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Commission retrospectively approves removal of historic live oak, requires two replacement trees
Summary
City staff recommended approval of a historic‑tree removal application after a 37‑inch live oak was taken down prior to commission review; the arborist explained a scheduling error. The commission approved the removal and required two replacement trees on site within 60 days.
During the Aug. 13 meeting the commission reviewed a historic‑tree removal application for a 37‑inch diameter‑at‑breast‑height live oak at 1970 Turnbull Lakes Drive. Compliance Coordinator Channing Mallow told the commission an ISA certified arborist's level‑2 tree risk assessment noted lightning damage and root grinding that made failure "somewhat likely" under normal weather and placed the tree in a moderate‑risk category.
Mallow explained that because the property is a multifamily quadplex the owner was not eligible for the single‑family exemption and the removal required a commission permit. However staff found the tree had already been removed (staff visited the site on July 7), apparently because of a scheduling error by the tree contractor.
Brad Alper, the arborist who prepared the report, told the commission his company did not intend to violate rules and described a chain‑of‑communication error between his scheduler and the city's permitting process.
Commission action: After discussion and questions about enforcement and penalties for contractors who perform unpermitted work, the commission approved the historic‑tree removal application and stipulated the property owner must replace the tree with two trees (per the code ratio) within 60 days. The compliance coordinator confirmed residential properties must replace trees on site rather than paying into the mitigation fund.
Follow up: Commissioners asked staff to review enforcement tools and options for stronger penalties against contractors who repeatedly cut protected trees without permits and to consider changes to education and enforcement efforts for tree contractors.
