Laguna Council Cuts ‘Fair’ Compromise on Illegal Housing

The Laguna Beach City Council, in a bid to end a bitter dispute, voted Tuesday night to bar illegal second apartments in South Laguna within five years.

Some leaders for both sides called the council’s decision “fair.”

Doug Turkot, a member of the Assn. for the Preservation of Diversity in South Laguna, praised the council for its “humanistic” approach but said, “I know people on both sides are probably really disappointed.”

On a 4-1 vote, the council accepted City Manager Kenneth C. Frank’s recommendation for a five-year grace period in which to bring most of the illegal units in South Laguna under the area’s R-1 zoning for single-family residential. However, those units found to have faulty wiring or other safety hazards will be required to meet building code standards within 30 days.

The council made exceptions to the five-year period for elderly tenants, as well as for property owners with multiple “bootleg” apartments on their property.

In the case of illegal units whose owner-occupants and tenants were 60 or older as of Dec. 31, 1987, the inhabitants would be allowed to remain in the units for the rest of their lives.

Property owners with multiple “bootleg” units would have a five-year grace period for one structure, but each additional unit would have to be torn down after one year.

Converted garages would also be subject to the one-year grace period, unless there are at least two off-street parking spaces on the site.

Homes with apartments listed on county property tax rolls and on loan documents at the time of purchase would be permitted to exist until a change of ownership occurred, at which time the second unit would have to be eliminated.

Rest of Laguna Beach

The council also directed city staff members to return within a year with a recommendation for a law covering such second units for all of Laguna Beach.

State zoning regulations define an illegal second unit as “an attached or detached residential dwelling unit (that) provides complete independent living facilities for one or more persons, (including) permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling is situated.”

When South Laguna was annexed to Laguna Beach on Dec. 31, the city began investigating more than 100 complaints--previously registered with the county--alleging building and zoning violations in South Laguna.

In 1936, the county designated South Laguna’s zoning as R-1, limiting residential construction to one single-family dwelling unit per parcel of land. That zoning designation remained in effect when the community was annexed.

There are about 275 such illegal apartments in South Laguna, occupied mainly by people on fixed incomes, the elderly and artists.

Best Under Circumstances

After Tuesday night’s meeting, which was attended by about 125 South Laguna residents, leaders on both sides said the council probably reached the best decision it could under the circumstances.

“A compromise is a compromise. Some areas (of the council’s decision) I’m pleased (with), and some I’m not,” said Denise Viviani, who heads a group seeking to remove the illegal units.

Councilman Neil J. Fitzpatrick, who cast the only no vote, said: “We should either enforce the law or change the law. It’s like someone’s been running the stop sign for 20 years. Those who ran it can keep running it. And those who stopped at it can keep stopping.”

Some South Lagunans picketed outside City Hall throughout the day Tuesday, carrying signs that read, “I Am Not a Criminal,” “Have a Heart, Save Our Homes” and “Where Will We Go?”

Turkot, one of that group’s leaders, said: “The bottom line is they’re (council members) saying abate, abate, abate and just get rid of the units. It will turn (South Laguna) into an upper-middle-income enclave. We want to maintain the diverse demographics.”

The group also took note of a complaint filed Monday against one of the city’s building inspectors accused of having an illegal duplex.

City manager Frank said Tuesday that city building inspector John Hingula has admitted that his house in the 800 block of Manzanita Drive has a second unit with a kitchen, and that he rents it out. Frank said the city has not yet inspected the home and does not know whether Hingula built the unit or bought the house as it is.

The complaint was filed by Laguna Beach residents Paul and Barbara Westbrook, who have waged a legal battle with the city over sign regulations for their art gallery on Laguna Canyon Road.

“(The Westbrooks) just want to get the staff, and they picked a good way to do it,” Frank said.

The Westbrooks also filed a complaint two weeks ago against Community Development Director Kyle Butterwick, accusing him of illegal construction in his home in the 28800 block of Shady Place.

Frank said city inspectors have determined that there was no illegal second unit or illegal construction in Butterwick’s house, located in the old Top of the World neighborhood, which was annexed to Laguna Beach on Jan. 1, 1987.

“The enclosure of the patio was done a couple of years ago (before annexation), and it was hard to tell that anything had been done,” Frank said, noting that it was “foolish” of Butterwick not to obtain permits from the county for modifications.

The two city employees will receive the same treatment as those in South Laguna who have been cited on allegations of building and zoning violations, Frank said, noting that Butterwick is similar to many South Laguna people who will be allowed to keep modifications they made to their homes before annexation without obtaining county permits.

Frank also said Butterwick made the modifications to his home while he was in the planning division of the Community Development Department and was not involved in building code enforcement.

The city will also question both Hingula and Butterwick to see whether there was an employer-employee relationship violation, Frank said.

“It certainly is embarrassing to the city, without any question, and to the other members of the (building) department,” he said.