January 8, 2002 Santa Monica, CA

To: Mayor and City Council

From: City Staff

Subject: Request by Linda and Robert Posek to Address City Council Regarding Placement of a Driveway at 369 18^th Street

INTRODUCTION

This report provides background on a request by Linda and Robert Posek to address Council regarding a new garage access at 369 18^th Street, outlines the potential impacts of that driveway on a Canary Island pine tree located in the adjacent parkway and provides information on the Council’s options in regard to the request.

BACKGROUND

Plans for the renovation of 369 18^th Street were submitted for review to the City’s Community Forester on September 10, 2001. At that time, the architect was advised that the placement of a driveway as shown on the plans was too close to an existing 65 foot tall, 60 year old Canary Island pine tree in the adjacent parkway. The owners wanted the driveway located so that they would have more direct access to the garage. The Community Forester requested that the driveway be retained in its existing location. The Community Forest Management Plan (CFMP) stipulates that new street trees should be planted a minimum of 10 feet from existing driveways; likewise, new driveways should be placed 10 feet from existing street trees in order to reduce the impact on the tree’s roots. As requested, the architect revised the plans and received plan approval from Open Space Management on September 24, 2001.

On October 4, 2001, Dr. Robert Posek, owner of the property, contacted the Community Forester regarding the approved plans and requested that the driveway be moved back to the original proposed location for ease of access to the new garage and to reduce the amount of hardscape encroachment into the yard. Dr. Posek’s request was denied, as the proposed original location of the driveway would encroach into the space required for the future optimal health of the parkway tree. Michael T. Mahoney, a registered consulting arborist and certified arborist, inspected the tree and supported the Community Forester’s assessment.

On November 8, 2001, Dr. and Mrs. Posek met with the Open Space Manager and the Director of Community and Cultural Services to appeal the Community Forester’s decision. At that meeting, a copy of a report prepared by Mr. Craig Crotty of Arbor Culture, consulting arborist retained by the owners, was presented. This arborist opined that the tree would tolerate the proposed placement of the driveway. Staff contacted the owners’ arborist and also consulted with Bob Hansen who had visited the site. Bob Hansen is a registered consulting arborist and a certified arborist with 40 years of experience in the Southern California tree care industry. The Director and Community Forester met with Dr. and Mrs. Posek and Bob Hansen on November 19, 2001 and, after a thorough review, the Director denied Dr. Posek’s appeal.

Discussion

Section 7.40.110 of the Santa Monica Municipal Code states that “No person, firm or corporation shall remove, cut, prune, plant, injure or interfere with any tree, shrub or plant upon any street or public space of the City without a permit from the Director of Community and Cultural Services…” The Director has delegated authority to the Community Forester to issue permits affecting public trees.

The overriding objective of the CFMP is to provide for the long-term optimum health of trees in the City’s Community Forest. Policy 3.3 supports this objective by requiring the implementation of root system management practices that will continue to preserve existing healthy trees in their most optimum condition.

The Director has reviewed the Community Forester’s decision and has upheld it based on the following factors:

• The likelihood of future hardscape repairs is minimized by retaining the driveway in its existing location.
• The Canary Island pine will continue to grow presenting a greater opportunity for displacing hardscape located within 10 feet of the tree.
• Installing the driveway in the proposed location will disrupt the current growing environment in which the tree has flourished.
• The microorganisms which are currently found in the soil around the tree and are vital to the tree’s health will be lost with the installation of the new driveway.
• A design alternative for the driveway has been approved by the City and permits were issued to commence construction.

No further administrative appeals are provided by City Code, however, the City Council could revisit the underlying policies, premises and procedures of the CFMP at a future date.

Prepared by: Department of Community & Cultural Services

Barbara Stinchfield, Director

Elaine Polachek, Open Space Manager

Walter Warriner, Community Forester