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Court upholds Laguna Beach decision to stop treating 1980s "historic inventory" as presumptive resource
Summary
A court found a lawsuit challenging Laguna Beach's 2020 change to its historic resource policy lacked merit, Mayor Alex Munaghi said, vindicating the city's move to stop treating an owner-unconsented 1980s inventory as a CEQA-level historic resource.
A court recently found a lawsuit challenging Laguna Beach’s removal of an owner-unconsented 1980s “historic inventory” from presumptive historic-resource treatment lacked merit, Mayor Alex Munaghi said on Fair Game Laguna Beach.
Munaghi said the city’s 2020 amendment to its historic resource element and related ordinance removed the inventory’s automatic status under the California Environmental Quality Act and shifted preservation to voluntary mechanisms. “This inventory...should no longer be treated as a presumed historic resource because it's not a register,” Munaghi said.
The change was prompted by property owners who had not consented to inclusion on the inventory; the inventory’s prior treatment meant some properties were presumptively treated as historic resources under CEQA, which Munaghi said created uncertainty for owners seeking routine repairs or remodels. The mayor said the city’s separate historic register and programs such as the Mills Act remain available for owners who wish to pursue historic designation and its benefits.
Munaghi said he attended court with the city attorney and Council Member Kemp and that the judge’s questions during the hearing showed problems with the lawsuit’s claims. “I think this is a win for property owners in the going to be just a win for our residents,” Munaghi said. He added there is an appeal period but that the written ruling, issued about two weeks earlier, appeared decisive.
The mayor described the inventory as originating in the 1980s, and said the 2020 City Council action made the inventory voluntary rather than presumptive under CEQA. He said the city will continue to promote historic preservation through the formal register and incentives such as the Mills Act but will not enforce a list that lacked owner consent or a fair methodology.
The entry on the inventory and the court ruling affect property owners and development reviews subject to CEQA processes; Munaghi framed the ruling as clarifying the limits of applying presumptive historic status when owner consent was not obtained.
No council or city vote was recorded in the interview; the discussion reported on the court’s decision and the city’s existing programs and policies.
