HomeMy WebLinkAbout2023-06-19; Parks & Recreation Commission; ; Appeal of the Approval to Remove a City Street Tree – 3081 Highland - #2Meeting 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 - #2
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 #5 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 #5 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 #5 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 #5 Page 4 of 17
June 19, 2023 Item #5 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
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June 19, 2023 Item #5 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 #5 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
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June 19, 2023 Item #5 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
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June 19, 2023 Item #5 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
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June 19, 2023 Item #5 Page 10 of 17
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 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. (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
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 #5 Page 11 of 17
(I
EXHIBIT 2
2 of 4June 19, 2023 Item #5 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 #5 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 #5 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 #5 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 #5 Page 16 of 17
Exhibit 5
June 19, 2023 Item #5 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