More Make the Grade--With No Permission

Snaking its way through the foothills of the Santa Ana Mountains, the steady stream of traffic on Santiago Canyon Road is one of the few reminders of modern civilization in a rustic area left relatively unchanged by the development that has transformed most of Orange County.

But hidden from public view behind those sage-covered foothills lies a more troubling scene involving bulldozers and flattened slopes.

County officials report a significant increase over the last few years in illegal hillside grading, as more people move into the canyon hamlets of eastern Orange County.

The grading is usually carried out by property owners attempting to gain more usable land by turning hillsides and gentle slopes into level surfaces where construction can occur.

“So much of the flat portions of the county has already been developed that we are seeing more building in areas where the terrain is tougher,” said Ronald Novello, the county’s director of building and development services. “If you create flat land out of nothing, you have created something of value and use.”

Unauthorized bulldozing not only increases the likelihood of landslides and erosion, but can render structures built on graded surfaces unsafe if the soil is improperly compacted.

The county now handles 40 to 50 cases of illegal grading annually. Recent incidents range from a homeowner who imported dirt to expand the size of his backyard to a horse stable operator who cut into the side of a hill to create a storage area.

Most property owners comply with county regulations once they have been contacted by code enforcement officers. But a few cases each year result in legal disputes. The Board of Supervisors recently approved a new system for issuing citations, as well as a schedule of fines, both designed to help officials enforce the regulations without lengthy court delays.

Because much of the grading occurs on private property not visible from main roads, the county relies heavily on neighbors to report suspicious activity. Canyon dwellers take pride in their independence and privacy, but fears that the grading could endanger their homes has prompted residents to be more watchful of their surroundings.

“People up here want to be left alone,” local activist Bob Bennyhoff said. “But they are realizing that leaving this alone might make things worse.”

Improper grading is nothing new to Silverado, Santiago, Modjeska, Williams, Baker and Trabuco canyons, where large lots and a sparse population often allows work to occur without detection.

One of the most protracted cases involves a home in the Modjeska Canyon area. County officials contend that the homeowner, Bejan Baharie, imported tons of dirt to increase the size of his sloping backyard.

“His house is the only one on the street with a flat backyard,” said Patrick Stanton, the county’s manager of subdivisions and grading.

The county took Baharie to court last year, winning a temporary restraining order that required Baharie to halt work. Officials fear the work could destabilize the hillside unless the job is properly engineered.

Baharie could not be reached for comment. But in court papers, he blamed county inspectors for being “unresponsive to us in trying to resolve our differences.” Baharie said he has attempted to comply with regulations and obtain the proper permits, but that the fees and fines the county are asking him to pay are too high.

Other disputes are settled more amicably, such as one case near Irvine Lake involving a sand and gravel operator who removed 30,000 cubic yards of hillside to create a flat parking area.

The unauthorized grading was reported to the county by the Irvine Co., which owns the land and leased it to the firm.

The county is now working with the sand and gravel operator to create a site plan and obtain a grading permit. But officials said 20 mature oak trees damaged during the grading will have to be removed.

“Most people are cooperative,” Stanton said. “We only go to court as a last resort.”

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Some environmentalists and community activists have long complained about the county’s enforcement efforts in the canyon areas, saying the district attorney’s office rarely prosecutes grading violators.

After the county declared bankruptcy in December 1994, the office announced it would stop prosecuting nearly all grading cases and focus its limited resources on more serious crimes.

Critics contend the situation gives property owners little incentive to follow the rules.

“You know the old saying. ‘It’s easier to seek forgiveness than seek permission,’ ” said Sherry Meddick, a longtime Silverado Canyon activist. “Enforcement is very important. If you are not going to enforce the rules, why bother having them to begin with?”

Recognizing the problem, supervisors last month approved a new enforcement system that allows county officials to bring uncooperative grading violators to court without the involvement of the district attorney’s office.

Under the new rules, the county will issue citations to violators requiring them to appear in court. The citations carry various fines and could result in prosecution if the county’s concerns are not addressed.

“It’s the only way to add some teeth to the county’s enforcement action,” said Supervisor Don Saltarelli, who represents the canyon area and pushed for the changes.

Meddick and other canyon dwellers said previous attempts by the county to target illegal grading have produced only mixed results. Still, she said, “I hope this makes a difference.”