How Does Dana Point's Coastal Bluff Setback Rule Work?

You may be considering a Dana Point home near a coastal bluff and trying to determine whether an addition, pool or other improvement would fit. The direct answer is that the setback is not automatically 25 feet. The underlying zoning district sets the minimum, while Dana Point Municipal Code Chapter 9.27 imposes a floor of 25 feet or enough distance to account for 50 years of erosion, whichever is more restrictive.

That rule depends on a site-specific bluff edge and geotechnical analysis. It does not establish whether a particular lot is blufftop, whether the lot is buildable or whether an existing home must move.

This is general information and not legal advice.

What is the minimum coastal bluff setback?

The minimum is the underlying zoning district’s setback, subject to a floor of 25 feet or 50 years of bluff erosion, whichever is more restrictive.

Section 9.27.030(c), “Development Adjacent to Coastal Bluffs,” says development must minimize hazards to owners, occupants, property and the general public. It must also be environmentally sensitive to the natural coastal bluffs and protect them as a scenic visual resource.

The district figure could be greater than the Chapter 9.27 floor. The controlling distance is therefore not available from Chapter 9.27 alone.

This guide does not cover the district chapters, so the district figure has to come from the code itself. Check the property’s underlying zoning district in Chapters 9.09 through 9.25, along with the city’s Zoning Map and the current Dana Point Coastal Overlay District code.

If a geotechnical report indicates that bluff stabilization is required to keep proposed development safe from erosion and bluff failure for 50 years, the city requires additional setbacks. Any stabilization measure must be the least environmentally damaging feasible alternative.

How does the city establish the bluff edge?

The city establishes the bluff edge through applicant-provided mapping, a recent geotechnical report and an on-site survey by city officials.

The applicant must provide an aerial photograph and contour map. The geotechnical report must specifically address the coastal bluff edge and must have been prepared within one year before the application is submitted.

The Director of Community Development and Director of Public Works then conduct an on-site survey of the property and compare the report’s conclusions.

A buyer reviewing a site should distinguish the mapped lot boundary from the code’s identified bluff edge.

For comparison with another city’s bluff-related guide, see what to know about an Encinitas coastal bluff home.

What must the geotechnical report cover?

The geotechnical report must examine historic and future erosion, site conditions, drainage and the proposed structure’s physical life.

Development plans must be prepared and wet stamped by a State Certified Engineering Geologist who is knowledgeable in coastal engineering and engineering geology. The analysis must include at least 50 years of historic erosion and 50 years of future erosion.

The report must also address soils borings to bedrock, drainage and landslides. Proposed structures must be evaluated on the basis of a minimum 50-year physical life.

At the base of a bluff, the code also requires geotechnical reports addressing the stability of the bluffs above.

See the Del Mar bluff erosion and seller disclosure guide for another city-specific guide.

What is allowed inside the bluff setback?

Development inside the bluff setback is limited, and swimming pools and sunken spas are prohibited there.

The code identifies structures that may include retaining walls, non-retaining walls and fences, along with drought-tolerant landscaping that conforms to Chapter 9.27 setback requirements. Grading on the bluff must be kept to a minimum.

Minor development requires a Coastal Development Permit under Chapter 9.69. It may be approved only when the approved geotechnical reports support the work and conclude that it will not affect bluff stability.

The landscaping rules are also specific. Landscaping must be native or drought tolerant. Irrigation, turf grass, ice plant and similar shallow-rooted plants are prohibited within the setback on blufftop developments. Surface and subsurface runoff must be directed to a public street or an approved drainage facility.

Can the setback be changed?

The Planning Commission can approve an additional or lesser setback, but it cannot go below the code’s 25-foot or 50-year erosion floor.

A proposed deviation requires a report by a State Licensed Civil Engineering Geologist. The code ties that review to the minimum setbacks in the Zoning Map and the Draft Dana Point General Plan Coastal Erosion Technical Report dated July 11, 1990.

The Planning Commission must be able to find that approving the additional or lesser setback is in the interest of public safety. Even with that finding, the commission cannot permit a setback of less than 25 feet or less than the distance needed for 50 years of bluff erosion, whichever is more restrictive.

What rules apply to access and bluff-face staircases?

New private staircases down bluff faces are prohibited, and the code also prohibits replacing a large part of an existing private staircase.

Section 9.27.030(c)(7) contains the exact replacement threshold and should be read before planning staircase work. Additions to or expansions of existing private staircases that descend bluff faces are also prohibited. Public staircases are allowed only when they would not result in geologic instability.

A separate rule addresses blufftop public access when it is required as a coastal permit condition for qualifying new development. The accessway begins at the current bluff edge and extends 25 feet inland, covers an area allowing for 50 years of bluff erosion, or follows another standard needed for public safety or geologic stability, whichever produces the greatest width.

The accessway cannot be closer than 10 feet to an occupied residential structure and adjusts inland as the bluff edge recedes. An offer to dedicate the accessway runs with the land and is irrevocable for 21 years.

For access purposes, demolition and reconstruction of a single-family residence is excepted from “new development” only when the rebuilt home stays in the same location and remains within the code’s limits on growth in floor area, height and bulk.

What should buyers and sellers verify?

Buyers and sellers should verify the zoning district, the property-specific bluff edge and the geotechnical record before relying on a setback figure.

Start with the city’s Zoning Map and the underlying zoning chapter. Then check whether an aerial photograph, contour map and qualifying geotechnical report identify the bluff edge for the proposed application. If development is planned, confirm whether the plans require a Coastal Development Permit under Chapter 9.69.

For existing or proposed work inside the setback, check the restrictions on pools, sunken spas, landscaping, irrigation, grading, walls and fences. Staircase work requires its own review under Section 9.27.030(c)(7).

Chapter 9.27 does not say which lots are blufftop, provide a map identifying them, give permit timelines or determine whether a particular lot is buildable. It also does not address property value or insurance consequences.

The Dana Point Times has covered sea level rise and coastal erosion. For another coastal permitting overview, see the Carlsbad coastal permit zone guide.

We were discussing an addition with a Dana Point owner whose property appeared to have plenty of room behind the house. Once the coastal bluff was considered, the usable building area was less obvious. We advised him to confirm the official bluff edge and required setback before paying for a design based only on the visible yard.

The short version

Dana Point’s Coastal Overlay District does not create one universal bluff setback. The underlying zoning district supplies the minimum, and Chapter 9.27 prevents that setback from being less than 25 feet or the distance required for 50 years of erosion, whichever is more restrictive.

The city uses mapping, a recent geotechnical report and an on-site survey to establish the bluff edge. The report must address historic and future erosion, site conditions and the proposed structure’s physical life. Pools, sunken spas and specified landscaping practices are prohibited inside the setback, while other minor work depends on geotechnical support and a Coastal Development Permit.

Before making plans around a Dana Point property’s usable area, start with the zoning district and site-specific record, then use the home value tool.