14 lagunabeachindy . com MARCH 31 , 2023
GUEST OPINION :
Clearing up ‘ Confusion ’ over New Blufftop Development Standards
By caTheRiNe JURca
On March 21 , the city manager cited public “ confusion ” as the reason to postpone council ’ s vote to change Laguna ’ s blufftop development standards . I wonder how many residents were , like me , less confused than upset — at the extent of the proposed changes , potential environmental impacts , and poor public outreach .
Under the proposed changes ,
qualifying properties could receive a “ site-specific blufftop setback or encroachment ,” which would be “ more than zero ” but less than the current , mandatory 25-foot setback ( March 7 Staff Report , pp . 2 , 5 ). A property would need to fall into a “ low erosion ” category , which most oceanfront properties in Laguna potentially do , and otherwise be “ safe from geologic hazards ” for seventy-five years . In addition , projects would have to meet other criteria , including compatibility with the natural and built environment and with “ historical ” and / or “ existing ” development patterns — staff uses these words interchangeably despite different meanings ( pp . 148-149 ).
A number of residents have objected to the proposal ’ s optimistic reliance on today ’ s science to gauge vulnerability because the hallmark of climate change is unpredictability . I share these concerns but focus here on others .
Taken together , the many changes seem designed to maximize development potential along our coast while reducing environmental protections . Staff also propose redefining a major remodel to add as much as 50 per-
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The changes specifically reduce environmental protections by eliminating existing language that requires an initial study under CEQA for all development in environmentally sensitive areas . Staff also proposes removing mandatory design review for all blufftop properties , although these properties have unique importance and visual and aesthetic impacts that many others in Laguna do not .
Staff dismisses legitimate and obvious environmental concerns . The staff report claims the proposed changes are exempt from the California Environmental Quality Act ( CEQA ) because there would be “ no possible significant effect on the environment .” They are also exempt as “ actions by regulatory agencies ( i . e ., the Coastal Commission ) for protection of natural resources … and the environment ” ( p . 10 ). Increasing development hardly constitutes environmental protection , and eliminating environmental review requirements could obviously have a significant effect .
As is the case here , most changes to Laguna ’ s policy documents must be certified by the coastal commission . In such instances , the burden of CEQA compliance shifts to the commission , which is not required to prepare environmental impact reports or negative declarations . In the past , the commission has relied on the city ’ s own environmental reviews ; it is potentially very damaging for staff to suggest that changes of this magnitude are exempt from the state ’ s landmark environmental law .
The good news is that a majority of council seemed skeptical that the changes could not have an adverse effect on the environment , and they were likewise reluctant to yield the environmental review process wholly to the commission .
The justification offered for the changes is unpersuasive . Staff claims they would reduce the number of appeals , but it is unclear how a process that starts with a scientific study but comes down to highly subjective criteria such a compatibility would accomplish that . They also state the changes would avoid “ taking ” private property . However , since 1978 in Penn Central Transportation Co . v . New York City , the Supreme Court has found that environmental safeguards that limit development potential do not constitute a “ taking .” The city already has discretion with the
25-foot setback if use of a property is precluded ( p . 5 ).
Current staff leadership has been more reluctant than their predecessors to involve the public in such important policy changes . At the March 7 first reading of the ordinance , the director of community development responded to criticisms of public outreach by referring to two previous planning commission hearings and a posting on the department webpage . He also , however , pointed to an “ architect and builder working group ” that had received “ email blasts along the way ” as evidence that “ there has been a lot of outreach for this .” Public outreach implies efforts to engage and consult the general public , not simply those who are in a position to profit from the changes .
I am not confused . These drastic changes would likely result in substantial impacts on our precious and unique coastline . They are certainly not exempt from CEQA review , and the city should both revisit the details , consulting a group larger than architects and builders and ensure that it does its own environmental analysis . Of course , there should not be barriers to maintaining , repairing and restoring existing oceanfront properties . But that is not what these changes address .
The next hearing is scheduled for April 4 . I hope you will make your thoughts known .
Catherine is a professor of visual culture and English at Caltech . She lives part-time in Laguna Beach and advocates for the preservation of the city ’ s architectural and cultural heritage .
Sports
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loss to Fountain Valley ( 18-3 ) on March 22 at Dugger Gym . The Breakers looked sharp at times but could not close out the sets .
Laird Garcia led Laguna with 11 kills and a solo block , while Kai Patchell had 8 kills , two solo blocks and five block assists in the effort . Gavin Zaengle dished out 38 assists and a team high 14 dig , while Ryan Halloran was effective in hitting with 8 kills on 16 attempts .
On March 24 , the squad lost to Marina 25-14 , 25-14 , and 25-17 as a number of key players missed the team bus to the Viking campus .
The 2022-23 high school statistics , schedules and scores are available by searching for Laguna Beach High School on the Max Preps website . Frank Aronoff can be contacted at frank @ twometer . net .