Toyon and Mexican elderberry to be added to Protected Tree Ordinance

On December 2nd, after many delays, the amendment to add the toyon and Mexican elderberry to the City of Los Angeles’s Protected Tree Ordinance was heard before the City Council’s Public Works and Gang Reduction (PWGR) Committee. The amendment was unanimously passed, with the Committee choosing to support a superior measurement standard that had long been sought by tree advocates.

These two native species, which grow as shrubs or small trees, were used for many and varied purposes by indigenous peoples — the toyon’s pomes used as food or made into a jelly, and the leaves, flowers, and bark used to make different medicinal teas. The two species are also highly important for wildlife as a source of food, and as an integral part of the ecology of our hillsides. As the Center for Biological Diversity wrote in their letter to the Committee: 

“Toyon berries provide a source of food for native birds including American robins, western bluebirds, mockingbirds, and California quail. Toyon also is a prominent component of the coastal sage scrub plant community and is evolved to thrive in Southern California’s drought-prone landscapes. Likewise, Mexican elderberry is a key source of food for Southern California’s birds, and acts as a host for many species of butterflies and moths. Both shrubs provide much-needed shade for mammals, birds, and reptiles during hot summer days, and can provide nesting sites for some species.”

Toyon | Image courtesy of Santa Monica Mountains Trails Council

The Santa Monica Mountains Task Force was among the many environmental and stakeholder organizations to submit a letter of support for the addition of these species to the Protected Tree Ordinance. The process to add the two species was begun seven years ago by some members of the City’s Community Forest Advisory Committee (CFAC). Much of the delay in its progress was due to repeated efforts by the Urban Forestry Division to reduce the number of trees that would qualify for protection by insisting a different measurement standard be applied to the two new species.

The recently appointed City Forest Officer, Rachel Malarich, in an October staff report, joined UFD and the City Planning Department in supporting the changed measurement standard that would have seen few of these ecologically vital small trees protected. The SMMTF joined other organizations in supporting the call of CFAC to apply the same measurement to the new species that applies to the four species already protected in the Ordinance — that the diameter of the trunks or stems be a minimum of four inches, measured cumulatively, at four and a half feet high.

Mexican elderberry | Image courtesy of Santa Monica Mountains Trails Council

The SMMTF letter was referenced in the hearing by the Committee Chair, Councilmember Bob Blumenfield, long a champion of our protected native trees. He read aloud the following paragraph as being aligned with his thinking as the City moves forward with a separate comprehensive overhaul of the Protected Tree Ordinance:

“Developers should be advised at the outset of their projects that the City expects — and potentially in the future even rewards — project design that accommodates the retention of the naturally occurring native habitat on their sites so that removals of protected native trees and shrubs are largely avoided up front. They should also be informed early that any absolutely necessary removals will need to be mitigated through the planting of the same species on site at the current Board-mandated 4:1 ratio. This “education” of developers at the front end could serve to make removals and replacements less common generally, and help reduce and avoid an expressed “need” for off-site and out-of-kind replacement plantings.”

Read our letter of support

The Task Force also supported the Community Forest Advisory Committee’s additional (and, unfortunately, unsuccessful) recommendations in their letter of November 16th to the PWGR Committee, which called for the administration of the Protected Tree Ordinance to be removed from the Urban Forestry Division and housed in an environmentally oriented department such as LASan’s Biodiversity unit, and for the team administering it to include a biologist or ecologist and an architect, rather than only the UFD staff arborists recommended by the Bureau of Street Services, in order to provide an appropriate knowledge base for this work. 

After passing through the PWGR Committee, the amendment subsequently went before the full City Council for its final vote on Tuesday, December 15th, where it was again unanimously passed.