June 3, 2022

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EYE ON DP

What’s Up With... TOP NEWS DANA POINT SHOULD KNOW THIS WEEK

More Than 60 Artists to Showcase Various Works at Dana Point ArtFest BY BREEANA GREENBERG

About the time that development began around Dana Point’s Town Center, the idea for a new art-based event—the Dana Point Art Walk—was floated to bring more foot traffic to local businesses impacted by the construction. “What they wanted was to give a boost to the businesses by bringing something to tell people, ‘Everything’s still open; you can still get into some of these businesses, restaurants and so forth,’” explained Mac McDonald. Dana Point Arts and Culture Commissioners Nancy Jenkins and Karin Schnell developed the Dana Point Art Walk along with local artists, business people and residents, McDonald said. “Every aspect of the city had some input into what this was going to be,” McDonald said. “So, that’s how it started … and it grew from there, just kept growing and at one point, we had everything from Golden Lantern all the way up to the archway.” Over the years, the free event has transitioned to become the Dana Point ArtFest, which is set to return to the Lantern District this Sunday, June 5,

City’s STR Program Facing Appeal BY BREEANA GREENBERG

An appeal has been filed against the city’s recently approved short-term rental program regulating local vacation rentals through a coastal development permit. The Dana Point Planning Commission voted, 4-1, to approve the STR program during its May 9 meeting. A public hearing at City Hall on the appeal has been set for June 21 at 6 p.m., when residents will have the opportunity to voice their opinions on the STR program. The new program will, among other things, set caps on the number of permits issued to home and property owners, limit permits for certain STRs to 185, and place a maximum on rental periods. A short-term rental (STR) is defined as Dana Point Times June 3-9, 2022

following a two-year hiatus because of the pandemic. From 10 a.m. to 5 p.m., a portion of Del Prado Avenue, between Amber Lantern and Violet Lantern, will be closed to motorists, allowing more than 60 participating artists to display a variety of fine art such as sculptures, ceramics, glass art, jewelry, painting, drawing, photography, woodworking and metalwork. The road closure marks a departure from previous years’ events, when all the artists had to display their work on the sidewalk. On the sidewalks, artists were constrained in how large their display could be, said McDonald, a member of the Dana Point ArtFest organizing committee. “The city said, ‘You have to have room for people to walk on the sidewalk,’ so you’re kind of limited as to what kind of display you can have out there,” McDonald said. This year will be the first in which ArtFest will take over the street, closing the section of Del Prado. Though McDonald estimated that 120 artists displayed their work at previous ArtFests, this year will feature only 65 artists. “The pandemic hit, and then everything changed,” McDonald said. “We lost a couple of years. So, we’re not really starting over; we’re just kind of starting smaller to build back up to where we were. Hopefully, we can add another street next year as it grows.” At the post office parking lot, Arts and

an entire residential house or apartment, or rooms within, that is rented out to visitors for a fee between one and 29 consecutive days. It is often arranged on websites such as Airbnb, HomeAway or Vrbo. The appeal argues two main points: that the Planning Commission doesn’t have the authority to approve an STR program—rather, it should be passed through a City Council vote—and that the program would damage the character of the city. “This is not a legal way to do it,” said Mark Zanides, one of the appellants. “This program would be terrible for the citizens of Dana Point. It would significantly degrade residential neighborhoods, particularly in (Capistrano) Beach and Lantern District. It would reduce available low-cost housing, disproportionately affect minorities and disproportionately affect the Lantern and Capo Beach neighborhoods.” Page 3

The Dana Point ArtFest will return to the Lantern District on Sunday, June 5, when 65 artists will display a variety of fine art pieces. Photo: Lillian Boyd/File

Culture Commissioner Ashley Keene will display an interactive mural where visitors can take photos in front of the beach scene. “It’ll just kind of invite people to come pose for a picture and can post it on social media or just for themselves,” Keene said. “But I wanted to do something that was interactive, something a little different than we’ve had before.” Just past the Amber Lantern Street, artist Chris Justice will display new artwork, and offer coffee and donuts in the morning at his temporary studio and gallery space in the Prado West development. Artist Dana Yarger will also unveil his latest community art project exhibiting painted dolphin statues on wooden barrels. Yarger will display three dolphins that are part of a larger exhibition,

aimed at raising awareness for ocean water quality and the safety of marine life. “We hope this is going to announce the project, make people aware of it from an art standpoint,” Yarger said. The event will also feature two beer and wine gardens located on either end of the ArtFest. Shwack Beach Grill will host one at Del Prado and Amber Lantern, with Lux Martini Bar hosting the garden at Del Prado and Violet Lantern. Next to the beer and wine gardens, there will be two music stages for performances by Phil Vandermost, Anthony Small, Andrew Lavin, Benny B & The Breakers, Randall Winvick Band and Iris & the Shade band. Performances will run from 10 a.m. to 4 p.m. A taco food truck will also be parked near Shwack’s restaurant.

Zanides and fellow Dana Point resident Kim Tarantino wrote in their appeal (filed on May 23): “Each of us believes, as do many other residents of Dana Point, that the short-term rental program (STR) adopted by the Planning Commission is inconsistent with the preservation and quiet enjoyment of not only our neighborhoods, but residential neighborhoods throughout the City.” The appellants argue that because Dana Point is a permissive zoning city—meaning that unless something is specifically permitted, it is presumed to be prohibited—STRs are prohibited in Dana Point, because they are not specifically permitted in the zoning code. Because of this, the appellants believe that the STR regulatory program, allowing for new STR permits, requires both a zoning code amendment and local coastal plan amendment. They argue that the Planning Commission does not have the authority to pass the program through

a coastal development permit, without City Council or California Coastal Commission approval. “The first and important legal point is that the Planning Commission does not have the authority to do this,” Zanides said. “If this is going to be done, it should be done properly as the city attorney, council let it be done in 2016, that the City Council pass an ordinance and have it run through the local zoning text amendment and amendment to the local coastal plan.” The appellants contend that Dana Point’s current zoning code “already ‘balance the rights and responsibilities of residents and homeowners,’” by not allowing STRs in residential areas. Zanides added that he is not opposed to STRs in commercial or mixed-use zones. The appellants also argue that there has not been enough enforcement against illegal short-term rentals and (Cont. on page 4) danapointtimes.com


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