Council Eyes Tree Swap to Save Properties

For nearly 20 years, Manhattan Beach property owners have had to stand silently by as their properties sustained damage by trees they were not permitted to remove. Last week, a seed of hope was planted in the form of a consideration by City Council to give residents the right to replace trees on their own properties. 

A city ordinance was passed in 1993 to keep the city's trees from being eradicated as incoming developers began seriously altering the natural landscape.

"We passed this Draconian law as we watched developers clear cutting trees from properties," Councilwoman Portia Cohen said recently. "We wanted to put a halt on that, and may have taken it a bit too far." 

When originally adopted, the city's tree ordinance was only applicable to the Tree Section of Manhattan Beach. However, fines for the illegal removal of trees were applied citywide in 2003. 

"There was no flexibility involved [in the tree ordinance]," said Councilman Wayne Powell. "Trees that were planted 30 years ago in inappropriate spots are now starting to bring up sidewalks and cause damage to buildings."

At a board meeting with the Planning Commission on February 23, the City Council agreed to begin discussion on how to allow for more flexibility with tree removal and replacement, while protecting the city's tree canopy. 

"Folks have paid so much money for their land in Manhattan Beach; they don't want to be told that they can't remove a tree," said Cohen. "People feel that by the city preventing the tree removal, we are devaluing their property value because they cannot build out their homes in the way they would like."

Any resident who wants to remove a tree that does not meet the criteria for removal should be given the option to instead plant a species that would be more appropriate for the location in the long run, said Powell.

"We would like to bring in drought-tolerant foliage of similar size to replace the trees," he said. "This would be a great replacement for inappropriate, non-indigenous trees."

Another issue brought up by the tree ordinance is the liability for damage caused by protected trees. Currently Manhattan Beach property owners are required by the city to take care of trees lining their property and are responsible for any damage caused by the tree.

"It just doesn't make sense," said Cohen. "While we need to protect our tree canopy, we need to provide a more flexible plan."

And while she agrees with the need for a tree swap, she also sees this review of the ordinance as an opportunity to further the council's goal of creating a more environmentally friendly city. 

"It would be wise to consider allowing a parcel or property owner to consider planting a portion of environmentally sustainable lawn in exchange for having to replace a tree on their property," she explained. "My idea is to revisit the option of providing flexibility in the form of tree replacement." 

The proposed tree ordinance amendment, however, should not carry any added cost to the city, said Cohen. Individuals who want to remove a tree must pay for removal permit fees, and arborists removing the trees must be American National Standards Institute certified.

"This issue is more about the difference between community rights to our tree canopy and a property owner's personal right to cut down a tree on their own land," said Cohen. "There are valid arguments on both sides."