Dana Point council upholds denial of ADU at 33861 Malaga Drive, citing traffic and safety concerns

The Dana Point City Council on July 15 upheld the Planning Commission's decision and the community development director's denial of an accessory dwelling unit (ADU) permit application for 33861 Malaga Drive, rejecting an appeal by the property owner.

City project planner Alyssa Gonzales told the council the project proposed converting an existing two-car garage into a 384-square-foot studio ADU attached to a three-unit multifamily building on a 3,391-square-foot lot. Staff said the site lacks required parking and driveway length for safe vehicle movements: the zoning requires six parking stalls and a 20-foot driveway; the site has three stalls and a five-foot driveway. Gonzales said onsite and on-street conditions in the Lantern Village create line-of-sight, sidewalk-blocking, and circulation problems that justify denying ministerial approval under the city's local ADU map-area restrictions.

Appellant attorney Dylan Casey urged the council to overturn the denial, saying state ADU law (as cited in the appeal) prioritizes ministerial approval for conversions of existing…