LAGUNA BEACH : City Wins Round With Developer

The city has won a second round in a legal dispute over the proposed development of a South Laguna hillside above the Three Arch Bay community, city officials said Monday.

Before South Laguna was annexed by Laguna Beach, the owner of the 11-acre parcel submitted an application to the county to subdivide the land for 24 residential lots. When the county did not take action before the December, 1987, annexation, the landowner maintained that the application was approved by default under a state law in effect at the time, Laguna Beach City Atty. Philip Kohn said.

On June 28, the state Court of Appeal upheld a lower court decision favoring the city, which said a proper application was never filed by the landowner, Orange County Real Property Investments Inc., Kohn said.

If development is to proceed, the landowner must now file an application with the city and comply with the more stringent land-use regulations that govern Laguna Beach.

“The likelihood is that the number of dwelling units they will be able to build will be less than they were seeking to get approved from the county,” Kohn said.

Any development would have to be preceded by studies to assess its impact on the environment and traffic, City Manager Kenneth C. Frank said.