By Tom Larmore
Reading the attacks made by its opponents, one would think Measure A — the Homeowners Freedom of Choice Initiative — would lead to the destruction of Santa Monica as we know it and mysterious and greedy land speculators are licking their chops (not to mention envelopes containing huge donations).
Of course, this is all sheer nonsense. Measure A, which will be in front of voters next month, is a simple change to the city’s Landmarks Ordinance sponsored by existing homeowners in single-family neighborhoods. It will do nothing more than give those owners the right to decide whether their homes should be subject to the severe restrictions contained in that law.
There are some irrefutable truths which caused hundreds of homeowners to actively support Measure A through donations of time and money: 1. The landmarks ordinance permits the city, through the Landmarks Commission and City Council, to designate homes as landmarks or structures of merit or include them in historic districts, over the objection of those owners. And this is not simply theoretical. Measure A grew out of a designation by the commission, upheld by the council on appeal, of a home on 18th Street as a structure of merit over the owner’s vehement protests. 2. The landmarks ordinance is not a zoning law, such as those which restrict the building of “monster mansions.” This is because it does not apply to everyone, only to those unfortunate souls who own homes selected by the Landmarks Commission. 3. Once a home is designated in one of these categories, virtually any changes to its exterior will be subject to review by the Landmarks Commission, an expensive and time-consuming procedure at best with no assurance of success.
The possibility of frustration was demonstrated last year when the commission and the council denied a homeowner in an existing historic district to add a garage to her home in a manner similar to those in surrounding neighborhoods and supported by the opinion of a well-respected preservation consultant. 4. Last April, the commission received a report from another consultant listing hundreds of homes north of Montana Avenue that could qualify as potential contributors to one of several recommended historic districts. The city has lists of other homes in single-family neighborhoods which also are considered potentially historic, although the owners have never been notified by the city of this dubious honor.
Measure A simply restores control over these important decisions to individual homeowners. One’s home is a matter of intense and emotional personal choice. So long as I comply with all generally applicable zoning and building laws, why should four or five individuals sitting on the Landmarks Commission have the right to tell me I can’t make the changes to my home that I desire?
One’s position on Measure A depends upon how one views the place of single-family homes. Do they belong to the current owner who should have the right to make changes he or she finds suitable within the confines of zoning laws that apply to everyone? Or should we give a small body of commissioners the power to prevent changes by some that could be made by others?
Measure A restores fairness to the process by preventing some homes from being singled out for special, and extensive, restrictions without the consent of the owner. It is simply a matter of allowing a homeowner the freedom to make his or her own decision in an area of great personal importance.
In this 30th anniversary of Roe v. Wade, when many of us rightly celebrate a woman’s power of choice, it seems incongruous to deny homeowners the power to decide for themselves the type of home suitable for their families. (Tom Larmore is a local property rights attorney and a Santa Monica resident.)
Originally published in the Santa Monica Daily Press print edition on January 22, 2003. Read the original PDF.