Laguna Beach Ignores Property Rights

The city council of Laguna Beach, in an unanimous decision, approved a new ordinance reducing the maximum allowable driveway and access road grade to 12%, in spite of strong and vocal opposition from affected property owners. This results in many remaining hillside properties becoming undevelopable and these property owners suffering millions of dollars in property losses. This was the fourth time that it was attempted to pass this ordinance, spearheaded by the city manager, Ken Frank, in a thinly veiled attempt at preventing further development. However, this time, ostensibly in the name of safety, he succeeded with the help of the city council. Jane Egly,Cheryl Kinsman, Kathleen Pierson-Schneider and Steve Dicterow all voted for its passage. The latter three had actually campaigned on upholding property rights but totally reversed their stance. This passage seems more baffling for the city, while it is trying to cope with extra expenditures generated by the Bluebird Canyon landslide,has now exposed itself to lawsuits and the potential of multi-million dolar settlements if even one "taking" suit is upheld. This exceptionally hilly city where some grades approach 30%, became the most restrictive city as to grades in California! Paul Allione, an affected property owner who spoke at the city council meeting said,"Many property owners who will be affected by this decision were not even notified of this hearing. I urge that this issue be sent back to the Planning Commission for further evaluation and input from these owners. This is purely a property rights issue and it is a taking of our property. My subdivision will become undevelopable and I will lose multi-millions of dollars!" Several attorneys and land use consultants spoke on behalf of their affected clients and also urged this ordinance be rejected. This was to no avail for the city of Laguna Beach continued their abysmal record on property rights issues. However, this time, the city council also ignored the environmentalists for this reduction in maximum grade will result in unnecessary and environmentally damaging extra grading in order to meet these more stringent requirements. A variance mechanism was put in place to enable certain properties to qualify, but the city of Laguna Beach is notorious for not granting variances.

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