Trees on Private Property to be Exempt from Permit Rules

By Cassandra Reinhart, Special to the Independent

Property owners in Laguna Beach will not need to obtain a permit to take down trees on privately owned property, unless the tree holds heritage or city-reviewed status or is city-owned in the public right of way.

The City Council debated a draft tree removal ordinance for nearly an hour Tuesday, Oct. 10, and whether it should make property owners seek a permit before cutting any regular trees on privately owned property.  The overwhelming sentiment from council members was no.

“I really don’t want the city telling people on their own private property what they can and can’t do,” said Mayor Pro Tem Kelly Boyd.  “We have said ‘no’ to people for so many things. It’s got to stop sometime; we are just overruling private property now.”

The council unanimously voted to direct staff to draft an ordinance requiring permit approval for removing trees deemed historically significant, trees approved by the city as a part of a landscape plan and privately maintained city-owned trees in the public right of way. Under current municipal codes, with the exception of removing heritage trees, there had been no permitting process or fine, though the illegal cutting of heritage trees can be charged as a misdemeanor. Council members called for imposing fines and a robust notification process to let homeowners know which trees are protected, and a provision to ensure protections for nesting birds in trees slated for removal.

Some who addressed the council supported stricter tree-removal permits.

“Many trees on private property have been cut completely down on a whim because of their leaf litter or a better view for the owner,” said Sandra Desmond, of the Laguna Beach Historical Society.  “Some of these trees really could be here if there had been an arborist visit to suggest trimming, lacing or topping the tree. There might have been hope for those trees.”

The city currently prunes 2,700 trees in the public right of way and can’t take on any more, but nearly three times that many city trees are maintained by private property owners.

If a property owner maintaining a city-owned tree adjacent to their property wants it cut down, they will have to seek a permit and pay for the tree’s removal. Some residents told the council they don’t think that is fair.

“You have trees in public access; it’s a property of the city, and to put the burden of the cost of that on a private property that is adjacent to the public right of way seems unconstitutional,” said resident Sam Goldstein.

City planners started reconsidering its tree removal rules after several towering eucalyptus trees bordering Ruby’s Diner were removed by the property owner recently without city approval.

“Part of why we are talking tonight is because of what happened down at Ruby’s,” said council member Steve Dicterow.  “That was a protected tree, and those trees didn’t get any protection.”

Mayor Toni Iseman proposed steep fines for the illegal cutting of protected trees, leveraging the fines based on the circumference of the trunk, similar to what is done in Santa Barbara, which issues fines of $1,000 for cutting a tree under 12 inches in diameter, $3,000 for one 12 to 24 inches and $5,000 for 24 inches or greater.

“It seems to me there has to be a significant reason to follow the rules in something that has the longevity of 30 years that we can’t go back and fix, for many of us in our lifetime,” Iseman said.

“The trees are more than my benefit. The trees are a community benefit,” Iseman said. “It’s not hard to find shade in Laguna. It’s a part of our charm, it’s a part of our comfort, it’s a part of our environment.”