The steep, empty, hillside lot visible from the I-5 Freeway off-ramp onto PCH may see the construction of a planned residential development after Dana Point City Council approved the necessary zone change to allow the development.
The 1.99-acre site south of the intersection of Camino Capistrano and Via Canon has never been developed. The lot was originally zoned for residential single-family; however, the zone change establishes a Planned Residential Development Overlay District, which allows the construction of 11 three-story, single-family homes.
During the May 21 meeting, the City Council did not take any action on the project itself, but approved in a 4-0-1 vote (Councilmember Michael Villar was absent) the zoning change, zone text amendment and mitigated negative declaration that would allow for the development.
Principal Planner Kurth Nelson explained during the meeting that early on into the review stage of the proposed project, a traditional single-family residential subdivision was determined to not be appropriate for the lot because of its steep topography.
“In other words, having 11, 12 or 13 homes with cars backing out onto those streets presented some safety issues,” Nelson said.
Nelson explained that to mitigate safety issues posed by individual driveways, the applicant reworked the design to create a single entry and exit road into the proposed development.
The proposed development plan creates 11 single-family dwelling lots, Nelson said, and a private street to access the homes as well as a private park.
The zoning change allows for seven dwelling units per acre; the proposed project would result in a density of 5.5 units per acre.
During the hearing to discuss the zone change on May 21, Nelson walked the council through renderings of the proposed project, explaining that the project includes retaining walls with landscaping to “soften some of the aesthetic impacts.”
Nelson explained that the Planned Residential Development Overlay District allows the proposed project to deviate from the Residential Single Family Development standards. However, with the Planned Residential Development Overlay District, the underlying zoning will still be Residential Single Family, and the development will still need to meet “density, parking, open space and other standards of the underlying district,” Nelson said.
“For this proposal, the applicant is requesting that the development standards related to minimum lot size, minimum lot width, minimum front yard setback, minimum side yard setback and minimum minimum garage setback and maximum floor area ratio to be deviated from,” Nelson said.
During the April 22 meeting, Planning Commissioners had voted unanimously to approve the tentative tract map and Site Development Permit and recommended City Council approve the zone change and mitigated negative declaration.
During the meeting, several Capistrano Beach residents voiced concerns about potential view obstruction, character, safety, traffic and hillside erosion.
Capistrano Beach resident Toni Nelson noted that she had issues with the proposed development.
“It just seems like you’re working so hard to make it work on this lumpy hillside lot, all of the deviations, all of the special circumstances to make it work, and I’m not sure it really works for our community,” Toni Nelson said.
Toni Nelson noted that the area is already a busy intersection, adding that she’s concerned about parking in the area. Additionally, she noted that she was concerned about the hillside development posing a risk for landslides.
“I think this particular development, on a hillside in Capistrano Beach, where maybe you haven’t noticed, but we are experiencing slides these days with all of the heavy rains that we’ve had, I’m very nervous about you digging into that lot,” Toni Nelson said.
“I know you’re doing retaining walls,” she continued. “I’m sure you have a geological study; I did not see current geological information in that packet … and that makes me really nervous.”
Public Works Director Matt Sinacori explained during the May 21 City Council meeting that the retaining wall of that stature would stabilize the area.
“There’s no known landslides in that location; there’s no known things for us to worry about other than surficial erosion that has really plagued your staff, dealing with it every rainstorm, so we’re very much supportive of seeing this project developed,” Sinacori said.
During public comments on the item, former Mayor Diane Harkey noted that she thought it was a “very nice-looking project.”
“That’s a touchy area for views, for this, for that,” Harkey said. “But I think overall, it looks like a very nice project. So, good job, Planning Commission.”
Councilmember John Gabbard noted that he wanted to thank the project applicant and Planning Commission for coming up with a creative solution to develop the lot.
“Having done this enough times, I know that it’s a Rubik’s Cube in the planning process,” Gabbard said. “I just applaud all the parties for coming up with a solution that works and will help us take a piece of property that has been vacant for far too long, being able to put it to use.”