Dana Point planning commission approves height variance for three‑story home despite neighborhood opposition

The Dana Point Planning Commission on Nov. 10 approved a variance and site development permit that will allow a three‑story, 4,405‑square‑foot single‑family home at 33911 Calle La Primavera to exceed the city’s nominal hillside height limits.

Project planner Alyssa Gonzalez told commissioners the property is a vacant 7,009‑square‑foot lot in the RSF‑7 zoning district and qualifies as a hillside condition because the lot has a 44 percent slope. Because the house is proposed on caissons, zoning measures height from the lowest existing grade; that method yields a total structure height of 44 feet 5 inches from lowest grade and 21 feet 8 inches from the upper street curb to the third story. Staff recommended approval, noting the project meets all RSF‑7 standards except for height and that a prior variance and site development permit for the site were approved in 2019.

Neighbors who live across the canyon urged the commission to deny the variance. Randy Moore, who lives at 33901 Calle La Primavera immediately north of the subject property, said he and 15 neighbors submitted a petition in opposition and argued the house would "obliterate" the 29‑foot limit the neighborhood historically relied upon. "I've got a new neighbor who wants to build a palace," Moore said, adding that he estimated his own property could lose $250,000 to $500,000 in value because of the build. Several other residents made similar claims during the public hearing, saying stakes and balloons at the site showed the proposed house would block views and privacy.

Attorney Rob Glushon, representing the Moors and other neighbors, told the commission he had submitted a Public Records Act request on Sept. 8 and said project documents were not provided in a timely manner. Glushon argued that if the commission cannot make every required finding with substantial supporting evidence, it must deny the variance; he said there is "absolutely no doubt" the project will be "materially injurious" to adjacent properties, citing photos and neighborhood balloon tests.

The project architect, James Carlson, who has worked on the proposal since 2019, said literal application of the zoning code would have pushed the house farther down the slope and forced awkward garage and circulation solutions. Carlson said the current design largely matches the earlier approval and that the recent changes convert previously non‑habitable storage and open space into living area.

Commissioners debated competing considerations: neighbors’ concerns about view loss, property values and neighborhood character, and staff’s conclusion that the site’s topography creates hardship that the variance is designed to address. Several commissioners noted nearby homes are nonconforming in height and that the proposed house sits between the measured heights of adjacent structures when viewed from Calle La Primavera. After deliberation, a commissioner moved to approve variance V‑25‑0001 and site development permit SDP‑25‑0010, the motion was seconded, and the commission voted 4–1 to adopt the staff‑recommended resolution and conditions.

The approval includes permission to construct an overheight retaining wall in the front yard to provide driveway access; staff noted the guardrail at the front would stand 42 inches and the retaining wall and guardrail combination could reach a maximum of about 10 feet 3 inches at the garage entrance. The record shows staff certified staking at the site and included elevation drawings and renderings in the project file.

The commission’s action authorizes the development subject to the findings and conditions in the adopted resolution. Opponents may pursue any administrative appeals allowed under the city’s rules. The commission moved on to other business after the vote.