbout being stmxikd
m be- each tree. Mr. Brown Eves m Eminitas, and has no reason or motive to tell fibs about
anythingmcarlsbad.
Also, anybody can easily notice that the mots from the diseased trees come to the
and, thmfbre, can cause problelms to sid- streets, and curbs. treesexiston
the street to our immediate east, and on the street to our immediate west. Pahntrees. Eight of
the eIeven trees on Bedford are palm trees. Several homes on ad near the 35OO-block of Donna
have palm trees. This request is, obviously for palm trees. Please note the signiricant relationship
that exists between Bec&rd ad Avondale, m that all 18 of the homes are part of a 23-home
cornmuuity known as "Ocean View Estates" (buih m the early 70's). The city-approved tree
swap which occurred on Bedford should also be accomplished on Avondale (aU nine trees).
I should atso let you bow tBab I did place a phone call to the proper city de- in
'ECiintwO
order to discuss the situation descrii above. Within a week, a polite employee was on our
ways: (1) "you'll have to contact my bss about the tree exchange, even ifthe precedent has been
established just one block over"; (2) "we don't topout trees."
street Iooking at the nine trees; his name is Mike Bliss. His position can be
Needless to say, a person who buys a home in: a place called "Ocean View Estates" is
interested in an ocean view. We're not like those people near the park who got chain saws and
. 2-pageletter EXHlBlT 4 i
#
I To Julie Nygaard
Elected Council Member, City of Carhbad m
From Glenn R Bernatd
3520 Awndale Circle Carisabad 92008
June 4,2001
insisted on ”no trees whatmever.” Please note that my instrumen t at this time is the printed word.
Reasonable people communicate with each other about problems. It is inconceivable that the city
will neither swap nor top. We wilI leave on June 15 for a 45-day Vacation to Britain. We hope
that we will read a nice letter upon ourreturn indicating that the inexpensive tree exchange ism
progress It doesn’t make sense to merely remove the tops of diseased trees. However, ifthe
City‘s response is to neither swap nor topy we will have to pursue the very expensive project of
adding a second storyjust to see overthe diseased trees. We will expect the City to pay at least
75% of the cost.
I suspect that situations like this somefimesoccur becauseamischief-mahg bureawratis
bothered that W&e cannot afford to purchase the ocean-view homes over which he has cantroI
for the 5 minutes that the -papers are sittingonhis/herdesk.
Finally,I amsomewhat bewilderedat them that there has bemwidespteadresident
removal of City-required trees fhm the hnt yards of cheshirc Avenue homes, Simsbmy Ct.
homes, and fiom the nearby streets which adjoin and abut those two streets. I am even more
bewildered that the City has done nothing about it, espcdly sirace the City requires the
for.” It has taken me longer to write this letter than it has taken a Simsbury resident to mve a
hnt-yard tree.
developers to print CW’s which “require all bndscape elements to be mainhki 8pdcBTcxl
In closing, although I do think I have a pretty good sense of humor, I seziously mean it
when1 claimthat the requestscontained within this letter have their basis in the 14thameadment.
Let’s just keep it simple by doing fbr ‘B’ what you did for ‘A’
2-pge letter
June 22,2001
Mr. Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Dear Mr. Bernard:
Thank you for your letter dated June 4,2001, regarding the Evergreen Pear Trees on your street.
As you know, the City of Carlsbad has taken an active role to preserve and enhance trees in the
public right-of-way. This position was a direct result of the recommendations by the Citizen
Committee to Study the City’s Tree Policy.
The Committee, which was created by the City Council, was responsible for reviewing a 30
year-old street tree policy. The Committee worked diligently for two months, often meeting
twice a week, to recommend revisions to the City’s street tree policy. The end result was a
comprehensive policy that describes guidelines to plant, remove, replace, maintain and preserve
City trees. In addition, to give the policy some “teeth” for enforcement and procedures, the City
Council adopted a revised Street Tree Ordinance to reflect the changes in the policy. Enclosed
for your review is a copy of the City’s Street Tree Policy and Ordinance.
In regards to the nine Evergreen Pear Trees on your street being infected with “fire-blight”, a
City certified arborist inspected these trees and found the infestation to be not bad enough to
warrant removal of the trees. As you may or may not know, “fire-blight” is a virus that does not
kill trees and it is easily manageable by cutting out the disease. In addition, the City’s arborist
saw no visible damage to infrastructure caused by the roots of these trees.
Before Council adopted the policy and ordinance, the City may have replaced trees with a
different species upon citizens request, but as you can see in Section H.C. of the policy (page 2)’
it states: .I
“The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree. ”
In addition, I empathize with your concerns for an Ocean view. When you live in paradise it
seems only natural to have an ocean view. However, Section I1.F of the street tree policy (page
2) states, “The City will not remove any tree solely for the cause of view restoration.” In
addition, Section 11.12.080.D of the Carlsbad Municipal Code states, “No person shall willfilly
injure, disfigure, or intentionally destroy by any means any tree, shrub, or plant growing in the
any street, sidewalk, median or other public right of way of the ciry. ” While the city will not
remove or top off these trees, we will schedule them for pruning.
EXHISIT 2
Mr. Glenn Bernard
June 22,2001
Page 2
In your letter a reference was made on tree removals in the Cheshire Avenue and Simsbury Court
area. In this development area, the trees were planted on private property and are not part of the
City’s tree inventory. The trees are the responsibility of the homeowner or the homeowners’
association. While the City discourages the removal of private property trees, if a homeowner
wants to remove a tree on private property, it’s his or her prerogative.
In conclusion, if you disagree with the City’s decision not to remove the Evergreen Pear Trees
on your street, you can request a formal appeal to the Parks and Recreation Commission to
remove these trees. The fee to request an appeal is $120 and you will be reimbursed this cost if
the Parks and Recreation Commission grants your appeal. If you want to further discuss the
City’s decision or you want to request an appeal form, please contact Doug Duncanson, the
City’s Public Works Manager, at 434-2862.
Sincerely,
JULIE NYGAARD
City Council Member
C: City Council
City Manager
Public Works Director
Public Works ManagedGeneral Services
11- 8-06; 3:40PM; ;7604348367 tL 2/ 2
To City Attorney Ronald Ball
City of Carlsbad, Ca 92008
From Gleno R. Bernard
3520 Axrondale Circle- .
Carlsbad, Ca. 92008 (760) 720-3937
Sept 27.2001
Subj: Suggestion for the City to show unrestrained respect (vice no respect) for the State Law
Dealing with Mandatory Disclosures €or Future/Potentid Home Buyers
Dear Mister Ball, La. spite of the Iaw mentioned above, “your honor, just 3 days aRer we moved, in, we
discovered ....” are words which still are fiequently echoed all across America (Calif
included).. .to mediators, arbitrators, and to judges. Money normally resolves the issue.
As you might already how, the words in quotes above apply here. Sterns fiom a
comment made to me by a certifiad arborist who did some work for me in my backyard 3-days
after escrow closed. “Pleased to meet you; did you know that all of the trees on your street are
infected with fie blight?” (no; I didn’t know).
I bad no idea ifonybody else in the city knew of the fire blight, so I informed the council
via a letter to Council Maher Nygaarcl The response which I got back was stding. Although
I merely suggested swmuhe, the diseased trees for palm trees which are located all around this
street, Nygaard’s letter revealed that the Council, City Employees, and maay residents have long
been aware of Carlsbad’s duty little secret (reminds me of '“Tie Stepford Wives”).
Now that I’m in on the secret and an honest pason, I know that if I now decide to sell
this bouse, I will tell potential buyers in writing that “all of the City’s trees on this street have fire
blight, City Hall knows -it, & City Hall won’t dowjtbg-abouti~ fkthermore, &hey won’t
let you do anything about it either.” Of course, I m wondering why nobody disclosed this
situation to me. So I must ask you if the city has ever issued a written public statement about the
diseased trees? If so, you are requested to mail me copies of all such statements, being sure to
fully identi6 the publication. If not, has the city ever provided written notice to the exact
addresses where fie-blighted trees are located? I suspect that “my seller” will clah that she had
no idea that your nine trees on this street are diseased; you might have documents that can prove
orherwise, If so, then I will have to refract the phrase “Carlsbad‘s dirty little secret.”
Another adverse consequence for me is the time spent writing these letters. Alw, within a
fm days, I will take-the beAo visit tb-Comty Tax Assess~r’s-affice-in-ord6t to have .the-
assessed value reduced by 590,000 ($10,000 per tree).
Are you aware that there is a Carlsbad street wherein the citizens Sumptiody removed
diseased trees and immediately planted palm trees? This was done at a frantic pace so as to avoid
detection from the Gestapo. I wish that I lived’on a street with neighbors such as these.
Nevertheless, if we had local government that was honest and caring, good people would not
have to resort to dandestine tree swapping.
Uliimatcly, you’re a lawyer and I’m writing about a law which the City appears to
flagmntly disregarding. I believe that you. have tbe ability to conxime management to change some policies so that City Hall will be honest, caring, and law-abiding. This situation is both
inexcusable and sbessfizI. Please respond soon io writing.
EXHIBJT 3
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
DAMIEN B. BROWER
DEPUTY CITY ATTORNEY
GINDIE K. McMAHON
DEPUTY CITY AlTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891
FAX: (760) 434-8367
November 19,2001
RANDEEHARUB
ARDIS SEIOEL
SECRETARY TO CITY ATTORNEY
LEGAL SECRETARWPAWEW
Glenn R. Bernard
3520 Avondale Circle
Carisbad, CA 92008
Dear Mr. Bernard :
I am in receipt of your letter of September 27,2001 regarding your request for public
statements made by the City about fire-blight disease on trees at Avondale Circle.
There are no such statements and, to my knowledge, the City has never provided
written notice to any residents where trees infected with fire-blight exist. Doug
Duncanson, of our Public Works Department, has informed me that while fire-blight is a
problem with certain species of trees, it is not, in most cases, fatal and it has been
successfully controlled on the trees in your neighborhood by pruning any diseased
branches as required. Mr. Duncancon has offered to prune any diseased portions of
City trees on your street which are brought to his attention by you or other residents.
My research of this matter discloses that you were previously advised by Council
Member Nygaard that the evergreen pear trees on your street being infected with fire-
blight were inspected by a certified aborist and found rlot to be so infected as to warrant
their removal. Moreover, Ms. Nygaard quoted from and provided you with a copy of the
Council adopted policy and ordinance regarding removal and replacement of trees.
Those documents set forth the procedure for appealing any decision of a City official
pertaining to trees to the Park and Recreation Commission and ultimately to the City
Council. I suggest that you follow such a procedure if you are still dissatisfied with the
determination of Mr. Duncanson.
Finally, I believe the state law dealing with mandatory disclosure for future/potential
homebuyers you referenced is applicable to sellers of property informing buyers; not the
City. I trust you will follow the procedure previously provided to you for resolution of
denials concerning tree removal.
Thank you for your patience in awaiting my response while I looked into the matter.
VM truly yours,
.RONALD R. BALL
City Attorney
rmh
c: Council Member Nygaard
City Manager
Public Works Manager General Services
From Glenn Bentard
3520 Avondale Circle
Cadshad, CaliE 92008 pbne 720-3937
Request for more of a god tfting (actually, 2 good things)
Thing Ow.. . the “roundabout” near Isgoland. Sevd hundred it&rsectiors in this city, yet we c8n brag abut only one of them. There ought to bc at least a huridred of them. Gridlock is had enough without city hall mahg pple come to a complete stop just
because a sign is there. Remove the signs, remove the 4-my stops, and mplace them with roundabouts.
Thbg Two ...the wortrfufb qhnmed parkway tree in kmt of 3215 Donna Drive. An omiental pear tree, PK- with thr: disease known as ‘Tie blight” If your CKWS can make one such tree look great, they can make thean ail look great, to iqolude the nine
scraggly trees on my stre&.
Sut actually, eemapS only 7 of these trees need all of that ttttati~, as I am
request- UlRt the two omammtal pear trees which flank both sides af my driveway be
removed. In the case of both troes, the roots have caused some significant problems.
The ”mailbox trd is located dmmt of two drainage lines which empty
water from Bedford Circle homes 011 to Avondale. The two lines arc broken where visible, and probably broken where visible. The curb which should support them is also broken. Also, there are cracks in the lower portion of my driveway which lead away from that tree. Tbc cracks in my ”Upper” driveway are porrsibly not caused by the City’s
tne. The “staiwase tree” has ~m~lied tbe sidewalk and also lifted up one edge of the sidswalk so ttiai, instead of b&g flat, the adewalk tilts downward toward my prqnxty.
If the front edge of my property conskited of gmq the exccss .water mi@ not be D problem. linforlunately, the froat edge of my projmy in this location consists of a low rew‘ning wall, which must remain strong in order to support the slope (md home at the cup of the slopc). 1 am in the prows of spending money in or& to hmw the wall water-
sealed, and then rc-6nisb.I (step one was to py b haw it sandblasted). Nmrortheleas. this major expense will be worthless if City sidewalks continue to slant rain-water b the bottom-frotit edge of the wall. Walls fBil when their foundations turn into PI. The
sccitario described above has cmated 3 tripphg hazards on the city side- in fimt of
my house.
Since I think it’s remnrtble tu rnnintaiii a policy of “one hnt-side tree per houses” I would be pleased if you would first remow the two &ees which flank the two sides of my drivewy, and tbm to replace either one or both of than with trees which do
not possess destructive roo1 systems; 8 of the I1 city trees on Bedford C:irCle ax non- harmful palm trees. Can we. plase jist copy what you’ve hue 011 Bedford Circle?
EXHISIT 5
.
I
January 28,2003
REQUESTED TREE REMOVALS
3520 AVONDALE CIRCLE PYRUS kawakamii
Trees in question are located in front of 3510 and 3520 Avondale Circle. Trees are
approximately 20 feet in height with a DBH of 6 to 9 inches. Minor sidewalk crack
visible, but no raised concrete. No other signs of damage to hardscape.
Resident at 3520 has bolted his mailbox to the tree in front of 3510. Tree at 3520 appears
to have been topped by resident.
Recommendation:
informed to remove mailbox from tree immediately. Send copy of City Ordinance.
Trees are not to be removed. Resident at 3520 Avondale should be
t
February 5,2003
Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
RE: TreeRemoval
Dear Mr. Bernard.
Thank you for notifying the City regarding the two ornamental pear trees located adjacent to
your property. According to your letter, you are requesting the City to remove these trees
because they are damaging the sidewalk and have caused a trip hazard to the public.
Recently, the City inspected these trees and observed them to be approximately 20 feet’in height,
healthy and in stable condition. The inspector did observe minor cracks to the sidewalk but there
were no evidence that the trees have caused the sidewalk to rise and create a trip hazard. No
other signs of damages to the hardscape were observed. Based on these observations, the City is
making the determination that these t&es do not meet the criteria for removal, as indicated in the
City’s revised tree policy, and should remain at their present location.
Please be advised that it is prohibited to place a mailbox on a City tree. In fact., Carlsbad
Municipal Codes 11.12.080(E)(2) states:
“No person shall place building material, equipment or other substances likely to cause
injury to a tree near any tree, shrub or plant growing in any street, sidewalk, median or other
public right of way of the city, which might cause injury to the tree. ”
Staff has concerns that the mailbox will injure andor cause this City tree to decease. Please
remove the mailbox immediately. If you would like to discuss the City’s Street Tree Policy
and/or the Tree Ordinance further, please contact Fred Burnell (434-2985) or Scott Cad1 (434-
2992) of my staff at your earliest convenience. A copy of the City’s revised Tree Policy and
ordinance is also available upon request.
MUG D&ANSON
Deputy Public Works Director / General Services
C: Public Works Supervisor - Street Trees & Medians
U(H18tT 7
405 Oak Avenue Carlsbad, CA 92008-3009 - (760) 434-2980 FAX (760) 720-9562 @
kw “
T~ me City MaWF for the City of Carlsbad (Mr Patchett) , 30 June2003
From Residents of Oceanview Estates .
Subject: Bad community appearance because of the City’s Curbside Trees
Dear Sir,
Our community has a set of CC&Rs, which, like all other CC&R’s, are designed to keep our
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a goad looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, mdor monthly fees. This is why this letter is
signed by a “happenstance” collection of residents who just happened to be at home at the time this letter
Wtyped)
We claim that your trees here fall into 3 groups: unusually wonderful, adequate,and unusually bad.
The wonderful trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
ornamental pear trees on Avondale, along with 3 more on Bedford. The adequate trees are “all others.”
Thus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedford.
“Our” ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a disease known as “fire blight.” They also have a powerful, surface-seeking root system that has caused the city to spend lots of money in repairs of sidewalks, curbs, gutters and madways (unsightly patches in the
road are obvious). A well-fhndoning HOA would not tolerate this scenario.
Our request is for the city to complete the replacement process which was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
EXHI8fT 8
Tune 2003
-,. From Residents of Oceanview Estates
Subject: Bad community appearance because of the City’s Curbside Trees
Dear Sir, Ow community has a set of CC&R’s, which, like all other CaRs, are designed to keep OUT
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, andor monthly fees. This is why this letter is signed by a “happenstance” collection of residents who just happened to be at‘ home at the time this letter
was typed)
We claim that your trees here fall into 3 groups: unusually wondd, adequate,and unusually bad. The wonderful trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
Ornamental pear trees on Avondale, along with 3 more on Bedford. The adequate trees are “all others.”
Thus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedford.
‘’Our” ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a disease known as “fire blight.” They also have a powerfid, surfaceseeking root system that has caused the
city to spend lots of money in repairs of sidewalks, curbs, gutters and roadways (unsightly patches in the
road are obvious). A well-functioning HOA would not tolerate this scenario.
Our request is for the city to complete the replacement process which was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
July 11,2003
Residents of Oceanview Estates
Re: CURBSIDE TREES
Dear Resident,
Your letter of June 30, 2003 to City Manager Ray Patchett was referred to me for
response. City staff has been working with Mr. Glen Barnard, 3520 Avondale Circle
regarding trees in front of his house and in the neighborhood generally.
City Park Maintenance is reinspecting street trees in your neighborhood to determine
what steps, if any, need to be taken to care for the trees. This inspection work is
currently underway.
If you would like hrther information, please feel free to call the City’s Park
Maintenance Division at 434-2824.
Thank you for your letter.
Sincerely,
FmKMANNEN
Assistant City Manager
cc: City Manager
Doug Duncanson
Fred Bumell
Cindee Hollingsworth
EXHlSJT 9
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 (760) 434-2821 - FAX (760) 720-9461
From Glenn R. Bernard 10 Sept 2003
Dear Mr. Davidson,
Regretfully, the only thing that
you’ve written which is accurate is that you and I had a discussion at this property.
Everything else is inaccurate.
Thank you for your letter of September 4&.
The inaccuracies are so profound, that I herein require a response date to your
letter of September 30 vice September 14, the 14’ being the arbitrary deadline you
proposed. The city shall do nothing rash (again) until after reviewing the next letter I
send to you, which you will have on or before 30 September.
Please review part 2 of this document below.
NOTICE OF CODE VIOLATIONS
As to the City’s “Streetscape Program: Policies and Requirements” (Section N.D)
There is now a city-owned tree with a destructive and unruly root system located (above
ground) just 48 inches away from my driveway. Underground, the roots are probably
touching/pressing against my driveway. There are lots of cosmetic cracks in my
dnveway, probably caused by 2 things: (1) the trees roots, and (2) the city’s heavy
equipment which has been on my driveway a few times thru the years to replace the tree-
damaged sidewalks. This situation is a violation of Section D.3-1.2-3 (b) which states
that “street trees must be a minimum of 5’ from paving.” (trunk just 28” fiom sidewalk)
The above-ground tree trunk is only 33” from a sewer line, although the roots probably
are pressing against same. Your manual states the minimum distance is 7 ft (D.3-1.2-3c)
Although “D.3-1.2-4” states that “trees planted within 5 ft of public sidewalks shall be
installed with root baniers,” there are no root barriers.
There are 4 asphalt patches on Avondale all caused by the roots from the city’s bad
choice for trees; and there’s no end in sight, lest the city remove/replace these ornamental
pear trees. Thus, every idea, word, and phrase within “D. 1-3” is being ignoredhiolated
by the City.
Mr. Davidson, here’s hoping that you can investigate this claim without fear of reprisal
by your bosses. Got a tape measure?
All the BwZp/
EXHCBJT 10
To Ed Davidson, Code Enforcement Oficer
City of Carlsbad ru *OSept ECEIVED
-- a” SEP 2 2 k From Glenn Bernard
3520 Avondale Circle Carlsbad, Ca. 92008 __
AS to my promise of a letter prior to 30 Sept (and your new letter of 16 SepteGbWJ CLERK’S QFF~cE CITY OF CARLSBAD
A. The Best Solution Possible: would occur without fines, attorneys, and court
appearances. The City is upset because a mailbox is attached to a diseased city tree via 4
screws. I’m upset because, according to the City’s own landscape manual, the tree isn’t
supposed to be there to start with. Both parties should each contribute some labor and
some equipment so as to transform the tree into nothing more than a mailbox standard
Can easily be done with one horizontal cut about 4 inches above the mailbox. No anger.
No animosity. No niare-dixdage to,rhy djriveway. You’ve got til 30 September.
B. If the City disagrees with the answer suggested above and can do nothing more than
levy fines (college degrees required for that?!), then I will vield to the bullv and remove
the mailbox on 30 September. Please review the letter written by USPS Letter Carrier
Rick Asker. As a neutral witness, he is therein telling you that my mailbox used to be on
the other side of my driveway, and that whatever displaced 30 feet of sidewalk probably
also displaced my mailbox post. (what’s the big deal about catching something that’s
falling and temporarily storing same in a safe, useful place?)
C. For the last time, let me say that I have always looked forward to removing the
mailbox from the tree, an act which will occur within minutes following the City’s return
to my property of a new standard that the mailbox could be attached to.
D. Section A of your reference (CMC 1 1.12.080) mentions ‘‘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.” It seems to me that these words and
phrases provide anybody with the opportunjty/license to eliminate city trees which are
planted and maintained in direct violation of ‘Yhese regulations and standards.” (provided
that the end result is ‘code compliant’). Furthermore, I claim that those 4 mailbox screws
do not cause “injury, disfigurement, or destruction” of that tree.
E. The lower portion of this page applies. Sincerely,
FINAL, NOTICE CODE
As of 20 September, the City’s diseased tree is still just a few inches from things that
were not intended to be injured, disfigured, or destroyed by a tree’s root systems. The
violations were specifically addressed in my correspondence of 10 September 2003.
p- / 4 z- EXHIBIT 11
Correction Required: Remove the tree from the area as soon as possible, or agree to
any option presented in part one of this 2-part letter.. In either case, make your decision
prior to Sept 30,2003.
Since my previous Notice did not obtain compliance with city code, I must inform the
City, via your ofice, that further noncompliance in this matter will result in the
submission of a financial claim against the city; using the language and concepts that
you freely and routinely throw around, you should interpret the financial claim as a
schedule of fines, which is exactly what the City has in mind for me. The fine shall be
assessed at $268 per day, which is the average dollar amount of the assessment schedule
which the City has in store for me (except that The City will succeed into bullying me
into removing the mailbox on or before 30 September). The fines shall commence on
October 1,2003.
Full compliance is anticipated in this matter. Please call me at 720-3937 if you (or any
city staff) wish to discuss this matter. Thank you in advance for your cooperation.
spf/4,Zoa3
Statement of USPS Letter Carrier for 3520 Avondale Circle
I have been the primary letter carrier to the above address for several years.
The USPS is aware that the mailbox to the above address is fastened to a
tree, a situation which has USPS approval; We have been providing service
to this location for several months, and deem same as an established mailbox
location.
The “3520 Mailbox” was located on the other side of the driveway for
several years, and was attached to a normal stand that was buried in the dirt.
About 3 years ago, the mailbox box stand was at the original location,
whereupon it began to rise out of the ground.. . slow but steady. I noticed
that the public sidewalk also began to rise out of the ground at the same
time. Perhaps the cause, in both cases, was the city tree which was only
about 3 feet fiom the mailbox and also 3 feet fiom the sidewalk.
By November 2002, the mailbox stand was very loose and wobbly. The
mailbox had a pronounced forward lean, making it a bit of a challenge to
close the flap before the mail could spill out. This was when the owner
elected to re-locate the mailbox to the tree, which has been easier for us to
service than the original location. f
To The Office of the City Manager 2- 17-2004
City of Carlsbad
From Glenn Bernard
3520 Avondale Circle
Carlsbad, ca. 92008
Phone 720-3937 CITY CLERICS OFFICE
Financial Claim Against the City of Carlsad; $5,000; for the DestructiodDamage to all
Hardscape in front of my house; entirely caused by roots from City-owned Trees
When the 23 homes of this community (Oceanview Estates) were built, there was a 5 foot
span of dirt from the curb to the sidewalk. Some people refer to the span as the city right
of way.
Eventually, every homeowner filled in the dirt expanse with either hardscape, grass,
shrubbery, ground cover, or a combination thereof.
For reasons which appear to be “negatively inspired,” City oficials eventually chose to
violate the City’s Landscape Manual by planting ornamental pear trees in the middle of
the 5-foot expanse. The City Landscape Manual clearly states that trees are not to be
planted within 5 feet of pavement. Thus, in this situation, the city trees are within 3 feet
of the street, and the gutter, and the curb, and the sidewalk.
Ornamental pear trees grow tall, so the City refuses to utilize its tree trimming equipment
and personnel on this street. (so as to maintain the obstructed views).
Ornamental pear trees also have a strong, surface-seeking root system that routinely
damage the hardscape up to fifty feet.away from the center of the tree.
The City chose to plant two such trees on each side of my driveway. They have both caused a lot of damage, to include trip-and-fall hazards (at least one in my driveway as of
this writing). During 2003, City Crews replaced 30-feet of upraised sidewalk in fiont of
my house. Although the men did good work, they couldn’t get the job done without
damage to the brickwork (and tree) that abutted the sidewalk So, all of my brickwork
was hauled out 7 months ago, and the area is still just dirt (sometimes mud.. . with rain).
As one traverses my driveway and/or sidewalk, at least one tripand-fall hazard is
encountered along with lots of cracks in the hardscape, to include the street, gutter,
sidewalk, curb, and driveway. The city is indifferent to the cosmetic cracks on private
property, even though it is obvious that the cracks are caused by the roots from the city
trees. The city is obviously convinced that if the City makes an effort to eliminate trip-
and-fall hazards, the citizens will be willing to overlook damage which is “less serious.”
Not me. This claim only address the damaged or eliminated hardscape in front of my
house. Hijacked ocean views and my injuries from October’s fall will be addressed later.
u &S-W zG0Scr:b~tta via e-&\ -w
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To Carlsbad’s Tree Appropriateness Review Committee
c/o Carlsbad Parks & Recreation Department
From Glenn Bernard
3520 Avondale Circle
Carlsbad,Ca 92008
Request to remove 10 problematic city-planted “Street Trees” on private &@!& LERK’S OFFICE
/
b3 )-r-- CITY OF CARLSBAD
Start with a few facts: there are more than 10 such trees (evergreen pear), but the other
varieties of trees don’t cause the problems referred to in the expert’s enclosed review.
I have 8 trees of my own choosing on my property, which appears to be a fairly common
count in this community of 23 homes (“Oceanview Estates”). The city landscape manual
states that “no street trees are to be planted with 5 feet of paving,” nor ‘within 7 feet of a
sewer line.” In spite of these prohibitions, city personnel planted 20 evergreen pear trees
in the 54 median between the road and the sidewalk on Avondale and Bedford; 10 of
those trees remain today, normally in “needs trimming” condition.
What happened to the other 10 trees? A couple of years after planting, residents began
tripping due to cracked sidewalks and driveways; also, they were driving vehicles into tree branches which extended into the roadway. Bedford residents conducted the
“Bedford Tree Party,’’ wherein they themselves cut down 9 of the city-planted 1 1 bees,
and then hurriedly replaced same with trees of their own choosing.
The tenth tree to come down occurred by accident during 2003 when city workers we~c replacing 30 feet of “lifted” sidewalk in fcont of my house. In addition to the sidewalk,
there were 3 other “fatalities” fiom those roots and/or their repair (1) my mailbox, (2) all
of my brickwork within the 5-ft median, and (3) the tree itself (bumped over by the
tractor).
Most of us have different values than the people on Charlene Circle (where there is no
sidewalk). On Charlene, they want the city to spend a lot of time, effort, and money to
repair the hardscape and keep the trees in place. Here, as you can see fiom the enclosed
paperwork with all those signatures, we just want the problem trees gone just to get peace of mind (and no more physical accidents; I know of 4 accidents in the 37 months I’ve
been here).
One of the problem trees is just 40 inches fiom my driveway, which is badly cracked (see
enclosure). It is planted virtually on top of an important drain line which should be afforded the same respect as a sewer line.
Given the existence of the city ordinances cited above, it is believed that this request
should be easy to approve. (hint-how much debate occurs in your car when the traffic signal turns red?)
EXHjBIT 13
- ~ ~ 2956 Roosevett Street, Suite 5 Carlsbad. CA 92008 CA State License 649114
Phone: (760) 434-1915
Fax: (760) 434-4018 Cell: (619) 571-2004
Date: May 14,2004
To Carlsbad’s City Manager and to Glenn Bernard
Damage to Driveways, Roadways, Curbs, and Sidewalks in
Oceanview Estates.
I make a living assessing damages to “rock-hard” surfaces,.such as
the surfaces mentioned above; plus walls, buildings,staircases etc. I
consult with owners of commercial properties and residential
properties. I frequently spend a lot of time outside of southern
California in these endeavors. I am a Carlsbad resident.
The normal cause of 99% of the problems I see is either
carelessness or negligence. Examples include a bad mix of cement,
and/or an inability to anticipate where run-off water will go. Tree
roots are another frequent cause of problems, as roots can routinely
overpoweddestroy cement structures, gas lines, sewer lines, drain
lines etc.
About I8 months ago, I gave advice to Glenn Bernard about the
cement staircase at his home on Avondale Circle. While there, I
noticed several cement problems spread all across the fiont of
Glenn’s property. It was readily apparent that the problems were
caused by roots fiom the two trees which flanked his driveway at
that time (today, only one of those trees remain.. ..still causing
damage).
I observed cracks in the street, gutter, curb, and driveway; not only
in fiont of Glenn’s house, but also at several other locations, from
one end of the street to the other. Most cracks were cosmetic, yet
-
www.resurfacingspecialists.com
2956 Roosevelt Street, Suite 5 Carlsbad, CA 92008 CA State License 649114
~ --
too many presented trip hazards. It is easy to notice that several
repairs have been made through the years on Avondale Circle.
It is obvious that Glenn’s lower driveway has been eroding and
crumbling due to water and roots getting underneath the driveway.
The City’s tree is too dose to the driveway. Also, it seems as
though the person who planted the tree did not notice that a very
important drain line was already in the ground in that same spot.
This drain line has been ruined by the roots of the City’s tree,
which caused a lot of run-off water to be diverted to the area under
Glenn’s driveway (instead of flowing into the street as intended). I
note that there is now a new drain line, but it is easy to predict that,
since the tree is still there, the new line will probably be ruined in
’ thefbture.
Although I verbally made all of these comments to Glenn 18
months ago, the problematic tree is still there, just 40 inches fiom
Glenn’s driveway. Considering that the City’s Landscape Manual
prohibits street trees fiom being planted within 5 feet of paving,
nor within 7 feet of a sewer line, this entire problematic scenario
should not exist, as these 2 prohibitions are both reasonable and
necessary. Glenn merely wants to maintain a normal driveway that
is safe for pedestrians to cross. Reasonable people normally are
quick to cooperate in safety improvement projects such as what
Glenn is trying to accomplish.
In Oceanview Estates, the excessively cracked surfaces are within
a few feet of at least one of the City’s evergreen pear trees. The
other kinds of trees which are in Oceanview Estates are not
causing these problems.
There are bad cracks in Glenn’s driveway, some of which are up-
slope fiom the sidewalk; and some are down-slope fiom the
sidewalk.
www.resur€acingspeciaIists.com
-m
2956 Roosevett Street, Suite 5 Qrlsbad, GI 92008 CA State hnse 649114 __~ ~ ~
The City’s sidewalk bisects Glenn’s driveway. We believe that all
of the driveway’s cracks on both sides of the sidewalk are.caused
by the many years wherein Glenn’s driveway was “sandwiched’
between 2 trees that were too close to the driveway.
Our Company cannot begin the repair of Glenn’s driveway until
the one remaining tree is removed.
Sincerely,
Y Bill Kelly
CEO Resurfacing pecialists
www.resurfacingspecialists.com
To The City MaMger for the City of Carlsbad (Mr. Patchett) 30 hnc2003
From Residents of Oceonview Estates
Subject: Bad community app#uaace because of the City's Curbside Tnct
Dcsr sir, Our community has a & of CC&R's, which, like dl other CWs, are designed b keep our
community looking good With the exception of tbc City's trees on Jhs Way, Avondale Circle, and Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don't have By-Laws, 6 Board of Directors, andlor monthly fees. This is why this letter iS
signed by a "happenstance" collectioo of residents who just happened to be at borne at the time this lettor
-typed)
We claim that your trew he fall into 3 groups: unumtly wonderful, adequate,and unusually bad, The wonderful trta consist of the 8 palm tras located on Bedford. The bad trees consist of tho 9
ornamental pcar trees on Avondde, along with 3 more on Bedford. The adequate trees arc "all others." Thus, our community looks a community that has a board of directors (which we don't), and that they J1 tivsonBcdfbrd
"Our omamcntal pcar tncs presmt a scraggly, negld rad abandoned appm unlike the
neat and trim appearance which an ke SOM in the 3200 block of Donna Drive. These trees also have a
disease known as "fire blight." Taey also have a powaful, surface-seeking root system tbat has tauid tbe
city to spend lot3 of money in repairs of sidewalks, curbs, gutta md roadways (unsightly patches in the
road are obvious). A well-finctioning HOA would not tolerate this scan*iio.
3 years ago when 8 ornamental pear trees were replaced by 8 pdm trees. Our request is for the city to complete the replacement process which WBS begun on Bedford about
r
..-.
.I
. D
To The City Manager for the City of Carlsbad (Mr. Patched)
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City's Curbside Trees
30 June2003
Dear sir, Our community has a set of CC&R's, which, Like all other CC&R's, are designed to keep our community looking good. With the exception of the City's trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don't have By-Laws, a Board of Directors, andlor manthly fees. This is why this letter is
signed by a "happenstance" collection of residents who just happened to be at home at the time this letter
was typed)
.We claim that your trees here fall into 3 groups: unusually wonderful, adequate,& unusually bad.
The wonderful trees consist of the 8 palm trees located on Bedford. The bad trces consist of the 9
ornamental pear trees on Avondale, along with 3 more on Badford. The adequate trees ue "all others." Thus, our community looks a community that has a board of directors (which we don't), and that they all live on Bedlbrd.
"OUS ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the neat and trim appurrance which can be seen io the 3200 block of Donna Drive. These trees also have a disease known as "fire blight." They also have a powerful, surtace-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, arbs, gunen and roadways (unsightly patches in the road are obvious). A well-functioning HOA would not tolerate this scemio.
Our request is for the city to complete the replacement process which was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
I
. .. .
To Ray Patchett
Carlsbad's City Manager . .
* 10-10-2003
From Mr. 6 ME. Warker
3525 Avondale Grde
Carlsbad, Ca. 92008
Dear Mr. Patchett,
there are eight of them.
\
1 \
We are writing to you about the problematic trees located on this street: currently
We are aware that during June, some of our neighbors sent you a letter which
contained a request for these trees to be replaced by the same city palm trees located on
Bedford Circle, the next street up. The only reason we didn't sign the letter, which we
agree with, is because we were out of town when signatures were collected.
Since then, the neighborhood has learned of the city code which states that trees
are not to be located 'within 5 feet of pavement." We think that the city should honor its
own regulation. We think that if the city wishes to sidestep this very logical standard, you
should seek permission from each and every resident in order to do so.
A couple of months ago, we lost the use of our driveway for 4 days so that your
employees could replacement a badly cracked section of our driveway that contained a
tripping hazard. There are additional sections of our driveway which are dose to your tree
and are also cracked. Will the city repface these sections as well?
pear trees. Although one tree has been trimmed more than the other, they both need a lot
more trimming in order to obtain a barely adequate look Three good looking trees can be
seen on Donna Drive across from 3552 Donna; probably privately owned.
We spend time and money maintaining the area where the city has 2 ornamental
Our preference is for tfx @to do all of the physical worR necessary to meet city
code requirements. After all, you own a boom and employ a boom operator; none of us do.
If the city won't operate in compliance with city code, apparently the citizens have the right
to do so.
. 10-20-04; 2 27PM; ; 7604348367 It 1/ 11
'0
FAX TRANSMlrrAL
DATE: October 20, 2004 Number of Pages Being Transmitted
TIME SENT: ~:oOpw I (Including Cover Sheet): 5
TO: Fred Burnell
Mike Peterson
Ed Davidson
FROM: Susanne Parsons
DEPT.: CITY ATTORNEY
COMPANY: Code PHONE: (760) 434-2891
PHONE #: FAX: (760) 434-8367
FAX #: (650) 589-5062
Attached please find an appeal to the Park and Recreation Committee regarding the trees in
front of Mr. Bernard's Home. Please process it accordingly.
-Susanne
UNLESS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMITTAL, THE INFORMATION
CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED
FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNiCATlON IN ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE AT OUR EXPENSE. THANK YOU.
1200 Carlsbad Village Drive Q Carlsbad, California 92008 *:* (760) 434-2891
EXHIBIT 14
10-20-04 ; 2 : 27PM;
I
;7604348367 It 3/ 11
Suhiect of Appeal: TREE REMOVALKREE PLANTING
In accordance with the appeals procedure as authorized by Title 1 1, Chapter 1 1.12 of the
Carlsbad Munici
rendered on ,20& 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).
Code, the undersigned hereby appeals from the decision of City staff
sf-
!/--a,. SCC mZ\/ covcf- ktfCY & (O/ZO(LOdf
oc lEd03~~CS 7g +Le cpvw /&f-
The undersigned discussed the decision being appealed with:
on
Official Use Only
DATE & TIME APPEAL RECEIVED:
10- so - e* > \f.w3 Q.
Rtkcc:wA ettk b-wa c0-3 cw4-p*ur$5 Lr3.$w
,
Calendared for:
Original to City Clerk
Copy to: Recreation Department
d
General Services Department
Appellant L&
I
&b-* 3C*fiA.d
NAME (please print)
760 72Q 3737
PHONE NO.
The appeal fee is $120.00 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 OBce at 1200 Carlsbad
Village Drive, Carlsbad, California 92008-1989.
70-20-04; 2:27PM; ;7604348367 # 4/ 11
City of Carlsbad
From Glenn Bernard
3520 Avondale Circle
CIN CLERK’S OFFICE
Carlsbad, CA. 92008 (760) 720-3937
Hello, Thanks, and Congratulations to whomever you are. This is my 2d letter to you,
the 1” was written during June; subsequently diverted to Fred Bunnell, from whom I
received a response during August. Neglected to include the $120 contact fee, so it gave
Bunnel another chance to send me an insulting letter, in lieu of anybody else just asking
for the check. The fee has been paid, but still nobody will identify you folks by name to
me. I suspect that this letter will never see the light of day, because City Bosses don’t
want you to know what has been going on in this neighborhood.
Another group of people worthy of respect are those who took part in the Beford
Tree Party (BTP) during the 1990’s. (I’m not included). There will always be extreme
problems whenever trees are planted within 2 feet of roadway, sidewalks, and/or
driveways. However, evergreen pear trees not only have long branches, but also
destructive root systems. The city planted 1 I of these trees on Bedford, and 9 more on
Avondale prior to the 1990’s. The BTP folks decided to correct the problem without
involving City Hall. Pooling their resources, they surveyed the neighborhood to see who
would be willing to participate in the BTP. Most agreed, so they chopped down 8 of the
problem trees, and then immediately replaced same with 8 trees of their own choosipg.
Possibly they were not aware of 2 key city ordinances: (1) “street trees are not to be
planted within 5 feet of paving,”, and (2) “when the trees are eventually removed from
unreasonable locations, they are not to be replaced.”
Nevertheless, the Rebels are better off than I am, in that I have scars on my legs,
cracks in my driveway, dirt where there used to be brick, and a cracked windshield on my
pickup truck (my second damaged windshield). I live on the most patched-up street in
the City, and of this writing, there are at least 3 sections of lifted sidewalk marked for
replacement. The noise, sweat, and dust aren’t worth it. During 2003, I submitted letters
and petitions &om more than half of the community asking for the trees to be trimmed
according to industry standards or be removed. No meaningful response, but maybe it’s
your job to evaluate this nightmare. Other people trip-and-fall; other motorists also
encounter the tree branches. Of particular concern is the welfare of my bIind neighbor,
Fred Chambers, who walks the sidewalks with a guide-cane.
It should be stressed that even when the city’s sidewalk contains no hazards unto
itself, the sidewalk must also be flush with every drivewav that the sidewalk crosses,
Also, the evergreen pear trees have a disease known as firsblight, achowleged in a 2001
letter by council member Nygaard. Within the same letter, Nygaard wrote that the City
will never top those trees, prompting visitors to compare this neighborhood with Marge
Simpson’s hairstyle. When I showed the Nygaard Ietter to the County Tax Assessor, my
property’s valuation was decreased by $25,000
Again, thanks for being there.. .but please, come here.
to-20-04; 2:27PM; ; 7604348367 P 51 It
__ .....
;7604340367 # 71 13 ,0-20-04; 2z27ph.l;
ie 1.
2956 Roostvelt Street, Suite 5 Carlsbad, CA 92008 CA State License 649114
Phone: (760) 434-1915
Fax: (760) 434-4018
CAI: (619) 571-2004
Date: May 14,2004
To Carlsbad’s City Manager and to Glenn Bernard
Damage to Driveways, Roadways, Curbs, and Sidewalks in
Oceanview Estates.
I make a living assessing damages to “rock-hard” surfaces, .such as
the surfaces mentioned above; plus walls, buildings,staircases etc. I
consult with owners of commercial properties and residential
properties. I frequently spend a lot of time outside of southern
California in these endeavors. I am a Carlsbad resident.
The normal cause of 99% of the problems I see is either
carelessness or negligence. Examples include a bad mix of cement,
and/or an inability to anticipate where run-off water will go. Tree
roots are another frequent cause of problems, as roots can routinely
overpower/destroy cement structures, gas lines, sewer lines, drain
lines etc.
About 18 months ago, I gave advice to Glenn Bernard about the
cement staircase at his home on Avondale Circle. While there, I
noticed several cement problems spread all across the fiont of
Glenn’s property. It was readily apparent that the problems were
caused by roots from the two trees which flanked his driveway at
that time (today, only one of those trees remain.. ..still causing
damage).
I observed cracks in the street, gutter, curb, and driveway; not only
in front of Glenn’s house, but also at several other locations, from
one end of the street to the other. Most cracks were cosmetic, yet
www.resurfacingspecialists.com
i 0-20-04 ; 2 : 27PM; ;7604340367 tL e/ 11
*5U!!lM’ &kddy ia i
2956 Roosevelt Street, Suite 5 Carlsbad, CA 92008 CA State License 649114
too many presented trip hazards. It is easy to notice that several
repairs have been made through the years on Avondale Circle.
It is obvious that Glenn’s lower driveway has been eroding and
crumbling due to water and roots getting underneath the driveway.
The City’s tree is too close to the driveway. Also, it seems as
though the person who planted the tree did not notice that a very
important drain line was already in the ground in that same spot.
This drain line has been ruined by the roots of the City’s tree,
which caused a lot of run-off water to be diverted to the area under
Glenn’s driveway (instead of flowing into the street as intended). I
note that there is now a new drain line, but it is easy to predict that,
since the tree is still there, the new line will probably be ruined in
the fbture.
Although I verbally made all of these comments to Glenn 18
months ago, the problematic tree is still there, just 40 inches fiom
Glenn’s driveway. Considering that the City’s Landscape Manual
prohibits street trees from being planted within 5 feet of paving,
nor within 7 feet of a sewer line, this entire problematic scenario
should not exist, as these 2 prohibitions are both reasonable and
necessary. Glenn merely wants to maintain a normal driveway that
is safe for pedestrians to cross. Reasonable people normally are
quick to cooperate in safety improvement projects such as what
Glenn is trying to accomplish.
In Oceanview Estates, the excessively cracked surfaces are within
a few feet of at least one of the City’s evergreen pear trees. The
other kinds of trees which are in Oceanview Estates are not
causing these problems.
There are bad cracks in Glenn’s driveway, some of which are up-
slope from the sidewalk; and some are down-slope from the
sidewalk.
~ www.resur€acingspecialists.com
10-20-04; 2:27PM; ; 7604340367 * s/ 11
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2956 RoMevelt Street, Sulte 5 Carlsbad, C4 92008 C4 State License 649114
The City’s sidewalk bisects Glenn’s driveway. We believe that all
of the driveway’s cracks on both sides of the sidewalk are caused
by the many years wherein Glenn’s driveway was “sandwiched’
between 2 trees that were-too close to the driveway.
Our Company cannot begin the repair of Glenn’s driveway until
the one remaining tree is removed.
Sincerely,
Bill Kelly
CEO
10-20-04; Z:27PM;
;7604348367 # ?Of 11
. To Suzanne Parsons, Deputy City Attorney
City of Carlsbad
From Bill Doggctt, Arbonst Ridgewood Tree Care
1 O/ 1 0/2004
Dear Ms. Pamns,
During May, I was on Avondale Circle and noticed a profound need for trimming due to both appeamnce and safety. It was obvious then that at least one branch had
fallen due to contact with some type of vehicle. I could also detect where some prior
branches were removed just for the safety of pedestrians and motorists, It all made
sense and WBS very predictable. Your city has planted too many trees in awkward
places, and your work crews are not able to service the trees in a timely manner.
During my May insptCtion, it never occwed to me that kny of the trimming that 1
saw had caused financial damage to any tree.
I have returned to Avondale today wherein I notice that all eight of the trees wen
At least for a while, recently trimmed by workers with ?he proper equipment.
pedestrians and motorists appear to be safe.
But, the job is still not done.
Within urban settings, there are industrv stmdar& applicable to the maintenance
of most trees. I have enclosed a couple of photographs which reveal how evergreen pear
trees should look. Thy have got to be topped in order not to look odd. It appears that the Avondale trees have never been topped, which always results in odd appearances.
Given that the evergreen pear trees on Avondale have fire blight and look odd,
their mimibutions to the appearance and financial worth of the neighborhood are entirely negative. Because of their root pattern at the dice, Avondale Citcle is the most
patched-up street that I have evaluated, to include sidewalks, driveways, roadways, curbs,
and gutters.
During May, I wrote that I could make the Avondale trets look good at a cost of
$200 each With a tittle less work needed rmw than before, I can now bring all of the
evergreen pear trees to standard at a cost of $185 each. Jt is tmubling that the City
planted these hazards on the private property of the citizens. Hopefully, this practice has ended, as J wouldn’t want “mandatory hazard acceptance” to occur where I live.
Finally, with regard to the safety trimming which I observed during May (only a
few saw cuts): those safety cuts were good sturts as to what should have become a
professional job done according to industry standards. No fiaancial loss whatsoever.
;7604348367 # 11/. 11
- City
November 8,2004
Mr. Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
TREE REMOVAL APPEAL
Dear Mr. Bernard:
The City of Carlsbad has received your appeal of staffs decision not to remove a street tree adjacent to your residence at 3520 Avondale Circle. This letter is to notify you that
the Parks & Recreation Commission will hear your appeal on Monday, November 15,
2004. The meeting will be held in the City Council Chambers located at 1200 Carlsbad
Village Drive and will begin at 530 p.m.
If the Commission denies your appeal, you my request a final appeal to the City Council within ten (10) calendar days of the Commission’s decision. If you have any questions, please feel free to contact me at 434-2862.
Sincerely,
DOUG~JNCANSON Deputy Public Works Director, General Services
C: Kyle Lancaster, Parks Superintendent
Fred Burnell, Public Works Supervisor, Trees and Medians Keith Beverly, Senior Management Analyst, Recreation
EXHIBIT 15
405 Oak Avenue - Carlsbad, CA 92008-3009 (760) 434-2980 FAX (760) 720-9562 @
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EXHIBIT 17
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Policy No. 4
Date Issued June 13.2000
Effective Date June 13,2000
Cancellation Date 1 Supersedes No. 4 (Dated
I 1 1-02-991
~~
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Seneral Subject: Streets
Specific Subject: Street Trees
Page 1 of 4
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 (3
street trees in the City of Carlsbad.
POLICY
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.
11. 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 ManagerlGeneral
Services, or hidher designee, to allow for such alternatives to be considered prior to the
removal of such a tree.
EXHIBJT 19
6.
C.
D.
E.
F.
G.
H.
1.
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.
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 priorty rating depending on the following
factors:
1. Service Life
2.
3. Damage to hardscape
4.
Damage to utilities and/or sewer lines
Conformity of the existing tree to recommended species list
The highe'st 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.
2.
3.
4.
5.
6.
7.
The location of the tree
The reason for the tree’s removal
The date of the scheduled removal
The species of tree to be planted
The size of the tree to be replanted
The date by which an appeal must be made to the Parks and Recreation
Commission
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.
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.
0. 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. At1 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 Planfing 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 ManagerlGeneral 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.
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 the
City Council.
4. 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.
6. 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; andlor
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 (IO) 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. ..
Ith
;afety, and general welfare to all of Carfsbad citizens and that the preservation and prope
naintenance of trees is a matter of citywide concern; and
WHEREAS, the City Council further recognizes that trees and shrubs improve the
bnvironment and provide great aesthetic benefits by moderating the climate; releasing
Ixygen; acting as filters against airborne pollutants; providing noise abatement; privaq
weening; erosion control and harboring wildlife in an urban setting; and
WHEREAS, the City Council has the authority to determine all aspects of the
reservation and proper maintenance of public trees and shrubs; and
WHEREAS, the City Council finds and determines that it is necessary to enac
3gulations prohibiting unnecessary damage to, removal of, or destruction of public tree!
nd shrubs.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
IIlowS:
SECTION 1. That existing Title 11, Chapter 11.12 of the Carlsbad Municipal Code
repealed.
SECTION 2. That Title 11, Chapter 11.12 of the Carlsbad Municipal Code is added
3 read as follows:
"ChaDter 11.12
TREES AND SHRUBS
Sections:
11 J2.010 Purpose and intent
1 1.12.020 Definitions
11 .f2.030 Jurisdiction of public works department
WfWT 3s
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ORDINANCE NO. NS-545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING TITLE 11 , 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 he
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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 puw
the air, to provide shade and wind protection, and to preserve 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
properly and to cultivate a flourishing urban forest.
n
1 1 .I 2.040
I1 A2.050
11.12.060
11.12.070
11.12.080
11.12.090
1 1.1 2.1 00
11 -12.1 10
11.12.120
1 1.12.130
1 1.1 2.140
11.12.150
11.12.160
1 1.1 2.020 Definitions.
'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:
1. "Certified Arborist" means an arborist certified by the International
Society of Arboriculture.
2. "Community Forest Management Plan" means a document that
contains goats and policies that will guide the city in its actions and decisions affecting
trees within the city limits. "Hazardous Tree* means any tree or tree condition which represents
a danger to persons, property or other healthy trees. "Heritage Tree" means any tree existing within the city limits which
has been so designated by resolution by the city council. Heritage trees shalt be trees
Nith notable historic interest or trees of an unusual species or size.
"Maintain" or "maintenance" means the entire care of trees including
around preparation, fertilizing, mulching, trimming and watering.
'Plant" means an herb that lacks a permanent woody stem.
'Shrub" means a low woody plant having several stems and a trunk
ess than three inches in diameter at a height less than four and half feet above the
3 ro u nd .
A.
3.
4.
5.
6.
7.
A
Master tree list
Street tree planting and maintenance procedures
Approval prior to planting
Street tree maintenance
Protection of trees
Tree removal
Tree replacement
Overhanging trees
Uniform street planting map Community forest management plan
Heritage trees
Appeals
Violation
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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 include any tree planted by or required to be planted by the city which will
attain the stated size and maturity.
"Tree Service Life" means the number of years that the tree provides
be most benefits with the least amount of costs.
"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
Orty feet (40') between trees for a large tree site, thirty feet (30') for a medium tree site
md twenty feet (20') for a small tree site. All tree sites beneath a high voltage electrical
ine shall be considered a small tree site. Tree sites shall be planted with a large, medium
)r small tree listed and approved by the city.
9.
IO.
I 1.12.030 Jurisdiction of Public works department.
The city manager, acting through the public works director or hisher
lesignee, shall exercise jurisdiction and control over the planting, maintenance, removal
ind replacement of trees, shrubs or plants in all streets, sidewalks, medians or other
lublic rights of way of the city, and shall have such power, authority, jurisdiction and
uties as are prescribed in this chapter.
A.
1.12.040 Master tree list. The city manager, acting through the public works director or hidher esignee, shall develop and maintain a master tree list, which shall be adopted by
?solution of the city council and shall be on file in the office of the city clerk. These ocuments shall specify the species of trees suitable and desirable for planting in certain
reas in order to establish a wide ranging urban forest.
I. 12.050 Street tree Dlantina and maintenance Drocedures.
The city manager, acting through the public works director or hidher
esignee, shall develop and implement policies and standards for street tree planting nd maintenance and will incorporate these policies and standards into the city's
~mmunity forest management plan, which shall be adopted by resolution of the city
iuncil.
A.
A.
11.12.060 Aoproval mior to Dlanting.
No tree, shrub or plant shall be planted in any street, sidewalk, median or
other public right of way of the city until the city manager, acting through the public works
director or hidher designee, first approves the kind and variety, designates the location
therefor and grants the permit for planting.
A.
11.12.070 Street tree maintenance.
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, including 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.
A.
11 .I 2.080 Protection of trees. No person shall remove, trim, prune or cut any street tree, shrub or plant
?ow or hereafter growing in any street, sidewalk, median or other public right of way of
A.
*' II -.
i
2
h
the city, untess 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. No person shall remove, injure or misuse any guard or device placed to
protect any tree, shmb or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city. 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 right of way of the city. No person shall willfully injure, disfigure or intentionally destroy by any
means any tree, shrub or plant growing in anystreet, sidewalk, median or other public
right of way of the city.
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,
median or other public right of way of the city, to shut off air, light or water from the roots, except under written authority from the city manager, acting through the public works
director or hidher designee.
2. Place building material, equipment or other substances likely to
B.
C.
D.
E. No person shall:
1.
L4
cause injury to a tree near any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city, which might cause injury to the tree.
Post any sign on any tree that is not scheduled for removal as
described in section 1 1 .I 2.090 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
or other public right of way of the city. No person shall interfere, or cause any other person to interfere, with
employees of the city, or contractors employed by the city, who are engaged in planting,
maintaining, treating, removing or replacing any street tree, shrub or plant or removing or
replacing any material which is likely to cause injury to the tree, shrub or plant.
No person shall plant any street tree, shrub or plant except according to
policies, regulations and specifications established pursuant to this chapter or any
currently applicable ordinances or code sections.
3.
F.
G.
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1 1.12.090 Permits reauired for tree removal.
Policy. The city values trees as an important part of the environment and
shall strive to preserve them whenever possible and feasible. When reviewing requests
for a street tree removal permit, the city shall discourage removing desirable trees, and
shall consider approving removal of desirable trees only as a last resort alternative for
the applicant. Except as otherwise provided in this chapter, Pernoving any street tree in the city shall require a permit issued by the city manager,
acting through the public works director or his/her designee
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 hisher designee.
2. The city arborist may authorize a tree's removal after finding either of
he following circumstances:
A.
B. Permits for Removal.
C. Review of the application to remove a tree shall proceed as follows:
1.
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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. If the city arborist does not find either of the above circumstances for
removing a tree, a priority 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 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.
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 councit to
review the matter for final action.
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.
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:
3.
4.
D.
E. Notification of Tree Removal.
1.
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
g. A description of the appeal process. 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: When the city manager, acting through the public works
director or hisher designee determines that a tree's condition threatens public health,
safety or welfare;
When local, state or federal authorities have declared a state
of emergency and a tree's condition threatens public health, safety or welfare.
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.
Recreation Cornmission.
2.
a.
b.
F.
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1 1.12.100 Tree replacement.
It shall be the go I 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. 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
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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 11.12.120 of this chapter.
Trees that are touching or nearly touching high-voltage utility lines shall be
replaced with a recommended species. 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. 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 manaoer, acting through the public works director or hisher designee. All trees removed for this reason must be replaced with a tree listed as an approved species
by the city.
1 1.12.1 10 Overhanaina trees.
C.
D.
E.
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
cause 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 there 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 his/her 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
city.
1 1.1 2.120 Uniform street planting map.
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.
A.
1 1.12.130 Communitv forest management olan.
Upon the recommendation of the Parks and Recreation Commission, the
sity council shall adopt a community forest management plan that provides direction to
jevelop goals and policies that will guide the city to manage tree-related issues in a
xoactive manner. The plan will address trees on public property and will discuss
Aanting, removal, replacement, maintenance and the preservation of trees growing on
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-. h
any public property or in any street, sidewalk, median or other public right of way of the
city.
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 hisher
designee, shall have copies of this plan made and the same shall be kept on file in the
ofice of the city clerk and may be obtained by the public.
11.12.140 Heritaae trees. The c.Ry 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
B.
A.
1 1.12.150 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 aborisfs recommendation for the removal of any non-
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
for the cause of routing underground or overhead utilities.
If the Parks and Recreation Commission denies an applicant’s appeal, the
applicant may request a final appeal to the city council within ten (IO) calendar days of
the commission’s decision. Fees for an appeal shall be determined by resolution of the city council.
Appeals will be made by submitting a tree appeal form available from the
Commission within thirty (30) calendar days of the posting of a city tree for:
planting at a specific location; andlor
hazardous street tree. B.
Commission for:
and/or
C.
D.
E.
sfice of the public works department.
1 1.12. ’I 60 Violation.
Any violation of this chapter is a misdemeanor subject to the provisions of
3hapter 1 , Section 1.08.01 0 of this code.
In addition to any criminal penalty, the city may, pursuant to Government
:ode section 36901, impose a civil penalty for any violation of this chapter in an amount
jot to exceed one thousand dollars.
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C. Nothing in this section shall prevent the city from bringing a civil action fol
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
3t least once in a newspaper of general circulation in the City of Carlsbad within ffieen
jays after its adoption.
monetary damages as an alternative to a criminal or civil penalty."
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
:ouncil on the 13th day of June ,2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
:adsbad on the 20th day Of June ,2000, by the following vote, to
/id:
AYES:
NOES: None
ABSENT
Council Members Hall, Nygaard and Kulchin
Council Members Lewis and Pinnila
PPROVED AS TO FORM AND LEGALITY
n 7
0 a n.Ga-90,
OmLD R. BALL, City Attorney
Matt Hall, Mayor Pro Tern
ATTEST:
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