1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
RESOLUTION NO. 2025-R____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA DENYING THE APPEAL AND AFFIRMING THE PUBLIC WORKS DIRECTOR’S DECISION TO REMOVE A PARKWAY TREE ADJACENT TO 4420 KEYSTONE AVENUE.
WHEREAS, on September 17, 2024 the property owner at 4420 Keystone Avenue (the “Applicant”) filed a Request for Parkway Tree Removal (“Request”) for removal of a Schinus Terebinthifolius (Brazilian Pepper) tree in the parkway adjacent to their property (Exhibit A:
Tree Removal Request).
WHEREAS, Culver City Municipal Code (“CCMC”) section 9.08.200 et seq. sets forth the City’s rules and procedures for the removal of City -owned street trees, including the parkway tree that is the subject of this appeal and resolution.
WHEREAS, under CCMC section 9.08.210, in determining whether any tree in the parkway shall be removed or replaced, the Public Works Director determines whether the removal or replacement is in the best interest of the City and the public health, safety and welfare. Such determination is based on the criteria set forth in either CCMC section
9.08.210.C.1 or CCMC section 9.09.210.C.2.
WHEREAS, CCMC section 9.08.210.C.1 allows removal if one of the following criteria are met:
a. The tree is dead, dying, or weakened by disease, age, storm, fire or other injuries so as to pose an existing or potential danger to persons, properties, improvements, or other trees; or
b. The removal is necessary for construction of a street improvement project or other public improvement/repair work; or
c. The removal is necessary for a private improvement or development project.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
WHEREAS, CCMC section 9.08.210 .D, E, and F provide with respect to removal of parkway trees, and with respect to appeals of tree removal decisions by the Public Works Director:
D. If a Parkway tree is approved for removal, following review of the criteria listed in Subsection 9.08.210.C, such removal shall be accommodated subject to availability of City resources and funds. In the event that the applicant desires the approved removal occur prior to when it can be accommodated by the Public Works Director, the applicant shall be given the option of paying for the removal, in which case the tree will be removed at the first opportunity upon receipt of payment.
E. The decision of the Public Works Director is final, unless appealed by the applicant, a member of the City Council or an interested person. Appeals shall be submitted in writing and filed with the City Clerk within 10 days after the decision date identified in the notice of decision. The notice of decision shall be prepared by the Public Works Director and sent to the applicant and all interested persons with a copy provided to the City Council. The number of days shall be construed as City Hall business days. Time limits will extend to the following City Hall business day, where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. An appeal shall include a general statement, specifying the basis for the appeal, shall be based on an error in fact or dispute of the findings of the decision, and must be accompanied by supporting evidence substantiating the basis for the appeal.
Appeals shall be accompanied by a filing fee established by resolution of the City Council.
F. Appeals shall be heard by the City Council, which shall affirm the decision of the Public Works Director, unless the appellant demonstrates, by substantial
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
evidence, that the decision is based on an error in fact or disputed findings. The decision of the City Council on an appeal shall be final.
WHEREAS, in the Request the Applicant asserted that the trees should be removed pursuant to CCMC section 9.08.210.C.2 subsections a and c and asserted that “the roots are pushing up the sidewalk, sidewalk cracking”.
WHEREAS, in response to the Request, the City Arborist assessed the tree at the site and the Tree Hazard Evaluation assessment recommended removal of the tree based upon its illegal and improper trimming that resulted in its crown becoming unbalanced. The assessment determined that the unevenness of the crown’s weight may cause the tree to topple during a windstorm or rainstorm. The assessment determined that the improper trimming was so severe that further pruning of the crown to balance its weight is not feasible as doing so would leave so little of the tree that it would likely die soon afterward.
WHEREAS, based on the City Arborist’s assessment, the Public Works Director approved the Applicant’s request to remove the tree based on CCMC Section C.1. a, finding that “[t]he tree is dead, dying, or weakened by disease, age, storm, fire or other injuries so as to pose an existing or potential danger to persons, properties, improvements or other trees”.
WHEREAS, on December 2, 2024, the Director’s decision was mailed to the Applicant and interested persons, including neighbors. CCMC section 9.08.210.E allows a formal appeal of the Public Works Director’s decision to be filed within 10 business days after the date set forth in the notice of decision.
WHEREAS, on December 10, 2024, the City received timely letters of appeal (“Appeal”) from four neighbors (collectively the “Appellants”) citing the tree’s environmental, aesthetic, historical, and community well-being attributes (Exhibit B: Tree Removal Appeal.) WHEREAS, on March 5, 2025, the Public Works Director sent a letter to the Appellants explaining the rationale for approving the tree removal and providing images of the 36” box Spathodea Campanulata (African Tulip) replacement tree. The letter also invited the Appellants to confirm their appeal by April 28th, 2025 and one of four proceeded to do so.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
WHEREAS, on May 27, 2025 , the City Council conducted a Public Hearing of the Appeal.
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE, as follows:
SECTION 1. The City Council finds that foregoing recitals are true and correct and orders that they be , and hereby are, adopted and incorporated herein by this reference as a substantive part of this Resolution.
SECTION 2. Pursuant to CCMC section 9.08.210. F, the City Council finds that the Appellant has not demonstrated, by substantial evidence, that the decision of the Public Works Director was based on an error in fact and disputed findings. Specifically, the City Council finds based on the evidence in the record, that tree is dead, dying, or weakened by disease, age, storm, fire or other injuries so as to pose an existing or potential danger to persons, properties, improvements, or other trees.
SECTION 3. The City Council finds that substantial evidence for its decision and findings herein are found in the materials and comments presented at and in connection with the public hearings on May 27, 2025, including without limitation the staff reports and related attachments, neighbors’ and residents’ written submittals and oral comments, staff oral presentations and comments, and City Council members’ questions, comments and deliberations.
///
///
///
///
///
///
///
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
SECTION 4. Based on the foregoing, t he City Council hereby denies the Appeal and affirms the Public Works Director’s decision to remove the tree based on CCMC section C.1.a.
APPROVED and ADOPTED this 27th day of May, 2025
__________________________________
DAN O’BRIEN, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney