Queries persist about Tree 49
Where's the story?2 Points Mentioned
Tree ordinance to go before council for review Tuesday
‘IN THE WAY’—Landscaping crews hired by Regency Centers take down a large oak tree in front of Fins restaurant in early April at Westlake Plaza. Identified in city records as Tree 49, the coast live oak, unlike the majority of the protected trees that have been removed as part of Regency’s expansion plans, was not at risk of falling but rather threatened by the expansion itself, causing tree supporters to cry foul.Courtesy of Larry BarretaWhy was tree No. 49 chopped down?
The sprawling coast live oak, one of more than 90 protected trees numbered at Westlake Plaza for proper record keeping by the city, was among several trees felled at the shopping center in the first days of April, yet it stands out from the pack.
That’s because Tree 49, which provided shade and comfort to customers in front of Fins Seafood Grill since the center was built about 40 years ago, was recommended for removal by master arborist Kay Greeley, not because it was particularly unhealthy but because it was threatened by Regency Center’s $25-million renovation plans for the shopping center.
BEFORE AND AFTER—At left is Tree 49, a valley oak that stood in front of Fins restaurant at Westlake Plaza for 40 years. The tree was legally removed by crews hired by Regency Centers in the first days of April, below. Courtesy of City ofThousand Oaks“At least two large scaffold limbs would need to be removed to accommodate the new structure, resulting in a loss of nearly 50 percent of the canopy,” Greeley writes in a Feb. 17 addendum to her original report, which was prepared over two years at Regency’s behest.
“It is therefore our recommendation that the tree be removed and mitigated by planting replacement tress that could thrive and be sustainable in a more appropriate location.”
Tree 49, up until that time, had not been tagged for removal by Greeley, a landscape architect hired by Regency to help oversee the plan for the center.
Courtesy of Larry BarretaHer report, prior to February’s addendum, indicated that the tree had “minor twig girdler damage” and “long-term string trimmer damage” but was otherwise healthy.
Yet, because the oak tree was planted by the owner, Regency could remove it, Councilmember Al Adam said.
“Tree 49 was an owner-planted oak tree, and under the law, as long as it can be proved that it was an owner-planted oak tree, which Regency was able to do . . . all you need at that point is a permit to take it out. So that’s what they did.”
Community Development Director John Prescott, whose staff approved permits to remove 36 protected trees as part of the expansion, some of which have been saved due to public outcry, said that a plaza merchant complained that the oak tree’s roots had damaged the plumbing.
“This particular tree, although it was healthy, did have some roots that were actually going underneath the buildings and causing problems,” Prescott said. “Part of the project was to expand the building in that area, which would have left a very small area for the tree. The tree was very, very close to the curb, where there was a heavily used driveway. All of those factors together is what resulted in us allowing them to remove it.”
Per the city’s tree ordinance, a protected tree may not be removed unless it meets one of three requirements:
-The condition or location of the tree requires cutting to maintain or aid its health, balance or structure.
-The tree presents a hazard to people or property (structural clearance, property damage) which cannot be otherwise remedied.
-The action is needed to enable reasonable and conforming use of the property. Such an exemption could be granted if, for example, an oak tree is at the center of a property and there is no logical way to develop around it, Prescott said.
Violations are punishable as a misdemeanor and may result in a fine, as well as requiring tree replacement.
In a memo from April, Prescott said that the majority of trees being removed at Westlake Plaza are “due to their poor health and potentially hazardous condition.”
Three native oaks were removed because “there were demonstrated health and safety issues” with the trees, Prescott said.
“We’re very conservative and cautious about allowing removals of native oak trees,” he said.
Patrick Conway, vice president and regional officer at plaza owner Regency Centers, said Tree 49’s removal was justified.
“It had to pose some sort of risk to be removed,” he said.
When asked about Tree 49, Greeley referred all questions on that particular oak to Regency.
At the April 22 City Council meeting, resident and tree activist Elisa Bell said the expansive oak, with branches that extended in all directions, “was simply in the way.”
“Tree No. 49 was supposed to stay where it was. It was supposed to live,” Bell said, adding, “Regency has taken more than beauty away from us. It’s taken away our unique history.”
In response to the plaza controversy, the Thousand Oaks City Council is supposed to revisit its tree protection code at its May 13 meeting. The ordinance was changed four years ago to allow the removal of owner-planted, nursery-grown oak trees. Previously, the law banned the cutting of healthy nonnative and native oak trees.
Adam and Councilmember Claudia Bill-de la Peña have said that all protected trees should be looked at equally, regardless of how they were planted.
The City Council will decide whether to initiate the process to change the ordinance. Then the matter would go to the planning commission for a public hearing, and the commission would make a recommendation to the City Council, which has the final say.
“The problem is the public doesn’t differentiate between an owner-planted tree and a native tree,” Adam said. “To them, an oak tree is an oak tree. When you (replace) these big oak trees that they’ve been looking at for decades, it just creates confusion as to why this tree would be able to be taken out. We will look at the exemption next Tuesday and see if it needs to have some revisions.”
In the meantime, city staff is working closely with Regency to alter its renovation plans to allow for the preservation of more existing trees.
“We have not approved a final plan yet,” Prescott said. “We’re discussing the trees along the Agoura Road frontage . . . and some interior trees.”
With the exception of four sycamores, all but six oaks of the 32 protected trees pegged for removal have already been cut down, Prescott said. Of those six, five are small oaks and another is dead in the Gelson’s parking lot. No other native oaks or sycamores will be removed, Prescott said.
“At the end of the day, the new center will be very nice,” he said. “We’re working with the applicant to upsize the new trees that are coming in. The trees will be mostly oaks and sycamores.”
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