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Larkspur council upholds $56,335 tree penalty at 10 Walnut; authorizes lien if fines remain unpaid
Summary
Council upheld staff's finding that two heritage trees were removed without permit during construction at 10 Walnut Ave, affirmed a staff-retained arborist's valuation and the $56,335.20 penalty, and authorized a special assessment/lien if penalties are not paid by the deadline; council also authorized a lien for $9,930 in unpaid administrative construction citations.
Larkspur 9999Oct. 1, 2025 9999The Larkspur City Council voted Oct. 1 to uphold staff's determination that two heritage trees were removed without a permit during construction at 10 Walnut Avenue and to uphold the related penalty totaling $56,335.20. The council also authorized the city manager to file a special assessment or lien if penalties remain unpaid by the council's deadline.
Staff reported that the planning commission had approved a construction project in 2022 that included the removal of certain trees, but that during construction two additional heritage-size trees were removed and later discovered by staff. A city-retained arborist valued the two removed trees and staff calculated the enforcement penalty plus staff/arborist costs at $56,335.20. Staff recommended upholding the fines and requiring the owner to retain a 16-inch bay tree that had been proposed for removal as mitigation.
The property owner acknowledged the removals but argued the retaining wall and revised parking area were part of an approved project and that the trees interfered with construction of an approved retaining wall. During the hearing the owner said he accepted responsibility for not completing the permit step prior to removal and described substantial expense to build a new concrete retaining wall.
Council members examined the plan revision timeline and the planning and building record. Staff said the two heritage trees had been removed prior to a later revision that showed the new retaining wall, and the city does not have evidence that staff-authorized permits for those specific removals were in place at the time the trees were cut.
Council action: After deliberation the council voted to uphold the staff determination and the $56,335.20 penalty. The council also authorized the city manager to place a special assessment or lien on the property if fines remain unpaid (council set an administrative deadline and gave staff direction to pursue collection, including a lien if necessary). Separately, the council authorized filing a lien for unpaid administrative citations totaling $9,930 related to construction-management violations that an administrative hearing officer had affirmed (but reduced) and that remained unpaid; the council authorized collection if the amounts remain unpaid by Oct. 15, 2025.
Why it matters: The decision affirms the city's municipal-code enforcement tools for unauthorized removal of protected trees and for construction-management violations; it also demonstrates the council's reliance on a city-retained arborist's valuation when calculating penalties.
Provenance: Staff opened the Walnut appeal (item 7.2A) at the start of the public hearings (SEG 2408); the council's final vote to uphold staff's recommendation and authorize collection action concluded the hearing after deliberations (final motion: SEG 4230).
