The email below was received by ICL director Janet Wilson on Oct. 27th, 2016 from our 3rd district supervisor Todd Spitzer.
Sup. Spitzer's email was a response to a legal opinion that ICL submitted to his office earlier this summer from noted local land-use attorney John G. McClendon, laying out why the SMSP is enforceable. The opinion was commissioned by a coalition of groups including the ICL, Rural Canyons Conservation Fund, the Saddleback Canyons Conservancy and the Canyon Land Conservation Fund.
Sup. Spitzer states he has directed county staff to comply with, and enforce, the Sil-Mod Specific Plan's provisions. You can also view the directive letter he sent to O.C. Public Works director Shane Silsby below.
Thank you for your recent email to me regarding the questions raised in the legal opinion from John G. McClendon (June 21, 2016) related to validity of the Silverado-Modjeska Specific Plan (Sil-Mod Plan). I am writing in response to your request for me to direct County staff to comply with and enforce the Sil- Mod Plan.
In April, I spoke at the Inter-Canyon League (ICL) to help answer community questions related to updating and upholding specific plans in addition to other canyon issues. I attended in the spirit of providing the community access to the County by bringing representatives who provide services to the Canyon to help answer questions.
I apologize that the characterization of the Sil-Mod Plan that was shared during the ICL meeting was found offensive by the community volunteers who helped craft the Sil-Mod Plan and to those who want it enforced.
Please rest assured that while the Sil-Mod Plan was adopted by the Board of Supervisors by Resolution in 1977, the County’s recent interpretation of the zoning for the Sil-Mod area does not render the Sil-Mod Plan invalid, or “not binding”. The Sil-Mod Plan may be interpreted by the Board and must be read in conjunction with the underlying zoning and the uses of land permitted under that zoning. The Sil-Mod Plan contains legally enforceable policies and guidelines.
It is important to me as the Third District Supervisor to protect the natural beauty and resources in the Canyons. That is why, I have instructed County staff to comply with and enforce the Silverado-Modjeska plan and its conditions.
Thanks again for your service on the Inter-Canyon League and to the community. If I can be of service to you on any other county-related issue, please feel free to contact me again.