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CC - PUBLIC HEARING: (1) Consideration of an Appeal of the Public Works Director’s Decision to Approve a Request for Removal of a Tree Located in the Parkway Adjacent to 4420 Keystone Avenue; and (2A) Denial of the Appeal and Adoption of a Resolution Affirming the Public Works Director’s Decision; or (2B) Granting of the Appeal and Direction to Staff to Prepare a Resolution Memorializing the Decision, with Findings, to be Adopted at a Subsequent City Council Meeting; or (2C) Other Direction to the City Manager as Deemed Appropriate.
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Meeting Date: May 27, 2025
Contact/Dept.: Gary Wansley, Public Works Maintenance Operations
Phone Number: 310-253-6444
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [X] No [ ]
Attachments: Yes [X] No [ ]
Public Notification: E-Mail: Meetings and Agendas - City Council (05/22/2025); Email: the Applicant, the Appellant (04/28/2025); Hand Delivered: All residents within 100’ of the disputed tree 05/12/2025).
Dept Approval: Yanni Demitri, Public Works Director/City Engineer (05/5/2025)
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RECOMMENDATION
Staff recommends the City Council consider the appeal of the Public Works Director’s decision to approve a request to remove the parkway tree located at 4420 Keystone Avenue and either:
1A. Deny the appeal and affirm the decision of the Public Works Director to approve the Applicant’s request for removal of the tree and adopt a Resolution adopting findings that substantial evidence supports the Public Works Director’s decision and appellant has not demonstrated, by substantial evidence, that the Public Works Director’s decision is based on an error in fact or disputed findings; or
1B. Grant the appeal and overturn the decision of the Public Works Director, thereby denying the Applicant’s request to remove the tree, and direct staff to prepare a Resolution with findings memorializing the City Council’s decision to be adopted at a subsequent Council meeting; or
2. Provide other direction to the City Manager as deemed appropriate.
PROCEDURE
1. Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired.
2. Mayor seeks a motion to open the public hearing, providing the appellant the first opportunity to speak, followed by the applicant, followed by the general public. (Rebuttal comments from the appellant and applicant may be permitted in the Mayor’s discretion.)
3. Mayor seeks a motion to close the public hearing after all testimony has been presented.
4. The City Council discusses the matter and arrives at its decision.
BACKGROUND
Culver City Municipal Code (CCMC) sections 9.08.200, et seq., pertain to the removal of City-owned trees in parkways. In accordance with Section 9.08.210.B, applicants have the option to request the discretionary removal of a City-owned parkway tree by submitting a written application to the Public Works Director and paying the applicable filing fee. Subsequent to the filing of the request for tree removal, the City Arborist assesses the request and the tree.
In accordance with the procedures set forth in CCMC section 9.08.210.C, the Public Works Director then reviews the application and supporting documentation, as well as the City Arborist’s assessment, to determine whether to approve the requested removal of the particular tree(s). 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 Subsection C.1 or Subsection C.2 as follows:
CCMC section 9.08.210.C.1: If any one of the following criteria is 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.
CCMC section 9.08.210.C.2: If two or more other criteria are met:
a. The tree is a known species or is otherwise found to be an undesirable species for its location based on tree size relative to available area for tree growth.
b. The tree roots are creating extensive and repeated damage to public and/or private infrastructure, including sidewalks, sewer lines, or other utility lines. A history of sewer line blockages from tree roots does not alone provide sufficient reason for tree removal, but rather suggests the need for sewer repair to stop leaks and the accompanying root intrusion that occurs.
c. The tree is creating a public or private nuisance.
DISCUSSION
Application to Remove Tree
On September 17, 2024, the property owner of 4420 Keystone Avenue (the “Applicant”) submitted a request to remove a Schinus Terebinthifolius (Brazilian Pepper) tree in the parkway adjacent to their property. The request appears to state that the subject tree should be removed under CCMC sections 9.08.210.C.2.a and 9.08.210.C.2.c based on the Applicant’s assertion that “roots are pushing up the sidewalk, sidewalk cracking”: (See Attachment 1: Tree Removal Request).
On October 29, 2024, the City Arborist assessed the tree at the site and their Tree Hazard Evaluation assessment recommended removal of the tree based upon its illegal and improper trimming that resulted in its crown becoming unbalanced. The unevenness of the crown’s weight may cause the tree to topple during a windstorm or rainstorm. Unfortunately, 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. (see Attachment 2: Tree Hazard Evaluation).
As a result of 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 as follows: “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”. On December 2, 2024, the Applicant and their neighbors were notified of the Public Works Director’s decision to approve the tree’s removal.
Appeal of Public Works Director’s Decision
CCMC Section 9.08.210.E states that an appeal of the Public Works Director’s decision must be filed within 10 City Hall business days after the date set forth in the notice of decision. On December 10, 2024, the City received timely letters of appeal from four neighbors (collectively the “Appellants”) citing the tree’s environmental, aesthetic, historical, and community well-being attributes (see Attachment 3: Tree Removal Appeal).
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 (see Attachment 4: Tree Removal Explanation). The letter also invited the Appellants to confirm their appeal by April 28th, 2025 and one of four proceeded to do so.
Consideration of that Appeal is the decision before the City Council at the May 27th, 2025 Public Hearing.
CCMC Section 9.08.210.F provides that the City Council shall affirm the Public Works Director’s decision “unless the appellant demonstrates, by substantial evidence, that the decision is based on an error in fact or disputed findings.”
FISCAL ANALYSIS
The Adopted Budget for Fiscal Year 2024-2025 includes sufficient funding to cover the City’s cost to remove and replace the tree in Account No.10160220.619800 (Tree Maintenance - Other Contractual Services) which can be found in the Public Works section of the budget book on page 418.
ATTACHMENTS
• 2025-05-27-ATT-CC-1-Tree Removal Request
• 2025-05-27-ATT -CC-2-Tree Hazard Assessment
• 2025-05-27-ATT -CC-3-Tree Removal Appeal
• 2025-05-27-ATT -CC-4-Tree Removal Explanation
• 2025-05-27-ATT -CC-5-Resolution Denying Appeal
MOTIONS
That the City Council:
1A. Deny the appeal and affirm the decision of the Public Works Director to approve the Applicant’s request to remove of the Brazilian Pepper tree at 4420 Keystone Avenue and replace it with an African Tulip tree, and adopt a Resolution adopting findings that substantial evidence supports the decision and appellant has not demonstrated, by substantial evidence, that the Public Works Director’s decision is based on an error in fact or disputed findings; or
1B. Grant the appeal and overturn the decision of the Public Works Director, thereby denying the Applicant’s request for removal of the Brazilian Pepper tree located at 4420 Keystone Avenue, citing that the Appellant demonstrated, by substantial evidence, that the Public Works Director’s decision was based on an error in fact or disputed findings, and direct staff to prepare a Resolution with findings memorializing the City Council’s decision to be adopted at a subsequent Council meeting; or,
2. Provide other direction to the City Manager as deemed appropriate.