Letter: The Promenade – A Regulatory Compliance Perspective

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As a working land use and enviro-analyst, it’s been more than interesting to see both residents and City Hall wrestle with the COVID-19 crisis. I have yet to read or hear a view of three key modulating aspects post-lockdown.

The Promenade on Forest Avenue is the most glaring example of temporary fixes. However, it should be noted that economic band-aids to assist our merchants have occurred all over town, and many individually, perhaps more important cumulatively, have regulatory compliance consequences.

First, under the California Environmental Quality Act (CEQA), both alterations in isolation, as well as potentially significant cumulatively adverse impacts, must be addressed. This is a key CEQA checklist item found at the end of a guiding Initial Analysis (IA).

Secondly, there’re those pesky local ordinances, like right-of-way, encroachments, setbacks, permanent “creeping.” Along PCH, a Caltrans domain, our City should be working collaboratively with the state agency, but apparently isn’t.

Third, we need to be constantly vigilant and mindful of the California Coastal Commission as we’re the local lead agency delegated with oversight regarding the Coastal Act. A lot of time and money has been spent on hearings and legal challenges, as we locals have witnessed.

Sidewalks along thoroughfares and side streets have been encroached upon, modified without input or consent, championed. Laissez-faire with no ramifications, no enforcement, no penalties, nary a discouraging word. This limits pedestrian circulation. Part of the Smart Streets movement has been ignored, mostly we have bicycle enthusiasts solely waving that banner in defense of mobility.

Parking spaces have been significantly reduced in number, which reduces general public access, one of the Coastal Commission’s biggest issues.

The Promenade, if left as a permanent installation, includes several of the formerly forbidden or discouraged compliance boxes, with no CEQA, Caltrans or Coastal Development Permits pulled. Additionally, it totally changes the vehicular circulation element, a definite CEQA IA checklist item. Come summer and re-opening, does anyone at city hall really know where drivers will choose to go at peak hours?

Where is this City addressing CEQA compliance, not just individual but cumulative impacts? Are the numerous encroachments onto sidewalks going to stay without permits, without enforcement?

Daniel Webster said, “A strong conviction that something must be done is the parent of many bad measures.”

Now is the time to mull over the wisdom of that adage.

Roger E Bütow, Laguna Beach

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1 COMMENT

  1. This is how our coastal neighbors to the south in San Clemente are addressing main thoroughfare incursions by merchants: Being given generous and more than ample warning, try charging them for taking up parking spaces and using the community services we, not they, pay for! This isn’t NIMBY syndrome, it’s called reality, wake up and smell the coffee (or whatever is wafting through the air, never know in Laguna).
    https://www.sanclementetimes.com/city-to-charge-restaurants-fees-for-outdoor-dining-spaces-on-public-parking/
    I ultimately agree with John Thomas, let the tourists subsidize their adverse impacts, pay-as-they-play.
    Meanwhile, with re-opening, the City should treat businesses as they did in the past: Stay within your CUP footprint or else code enforcement will show up. Sidewalk displays, over-sized signs, et al, either amend ordinances in an open hearing, transparent process or follow Occam’s Razor: Simplest solution is to learn from SC, give merchants 90 days (until our endless summer DOES end, tourists mostly outta here right after Labor Day) notification on the City’s intent.
    That also can serve as a buffering notice, to avoid legal challenges.
    City Hall is still seeking a spine, waffles and avoids hard decisions…….announce this now and consider such fees for Laguna to mitigate what we’ve struggled with for years: Phantom parking space credits, grandfathered yet non-existent.
    Every block is under-parked, including upstream of PCH neighborhoods.
    It’s one thing to be TAKEN hostage, another beast to constantly facilitate and fiscally underwrite your own incarceration.

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