Coastal Commission gives its approval to Laguna Beach’s historic preservation ordinance

The California Coastal Commission approved Laguna Beach’s contentious historical preservation ordinance on Thursday, ending a years-long effort by the city and its residents to balance property rights with the preservation of historic resources.

The city initially approved amendments to the ordinance that would change it to be a strictly voluntary program in August, but it required approval from the state before it could be implemented.

“We are pleased the Coastal Commission approved the revisions to our historic preservation program, which allows the city to retain its historic character and evolve thoughtfully over time,” said Laguna Beach Mayor Sue Kempf in a statement. “This revised program will bring the city of Laguna Beach into better standing with state law and clarifies the preservation process.

“As a city council, we spent a lot of time and care reviewing our obligations and felt strongly we wanted to go above and beyond what state law requires to offer enhanced incentives for historic preservation to our community. Through the Mills Act and other enhanced preservation programs, we empower Laguna Beach property owners to explore the benefits of historic preservation.”

Among the changes to the ordinance is the removal of the city’s existing inventory of historic resources from 1981, which was acknowledged in the 1989 historic preservation ordinance.

Other updates include the usage of state codes to replace the city’s current local historic rating system, concurrent review of applications for the historic register and incentives, elimination of age of the property as a criterion and changing when design review is required for historic properties. It also clarifies the definitions for what is a historic property and expands incentives.

Efforts to update the ordinance began in 2013 as the register became outdated with a number of its listed structures having been updated, modified or outright demolished. More than 30 workshops and meetings were held to craft the changes since 2015.

Owner consent is explicitly established as a criterion of eligibility to be included on the city’s historic register and it is this, among other concerns, that conservationists have largely taken issue with throughout the debate.

In a statement issued by the city announcing the approval, city officials say the program still affords strong protections of historic resources, but Laguna Beach Historic Preservation Coalition president Catherine Jurca said in a letter addressed to the Coastal Commission that the organization was strongly opposed to the ordinance amendments as it “would eliminate protections for hundreds of identified and potential historic resources.

“Six million people visit Laguna Beach each year. They come for the ocean, and they come for the historic environment. Visitors as well as residents strongly oppose these changes,” wrote Jurca. “The revisions will irreparably damage Laguna’s historic fabric and ability to tell its story as a unique historic California beach town.”

Jurca, along with other organizations such as the National Trust for Historic Preservation; Save Our Heritage Organization; and the Los Angeles Conservancy, wrote in opposition to the proposed changes — namely, the “owner consent” provision — that allegedly run counter to the purpose of state and local preservation laws.

“Is a vernal pool not a vernal pool because the property owner doesn’t want it to be?” argued Save Our Heritage Organization executive director Bruce Coons and senior historic resources specialist Amie Hayes in their objection letter.

Conservationists filed a lawsuit in Orange County Superior Court in January against the city of Laguna Beach.

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