- Target:
- Keys COA
- Region:
- United States of America
Summary regarding Tree Removal:
Per Walnut Creek City Code: "The application shall contain the precise number, species, size and location of the tree or trees to be cut down, destroyed or removed" and "the applicant shall deliver a written notice by mail or personal delivery to all association members who own property within three hundred (300) feet of any tree to be removed." and "an applicant shall certify in its application that it has provided the requisite notice".
Application for Permit explicitly says that all of the above should be included with application.
Nevertheless, according to documents that have been provided to by the Keys COA Management:
1. There is no at all application on file for trees #311, 312 and 315. The application that has been provided to me is for different trees (#325, 326 and 327).
2. No diagram and no precise location specified as required.
3. Notice was not delivered to owners (not residents) within 300 feet as required by Application and by Walnut Creek City Code.
4. No proof of notice / certification was provided with Application for Permit as required by Walnut Creek City Code.
5. (A). Notice which was placed on the doors says "trees that are unsafe or are in diseased condition will be removed".
(B). David Ragland's message in Keys Notes from March 2013 on Page 4 says "tree removal plan is based on presence of disease and possible danger of falling."
(C). I asked City Arborist why he has not checked boxes "Diseased", "Dead/dying" and "Danger of falling". City Arborist replied to me "I did not check other boxes because they did not apply." So according to City Arborist these trees are not diseased, not dead/dying, not in danger of falling.
6. City Arborist's conclusion is different from what Arborist hired by Keys COA mentioned. City Arborist's conclusion is:
(A). red turpentine beetle rarely kills trees
(B). we should not have to remove these trees now if it is red turpentine beetle
Based on the above facts: lack of the documentation or wrong documentation, violation of procedure, conflicting conclusions of arborists, the Tree Removal project should be stopped.
We strongly recommend:
1. Freeze tree removals immediately and indefinitely until further investigation.
2. Conduct complete review of all tree removal documentation for every tree that either has been removed in the last 5 years or planned for removal. Each review should include the following documents:
2.1. Tree Removal Application (the Application which should have been submitted by the Keys COA to City Arborist).
2.2. Diagram which shows tree numbers and precise location of the trees should be attached with application;
2.3. Proof of written notice delivered to owners within 300 feet;
2.4. Document from Arborist hired by the Keys COA which explains reasons why tree(s) are proposed for removal;
2.5. Tree Removal Permit (issued by City Arborist to the Keys COA). The Permit should reference specific Application for Permit in order to identify for what tree number(s) the permit has been issued.
3. The Keys COA Board, Management and interested owners should review this documentation and make conclusions. The items to pay attention too should include, but not limited to:
3.1. Were all documents (Application, diagram, tree numbers, etc.) filled in per Application and City Code requirements?
3.2. Were owners notified within 300 feet?
3.3. Did Keys COA certify in Application for Permit that it has provided notice to owners?
3.4. Were recommendations made by Arborist hired by the Keys COA and by City Arborist based on the same conclusions?
3.5. Were replanting recommendations on Permit issued by City Arborist complete as recommended or required?
4. Document
4.1. every lack of documentation;
4.2. every misconduct in application procedure;
4.3. every difference between conclusions made by 2 Arborists;
4.4 every time replanting recommendations on Permit issued by City Arborist were not met.
5. Publish the updates on investigation and final results of investigation in the Keys Notes.
6. Board to discuss the next steps which should include:
6.1. correct all mistakes, i.e. plant trees immediately in place were there is no correct documentation on file for removal.
6.2. recommend changes to future procedure.
You can further help this campaign by sponsoring it
The Stop Tree Removal Projects in Walnut Creek City petition to Keys COA was written by Seva and is in the category Miscellaneous at GoPetition.