By Jorge Casuso

March 30, 2012 -- Santa Monica has begun implementing a process that allows members of public to appeal the proposed removal of a tree.

The process is part of an ordinance approved by the City Council on December 13 that updated the sections of the City code outlining the process for "the care, maintenance and protection of the urban forest," City officials said.

Under the process, an appellant must file a form with the Community and Cultural Services Department, which will appoint an officer to "objectively consider the evidence and decide the issues," according to the department's director Karen Ginsberg.

"Impartiality is essential," Ginsberg wrote in a memo to the council last month. The hearing officer, she added, is barred from discussing the issue with any of the parties participating in the hearing.

All evidence must be presented to the hearing officer in writing, since there is no live testimony., Ginsberg said.

In order to prevail, the appellant must "show, by clear and convincing evidence, that City staff's decision to remove a tree is not authorized by applicable federal, state or local law, or is inconsistent with the removal criteria" established by the City's Urban Forest Master Plan.

The hearing officer will submit a written decision within 30 calendar days.

To determine if a tree should be removed, the Community Forester will consult with the Public Landscape Manager, according to the process.

"The removal of a tree may be necessary if the tree is dead, in a state of declining health (or) infected with a disease that cannot be treated successfully," City officials said.

It also can be removed if it is "hazardous to public safety, not a good candidate for relocation, or if it requires extensive root pruning due to excessive hardscape damage and no longer has the capacity to support itself."

To alert the public that a tree is designated for removal, the City will post the removal notice on the tree and go door-to-door to notice all residents on the impacted block, City officials said.

The City also will publish the notice on the City’s web site and distribute it to the contact list of community members who request notices on a regular basis. Notices will be posted for a period of 14 working days in advance of the intended removal.

The process is part of Santa Monica's new Urban Forest Master Plan, which City officials believe will set a national standard for urban forestry.

Approved on December 13, the plan establishes detailed guidelines for managing Santa Monica's trees and includes a street-by-street list of all the trees in the city and their designated replacements.

The council extended the term of the Urban Forest Task Force for the next seven years to help implement the plan.