Laguna’s Heritage Committee weighs in on historic preservation ordinance

One could argue that no other Laguna Beach law has received more scrutiny in the last three years than the city’s historic preservation ordinance.

The tendency to heartily examine the law was certainly true during Wednesday’s workshop with the Heritage Committee, whose members wrestled with varying legal perspectives regarding a group of houses that a city-hired consultant says contribute to the overall character and history of their respective neighborhoods but are not individually historic.

It has been nearly three years since the city embarked on revising the ordinance, which involves updating a 1981 inventory that had more than 800 pre-1940s houses considered historic based on a handful of factors, including architectural style and association with important historical events or significant people.

The committee, in a 4-3 vote, recommended considering C-rated structures — the lowest rung of Laguna’s three-letter scale for preservation purposes — as important to the city’s historical fabric and deserving of protection under the California Environmental Quality Act (CEQA) when they’re being considered for remodels and alterations.

The vote followed a debate that illuminated the intersection of local design and aesthetic guidelines with state and national standards and the interplay of property rights with historic preservation in a city known for its beach cottages and craftsman bungalows.

“There is no reason why people can’t update the interior of houses, express their creativity and have modern kitchens,� committee member Regina Hartley said. “The outside look of neighborhoods is so important. If we don’t call them historic they are going to go away.�

Committee member Clark Collins said rules should not be so strict as to hinder creativity.

If they are so restricted by the secretary of the interior’s standards, “I think we lose the ability to be flexible, to give [homeowners] freedom they should have,� he said.

City staff acknowledged C-rated properties are important for their “contribution to the village atmosphere, historic presence and neighborhood character,� but are not considered historic resources under CEQA, according to the draft ordinance that will receive further editing.

Organizations that advocate for preservation, such as Village Laguna and the South Laguna Civic Assn., disagreed. The groups hired an attorney, who wrote a letter to the city prior to Wednesday’s workshop.

“CEQA defines a ‘substantial adverse change’ in a historical resource when a project ‘demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register … ,’� attorney Deborah Rosenthal wrote, citing state law.

Changes that could trigger CEQA review include removing character-defining features, such as replacing doors and windows or altering roofing materials.

The Design Review Board, Planning Commission and City Council will eventually review the ordinance.

Laguna hired historical consultant Jan Ostashay to update the inventory.

Ostashay whittled the list to 550. She surveyed properties from the street, weeding out some houses that had been demolished and other homes wrongly deemed historic.

Properties with an E, the highest rating, and K embody the distinctive characteristics of a time period, region, construction method, or represent work of an important creative individual, according to the draft ordinance.

Under the proposed ordinance, owners of E, K, and C properties would be eligible for reduced parking requirements and waived building and permit fees that are otherwise only available for houses on the city’s historic register. The register is a voluntary list that contains 300 properties, according to city staff.

Committee member Michael Boone requested staff develop a guide that includes specific design styles of what is and is not allowed for C-rated properties.

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Bryce Alderton, [email protected]

Twitter: @AldertonBryce