Right-to-View Ordinance to Get a Look

LAGUNA BEACH — Tackling the most controversial issue in town, the City Council will have a special meeting Tuesday night to consider an ordinance that would make Laguna Beach the first city in the county to declare a resident’s right to a view.

The ordinance would recognize a resident’s right to maintain “a reasonable amount of the view and/or sunlight” that existed when the person bought the property or when the law takes effect, whichever came last. It outlines a procedure involving mediation and arbitration that residents can follow to settle disputes that arise over trees or shrubbery that block ocean views.

The issue has divided residents here, and council members say they have been bombarded with telephone calls on the subject.

“I find this a remarkable issue because not only are there an equal number of people for and against, but it’s cutting across traditional lines,” Councilman Steve Dicterow said. “I’m finding property rights people on both sides of the issue, environmentalists on both sides of the issue. . . . Normally in Laguna, things split down predictable lines, but not this one.”

The View and Sunlight Access Preservation ordinance would offer warring parties a list of professional mediators who would work with a city landscape consultant to help resolve the dispute.

Should the mediation break down and the matter go to court, the law could help the plaintiff, city officials said. It would verify that the city places a high value on views and the plaintiff would be able to show that he or she followed a city-prescribed procedure in attempting to resolve the problem.

Still, the ordinance as drafted seems to have won few fans.

View preservationists want a tougher law that would be retroactive and helpful to residents who are currently embroiled in disputes. Other residents, however, say the ordinance is a threat to trees and that the city is risking legal trouble if it becomes involved in such matters.

The council could give preliminary approval to the ordinance and schedule final approval for a later date or take public comment and postpone the decision.

Also on Tuesday, the council will consider two other issues involving trees, including the question of which trees should be maintained by the city.

The meeting will be at 7 p.m. in council chambers at City Hall, 505 Forest Ave. Information: 497-0705.