Another look at view issue

Barbara Diamond

Property owners in Laguna Beach who want to add as little as 10%

-- say a luxurious bathroom -- to a 1,500-square-foot home may have

to re-landscape their yards in the near future.

The Planning Commission is reviewing the city’s View Preservation

Ordinance, with direction from the City Council to evaluate and

propose alternatives to achieve view equity and preservation through

a design review process. Some residents will not be satisfied with

anything less than “a right to a view” ordinance and restoration of

their views to the date they purchased their property.

“Views need our protection,” said David Connell. “They are our

second -- location is first -- most valuable asset.”

The Planning Commission sought council guidance Tuesday night on

preliminary recommendations for revisions to the city’s view

ordinance, which has been characterized by some as “toothless.”

A council majority gave a nod to a proposed recommendation that

would require the Design Review Board to evaluate all existing and

proposed landscaping for the restoration of neighboring views in

order to achieve view equity, even if the addition is not what is

obstructing the view and only adds 10% to the square footage of the

structure.

View equity is typically considered during the construction of a

new home to insure existing homes do not lose all their view to the

new neighbor.

If adopted, virtually every addition would have to go before the

board. At present, only additions of 50% or more require a review

board hearing.

“I have a dear friend who has a beautiful view of Catalina Island

that is blocked,” said North Laguna resident Ben Blount. “Those

things exist in Laguna Beach. Dozens of them, hundreds, thousands.

“Views are wonderful, but if the people in my part of town look

anywhere, they see trees. There are two sides to it and I am for the

side of the people who don’t have views.”

A “right to a view” is the one of the most perplexing issue before

the commission and raises the most hackles.

“My problem with a right to a view is that it is absolute and

uncompromising,” said Councilman Steven Dicterow. “I want to preserve

views and I believe in restoration, but I don’t know how to restore

without a right to a view.”

The council approved the planning commission’s request that city

attorney Philip Kohn research alternative methods to restore views

that do not involve granting the right to a view and provide a

mechanism other than tree height that could initiate a view

restoration process.

“I hope arbitrary decisions are approached with sensitivity,” said

Councilwoman Toni Iseman. “We can’t lose the trees that give Laguna

Beach its soul.”

However, it is view blockage that dominates any hearing on

development in Laguna.

“It is the most controversial issue in town,” said Councilwoman

Cheryl Kinsman, who wholeheartedly supports a right to a view.

Kinsman, a former planning commissioner, worked on the original

view preservation ordinance when people were still arguing it had to

do with health. She was inspired to run for office after the council

removed from the ordinance what the commission considered the

centerpiece -- a right to a view.

“I am very close to saying this belongs on the ballot. I don’t

know that we can ever resolve it.”

One thing is sure, some folks are going to end up unhappy.

“If this was easy, we would have fixed it years ago,” said Mayor

Wayne Baglin. “There are certain trees that I think are a problem,

but I can’t be comfortable saying they don’t belong here.