An Oakland property owner is staring down a nearly $1 million penalty after city staff concluded he removed dozens of mature, protected trees from a steep Claremont Avenue parcel and neighboring lots. The tree cutting, which began in early 2021, has frozen development plans for the hillside site and sparked repeated city inspections, along with a running fight with neighbors.
City arborists have called the situation extraordinary. Oakland tree official Tod Lawson described it as “the most egregious illegal tree removal case" he’d seen in his 34 years, according to the San Francisco Chronicle. The property owner, identified in city documents as Matthew Bernard, has told council members he relied on his own arborist’s recommendation and argues the case has turned personal and punitive.
City Timeline And Staff Findings
An agenda report prepared for the City Council lays out a detailed enforcement trail starting February 2, 2021, when Tree Services staff said they found eight mature trees already down and a man on-site using a chainsaw. Follow-up inspections through May 2022 documented a total of 38 protected trees removed from Bernard’s parcel and adjacent properties. According to staff, Tree Services responded to the property seven times, while police were called out four times over the same period.
City staff recommended finding Bernard and co-owner Lynn Warner in violation of the Protected Tree Ordinance and imposing a $915,135.40 penalty. They also proposed placing a hold on development permits and recording a lien on the property until the penalty is paid, according to the city staff report on Oakland Legistar.
Permits, Neighborhood Fallout And Lawsuits
Under City of Oakland rules, property owners must secure a permit before removing trees with trunk diameters greater than 9 inches, with specific exceptions for eucalyptus and Monterey pine. The standards are stricter for oak trees. City staff say Bernard did not have the necessary approvals when the trees came down.
In May 2023, neighbors sued, alleging Bernard cut trees on their lots as well, according to the San Francisco Chronicle. The dispute has left design and building applications in limbo and opened the door to potentially costly mitigation or replacement requirements for the site.
What Happens Next
City Council took up the staff recommendation in a December hearing but stopped short of a final decision, continuing the matter to February for more review. If the council ultimately adopts the resolution as written, it would lock in the $915,135.40 penalty, keep development-related permits on hold and allow the city to place a lien on the parcel until the fine is paid, according to the Oakland Legistar file.
