Letter: Anne Frank Omits Historical Ordinance Facts

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Although most of what Anne Frank stated in her Oct. 12 “Guest Column” is factual, she has omitted material facts that explain why Laguna’s historical program is failing. Property owners know exactly what the ordinance states. They have been through the process and know firsthand why it doesn’t work.

The current inventory was created in 1981 and the registration began in 1989. The inventory is flawed, incomplete and legally void. 102 homes were registered in first four years. Applications have declined steadily. In 2017, only one application, two so far this year. One applied to get off the registry. There are many historical homes (pre-Pearl Harbor day) that are not registered or surveyed. Why is the public boycotting the program? Here are a few “factual” reasons:

  1. Laguna is the only city that requires a registrant to sign an “agreement” (recorded with County) that encumbers their property forever. No termination clause.
  2. It is against Laguna law to apply for Mills Act directly. You must first register, sign the onerous agreement, then apply. If you are denied Mills Act, you remain under perpetual control of the Heritage Committee. Other cities have a fast track, free Mills Act process.
  3. The HC is advisory but has enormous powers. DRB, CC rarely overrule them. The members are not certified historians but political appointees. Their decisions are highly subjective and change over time.
  4. An applicant must spend months and thousands of dollars just to get to the HC meeting. Then more time/money to get Mills Act (which can be terminated). It is the only significant financial incentive for registering your home. Few want to navigate this maze.

Frank fails to point out the inventory is mandatory. You can protest, but you have no right to consent. Your home be labeled forever “an eligible resource” subject CEQA controls. If you want to remodel your home, you are guilty and must spend time/money proving the negative. The HC makes an aesthetic designation, DRB follows it, and Council denies your appeal. Your home’s value drops. Now your home is subject to code enforcement including criminal prosecution if you don’t comply.

All these problems can be avoided with a 100 percent voluntary program. Many cities do it. They don’t waste money on outside consultants. Of the 500 cities in California, about 400 have no historical ordinance.

If you want a respected, broadly supported, historical preservation program, then repeal the existing flawed ordinance and create a voluntary program, preferably without an ordinance that uses code enforcement to force your participation.

 

Doug Cortez, Laguna Beach

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