# Tree Huggers



## Wolf (Mar 24, 2006)

What's up with these tree huggers? Don't you think this is a little ridiculous? But I guess $36,000 isn't so bad given what the new houses will bring in. But really . . .

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A San Rafael developer has been hit with a $36,000 fine for axing 36 trees at the Drake's Cove project site off Sir Francis Drake Boulevard.
The Larkspur City Council unanimously approved a recommendation by City Manager Jean Bonander to levy the stiffest monetary fine the city could against Monahan Pacific. 

Revenue from the fine will go into the city's general fund.

But the council spared the developer more than 500 hours of community service it could have imposed under its heritage tree ordinance.

A heritage tree is one with historical significance or with a 50-inch circumference or more that is 2 feet above ground.

Drake's Cove, on 10 acres east of Sir Francis Drake Boulevard, is planned to have 23 market-rate single-family homes and duplexes.

Larkspur Mayor Larry Chu was in disbelief when the city found out about the tree-cutting, which occurred during grading work for the project. 

Others on the council also were shocked.

Chu said any developer with a project in the city should be familiar with ordinances that affect the development.

"They couldn't distinguish a 50-inch tree or anything anywhere close to it," he said. "They've had several projects in the county so they should have made themselves aware of all the ordinances. This was not their first attempt.

"That's why the council reacted the way they did."

Monahan Pacific Director of Development Victor Gonzalez said the firm presented a letter to the council Wednesday objecting to the fine.

"We felt we've already paid the penalty," Gonzalez said. "It 


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was adding insult to injury type of thing. 

"We've suffered mightily. We had to fire the contractor, who removed the trees without permission or securing the necessary permits."

Gonzalez said Ghilotti Bros., Inc. was dismissed about a year ago and another firm was hired to finish the work. 

The company is in litigation with the developer over payment and contractual issues associated with the Drake's Cove project, a Ghilotti Bros. spokeswoman said.

Gonzalez said the project has been delayed, new construction was required and at least seven other trees were relocated at an expense of about $40,000.

"We made every effort to comply with every regulation the city has, to much expense and delay. We're glad it's behind us now," Gonzalez said.

Marin Audubon Society president Barbara Salzman said she supported the action taken by the city.

"It's very fitting," Salzman said. "The cutting down of heritage oak trees in this day and age should be strongly discouraged."


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## Double-A (Jul 3, 2006)

Wolf said:


> A heritage tree is one with historical significance or with a 50-inch circumference _or more that is 2 feet above ground_.


When I read this, I read it as any tree, 2' in height or greater was protected. 

P.S. I tend to agree with saving the trees to a point. Like anything else common sense will have to play a large part. Sounds like this community has made it expensive and finicky to operate within its purview.


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## tgeb (Feb 9, 2006)

It is likely the developer knew he was taking out trees that he should not have. 
The fine adds $1,565.21 to each of his proposed 23 homes, an amount I am sure he will recoup. And is probably less than would have been the protection measures the city may have required.

I just completed a job, Garage addition, in a tree preserve area. We had to take extreme measures to avoid damage to 2 large oak trees.

Turned out to be a very lucrative job. 

Thank you tree huggers.


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## N.E.Bldg&Rest.LLC (Aug 18, 2005)

I think you need Demo's anonymous if you had a machine big enough you would demolish everything on the planet:no:


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## tgeb (Feb 9, 2006)

Double-A said:


> When I read this, I read it as any tree, 2' in height or greater was protected. .


No DA, 50" circumference translates to about 16" diameter measured at a height of 2' above the ground. A tree that size would be probably 60 to 80' tall


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## Tscarborough (Feb 25, 2006)

They should have been fined more. Most jobs around here have a value assigned to each tree, and if it is damaged or destroyed, that value is due and payable. It ranges from $1500 for 3-4" diameter live oak to well over 50,000 bucks for a big (around here) oak.


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## Downeast (Apr 17, 2006)

I guess they figure they will make more in the long run. People around here have taken out the trees for the ocean view and had to pay a 20k fine ,or violated the height restrictions and paid. 

Some people have the bucks to get what they want.


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## tgeb (Feb 9, 2006)

Downeast said:


> Some people have the bucks to get what they want.


We had someone here that cut trees down that were on the Federal Government property along the Historic C&O canal.

The trees were blocking the view of the Potomac river.

They got fined,.... but had the view the wanted. They claimed stupidity but you and I know what went on.

Yes, if the fines were higher it might discourage some, but others will pay and not think twice.:no: :no:


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## reveivl (May 29, 2005)

My 2 cents is the fine should be above and beyond 'the cost of doing business'. There's a reason that the elected people of the locality made this rule, perhaps it's worth paying attention to. Rich.


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## Teetorbilt (Feb 12, 2004)

50" is a good tree in anyones book, most that size will be 100 yrs. old or better.

Global warming is here and my esimates say radical changes may occur sooner than many predict. Let's pave over some more trees and prove me right.


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## dayexco (Mar 4, 2006)

what's up with the tree huggers? well, gee......let me guess...all of the responsible contractors i know....don't want to destroy everything from our past. apparently there were guidelines that particular contractor was to follow on the demo end of the job....he failed to do so...i say, make the s.o.b. sing soprano


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