Subdivision approved with conditions

Residents of Laguna Terrace Park applauded Tuesday night when the City Council gave conditional approval to subdivide the property so tenants would eventually be allowed to own the land under their mobile homes.

The council voted 4 to 1 to adopt a resolution that conditionally approves a modified tentative tract map of the property and the coastal development permit, which is expected to be challenged by the California Coastal Commission. City Manager Ken Frank explained the tract map would creative individual parcels.

"The city won't approve a final map until the issue of the permit is settled," park manager Jim Lawson said. "The city has seven calendar days to issue a notice of final action to the Coastal Commission, which sets off an appeal period of 10 working days."

In the meantime, Lawson will apply for a preliminary public report from the state Department of Real Estate, which will allow him to quote tentative prices for the individual parcels, take reservations and accept deposits as long they are not co-mingled with park operating funds.

The commission takes the position that it has jurisdiction because development will occur within 100 feet of a stream and there wasn't a coastal development permit for the reconfiguration of the property in 1995, which was not contested then.

"Basically, [the] Coastal [Commission] is trying to get control of the subdivision," said Community Development Director John Montgomery.

Lawson said the revised map has entirely omitted any of the sub-divided property within the commission's area of certification.

"The resulting sub-division is entirely within the city's certified Local Coastal Program," Lawson said. "That was the whole idea and the permit does not authorize any development within 100 feet of a stream."

Lawson contended, and city staff agreed, that the project does not constitute development.

"This is a paper subdivision," Lawson said. "There is no change on the ground. The use doesn't change."

The city Planning Commission found in its June review of the amended proposal for the project that no change in the density or intensity of the use is involved. Commissioners recommended approval of the tentative map and the permit "under protest," as suggested by Commissioner Rob Zur Schmeide.

"I am not comfortable that the city and the Coastal Commission seem to be at odds with what the city can and cannot do," Commissioner Norm Grossman said. "The city attorney advised us that we had no option but approval."