HomeMy WebLinkAbout2007-01-18; Parks & Recreation Commission; 0107-6; Removal of City Street Trees 3354 Seacrest DrivePARKS & RECREATION COMMISSION - AGENDA BILL
AB# 0107-6
MTG. DATE: 1-18-07
STAFF: LANCASTER
APPEAL OF STAFF'S DECISION TO
DENY A REQUEST FOR THE REMOVAL OF TWO
CITY STREET TREES AT 3354 SEACREST DRIVE
n INFO
[El ACTION
RECOMMENDED ACTION:
Receive the appeal of staffs decision to deny a request for the removal of two City Street Trees at 3354
Seacrest Drive, and uphold staffs decision based on the City of Carlsbad's current Street Tree Policy
and Ordinance.
ITEM EXPLANATION:
Background
On August 22, 2006, staff received the attached letter (Exhibit 1) from Rex Wilson requesting the
removal of two City Street Trees at 3354 Seacrest Drive, in the northwest quadrant. As noted in the
letter, and confirmed by staff, these two trees are the subject of a Hold Harmless Agreement (Exhibit 2)
between City of Carlsbad and Charles H. Mitchell/Bonnie W. Mitchell. Finding no documentation of Mr.
Wilson's connection to the Hold Harmless Agreement,, staff sent the attached response letter (Exhibit 3)
on August 28, 2006, requesting that proof of property ownership be submitted prior to the City's
evaluation of the trees in question.
On September 31, 2006, staff received the attached letter (Exhibit 4) from Mr. Wilson, along with proof of
property ownership, in the form of an escrow settlement statement. After consulting with the City
Attorney's Office, it was determined that the above referenced Hold Harmless Agreement had
transferred to the new property owners, Mr. Wilson and Ms. Fritz-Wilson, upon the close of the property's
escrow on September 11, 2006. The Agreement therefore remained in effect, with no modifications or
waivers anticipated by the City.
Staff then performed a field evaluation of these street trees (Tipuana Tipus), and found them to be
healthy and in good general condition. The trees appeared to be stable, with an approximate height of
50', and there was no evidence of related root damage to the adjacent road, gutter, water line/meter,
sewer line, or house foundation. Although there were several cracks and lifts noted in the driveway,
there was no conclusive evidence that damage was caused in part or in whole by these street trees. In
fact, there were three tree stumps within three feet of the northern edge of the driveway that were more
likely to have caused the bulk of that damage.
Although the trees were deemed to be in need of maintenance pruning, that work had already been pre-
scheduled for the following 90-120 day period, as part of the City's Street Tree Block Pruning Program.
That routine work considerably reduces the canopies of such trees, including the trimming of limbs
extending toward the residence, and appropriately clearing utility wires. Maintenance pruning on these
particular trees has most recently been performed on three and one half to four year intervals (8/96,
8/00, and 2/04). These intervals are well within the norm for the pruning of public street trees.
Based on the above finding, staff determined that the removal of these trees was not justified under the
City's Street Tree Policy and Ordinance. The attached response letter (Exhibit 5) was sent to Mr. Wilson
on October 31, 2006, denying his request to remove the two trees. On
November 28, 2006, staff received the attached appeal of the decision to the Parks and Recreation
commission.
Street Tree Policy and Ordinance
The most recent revisions to the City of Carlsbad's Street Tree Policy (Exhibit 6) and Ordinance (Exhibit
7) were adopted by the City Council in June of 2000. These revisions included several sections that
strengthened the protection and preservation of existing City Street Trees, and correspondingly limited
The circumstances by which the removal of such trees is justifiable.
AB# 0107-6
Page 2
The following excerpts from the Street Tree Policy and Ordinance, which are applicable to this case,
illustrate the above point.
City Council Policy Statement No. 4 - Street Trees
Section II., Tree Removal
A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for street
widening, until viable alternatives to tree removal have been investigated.
B. 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.
C. The City will not remove existing street trees on the basis of individual or group preference for a
specific species of tree.
City Ordinance No. NS-545 - Trees and Shrubs
Section 11.12.010, 'Purpose and Intent'
a It is the policy of the city to line its street with trees and to conduct a consistent and adequate
program for maintaining and preserving these trees... .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.
Section 11.12.080, 'Protection of Trees'
a A. No person shall remove, trim, prune or cut any street tree, shrub, or plant now or hereafter
growing in any street, sidewalk, median, or other public right of way of the city, unless such work
conforms with all city regulations and standards.
Section 11.12.090, 'Permits required for Tree Removal'
a A. Policy. The city values trees as an important part of the environment and shall strive to
preserve them wherever 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.
Hold Harmless Agreement
In March of 1999, prior to the City Council's adoption of the most recent revisions to the Street Tree Policy
and Ordinance, the Public Works Department was intending to remove the two trees in front of 3354
Seacrest Drive as part of a Capital Improvement Program (CIP) project. However, the property owners at
that time, Charles and Bonnie Mitchell, wished "to preserve the existing trees" and subsequently entered
into a Hold Harmless Agreement with the City of Carlsbad to achieve that goal.
The CIP project plans were "to remove and replace, repair and restore various portions of the street that
may include curb and gutter, street surfacing, street structural section, sewer and drainage facilities...."
Public Works' staff determined that:
• The construction activities needed to repair the street would damage the tree(s).
• The best course of action would be for the City to remove the tree(s).
• A new tree would be planted on the property for each tree that was removed.
Beyond listing several reasons for this determination, staff was unwilling to allow the trees to remain after
trimming and removing a portion of the roots and canopy, unless the property owner:
• Agreed to accept liability for any and all damage to the owner's property, personal injuries to the
owners, and personal and property damage to the owner's guests and/or the owner's tenants that
may have occurred that was attributable to, caused by or arose from the trimming and removal of
the roots and canopy of the trees.
• Waived any and all rights to make claim for any personal injuries or loss or damage that may have
accrued against the City, members of its Council or Commissions, its officials, employees and
agents, that arose from or were attributable to the trimming an removal of the roots and canopy of
the trees.
(o\
AB#0107-6
PageS
/
• Agreed to hold the City harmless and not responsible for any personal injuries or damage to the
property of the owner, the owner's guests, and/or the owner's tenants in the event that the trees or
branches thereof fell down, or otherwise caused damage, due to the trimming and removal of the
roots and canopy of the trees described.
Mr. and Mrs. Mitchell signed the Hold Harmless Agreement to the above affect on May 3, 1999. As
mentioned previously, this agreement transferred to Mr. Wilson and Ms. Fritz-Wilson upon the property's
close of escrow on September 11, 2006. It is staffs understanding that Mr. Wilson was aware of the
pending transfer of the agreement prior to the close of escrow.
Response to Grounds for Appeal
The following paragraphs provide the three grounds of submittal for the attached Appeal to Parks and
Recreation Commission (Exhibit 8), dated November 28, 2006 and staffs response.
1. Per 11.12.080 paragraph F. no person shall interfere, or cause any person to interfere with
employees of the City who are engaged in planting, maintaining, treating, removing, or replacing
any tree...". The City allowed the previous owner to interfere with the removal of the disputed trees
which were to be replaced as part of the road improvements project.
The above section of the City's Street Tree Ordinance applies to employees that are actively "engaged in"
removing a tree. To the best of staffs knowledge, Mr. and Mrs. Mitchell did not physically interfere with
either City or contract crew members who were involved in such removal efforts. Mr. and Mrs. Mitchell
were apparently informed of the planned removal of the trees prior to the activity taking place. Instead of
potentially losing the benefits of these trees, they opted to enter into a legal Hold Harmless Agreement with
the City "to preserve the existing trees."
2. The recent assessment that the trees are "healthy and in good condition" ignores the current and
likely damage to City and private property and is inconsistent with the original determination that
they should be removed. See attached report.
The subject trees were recently assessed by four licensed arborists, either on staff or on contract with the
City. All four of these arborists are familiar with the City's Street Tree Policy and Ordinance in relation to
factors that are considered for a removal request, including "damage to utilities and/or sewer lines" and
"damage to hardscape" (See above cited Policy and Ordinance Sections, and Policy Section II.
G./Ordinance Section 11.12.090.C.3.). None of these arborists "ignored the current and likely damage...",
but rather weighed that damage against the current policy and ordinance provisions.
As stated previously, the City's "original determination that the trees should be removed" was made nearly
eight years ago, prior to the City Council's adoption of the most recent revisions to the Street Tree Policy
and Ordinance. Based on the opinion of the four noted arborists, the trees currently appear to be stable.
Not withstanding the above, staff carefully reviewed the Cornerstone Consultings arborist's report (Exhibit
9) submitted by the appellant, and took appropriate responsive action.
Amongst other findings in the Cornerstone Consultings report, the arborist noted an unsecured limb
hanging in one of the trees. Recognizing the status as a safety hazard, staff arranged for the City's Street
Tree Block Pruning Program contractor to pull off of its assignment and address the hanging limb the next
work day. In order to maximize labor efficiencies while on the site, staff also instructed the contractor to
address the pre-scheduled maintenance pruning of these trees at that time. That work conformed with the
American National Institute (ANSI) 300 and Best Management Practices (BMP) for tree pruning. In so
doing, the referenced Topping and Heading cuts to the trees - presumably performed by utility line
clearance companies - were corrected to the degree practical. In addition, the following week, staff
addressed the described 'stair step' condition by filling-in the remaining excavation with compacted soil.
AB#0107-6
Page 4
3. The obligations to protect life and property detailed in the hold harmless agreement are
inconsistent, and in conflict with ordinance NS-545 which prevents the owner from limiting the
hazardous condition by pruning or removing the trees.
City Street Trees are presently on a pre-scheduled maintenance pruning pattern of approximately every
four years. This cyclical activity, known as the Street Tree Block Pruning Program, is referenced above.
Staff also commonly reviews requests for additional periodic pruning of street trees, and responds to each
request as appropriate.
Lastly, the City's Street Tree Ordinance (No. NS-545) does not prevent property owners from arranging for.
the supplemental pruning of street trees. Rather, Section 11.12.080. A. of the ordinance states, "No
person shall remove, trim, prune, or cut any street tree, shrub, or plant now or hereafter growing in any
street, sidewalk, median, or other public right of way of the city, unless such work conforms with all city
regulations and standards." Those city regulations and standards would include the hiring of an
acceptably licensed/certified tree trimming contractor, the approved insurance coverage for that contractor,
the adherence to all traffic control safety provisions, and the oversight of that contractor's pruning work by
a city staff arborist.
Staff sent the attached response letter (Exhibit 9) to Mr. Wilson on December 13, 2006, advising him of the
date that this appeal would be heard by the Parks and Recreation Commission.
EXHIBITS:
1. Letter from Rex Wilson to Kyle Lancaster, dated 8/21/06
2. Hold Harmless Agreement between the City and Charles/Bonnie Mitchell, dated 5/3/99
3. Letter from Kyle Lancaster to Rex Wilson, dated 8/28/06
4. Letter from Rex Wilson to Kyle Lancaster, dated 9/30/06
5. Letter from Kyle Lancaster to Rex Wilson, dated 10/31/06
6. City of Carlsbad Council Policy Statement No. 4 - Street Trees, dated 6/13/00
7. City of Carlsbad Ordinance No. NS-545 - Trees and Shrubs, dated 6/21/00
8. Appeal to Parks and Recreation Commission from Rex Wilson, dated 11/28/06
9. Cornerstone Consultings Arborist's Report submitted with the Appeal, dated 11/22/06
10. Letter from Kyle Lancaster to Rex Wilson, dated December 13, 2006
EXHIBIT 1
N. REX WILSON
4600 Park Drive, Carlsbad, CA 92008
(760)730-3312 - rex@rexwilson.com
August 21, 2006
City of Carlsbad
Street Tree Maintenance Division
Attn: Kyle Lancaster
1166 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mr. Lancaster:
We would like the City to remove two trees fronting the property at 3354 Secreast Drive Carlsbad
(parcel # 167 053 04 00) located within the City Street right-of-way fronting the property.
By way of background, as part of the street improvement project for that area, the City wanted to
remove and replace the trees as the work would damage the root structure making them
hazardous. The prior owners (Charles H. & Bonnie W. Mitchell) wanted to keep the trees and on
May 3rd of 1999 the City entered into a HOLD HARMLESS AGREEMENT (Doc# 1999-0471125).
As a result the City did not remove the trees. Reference copy of agreement is attached.
Specific rational for the request are'
1. Tree roots have been heavily damaged by the City in association with street
improvements, and per City evaluation, represent a hazardous condition.
2. Large limbs overhang the home and represent a hazardous condition.
3. Tree canopy is intertwined with telephone, cable and high voltage lines leading to the
house creating a hazardous condition.
4. Tree roots probably entangled with water lines and may have invaded the waste lines.
5. Trees roots have cracked and uplifted the driveway by 4-5 inches making it unusable.
6. Probable damage to foundation of home in the future
7. Prior owner signed a Hold Harmless Agreement which, in perpetuity, passes certain
liabilities for these trees to the owner. This is clearly unacceptable.
As the new owners of the property we ask that the City abide by their initial judgment that removal
was required for safety of all parties and property involved, and remove/replace these trees
immediately.
Please evaluate our request and let us know as soon as possible.
Thanks!
N. Rex Wilson
5390
^CORDING REQUESTED BY
WHEN RECORDED MAIL TO;
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
EXHIBIT 2
ft 1999-0471125
JUL 07, IL999 1:3S PM
OFFICIAL RECORDS '
SAH DO COUNTY RECORDER'S OFFICE
GEGORV J. SMITH, COUHTY RECORDER
FEES: 0.00
1999-0471125
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into as of the day of . / /19
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred 4oas "City", and
Charles H & Bonnie W Mitchell Jr. hereinafter referred to as "Owner", being the owner(s) of the real
property located at 3354 Seacrest Dr, Carlsbad, California also being assessor's parcel number 167 053
04 00 hereinafter referred to as "Property".
Owner understands that City plans to remove and replace, repair and restore various portions of the street
that may including curb and gutter, street surfacing, street structural section, sewer and drainage facilities
fronting Property. Owner agrees that the roots of the tree(s) located within City street right-of-way fronting
Property have caused damage to the street and utility facilities. City has informed Owner that: • •
• the construction activities needed to repair the street will damage the tree(s).
• the best course of action is for City to remove the tree(s). .
• Cfty wishes to remove the tree(s) and is willing to plant new one new tree on the Property to replace
each tree removed.
Owner wishes to preserve the existing tree(s). When Owner suggested that City couid leave the tress in
place and conduct only minimal root pruning City informed Owner that:
• the construction activities needed to repair the street will necessitate trimming and removing a portion
of the roots and canopy of said tree(s).
• the trimming and removing a portion of the roots and canopy of said tree(s) will be extensive and will
involve up to thirty percent of the tree(s) root structure and up to forty percent of the tree(s) canopy.
• trimming and removing a portion of the roots and canopy of the tree(s) will reduce the strength and
health of the tree(s).
• the reduction in the strength and health of the tree(s) may result in all, or portions, of the tree(s) falling
and/or death of the tree(s).
• this root trimming and removal of the roots and canopy could diminish the stability of the tree(s).
• there is the possibility that the tree(s) or its branches may fall down sometime after this trimming and
removal of the roots and canopy and possibly damage the property of, or cause personal injuries to,
Owner, Owner's guests and/or Owner's tenants.
• because of the heightened possibility that the tree(s) may fall and the resultant liability City is not willing
to trim and remove a portion of the rcots and canopy of the tree(s) unless Owner:
• agrees to accept liability for any and all damage to Owner's property, personal injuries to Owner
and personal and property damage to Owner's guests and/or Owner's tenants that may hereinafter
occur that is attributable to, caused by or arises from the trimming and remcval of the roots and
canopy of the Tees;
• waives any and all rights to make a claim for any personal injuries or property loss or damage that
may hereinafter accrue against City, members of its Councii or Commissions, its officials,
(3/23/99)
Description; San Diego,C3. Cccoment-i'eajr.DocTD 1599.471025 Psae: 1 of 3
5391
iployees and agents, arising from or attributable to the trimming and removal of the roots and
canopy of the trees
F" agrees to hoid City harmless and not responsible for any personal injuries or damage to the
property of the Owner, Owner's guests and/or Owner's tenants in the event that the trees or
branches thereof fall down, or otherwise cause damage, due to the trimming and removal of the
roots and canopy of the trees as described herein.
Owner wishes to preserve the existing tree(s) fronting the Property. In order to try to save the street tree(s)
located within City right-of-way and allow for the reconstruction of street and utility facilities fronting
property Owner consents and agrees to assume any and all risks of damage to Owner, Owner's guests
and/or Owner's tenants property, or personal injuries to Owner, Owner's guests and/or Owner's tenants
that may hereinafter occur that is attributable to, caused by or arises from the trimming and removal of the
roots and canopy of the trees; Owner waives any and all rights to make a claim for any personal injuries or
property loss or damage that may hereinafter accrue against City, members of its Council or Commissions
its officials, employees and agents, arising from or attributable to the trimming and removal of the roots'
and canopy of the tree(s), and further agrees to hold City harmless and not responsible for any persona!
Injuries or damage to the property of the Owner, Owner's guests and/or Owner's tenants In the event that
the tree(s) or branches thereof fall down due to the trimming and removal of the roots and canocv as
described herein.
( I ) ( we ) hereby certify that (I ) ( we ) are the owners of the property located at the address first
mentioned above and that (I) (we ) have read this document and that (I ) ( we ) understand and aqree
with its content. *
Executed by Owner this_day of
C/
., 19 99.
OWNER:
(name of Owner)
CITY OF CARLSBAD, a municipal
corporation ofjhe State of California
__CJJV Manager or Mayor-
ALETHAL RAUIEISIKRANZ~
City Clerk w
KAREN R. KUNDTZ, Assistant City Clerk(sign here) ' ' /
(Proper notarial acknowledgment of execution by Owner must be attached.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Ey:
City Attorney
(3/23/99)
Description: San Diego,CA Document-Year.PoeJD 1599.471125 Page: ""2 or" 3
5392
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .
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before me, P}nr ) r\ r\ r. la
Nama and Title fcTOHicer (e.g-. 'J»n« Doe,'Klotaty Public")
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K. DOLKAS I[Commission #1097528 <
Notary Public • California 2San Diego County
I My Cominission Ew. MAY2, 2000 J
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B^proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instalment and
acknowledged to me that ne/shertney_3xecuted
the same in his/her/t^iryauthorized
capacity(ies), and that by his/he^thej^
signature(s) on the instrument the person(sjTor
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN y hand and official seal.
Place Notary Seal Above / —Signature of Noiary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons rslying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:. Number of Pages:,
Signer(s) Other Than Named Above:.
Capacity(?es) Claimed by Signer
Signer's Name:
O Individual
D Corporate Officer—TiBe(s):
D Partner — D Limited G General
RIGHTTHUMBPRINTOF SIGNER
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D Trustee
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D Other:
Signer Is Representing:
C 199? Natonal NotaryAssooaaon • 3350 D« Soto Avt_ »0. Sox 2402 • Ctetsworth, CA 91313-2402 Prod No. 5907 Reorder CsllTba-Frte 1-800-876-6BZ7
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Description- San Diego,CZ. Document-Year.DocIV 1999.471125 Page: 3 of 3
EXHIBITS
City of Carlsbad
Public Works
August 28, 2006
Mr. Rex Wilson
4600 Park Drive
Carlsbad, CA 92008
RE: City Street Trees Removal Request - 3354 Seacrest Drive
Dear Mr. Wilson:
This City has received your request for the removal of two street trees within the public right of
way at 3354 Seacrest Drive. Prior to our evaluating the trees in question, please submit proof of
your current ownership of the subject property. We will respond to your removal request within
approximately thirty days of receiving that proof of ownership.
In the interim, we are returning your check for $ 1 20, made payable to the City of Carlsbad.
There is no charge to residents requesting that specific street trees be evaluated for removal, in
relation to the provisions of the City's Street Tree Policy and Ordinance.
Should staff determine that the removal of these trees cannot be justified under the current policy
and ordinance, you will have the right to appeal that decision to the City's Parks and Recreation
Commission. There is an administrative fee of $120 to file an appeal, which is refundable if the
Parks and Recreation Commission grant the removal of the trees.
The Street Tree Ordinance and the Parks and Recreation Commission Appeal forms are available
on the City's website at www.ci.carlsbad.ca.us/streets/3request.html, or you may request that
they be mailed to you by contacting the Parks Maintenance Office at (760) 434-2824. Any
appeal, along with the applicable fee, must be filed with the Clerk's Office at the City Hall
Building, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
Should you have any questions regarding this letter, please feel free to contact Public Works
Supervisor Michael Bliss at (760) 434-2985, or me at (760) 434-2941.
Sincerely,
KYLE LANCASTER
Parks Superintendent
c: Michael Bliss, Public Works Supervisor
H'\Scarr\Tree Removal RequestVWiknn 1 £tter «-78-Ofi.dnn
405 Oak Avenue • Carlsbad, CA 92OO8-3009 • (760) 434-298O • FAX (760) 72O-9562
EXHIBIT 4
N. REX WILSON
4600 Park Drive, Carlsbad, CA 92008
(760)730-3312 - rex@rexwilson.com
September 30, 2006
City of Carlsbad
Street Tree Maintenance Division
Attn: Kyle Lancaster
1166 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mr. Lancaster:
We would like the City to remove two trees fronting the property at 3354 Seacrest Drive Carlsbad
(parcel # 167 053 04 00) located within the City Street right-of-way fronting the property.
As part of the street improvement project for that area, the City wanted to remove and replace the
trees as the work would damage the root structure making them hazardous. The prior owners
(Charles H & Bonnie W. Mitchell) wanted to keep the trees and on May 3rd of 1999 the City
entered into a HOLD HARMLESS AGREEMENT (Doc# 1999-0471125). As a result the City did
not remove the trees
Specific rational for the removal request are-
1. Tree roots have been heavily damaged by the City in association with street
improvements, and per City evaluation, represent a hazardous condition.
2. Large limbs overhang the home and represent a hazardous condition. •
3. Tree canopy is intertwined with telephone, cable and high voltage lines leading to the
house creating a hazardous condition.
4. Tree roots probably entangled with water lines and may have invaded the waste lines.
5. Trees roots have cracked and uplifted the driveway by 4-5 inches making it unusable.
6. Probable damage to foundation of home in the future.
7. Prior owner signed a Hold Harmless Agreement which passes certain liabilities for these
trees to the owner which is unacceptable to us as the new owners.
As the new owners of the property we ask that the City abide by the original judgment that the
trees should be remove/replace immediately.
Our prior request was sent back to us because you required proof of ownership for evaluation of
the request. Attached is a copy of the closing statement as proof of our ownership of the
property.
Thanks!
N. Rex Wilson
EXHIBITS
City of Carlsbad
Public Works
October 31,2006
Mr. Rex Wilson
4600 Park Drive
Carlsbad, CA 92008
RE: City Street Trees Removal Request - 3354 Seacrest Drive
Dear Mr. Wilson:
This letter is in response to your recent request for the removal of two trees within the public right of way at 3354
Seacrest Drive. According to your correspondence, you are requesting the removal of these street trees in part because
it is unacceptable to you, as the new owner of the subject property, to assume the liabilities of the Hold Harmless
Agreement (Doc # 1999-0471125) between the City of Carlsbad, and the prior owners of this property. You also
indicate several other items related to the past and present condition of the trees as specific rationale for their removal.
Please be advised the City Attorney's Office has determined that, upon the close of escrow, the above referenced Hold
Harmless Agreement did in fact transfer to you and Ms. Fritz-Wilson. That agreement with the City is therefore
currently in effect.
As for the condition of these City street trees, a Public Works Supervisor, licensed as an arborist, recently inspected the
site. He found the trees (Tipuana Tipus) to be healthy, and in good general condition. They each appeared to be
stable, with an approximate height of 50 feet. There was no damage noted to the adjacent roadway, gutter, or water
meter. Although there were several cracks and lifts noted in your driveway, there was no conclusive evidence that this
damage was caused in part or in whole by these street trees. There was also no evidence of current house foundation
or water/sewer line damage.
Upon observing these conditions, staff determined that the removal of these street trees is not justifiable under the
City's Street Tree Policy and Ordinance. The trees are, however, scheduled to be maintenance pruned under the City's
Street Tree Block Pruning Program within the next 90-120 days. At that time, the canopies will be considerably
reduced, including the trimming of several limbs extending toward your residence, and the appropriate clearance of
utility wires.
If you would like to discuss the above findings, please contact Public Works Supervisor Michael Bliss at (760) 434-
2985. If after that discussion you still wish to pursue removing these trees, you may appeal staffs decision to the
Parks and Recreation Commission.
The Street Tree Ordinance, and the Parks and Recreation Commission Appeal forms are available on the City's
website at www.ci.carlsbad.ca.us/streets/3request.html, or you may request that they be mailed to you. There is an
administrative fee of $120 to file an appeal to the Parks and Recreation Commission. Should the Commission grant
the removal of these trees, you will be reimbursed for the fee.
Sincerely,
KYLE LANCASTER
Parks Superintendent
c: Ronald Kemp, Deputy City Attorney
Michael Bliss, Public Works Supervisor
~7O\ScaiT\Tree Rfmnval RpqnesftPKS Wiknn HcnipH 1 fttfr 1 (1-T1-flfi jry ' ^
405 Oak Avenue • Carlsbad, CA 92O08-3OO9 • (760) 434-2980 - FAX (760) 720-95(32
EXHIBITS
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Streets
Specific Subject: Street Trees
. Page 1 of 4
Policy No. 4
Date Issued June 13. 2000
Effective Date June 13. 2000
Cancellation Date
Supersedes No. 4 (Dated
11-02-99)
Copies to: City Council, City Manager, City Attorney, Department Heads and Division
Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
The City Council determined that the Street Tree Policy needed to be updated to ensure the
preservation, proper maintenance and continued enhancement of public trees.
PURPOSE:
Establishing a policy for the preservation, proper maintenance and continued enhancement of
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 of not lose than
approaching 90% of all qualified (valid) tree sites within the developed right-of-way of
the City.
B. 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.
n. 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 Manager/General
Services, or his/her designee, to allow for such alternatives to be considered prior to the
removal of such a tree.
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B. 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 Manager/General
Services, or his/her designee. The Public Works Manager/General Services will decide
which alternative, if any, to implement.
C. The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree.
D. Any person may request the removal of a street tree, which is not dead, dying,
hazardous or in such a condition that the City would not normally remove the tree by
making a formal appeal to the Troo Commission Parks and Recreation Commission.
Such a request shall include the reason for the request for removal.
E. Potentially hazardous, dead, dying or diseased trees shall be inspected by a City
arborist. Upon the written recommendation of the arborist for the removal of
hazardous, dead, dying or diseased trees, a Letter of Notification will be posted in
accordance with Section II.I.
F. The City will not remove any tree solely for the cause of view restoration.
G. Consideration for tree removal will be given a priority rating depending on the following
factors:
. 1. Service Life
2. Damage to utilities and/or sewer lines
3. Damage to hardscape
4. Conformity of the existing tree to recommended species list
The highest priority removal shall be given to trees meeting all four factors. The
second priority will be given to trees meeting three factors, etc.
H. All tree removals, whether by the City, contractor, or resident shall include the
removal of the tree stump and the removal of all stump grinding chips and the back-
filling of the hole created by stump removal with a good quality top soil suitable for the
replanting of a replacement tree.
I. All trees recommended for removal shall be posted by attaching the Letter of
Notification and a non-removable marking upon the subject tree a minimum of 30 days
prior to their removal. In addition, notification in the form of a written notice shall be
given to the owner of the property where the tree will be removed, and the owner on
the adjacent properties and the owners on the property directly opposite, and the
owners of the properties adjacent to the opposite property. Notification shall include,
but not be limited to the following information:
Page 3 of 4
1. The location of the tree
2. The reason for the tree's removal
3. The date of the scheduled removal
4. The species of tree to be planted
5. The size of the tree to be replanted
6. The date by which an appeal must be made to the Troo Commiooion
Parks and Recreation Commission.
7. 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.
DJ. 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 II.I.
B. It shall be the goal of the City to replace all removed street trees within 45 days of their
removal if the tree site meets the minimum specifications for a valid tree site.
C. Tree sites not meeting the minimum specifications for a valid tree site will not be
planted.
D. All removed trees shall be replaced with a tree of the same species as removed, 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. All tree replanting shall be with a minimum 15-gallon container tree, except when a
person agrees to pay the difference in cost of a larger replacement tree size and any
additional costs associated with the planting of a larger tree.
G. A person may request replacement of a street tree species specified by the "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 Public Works Manager/General Services. All trees removed for this
reason must be replaced with a tree listed as an approved species by the City.
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H. The City will allow short-term rotational plantings.
I. 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.
IV. 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.
V. Appeals
A. Any person may request a formal appeal to the Troo Commission Parks and Recreation
Commission within thirty (30) calendar days of the posting of a City Tree for:
1. the location or species of any street tree selected by City staff for
planting at a specific location; and/or
2. a staff recommendation for the removal of any non-hazardous street tree.
B. Any person may request a formal appeal to the Troo Commission Parks and Recreation
Commission for:
1. the removal of a street tree which is not dead, dying or diseased; and/or
2. the removal of a street tree that is listed as a Heritage Tree; and/or
3. the removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities.
C. If the Troo Commission Parks and Recreation Commission denies an appeal, the
applicant may request a final appeal to the City Council within ten (10) calendar days
of the Commission's decision.
D. Fees for an appeal shall be determined by resolution of the City Council.
E. Appeals will be made by submitting a Tree Appeal Form available from the office of
the Public Works Department.
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EXHIBIT?
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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 health,
safety, and general welfare to all of Carlsbad citizens and that the preservation and proper
maintenance of trees is a matter of citywide concern; and
WHEREAS, the City Council further recognizes that trees and shrubs improve the
environment and provide great aesthetic benefits by moderating the climate; releasing
oxygen; acting as filters against airborne pollutants; providing noise abatement; privacy
screening; erosion control and harboring wildlife in an urban setting; and
WHEREAS, the City Council has the authority to determine all aspects of the
preservation and proper maintenance of public trees and shrubs; and
WHEREAS, the City Council finds and determines that it is necessary to enact
regulations prohibiting unnecessary damage to, removal of, or destruction of public trees
and shrubs.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION 1. That existing Title 11, Chapter 11.12 of the Carlsbad Municipal Code
is repealed.
SECTION 2. That Title 11, Chapter 11.12 of the Carlsbad Municipal Code is added
to read as follows:
"Chapter 11.12
TREES AND SHRUBS
Sections:
11.12.010 Purpose and intent
11.12.020 Definitions
11.12.030 Jurisdiction of public works department
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11.12.100 Tree replacement
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11.12.040 Master tree list
11.12.050 Street tree planting and maintenance procedures
11.12.060 Approval prior to planting
11.12.070 Street tree maintenance
11.12.080 Protection of trees
11.12.110 Overhanging trees
11.12.120 Uniform street planting map
11.12.130 Community forest management plan
11.12.140 Heritage trees
11.12.150 Appeals
„ „ 11.12.160 Violation
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9 || 11.12.010 Purpose and intent.
The public interest and welfare require that the city establish, adopt and maintain
10 || a comprehensive program for installing, maintaining and preserving trees within the city.
This chapter establishes policies, regulations and specifications necessary to
11 govern installation, maintenance and preservation of trees to beautify the city, to purify
the air, to provide shade and wind protection, and to preserve trees with historic or
12 unusual value.
It is the policy of the city to line its streets with trees and to conduct a consistent
'I 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
property and to cultivate a flourishing urban forest.
11.12.020 Definitions.
A. 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 goals and policies that will guide the city in its actions and decisions affecting
trees within the city limits.
3. "Hazardous Tree" means any tree or tree condition which represents
a danger to persons, property or other healthy trees.
4. "Heritage Tree" means any tree existing within the city limits which
has been so designated by resolution by the city council. Heritage trees shall be trees
with notable historic interest or trees of an unusual species or size.
5. "Maintain" or "maintenance" means the entire care of trees including
ground preparation, fertilizing, mulching, trimming and watering.
6. "Plant" means an herb that lacks a permanent woody stem.
7. "Shrub" means a low woody plant having several stems and a trunk
less than three inches in diameter at a height less than four and half feet above the
ground.
1 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
2 definition shall include any tree planted by or required to be planted by the city which will
attain the stated size and maturity.
3 9. "Tree Service Life" means the number of years that the tree provides
4 the most benefits with the least amount of costs.
10. "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
forty feet (40') between trees for a large tree site, thirty feet (30') for a medium tree site
and twenty feet (20') for a small tree site. All tree sites beneath a high voltage electrical
line shall be considered a small tree site. Tree sites shall be planted with a large, medium
or small tree listed and approved by the city.
11.12.030 Jurisdiction of public works department.
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A. The city manager, acting through the public works director or his/her
designee, shall exercise jurisdiction and control over the planting, maintenance, removal
and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other
public rights of way of the city, and shall have such power, authority, jurisdiction and
duties as are prescribed in this chapter.
A. The city manager, acting through the public works director or his/her
designee, shall develop and maintain a master tree list, which shall be adopted by
resolution of the city council and shall be on file in the office of the city clerk. These
documents shall specify the species of trees suitable and desirable for planting in certain
areas in order to establish a wide ranging urban forest.
11.12.050 Street tree planting and maintenance procedures.
, A. The city manager, acting through the public works director or his/her
designee, shall develop and implement policies and standards for street tree planting
and maintenance and will incorporate these policies and standards into the city's
community forest management plan, which shall be adopted by resolution of the city
council.
11.12.060 Approval prior to planting.
A. 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 his/her designee, first approves the kind and variety, designates the location
therefor and grants the permit for planting.
23 "11.12.070 Street tree maintenance.
A. It shall be the obligation of the city manager, acting through the public
works director or his/her 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 street26
11.12.080 Protection of trees.
trees, shrubs or plants.
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A. No person shall remove, trim, prune or cut any street tree, shrub or plant
now or hereafter growing in any street, sidewalk, median or other public right of way of
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the city, 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.
B. No person shall remove, injure or misuse any guard or device placed to
protect any tree, shrub or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city.
C. 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.
D. No person shall willfully injure, disfigure or intentionally destroy by any
means any tree, shrub or plant growing in any street, sidewalk, median or other public
right of way of the city.
E. No person shall:
1. 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 his/her designee.
2. 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.
13 3. Post any sign on any tree that is not scheduled for removal as
described in section 11.12.090 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.
F. 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.
G. No person shall plant any street tree, shrub or plant except according to
19 policies, regulations and specifications established pursuant to this chapter or any
currently applicable ordinances or code sections.
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11.12.090 Permits required for tree removal.
A. 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.
B. Permits for Removal. Except as otherwise provided in this chapter,
removing 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
C. Review of the application to remove a tree shall proceed as follows:
1. A city arborist shall inspect the property and recommend approving
2. The city arborist may authorize a tree's removal after finding either of
the following circumstances:
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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.
3. 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.
4. 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 council to
review the matter for final action.
D. 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.
E. Notification of Tree Removal.
1. 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:
a. The location of the tree
b. The reason for the tree's removal;
18 , 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
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director or his/her designee determines that a tree's condition threatens public health,
safety or welfare;
Recreation Commission.
g. A description of the appeal process.
2. 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 his/her
designee, may waive notification requirements for a tree removal in either of the following
circumstances:
a. When the city manager, acting through the public works
b. When local, state or federal authorities have declared a state
of emergency and a tree's condition threatens public health, safety or welfare.
F. 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.
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A. 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.
3 B. 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
5 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.
C. Trees that are touching or nearly touching high-voltage utility lines shall be
replaced with a recommended species.
D. All tree replanting shall be with a minimum 15-gallon container tree, except
when a person agrees to pay the difference in cost of a larger replacement tree size and
any additional costs associated with the planting of a larger tree.
E. 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 manager, acting through the public works director or his/her designee. All
trees removed for this reason must be replaced with a tree listed as an approved species
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by the city.12
11.12.110 Overhanging trees.13
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11.12.100 Tree replacement.
A. The owner or his/her 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 his/her 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
19 | 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 his/her agent shall remove the same so
20 I that they shall not fall in the street, sidewalk, median or other public right of way of the
city.
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11.12.120 Uniform street planting map.
22 A. 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 his/her 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.
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11.12.130 Community forest management plan.
A. Upon the recommendation of the Parks and Recreation Commission, the
city council shall adopt a community forest management plan that provides direction to
develop goals and policies that will guide the city to manage tree-related issues in a
28 j proactive manner. The plan will address trees on public property and will discuss
planting, removal, replacement, maintenance and the preservation of trees growing on
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any public property or in any street, sidewalk, median or other public right of way of the
city.
B. 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 his/her
designee, shall have copies of this plan made and the same shall be kept on file in the
office of the city clerk and may be obtained by the public.
11.12.140 Heritage trees.
A. The city 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
trees those trees in the community which have significant historical or arboricultural
interest. It is the policy of the city council that all designated heritage trees that are on
public streets shall be protected.
11.12.150 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 the city for
planting at a specific location; and/or
2. the city aborist's recommendation for the removal of any non-
hazardous street tree.
B. Any person may request a formal appeal to the Parks and Recreation
Commission for:
1. the removal of a street tree which is not dead, dying or diseased;
and/or
2. the removal of a street tree that is listed as a heritage tree; and/or
3. the removal of a street tree that is causing damage to hardscape or
for the cause of routing underground or overhead utilities.
C. If the Parks and Recreation Commission denies an applicant's appeal, the
applicant may request a final appeal to the city council within ten (10) calendar days of
the commission's decision.
D. Fees for an appeal shall be determined by resolution of the city council.
E. Appeals will be made by submitting a tree appeal form available from the
office of the public works department.
11.12.160 Violation.
A. Any violation of this chapter is a misdemeanor subject to the provisions of
Chapter 1, Section 1.08.010 of this code.
B. In addition to any criminal penalty, the city may, pursuant to Government
Code section 36901, impose a civil penalty for any violation of this chapter in an amount
not to exceed one thousand dollars.
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C. Nothing in this section shall prevent the city from bringing a civil action for
monetary damages as an alternative to a criminal or civil penalty."
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
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 13th day of June , 2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 20th day of June , 2000, by the following vote, to
wit:
AYES: Council Members Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Members Lewis and Finnila
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDES LEWIS, Mayor
Matt Hall, Mayor Pro Tern
ATTEST:
E M. WOOD, City Clerk
(SEAL)
x
EXHIBITS
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D<ECSEQWE
mini?oeC»
B|
^-fiX3-V-
CITYOFCAfiLSBADCITY CLERK'S OFFICEAPPEAL TO PARKS & RECREATION COMMISSION r " .
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Subject of Appeal: (REE REMOVAL>r TREE PLANTING (please circle one) «--^
In accordance with the appeals procedure as authorized by Title 1 1 . Chapter 1 1 . 1 2 of the
Carlsbad Municipal Code, the undersigned hereby appeals from the decision of City staff
rendered on ormhar 31,2005 ,-206+. which decision consisted of the following (i e. set forth
factual situation and (he 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).
1 . Per 1 1 .1 2,080 paragraph F, no person shall interfere, or cause any person to interfere with employees of the City
who are engaged in planting, maintaining, treating, removing or replacing any tree...". The City allowed the previous
owner jgjnteriere^ with the removal of disputed irees which were to be replaced _as_part of the road improvements project.
2, The recent accessmeni that the trees are "healthy & in good condition" ignores the current and likely damage lo City and
private property and is inconsistent with the_oriqinal determination ihat they should be removed. See attched report
3. The obligations to prefect life and property detailed In irte hold harmless agreement are inconsistent, and in conflict
with ordinance NS-545 which prevents ihe owner torn limiting the hazardous condition, by pining or removing the trees.
The undersigned discussed the decision being appealed with:
Kyle Landcaster, Parks jSuperintertdent (via letter) On September 30. 2006 _ _ f_r
and through several phone calis. ____________________ r _ ^
dlant:
Official Use Only
DATE & TIME APPEAL RECEIVED:
Calendared for:
Original lo Cuy CIcA
Copy 10: Recreation DcpanmciU
Guiierdl S^rviciTS Department
SIGNATURE
.fcLResJMisei_ .... ...
NAME (please print)
ADDRESS
JZiO}.73Q-33l2
PHONO -\0.
November 23, 2006
DATE
The appeal fee is SI20.00 per appellant. Tliis tec is reimbursed to appellant if ihc Parks & Recreation
Commission grants appeal, flense mail this form, along with fee. to the City Clerk's Office ai 1200 Carlsbad
Village Drive, Carlsbad. California 92008-1989.
EXHIBIT 9
Tree - Turf C- Ornamentals > Soil
Professional Landscape Appraisals -^Trce Hazard Evaluations
P. O. Box 620 e> Pauraa Valley, CA 92061-0620 * Email: jimtconierstone@aol.com
November 22, 2006
Mr, and Ms. Rex Wilson
4600 Park Drive
Carlsbad California 92008
Dear Mr, and Ms, Rex Wilson:
This report is a follow-up to my onsite inspection, examination, investigation and
analysis regarding two (2) Tipu trees (Tipuana tiptt) in the front yard of your residence at
3354 Seacrest Drive, Carlsbad, California, The date of inspection was Monday,
November 20. 2006,
In further concert with this site inspection, I have reviewed the following:
1. A "Hold Harmless Agreement' recorded July 7, 1999 on these property trees,
2. Your letter of September 30, 2006 directed to the City of Carlsbad regarding
these subject trees.
3. The City of Carlsbad October 31, 2006 response to your September 30, 2006
letter.
4. Your proposed appeal submission to the Parks and Recreation Commission,
City of Carlsbad regarding the trees,
My site inspection not withstanding, the city's posture that previous street improvements
would have required "up to thirty percent (30%) of the tree(s) root structure and up to
forty percent (40%) of the tree(s) canopy" as stated in the hold harmless agreement
revealed pruning previous and since to these trees having occurred. The canopy pruning
was not done in conformance with American National Standards Institute (ANSI) A300
Pruning standards and Best Management Practices (BMP) Tree Pruning prior to the
agreement taking effect and since the agreement has been in force.
The pruning standards of practice have not been conformed to by the power line
clearance contract company, the city and/or previous property(s) owners.
Primary and secondary power line clearance pruning is not in conformance with
standards adopted by the Public Utilities Commission (PUC) General Order (GO) No. 95
Rule 35 Appendix "E', ANSI A300 Pruning standards, BMP Tree Pruning standards and
Tree-Pruning Guidelines as outlined by the performance guidelines committee authored,
published and copyrighted by the International Society of Arboriculture (ISA). Heading
cuts have been made simply for clearance in the past without proper consideration for the
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Mr. and Ms. Rex Wilson Page 2
November 22. 2006
tree's structural integrity and health. Heading and topping cuts are poor pruning leading
to future poor attachments of newly developing laterals in a tree and are an unacceptable
standard of practice. Topping and Heading cuts as defined in ANSI A300 are as follows:
Topping (ANSI 4.46):
The reduction of a tree's size using heading cuts that shorten limbs or branches
back to a predetermined crown limit. Topping is not an acceptable pruning practice
(ANSI 5.5.7).
Heading (.ANSI 4.20):
Cutting a currently growing, or a 1-year-old shoot, back to a bud. Cutting an
older branch or stem back to a stub in order to meet defined
structural objective. Cutting an older branch or stem back to a lateral branch not large
enough to assume apical dominance in order to meet a defined structural objective.
Heading may or may not be an acceptable pruning practice, depending on the application.
Currently the trees have potential hazards existing within the canopy from heading and
topping "paining" cuts. These pruning cuts include but are not limited to growth older
than the hold harmless agreement and multi lateral branches (up to 3 at one point)
previously existing with seriously poor attachments from heavily included bark. Topping
and/or heading cuts prior and since adoption of the hold harmless agreement, where
lateral branch growth and attachment at these cuts are, are not structurally secure within
the integrity of the tree.
One large dead hanger limb of approximately two and one-half inch (2/2") to three inch
(3") diameter limb currently is hanging loosely and insecurely within the tree canopy
ready to fall. Should the hanger limb fall, it could seriously injured or kill someone.
There are crossing and rubbing limbs causing damage and weakening to one another.
There is pressure currently being put upon the lower secondary power lines that could
cause breakage of such lines or detachment from the pole or house. This subject property
and the neighboring property secondary power lines are in jeopardy from these lines.
The primary power lines have tree limbs pressing upon the sheathed power cables.
Apparently when street improvements were made, soil excavation was made beyond the
current curb/gutter structure. A plastic root barrier of an unknown manufacture was
installed near the newly installed curb/gutter excavated soil area to protect the street
improvements from the trees' roots. This root barrier is presently visible next to the
curb/gutter. The root barrier either was installed improperly or is presently failing from
the tree rooting encroachment and destruction of the barrier. There is at least one area of
gap several inches wide between the joints of the installed root barrier.
Mr. and Ms. Rex Wilson • Page 3
November 22,2006
Over twelve (12) medium to large size surface roots of these trees are exposed in the
front yard of this property. Many roots have been damaged and injured in the past and
will continue to be damaged from utilization and maintenance of the front yard property.
Also, apparently when street improvements were made, soil excavation occurred beyond
the current curb/gutter structure. This soil excavation left a 'stair step* in the previously
rolling front yard property of this subject property. This 'stair step' excavation did not
return the property to the original soil topography condition. This presently existing
'stair step' soil excavation differential is an extreme fall/trip hazard. It must be
eliminated immediately.
This favorite of drought tolerant trees demands expansive amounts of soil volume on a
shallow horizontal plane. That is why there are so many surface coots of these trees here
presently and previous destroyed streets that demanded improvements. And the street
improvements will be damaged again from these frees. The limiting soil volume with
nearby improvements on public and private property cannot and will not withstand long-
term the negative impacts these two (2) trees aggressive, opportunistic and adventurous
rooting system will have to the hardscape of street improvements and private "property
improvements.
Current assessed poor structural limb integrity places passing citizens and vehicular
traffic at risk,
It is my recommendation due to the tree hazards presented in the canopy and rolling soil
topography to life and limb to people on public and private property, power line
infringements in and to the trees and lines, highly expected future damage to public street
improvements as well as subsurface utilities and at the request of the current property
owners, the trees be removed for the good of all. Aside from the obvious observed
hazards and problems to the property, power lines and poor structural integrity of
developed lateral branching within these trees and due to these trees not having sufficient
soil rooting volume for their long term maintenance without placing public property and
private property at risk, I can find no pleasant choice but to suggest theses trees removed
and replaced with a more appropriate genus specie tree.
Mr, and Ms. Rex Wilson Page 4
November 22. 2006
if I may be of any further assistance in this matter or should you have any questions,
please do not hesitate to call,
Sincerely. /"/
Jim Thompson
Registered Consulting Arborist #385
American Society of Consulting Arborists
Forensic Examiner, Diplomatc Status #19157
American Board of Forensic Examiners international
Certified Arborist #WE 740 A
International Society of Arboriculture
Enclosure: Resume
C. THOMPSON, JR.
Cornerstone Consultings
Professional landscape consulting, plant appraisal loss, tree hazard evaluation and analysis of soils, lurfgrasses,
trees and landscape problems. Partial client list consists of architects, attorneys, builders, cities, colleges,
commercial properties, contractors, county, developers, federal government, governmental agencies,
homeowners, homeowner associations, landscape architects, landscape contractors, military,, property
management companies, public utilities, race track, school districts, shopping centers, sports stadiums, structural
engineers, state government, tee service firms, universities & U.S. Attorney's Office. Legal arbitration,
consultation., court, deposition, forensic, mediation, and expert witness testimony available.
PROFESSIONAL Registered Consulting Arborist, American Society of Consulting Arborists (385)
EXPERIENCE Forensic Examiner, Diplomate, American Board of Forensic Examiners Int'l (19157)
Board Certified Crop Advisor, American Society of Agronomy (03809)
Certified Arborist, International Society of Arboriculture (WE 740 A)
Licensed Agricultural Pest Control Advisor, State of California (AA 06610)
Licensed Qualified Applicator, State of California (QAL 32766)
Qualified Applicator Certificate. State of California (QAC 16735)
Horticultural Agronomist -Tree, Turfgrass & Landscape Specialist, 1971-Present
MEMBER American Society of Consulting Arborists
American College of Forensic Examiners International
American Society of Agronomy
international Society of Arboriculture, 8030
International Society of Arboriculture-Western Chapter, CH-00856
California Agricultural Production Consultants Association - CAPCA
San Diego California Agricultural Production. Consultants Association
San Diego Professional Tree Care Association
PAST MEMBER California Landscape Contractors Association
San Diego Golf Course Superintendents Association
PAST
ACTIVITIES
MILITARY
Appointed by the County of San Diego, Board of Supervisors as:
Associate Director, Ramona/Julian Resource Conservation District
Director, Ramona/Julian Resource Conservation District
Associate Director, Palomar/Ramona/Julian Resource Conservation District
Worked closely in conjunction with the USDA Soil Conservation Service, now the NRCS
United States Marine Corps
United States Marine Corps, Combat Air Crew Member Wings with 3 Bronze Stars
Four (4) Air Medals - Combat, awarded by the President of the United States
Navy Achievement Medal with a Combat "V'\ awarded by the Secretary of the Navy
Combat Action Ribbon, awarded by the Department of Navy, United States Marine Corps
Presidential Unit Citation, combat, awarded by the President of the United States
Vietnam Veteran, 13-month Tour with Two Consecutive 6-month Extensions & partial 3rd
Honorable Discharge
University of Phoenix - Bachelor of Science
Grossmonl College — Associate of Arts
EDUCATION
P.O. Box 620 « Parana Valley, CA 92061-0620 * Office 760.5053683 * Fax 760.742.4243 • E-mail: jimtconicrstone@aol.corn
Revised 200fs
EXHIBIT 10
City of Carlsbad
Public Works
December 13, 2006
Mr. Rex Wilson
4600 Park Drive
Carlsbad, CA 92008
RE: City Street Trees Removal Request - 3354 Seacrest Drive
Dear Mr. Wilson:
The General Services Division has received your written appeal, filed on November 28, 2006, of
staffs determination on the requested removal of two city street trees (Tipuana Tipus) at 3354
Seacrest Drive. The Parks and Recreation Commission is the board charged with the responsibility
of hearing all such appeals.
The Parks and Recreation Commission's next regular meeting was scheduled for January 15, 2006.
However, due to observance of the Martin Luther King, Jr. holiday, that meeting has been canceled.
A special meeting of the Parks and Recreation Commission has instead been scheduled for January
18, 2006, at 5:30 p.m., in the Council Chambers, at City Hall, 1200 Carlsbad Village Drive. Your
street tree appeal will be heard, along with other Commission agenda items, at that time.
The Commissioners will receive copies of the related documentation that was submitted when your
appeal was filed. As part of the Public Hearing process, speakers are also allotted a five-minute
period to address the Parks and Recreation Commission directly. Rulings of appeals are generally
provided at the conclusion of the hearing.
Should the Commission rule in your favor, your appeal fee will be returned to you via the City
Clerk's Office. Should the Commission support staffs determination, your appeal fee will not be
returned. You would then have the right to appeal the Parks and Recreation Commission's decision
to the City Council within the following ten calendar days.
Should you have any questions regarding this process, please contact Public Works Supervisor
Michael Bliss at (760) 434-2985, or me at (760) 434-2941. Your patience in addressing this matter
is appreciated.
CKYOTLANCASTER >
Parks Superintendent
Ronald Kemp, Deputy City Attorney
Michael Bliss, Public Works Supervisor
H \Scarr\PKS Wilsnn Appeal letter 1?-
405 Oak Avenue • Carlsbad, CA 92OO8-3OO9 - (760) 434-2980 • FAX (760) 720-9562