Commission orders developer to pay $33,647 and require tree mitigation after unpermitted root cutting at Mission Street site

The Forest and Beach Commission voted on June 11, 2026, to conditionally release a stop‑work order for the Mission Street construction site only after the developer meets specified remediation and fee requirements. Staff recommended and the commission approved a total financial requirement of $33,647, comprised of a $651 investigation fee, a doubled permit fee of $1,396, and $31,600 calculated as the depreciated landscape value of damaged trees.

Justin (staff) told the commission that a May 11 stop‑work order followed field inspections in March and April that found roots cut within three to four feet of a protected cedar and other nearby trees; some root cuts measured up to four inches and the commission heard that one oak on the development site was now dead. Staff recommended removing the damaged cedar and requiring the property owner to cover removal, replanting and any associated costs.

Neighbor Jerome Pollitzer testified he and independent arborists observed severe root cutting and perimeter clearcutting along the property line, which he said made several trees dangerous and unsalvageable. "He clearcut the entire perimeter...I don't know any tree that could survive that," Pollitzer said, asking the commission to hold the developer accountable and require restoration and replacement at the developer's expense.

Public commenters supported stronger deterrents and clearer tree‑valuation guidance. Staff explained that valuations were calculated using the Guide for Plant Appraisal and regional species tables; the appraisal yields a landscape reproduction value used to set mitigation fees, not a simple replant cost. Staff acknowledged some figures in the report were prepared by staff in the absence of consultant materials but said the methodology followed accepted appraisal guides.

Commissioners debated remedies including requiring the developer to plant three replacement trees on the development parcel and up to three trees on the neighbor’s property (the neighbor would choose the number and placement up to that ceiling), conditioning the permit to require qualified contractors for removal, and leaving the stop‑work order in place for up to 90 days pending compliance. They also emphasized making enforcement defensible in the event of appeal.

A motion capturing those elements passed unanimously 5‑0. The commission recorded the roll call as: Commissioner Berling — yes; Commissioner Bzowski — yes; Commissioner Ross — yes; Commissioner Ruda — yes; Chair Mickey — yes. The motion directs staff to prepare permit conditions (including replanting/mitigation, timeline and contractor qualifications) and to release the stop‑work order only after the developer meets financial and mitigation obligations.

The commission also asked staff to continue work on broader policy updates, including refining tree valuation and penalty frameworks to deter future unpermitted removal or damage.