View committee sees first claim under revised ordinance

In the first claim to go before the View Restoration Committee under a recently revised ordinance, a Laguna Beach homeowner agreed, with certain conditions, to remove a tree on his property that a neighbor said blocked a view of the ocean and part of Catalina.

After gaining resident Roy Henderson’s verbal agreement, the View Restoration Committee unanimously approved the extraction of a 50-foot tall ash tree on his Hillcrest Drive property and its replacement with different vegetation.

Henderson said Tuesday that he still needs to agree to a final landscaping plan before the tree would come out, and he is willing to work with the city and Robert and Roxane Simon, who lodged the complaint against his vegetation.

The city’s revised view ordinance, which went into effect in December, gives homeowners the opportunity to restore a view — relying on photographic evidence — that has been blocked by overgrown vegetation.

The Simons, who live above Henderson on Pinecrest Drive, said the ocean view from their living room has “diminished” since they purchased the property in October 2009, according to a city staff report.

Roxane Simon and Henderson traded emails over the last two years and tried to settle the matter in a mediation meeting with the city in March, but failed to reach consensus.

When Henderson bought his house in 2002, the ash tree was already there. He said he has tried to lessen its effect on the Simons’ view.

Since 2009, Henderson said, he has pruned the tree three times and cut out part of the trunk, reducing its crown by 50%.

“I have always tried and made the best effort in balancing my neighbor’s views, when made aware of them, with my own privacy and property rights,” Henderson said in a written statement.

City staff recommended 25% lacing of the ash tree, but the committee decided that method would not go far enough in reducing the tree’s overall height or width.

“Looking through the tree doesn’t make sense,” committee member Chris Toy said. “When you lace it, all it does is encourage growth.”

Committee member Doug Cortez agreed with the assessment that a “significant view impairment” exists.

“The claimant is entitled to some sort of restorative action,” Cortez said. “I think we have proof the ash tree grows fast. I agree with Chris. The best solution is the tree be removed and replaced. It’s an inappropriate tree for this location.”

The committee directed city staff to work with Simon and Henderson on a landscape plan and return for a future public meeting. Under the ordinance, the Simons would be required to pay for the tree’s removal. Roxane Simon said during the hearing that she was willing to pay to completely remove the ash tree, roots and all.

Committee member Ruben Flores suggested podocarpus as a possible replacement for the ash tree.

“A podocarpus maintained at the rail [up to the height of the Simons’ deck] would be better for you, and there would be year-round privacy,” said Flores, owner of Laguna Nursery. “A podocarpus can easily be made broader and kept lower.”