Planning commission approves attached ADU to legalize converted second story at 34516 Via Verde

Dana Point Planning Commission on April 14 approved Site Development Permit SDP24-0031 to convert and legalize a previously converted second story into an 872-square-foot, one-bedroom attached accessory dwelling unit (ADU) with a roof deck at 34516 Via Verde.

The project area is within the RD-14 zoning district and Capistrano Beach. Staff said the single-family house sits on a 5,400-square-foot lot and the existing structure totals 2,053 square feet. Code enforcement had previously determined that the second story was an illegally converted dwelling unit; staff said approval of the ADU permit and the site development permit would resolve that code case. Alyssa Gonzalez, the project planner, told commissioners the proposal meets applicable ADU and RD-14 development standards except for a small exceedance of the ADU maximum size for a one-bedroom unit.

Gonzalez said the proposed ADU is 872 square feet while the ADU maximum for a one-bedroom is 850 square feet. She cited Dana Point Municipal Code section 9.07.210(h)(4) as authorizing the planning commission to allow a site development permit deviation of up to 200 square feet for an ADU; staff therefore recommended approval. Gonzalez also said the property’s attached garage is substandard in width (18 feet) but has a compliant 20-foot depth and that, because the ADU is part of the primary residence, an additional parking stall is not required. The site can accommodate up to three parking spaces, staff said.

The project also proposes to separate interior access so the ADU will have its own entry and will not provide direct internal access to the first floor; the existing roof deck will remain and no new square footage is proposed outside the existing building envelope. Gonzalez summarized: “The project meets all the applicable ADU development standards as well as the RD‑14 development standards and therefore staff recommends that the planning commission approve Site Development Permit SDP24‑0031 subject to the findings and conditions included in the draft resolution.”

Commissioners asked clarifying questions about the ADU access, the Map 5 area of the local ADU ordinance and the substandard garage dimensions. Commissioner Hople noted a chart that listed ADU access as ‘‘exterior stairs’’ but the proposal showed interior access; staff confirmed the ADU will have separate access as required. Several commissioners expressed support for legalizing the conversion. Commissioner Deverak said he could make the required findings and moved to approve the permit; an unidentified commissioner seconded the motion. The commission voted in favor and the motion carried.

Action and next steps: approval of SDP24‑0031 allows the applicant to proceed with final permitting to legalize the ADU and resolve the code-enforcement case. The property owner was present at the hearing, and staff indicated correspondence in the file supporting the project.

Votes at a glance: SDP24‑0031 — outcome: approved; vote tally: yes 5, no 0, abstain 0 (individual member votes not specified in the record).

Clarifying details: lot size 5,400 sq ft; existing residence 2,053 sq ft; proposed attached ADU 872 sq ft (maximum for 1-bedroom is 850 sq ft); garage width 18 ft (substandard), garage depth 20 ft (compliant); site can accommodate up to 3 parking spaces; ADU deviation authorized under Dana Point Municipal Code section 9.07.210(h)(4).

Proper names: Dana Point; Capistrano Beach; Dana Point Municipal Code section 9.07.210(h)(4).

Provenance (transcript excerpts): topicintro — "public hearing and item number 2, which is a site development permit, SDP24Dash0031 at 34516 Via Verde." (s:1115.82–1117.20); topfinish — "Any any opposed? Alright. That item carries." (s:1675.4249–1696.465).