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City clears way for Mar Vista plan

February 10, 2006|By By Barbara Diamond
(Page 2 of 2)

Mayor pro tem Steven Dicterow said issues raised by opponents of the project were not material enough to warrant revocation.

The Laguna Beach Municipal Code, section 25.05.075, states that discretionary project approvals may be revoked if any of these findings can be made:

* That the administrative, conditional or temporary use permits, variance or design review approval was obtained by negligent of intentional misrepresentation (i.e., erroneous facts or information presented by the applicant) or fraud.

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* That one or more conditions of approval has not been met or are not presently in compliance.

* That the use (in this case a single-family home) is in violation of any statute, ordinance, law or regulation

* That the use permitted is detrimental to public health, safety or welfare or constitutes a public nuisance.

City Attorney Philip Kohn said few revocation hearings are held.

"Courts impose a high standard when government entitlement is proposed to be revoked," Kohn said. "It is given a higher level of scrutiny than other land use."

Despite the council's decision not to schedule a revocation hearing, Iseman said the hearing was worthwhile.

"I am glad we had this hearing," Iseman said. "I don't think anyone hearing it isn't shaking their heads about the failure of the system to protect the health and welfare of the community.

"There was misrepresentation -- egregious misrepresentation, but the city also has its fingerprints all over this."

Iseman suggested that a public telephone be installed at the project to make it easy for complaints about violations to be called into the city. She also said that any trucks caught dieseling (parked with motor running) should be grounds for closing down the project for one day.

"The community has been classy in the way it handled this," Mayor Elizabeth Pearson-Schneider said. "We need to look at ways to ameliorate what the neighbors undergo."

The council approved a proposal by City Manager Ken Frank to hire a project monitor during the grading.

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