Residents’ Interests Come First

On Dec. 20, the Times published an editorial criticizing San Juan Capistrano for requiring developers to establish a Geological Hazard Abatement District when they propose to develop. In support, an argument was made akin to another I once heard from the auto industry: that the government should not require seat belts to be installed since seat belts will allow car builders to build less safe cars.

Our City Council takes the safety of our future residents very seriously. We believe that new development in our community needs to be designed to the highest standards.

All new developments in San Juan Capistrano are required to stabilize their sites as a part of the grading process. Detailed soil investigations are prepared and reviewed. All new grading must meet state-of-the-art standards for the soils and geology in the area. These standards are accepted throughout the country.

In the last 10 years, San Juan has experienced three significant landslides that have caused the destruction or abandonment of homes. All three were on property developed more than 25 years ago, and in each instance, the development could not have occurred under present standards. However, San Juan Capistrano goes beyond compliance. We also provide in our municipal code a two-part program for potential slope failure problems.

First, we require the developer to put up a sizable amount of money in a separate fund to be used by the homeowners to repair “surficial earth movement.” Surficial earth movement is defined in our codes as being less than 3 feet in depth. The fund, over a number of years, is replaced with a portion of the homeowner dues. However, the developer is still responsible for any soils damage occurring as a result of its work.

The second part of our program is the formation of a Geologic Hazard Abatement District (GHAD). The district is formed by the developer as a requirement of the city. The formation of the district requires no assessments to the homeowners. The district allows future residents access to tax-exempt funds to effect immediate slope repair and pursue litigation in the event the developer does not step forward and assume responsibility. There is no transfer of liability from the developer to the new homeowners.

One comment in the editorial is particularly disturbing. The editorial states when referring to the GHAD that “it is designed to offer something for everyone: an additional layer of protection to homeowners and an opportunity for developers to build.” The formation of a GHAD gives no relief whatsoever to a developer. A new development occurs only if it can meet the city’s current high standards for soils and geology. No assessment district, surety or financial guarantee will convince the city to allow development that does not meet those standards.

We do not sacrifice our design standards or requirements in lieu of other programs, but rather we build on them to strengthen and provide added assurances to protect and preserve our community and its residents.