The Perfect Storm

Preserving the Casta golf course is at the forefront, but it’s just one of several Mission Viejo properties targeted for high-density development. The city’s Master Plan as conceived by the Mission Viejo Co. included no apartments, but things changed. After the community became a city, various councils rezoned commercial and open space to high-density residential. Some residents are surprised to learn that the council can rezone major properties without a popular vote. Voters in other cities (including Yorba Linda, Newport Beach and San Clemente) have approved initiatives to require that zoning issues go on the ballot.

Community activist Dale Tyler introduced the concept of a zoning initiative for Mission Viejo at an activist meeting in 2004. At stake at the time was Steadfast’s property, a 23-acre parcel located at Los Alisos and Jeronimo. Steadfast in 2003 proposed 800 apartments on the site, and those residing nearby immediately objected. The locale already had more than its share of high-density housing, and Mission Viejo was built out. Fortunately, the Planning Commission had responsible members who said no to the project. Steadfast’s managers came back repeatedly, and the project evolved to mixed-use. The council passed (with a 5-0 vote) the mixed-use plan of housing and retail, allowing condos and a new Target store. Had the Mission Viejo Right-To-Vote Initiative been in place, residents (not the council) would have had the final say.

For years, Tyler tracked the development of zoning initiatives in other cities, particularly Yorba Linda’s Right-To-Vote Initiative, which became the basis for his first draft.

Tyler’s focus group of approximately 20 activists in 2004 immediately supported the concept of giving voters the final say on any rezoning issue of significance. Tyler presented his concept as a ballot initiative in May 2008. On August 8, residents began gathering signatures to put the initiative on the ballot. While the Casta golf course hadn’t prompted the initiative’s development, it proved to be the perfect storm. The prospective buyer of the golf course, Sunrise, had created a furor by announcing a proposal to build an assisted-living facility where the clubhouse now stands.

Prior to the signature drive for the Right-To-Vote Initiative, HOA boards near the Casta golf course circulated informal petitions, but none had legal impact. While the HOAs’ efforts were commendable, their petitions were pleas that could have (and probably would have) fallen on the council’s deaf ears.

If the initiative qualifies for the ballot and voters approve it, the council’s rezoning power trip will end. Whether or not the first test case of the initiative is the golf course, its neighbors should rest easier if they have an insurance policy against bad rezoning decisions by the council.