San Clemente Will Vote on an Unusual No-Growth Law

In addition to electing three City Council members, San Clemente residents will vote on a measure that could determine the fate of hundreds, if not thousands, of trees in their city.

An initiative drafted by local resident C.L. (Curly) Snider and placed on the ballot by petition would prohibit trees, shrubs and bushes taller than 15 feet on private property if they block someone else’s view of the ocean or hills.

The proposed ordinance--Measure F on the ballot--would enable residents to petition the City Council to ask the offending tree’s owner to trim or cut down the tree at the owner’s expense, Snider said.

City Atty. Jeffrey M. Oderman, however, said the city would probably have to compensate the tree owner for the property loss if the tree or bush is already higher than 15 feet when the ordinance passed.

Snider disputes Oderman’s interpretation, claiming that homeowners pay a premium for ocean views and that a tree that interferes with a view is nothing but a public nuisance and therefore removable upon city order, much like weeds or graffiti.