Commentary: View ordinance draft needs important changes
The Laguna Beach City Council will consider the latest draft of the view ordinance on Thursday.
The Citizens for View Protection and Restoration Steering Committee was created in 2013 when then-Mayor Kelly Boyd announced that he wanted a view ordinance “with teeth.” CVPR has gained the support of more than 200 Laguna homeowners who want a strong ordinance.
An ordinance should be so well-done that few residents will avail themselves of the view permitting process and work privately to resolve their disputes.
In the past 16 months, many public meetings have been held and hundreds of comments have been heard. It is clear that the people of Laguna Beach want a strong ordinance that will protect and restore views that existed when their homes were first permitted and constructed.
At a March 25 council meeting, council members summarized their positions and wishes for the final ordinance. The latest draft includes some changes supported by council members and CVPR. In particular, we are pleased to see the Hedge Height Ordinance remain unchanged, the claimant-required indemnification removed, and a shift in restoration costs to the property owner who has failed to maintain his or her vegetation.
Unfortunately, the new draft still contains provisions that CVPR and several council members oppose. In order to fulfill the promise of an ordinance with teeth, we urge the council to revise the ordinance as follows:
1. Remove the right of the vegetation owner to unreasonably withhold consent for removal of vegetation if so ordered by the View Restoration Committee. This provision would give unreasonable power to the vegetation owner to stop a view claimant from filing a claim. At the least, any consent to remove vegetation should not be unreasonably withheld.
2. A determination of “replacement” should include a “holistic” landscape plan similar to what the Design Review Board now requires. The ordinance fails to describe those benefits, which may outweigh the benefits of the removed vegetation. Benefits that should be included are reduction of fire hazards, reduction of water usage and increased sunlight. Reasonable consent will be attainable when all of these benefits to both parties are considered.
3. Allow owners of guest homes to apply for a view permit. Many historical homes in Laguna have guest houses. To exclude these secondary structures is not right or fair to those property owners who have lost views from their guest homes. The definitions of “view” and “view restoration” should include guest houses as an integral part of a “principal residence.”
4. Several council members stated they wanted a way to help homeowners who had long-standing egregious view blockage dating to before 2003 or the date they purchased their homes. We recommend that the date of purchase and 2003 be removed as barriers to applying for a view permit. The View Restoration Committee should be empowered to address egregious view impairment situations.
CVPR conducted a survey and found that more than 64% of view-impaired properties have suffered a view loss dating back more than 10 years. This makes the 2003 date and the date of purchase ineffective for many.
We urge all Laguna homeowners to attend Thursday’s meeting and request that the council address these remaining problems so we can pass a view ordinance that will reflect the will of homeowners in Laguna Beach.
The CVPR STEERING COMMITTEE is made up of Steve Caporaso, Greg Gilroy, Wayne Phelps, Katie Koster, Doug Cortez, Roxane Simon and Marianne Blume.