HomeMy WebLinkAbout2021-08-05; Information on Two City Street Trees at 6402 Camino Del Parque (District 3); Barberio, GaryTo the memb1Hs ef the:
CllY COUNCIL
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Aug.5,2021
To:
From:
Via:
Council Memorandum
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Kyle Lancaster, Parks & Recreation Director
Geoff Patnoe, Acting City Manager {ff?
{cityof
Carlsbad
Memo ID# 2021150
Re: Information on Two City Street Trees at 6402 Camino Del Parque (District 3)
This memorandum provides information on staff's determinations and actions related to two
city street trees at 6402 Camino Del Parque.
Background
Two mature city street trees are located along the side street, Paseo Del Norte, of a corner
property at 6402 Camino Del Parque. These Carrotwood trees have been reviewed by city
arborists multiple times over the past several years and have been found to be in good health
and overall condition. At the time of the most recent review in July 2021, the trees were
approximately 25 feet tall and positioned in the middle of a reverse parkway, which abuts the
property side yard fence.
Since 2016, the property owner, Mr. Grady Funk, has been in periodic contact with staff to
request pruning of the trees' canopies. In Mr. Funk's opinion, the seed pods that are naturally
dropped from the trees' canopies constitute a maintenance nuisance for his property
conditions, pose a choking/cutting hazard for his children, and may cause pedestrians to avoid
use of the sidewalk. Staff have been responsive to each of Mr. Funk's prior requests. Since
2014, these particular trees have also been on the city's proactive pruning schedule -including
a supplemental cycle. This schedule accounts for the full pruning of the tree's canopies
approximately every two years, which is twice as often as most other city street trees' canopies.
Discussion
On Sept. 25, 2020, a Community Association Manager, Mr. Kyle Kruger, submitted a letter to
staff, requesting the removal of the subject two city street trees (Attachment A). The reasons
stated for the removal included the above referenced potential choking hazard and pedestrian
hazard, plus a likelihood for the trees to cause damage to the concrete in the area. On
Sept. 28, 2020, a city arborist inspected the trees and completed evaluations on them. On
Oct. 1, 2020, staff sent a response letter to Mr. Kruger (Attachment B), advising of the
inspection of the trees and the determination that their removal was not justifiable under
Sections 11.12.010 and 11.12.090 of the Carlsbad Municipal Code, Chapter 11.12-Trees and
Shrubs. The letter also notes staff's contact number for answering questions and references
Community Services Branch
Parks & Recreation Department
799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 760-434-2826 t
Council Memo -Information on Two City Street Trees at 6402 Camino Del Parque (District 3)
Aug.5,2021
Page 2
the process for filing an appeal of staff's determination regarding the trees to the Parks &
Recreation Commission. Section 11.12.010 of the Carlsbad Municipal Code states in whole:
The public interest and welfare require that the city establish, adopt and maintain a
comprehensive program for installing, maintaining and preserving 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 historic or unusual value.
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.
It is the policy of the city to encourage new tree planting on public and private property and to
cultivate a flourishing urban forest.
Section 11.12.090 of the .Carlsbad Municipal Code states in part:
A. Policy. The city values trees as an important part of the environment and shall strive to
preserve them whenever possible and feasible. When reviewing requests for a street tree
removal permit, the city shall discourage removing desirable trees, and shall consider
approving removal of desirable trees only as a last resort alternative for the applicant.
B. Permits for Removal 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 and recreation director or designee.
C. Review of the application to remove a tree shall proceed as follows:
1. A city arborist shall inspect the property and recommend approving or denying the
application in a written report submitted to the city manager, acting through the parks
and recreation director or designee.
2. The city arborist may authorize a tree's removal after finding the ... 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;
2
Council Memo -Information on Two City Street Trees at 6402 Camino Del Parque (District 3)
Aug. 5, 2021
Page 3
b. Damage to utilities and/or sewer lines;
c. Damage to hardscape;
d. Conformity of the existing tree to recommended species list.
The highest priority removal shall be given to trees meeting all four factors. The second
priority will be given to trees meeting three factors, etc.
4. If the city arborist has recommended denying the application, the applicant may
request the parks and recreation commission ... review the arborist's decision.
5. If the parks and recreation commission concurs with the city arborist's
recommendation to deny the application, the applicant may request the city council to
review the matter for final action.
City of Carlsbad Council Policy No. 4 -Streets/Street Trees (Attachment C) repeats or reinforces
many of the provisions of City of Carlsbad Municipal Code Chapter 11.12 -Trees and Shrubs.
From Nov. 18, 2020, through Aug. 3, 2021, Mr. Funk and Community Association Board
Member, Ms. Dee Hunt, have remained in contact with staff regarding these two street trees.
In response, staff has taken additional measures to mitigate the dropping of seed pods from the
trees' canopies, including drenching the trees' soil with a chemical solution intended to inhibit
formation of the seed pods, and substantially pruning the trees' canopies to further reduce the
quantity of seed pods present. Photos of the trees reflect the substantial degree of pruning,
most recently performed on July 27, 2021 (Attachment D). '
On July 21, 2021, staff sent a response letter directly to Mr. Funk (Attachment E), advising of
another inspection of the trees and the determination that their removal was not justifiable
under Sections 11.12.010 and 11.12.090 of the Carlsbad Municipal Code. The letter again notes
staff's contact number for answering questions and references the process for filing an appeal
of staff's determination regarding the trees to the Parks & Recreation Commission. On
July 30, 2021, Mr. Funk sent an email message to staff, indicating the recent pruning of the
trees' canopies was "a short term solution to a long term problem." He further indicated he
"will continue to fight for these to be removed via the petition as well as taking it to a higher
level if need be." Ms. Hunt also verbally advised staff that she, on behalf of the Alta Mira
Community Association Board, intends to pursue the removal of these trees directly with the
City Council.
Next steps
Staff will await the filing of appeals of its' determination on the trees to the Parks & Recreation
Commission. If appeals are filed, staff will docket an item for the Parks & Recreation
Commission's next meeting.
3
Council Memo -Information on Two City Street Trees at 6402 Camino Del Parque {District 3)
Aug.5,2021
Page 4
Attachments: A. Letter from Mr. Kruger requesting removal of trees, dated Sept. 25, 2020
B. Letter from staff to Mr. Kruger denying removal of trees, dated Oct. 1, 2020
C. City of Carlsbad Council Policy No. 4-Streets/Street Trees, dated Dec. 8, 2009
D. Photos of trees before and after substantial canopy pruning on July 27, 2021
E. Letter from staff to Mr. Funk denying removal of trees, dated July 21, 2021
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Tim Selke, Parks Services Manager
Allegra Frost, Deputy City Attorney
4
~WALTERS
m a n age m e nt
City of Carlsbad Parks & Recreation
Kyle Lancaster, Director
kyle.lancaster@carlsbadca.gov
To Whom it May Concern,
September 25, 2020
ATTACHMENT A
your community
our commitment
There are two large carrotwood trees owned by the City located behind 6402 Camino Del
Parque Carlsbad, CA 92008. The ownerof this home has presented concerns to the City of
Carlsbad on numerous occasions about the tripping hazard from debris dropping as well as
the choking hazard to their children and no action has been taken.
In 2019 Walters Management contacted the City of Carlsbad on behalf of the Association
and it was explained that the droppings were the inherent impact of the tree and that the
trees would not be removed.
As you may already be aware carrotwood trees are not appropriate trees for this area; not
only does it pose a choking hazard for their children, a tripping hazard for pedestrians, but
they also are very likely to cause damage to the concrete in this area.
Please consider this as a formal request to have the City remove the City trees to mitigate
the aforementioned issues. I encourage all parties to review the pictures and previous
communications attached to this letter to see the extent of the issue and visit the location in
person.
Thank you in advance for your anticipated cooperation and prompt attention to this matter of
mutual concern. If you have any questions please do not hesitate to contact Kyle Kruger at
Walters Management, kkruger@waltersmanagement.com.
Sincerely,
t~CMCA,AMS
Community Association Manager
CC: Scott Chadwick, City Manager scott.chadwick@carlsbadca .gov
City Attorney, attorney@carlsbadca.gov
City Council, council@carlsbadca.gov
3207 Grey Hawk Court I Suite 140 I Carlsbad, CA 92010 I T: [760] 431-2522 I F: [760] 431-2512 I waltersmanagement.com
SAN DIEGO CARLSBAD CHULA VISTA MURRIETA
October 1, 2020
Mr. Kyle Kruger
3207 Grey Hawk Court
Suite 140
Carlsbad, CA 92010
RE: City Street Tree Removal Request
Dear Mr. Kruger
ATTACHMENT B
{city of
Carlsbad
This letter is in response to your recent request for the removal of two city street trees within the public right of
way located at 6402 Camino Del Parque. According to your communications, you are requesting the city remove
these street trees due to tree debris creating a trip hazard and a choking hazard.
Please be advised that city staff has inspected the subject street trees, Cupaniopsis anacardioides (Carrot wood).
Although this species is not in conformance with the Carlsbad Community Forest Management Plan's approved
species list for new street tree plantings, these particular street trees are in the city's existing inventory for
maintenance and are well within their useful service life. At the time of inspection, they displayed good health and
condition, and had an approximate height of 25 feet. Their condition is consistent with other city-owned
Cupaniopsis anacardioides street trees.
Upon observing the above conditions, staff determined that the removal of these street trees is not justifiable under
the city's street tree ordinance. Specific to this determination, please refer to Sections 11.12.010. and 11.12.090 of
the Carlsbad Municipal Code, Chapter 11.12 -Trees and Shrubs. Should you have any questions regarding the
findings, please contact Trees Supervisor Morgan Rockdale, at (760) 434-2985. If after that contact you still wish
to pursue removing these street trees, you may appeal staffs determination to the Parks & Recreation Commission.
The administrative fees for filing appeals are: $120 for the Parks & Recreation Commission, and $152 for the City
Council. If the Commission or the Council decides in favor of the appellant, the respective fee will be refunded. The
Carlsbad Community Forest Management Plan is available on the city's website at
https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=39298, and the_Carlsbad Street Tree
Ordinance is available at, http://www.gcode.us/codes/carlsbad/ or you may request that the documents be mailed to
you by contacting Parks Maintenance Administration at (760) 434-2824.
I have attached a copy of the street tree evaluation forms completed by the city arborist for your reference.
Sincerely,
/4~
Tim Selke
· Parks Services Manager
cc: Morgan Rockdale, Parks/Trees Supervisor
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject:
Specific Subject:
STREETS
Street Trees
Policy No.
ATTACHMENT C
Page 1 of 4
Issued Date December '6 , 2009
Effective Date December ii , 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 all
qualified (valid) tree sites within the developed right-of-way of the City.
B. The City's Community Forest Management Plan shall set forth standards for
planting, removal, replacement, maintenance and the preservation of street trees.
The Plan will also target reforestation in areas of the City that do not have a healthy
tree population.
11. Tree Removal
A. The City will not remove any tree for the purpose of installation of a new sidewalk, or
for street widening, until viable alternatives to tree removal have been investigated.
Alternative to tree removal will be referred to the Parks and Recreation Director, or
his/her designee, to allow for such alternatives to be considered prior to the removal
of such a tree.
/J
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:
EXHIBITS
Page 3 of 4
1 . The location of the tree
2. The reason for the tree's removal
3. The date of the scheduled removal
4. The species of tree to be planted
5. The size of the tree to be replanted
6. The date by which an appeal must be made to the Parks and Recreation
Commission
7. A description of the appeal process
J. The City will not use a clear-cut tree replacement strategy for the management of
street trees. Where practicable, and when adequately planned, alternative tree sites
will be planted a minimum of five years prior to the removal of reforestation.
K. No Heritage Tree shall be removed except if it is determined by a City arborist that
such a tree is creating a hazard to life or property, or by formal appeals process.
Ill. 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 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 4of 4
IV. Tree Maintenance ·
Standards for tree maintenance shall be developed and incorporated into the City's
· Community Forest Management Plan, which shall be adopted by resolution of the
City Council.
V. Appeals
A. Any person may request a formal appeal to the Parks and Recreation Commission
within thirty (30) calendar days of the posting of a City Tree for:
1 . the location or species of any street tree selected by City staff for planting
at a specific location; and/or
2. a staff recommendation for the removal of any non-hazardous street tree.
B. Any person may request a formal appeal to the Parks and Recreation Commission
for:
1. the removal of a street tree which is not dead, dying or diseased; and/or
2. the removal of a street tree that is listed as a Heritage Tree; and/or
3. the removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities. ' .
C. If the Parks and Recreation Commission denies an appeal, the applicant may
request a final appeal to the City Council within ten (10) calendar days of the
Commission's decision.
D. Fees for an appeal shall be determined by resolution of the City Council.
E. Appeals will be made by submitting a Tree Appeal Form available from the office of
the City Clerk.
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July 21, 2021
Mr. Grady Funk
6402 Camino Del Parque
Carlsbad, CA 92010
RE: City Street Tree Removal Request
Dear Mr. Funk
ATTACHMENT E
('Cityof
Carlsbad
This letter is in response to your recent request for the removal of two city street trees within the public right of
way located at 6402 Camino Del Parque. According to your communications, you are requesting the city remove
these street trees due to tree debris creating a trip hazard and a choking hazard for your children.
Please be advised that city staff has inspected the subject street trees, Cupaniopsis anacardioides (Carrot wood).
Although this species is not in conformance with the Carlsbad Community Forest Management Plan's approved
species list for new street tree plantings, these pa1ticular street trees are in the city's existing inventory for
maintenance and is well within their useful service life. At the time of inspection, they displayed good health and
condition, and had an approximate height of 25 feet. Their condition is consistent with other city-owned
Cupaniopsis anacardioides streettrees.
Upon observing the above conditions, staff determined that the removal of these street trees is not justifiable under
the city's street tree ordinance. Specific to this determination, please refer to Sections 11 .12.010. and 11 .12.090 of
the Carlsbad Municipal Code, Chapter 11.12 -Trees and Shrubs. Should you have any questions regarding the
findings, please contact Trees Supervisor Morgan Rockdale, at (760) 434-2985. If after that contact you still wish
to pursue removing these street trees, you may appeal staff's determination to the Parks & Recreation Commission.
The administrative fees for filing appeals are: $120 for the Parks & Recreation Commission, and $152 for the City
Council. If the Commission or the Council decides in favor of the appellant, the respective fee will be refunded. The
Carlsbad Community Forest Management Plan is available on the city's website at
http://www.carlsbadca.gov/services/depts/parks/facilities/maintenance.asp, and the_Carlsbad Street Tree Ordinance is
available at, http://www.gcode.us/codes/carlsbad/ or you may request that the documents be mailed to you by contacting
Parks Maintenance Administration at (760) 434-2824.
Sincerely,
/4~
Tim Selke
Parks Services Manager
cc: Morgan Rockdale, Parks/Trees Supervisor
Parks & Recreation
Parks Maintenance I 1166 Carlsbad Village Drive Carlsbad, CA 92008-1907 I 760-434-2824 I 760-434-7185 f I www.carlsbadca.gov