City trees might be held to same view rules as privately owned vegetation

Laguna Beach moved a step closer Monday night to giving property owners a way to reclaim views obstructed by city-owned vegetation.

The View Restoration Committee approved a draft ordinance that outlines steps for submitting claims to regain sightlines when city property is involved.

The committee’s unanimous vote builds on the city’s view ordinance involving vegetation on private property. It became effective in December. Several residents suggested during public scrutiny of that ordinance that city trees should not be excluded.

The cost to submit a claim involving city-owned property would be $630, according to officials. Home and business owners would be encouraged to submit evidence such as date-stamped photographs and written statements from people with knowledge of what the sightline used to look like.

View claims may be submitted only when trees are at least 6 feet tall and planted on a city easement or within a public right-of-way within 500 feet of the claimant’s property line.

City staff suggested a 300-foot radius, but the committee favored 500 feet to maintain consistency with the existing view ordinance for trees on private property.

Trees at City Hall and all city parks, including Main Beach, Heisler and Treasure Island, are exempt under the new proposed rules. As of 2012, the city had about 1,000 trees.

Upon receipt of a claim, city staff would visit the claimant’s property — to assess the alleged view blockage — and the vegetation site to confirm its location.

The view committee would determine at a public hearing whether a “significant view impairment” exists, according to the draft.

If the committee decides views are blocked, it could set a new maintenance schedule. In that case, the claimant would pay the cost of any initial trimming in excess of the city’s current maintenance routine, the staff report says.

If the committee voted to remove a tree, the claimant and city would each pay 50% of the cost of removal and replacement with another type of vegetation.

Public outreach is needed to ensure an understanding of the proposed rules, committee member Ruben Flores said.

“My concern is 95% of residents don’t know what this all means,” said Flores, who owns Laguna Nursery. “There is confusion from owners on whose tree is whose.”

In some cases, property owners may be responsible for upkeep of a tree in a public right-of-way, such as one in front of their house, Community Development Director Greg Pfost said.

The ordinance requires City Council approval.