Historical Preservation Ordinance: CEQA’s role is misunderstood
Please attend the Council meeting, Dec. 16 [at] 9 a.m. The Planning Commission ordinance revisions expand the definition of an “historical resource” under the CEQA law. Hundreds of homes Laguna will become subject to time consuming historical reviews at your expense.
CEQA grants each city the legal right to enact, or not, an historical preservation (HP) ordinance, in their sole discretion. There are over 500 cities in CA. The CA Office of HP reports less than 100 cities have HP ordinances. Ron Parsons, State Historian told me “there is no legal requirement that a city have a registration program or an inventory”. Over 400 cities have opted not to have a HP law.
The proposed revisions build on the flawed 1981 survey. Using the drive-by opinion of a paid consultant the list is now about 1018 and each is “recoded”. This list includes some of 298 homes now on the old “registry”. This means over 720 homes will be “un-registered” but designated a HR against your will. It gets worse. All homes over 70 years old will be treated as HR’s. In time, thousands of homes will become subject to costly historical reviews. You will be “presumed guilty” and forced to defend your home at your expense. All based on an arbitrary consultant’s opinion. Dozens complained about this at the PC meetings, but some commissioners said Sorry, CEQA is making us do this!” Not true.
The ordinance requires registrants to sign an undefined “agreement”. The actual agreement (not on-line) co
mmits all current and future owners to accept control of your home by the City ... forever! It appears Laguna may be the only city with this onerous agreement. It denies due process, excludes the right to terminate, and forces you to accept change of law risk. It conflicts violently with the 10 year Mills Act contract.
The City Council should reject the revised ordinance, suspend it, and instruct the staff to design a new ordinance which respects homeowner rights and immunizes owners from unwanted CEQA controls. All registrations should be strictly voluntary. There is no need for expensive inventories or surveys. Mills Act contracts should be the only incentive. Stop the practice of forcing a homeowner on a perpetual registry before they can apply for Mills Act. Other cities don’t have this disincentive.
Other cities have preservation society charities (Laguna has none) which has proven that the historical character can be preserved by voluntary actions and residents who love our history. Design Review has done a good job of protecting each of us from a neighbor who wants to “mansionize”, block iconic views, or disrupt the historical pattern of development. Other than a voluntary registration/Mills Act program, we don’t need this complicated, unfair, over reaching “revised” ordinance.
Doug Cortez
Laguna Beach