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Commission approves Finisterra HOA's enclosed private recreation area with leash requirement
Summary
After more than an hour of public comment, the Planning & Transportation Commission approved PMM2026‑0002 to enclose about 2,400 sq. ft. of Finisterra common area as a private, dog‑friendly park, adding conditions that dogs remain on leash and that nuisance‑mitigation measures be enforced.
The Planning & Transportation Commission voted June 8 to approve a minor modification (PMM2026‑0002) allowing the Finisterra Condominium Association to enclose roughly 2,400 square feet of existing common grass with a 6‑foot steel fence for a private, resident‑only recreation area.
Staff presented the proposal and its recommended conditions, saying the park would be set back more than 200 feet from nearby homes and would include hedges, benches, a water fountain and waste stations. Associate Planner Tran told commissioners the project met the findings required for a minor modification and staff recommended adoption of the draft resolution subject to the conditions in the packet. Director Longnecker said staff would add a condition requiring dogs to remain on leash within the fenced area.
The item drew a large public turnout. Supporters argued the site is underused and would provide convenient access for elderly or mobility‑limited residents. Opponents raised concerns about HOA transparency, reserve funding, liability and impacts to nearby homeowners. Resident Lou Rosenblum warned of legal exposure, saying approving the park could "invite problems" and lead to lawsuits; health‑care professional Mohammed Nihad cited patient cases of dog bites. In response, applicants and staff repeatedly emphasized that the HOA's CC&Rs require dogs to be leashed and that the applicants had reviewed coverage with their insurance counsel.
Applicants Sergio Garza and Nathan Jerome Colbert told the commission the board voted in October 2025 to pursue the project, that meeting agendas and minutes were published to an HOA portal, and that neighborhood awareness forms were completed with neighboring associations. Garza said the association had an email confirmation from its insurer and that the Mission Viejo Environmental Association provided a letter indicating it had been informed.
Commission discussion focused on notice to residents, enforcement of maintenance and nuisance conditions, trees and habitat preservation, and whether the director could have approved the minor modification administratively. The city attorney clarified that state immunities under the Government Tort Claims Act generally minimize the city's exposure for injuries that occur on private HOA property and noted that statutory liability typically targets dog owners.
Vice Chairman Britton moved to adopt the resolution approving the minor modification, adding conditions that the park be enclosed, dogs remain on leash at all times and that the leash requirement be posted in two locations within the park; Commissioner Bloom seconded and the motion carried. Staff noted the approval is valid for two years and that failure to abide by conditions could trigger revocation.
What happens next: the HOA said it will seek reconfirmation from its members at its upcoming meeting; the project will require the applicant to obtain required building permits and comply with the conditions recorded by the city.
