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HomeMy WebLinkAbout2020-07-20; Parks & Recreation Commission; ; 0720-1 APPEAL REQUEST FOR THE REMOVAL OF A CITY STREET TREE Meeting Date: July 20, 2020 To: Parks & Recreation Commission From: Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov or 760-434-2941 Staff Contact: Tim Selke, Parks Services Manager tim.selke@carlsbadca.gov or 760-434-2857 Subject: Appeal Request for The Removal of a City Street Tree Recommended Action Receive a resident’s appeal of staff’s decision to deny the requested removal of a city street tree, which was based upon criterion in the Carlsbad Municipal Code and City Council Policy, and act to concur with staff’s decision or support the resident’s request for removal of the tree. Executive Summary The following sections of the Carlsbad Municipal Code apply to the duty of the Parks & Recreation Commission to act upon appeals of staff decisions related to city street trees. Section 2.036.75 Additional Duties. The Parks & Recreation Commission shall have the additional power, and it shall be the duty of the commission to review tree-related issues and determine the needs of the city with respect to its tree planting, replacement, maintenance and preservation programs…In addition, in accordance with Section 11.12.150 of this code, the parks and recreation commission shall hear appeals from decisions of the city manager acting through the parks and recreation director or designee, regarding the planting or removal of street trees. Section 11.12.010 Purpose and Intent. …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…. Section 11.12.090 Permits Required for Tree Removal and Maintenance. 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. Section 11.12.150 Appeals. B. Any person may request a formal appeal to the Parks & 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 utilities. Page 6 of 34 The following sections of the City of Carlsbad Council Policy Statement No. 4, Street Trees, apply to duty of the Parks & Recreation Commission to act upon appeals of staff decisions related to city street trees. Purpose. Establishing a policy for the preservation, proper maintenance and continued enhancement of street trees in the City of Carlsbad. Section II. Tree Removal. 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 Parks & Recreation Director, or h/h designee. The Parks & Recreation Director, or h/h designee, will decide which alternative, if any, to implement. D. Any person may request the removal of a street tree, which is not dead, dying, hazardous or in such a condition that the City would not normally remove the tree by making a formal appeal to the Parks & Recreation Commission. Such a request shall include the reason for the request for removal. Section V. Appeals. B. Any person may request a formal appeal to the Parks & 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 utilities. On May 14, 2020 Parks & Recreation staff received a written request for the removal of a city street tree within the public right of way at 4308 Sea Bright Drive from Ms. Cari Ann Drolet, stated realtor for the property owner [Exhibit 1]. Ms. Drolet requested that the city remove this street tree due to its roots impacting adjacent hardscape. Staff determined that the removal of this street tree was not justifiable under the Carlsbad Municipal Code. Staff notified Ms. Drolet of the determination via a response letter mailed on June 1, 2020 [Exhibit 3]. Discussion On May 13, 2020 Parks & Recreation staff received a written request for the removal of a city street tree within the public right of way at 4308 Sea Bright Drive from Ms. Drolet, stated realtor. According to her letter, Mr. Drolet requested that the city remove this street tree due to tree its roots impacting adjacent hardscape on his property. On May 19, 2020 staff inspected the subject street tree, a Pinus canariensis (Canary island pine) and completed an evaluation [Exhibit 2]. This tree species is in conformance with the Carlsbad Community Forest Management Plan’s approved species list for new street tree plantings. This particular street tree is in the city’s existing inventory for maintenance and is well within its useful service life. At the time of inspection, it displayed good health and condition and had an approximate height of 45 feet. Its condition was consistent with other city-owned Pinus canariensis street trees. Upon observing the above conditions, staff determined that the removal of this street tree was not justifiable under the following sections of Carlsbad Municipal Code. Page 7 of 34 Section 11.12.090. Permits Required for Tree Removal and Maintenance. B. Permits for Removal or Maintenance. Except as otherwise provided in this chapter, pruning, cutting, trimming or removing any street tree in the city shall require a permit issued by the City Manager, acting through the Parks & Recreation Director or 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 or denying the application in a written report submitted to the city manager, acting through the Parks & Recreation Director or designee. 2. The city arborist may authorize a tree’s removal after finding either of the following circumstances: 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 & 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. This particular city street tree only met one of the above factors for removal – i.e., C.M.C. Sec. 11.12.090.C.3.c, Damage to hardscape. Staff notified Ms. Drolet of the determination via a response letter mailed on June 1, 2020. On May 14, 2020, staff communicated with Mr. Curtis Shields, owner of the subject property and advised him of the process for submitting a claim to the Risk Manager for reimbursement of the cost of repairs to the hardscape, if the damage was found to be related to this street tree. Staff also advised Mr. Shields that when repairs are made to the hardscape, the city would install a Bio-barrier root control system to prevent any future damage to the hardscape from the tree roots. To date, no repairs have been made to the hardscape and a claim has not been filed with the Risk Management Office. On July 6, 2020 an appeal to the Parks & Recreation Commission regarding staff’s decision to deny the requested removal of this street tree was received in the City Clerk’s Office from Mr. Shields. Within the appeal application, Mr. Shields asserts that the street tree is creating extreme damage to the property, including the hardscape and the dwelling. Page 8 of 34 Exhibits 1. Street Tree Removal Request from Ms. Drolet - Received May 14, 2020 2. Parks & Recreation Street Tree Removal Evaluation - Dated May 19, 2020 3. Parks & Recreation Street Tree Removal Response Letter - Dated June 1, 2020 4. Appeal to the Parks & Recreation Commission Re. Tree Removal – Received July 6, 2020 Page 9 of 34 Attention: City of Carlsbad Re: Curtis Shields Address: 4308 Seabright Dr. Carlsbad, Ca 92008 To whom it may concern, My name is Cari Drolet, Real Estate Professional representing Curtis Shields in the sale of subject property. We are requesting that you cut down the tree in front of the house that apparently belongs to the city or at minimum give us permission to cut down the tree and treat the roots for the following reasons: . • The roots are growing aggressively and are cracking the foundation and will continue to do so if we do not cut it down and treat the roots. (Please reference pictures) • If nothing is done this will continue to create more issues and cause the home not to sell or this could lead to lawsuits if the roots continue to damage the home any further. My client has asked permission twice with refusal. I am asking you to reconsider as your tree is causing severe damage to my client’s property. We have a quote from a tree company that can remove and treat the roots for $1200. We really need this taken care of as soon as possible. Thank you. All my best Cari Ann Drolet Founder/Lotus Realty Group DRE# 01823385 P: 858-444-5586 E. Cari@LotusRealtyGroup.com www.LotusRealtyGroup.com Page 10 of 34 Page 11 of 34 Page 12 of 34 Page 13 of 34 City of Carlsbad, Parks Division Street Tree Removal Request Evaluation Removal Requested By: Cari Ann Drolet Evaluation Date: 5/19/20 Street Address of Tree: 4308 Seabright Drive Tree Species: Pinus canariensis (Canary island pine) Tree ID No.: 24957 (NW1) Tree Height: 45’ Tree DBH: 24” Mapped Position of Tree: Front #1 Arborist Responsible for Evaluation: Morgan Rockdale History of Tree Maintenance Performed by City: 5/31/18 Heritage Tree: No Adjacent Hardscape Damage Apparent from Tree: Yes, driveway and retaining wall. Adjacent Utility Damage Apparent from Tree: No Condition/Overall Useful Life of Tree: Tree is in good condition. Conformance of Tree with Current Approved Species List: Yes Recommended Response to Request Based Upon Street Tree Policy/Ordinance: I do not recommend removing this tree. Page 14 of 34 Page 15 of 34 Page 16 of 34 Page 17 of 34 Page 18 of 34 Page 19 of 34 Page 20 of 34 Page 21 of 34 May 19, 2020 Ms. Cari Ann Drolet 4308 Seabright Drive Carlsbad, CA 92008 RE: City Street Tree Removal Request Dear Ms. Drolet This letter is in response to your recent request for the removal of a city street tree within the public right of way located at 4308 Sea Bright Drive. According to your communications, you are requesting the city remove this street tree due to tree roots impacting adjacent hardscape. Please be advised that city staff has inspected the subject street tree, Pinus canariensis (Canary island pine). This species is in conformance with the Carlsbad Community Forest Plan’s approved species list for new street tree plantings, this particular street tree is in the city’s existing inventory for maintenance and is well within its useful service life. At the time of inspection, it displayed good health and condition, and had an approximate height of 45 feet. Its condition is consistent with other city-owned Pinus canariensis street trees. Upon observing the above conditions, staff determined that the removal of this street tree is not justifiable under the city’s street tree ordinance. Specific to this determination, please refer to Sections 11.12.010. and 11.12.090 of the Carlsbad Municipal Code, Chapter 11.12 – Trees and Shrubs. Should you have any questions regarding the findings, please contact Trees Supervisor Morgan Rockdale, at (760) 434-2985. If after that contact you still wish to pursue removing this street tree, you may appeal staff’s determination to the Parks & Recreation Commission. The administrative fees for filing appeals are: $120 for the Parks & Recreation Commission, and $152 for the City Council. If the Commission or the Council decides in favor of the appellant, the respective fee will be refunded. The Carlsbad Community Forest Management Plan is available on the city’s website at http://www.carlsbadca.gov/services/depts/parks/facilities/maintenance.asp, and the Carlsbad Street Tree Ordinance is available at http://www.carlsbadca.gov/cityhall/clerk/laws/codes.asp, or you may request that the documents be mailed to you by contacting Parks Maintenance Administration at (760) 434-2824. Sincerely, Tim Selke Parks Services Manager cc: Morgan Rockdale, Parks/Trees Supervisor Page 22 of 34 EXHIBIT 4 Page 23 of 34 EXHIBIT 4 Page 24 of 34 EXHIBIT 4 Page 25 of 34 EXHIBIT 4 Page 26 of 34 EXHIBIT 4 Page 27 of 34 EXHIBIT 4 Page 28 of 34 EXHIBIT 4 Page 29 of 34 EXHIBIT 4 Page 30 of 34