City: No building on lots

A unanimous City Council took about three minutes Tuesday night to back the decision by the Community Development Department director that three lots in South Laguna are not legal building sites.

The council agreed with Planning Director John Montgomery because the lots they did not have the required frontage on a paved road, a determination appealed by the property owners. Street frontage would make the lots legal building sites, although the property owners claimed they were not proposing to develop the parcels or sell them.

“We are not developers; we have no intention of developing the lots, and we have no intention of selling them,” said owner Don Reynolds. “We just want the properties evaluated.”

Reynolds said the family had no idea the lots were not legal building sites until they sold a nearby property and learned about real property reports. The family bought the parcels between 1939 and 1944, with the understanding that they were legal building sites and have paid property taxes all these years, according to the appeal.

The lots are located between Monterey Street and South Coast Highway, along a pathway used by residents in the area as a safe pedestrian access to the beach.

Reynolds said that when the parcels were purchased, the pathway, known as Aliso Street, was regularly used by vehicles and a right of way providing access to their land and is still held as a public right of way by the County of Orange.

“Although maintenance is infrequent, it can still be used,” Reynolds said.

Residents in the area opposed the request, some of them upset by even the possibility of development of the parcels in the future.

“Neighbors vigorously support staff on this issue,” said resident Greg O’Loughlin.

He said making the lots legal building sites would mean building would happen.

“If they don’t want to build, why do they want permission to build,” said neighbor Debbie Naudé.

Pedestrian safety and expediency was also an issue for neighbors.

“My mother used that [beach] access; I used it; my children used it and my grandchildren use it,” said Isabelle Stires. “If the property is sold and developed, residents will have to go to West Street to get to the beach.”

South Laguna resident Ginger Osborne opined that mixing vehicular and pedestrian traffic is a bad idea.

Reynolds said the very short Aliso Street right of way would not need full street improvements and an open vehicular use of that small right-of-way area would not be needed. A simple driveway would provide adequate access to the private property and for pedestrian beach access use, he contended.

“The family doesn’t want a paved street; the county doesn’t want a paved street, but they [the Reynolds’] can’t go to a buyer because the property isn’t on a paved street or use it as collateral,” said Mark Seller, the Reynolds’ representative. “They can’t even donate the property because it has no value, according to the report.”

Mayor Pro Tem Cheryl Kinsman led off the council comment with a motion to uphold Montgomery’s decision.

“These are not legal building sites,” she said.

“Yes,” she said when asked by Mayor Jane Egly if that was a motion.

Councilwoman Elizabeth Schneider seconded the motion, which was carried unanimously.