Dana Point planning commission upholds denial of ADU at 33861 Malaga Drive, 3–1

The Dana Point Planning Commission voted 3–1 on April 28 to recommend upholding the Community Development Director’s decision to deny an accessory dwelling unit (ADU) permit for 33861 Malaga Drive, a conversion of an attached two‑car garage into a one‑bedroom, 384‑square‑foot ADU.

City project planner Alyssa Gonzalez, the project planner on the item, told commissioners the property is in the Lantern Village neighborhood within the RMF‑14 zoning district and falls inside map area No. 1 of the city’s ADU ordinance, an area the city identified as having existing nonconforming parking or driveway lengths that could harm traffic flow and pedestrian safety. “The application was denied because it did not meet the City’s established ADU requirements,” Gonzalez said, and staff recommended the commission uphold the Community Development Director’s denial of permit PLN25‑0003.

Why it matters: The city’s ADU rules allow staff and the city engineer to identify mapped areas where new ADUs are restricted when existing parking or driveway configurations create public safety or traffic flow hazards. The applicant was informed they could pursue a Site Development Permit (SDP) — an optional, less restrictive review path the city offers for otherwise‑prohibited ADUs — but staff said the applicant declined that option.

The project and staff findings: Gonzalez described the property as an existing multifamily structure with three units. The proposal would convert a two‑car garage into an additional dwelling unit, leaving the building with one garage stall for four units. Staff cited observed conditions in the area — vehicles parked in driveways and on sidewalks, limited street parking, and line‑of‑sight issues at nearby intersections — as the basis for the Director’s denial. Staff said the city initially reviewed the application under ADU Ordinance No. 2306 and that ADU Ordinance No. 2504 took effect on March 20, 2025; staff concluded the change in ordinance did not alter the outcome because the property is in a mapped area where ADUs are restricted.

Public comment and neighborhood concerns: Resident Doug Cannon, who lives on Silver Lantern near the subject property, told the commission he has observed cars parked into intersections, people parking on sidewalks, and near misses involving bicycle and e‑bike riders. “Someone’s gonna die at that intersection eventually,” Cannon said, describing what he called regular safety hazards at the La Paz/Silver Lantern/Malaga area and urging consideration of measures such as daylighting (clearing parking at corners) or controlled parking districts.

Commission deliberations and vote: Commissioners split on the procedural and policy issues. Some commissioners said the denial was a matter of the applicant not following the city’s established process (the SDP path) and expressed support for overturning the Director only if proper procedure had been followed; others emphasized the mapped public‑safety findings and supported upholding the Director’s decision. A motion to recommend the staff recommendation to uphold the Director’s denial of PLN25‑0003 passed 3–1. The record shows the appellant was not present for the hearing.

What was not decided: The commission’s recommendation applies to the appeal before it; staff noted the applicant had the option to apply for a Site Development Permit or pursue other remedies, and the city’s record shows prior related actions on this property, including a 2023 denial that the council previously upheld. The commission did not take additional actions such as adopting a different ordinance, creating a parking district, or ordering immediate physical changes to the street; those options were discussed as possibilities during public comment and deliberation but were not formal actions of the commission at this hearing.

The item will remain in the public record for the city’s administrative process; the appellant and staff may pursue the alternate SDP review path or other remedies described in the city’s zoning procedures.