HomeMy WebLinkAbout2022-07-21; City Street Trees Within the La Costa Greens Development (District 3); Barberio, GaryTo the members of the:
CITY COUNCIL
Date 1/:2.1 /72,S:.A ✓ cc __1C
CM ~ ACM ✓ DCM (3) ~
July 21, 2022
Council Memorandum
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Kyle Lancaster, Parks & Recreation Direc2?,5
Geoff Patnoe, Assistant City Manager ~
{city of
Carlsbad
Memo ID #2022087
Re: City Street Trees Within the La Costa Greens Development (District 3)
This memorandum provides information on recent contacts from several homeowners in the La
Costa Greens development related to city street trees on Marcasite Place and on Cobalt Drive.
Background
On Nov. 23, 2010, the city's Planning Division approved the landscape plans for the La Costa
Greens development. The landscape plans included 60 Tipuana street trees to be planted on
Marcasite Place and on Cobalt Drive. Tipuana trees are deciduous to semi-evergreen, have a
rapid growth rate to 25 feet in height and can reach a maximum of 50 feet in height. The width of
the canopy of Tipuana trees can reach between 30 and 40 feet.
The street trees on Marcasite Place and on Cobalt Drive are owned ~Y the City of Carlsbad and
are in the city's street tree inventory. However, the trees are privately maintained by the La
Costa Greens Community Association (Association), under a Street Tree Maintenance Agreement
with the City of Carlsbad. The tree maintenance services are to be performed by the Association,
according to city standards and schedules, in lieu of the homeowners being assessed through
Lighting and Landscape District No. 2 and the city performing the tree maintenance services. The
provisions of Carlsbad Municipal Code (CMC) Chapter 11.12 -Trees and Shrubs, and City Council
Policy No. 4 -Street Trees, remain in effect. Specific to the recent contacts from residents of the
La Costa Greens housing development, the sections of CMC Chapter 11.12 and City Council Policy
No. 4 pertaining to the removal of street trees are applicable (Attachment A).
Discussion
In early fall of 2021, two Tipuana street trees on Cobalt Drive were removed by the Association's
contractor without permission from the city. According to the La Costa Greens Homeowners
Association, the two street trees were removed by its tree contractor in error. The Association
agreed to plant four new street trees in the vicinity of the original street trees.
On Oct. 18, 2021, the Association Manager contacted Parks & Recreation staff, expressing a
general interest in removing additional street trees, on Marcasite Place and on Cobalt Drive.
Staff reminded the Association Manager that the street trees were city property, and advised:
Community Services Branch
Parks & Recreation Department
799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 442-339-2826 t
Council Memo -City Street Trees within the La Costa Greens Development (District 3)
July 21, 2022
Page 2
• These street trees were to be maintained by the Association under a Street Tree
Maintenance Agreement with the city.
• The tree maintenance services were to be by performed by the Association, according to
city standards and schedules, in lieu of the homeowners being assessed.
• Requests to remove these street trees could be submitted by the Association, then
reviewed by staff for compliance with the removal criteria -on a case by case basis.
• The criteria for removal of city street trees was detailed in CMC Chapter 11.12/City
Council Policy No. 4, and some of street trees within the Association may qualify.
• Staff would provide a written determination for each removal request received.
• For any street trees authorized for removal, replacement street tree(s) must be planted,
from the approved species list, within 45 days of the removal date.
On Nov. 1, 2021, after a site walk with staff, the Association Manager sent a letter to the
Association homeowners regarding the subject street trees (Attachment B), indicating:
"An on-site evaluation was conducted by members of the Board, the HOA's consulting Arborist
Tree Life Consulting, as well as representatives of the city. We noticed that there are a few areas
where the trees may be causing damage to the sidewalk and the street. However, it was decided
that the damage was not overwhelming, and we agreed to hold off on pursuing the removals for
the time being."
Since that date, several homeowners in the La Costa Greens development have requested that
the city consider the removal of street trees in front of or adjacent to their homes, both on
Marcasite Place and on Cobalt Drive. Some of the reasons provided for the removal requests
included damage to the sidewalks, curbs and gutters, and damage to the underground utilities.
Each of these requests was reviewed, or is in the process of being reviewed, on a case-by-case
basis for compliance with the removal criteria. Some of the requests have been approved as
they comply with sufficient criteria to warrant removal of the street trees, and other requests
have been denied, as they did not comply with sufficient criteria to warrant removal of the street
trees. Similarly, although staff has received several homeowner requests to consider the
removal of street trees, staff has also received several neighborhood requests to preserve and
protect the street trees.
To date, staff has determined that five additional street trees complied with sufficient criteria to
warrant removal -one at 1998 Marcasite Place (Nov. 23, 2021), one at 1956 Cobalt Drive
(Feb. 15, 2022), two at 1960 Marcasite Place (April 26, 2022), and one at 1959 Marcasite Place
(July 19, 2022)-and were approved for removal. A neighbor attempted to appeal the city's
decision to remove these trees to the Parks & Recreation Commission, but their appeal was filed
late, beyond the allowable 30-day appeal period. At least four other homeowner requests to ·
consider the removal of street trees on these streets have been, or are in the process of being,
denied.
Council Memo -City Street Trees within the La Costa Greens Development (District 3)
July 21, 2022
Page 3
Next Steps
Staff will continue to consider, on a case-by-case basis, requests from La Costa Greens
homeowners for the removal of street trees. Staff will continue to evaluate each case against
the city's adopted standards {CMC Chapter 11.12 and City Council Policy No. 4) and provide a
written determination for each removal request received.
Attachment: A. Applicable Sections of CMC Chapter 11.12 and City Council Policy No. 4
B. Letter from La Costa Greens Community Association Manager
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
Paz Gomez, Deputy City Manager, Public Works
Tom Frank, Transportation Director/City Engineer
Allegra Frost, Deputy City Manager
Todd Reese, Parks Services Manager
Ariel de la Paz, Parks Superintendent
Morgan Rockdale, Parks/Trees Supervisor
ATTACHMENT A
CMC Chapter 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.
· 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 either of the following
circumstances:
a. The tree is a hazard to life or property, and removing it is the only feasible way to
eliminate the hazard;
b. The tree is dead, dying, diseased or damaged beyond reclamation.
3. If the city arborist does not find either of the above circumstances for removing a tree,
a priority rating depending on the following factors can be considered for a tree removal.
a. Service life:
b. Damage to utilities and/or sewer lines;
c. Damage to hardscape;
d. Conformity of the existing tree to recommended species list.
The highest priority removal shall be given to trees meeting all four factors. The second
priority will be given to trees meeting three factors, etc.
City Council Policy No. 4
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.
II. 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.
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 with the existing tree to recommended species list
- • I
November 1, 2021
On behalf of La Costa Greens Board of Directors
RE: Tipuana Tree Concerns
Dear La Costa Greens Homeowner:
I '
ATTACHMENT B
LACOSTA
GREENS
The Board would like to thank all those interested and concerned owners who reached out regarding the proposed
removal of the parkway trees on Marcasite and Cobalt. Since the date of the last meeting, the Board has spent a
considerable amount of time reviewing the input received and speaking with various advisors and experts, on the
matter.
During this investigation, it was discovered that the parkway areas along with sidewalks belong to the City of
Carlsbad, however, the HOA has an exclusive maintenance agreement over that area. This means that while the
City owns the property (copy of the municipal code is attache9); the HOA is responsible for the care and
maintenance of the improvements (trees and landscaping) within these areas. Therefore, the City of Carlsbad
u[timately has the final say on whether the trees are damaging their property to the point of removal, si'nce
according to the city staff these types of trees "get really big and have invasive roots✓':
An onsite evaluation was conducted by members of the Board, the HOA's Consulting Arborist Tree Life Consulting
(copy of their report is attached), as well as representatives of the City. We noticed that there are a few areas
where the trees may be causing damage to the sidewalk and the street. However, it was decided that the damage
was not overwhelming and we agreed to hoJd off on pursuing the removals for the time being.
It should be noted that while the HOA can pause their request to remove the trees with the City, if the City deems
the trees to be an ongoing nuisance due to increased liability from lifted sidewalks, damaged streets and utilities,
or increased claims for property damage, they may require the trees to be removed. Owners with concerns
regarding the trees and potential damage to sidewalks, streets, or property will be directed to the City Public
Works department to file a complaint and/or reimbursement claim as the HOA cannot justify to the other 95.4%
of La Costa Greens residents the cost of repairs~ lawsuits and maintenance of the damaged properties. For
perspective, due to ongoing issues related to trees, a nearby Association has paig hundreds of thousands of dollars
in repair costs and their insurance fees went from $40k to above $11Dk annually1 due to several high dollar claims.
Therefore, it is strongly encouraged that owners contact the City as soon as any damage to the sidewalks,
watermains, landscaping and driveways or other property, is noted and have th~_m repair or reimburse you
directly.
3]07 Grey Haw!. Cow1
Sui1e 1-111
Cw·l.l-bad. C:4 920/()
T 760--131-2522
I
I '
ATTACHMENT B "·
LACOSTA
-GREENS
The two trees on Cobalt which were removed by tree company in error, will be replaced with new Tipuana trees.
The Association will also schedule its annual maintenance of the trees in the near future.
If you have any further questions, please contact us in writing at the address noted below or via e-mail at
rmcdonald@waltersmanagement.com.
Sincerely,
For the Board of Directors
Rebecca McDonald, CCAM-LS, PCAM
Community Manager
La Costa Greens Community Association
J:>6, (ire_,. Hm rk ( ·oun
Suile l-10
Cm·l<bad. Cl 910Jn
T 760--131-2512