LAGUNA BEACH : Court Won’t Hear ‘Granny Flat’ Appeal

The California Supreme Court has refused to hear an appeal from the city over the legality of controversial bootleg apartments, sometimes known as “granny flats.”

City officials had petitioned the court to strike down an appellate court’s ruling that thwarted city attempts to crack down on the existence of second residential units in South Laguna.

The City Council contended that the converted garages, guest houses, bedrooms and apartments were built illegally and do not conform to Laguna’s parking and building codes.

Many of the second residential units were built in South Laguna under more relaxed county standards before the area was annexed to Laguna Beach in 1987. Since the annexation, the units have been the focus of intense debate within the community.

Opponents of the units have charged that they have contributed to South Laguna’s parking and crowding problems. Others, however, say that the add-ons provide affordable housing.

In 1989, bootleg apartment owners were told by city officials to bring their dwellings up to code or tear them down. The owners sued the city, claiming that the units already complied with county and state guidelines. The city’s regulations, they contended, were too stringent.

The landlords were defeated in Orange County Superior Court in 1990, but won a reversal last May from the 4th District Court of Appeal, which ruled that the city could not impose its guidelines to flats that were built before South Laguna was annexed.