Residents urge city enforcement after developer cuts drainage at Cove at El Niguel site

Nathan Smith, a Laguna Niguel resident, told the City Council on Sept. 16 that a developer working on the Cove at El Niguel project disconnected a drainage system that historically drained a nearby V-shaped drainage ditch, causing flooding onto adjacent private property. “The developer disconnected the drainage system without implementing a functional alternative in contravention of the plans approved by the city,” Smith said. He described an approximately 6-foot-deep pit “about the size of a small swimming pool” and said workers have been using a gas-powered pump and hoses on a semiweekly basis for about seven months to avoid overflow.

Why it matters: Neighbors said the makeshift pumping, left near dry brush, increases the risk of both mosquito breeding and fire near homes. Cheryl Friedling, who lives nearby, said the city’s own grading permit requires that “all existing drainage courses through the site shall remain open until facilities to handle stormwater are approved and functional,” and she asked the council to require the developer to reconnect the drain immediately and fill the pit.

The residents’ account and requests: Smith said the pump operation “empties neither the pit nor the flooded V ditch” and that the intent appears only to keep water from overflowing. Friedling added that the gas-powered generator is left on-site and sometimes unattended. She said the manual pumping every 48 hours that staff had described would not prevent flooding when heavier rain arrives. John Fernandez, a long-time resident, recounted historic slides in the area and urged the city to adopt routine pre-wet-season checks and require the HOA and contractor to document annual maintenance.

City process and next steps: During the public comment period the mayor’s office advised that city staff will follow up on public questions and provide information as needed. The speakers requested that the city enforce the grading permit condition and require the developer to reconnect the drainage until a permanent solution is installed. No council motion or formal action on the Cove at El Niguel site occurred during the meeting; the matter was raised during public comment and not on the agenda.

Community context and constraints: Residents provided an eight-page packet to council members and thanked Mayor Pro Tem Johns for visiting the site. The speakers repeatedly noted that the issue had persisted for months and that the pit is a hazard to children. They urged enforcement of permit conditions rather than acceptance of temporary pumping.

What the city has said publicly: At the start of the public comment period the clerk reiterated that, under the Brown Act, council members do not respond to individual speakers at the meeting and that city staff will follow up after the meeting. The council did not discuss or vote on enforcement at the Sept. 16 meeting.

Ending: Neighbors asked the city to require immediate reconnection of the historic drainage, to stop the use of the gas-powered pump, and to fill the pit. City staff follow-up was promised; no formal council direction or enforcement order was recorded on the meeting agenda or in the council’s motions that evening.