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Larkspur panel approves removal of contested oak but requires survey, replacement tree
Summary
The commission approved a heritage-tree removal permit for a leaning oak at 20 Oak Grove Road, citing safety and utility-work needs, but imposed conditions: the applicant must provide a record of survey confirming the tree's location and plant a replacement tree. Vote: 3-0.
The Larkspur Planning Commission on July 14 approved a heritage-tree removal permit for an oak at 20 Oak Grove Road, but required the applicant to submit a record of survey confirming the tree's base and to plant a replacement tree as part of the approval.
Staff's report described the oak as a heritage-size tree (circumference reported at 75 inches) and noted an arborist's recommendation for removal because the tree's root zone overlapped a planned trench for a gas lateral. Because a neighbor filed a timely protest disputing the tree's location relative to the property line, staff recommended conditioning approval on the applicant providing a record of survey to resolve that boundary question.
The applicant (identified in public comments in the record as Mr. Grant) told the commission the request was driven by safety concerns around a legacy copper gas lateral installed in 1949 that had ruptured in 2023 and by the need to allow PG&E to trench and cap a temporary line so the owner could repair a heavily eroded driveway and other backlog projects. The applicant said the exposed gas line and slope erosion created an urgent safety and liability risk: "you can imagine the anxiety having an exposed 1949 copper gas line from 1949 sitting out in the sun," he said, explaining PG&E had classified the line as high risk.
Neighbors objected. Lehi Cox, who said their property is at 33 Oak Road, told the commission the oak is on the Cox property and submitted record-of-survey material and photographs to support that position: "The oak is on our property," Cox said. Commissioners and staff agreed the survey is the only reliable way to resolve the boundary dispute; staff's recommended condition number 5 requires a record of survey confirming the tree's location prior to final approval.
After public comment and deliberation, a motion to approve project HTR26-006 passed 3-0 with conditions requiring the record-of-survey and a replacement (heritage) tree to be planted in a suitable location per the arborist's guidance. The commission's action leaves open the neighbor dispute over the base location until the survey is completed; if the survey shows the tree is off the applicant's property, removal cannot proceed under the condition.
