Beverly Hills City Council Denies Roxbury Drive Tree Appeal

The Beverly Hills City Council on Sept. 17 unanimously approved the removal of three heritage trees at 1001 North Roxbury Drive and denied an appeal of a prior Planning Commission decision approving the project.

The property on North Roxbury is owned by StubHub co-founder Eric Baker and his wife Dr. Nicole Cooper Baker, who submitted the tree removal permit as part of their plans to construct a new home on the empty lot. The Planning Commission approved the permit on June 26 with conditions that crews plant three replacement trees that are at least 25 feet tall when planted and 70 feet tall when mature, and that these trees be planted before building permits are issued. 

On July 9, environmental attorney and Santa Monica City Council candidate Ellis Raskin appealed that decision on behalf of Maple Leaf Ventures, a local property management company. Raskin claimed the commission’s findings were not supported by evidence and would violate the California Environmental Act (CEQA), and that surrounding property owners received insufficient notice of the Planning Commission meeting. 

City Planner Masa Alkire recommended that the city deny the appeal, asserting that the Planning Commission’s decision was backed up by evidence and in accordance with CEQA. During the Sept. 17 council meeting, public commenters came out in support of the Bakers’ project, saying the appeal interfered with the city’s planning process and infringed on residents’ rights to develop their properties as allowed by city code. 

After listening to public commenters and questioning representatives of the applicant and appellant, the council agreed to uphold the Planning Commission’s approval.

“Being an attorney, I do believe that there is a right to an appeal, but not every case needs to be appealed,” Mayor Lester Friedman said. “I just don’t think this one needed an appeal, and I am really sorry for the delays that have occurred to the Bakers, and I hope the rest of the project goes smoothly for you.”  

Raskin, former chair of the Santa Monica Planning Commission, said that urban forests across the Los Angeles region have declined in recent years, and the loss of these mature trees would exacerbate that problem in Beverly Hills. 

He said that it would take roughly 15 years before the replacement trees reach the same height and provide the same ecological benefits as the trees currently standing.  

“What we’ve seen on a regionwide level throughout the L.A. area is that … mature trees provide things that are truly irreplaceable and can’t be met through replacement trees,” Raskin said. “They provide habitat in a way that immature replacement trees can’t provide. They provide shade cover; they provide soil retention.” 

Attorney Benjamin Hanelin, who represented the Bakers, said the trees the Bakers seek to replace—one London Plane and two Coastal Redwoods—have little ecological value in Beverly Hills. As nonnative species planted in the ‘90s, the trees have been competing for resources and impacting soil quality, he said. 

“These trees are less than 30 years old. They’re not old-growth trees. No general Shermans here,” Hanelin said. “The arborist report explains that these trees are an over planted monoculture.” 

He said that arborist Lisa Smith worked with landscaping design firm Christine London Ltd. to design a “landscape enhancement plan” that features climate-adapted species, reduces water usage and improves the city’s garden canopy.  

According to Smith’s report, the plan calls for a London Plane tree to be replaced by a Western Sycamore and two Coastal Redwoods to be replaced by Oak and Magnolia species. 

According to Alkire, the property had 44 trees at the time of the Planning Commission application, and though nine have already been removed and three are slated for removal, the Bakers plan to plant 31 new trees, bringing the total to 61 by the end of the project.  

He said that heritage trees are defined by the municipal code as any tree not listed on the city’s list of native trees and with a circumference of greater than 48 inches. 

Vice Mayor Sharona Nazarian applauded the Bakers for their ecologically minded design, and she said that with their strong ties to Beverly Hills and young children, they are exactly the kind of family the city should encourage to stay.

“It’s not our job to tell people what to do on their property, and it’s not uncommon to remove trees when you have a new development,” she said.

Speaking before the council, Dr. Baker said she and her husband had worked closely with city staff and their building and design team to ensure the project was beneficial to the community and a home where she could raise her children. 

“Our property is a private residential lot, an empty lot at this stage, it is no different than any other lot in Beverly Hills, and we respectfully ask that it, and we the owners, be treated just the same as any other,” she said. “We are simply trying to build a home for our family … a home that we hope will remain in our family for generations.” 

The property at 1001 North Roxbury Drive was the subject of earlier controversy when the Bakers purchased the 10,000-square-foot house that previously stood there in 2020 and applied for a certificate of ineligibility, certifying the home does not have historic value and paving the way for its demolition. 

The fate of the beloved home, built in 1942 by Beverly Hills master architect Carleton Burgess, sparked heated debate in multiple City Council meetings.

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