View Proposal Amended by Laguna Beach’s Council

After still another long hearing on views and trees, the Laguna Beach City Council has reworked an ordinance designed to help residents recover ocean vistas that have been blocked by trees and other foliage.

While firmly supporting the intent of the View and Sunlight Access Preservation Ordinance, which provides a process for residents to resolve view disputes, the council made a variety of changes to the proposed law. One change removes controversial wording that declared a resident’s “right” to a view.

The council also decided to establish an ad hoc committee to help settle view disputes in addition to or instead of going through mediation or arbitration.

A revised ordinance should be available for viewing Aug. 1. The council is scheduled to reconsider the ordinance Sept. 2.

“I think that we’ve made fantastic progress on this,” Councilman Wayne J. Baglin said near the close of the meeting Tuesday night that was scheduled to talk only about views and trees.

The subject of view preservation has been hotly debated in the city, where residents have been fiercely protective of trees and ocean vistas. Some residents who say shrinking views reduce property values have demanded for years that something be done. Others have said the city should sidestep such controversial matters.

Initially, view preservationists offered a proposed ordinance for the city’s consideration. More than a year ago the Planning Commission began crafting its own version, which some view proponents felt was not tough enough. The council decided that version also needed to be revised.

“I think we need to soften this ordinance as much as possible,” Councilman Wayne L. Peterson said Tuesday night.

The ordinance had said residents should be entitled to maintain “a reasonable amount of the view and/or sunlight” that they had when they bought their property or when the law took effect, whichever came later. It outlined steps involving mediation and arbitration that residents would have to have taken to establish their view “right” before taking the matter to court if talks failed.

But on Tuesday night the council said wording should be changed in the ordinance to make it clear that the purpose is to help resolve view disputes, not provide a path that might lead to litigation.

Since the Planning Commission’s version of the ordinance was not retroactive, it would not have helped people currently embroiled in view disputes. Council members, however, indicated Tuesday night that all residents should be able to use the ad hoc committee to try to settle their differences.