Brush clearing sparks dispute

Athens Group apologizes for removing vegetation in Hobo Canyon without permits; some activists say the firm should be fined.Wildfire safety measures are clashing with environmental concerns in Laguna.

The non-permitted removal of vegetation at Hobo Canyon by developer Athens Group is just the latest incident to spark outrage among environmental activists.

In the Hobo Canyon case, the vegetation was removed at the request of a homeowners group concerned about wildfire danger, said Athens representative Joan Gladstone.

Athens is seeking to develop the property, known as Driftwood Estates, as well as redevelop the adjacent Aliso Creek Inn and Golf Course. The vegetation removal was reported last week to city officials, who acknowledged the work was done without a required permit.

An Athens spokesman issued a public apology Tuesday before the City Council.

“I want to apologize for not abiding by the rules that govern fuel modification,” said Martyn Hoffman, Athens Group director of forward planning. “It will not happen again.”

As background, he told the council at Tuesday night’s meeting that Athens Group was contacted by Hobo and Aliso Canyon neighbors who were concerned about the high fuel load on the property. Athens Group staff agreed, he said, and walked the area with a Fire Department officer.

Hoffman said a full report, recovery plan and monitoring plans are being prepared.

Some critics of Athens were not mollified.

Johanna Felder, who lives on Park Avenue, said, “I think some punitive action should be taken. Anybody can say oops.”

Charlotte Mazarik said the company should be fined for its misstep.

Many areas in Laguna Beach have been deemed “very high value habitat” by experts, but these areas are also prone to wildfires -- as in 1993, when nearly 400 homes were destroyed.

Whereas the Fire Department’s main concern is to have a defensible space integrated into every project, environmentalists want to ensure precious habitat is preserved.

The controversy has exposed a lack of understanding of city rules.

City protocol requires that a permit be issued through the design review board to carry out brush clearing.

“It was a mistake on our part for not advising them to get DRB approval,” City Manager Ken Frank said.

According to Hobo Aliso Neighborhood Association chairwoman Penny Elia, the area is very high-value habitat, as well as riparian habitat and home to the threatened big-leaved crown-beard shrub.

Elia, in a letter, called the action a “blatant disrespect for the ‘wilderness open space’ that is an integral part of our neighborhood and has been for decades.”

Elia feels the Athens Group, with lawyers and biologists at their disposal, has no excuse for not abiding by the rules and claims the organization had an agreement with the Sierra Club that no clearing or grading would be done without first notifying them.

“If the city doesn’t take action, it sends the message to other developers that they can beg for forgiveness rather than ask for permission,” said Elia.

But Frank thinks the city has put the property owners in a difficult position. “How can we take action when we told them they could to do it?” Frank asked.

“It is not, and never was, our intention to circumvent the regulatory requirements of managing our property,” said an Athens Group new release.

Neighbors in the brush area agree that the rules should be followed.

Curt Bartsch, a neighbor to the Driftwood Estates, said, “In the event of a fire, I believe any homeowner would vote for saving their property versus an endangered plant. However, I am not advocating ignoring the permit process.”

In another incident, land owner Edward Domanskis received a warning letter from the city after he removed vegetation from his property behind South Coast Medical Center.

Domanskis says he removed vegetation to come in line with the Fire Department’s weed abatement directive and was surprised when vigilant neighbors took notice.

Vegetation on Domanskis’s property has been deemed high-value habitat and requires the approval of the design review board to be removed, said Louis Kirk of the city’s Code Enforcement Department.

Design review board member Steve Kawaratani said that in issuing a permit for brush clearing on land designated as open space, the board must weigh the best interests of the Fire Department and environmental issues.

“We don’t want to endanger homes and firefighters; at the same time, we want to have our open space,” said Kawaratani.

According to Kawaratani, key factors in considering a brush clearing permit include a biology report, whether the property is visible to neighbors and passersby, the method by which the brush would be thinned and what would happen if the property were thinned by 50%.

“A series of compromises is often established,” said Kawaratani, who added that “the key to knowing if you made a successful decision is if both sides leave slightly unhappy.”

[Barbara Diamond contributed to this story.]

QUESTION OF THE WEEK

Should Athens Group be fined for failing to obtain permits for vegetation removal? Write us at P.O. Box 248, Laguna Beach, CA, 92652, e-mail us at [email protected] or fax us at 494-8979. Please give your name and tell us your home address and phone number for verification purposes only.

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