Protecting native vegetation on table

Unauthorized disturbance of native vegetation could result in fines, a moratorium on permits or required restoration if a new addition to the city code is approved.

The city’s Environmental Committee will review the proposed addition to the city code crafted by city staff and suggest changes, if needed. The City Council must approve the ordinance.

Wording of the new ordinance already has been challenged as ambiguous or incomplete.

Landscape architect Ann Christoph, a former Laguna mayor, told the City Council on Tuesday that the proposed ordinance doesn’t address how developers can coordinate project applications with the fire department — which has led to misunderstandings of what can and cannot be done on a parcel.

South Laguna resident Penny Elia said in a letter read to the City Council by Johanna Felder that the program must have at the least a seven-year monitoring plan.

“I see this as a work in progress,” said Lisa Marks, the newest appointee to the Environmental Committee.

The ordinance, titled “Native Vegetation Protection,” would apply to all undeveloped parcels or undeveloped portions of developed parcels within the city limit. A related amendment will be made to the city code to define native vegetation, “high-value habitat” and “very-high-value habitat.”

As proposed by staff, native vegetation will be defined as a native plant, shrub, tree or grass — other than noxious weeds — that are indigenous to the coastal inland areas of southwest California.

Councilwoman Cheryl Kinsman warned that the ordinance verges on going overboard to apply to most any landscaping.

“This includes [property owners] who just want to chop a few weeds,” Kinsman said. “We need something in here for the average homeowner who just wants to clear some space so his house won’t burn down.”

Community Development Director John Montgomery said approved fuel modifications programs — landscape work designed to reduce fire danger — are exempt, including areas in which goats are employed to chomp down vegetation, creating a swathe.

The proposed ordinance is divided into five sections: the applicable areas and vegetation; thresholds for a removal permit; requirements for permits and submittals for restoration; restoration timing; and penalties for non-compliance with required restoration.