This Code is adopted pursuant to Article XI, Section 7, of the Constitution of the State of California and in compliance with the requirements of Title 7 of the Government Code, Planning and Zoning Law, for the purpose of promoting the health, safety and general welfare, and is also adopted in compliance with Division 20 of the Public Resources Code, for the purpose of implementing the Local Coastal Program.
(Added by Ord. 93-16, 11/23/93)
The purposes of this Code are:
(a) 
To implement and enhance the General Plan and Local Coastal Program;
(b) 
To classify, segregate, restrict, designate, regulate, and encourage the best type, location, and use of buildings, structures, and land;
(c) 
To limit the intensity, height, number of stories, and size of buildings and other structures hereafter designed, erected or altered;
(d) 
To regulate and determine the size of yards and other open spaces;
(e) 
To regulate and limit the density of population;
(f) 
To regulate and limit the intensity of development;
(g) 
To facilitate adequate provisions for community facilities, such as transportation, water, sewage, schools, and parks;
(h) 
To regulate and determine adequate provisions for vehicular access and parking;
(i) 
To regulate the incorporation of landscaping in the design of development projects;
(j) 
To promote health, safety, welfare, and general prosperity with the aim of preserving a wholesome, serviceable, and attractive community in accordance with the General Plan and Local Coastal Program for the City.
(k) 
To provide the economic and social advantages resulting from an orderly use of land and its resources.
(Added by Ord. 93-16, 11/23/93)
This Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Dana Point General Plan. The following Table illustrates the consistency between General Plan land use designations and the corresponding zoning districts.
SECTION 9.01.040 GENERAL PLAN LAND USE/ZONING CONSISTENCY
General Plan Land Use Designations
Applicable Zoning Districts
Zoning District Abbreviations
Residential:
 
 
Residential 0-3.5 DU/AC
Residential Single Family 2
RSF 2
Residential Single Family 3
RSF 3
Residential 3.5-7 DU/AC
Residential Single Family 4
RSF 4
Residential Single Family 7
RSF 7
Residential 7-14 DU/AC
Residential Multiple Family 7
RMF 7
Residential Single Family 8
RSF 8
Residential Single Family 12
RSF 12
Residential Beach Road 12
RBR 12
Residential Multiple Family 12
RMF 12
Residential Duplex 14
RD 14
Residential Single Family 14
RSF 14
Residential 14-22 DU/AC
Residential Multiple Family 14
RMF 14
Residential Beach Road Duplex 18
RBRD 18
Residential Single Family 22
RSF 22
Residential 22-30 DU/AC
Residential Multiple Family 22
RMF 22
Residential Multiple Family 30
RMF 30
Commercial:
 
 
Neighborhood Commercial
Neighborhood Commercial
NC
Community Commercial
Community Commercial/Pedestrian
CC/P
Community Commercial/Vehicular
CC/V
Visitor/Recreation Commercial
Visitor/Recreation Commercial
V/RC
Visitor/Recreation Commercial/Timeshare
V/RC/T
Mixed Use:
 
 
Commercial/Residential
Commercial/Residential1
C/R
Professional/Residential
P/R
Office:
 
 
Professional/Administrative
Professional/Administrative
P/A
Industrial:
 
 
Industrial/Business Park
Industrial/Business Park
I/B
Community and Other:
 
 
Community Facility
Community Facility
CF
Recreation/Open Space
Recreation
REC
Open Space
OS
Conservation
CONS
Transportation Corridor
Transportation Corridor
TC
Harbor:
 
 
Harbor Marine Land
Harbor Marine Water
Visitor/Recreation Commercial
Recreation/Open Space
Community Facility
Dana Point Harbor Revitalization Plan and District Regulations
DPHRP
Notes:
1 Existing residential development is consistent with the Commercial/Residential designation.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 10-02, 2/22/10; Ord. 10-08, 9/27/10)
The provisions of this Code are intended to address the requirements of Articles 1 and 2 of Chapter 6 of the California Coastal Act (commencing with Section 30500) and Chapter 8 of Title 14 of the California Code of Regulations (commencing with Section 13500). The provisions of this Code are to be the Implementation part of the City's Local Coastal Program.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)
When projects are determined to be subject to the provisions of the California Environmental Quality Act (CEQA) applications shall be reviewed in accordance with the provisions of this Code, the California Environmental Quality Act, the CEQA Guidelines, and the Environmental Guidelines adopted by the City of Dana Point.
(Added by Ord. 93-16, 11/23/93)
(a) 
The provisions of this Code shall not be interpreted to repeal, amend, modify, alter, or change any other Code that is not specifically repealed, amended, modified, altered, or changed.
(b) 
Nothing in this Code shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, Code, or regulation.
(c) 
When provisions of various adopted Codes are different, the more restrictive provisions shall apply, except as may be superseded by resolution or ordinance.
(d) 
The rights granted by any permit, license, or other approval under any ordinance repealed by this Code shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Code.
(e) 
Any illegal non-conforming use in existence prior to the adoption date of this Code shall continue to be a violation unless the standard it violated has been modified and the use conforms to the standard as modified.
(Added by Ord. 93-16, 11/23/93)
(a) 
The provisions of this Code shall supersede and replace the development regulations portions of the plans listed below as they apply to areas within the City of Dana Point:
SECTION 9.01.080(a) RELATIONSHIP TO EXISTING PLAN REGULATIONS
Description of Pre-Existing Regulation
Date of Adoption(s)
Orange County Code No.
Dana Point Code No. and Date of Adoption
Capistrano Beach Specific Plan
Development Regulations and Local Coastal Program (LCP) Implementation Program
12/2/87
3675
90-97
6/12/91
Laguna Niguel Planned Community
Planning Areas A through G and I through U
(5th Revision to the 1st Comprehensive Revision)
2/11/87
3623
90-07
6/12/91
Bear Brand Planned Community Development Plan and District Regulations
5/4/88
3712
90-07
6/12/91
Bear Brand Hill Planned Community Development Plan and District Regulations
Planning Areas 1 through 7 (4th Revision)
5/4/88
3712
90-07
6/12/91
South Laguna Specific Plan
4/6/83
3377
90-07
Development Regulations and Local Coastal Program
(LCP) Implementation Program
11/4/87
(last amendment 11/19/87)
3673
6/12/91
Orange County Zoning Code
(Sections 7-9)
12/15/87
3678
90-07
6/12/91
Dana Point Harbor Revitalization Plan and District Regulations
7/22/89
2331
90-07
6/12/1991
Footnote for Section 9.01.080(a) Table: The Dana Point Specific Plan/Local Coastal Program remains in effect for the purpose of issuing coastal development permits in the area covered by the Dana Point Specific Plan/Local Coastal Program. The Land Use, Urban Design, and Conservation/Open Space Elements of the General Plan shall become the Land Use Plan portion of the City's local coastal program for all certified areas of the City not governed by the Dana Point Specific Plan/Local Coastal Program. This Zoning Code shall become the Implementing Actions of the City's local coastal program for all certified areas of the City not governed by the Dana Point Specific Plan/Local Coastal Program.
(b) 
The following Index Map illustrates the areas regulated by the above Specific Plans, Planned Communities, and Local Coastal Programs.
SECTION 9.01.080(b) EXISTING SPECIFIC PLANS, PLANNED COMMUNITIES, AND LOCAL COASTAL PROGRAM INDEX MAP
(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99; Ord. 10-02, 2/22/10; Ord. 10-08, 9/27/10)
No person shall use any premises except as specifically permitted by and subject to the regulations and conditions of this Code. Except as otherwise provided herein, wherever this Code prohibits the use of premises for a particular purpose, those premises and any improvements on those premises shall not be used for that purpose, and no structure or improvement shall be constructed, altered, or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose.
(Added by Ord. 93-16, 11/23/93)
(a) 
The following rules shall apply to the interpretation of terms used in this Code:
(1) 
References in the masculine and feminine genders are interchangeable.
(2) 
Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.
(3) 
Unless the context clearly indicates to the contrary the following conjunctions shall be interpreted as follows:
(A) 
"And" indicates that all connected items or provisions apply.
(B) 
"Or" indicates that the connected items or provisions may apply singularly or in any combination.
(C) 
"Either...or" indicates that the connected items or provisions shall apply singularly but not in combination.
(4) 
Unless the context clearly indicates to the contrary, other words and phrases shall be construed as set forth in this Chapter.
(b) 
For the purposes of carrying out the intent of this Code, and unless the context clearly indicates another meaning, the following words, phrases, and terms shall have the meaning ascribed to them as follows:
(1) 
The word "City" shall mean the City of Dana Point.
(2) 
The words "Coastal Commission" shall mean the California Coastal Commission established pursuant to the California Coastal Act (Division 20 of the Public Resources Code).
(3) 
The word "Council" shall mean the City of Dana Point City Council, the governing body of the City.
(4) 
The word "County" shall mean the County of Orange.
(5) 
The word "Director" shall mean the Director of Community Development of the City of Dana Point.
(6) 
The words "Planning Commission" shall mean the City of Dana Point Planning Commission.
(7) 
The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.
(8) 
The word "State" shall mean the State of California.
(9) 
The word "use" shall include arrange, design, construct, alter, convert, rent, lease, occupy, or intend to utilize.
(10) 
The words "Zoning Code" or "Code" refer to Title 9 of the Municipal Code of the City of Dana Point.
(c) 
Exhibits Used in the Zoning Code:
The exhibits provided in this Code are intended as illustrative examples of the application of minimum or maximum development standards contained in the accompanying text. These exhibits should not be construed to represent the absolute or definitive method of implementing development standards. Creativity in design is encouraged as long as minimum standards are satisfied and maximum standards are not exceeded.
(Added by Ord. 93-16, 11/23/93)
The provisions of this Code shall be interpreted and applied as the minimum requirements and the maximum potential limits for the protection of the public health, safety, comfort, convenience, morals, and general welfare. It is recognized that each site and situation is unique and different and as such may require either exceeding the minimum acceptable requirements or achieving less than the maximum potential limits of this Code.
(Added by Ord. 93-16, 11/23/93)
Wherever reference is made to any provision of this Code, or to any other law or ordinance, the reference shall apply to that law or ordinance and any amendments or additions made thereto.
(Added by Ord. 93-16, 11/23/93)
If any provision (or portion of any provision) of this Code or its application to any person or circumstance are held to be invalid, the remainder of the Code and the application of that provision to other persons or circumstances shall not be affected.
(Added by Ord. 93-16, 11/23/93)