Letter: Asking for a Simple View Ordinance for Laguna Beach

Submitted by Howard Hills:

Our civic literature is enriched by the nature writing of Ellen Girardeau Kempler. Her "keep it wild" essays for the Laguna Canyon Foundation always eloquently articulated sound environmental ethics.

Ellen's ode to eucalyptus trees (Indy, Feb. 22) took me back to barefoot walks on warm summer mornings in the North Laguna neighborhood where I lived at my grandma's house.   I used to gather eucalyptus leaves, scarlet flowers and gummy pods in my hands, rub them together briskly and inhale the vapors.   

When I do that now it still evokes vivid memories of lost days exploring Boat Canyon as a young boy, before the unwelcome advent of Riddle Field or the shopping center.   I still marvel at graceful alabaster limbs of tall eucalyptus trees swaying in the wind, like sinewy arms of human dancers adorned in tufts of blue-green leaves, shimmering in the golden horizontal light of sultry summer afternoons.   

Of course, in this season of our civic life sentimentality about trees sparks discussion of the Mayor's view ordinance initiative, which I strongly support. 

Personally, I never had issues with downhill neighbors whose trees encumbered somewhat my ocean views, but then I am a tree lover and my neighbors responsibly maintained their trees.  I promptly cut trees on the uphill side of my property close to roofline height at my own expense whenever asked to do so by a neighbor.    

The natural and cultural history of Laguna Beach sustains civic and aesthetic values under which maintaining trees trespassing upon an uphill neighbor's ocean view against that person’s wishes is an inherently anti-social act. 

It is true as Ellen notes that trees appeared in some works by plein air masters, but mostly in canyon landscapes and paintings of early settlement.   In most early seascapes and shoreline scenes trees were not central to the state of nature depicted.  

Thus, an objective standard for view preservation is consistent with our original aesthetics.  Preservation of open space and village charm by restricting large scale building, only to then allow towering non-indigenous trees to block ocean views, is an irrational double-standard that enables neighbors to trespass against neighbors.

If done right, a view ordinance can reverse the trend favoring dysfunctional models of land use regulation based on subjective and arbitrary practices by appointed bodies that pit neighbor against neighbor, and usually split the difference on disputes so everyone ends up mutually miserable.   

It too often makes for bad design and a civic culture I call  "Redondo Beach of the mind."   We need a simple ordinance that defines a simple policy.  Either neighbors agree trees are OK or city inspects and certifies if trespass to view is occurring based on objective criteria.  If so tree owner either complies or there is liability to comply, including fines if trespass continues.  

No citizen adjudication, instead city staff plays its proper role applying ordinance, and cost of compliance is included in certification of violation.  That way impacted neighbor can go to small claims court and get judgment. Taxpayers can't afford any more City Hall bureaucracy, we already pay for small claims court judges, let them earn their pay.

That's just one idea, but however it is done, keep it simple and objective, even better keep it impersonal. Making local government management of property rights a political circus has done more harm to Laguna Beach than teen drinking, plastic bags, carbon emissions, parking shortage or many other social issues that concern so many.    

Howard Hills is a third generation Laguna Beach native who has been active in city policy affairs since 1967.