HomeMy WebLinkAbout2022-10-17; Parks & Recreation Commission; ; Appeal of the Approval to a Remove City Street Tree – 1980 Marcasite PlaceMeeting Date: Oct. 17, 2022
To: Parks & Recreation Commission
From: Kyle Lancaster, Parks & Recreation Director
Staff Contact: Todd Reese, Parks Services Manager
Subject: Appeal of the Approval to a Remove City Street Tree – 1980 Marcasite Place
Recommended Action
Receive Jarrod Cuzens’ appeal of the approval to remove a city street tree at 1980 Marcasite
Place, which was based upon criterion in the Carlsbad Municipal Code and City Council Policy,
and make a determination in support of the approval to remove the street tree.
Background
Carlsbad Municipal Code Chapter 11.12 – Trees and Shrubs
The following sections of the Carlsbad Municipal Code Chapter 11.12 – Trees and Shrubs
(Exhibit 1), 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.
1 of 4
City of Carlsbad Council Policy No. 4 – Street Trees
The following sections of the City of Carlsbad Council Policy Statement No. 4 - Street Trees
(Exhibit 2), 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 and Recreation Director, or h/h
designee. The Parks and 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 and 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 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 utilities.
City Street Trees within the La Costa Greens Development
On Nov. 23, 2010, the city’s Planning Division accepted the landscape plans for the La Costa
Greens development. The landscape plans included 60 Tipuana tipu (Tipuana) street trees to be
planted within approximately three-foot wide parkway strips along Marcasite Place and along
Cobalt Drive. The Tipuana species was not then, nor has been since, on the approved species
list for city street trees. Tipuana trees have deciduous to semi-evergreen canopies and can
have very invasive root systems. This species of tree has a fast growth rate to 25 feet, and can
reach 50 feet in height. The width of Tipuana tree canopies can reach between 30 and 40 feet.
The street trees on Marcasite Place and on Cobalt Drive are owned by the City of Carlsbad and
are in the city’s street tree inventory. However, the street trees are privately maintained by the
La Costa Greens Community Association (Association), under a Street Tree Maintenance
Agreement with the City of Carlsbad. The tree maintenance services are to be by performed by
the Association, according to city standards and schedules, in lieu of the homeowners being
assessed through Lighting and Landscape District No. 2 and the city performing the tree
maintenance services. The provisions of Carlsbad Municipal Code Chapter 11.12 – Trees and
Shrubs, and City Council Policy No. 4 – Street Trees, remain in effect within the development.
2 of 4
In early fall 2021, two Tipuana street trees on Cobalt Drive were removed by the Association’s
contractor without permission from the city. According to the La Costa Greens Homeowners
Association, the two street trees were removed by its tree contractor in error. The Association
agreed to plant four new street trees in the vicinity of the original street trees.
On Oct. 18, 2021, the Association Manager contacted staff, expressing a general interest in
removing additional street trees, on Marcasite Place and on Cobalt Drive. Staff reminded the
Association Manager that the street trees were city property, and advised:
•These street trees were to be maintained by the Association under a Street Tree
Maintenance Agreement with the city.
•The tree maintenance services were to be by performed by the Association, according
to city standards and schedules, in lieu of the homeowners being assessed.
•Requests to remove these street trees could be submitted by the Association, then
reviewed by staff for compliance with the removal criteria - on a case-by-case basis.
•The criteria for removal of city street trees was detailed in muni code Chapter 11.12/City
Council Policy No. 4, and some of street trees within the Association may qualify.
•Staff would provide a written determination for each removal request received.
•For any street trees authorized for removal, replacement street tree(s) must be planted,
from the approved species list, within 45 days of the removal date.
On Nov. 1, 2021, after a site walk with staff, the Association’s Community Manager sent a letter
to the Association’s homeowners regarding the subject street trees (Exhibit 3). Since that date,
several homeowners in the La Costa Greens development have requested staff consider the
removal of street trees in front of or adjacent to their residence, both on Marcasite Place and
on Cobalt Drive. Some of the reasons provided for the street tree removal requests included
damage to the sidewalks, curbs and gutters, and damage to the underground utilities. Each of
these requests was reviewed, or is in the process of being reviewed, on a case-by-case basis for
compliance with the removal criteria. Several requests have been approved, as they complied
with sufficient criteria to warrant removal of the street trees, and other requests have been
denied, as they did not comply with sufficient criteria to warrant removal of the street trees.
Discussion
On Aug. 8, 2022, staff received a verbal request for the removal of a city street tree (Tipuana
Tipu) within the public right of way at 1980 Marcasite Plane from Astrid Chen, resident of said
property. Staff conducted a thorough evaluation of the subject street tree and the site
conditions. Staff determined that the removal of this street tree was warranted under the
following sections of Carlsbad Municipal Code Chapter 11.12:
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:
3 of 4
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.
Three of the four above factors for removal (Sec. 11.12.090.C.3) apply to this particular street
tree – i.e., “its non-conformance to the approved street tree species list, its nearing the end of
useful service life in the planting site, and its damage to hardscape.” Therefore, on Sept. 2,
2022, staff mailed and posted a ‘Pending Removal Notice – City Street Tree At 1980 Marcasite
Place’ (Exhibit 4), per the provisions of Carlsbad Municipal Code Chapter 11.12 and City of
Carlsbad Council Policy Statement No. 4.
On Sept. 28, 2022, Jarrod Cuzens, resident of 1951 Marcasite Place, filed an ‘Appeal to the
Parks & Recreation Commission’ over the pending removal of this street tree (Exhibit 5), and
submitted a ‘Tipu Tree Report’ from Tree Life Consulting, dated Oct. 20, 2021 (Exhibit 6). Staff
recommends the Commission receive the appeal and make a determination in support of the
approval to remove the street tree at 1980 Marcasite Place.
Exhibits
1.Carlsbad Municipal Code Chapter 11.12 – Trees and Shrubs
2.City of Carlsbad Council Policy Statement No. 4 – Street Trees
3.Letter from Association Community Manager to La Costa Greens homeowners, Nov. 1, 2021
4.Pending Removal Notice – City Street Tree At 1980 Marcasite Place, Sept. 2, 2022
5.Appeal to the Parks & Recreation Commission - Street Tree Removal, Sept. 22, 2022
6.Tipu Tree Report from Tree Life Consulting, Oct. 20, 2021
4 of 4
EXHIBIT 1
1 of 6
EXHIBIT 1
2 of 6
EXHIBIT 1
3 of 6
EXHIBIT 1
4 of 6
EXHIBIT 1
5 of 6
EXHIBIT 1
6 of 6
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject:
Specific Subject:
STREETS
Street Trees
Policy No. 4
EXHIBIT 2
Page 1 of 4
Issued Date December '6 , 2009
Effective Date December 1 , 2009
Cancellation Date ____ _
Supersedes No. 4 (06-13-2000)
Copies to: City Council, City Manager, City Attorney, Department 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 approaching 90% of allqualified (valid) tree sites within the developed right-of-way of the City.
B.The City's Community Forest Management Plan shall set forth standards forplanting, 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 healthytree population.
11.Tree Removal
A.The City will not remove any tree for the purpose of installation of a new sidewalk, orfor street widening, until viable alternatives to tree removal have been investigated.Alternative to tree removal will be referred to the Parks and Recreation Director, orhis/her designee, to allow for such alternatives to be considered prior to the removalof such a tree.
EXHIBIT 2
1 of 4
EXHIBIT 5
Page 2 of 4
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 and Recreation
Director, or his/her designee. The Parks and Recreation Director, or his/her
designee, 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 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 11.1.
F. The City will not remove any tree solely for the cause of view restoration.
G. Consideration for tree removal will be given a priority rating depending on the
following factors:
1. Service Life
2. Damage to utilities and/or sewer lines
3. Damage to hardscape
4. Conformity of the existing tree to recommended species list
The highest priority removal shall be given to trees meeting all four factors. The
second priority will be given to trees meeting three factors, etc.
H. All tree removals, whether by the City, contractor, or resident shall include the
removal of the tree stump and the removal of all stump grinding chips and the back-
filling of the hole created by stump removal with a good quality top soil suitable for
the replanting of a replacement tree.
I. All trees recommended for removal shall be posted by attaching the Letter of
Notification and a non-removable marking upon the subject tree a minimum of 30
days prior to their removal. In addition, notification in the form of a written notice
shall be given to the owner of the property where the tree will be removed, and the
owner on the adjacent properties and the owners on the property directly opposite,
and the owners of the properties adjacent to the opposite property. Notification shall
include, but not be limited to the following information:
EXHIBIT 2
2 of 4
EXHIBITS
Page 3 of 4
1. The location of the tree
2. The reason for the tree's removal
3. The date of the scheduled removal
4. The species of tree to be planted
5. The size of the tree to be replanted
6. The date by which an appeal must be made to the Parks and Recreation
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 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 to life or property, or by formal appeals process.
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 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 Parks and Recreation Director, or his/her designee. All trees
removed for this reason must be replaced with a tree listed as an approved species
by the City.
H. The City will allow short-term rotational plantings.
EXHIBIT 2
3 of 4
EXHIBITS
I. The Parks and Recreation Director, or his/her designee will review the approved
species list annually and will add and delete tree species based on their adaptability
to street tree sites in Carlsbad.
Page 4 of 4
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 Parks and Recreation Commission
within thirty (30) calendar days of the posting of a City Tree for:
1. the location or species of any street tree selected by City staff for planting
at a specific location; and/or
2. a staff recommendation for the removal of any non-hazardous street tree.
B. Any person may request a formal appeal to the Parks and Recreation Commission
for:
1. the removal of a street tree which is not dead, dying or diseased; and/or
2. the removal of a street tree that is listed as a Heritage Tree; and/or
3. the removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities.
C. If the Parks and Recreation Commission denies an appeal, the applicant may
request a final appeal to the City Council within ten (10) calendar days of the
Commission's decision.
D. Fees for an appeal shall be determined by resolution of the City Council.
E. Appeals will be made by submitting a Tree Appeal Form available from the office of
the City Clerk.
\(o
EXHIBIT 2
4 of 4
-, I
November 1, 2021
On behalf of La Costa Greens Board of Directors
RE: Tipuana Tree Concerns
Dear La Costa Greens Homeowner:
I ,
LACOSTA GREENS
The Board would like to thank all those interested and concerned owners who reached out regarding the proposed
removal of the parkway trees on Marcasite and Cobalt. Since the date of the last meeting, the Board has spent a
considerable amount of time reviewing the input received and speaking with various advisors and experts, on the
matter.
During this investigation, it was discovered that the parkway areas along with sidewalks belong to the City of
Carlsbad, however, the HOA has an exclusive maintenance agreement over that area. This means that while the
City owns the property (copy of the municipal code is attached), the HOA is responsible for the care and
maintenance of the improvements (trees and landscaping) within these areas. Therefore, the City of Carlsbad
uftimately has the final say on whether the trees are damaging their property to the point of removal, sfnce
according to the city staff these types of trees "get really big and have invasive roots".
An onsite evaluation was conducted by members of the Board, the HOA's Consulting ArboristTree Life Consulting
(copy of their report is attached), as well as representatives of the City. We noticed that there are a few areas
where the trees may be causing damage to the sidewalk and the street. However, it was decided that the damage
was not overwhelming and we agreed to hold off on pursuing the removals for the time being.
It should be noted that while the HOA can pause their request to remove the trees with the City, if the City deems
the trees to be an ongoing nuisance due to increased liability from lifted sidewalks, damaged streets and utilities,
or increased claims for property damage, they may require the trees to be removed. Owners with concerns
regarding the_ trees and potential damage to sidewalks, streets, or property will be directed to the City Public
Works department to file a complaint and/or reimbursement claim as the HOA cannot justify to the other 95.4%
of La Costa Greens residents the cost of repairs, lawsuits and maintenance of the damaged properties. For
perspective, due to ongoing issues related to trees, a nearby Association has paid hundreds of thousands of dollars
in repair costs and their insurance fees went from $40k to above $110k annually, due to several high dollar claims.
Therefore, it is strc;mgly encouraged that owners contact the City as soon as any damage to the sidewalks,
watermains, landscaping and driveways or other property, is noted and have the,m repair or reimburse you
directly.
3]1)7 Grey Han-/, Coun
Suite l.:/0
Carl,bad. U 92()/()
T 760-.:/31-2522
EXHIBIT 3
1 of 2
I ,
LACOSTA -GREE.:NS
The two trees on Cobalt which were removed by tree company in error, will be replaced with new Tipuana trees.
The Association will also schedule its annual maintenance of the trees in the near future.
If you have any further questions, please contact us in writing at the address noted below or via e-mail at
rmcdonald@waltersmanagement.com.
Sincerely,
For the Board of Directors
Rebecca McDonald, CCAM-LS, PCAM
Community Manager
La Costa Greens Community Association 3261 tire.,· Hmrk ( ·our; Suile l-10 Cm-/sbad. CJ 91010 T 760-B!-1522 ----.--. .... ,; .. ----------=-------�-------c'=""a:c-------·---
�'�
-!; =��:;
ATTACHMENT B
2 of 2
EXHIBIT 4
1 of 1
1 of 2
2 of 2
EXHIBIT 6
1 of 9
EXHIBIT 6
2 of 9
EXHIBIT 6
3 of 9
EXHIBIT 6
4 of 9
EXHIBIT 6
5 of 9
EXHIBIT 6
6 of 9
EXHIBIT 6
7 of 9
EXHIBIT 6
8 of 9
EXHIBIT 6
9 of 9