Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

March  2, 2021
PUBLIC HEARINGS

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Sara Davis, City Forester
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:

Consideration of an Appeal of the Forest and Beach Commission decision regarding fee assessment and mitigation for unauthorized tree removals at the northwest corner of Junipero Street and Thirteenth Avenue

 
RECOMMENDATION:

Uphold the decision of the Forest and Beach Commission, and require payment of the appraised value of two of the three Pittosporum trees removed without a permit, of $4,700, to be deposited in the City's Reforestation Fund. Also, require the owner to reimburse the City for the cost of the Arborist Report in the amount of $1,103.40.

 

In addition, require mitigation including replanting of at least three trees on the property, and submittal of a tree management plan and a landscaping plan, subject to approval of the City Forester.

BACKGROUND/SUMMARY:

On November 10, 2020, the City Building Official visited the Northwest Corner of Junipero Street and Thirteenth Avenue to perform a routine inspection of interior renovations for a building permit.  During the inspection, it was discovered that three trees had been cut down. (See map and photos in Attachment #1.) Two individuals were observed digging out the stumps by hand, and there was a chainsaw nearby. Both workers were unable to identify a licensed tree care company that they were employed by. 

 

The owner of the property, Dr. Vivian Price, was on site and expressed that they were new to Carmel-by-the Sea and unaware that a permit was required for removal of trees. A Stop Work Order was issued by the Building Official for violation of Municipal Code Section 12.28.172 along with other building-related violations.

 

Municipal Code Section 12.28.172 states:

 

"B. Except upon issuance of a permit as provided for in this chapter, it is unlawful to cut down, remove or otherwise destroy, or to authorize the cutting down, removal or destruction, of any species of tree capable of growing to a minimum of 25 feet in height growing on private property and having:

 

1.  A diameter equal to or greater than 10 inches; or

2.  A circumference greater than 32 inches."

The tree stumps are believed to be Pittosporum undulatum. This tree has mature heights of 30 to 40 feet. Two of the stumps measured 12 inches in diameter, and one measured nine inches at the base. With the trees removed, a measurement at the required height of 4.5 feet above grade was unable to be made. 

 

Based on the information available, the City's third party consulting arborist, West Coast Arborists, calculated the appraised value for the three trees totalling $6,300. Their report is included as Attachment #2.

 

A Public Hearing regarding this issue was held at the Forest and Beach Commission meeting on January 14, 2021. Attachment #3 is the staff report to the Commission, and Attachment #4 is the minutes of that meeting (see Item 3). The Commission ruled that the applicant should pay the appraised value of two of the three trees removed at a combined appraised cost of $4,700. One of the three removed trees was not considered for payment because it was slightly below the size criteria for significant trees. The Commission also ruled that the owner reimburse the City for the actual cost of the appraisal, which was $1,103.40.

 

In addition, the Forest and Beach Commission requested additional, appropriate mitigation as follows:

 

A) Replanting of three (or more) trees on the property.

 

B) Submit a Tree Management Plan, prepared at the owner's expense, which would set forth details of caring for the remaining and future trees to include irrigation, pest management, and pruning regimes, and subject to approval by the City Forester.

 

C) Submit a landscaping plan, including trees and other landscaping, adhering to the City's landscaping guidelines and subject to approval by the City Forester.

 

Dr. Price submitted a letter dated February 8, 2021 (Attachment #5)

FISCAL IMPACT:

If the City Council upholds the ruling by the Forest and Beach Commission, the property owner will be required to submit a payment of $4,700 for the value of two of the three trees removed without a permit, and reimburse the City for the actual cost of the appraisal report prepared by West Coast Arborists in the amount of $1,103.40. These funds will be deposited in the Reforestation Account.

The property owner paid the fee of $1,375 to appeal the Forest and Beach Commission's decision to the City Council.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment 1-Map and Photos
Attachment #2 - Appraisal from West Coast Arborists, dated December 4, 2020
Attachment #2 - Staff Report for Forest and Beach Commission January 14, 2021
Attachment #4 - Minutes of Forest and Beach Commission Meeting January 14, 2021
Attachment #5 - Price Letter February 8, 2021