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).