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HomeMy WebLinkAbout2023-06-19; Parks & Recreation Commission; ; Appeal of the Approval to Remove a City Street Tree – 3081 Highland - #1Meeting Date: June. 19, 2023 To: Parks & Recreation Commission From: Kyle Lancaster, Parks & Recreation Director Staff Contact: Todd Reese, Parks Services Manager Subject: Appeal of the Approval to Remove a City Street Tree – 3081 Highland - #1 Recommended Action Receive Joe Sandy’s appeal of the approval to remove a city street tree at 3081 Highland Drive, 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. June 19, 2023 Item #4 Page 1 of 17 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. Other City Street Trees in Proximity In 2021, staff evaluated a large Eucalyptus street tree at 3081 Highland Drive (south of subject tree) due to safety concerns associated with its condition, including severe leaning of the trunk. The tree was directed to be removed by the City Arborist without public notice under authority granted by Carlsbad Municipal Code Section 11.12090 Permits Required for Tree Removal and Maintenance. 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 and 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. June 19, 2023 Item #4 Page 2 of 17 In January and February 2023, a sequence of events occurred in proximity to the street trees located at 3057 and 3081 Highland Drive. Those events included the falling of two large Torrey Pine street trees at 1542 Oak Avenue (fronting and across from 3057 and 3081 Highland Drive) on January 1, 2023, during sustained rain and high wind events, and the subsequent proactive removal of a large Torrey Pine street tree on January 4, 2023 at 1542 Oak Avenue (fronting and across from 3057 and 3081 Highland Drive). Additionally, a large Torrey Pine street tree fell on February 22, 2023 at 3229 Highland Drive (south of 3057 and 3081 Highland Drive) during a significant storm event. This sequence of events caused the staff to further evaluate the four subject Eucalyptus street trees at 3057 and 3081 Highland Drive. Staff determined the four Eucalyptus street trees at 3057 and 3081 Highland Drive were authorized for removal due to their non-conformance to the approved street tree species list and their nearing the end of useful service life. The current condition of the street trees includes being the wrong tree planted in the wrong location; the subsequent directional pruning for utility line clearance (resulting in imbalanced crowns); and the leaning towards sunlight and with prevailing airflow - all which become of greater concern when experiencing high winds, weight of rains and saturated soils. Discussion On April 17, 2023, staff initiated a request for the removal of a city street tree (Eucalyptus globulus Blue Gem) within the public right of way at 3081 Highland Drive on behalf of the city’s interests. 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…. 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. June 19, 2023 Item #4 Page 3 of 17 The highest priority removal shall be given to trees meeting all four factors. The second priority will be given to trees meeting three factors… 4.If city arborist has recommended denying the application, the applicant may request the Parks & 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. Two 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, and its nearing the end of useful service life in the planting site.” Therefore, on April 17, 2023, staff mailed and posted a ‘Pending Removal Notice – City Street Tree At 3081 Highland Drive’ (Exhibit 3), per the provisions of Carlsbad Municipal Code Chapter 11.12 and City of Carlsbad Council Policy Statement No. 4. On May 16, 2023, Joe Sandy, resident of 3081 Highland Drive, filed an ‘Appeal to the Parks & Recreation Commission’ over the pending removal of this street tree (Exhibit 4), and submitted a statement, dated May 16, 2023 (Exhibit 5). Staff recommends the Commission receive the appeal and make a determination in support of the approval to remove the street tree at 3081 Highland Drive. Exhibits 1.Carlsbad Municipal Code Chapter 11.12 – Trees and Shrubs 2.City of Carlsbad Council Policy Statement No. 4 – Street Trees 3.Pending Removal Notice – City Street Tree At 3081 Highland Drive, April 17, 2023 4.Appeal to the Parks & Recreation Commission - Street Tree Removal, May 16, 2023 5.Joe Sandy Statement, May 16, 2023 June 19, 2023 Item #4 Page 4 of 17 June 19, 2023 Item #4 Page 5 of 17 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. 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. 11.12.090 Permits required for tree removal and maintenance. 11.12.100 Tree replacement. 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. 11.12.010 Purpose and intent. The public interest and welfare require that the city establish, adopt and maintain a comprehen- sive program for installing, maintaining and pre- serving trees within the city. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, and to preserve trees with his- toric or unusual value. It is the policy ?f 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 331 EXHIBIT 1 11.12.020 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. (Ord. NS-545 § 2 (part), 2000) 11.12.020 Definitions. A. For purposes of this chapter the following words and phrases shall have the meanings respec- tively ascribed to them by this section, unless it is obvious from the context that another meaning is intended: I. "Certified arborist" means an arborist certi- fied by the International Society of Arboriculture. 2. "Community forest management plan" means a document that contains goals and poli- cies 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 person~,1 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 en- tire care of trees including ground preparation, fertilizing, mulching, trimming and watering. 6. "Plant" means an herb that lacks a perma- nent 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. 8. "Tree" means any perennial woody plant having a trunk at least three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size and maturity. Supp. No. 31 1 of 6 June 19, 2023 Item #4 Page 6 of 17 11.12.020 9. "Tree service life" means the number of years that the tree provides 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 between trees for a large tree site, thirty feet for a medium tree site and twenty feet 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. (Ord. NS-545 § 2 (part), 2000) 11.12.030 Jurisdiction of public works department. A. The city manager, acting through the parks and recreation director or his/her designee, shall · exercise exclusive 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. (Ord. NS-747 § 1, 2005: Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072,'§ 2, 12-22-2009) 11.12.040 Master tree list. A. The city manager, acting through the parks and recreation 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. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 11.12.050 Street tree planting and maintenance procedures. A. The city manager, acting through the parks and recreation director or his/her designee, shall develop and implement policies and standards for street tree planting and maintenance required of Supp. No. 31 332 EXHIBIT 1 all tree planting and maintenance throughout the city. (Ord. NS-747 § 2, 2005: Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 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 parks and recreation director or his/ her designee, first approves the kind and variety, designates the location therefor and grants the permit for planting. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 11.12.070 Street tree maintenance. A. It shall be the obligation of the city man- ager, acting through the parks and recreation di- rector or his/her designee, to as.sign appropriate scheduled tree, shrub or plant maintenance, includ- ing but not limited to pruning, fertilization, irriga- tion and pest control based on age, species, size and location to assure the proper maintenance of all street trees, shrubs or plants. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 11.12.080 Protection of trees. 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. 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-or 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 per- son 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. 2 of6 June 19, 2023 Item #4 Page 7 of 17 D. No person shall trim, cut, prune, injure or remove 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 sidewaik, 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 parks and recreation 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, side- walk, median or other public right-of-way of the city, which might cause injury to the tree; 3. Post any sign on any tree that is not sched- uled 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 conduc- tor wires to any tree, shrub or plant now or here- after 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 remov- ing 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 policies, regulations and specifications established pursuant to this chap- ter or any currently applicable ordinances or code sections. (NS-747 §§ 3, 4, 2005; Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 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 pre- 333 EXHIBIT 1 11.12.090 serve 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 appli- cant. B. Permits for Removal or Maintenance. Ex- cept as otherwise provided in this chapter, prun- ing, cutting, trimming or removing any street tree in the city shall require a permit issued by the city manager, acting through the parks and recreation 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 or denying the appli- cation in a written report submitted to the city manager, acting through the parks and recreation director or his/her designee. 2. The city arborist may authorize a tree's re- moval after finding either of the following circum- stances: 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 dam- aged 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 recom- mended 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 deny- ing the application, the applicant may request the parks and recreation commission to review the arborist's decision. 5. If the parks and recreation commission con- curs with the city arborist's recommendation to Supp. No. 31 3 of6 June 19, 2023 Item #4 Page 8 of 17 11.12.090 deny the application, the applicant may request the city council to review the matter for final ac- tion. D. ~Al~ tree removal, whether by city or appli- canr;-shall include the removal of the stump and the removal oCa.ll'stum:p grinding chips and the backfilling of the hole created by stump removal with a good quality top soil suitable for the replant- ing 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 thirty 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; 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 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 prop- erty owners, as well as to the property owners directly opposite and to the owners of the proper- ties adjacent to the opposite property. 3. The city manager, acting through the parks and recreation 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 parks and recreation director or his/her designee determines that a tree's condition threatens public health, safety or welfare; b. When local, state or federal authorities have declared a state of emergency and a tree's condi- tion 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 to life or property, or by formal Supp. No. 31 334 EXHIBIT 1 appeals process. (NS-747 § 5, 2005; Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, §§ 2, 4, 12-22-2009) 11.12.100 Tree replacement. A. It shall be the goal of the city to replace all removed street trees within forty-five days of their removal if the tree site meets the minimum speci- . fications for a valid tree site. 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 rec- ommended species approved by the city, or the conditions existing at the valid site. No tree shall be planted into the public right-of-way that does not comply with the uniform street planting map as described in Section 11.12.120 of this chapter. 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 fifteen-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 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. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 11.12.110 Overhanging trees. 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 ob- struct the adequate passage of light from any street light located in any street, sidewalk, median 4 of6 June 19, 2023 Item #4 Page 9 of 17 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, side- walk, median or other public right-of-way of the city unobstructed by branches; and such owner or his/her agent shall remove from such trees, shrubs or plants all dead, decayed or broken limbs or branches that overhang such street, sidewalk, me- dian 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 that they shall not fall in the street, sidewalk, median or other public right-of-way of the city. (Ord. NS-545 § 2 (part), 2000) 11.12.120 Uniform street planting map. 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 parks and recreation 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. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 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 proactive manner. The plan will address trees on public property and will discuss planting, removal, replacement, maintenance and the pres- ervation of trees growing on any public property or in any street, sidewalk, median or other public . right-of-way of the city. 334-1 EXHIBIT 1 11.12.150 B. When the management plan in its original or modified form is adopted by the city council, i~ 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 parks and recreation 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. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 2, 12-22-2009) 11.12.140 Heritage trees. A. The city council recognizes the important role trees have played in the history and develop- ment of Carlsbad and recognizes that a wide vari- ety of trees can grow in its unique and temperate climate. The city may officially designate as heri- tage 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. (Ord. NS-545 § 2 (part), 2000) 11.12.150 Appeals. A. Any person may request a formal appeal to the parks and recreation commission within thirty calendar days of the posting of a city tree for: I. The location or species of any street tree selected by the city for planting at a specific loca- tion; and/ or 2. The city aborist's recommendation for the removal of any nonhazardous street tree. Supp. No. 31 5 of6 11.12.150 B.Any person may request a formal appeal to the parks and recreation commission for: l. 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 de­ nies an applicant's appeal, the applicant_ may re­ quest a final appeal to the city council within ten calendar days of the commission's decision. D.Fees for an appeal shall be determined byresolution of the city council. E.Appeals will be made by submitting a tree appeal form available from the office of the city clerk. (Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 3, 12-22-2009) 11.12.160 Violation. A.A violation of this chapter may be prose­ cuted either as a misdemeanor or an infraction pursuant to the provisions of Chapter 1, Section 1.08.010 of this code. The city attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to this Chapter if such reduction is warranted in the interest of justice. 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. C.In addition to any other remedy provided by this code, any provision of this code may be enforced by civil action and an injunction; any violation of this code may result in civil penalties, monetary damages, attorney's fees, and investiga­ tory costs. (Ord. NS-762 § 1, 2005; Ord. NS-545 § 2 (part), 2000) (Ord. No. CS-072, § 5, 12-22-2009) Supp. No. 31 334-2 EXHIBIT 1 6 of6 June 19, 2023 Item #4 Page 10 of 17 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: STREETS Street Trees Policy No. 4 EXHIBIT 2Page 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 4June 19, 2023 Item #4 Page 11 of 17 (I EXHIBIT 2 2 of 4June 19, 2023 Item #4 Page 12 of 17 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 3 of 4June 19, 2023 Item #4 Page 13 of 17 EXHIBIT 5 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. 111. 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 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 4 of 4June 19, 2023 Item #4 Page 14 of 17 EXHIBIT 5 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. 8. 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. l(o Exhibit 3 April 17, 2023 RE: PENDING REMOVAL NOTICE – CITY STREET TREE AT 3081 HIGHLAND DRIVE Dear Sir or Madam, This letter is to inform you that the two street trees located at 3081 Highland Drive are posted for removal. The trees are Eucalyptus globulus (Blue gum) and are scheduled to be removed on or shortly after May 17, 2023. The removal of these street trees has been authorized due their non-conformance to the approved street tree species list, and their nearing the end of useful service life. The planting of four new city street trees will be performed within 45 calendar days of the subject removals. A minimum of 15-gallon container sized street trees will be planted in accordance with the Carlsbad Street Tree Ordinance (Chapter 11.12 of the Carlsbad Municipal Code) and the Carlsbad Community Forest Management Plan. If you have any questions regarding the pending removals of these street trees, please contact me at 442-339-2837. If you disagree with the decision to remove the subject trees, you may file an appeal of that decision to the Parks & Recreation Commission. For an appeal to be considered, it must be received by the City Clerk’s Office by 5:00 p.m. on May 16, 2023. You will then be notified of the next available Parks & Recreation Commission meeting at which the appeal can be agenized. At the time of appeal, you will be provided an opportunity to make a presentation as to why these street trees should not be removed. Dependent upon the decision of the Parks & Recreation Commission, the matter may be further appealed to the City Council for final resolution. You may request such an appeal to the City Council, by submitting a separate appeal form to the City Clerk’s Office, within 10 days of the Parks & Recreation Commission’s decision. 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 442-339-2824. Sincerely, Ariel De La Paz Parks Superintendent cc: Todd Reese, Parks Services Manager Morgan Rockdale, Parks/Trees Supervisor June 19, 2023 Item #4 Page 15 of 17 APPEAL TO THE PARKS & RECREATION COMMISSION Subject of Appeal: TREE REMOVAL/TREE PLANTING In accordance with the appeals procedure as authorized by Title 11, Chapter 11.12, Section 11.12.150, of the Carlsbad Municipal Code, the undersigned hereby appeals from the decision of City staff rendered on AfJf<. \ � 1 '::1- , 20__a3., which decision consisted of t�e following (i.e. set forth factual situation and the grounds for submitting this appeal): BE SPECIFIC. How did the decision maker error? What about the decision is inconsistent with local laws, plans or policy? (Use additional sheets as needed). l<St1oLAA t, C>Jc" · t.\ B >t:4::tP::r.2< _-7E2E'5 AP;rU�TI'a ::Joet HlGJ-\LAM!) D1Z-\VE' Q121c ""'tt:> 1'\it2N -c--ON fi:>eJY\A..NG5, ra THE: A'i?PJ?e:vfF'.D .S.TeE-:5::r:ese. . f'"IL�r £ :r:½\e1iG, Ne'AR\ HG. ,He 1=7'\.Q (Q� 'T'!\;E1R..., 1,.,5EP'JL. SE'R._VlCE: t�IEE:. The undersigned discussed the decision being appealed with: Mog�H Re>Gk'QAt.,E on Mk( ·.}6 :;lo�"J ·. ' . OFFICIAL USE ONLY DATE AND TIME APPEAL RECEIVED RECEIVED Mrw rs 20n CITY OF CARLSBAD CITY. CLERK'S OFFICE Original to Parks & Recreation Dept. Copy to City Clerk's Office App llant: 3of3t \-:-Ut;Bt A;h-0 QR. c.A:0�6Ab, _ cA. 9J.,Cb8, MAILING ADDRESS PHONE Updated 1/15 The appeal fee is reimbursed to the appellant if the Parks and Recreation Commission grants the appeal. Please mail this form, along with the fee, to the City Clerk's Office at 1200 Carlsbad VIiiage Drive, Carlsbad, CA 92008-1989 Exhibit 4 June 19, 2023 Item #4 Page 16 of 17 Exhibit 5 June 19, 2023 Item #4 Page 17 of 17 MAY 16, 2023 *THESE TREES ARE NOT DEAD, DYING OR DISEASED AND ARE NOT CAUSING DAMAGE TO HARDSCAPE (IE: HIGHLAND DRIVE). THESE TREES ARE ON FLAT AND GENTLLY SLOOPING GROUND. THERE IS ALSO NO EVIOENCE OF A SHALLOW ROOT SYSTEM. THE SDG&E FORESTER HAS TOLD ME THAT THEY HAVE NO PROBLEM WITH THE TREES REMAINING. AS FOR THEIR USEFUL LIFESPAN THIS SPECIES OF TREE CAN LIVE FOR 200+ YEARS. AS THE CITY COUNCIL POLICY ON STREET TREES SEEl<S TO PRESERVE TREES IN THE CITY, I REQUEST THAT THRSE TREES BE ALLOWED TO LIVE OUT THEIR USEFUL LIFE. PUBLIC HEARING PROCEDURES 1.Staff presents 2.Commission has opportunity to ask questions of staff 3.Appellant presents (10 min.) 4.Commission has opportunity to ask questions of appellant 5.Public comment (3min. ea.) 6.Staff and appellant respond to public comment 7.Commission discusses 8.Commission decides {city of Carlsbad Todd Reese, Parks Services Manager Parks & Recreation Department June 19, 2023 Appeal of the Approval to Remove City Street Tree: 3081 Highland Dr. { City of Carlsbad TODAY’S PRESENTATION •Recommended action •Background •Discussion Specific factors in determination STREET TREE APPEAL: HIGHLAND DR. { City of Carlsbad RECOMMENDED ACTION Receive Joe Sandy’s appeal of the approval to remove a city street tree at 3081 Highland Drive, 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. STREET TREE APPEAL: HIGHLAND DR. { City of Carlsbad Background –Carlsbad Municipal Code •CMC 2.36.070 -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. 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. •CMC 11.12.010 -It is… the policy of the city to protect and preserve all desirable trees that are located on the city’s right-of-way. •CMC 11.12.090 -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. Background –Carlsbad Municipal Code •CMC 11.12.150 -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. Background –Carlsbad Municipal Code •City of Carlsbad Council Policy No. 4 –Street Trees Mirrors provisions in Carlsbad Municipal Code Chapter 11.12 Detailed in staff report on this item, and included as Exhibit 2 Background –Council Policy No. 4 •In 2021, staff evaluated a large Eucalyptus at 3081 Highland Drive (south of subject tree) due to safety concerns associated with its condition, including severe leaning of the trunk •Tree directed to be removed by the City Arborist without public notice under authority granted by Carlsbad Municipal Code Background –Other City Street Trees in Proximity •In January and February 2023, a sequence of events occurred in proximity to the street trees at 3057 and 3081 Highland Drive. •January 1, 2023 -Falling of two large Torrey Pine street trees at 1542 Oak Avenue (fronting and across from 3057 and 3081 Highland Drive) during sustained rain and high wind events Background –Other City Street Trees in Proximity •In January and February 2023, a sequence of events occurred in proximity to the street trees at 3057 and 3081 Highland Drive. •January 4, 2023 –Proactive removal of large Torrey Pine at 1542 Oak Avenue (fronting and across from 3057 and 3081 Highland Drive) •February 22, 2023 –Falling of large Torrey Pine street tree at 3229 Highland Drive (south of 3057 and 3081 Highland Drive) during significant storm event Background –Other City Street Trees in Proximity •This sequence of events caused staff to further evaluate the four subject Eucalyptus street trees at 3057 and 3081 Highland Drive. •Staff determined the four Eucalyptus street trees at 3057 and 3081 were authorized for removal due to: •Non-conformance to the approved street tree species list and •Nearing the end of useful life for this location Background –Other City Street Trees in Proximity •The current condition of the street trees become of greater concern when experiencing high winds, weight of rain and saturated soils resulting from: -Being the wrong tree planted in the wrong place (utility line pruning resulting in imbalanced crown) and -Leaning towards sunlight and -Leaning with prevailing winds Background –Other City Street Trees in Proximity •On April 17, 2023 staff initiated a written request for the removal of a city street tree (Eucalyptus globulus Blue Gem) within the public right of way at 3081 Highland Drive on behalf of the city’s interests. •Staff conducted a thorough evaluation of the subject street tree and the site conditions. Specifics –Permit Required for Tree Removal •Staff determined that the removal of this street tree was warranted under the following sections of Carlsbad Muni. 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. Discussion –Permit Required for Tree Removal 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…: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b h d d d d d d d b d Discussion –Permit Required for Tree Removal 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. Discussion –Permit Required for Tree Removal •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, and its nearing the end of useful service life in the planting site.” •On April 17, 2023, staff mailed and posted a ‘Pending Removal Notice –City Street Tree At 3081 Highland Drive’ (Exhibit 3). Discussion –Permit Required for Tree Removal I I I I On May 16, 2023, Joe Sandy, resident of 3081 Highland Drive, filed an ‘Appeal to the Parks & Recreation Commission’ over the pending removal of this street tree (Exhibit 4), and written statement (Exhibit 5). Discussion –Permit Required for Tree Removal RECOMMENDED ACTION Receive Joe Sandy’s appeal of the approval to remove a city street tree at 3081 Highland Drive, 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. STREET TREE APPEAL: HIGHLAND DR. { City of Carlsbad