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Council reduces penalty after appeal over removed heritage tree at 33 Hillrest Ave.
Summary
After public testimony and council debate over the tree's condition and the homeowner's mitigation plantings, Larkspur council set a reduced penalty of $3,200 for the unauthorized removal of a heritage tree and declined to require the staff-recommended replacement 24-inch oak on-site.
Larkspur 9999Oct. 1, 2025 9999The Larkspur City Council on Oct. 1 imposed a reduced penalty of $3,200 after hearing an appeal by the owner of 33 Hillrest Avenue who removed a heritage tree without a permit.
Staff had recommended upholding the municipal-code penalty, which included an arborist's appraisal of the removed tree at $3,200 plus staff and consultant costs that brought the city's total to about $7,231.0. An arborist retained by the city had used trunk circumference and condition factors to estimate the tree's value and recommended on-site replacement of a 24-inch box valley oak.
The property owner, Brennan Demro, told the council he and his landscape team had planted roughly 16–20 new trees on the property and that the large bay tree in question had extensive ivy and earlier damage, suggesting it was in decline. "I was not astute to the tree kind of situation," Demro told the council, saying he did not obtain a pre-removal arborist report or a permit because he believed the tree was dying and was interfering with newly planted trees.
Council members balanced the city's interest in preserving canopy trees against the appellant's statements that the tree was damaged and his planting of many new trees on the lot. One council member said the case differed from other removal hearings because the owner showed evidence of mitigation planting and an apparent lack of bad intent. The council ultimately voted to assess a $3,200 penalty tied to the tree value and to forgo the larger staff-recommended total penalty and a mandated replacement 24-inch oak on-site.
What the council ordered: The council's majority motion set the penalty at $3,200 for the illegal removal, declined to require an additional 24-inch replacement oak to be planted on the property, and authorized staff to collect the amount by administrative means (including later civil collection procedures if necessary).
Why it matters: Larkspur's heritage-tree rules are designed to protect mature canopy trees and dissuade unpermitted removal; the council's decision in this case weighed enforcement of the code against the homeowner's mitigation steps and the demonstrated condition of the removed tree.
Provenance: Staff opened the hearing on the appeal at the start of the public hearings (item introduction: SEG 1080). The council deliberated and announced the decision to set a $3,200 penalty later in the meeting (final motion and vote: SEG 2384).
