Colleagues Override Bergeson Home Rule

A divided Board of Supervisors approved a controversial plan to build a large apartment complex in Aliso Viejo despite the objections of some nearby residents as well as Supervisor Marian Bergeson, who represents the unincorporated community.

The 3-2 vote marked an unusual departure by the board from the time-honored tradition of “district prerogative,” by which the other supervisors have always deferred, on development issues, to the supervisor whose district encompasses the project.

Bergeson wanted to send the 241-unit apartment plan back to the Planning Commission, so that nearby residents would be able to air their criticism and seek compromises with the developer, the Mission Viejo Co.

“There was really a need for better communications so that the residents would understand the development . . . [and] have their concerns addressed,” Bergeson said. “I’m sorry I didn’t get the board’s support.”

Other supervisors argued that the proposal complied with planning guidelines for Aliso Viejo and should not be held up for additional public hearings.

“I don’t see that anything productive would be accomplished by going back to the Planning Commission,” said Supervisor Don Saltarelli. “There is a definitely a development agreement in place here, and the county should stand behind it.”

The Mission Viejo Co. wants to build the three-story apartment complex at Aliso Creek Road and Eastwing on an 11-acre strip of land next to a park and a large single-family development.

Residents complained that the project was too dense and that the developer originally promised to build condominiums at the site. Several speakers said that when they purchased their homes, a sign on the lot said a church would soon be built there.

“This is not the kind of development we expected when we moved to Aliso Viejo,” said resident John Stewart. “It’s going to bring more traffic to the area, which causes safety problems because there are children playing.”

Bergeson said having the Planning Commission reexamine the issue might help the two sides find common ground. The move would also respond to the “tremendous sense of frustration” residents feel about “not having a voice in the process.”

Board Chairman Roger R. Stanton agreed, adding: “These issues need to be aired in the public so . . . [people] know what’s going on here.”

But Saltarelli and Supervisors William G. Steiner and Jim Silva said they were satisfied with the project and doubted addition hearings would create a consensus. Officials noted that the last Planning Commission hearing on the project included several hours of public testimony.

A consultant engaged by the Mission Viejo Co. at Tuesday’s meeting said the developer has reduced the height, changed the design and made other modifications to the complex at the request of nearby residents and county planners.

The vote is one more sign that the practice of “district prerogative” is slowly declining on this post-bankruptcy Board of Supervisors.

While most land-use decisions are still passed on 5-0 votes, several recent high-profile projects have produced debate and division. On Tuesday, for example, the board rejected Saltarelli’s proposals regarding a Trabuco Canyon development even though he represents the area.

“It’s a new era. There’s much less [district prerogative] than when I joined the board” in 1993, Steiner said. “You have very independent supervisors who are more willing to challenge each other.”