New rules on preservation

Owners may be penalized up to $100,000 for altering protected structures.Owners of historic properties could be fined as much as $100,000 for illegal demolition of a structure listed on the Laguna Beach historic inventory under amendments to the city’s historic preservation rules approved Jan. 10.

The penalty provision -- in addition to withholding building permits and requiring restoration -- was included due to an increasing number of violations in Laguna that led to little or no penalty to the owners, city staff said.

Structures considered for placement on the historic register must be at least 50 years old and have historic, architectural or cultural value. Certain listed structures may be eligible for property tax reductions under the state Mills Act as an incentive for the owners to restore them.

The council adopted amendments to the municipal code and the local coastal plan that update the historic resource element of the city’s General Plan and requested certification by the California Coastal Commission.

Notable changes in the ordinance include:

* New requirements for a structural and historical assessment of the building that identifies the character-defining features required for all additions and alterations of historic structures, clearly identifying which features will be removed and which will be retained;

* A public hearing requirement for properties listed on the historic register whose owners are applying for “preservation benefits”;

* Requirement for a preconstruction meeting between the property owners, a city inspector and staff or Heritage Committee members to clearly identify the character-defining features that must be retained;

* Requiring a 90-day waiting period for all demolitions to consider relocation and/or documentation of the structure;

* A requirement that property owners complete and record an agreement acknowledging the owners’ obligations and responsibilities;

* Establishment of criteria for structures to be considered for placement on the city’s historic register; and

* Limiting Mills Act tax benefits to structures rated as E (exceptional) or K (key) on the city’s historic inventory.

-- Barbara Diamond