TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Masa Alkire, Community Development Director
Adam Finestone, Planning Manager
Jaehee Yoon, Senior Planner
Johnathon Masi, Associate Planner
SUBJECT:Title
Discussion Regarding Private Property Tree Fines Associated with the City’s Tree Preservation Ordinance on Certain Residential Properties (No Budget Impact) (Community Development Director Alkire).
(Estimated Time: 30 Min.)
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on private property tree fines associated with the City’s Tree Preservation Ordinance on residential properties in Area Districts I and II.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with this discussion. If the City Council directs staff to undertake additional work related to potentially amending City regulations and/or fines, future fiscal implications could include increases in both revenues and expenditures. Specifically, revenues could increase if additional or larger fines are assessed; however, that might be offset by additional costs associated with increased City enforcement activity.
BACKGROUND:
On May 19, 2026, the City Council requested a future agenda item to discuss fines related to violations of the City’s Tree Preservation Ordinance. The request stemmed from community concerns about the removal of mature trees on private properties to accommodate new residential development, and the lack of substantial financial penalties to deter damage to trees intended to be protected.
DISCUSSION:
The City’s tree preservation policies are implemented through two sections of the Manhattan Beach Municipal Code (MBMC) that establish regulations related to tree trimming or pruning, removal and replacement of trees, and the planting of new trees:
• MBMC Chapter 7.32 (Tree, Shrub and Plant Regulations) includes regulations applicable to trees on public property and is administered by the Public Works Department.
• MBMC Section 10.52.120 (Tree Preservation and Restoration in Residential Zones, Area Districts I and II) applies to trees on certain private properties and is administered by the Community Development Department.
The scope of this report is limited to the policies related to trees on private property per MBMC Section 10.52.120, which is attached to this report for reference.
Governing Regulations
Protected Trees on private property, pursuant to MBMC Section 10.52.120(C)(1), can be summarized as:
• Any species of tree, other than deciduous fruit-bearing trees and Washingtonia (fan) palms, which is located at least partially within the required front or streetside yard setback, and has a trunk diameter of at least 12 inches (measured at 4.5 feet above ground level); and
• Any replacement trees required for new construction projects (regardless of size).
Tree permits are required for the removal of a protected tree, the trimming of a protected tree by a licensed tree trimmer, to protect an existing tree that may be impacted by a construction project, and to plant a new tree required as part of a construction project. Any request to remove a protected tree requires a report from a certified arborist, which must demonstrate that at least one of the following conditions exists (as described in MBMC Section 10.52.120(G)(1)(c)):
1. the tree is dead;
2. the tree is unstable and poses a safety risk;
3. the tree is dying, and reasonable alternatives to preserve or rejuvenate the tree are not feasible;
4. retaining the tree would preclude proposed residential development;
5. the tree is causing or will cause significant damage to public or private property; and/or
6. the tree obstructs solar access and cannot be reasonably pruned.
In 2025, the City approved 94 private property tree permits, including 51 for removal of one or more protected trees, 22 of which were for trees removed in conjunction with new development.
Manhattan Beach Enforcement Procedures
If a protected tree is damaged, trimmed or pruned without a permit, or removed without prior authorization, the City’s Code Enforcement Division conducts an investigation to determine the nature and extent of the violation. In all cases, an “after-the-fact” permit is required pursuant to MBMC Section 10.52.120(L)(3), subject to double the standard permit fee. (Tree permit fees range from $223 to $300; therefore, double fees range from $446 to $600.) In addition, anyone who removes or critically damages a protected tree without a permit is subject to an administrative citation of up to $1,000, as established by MBMC Chapter 1.06 (Administrative Citations) for violations of the MBMC. Where deemed appropriate, the Community Development Director, per existing MBMC tree preservation regulations, may refer violators to the City Prosecutor for civil prosecution of tree offenses as misdemeanors or infractions.
As an example of a recent City code enforcement action, a violation related to construction of a new single-family home resulted in the project developer being assessed $3,600 dollars in fines and fees for an after-the-fact tree permit and fines for damaging three protected trees.
Enforcement in Other Jurisdictions
Staff reviewed tree preservation ordinances of surrounding cities and found that most only have provisions for protecting trees on city-owned property or within the public right-of-way. Redondo Beach, Hermosa Beach, Torrance, and El Segundo require permits to trim, remove, or replace public property trees, charging violators who damage trees or fail to obtain a permit to cover the full cost of a replacement tree as well as holding or revoking any related building permits.
Elsewhere in the region, Beverly Hills, Los Angeles, and Pasadena have provisions for protection of trees on private property in addition to provisions for the protection of public trees. In those jurisdictions, violators can be required to pay a fine equal to the value of the damaged or removed tree. The value of the protected tree is established by an appraisal by a private certified arborist, at cost to the property owner. An appraisal may refer to prior arborist reports as a basis for establishing a tree’s value, but in cases where a report was never prepared, the arborist may set the value based on their professional opinion In some cases, the violator is required to complete the work of replacing the protected tree with a similarly sized tree, which results in the violator having to pay the cost of the mature tree, transportation costs, and planting costs. Note that there are challenges associated with requiring replacement with a mature tree, including the logistical challenges involved in transporting a large tree and a lower survival rate for the replacement tree. In addition, those jurisdictions may also impose administrative fines of up to $1000 and may consider violations of a tree ordinance as a misdemeanor offense.
DIRECTION NEEDED
The City Council may consider the following options regarding enforcement of the provisions of the City’s private property tree preservation ordinance:
Option 1: Maintain existing policies and financial penalties.
City Council may direct staff to take no further action. Planning staff would continue to administer the tree preservation ordinance as described above. Violators are required to pay double permit fees when obtaining an after-the-fact permit and are subject to administrative citations of $1,000 per violation. In addition, the City has the ability under existing City regulations to refer violations to the City Prosecutor for prosecution as a misdemeanor.
Option 2: Modify/increase existing fees and/or fines
City Council may direct staff to develop recommendations regarding potentially establishing additional fines or fees associated with violation of the tree preservation ordinance. If the City Council provides direction to do so, staff requests that the City Council provide direction on the intent of such fines or fees (punitive versus deterrent), and whether such fines or fees should vary depending on the severity of the violation. If the City Council desires more severe financial penalties than those currently imposed, it may direct staff to create a fine schedule separate from the general Administrative Citation schedule, specific to violations of the private property Tree Preservation Ordinance. Any proposed fees or fines would be presented to the City Council for consideration at a future meeting and must be adopted by resolution.
PUBLIC OUTREACH:
Staff informed residents who brought tree removal concerns to the City Council in the spring that the topic would be discussed at this meeting. Should staff undergo any work effort to adopt new fines or fees, public notification in accordance with State and MBMC requirements will be conducted.
ENVIRONMENTAL REVIEW:
The City reviewed the proposed discussion for compliance with the California Environmental Quality Act (CEQA) and determined that the discussion and direction from Council is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the discussion is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Manhattan Beach Municipal Code Section 10.52.120
2. May 19, 2026, City Council Staff Report
3. PowerPoint Presentation