Laguna Groups Still Don’t See Eye to Eye on Right to a View

LAGUNA BEACH —  The Laguna Beach Planning Commission continued to debate late Wednesday a controversial proposal that would make the city the first in Orange County to establish a homeowner’s right to a view.

The debate pitted environmentalists who want to preserve the city’s trees against some homeowners, including those who say the trees block their ocean view.

Both sides argued Wednesday that the proposed preservation ordinance is unsatisfactory. Under the proposal, residents would have a right to a view but would be required to keep their trees trimmed and maintained.

“The ordinance is watered down,” resident Claudia Redfern said. “It does not support the homeowners who are being offended by the people who continue to plant trees.”

Countered resident Roger McErlane: “I bought my house because of the trees. I don’t think the ordinance solves anyone’s problems.”

The City Council is expected to address the issue on May 13.

The ordinance would recognize a resident’s “right to preserve a reasonable amount of the view and/or sunlight” that existed when the individual bought the property or as of the day the law became effective, whichever came later.

The ordinance outlines steps for residents to resolve view disputes through mediation, then arbitration, and then the courts. The mediators would be professionals who would work with a city landscape consultant to help resolve the problems, instead of having the city’s Design Review Board act as the mediator, as the commission had last considered in February.

“I’m proud of the job the Planning Commission has done trying to evaluate the pros and cons of the ordinance,” commission Chairwoman Elizabeth Pearson said. “This is probably a workable solution. . . . For now, I think we ought to give this a try.”

The controversy over whether the city should become actively involved in helping residents maintain or recover views has been brewing in Laguna Beach since proponents offered a tougher ordinance for the city’s consideration about two years ago.

On one side are property rights advocates, who say property values drop when trees or other vegetation are allowed to block views. On the other are environmentalists, who say they worry that residents will simply chop down their trees rather than do battle with an irate neighbor.

“This is saying first you’re going to go to mediation, then to arbitration, then you’re going to possibly go to court,” said Ann Christoph, a landscape architect and member of the Laguna Landscape Conservancy, a group that formed last fall in response to the view controversy. “Maybe they don’t have the money or the time or the health to deal with this. So they say, ‘I’m not going to hassle with these people, I’m just going to cut my tree.’ ”

But view preservationists such as resident Dave Connell argue that the ordinance needs to be tougher. He said besides view obstruction, overgrown trees and vegetation can create safety and health problems for the community.

“We’re not striving to get rid of all the trees,” Connell said. “We want a balance between views, safety and the vegetation.”

Other cities throughout the state have similar statutes, including Tiburon, Belvedere and Berkeley.

Even if the council approves the ordinance, conservancy member Chuck Trevisan said, he would begin a petition drive to place the question before voters.

“If the City Council actually . . . approves this, I’m going to get enough signatures for some type of referendum,” he said. “I think we ought to vote on it and find out what kind of town we want to live in.”