Athens Plans Setback for Driftwood
The California Coastal Commission last week denied the Athens Group "vested rights" to Driftwood Estates, undeveloped land at the top of Driftwood Drive in South Laguna, a setback for the Montage resort's developers.
Athens purchased the 325- acre Driftwood property off Aliso Canyon in 2004 as part of an ambitious plan to overhaul the Aliso Creek Inn and Golf Course.
The decision does not affect Athens' intention to continue with its development proposal, a spokeswoman for the company said this week. The Aliso Creek redevelopment plan is currently awaiting the preparation of an environmental impact report before it can be submitted to the city's Design Review Board.
"Once the city review process concludes, we look forward to submitting an application for a (coastal development permit) and presenting our plan to the California Coastal Commission," spokeswoman Joan Gladstone said.
Greg Vail, a principle in the Athens Group team, could not be reached for comment.
Athens plans 11 homes on the Driftwood property, which is opposed by some local conservationists and residents of the nearby Hobo Aliso Canyon area.
South Laguna resident Penny Elia, the Save Hobo Aliso Task Force leader for the Sierra Club in Laguna Beach, has been working with Mark Massara, an attorney and director of the Sierra Club's California Coastal Program, for eight years to inhibit development in Aliso Canyon.
In his letters to the Coastal Commission, Athens Group lawyer Rick Zbur, of the Latham & Watkins law firm, accuses the commission's staff of being inappropriately swayed by Elia and her research on the matter, calling her a "de facto" member of the Commission staff.
Elia contends Athens' development plan does not comply with the Coastal Act of 1976, to "protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources."
"I'm a native Californian. This is my coast. This is where I live. They don't live here. They've never lived here," Elia said. "These are finite resources. We are talking about a fragile environment and a fragile world."
At issue is the fact that the Driftwood site was graded for lots years ago. The lots have been maintained by Driftwood Properties, LLC, a division of Athens Group, since 2004. Driftwood Properties purchased the lots from the Esslinger Family Trust, and assert that grading permits were not required for the original grading done prior to 1960 by "Doc" Esslinger.
Details of the initial grading are hazy, contributing to the current legal wrangling between developers and the Commission.
Elia maintains that the initial grading was never permitted, and therefore was illegal, and that no vested rights exist without proof of proper permitting.
After three attempts by Zbur to refute that argument, the Commission rejected the claim for vested rights last Thursday in Ventura, leaving the plan for the homesites in question.
On a website dedicated to the Aliso Creek Redevelopment Plan, developers say 250 acres of open space will be maintained by the company in the Aliso Highlands area, including habitat restoration, new public trails, creek restoration, erosion and flood control measures, eradication of non-native species, and restoration of native animal species.
Despite all that, local environmentalists remain unconvinced.
"Anyone that has to change all the zones and the existing plans to make their project happen, isn't concerned about the environment," Elia said.
Zbur argued that the "fairness" of the process had been compromised by Elia's steady stream of opposition. He described her as "an adjacent neighbor who opposes any and all activities on the Driftwood property."
Commission staff denied Zbur's accusation of impropriety, and maintained that the developers had not provided the "burden of proof" necessary to garner rights because they did not provide sufficient evidence of the legality of the initial grading undertaken circa 1960.
Karl Schwing, a commission deputy director responsible for Orange County projects, said the communications between commission staff and Elia were above board, nothing out of the ordinary.
"Commission staff are encouraged to respond in a timely matter to all phone calls, e-mail and other contact from all members of the public who request a response," Schwing said. "We fulfilled those obligations to Ms. Elia as we would any applicant or other member of the public, no more, no less."
Despite the setback, the Aliso Creek redevelopment plan will likely move forward, despite opposition.
According to Driftwood Drive resident Lyn Chevli, it's the City Council that should become more attuned to the development concerns of South Laguna residents. In a letter to the council in May, Chevli attempted to make the case:
"The Athens Group thinks Big, and the city thinks Revenue, but building homes on the side of a canyon wall is just plain stupid," Chevli wrote.
