Planning commission approves new Beach Road home with modified stair setbacks over objections

The Dana Point Planning Commission on April 14 approved Coastal Development Permit CDP21‑0021, Site Development Permit SDP22‑007 and Administrative Modification of Standards AMS25‑003 to allow construction of a 4,741‑square‑foot single‑family residence with a 1,564‑square‑foot garage at 35817 Beach Road, located within the Beach Road community and the city’s coastal zone and floodplain overlay.

Staff planner John Ciampa told commissioners the vacant 5,700‑square‑foot lot is in an area subject to coastal flooding and wave action and within the Coastal Commission appeals jurisdiction. The project requires a coastal development permit because it is new development in the coastal zone and a site development permit because of the floodplain overlay. The applicant also requested administrative modifications to setback standards for entry and seaward stairs needed to reach seaward decks; staff recommended approval of the modifications, saying the request is consistent with recent approvals for similar infill beach‑front homes.

Ciampa described project elevations, noting that a site‑specific wave run‑up study established a future base flood elevation (FBE) of 22 feet; city peer reviewer Moffatt & Nichol reviewed that study and concurred with the elevation used. All habitable areas and the lowest horizontal structural elements are proposed to be elevated above the FBE; the garage level would include breakaway panels and an elevator is proposed because elevators are allowed at that level under city and FEMA regulations. Staff also said the mean high tide line was plotted and is approximately 43 feet seaward of the patio string line; no improvements are proposed beyond the string line.

The requested administrative modification would allow stair projections to encroach beyond the structure string line because raising habitable levels to meet flood and sea‑level‑rise requirements can push required landings and deck heights seaward. Staff argued the modification is a practical response to a ‘‘delta’’ created by required minimum habitable elevations and deck height standards and noted similar encroachments have been approved on other Beach Road lots.

Several commissioners asked for details about garage and finished slab elevations, the technical basis for the wave run‑up study and consistency with past approvals. Commissioner Hochul asked whether the proposed encroachments were similar to past approvals; Ciampa said the current proposals were ‘‘almost identical to the last two that the planning commission has’’ approved. Some commissioners raised concerns about beach erosion and the visual and erosional effects of a large garage footprint at the string line. The vice chair said he could not make the findings for the administrative modification and cited concerns about minimizing alteration of natural landforms and undue risk from erosional forces.

Commissioner Oppel moved to approve the entitlements and add a new condition (condition 28) requiring that final project elevations and any building‑placement graphics be corrected to match the required zoning and code standards prior to issuance of building permits; the motion was seconded. The commission approved the permits and the administrative modification by a 3–2 vote.

Action and next steps: approval allows the applicant to proceed to building‑permit review subject to the added condition that final elevations and building placement be corrected before building permits are issued. The staff record includes the applicant’s wave run‑up analysis and peer review by Moffatt & Nichol.

Votes at a glance: CDP21‑0021 / SDP22‑007 / AMS25‑003 — outcome: approved; vote tally: yes 3, no 2, abstain 0 (individual member votes not specified in the record).

Clarifying details: lot size 5,700 sq ft; proposed residence 4,741 sq ft; garage 1,564 sq ft; future base flood elevation used in analysis 22 ft (peer reviewed by Moffatt & Nichol); mean high tide line plotted about 43 ft seaward of the patio string line; proposed stair encroachments seaward up to about 14 ft and landward projections of approximately 10 ft 5 in as presented (staff and slides contained minor corrections to some graphic callouts). Breakaway panels proposed at garage level; elevator proposed at garage level (allowed under city/FEMA rules).

Proper names: Dana Point; Capistrano Beach; Poche Beach; Moffatt & Nichol; FEMA; California Coastal Act.

Provenance (transcript excerpts): topicintro — "Moves us on to item 3, coastal development permits CDP 20 one-twenty 1, site development permit 20 two-seven, and administrative modification of standards AMS 25 dash 0 0 0 3." (s:1697.16–1698.38); topfinish — "a 3 to 2, so that item carries." (s:3583.40–3591.50).