A more muscular law governing historic preservation in Manhattan Beach came a step closer to implementation Tuesday night with several decisions made by the City Council.
The council had previously resolved to hire an expert to help craft such a law after passing the Mills Act, which gives homeowners tax incentives to maintain the historical integrity of their houses.
Some of the details were fleshed out Tuesday night to reveal an ordinance with much more power than the voluntary one implemented in 2006.
Council will be able to landmark a property and therefore prevent it from being demolished without its owner’s permission, in certain cases. Landmark status can be sought by the owner, the city or a preservation group.
Homeowners who fall within a designated historic district will have to follow certain rules which will be decided by the council.
Community Development Director Marisa Lundstedt said that in recent discussions over downtown’s development, “We’ve heard numerous times that people want to preserve the small beach town character.”
“The purpose of this ordinance is directly in line with that,” she said. “But it’s citywide.”
The decision not to allow homeowners to opt out of a historic district will allow the city to seek up to $40,000 in federal money with a 40 percent match of funds from the city.
Experts including the state Office of Historic Preservation urged the council not to allow people to opt out of historical districts, as the planning commission had recommended doing.
“They felt it was a balanced approach,” said City Planning Manager Laurie Jester. “They had a lot of concern about private property rights versus the good of the community.”
Jester also explained the drawback to allowing people to opt out.
“The concern is it would erode the whole concept of a district,” she said. “You could have disjointed districts that may not be cohesive.”
Ultimately, the council chose not to follow the planning commission’s recommendation. Instead, it increased the percentage of neighbors’ signatures required to petition the future historic preservation commission to consider designating a historic district from the recommended 25 percent to 60 percent, and the percentage of neighbors’ approval from 51 percent to 60.
The council’s decisions were in line with the majority of spoken and emailed comments.
“The ordinance is not taking away something from people,” said Jan Dennis, a former mayor and local historian who initiated the council’s consideration of the Mills Act. “It’s giving to residents, to visitors and to future generations. It’s giving them a sense of home. You folks can do something about it and save what we have left.”
Her statement drew applause from the audience of about 30.
“It’s been a little discouraging over the years to see the South Bay is not at the forefront of historic preservation, but this council is taking steps to move forward,” said another longtime resident. “It really is important that you don’t include the opt-out—it essentially guts the districts. There won’t be many. They won’t be large. But it will be a meaningful opportunity.”
However, some residents said the provision would infringe on their property rights.
“While historic preservation is a nice idea, it should never impose on the rights of the individual to maximize the use of their property,” wrote Kris Terrill in an email to the council.
The council said it understood residents’ concerns but thought their rights would still be protected.
“I really struggled with this because I want to protect property rights,” said Councilmember Amy Howorth, “but I also want to protect the character of our small beach town.”
Councilmember Tony D’Errico said he thought the chance of having a historic district, which could include as few as three houses, would be low.
“The letters against [historic districts], as I read them, tend to be letters of fear,” said D’Errico. “I heard from people who were afraid their neighbors were going to gang up on them and declare a historical district.”
Burton said the law would enhance property rights.
“Now we’re giving property rights to people who want to preserve their historic houses and get tax breaks,” said Burton.
The council also approved having a five-member historic preservation commission. Two members must be professionals from relevant fields. Members will be appointed by the council in the same way that the members of the city’s other commissions are.
The council’s votes Tuesday were unanimous.
“We need to preserve our historic housing stock,” said Councilmember Wayne Powell. “It’s the very fabric of our community. Some people have said it’s too late. It’s never too late. If we don’t do something now, we’ll never get these homes back.” ER
