The development standards included in this Code are general in nature and apply to all zoning districts unless otherwise indicated. The regulations in this Code are provided as minimum or maximum standards and may be modified by more stringent standards in particular districts, and/or due to specific site conditions. The primary intent of this Code, and this Chapter, is to establish generally acceptable standards for development in the City.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94)
All properties within the City, shall be kept and maintained in a clean, neat, orderly, operable, and usable condition. This Section applies to buildings, paving, fences, walls, landscaping, water, earth, and any other structures or natural features.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94)
Neither the provisions of this Code nor the granting of any permit provided for in this Code shall authorize or legalize the creation or maintenance of any public or private nuisance.
(Added by Ord. 93-16, 11/23/93)
It is the intent of this section to promote compatibility and enhance relationships with respect to access to property, and to promote the safest access to properties based on roadway characteristics and any physical constraints to access. Occasionally, a lot is adjacent to more than one street. In such cases, the following requirements shall be observed in identifying the front lot line. The following figure provides graphic illustration to the following provisions.
(a) 
When a lot exists between two developed lots which both abut the same street, the front lot line shall be on the same street as the existing developed lots on either side.
(b) 
When a lot is adjacent to vacant lots or developed lots which abut either street, the following criteria shall apply:
(1) 
Where one street is of a higher classification than the other, the lot line fronting the street with the lower classification shall be the front lot line.
(2) 
If the lot in question is a corner lot and both streets are of the same classification, the narrower of the two frontages shall be designated the front lot line.
(3) 
The Director of Community Development shall make the determination when the above criteria cannot be clearly applied to the particular situation as a result of topography or other factors.
(c) 
The front lot line for a corner lot or a reverse corner lot is the lot line which fronts the street with the lower classification. If both streets are of the same classification, the narrower of the two frontages shall be designated the front lot line, except in those cases where the subdivision or parcel map specifies another line as the front lot line.
For example, as shown on the corner lot in Exhibit 9.05.040(c), line (a) is the proposed front lot line because line (a) fronts a street with a lower classification, and because line (a) is shorter than line (b).
(d) 
The front lot line for a flag lot is the shorter of the two perpendicular lot lines that radiate from the end of the pole portion of the lot. For example, as shown on the flag lot in Exhibit 9.05.040 (c)/(d), line (c) is the front lot line because it is shorter than line (d).
When the two lot lines radiating from the end of the pole portion of a flag lot are at an obtuse or acute angle, as shown in Exhibit 9.05.040(d), then the front lot line is a midpoint located at the end of the pole portion. The front yard for such a lot is formed by plotting an imaginary arch starting at the midpoint and extending for a distance equal to the minimum front yard setback for the zoning district in which the lot is located.
(e) 
The front lot line for a cul-de-sac lot is that lot line which abuts the edge of the public right-of-way or private access easement way from which primary lot access occurs.
SECTION 9.05.040 IDENTIFICATION OF FRONT LOT LINES
Section 9.05.040(a)
Sections 9.05.040 (c) and (d)
Section 9.05.040(b)
Section 9.05.040(e)
–—> = Existing Front Lot Line
– –> = Proposed Front Lot Line
(Added by Ord. 93-16, 11/23/93; amended by Ord. 96-10, 8/13/96)
The depth of the required front yard setback shall be adjusted as indicated under the following conditions:
(a) 
Through Lots. Both frontages of a through lot shall have a setback from both streets of 20 feet minimum, unless the provisions of this Code allow for reduced non-garage and rear setbacks for shallow lots.
(b) 
Key Lots. The depth of the required front yard of a key lot shall not be less than the average depth of the required street-abutting yards of the adjoining interior and reversed corner lots. The garage portion of the primary structure shall require a minimum front yard setback of not less than 20 feet.
SECTION 9.05.050 ADJUSTMENTS FOR FRONT YARD SETBACKS
(Added by Ord. 93-16, 11/23/93)
When the yard setbacks on a lot have been established by previous regulations and all existing development on the same block and street conform to those yard setbacks, new development may also use those previously established setback standards.
(Added by Ord. 93-16, 11/23/93)
(a) 
Area. If a portion of a lot or parcel of land is acquired by any means including dedication, purchase, or condemnation, or for any public use including recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the area is reduced to no less than 90% of the minimum required area for the zoning district in which the lot or parcel is located.
The Planning Commission shall have the authority to reduce the lot size below the 90% minimum pursuant to all the conditions and procedures relating to Variances found in Chapter 9.67 of this Code.
(b) 
Width. If a portion of a lot or parcel is acquired by any means, including dedication, purchase, or condemnation, or for any public use which may include recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the width is not reduced by more than 30%. In no case, however, shall a lot reduced to less than 35 feet in width be considered conforming unless a narrower lot is permitted by the base zoning district or a PRD.
(Added by Ord. 93-16, 11/23/93)
Except for the Residential Beach Road 12 (RBR 12), and the Residential Beach Road Duplex 18 (RBRD 18) zoning districts, the items indicated in the following Table may be placed in required yards or extend beyond maximum height limits subject to the conditions placed upon those items by the table, except that for blufftop lots in the Coastal Overlay District, the limitations on development in the blufftop setback described in the blufftop setback requirements of Chapter 9.27 (Coastal Overlay District) shall supersede the provisions of the following Table.
See Section 9.09.040(a) for the standards for maximum projection into yards for properties in the Residential Beach Road 12 (RBR 12) and Residential Beach Road Duplex (RBRD 18) zoning districts.
SECTION 9.05.080 MAXIMUM PROJECTIONS INTO REQUIRED YARD AREAS
Item
Front
Rear
Side
Minimum Distance From Property Lines (B)
Maximum Projection Above Height Limit
Other Limitations
Maximum Projection Into Front Yard Area
Maximum Projection Into Rear Yard Area
Maximum Projection Into Side Yard Area (A)
(a) Antennas
Not Permitted
8′0″ height limit
Not Permitted
1′0″
Not Permitted (C)
2 max. (D)
(b) Arch. Projections: (i.e., Cornices, Eaves and Roof Overhangs)
2′6″
2′6″
2′6″
2′0″
Not Permitted
None
(c) Awnings
4′0″ (no vertical supports)
3′0″
2′6″
2′0″
Not Permitted
None
(d) Balconies
2′6″
2′6″
2′6″
5′0″
Not Permitted
(E)
(e) Basement (Below Grade)
Not Permitted
Not Permitted
Not Permitted
N/A
N/A
None
(f) Bay Windows
2′6″
2′6″
2′6″
3′0″
N/A
(E)
(g) Chimneys (Maximum 7′ Width)
2′0″
2′0″
2′0″
3′0″
3′0″
(E)(F)(G)
(h) Decks/Patios Less Than 30″ Above Grade
To PL (H)
To PL (H)
To PL (H)
N/A
N/A
(I)
(i) Decks/Patios 30″+ Above Grade (Not To Exceed First Story Or 7′6″)
Not Permitted
6′0″
2′6″
3′0″
N/A
(I)(J)
(j) Detached Accessory Structures
Not Permitted
To PL (K)
To PL (K)
None (K)
Not Permitted
(L)(H)
(k) Flagpoles
15′0″
5′0″
2′6″
5′0″
15′0″
(M)
(l) HV AC/mech. equip. and window mounted air conditioners
Not permitted
3′0″
2′6″
2′0″
Not permitted
(N)
(m) Patio Covers/Porch
6′0″
15′0″
2′6″
Front 15′0″
Not permitted
(P)(O)
Side - 3′0″
Rear - 10′0″
(n) Planter Boxes
2′0″
2′0″
2′6″
10′0″
N/A
(P)(Q)
(o) Pool Equipment
Not permitted
N/A
N/A
5′0″ (N)
N/A
(N)
(p) Porte Cochere
Permitted by Site Development Permit only
Not permitted
None
(q) Exterior Stairways and Stairway Landings
2′6″
2′6″
2′6″
2′6″ (R)
Not permitted
(E)
(r) Swimming Pools and Spas
Not permitted
N/A
N/A
3′0″ (S)
N/A
None
Footnotes for Section 9.05.080:
(A)
On a corner lot, projections permitted in a front yard setback also apply to a street side yard.
(B)
In any instance where there is a conflict between the allowable maximum projection and the minimum distance from property line standard, the minimum distance from property line standard shall rule.
(C)
This provision shall not apply to television and radio antennas used to receive UHF, VHF, FM and AM signals. Such antennas may exceed the district height limit by 10 feet. FCC licensed amateur ham radio operators may apply for a Conditional Use Permit for a radio antenna tower greater than the maximum height limit but not exceeding 70 feet.
(D)
For radio antennas only, see Section 9.07.020 for satellite dish antennas.
(E)
The total horizontal length of all projections (marked by this footnote) on a given building elevation shall not exceed the maximum percentage of building elevation length as specified below (building elevation length is measured at the first floor and not adjusted for multiple storied buildings):
BUILDING ELEVATION
Front
Side
Rear
MAXIMUM PERCENTAGE OF BUILDING ELEVATION LENGTH:
60%
40%
80%
The above stated maximum percentages have been established as a measure to control the overuse or abuse of the projection provisions in this Table. The maximum percentages will help prevent aesthetically inappropriate architectural facades or features that would pose a detriment to adjacent properties. At the discretion of the Director of Community Development, the total length of all projections on a given elevation may be reduced to below the indicated maximums in order to implement this intent.
(F)
A maximum of two chimneys may project into required yards or above the height limit.
(G)
Maximum horizontal dimension of three feet when above the height limit.
(H)
Provided district landscape requirements are met.
(I)
No deck may be constructed so as to extend beyond the top of slope with a grade of more than 15%, except as may be permitted through a minor Site Development Permit subject to the provisions of Section 9.05.270.
(J)
Including deck railings or deck structures.
(K)
Subject to the applicable provisions of the Uniform Building Code and Uniform Fire Code.
(L)
The maximum height of detached accessory structures is 12 feet except as otherwise permitted in Section 9.05.260. Accessory structures shall be located in the rear half of the parcel, with the exception of entry features (i.e., arbors, porticos and trellises) and garages. Other exceptions for locating structures in the front half of the parcel require approval of a minor Site Development Permit.
(M)
Flagpoles may not exceed 50 feet in height in non-residential districts and 40 feet in residential districts. Requests to exceed these limits may be permitted by approval of a minor Conditional Use Permit.
(N)
Pool equipment may be placed adjacent to the rear or side property line subject to a minor Site Development Permit which shall include, but not be limited to, an acoustics report demonstrating compliance with the City's Noise Ordinance.
(O)
Maximum coverage: Thirty percent of rear yard setback area.
(P)
Including vertical supports and overhangs.
(Q)
Only allowed on the 2nd floor as an extension of second floor framing; and may not exceed three feet in height.
(R)
Only if the side yard setback is at a minimum five feet wide.
(S)
As measured from the edge of the water within the swimming pool or spa.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-13, 11/26/96; Ord. 97-12, 11/12/97; Ord. 97-13, 11/25/97; Ord. 99-04, 3/9/99; Ord. 99-05, 4/27/99; Ord. 08-04, 3/18/08)
(a) 
In all zones, a sight visibility area shall be provided at the intersection of all streets, as shown in the Exhibit below. The sight visibility area shall be reserved for the purpose of maintaining adequate sight distance.
(b) 
No vegetation shall be planted or allowed to grow, nor shall any structure be placed in the sight visibility area in a manner which obstructs visibility or threatens vehicular or pedestrian safety as determined by the Director of Public Works or the Director of Community Development.
(c) 
Traffic control devices, traffic signs, utility poles, transformers, or pedestals or other traffic control devices or street furniture in excess of 30 inches in height may be located within the sight visibility area.
(d) 
Due to roadway geometrics and traffic characteristics, a greater sight visibility area may be required to minimize visual obstruction to motorist and pedestrians as determined by the Director of Public Works or the Director of Community Development.
(e) 
A line of sight shall be shown at intersections on all landscaping plans, grading plans and tentative tract maps where safe sight distance is questionable. In cases where an intersection is located on a vertical curve, a profile of the line of sight may be required.
SECTION 9.05.090(a) SIGHT VISIBILITY AREA
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
(a) 
Dedication and Improvement.
(1) 
No building permit shall be issued for any building or structure until all required dedications of public right-of-way have been made to the satisfaction of the Director of Public Works. A Certificate of Use and Occupancy shall not be issued for any site, building, or structure until all improvements abutting rights-of-way for said site, building, or structure have been made to the ultimate right-of-way shown in the General Plan and as determined by the Director of Public Works. Improvements include, but are not limited to curbs, gutters, sidewalks, paving, street trees, traffic improvements, undergrounding of existing and/or proposed utilities, and drainage. All improvements shall be constructed to the specifications and in a manner prescribed by the Director of Public Works.
(2) 
In lieu of dedication, the City Council may accept an irrevocable offer to dedicate and improve. Such agreement shall be signed by all persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such offer shall be acknowledged, and the agreement shall be recorded in the office of the Orange County Recorder prior to certificate of use and occupancy.
(b) 
Exceptions. In cases where the strict application of this Code fails to meet community objectives as identified in the General Plan, modifications to right-of-way dedication and improvement requirements may be authorized by the City Council.
(c) 
Dedication Standards. Highways, streets, and alleys shall be dedicated to the standards established by the Director of Public Works.
(d) 
Agreement to Improve.
(1) 
In lieu of the required improvements and if in the best interest of the City, the City Council may accept from any responsible party an agreement to make the specified improvements within a specified time period.
(2) 
Such agreements shall be accompanied by surety deposits which may include cash, negotiable bonds, or savings and loan certificates. The surety deposit shall equal the cost of the agreed upon improvements. Where savings and loan certificates or deposits are deposited, the owners thereof shall assign the certificates to the City and administration adjusted for inflation as determined by the Director of Public Works. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the Municipal Code of the City.
(3) 
If the estimated cost of the improvements equals or exceeds one thousand dollars, the applicant may file a corporate surety bond with the City in lieu of the deposit. Such corporate surety bond shall guarantee the adequate completion of all of the improvements in an amount equal to the estimated cost of said improvements.
(4) 
In cases where the stipulated time within which improvements were to be made expires, the City Council may grant additional time as it considers appropriate. Granting of additional time shall include recalculation of improvement costs and security deposits.
(5) 
Should the responsible person fail to complete any improvement within the agreed upon time, the City Council may determine that the agreed upon improvement is incomplete and may cause a portion of the deposit or surety bond to be forfeited to the City. Such forfeiture shall not exceed the amount required to complete the agreed upon work and expenses incurred by the City as a result of the default. Not less than ten days prior to such a determination, the City shall serve the person with written notice. If the written notice is delivered by mail, it must be registered and shall be served not less than twenty days prior to the determination.
(e) 
Adequate Rights-of-Way. The City Council may grant a modification to the provisions of this section, Right-of-Way Dedication, thereby relieving the applicant from compliance with all or a portion of the provisions thereof, subject to the following findings:
(1) 
That relieving or partially relieving the applicant's development from providing the required dedications and improvements is consistent with the General Plan and the best interest of the City of Dana Point; and
(2) 
The required improvements are included in a budgeted City project which will be complete prior to the start of applicant's development or within an approved assessment district and the improvement can be more effectively provided by the City; or
(3) 
The required construction would create a temporary drainage or traffic problem that can be avoided by delaying the improvement to a later date as part of comprehensive improvements to the area; or
(4) 
The Director of Public Works determines current improvements to be satisfactory.
All requests for modifications shall be made in the form of a Variance application, as specified in Chapter 9.67, Variances.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
(a) 
Residential Building Height.
(1) 
The maximum building height for residential buildings is described in Chapter 9.09 for each of the individual zoning districts.
(2) 
For residential structures, building height is defined as the vertical distance, by which the uppermost portion of the roof of a structure extends above the existing grade, finished pad elevation, (excluding the basement finished pad elevation), ceiling of a maximum 10 foot, zero inch high basement, or 18 inches above the flood protection level, whichever is lower, as measured from the lowest portion of the structure. In no case may this vertical distance exceed the maximum height limit specified in Section 9.05.110(a)(6). For residential structures on Beach Road, building heights shall be measured at 18 inches above the FP-3 elevation, or the elevation of Beach Road, whichever is higher. For residential structures on lots with hillside conditions, in cases where the garage is the lowest floor level, the building height is measured from the garage floor or existing grade, whichever is lower.
SECTION 9.05.110 (a)(2) MEASUREMENT OF BUILDING HEIGHT
(3) 
Subject to the approval of a minor Site Development Permit, non-residential or residential building height may be measured from the top of not more than 30 inches of fill. Approval of such a minor Site Development Permit, by the Director of Community Development, may only be granted if the applicant can demonstrate compliance with the following criteria:
(A) 
That the proposed fill is required only for the purpose of creating positive drainage flow (via gravity) to the street or to otherwise correct an existing drainage problem; and
(B) 
That the proposed fill is necessary to create a minimum percentage grade for drainage flow consistent with a gravity flow drainage pattern as verified by the Director of Public Works; and
(C) 
That the amount of fill proposed is the minimum amount necessary to create the desired drainage pattern.
Should the proposed fill be deemed by the Director of Community Development to be proposed for any purpose other than providing the drainage pattern promoted by this Section, the application shall be denied. Structures shall only be granted credit for enough height to achieve positive (gravity) drainage flow.
Should additional (more than 30 inches) fill be required to create the desired drainage pattern, it may be allowed through the approval of the minor Site Development Permit, however the height of the structure cannot be measured from any point higher than 30 inches above existing grade.
SECTION 9.05.110(a)(3) MEASUREMENT OF BUILDING HEIGHT ATOP Thirty INCHES MAXIMUM FILL
Building Height Measured from Top of Not More than Thirty Inches of Fill
(4) 
Subject to the approval of a Site Development Permit, a residential structure proposed in a hillside condition may be allowed to have three stories in accordance with the following provisions:
(A) 
For purposes of this Section, a hillside condition shall mean a lot with a topographic slope percentage, as defined in Section 9.75.190 of this Title, either front to rear or side to side, of 20% or greater. The topographic slope percentage shall be calculated by determining the vertical differential between the highest elevation point of the property at the front or rear property line (whichever is higher) and the lowest elevation point along the opposing rear or front property line (whichever is lower) or between the highest elevation point along the higher side property line to the lowest elevation point along the opposing, lower side property line and dividing that vertical differential by the horizontal distance between the two points.
(B) 
Three story structures shall be designed so that the second story has an average, additional yard setback area of five feet times the total width of the structure at the street elevation and the third story, an average additional yard setback area of 10 feet times the total width of the structure at the street elevation. This additional setback area shall occur on the portions of the structure having three stories exposed above grade. Maximum allowed projections into the additional setback areas are as specified in Section 9.05.080 (Projections into Required Yard Areas) of this Chapter.
(C) 
Residential structures having three stories shall be limited to a maximum Floor Area Ratio (FAR) of .75 the area of the lot, excluding garage area. The amount of garage area in excess of that required for minimum compliance with parking standards, as specified in Section 9.35.070 of this Title, shall be considered part of the floor area when calculating the FAR.
(D) 
Building height shall be measured as specified in Subsection (a)(2) of this Section, and in no case may the overall height of the structure exceed 33 feet or as specified in Subsection (a)(7) of this Section.
(E) 
The applicant shall demonstrate that the proposed design will result in a reduction in grading and the disruption to existing topography that would be incurred with a standard two story design on the subject site, pursuant to Subsection (a)(2) of this Section, to the satisfaction of the Director of Community Development.
(F) 
The height of the third story shall not exceed a height of 14 feet above the upper property line or upper street curb elevation, as measured perpendicular to any point along said line or curb.
(G) 
Applications for Site Development Permits to allow three story developments on hillside properties shall include story pole staking as described in the City's application requirements for a Site Development Permit.
SECTION 9.05.110(a)(4) MEASUREMENT OF BUILDING HEIGHT IN HILLSIDE CONDITIONS
(5) 
Building height and height of fences and walls for new residential subdivisions shall be measured from finished grade, subject to approval by the Planning Commission.
(6) 
Additional criteria in determining maximum building height in residential districts are as follows:
Criteria
Height Limit
Roof pitch of 6/12 or greater
28 feet
Roof pitch of 3/12 or greater but less than 6/12
26 feet
Roof pitch of less than 3/12
24 feet
(7) 
Building height for hillside lots in residential districts is as follows:
Criteria
(Lots with 20% or greater slope per Subsection (a)(4) of this Section)
Height Limit
Roof pitch of 6/12 or greater
33 feet
Roof pitch of 3/12 or greater but less than 6/12
31 feet
Roof pitch of less than 3/12
29 feet
(b) 
Non-Residential Building Height Criteria.
(1) 
The maximum building height for non-residential buildings is described in Chapters 9.11 through 9.25 for each of the individual zoning districts.
(2) 
For non-residential structures, building height is defined as the vertical distance by which the uppermost portion of a building extends above the existing grade, finished grade, finished pad elevation (excluding subterranean parking structure finished pad elevation), ceiling of uppermost level of subterranean parking structure, or 18 inches above the flood protection level, whichever is lower, to the top of the roof.
SECTION 9.05.110(b)(2) MEASUREMENT OF NON-RESIDENTIAL BUILDING HEIGHT
Building Height Measured from Ceiling of Subterranean Parking Structure
(3) 
Subject to approval of a Site Development Permit, in order to correct existing site drainage problems, a provision to permit non-residential and residential building height to be measured from the top of not more than 30 inches of fill, will be granted in all zones, provided that the fill will contribute to positive site drainage flow (via gravity) to the street, at a minimum percentage grade as verified by the Director of Public Works and Director of Community Development. (See Section 9.05.110(a)(3) for Exhibit).
(4) 
Additional criteria in determining maximum building height in non-residential districts are as follows:
CRITERIA
HEIGHT LIMIT
Structures which have sloped roof elements (pitched at 4/12 or greater) that comprise a substantial proportion of the roof plan and which utilize high-quality, aesthetic roofing materials. (Examples include architectural grade shingles, various metals, wood, wood type, tile, slate, etc.)
35 feet
Structures which have sloped roof elements (pitched at less than 4/12) that comprise a substantial portion of the roof plan or any pitched roof with lower quality aesthetic materials than those specified above, or any other roof with a parapet of 18″ or greater
33 feet
Structures which have sloped elements but with a roof plan that is predominantly flat or any roof not otherwise specified under the above standards
31 feet
(c) 
Permitted Encroachments into the Required Height Limit.
(1) 
Permitted Encroachments.
(A) 
Screened mechanical or electrical towers, chimneys, cupolas, weather vanes or other decorative architectural elements that are not used for sleeping or eating quarters, occupying no greater than 5% of the horizontal roof area, may extend above the maximum building height by a maximum of three feet.
(B) 
In non-residential buildings, accessways such as stairwells or elevators to roof decks occupying no greater than 10% of the horizontal roof area, may extend above the maximum building height up to a maximum of five feet.
(2) 
The Director of Community Development may choose to require the applicant to obtain approval of a Site Development Permit, pursuant to Chapter 9.71, if the proposed encroachment creates conditions which may be incompatible, objectionable or detrimental to the surrounding land uses.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-13, 11/26/96; Ord. 03-07, 4/9/03; Ord. 06-02, 4/12/06; Ord. 08-06, 6/3/08)
(a) 
Maximum Height Within the Required Side and Rear Yards.
(1) 
The maximum height of any fence, wall or hedge within the required side and rear yard which faces an adjacent property shall be six feet as measured from the finished grade at the base of the fence, wall or hedge to the top of the fence, wall or hedge. The maximum height of any fence, wall or hedge within the required side or rear yard which faces the subject property shall be eight feet as measured from the finished grade at the base of the fence, wall or hedge to the top of the fence, wall or hedge.
SECTION 9.05.120(a) SPECIAL WALL HEIGHT REQUIREMENTS
(2) 
For those uses or facilities that are required by the City to be screened, screen walls/hedges in excess of eight feet may be permitted as necessary to provide adequate screening subject to determination by the Director of Community Development.
(b) 
Maximum Height Within the Required Front Yards.
(1) 
Fences, walls and hedges shall not exceed 42 inches in height except as provided in Subsection (b)(2) below.
(2) 
Pilaster and wrought iron fences may exceed 42 inches if designed to conform to the following requirements:
(A) 
Pilasters may not exceed 18 inches in width and may not exceed 36 inches in height. Pilasters must be spaced at a minimum of eight feet on center.
(B) 
Wrought iron inserts may be designed to a maximum height of 48 inches as measured from finished grade.
(3) 
Open face fence material, whether wood, wrought iron, or other material shall not exceed two inches in width nor be spaced less than six inches apart, edge to edge.
SECTION 9.05.120(b)(2) AND (3) WALLS AND FENCES IN THE FRONT YARD
(4) 
The maximum height of retaining walls in the required front yard shall be 30 inches. The total wall height, including the retaining wall shall not exceed 42 inches.
(5) 
The sight visibility area requirements in Section 9.05.090 shall apply to the placement and height of fences, walls, and hedges.
(6) 
Reasonable temporary security fencing for vacant lots or construction sites shall be exempt from this Section and may be placed in the required front yard to a maximum height of six feet subject to determination by the Director of Community Development.
(c) 
Alternatives to the height limits for fences, walls and hedges specified in sections (a) and (b) above, and provisions for the placement of arbors, porticos, trellises or other entry features within required yards may be granted subject to the approval of a Minor Site Development Permit pursuant to the provisions of Chapter 9.65.
(d) 
Retaining Walls. The height of any portion of a wall which retains earth or water, in all locations except the required front yard, shall be as follows:
(1) 
Retaining Walls Under Thirty Inches in Height. Retaining walls that are less than 30 inches in height from the top of the retaining wall to finished grade on either side are permitted.
(2) 
Retaining Walls Thirty Inches or Greater in Height. Except where the subject wall was shown on an approved preliminary or precise grading plan, retaining walls that are greater than 30 inches from the top of the wall to finished grade may be permitted subject to the approval of a Minor Site Development Permit, as described in Chapter 9.71. Approval of retaining walls higher than 30 inches in height shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses or improvements in the vicinity.
(3) 
Retaining walls greater than 30 inches but less than 72 inches in height which will not result in a grading fill condition and will not be visible from a public right-of-way, are permitted without a Site Development Permit, provided the wall does not create conditions or situations that may be detrimental or incompatible with other permitted uses or improvements in the vicinity as determined by the Director of Community Development.
(4) 
Alternative to Height Limits of Retaining Walls. Stepping of retaining walls is also permitted for a maximum height of 72 inches, provided the height of any individual wall does not exceed 30 inches. Stepping is allowed provided that the minimum horizontal distance between the top of the downslope retaining wall and the bottom of the up slope retaining wall shall be greater than two times the vertical distance of the downslope retaining wall. Approval shall be considered when the retaining wall is landscaped and does not create conditions or situations that may be detrimental, or incompatible with other permitted uses or improvements in the vicinity. The top of walls may require guardrails as necessary for safety purposes as determined by the Director of Community Development.
SECTION 9.05.120(c)(4) HEIGHT LIMIT FOR RETAINING WALLS
(5) 
Retaining walls greater than 30 inches in height which face a public street or other public area shall be provided with a landscaped strip along the base of the wall which is of an adequate width (two foot minimum) to accommodate plants which will mature to visually screen the wall.
(e) 
Fences or walls shall include a gate or other suitable opening no less than 30 inches in width to provide access to primary or accessory structures.
(f) 
Fences constructed under permit, but made nonconforming as a result of the adoption of the Zoning Code, are exempt from amortization.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 03-07, 4/9/03; Ord. 08-04, 3/18/08)
Any new building or structure, any addition to an existing building or structure, and the installation or construction of any site improvements shall be designed to create a unified functional and comprehensive site plan with an integrated architectural theme that is compatible with and will compliment and enhance the subject and surrounding properties, as determined by the Director of Community Development.
The factors used to evaluate design compatibility and enhancement shall include, but not be limited to:
(a) 
Architectural style and detailing;
(b) 
Massing and bulk;
(c) 
Color and materials; and
(d) 
Scale and proportion.
The design of all development projects including, but not limited to, architecture, and landscaping should consider the applicable direction provided by the Urban Design Guidelines.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94)
All roof mounted appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. The screening material must be compatible with and integrated into the architectural design of the structure.
(Added by Ord. 93-16, 11/23/93)
To protect and maintain the City's wetlands resources, a 100-foot buffer area around all identified wetlands located outside the coastal zone shall be provided, unless consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service indicates that a lesser buffer will provided adequate protection. The standards for wetland buffers around wetlands within the coastal zone are contained in Section 9.27.030(b)(3).
(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)
For those projects where the City's environmental review process indicates the potential for significant impacts to cultural and natural resources (such as archaeological, paleontological, or historical resources and biological resources), site-specific studies shall be performed to identify the significance of such resources, and identified mitigation measures designed to reduce those impacts will be incorporated into project design.
(Added by Ord. 93-16, 11/23/93)
To protect the coastal scenic overlooks from public lands identified in the General Plan Urban Design and Conservation/Open Space Elements, a detailed view impact study which includes recommendations to avoid impacts to coastal views from public lands shall be prepared and incorporated into projects where the proposed development impacts such views.
(Added by Ord. 93-16, 11/23/93)
A detailed geotechnical report which includes recommendations to avoid geologic impacts of the proposed development shall be prepared and incorporated into all projects or development proposals on slopes exceeding 25% or 4:1. Proposed development shall take into consideration the provisions of the Urban Design Guidelines for hillside development, subject to the satisfaction of the Director of Community Development.
(Added by Ord. 93-16, 11/23/93)
The following provisions for shallow and narrow lots will maintain consistency in older areas of the community, by allowing new construction of single family or multiple family projects to develop with reduced setbacks if the said parcel is not consistent with the width and depth standards of the zoning district as follows:
(a) 
When a building site has an average depth of 100 feet or less but more than 75 feet, any required front and rear building setbacks need not be more than 20% of such average depth; and when a building site has an average depth of 75 feet or less, any required front and rear building line setbacks need not be more than 15% of such average depth, but in no event shall any required front or rear building line setback be less than five feet.
(b) 
When a building site has an average width of less than 50 feet, any required building setback from the interior side property lines need not be more than 10% of such average width but in no event less than three feet.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 03-07, 4/9/03)
(a) 
In non-residential districts, primary structures shall not exceed two stories. A third story, in accordance with the height limitations specified in Section 9.05.110(b)(4), may be permitted in the commercial, mixed use, professional/administrative, industrial/business and community facilities districts subject to the approval of a Site Development Permit pursuant to Chapter 9.71.
(b) 
In no circumstance may the third story of a building be set back less than: (1) 20 feet from the minimum required yard adjacent to a street or alley; (2) 20 feet from the minimum yard adjacent to a residential district; and (3) five feet from the interior side yard. A third story must be set back from a street or alley at least 10 feet greater than both the first and second stories as shown in the following diagram.
SECTION 9.05.200(b) THIRD STORY SETBACK REQUIREMENTS
(c) 
In order to approve a request for an increase in maximum stories, the Planning Commission must make the following findings:
(1) 
That the proposed third story has been designed in accordance with the provisions of Section 9.05.200(b); and
(2) 
That the proposed third story demonstrates exceptional design quality; and
(3) 
That the proposed third story allows the project to incorporate public spaces at the ground level.
Benefits, amenities or design qualities used to warrant an increase in maximum stories may not be used to justify any increase in floor area ratio as provided in Section 9.05.210.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94)
(a) 
The standard floor area ratio (FAR) for commercial, mixed use, professional/administrative, industrial/business, community facilities, recreation/open space/conservation, and transportation corridor zoning districts is specified in Chapters 9.11 through 9.23. An increase in the standard FAR may be permitted subject to the approval of a Site Development Permit pursuant to Chapter 9.71. In no event shall the increased FAR approved by the Planning Commission exceed the maximum floor area ratios as specified below:
District
Maximum FAR
Neighborhood Commercial
1.75:1
Community Commercial/Pedestrian
1.75:1
Community Commercial/Vehicular
1.75:1
Visitor/Recreation Commercial
1.75:1
Commercial/Residential
1.50:1
Professional/Residential
1.50:1
Professional/Administrative
1.10:1
Industrial/Business
.75:1
Community Facilities
1.00:1
Recreation/Open Space/Construction
.20:1
Transportation Corridor
.20:1
(b) 
In order to approve a request for an increase in floor area ratio above the standard floor area ratio, the Planning Commission must make the following findings:
(1) 
That the requested increase will not significantly contribute to the temporary or cumulative demand for public facilities or services; and
(2) 
That the proposed project warrants increased intensity because it demonstrates exceptional design quality exceeding minimum City standards; and
(3) 
That the proposed project provides significant or exceptional public amenities, improvements or benefits, in excess of the minimum standards applicable to the project, which promote the goals and objectives of the General Plan.
The benefits, amenities or design qualities used to warrant an increase in floor area ratio may not be used to justify any increase in maximum stories as provided in Section 9.05.200.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96)
Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Security lighting shall be provided at all entrances/exits.
(Added by Ord. 93-16, 11/23/93)
Roof decks are permitted, subject to approval of a Minor Site Development Permit, in any zoning district provided that they meet the following development standards:
(a) 
In residential districts, the permitted area of all roof decks per dwelling unit may not exceed 25% of the roof area of the story directly below the deck or 300 square feet, whichever is less.
(b) 
In residential districts, the guardrail and other objects, whether permanent or temporary, which rest upon the roof deck such as patio furniture, landscaping, and storage, may not exceed the district's required height limit as specified in Section 9.05.110(a) of this Chapter.
(c) 
The roof deck shall be architecturally compatible with the existing exterior materials and colors of the existing structure, and appear as an integral part of the roof system.
(d) 
The roof deck area shall be appropriately designed so as not to be visible from all sides of the structure or from the grade below. Appropriate screening shall be architecturally compatible with and integrated into the existing structure as determined by the Director of Community Development. The solid screening may include roofing, solid parapet walls, or other methods architecturally compatible with the design of the structure.
(e) 
The deck shall be compatible with the color of the existing roof material or structure, yet it shall not be of a color that would reflect glare onto surrounding properties at a higher elevation.
(f) 
In residential districts, exterior stairways and other access features such as stairwells or elevators for access to roof decks shall not exceed the residential zoning district's height limit and shall be architecturally integrated into the design of the structure.
(g) 
All furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage or dislocation.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 96-10, 8/13/96; Ord. 03-07, 4/9/03; amended by Ord. 06-02, 4/12/06)
(a) 
Purpose. The purpose of this Section is to enhance the cultural and aesthetic environment of the City of Dana Point, and to encourage creativity, education, and an appreciation of the arts and our cultural heritage. The program also serves to implement a number of goals and policies of the Dana Point General Plan Urban Design Element and the Dana Point Community Cultural Plan.
(b) 
Definitions. The following definitions shall apply to the language contained in this Section:
"Art in public places"
shall mean public art installed, either on- or off-site, as a part of a new development project in conformance with the standards set forth in this Chapter.
"Community Services Commission"
shall mean the Dana Point Community Services Commission as established by City Council Resolution No. 94-07-26-4 on July 26, 1994; and any successor commission, agency, board, committee or other body empowered by the City Council with the same duties and responsibilities.
"New development"
shall mean the construction of new residential, commercial, mixed use, office, industrial, institutional and recreational projects, and the remodeling or renovation of such projects in excess of 50% of the value of the entire development project.
"Other discretionary review"
shall mean any coastal development permit, site development permit, conditional use permit, variance, tentative map, zone change, zone text amendment, general plan amendment or local coastal program amendment as reviewed by the Dana Point Planning Commission, Dana Point City Council or California Coastal Commission.
"Public art"
shall include, but not be limited to, sculpture, paintings, graphic arts, mosaics, photographs, fountains, decorative arts, film and video, and preservation of features or resources of historical, archaeological or paleontological significance, located in or on a site open and accessible to the public. Public art may be either representational or nonrepresentational (i.e., abstract).
"Public art component"
shall mean the piece of public art and any accompanying landscape, hardscape, lighting, public performance space, public art display space, and plaques, signs or narrative materials.
"Total construction costs"
shall mean the valuation of the proposed structures or improvements, as calculated based on the most recent building valuation data from the Uniform Building Code (UBC).
(c) 
General Requirements.
(1) 
Applicability. The provisions of this Section shall apply to all new development within the residential (Chapter 9.09), commercial (Chapter 9.11), mixed use (Chapter 9.13), office (Chapter 9.15), industrial (Chapter 9.17), institutional (Chapter 9.19) and recreational (Chapter 9.21) districts as defined in the Dana Point Zoning Code.
The "Art-in-Public-Places" Program described in this section is a mandatory program and the standards specified are minimum standards for compliance. Participation in the program by itself does not qualify project applicants for consideration of increased project density/intensity as discussed in the Land Use Plan of the Dana Point General Plan.
(2) 
General Guidelines/Content and Appropriateness. There are no mandated themes for the public art component of a project. Both representational and non-representational artworks are encouraged. Possible thematic content areas for public art may include, but should not be limited to:
(A) 
The coastal/marine lifestyle;
(B) 
The history of the City of Dana Point;
(C) 
The archaeology and paleontology of the natural environment of the area; or
(D) 
The cultures of indigenous peoples of the area. These themes are listed for general guidance only and are not intended to mandate a particular theme type or style of artwork.
(3) 
Media. The media used in the public art component of a new development project may include any of the features or element described in subsection (b)(5) above. The media employed should be appropriate to the artwork and the immediate physical surroundings. The media chosen should also incorporate non-visual elements (i.e., texture, sound, etc.) wherever possible for the benefit of the visually impaired.
(4) 
Location. The public art component should be prominently placed within the development project and oriented toward the pedestrian experience of the site. Particular consideration should be given to making the public art accessible to the physically handicapped. Site design should "showcase" the public art and provide viewing opportunities from many angles. Site landscaping and lighting design should complement and enhance the work.
If there is no appropriate on-site location for the public art component, the applicant may propose an alternate location off-site.
(5) 
Cost. The minimum value requirement for the public art component of a development project is one-half (0.50) percent of the total construction costs of the subject project. The provisions of this Section may be satisfied by either:
(A) 
The on- or off-site placement of public art as a component of the development project.
(B) 
A contribution to a public art in-lieu fund in an amount equal to the minimum value for the public art component.
(d) 
Exemptions. The following types of development projects shall be exempt from the provisions of this Section:
(1) 
Individual single family residences and individual multiple family structures of four or fewer units on existing, legal building sites (Chapter 9.09);
(2) 
Projects subject to regulation under the Dana Point Harbor Revitalization Plan and District Regulations (Chapter 9.25); or
(3) 
Projects with total construction costs of less than one million dollars ($1,000,000.00) as defined under Subsection (b)(7) above.
(e) 
Review Procedures.
(1) 
Projects Requiring Other Discretionary Review. The review of the public art component of development projects shall be carried out by the Dana Point Community Services Commission concurrent with the initial discretionary review of the entire new development project by the Dana Point Planning Commission or the Dana Point City Council.
(2) 
Application Processing.
(A) 
Placement of Public Art. The public art component of a development project shall be submitted as a part of the application for the entire project. The project plans, including the public art component will be provided to the Community Services Commission for their review during the initial 30 day review period for the project. During the 30 day review period, the Community Services Commission will evaluate the public art component of the project, seeking, as necessary, responsible voluntary public and professional opinions and input in its deliberations, and submit recommendations for approval of denial to the Planning Department.
If necessary, the project may be resubmitted to the Community Services Commission for review during subsequent resubmittals of the project. Comments from the Community Services Commission will be compiled by the Planning Department along with the comments of other departments, agencies and/or interested parties. These comments will be forwarded to the applicant as appropriate and used to determine the completeness of the project as a whole. If, however, the Community Services Commission cannot provide a recommendation before the project is deemed complete, the review of the project will proceed and be undertaken by the Planning Commission.
Once the application has been deemed complete (pursuant with State law), the environmental review for the entire project will be completed and the project will be scheduled for public hearing before the Planning Commission. A public hearing notice will be provided to the Community Services Commission and the Community Services Commission's Planning Department Liaison will have the opportunity to attend the public hearing and provide additional input on the project.
If the Community Services Commission is not able to provide a recommendation on the public art component prior to the Planning Commission hearing on the entire project, the Planning Commission shall have authority to review and give final approval for the public art component. The project may be granted a preliminary review and approval and be conditioned to permit the issuance of ministerial permits (i.e., building, grading) while the public art component is being reviewed. The public art component shall receive final approval from the Planning Commission, and shall be in place prior to issuance of Certificates of Use and Occupancy for the project.
(3) 
Projects Not Requiring Other Discretionary Review. The review process for projects which do not require other discretionary review is similar to that described under subsection (e)(2) above, with the exception that the recommendation of the Community Services Commission will be made to the Director of Community Development. Final approval of the public art component of a development project will still be made by the Planning Commission, except in cases where the in-lieu contribution is chosen.
(4) 
Public Art Component Application Requirements. The application for the public art component of a development project shall include the following:
(A) 
A rendering or model of the proposed work;
(B) 
A colors and materials board;
(C) 
Site, landscaping and lighting plans;
(D) 
A statement from the artist applicant, detailing how the proposed work fulfills the purpose of this Section as described in Subsection (a) above;
(E) 
A copy of the text of any plaque(s) or narrative material(s) accompanying the proposed work;
(F) 
An estimate of the total construction cost of the development project as defined under Subsection (b)(7) above and the value of the proposed public art; and
(G) 
Any other materials or information necessary to determine compliance with this Section as required by the Director of Community Development.
(5) 
Findings. In approving the public art component of a development project, the Planning Commission must make the following findings in the form of an adopted resolution:
(A) 
That the work fulfills the purpose of this Section; and
(B) 
That the work is an enhancement to the site, surrounding neighborhood, and the City as a whole.
(6) 
Conditions of Approval. The following standard conditions of approval shall apply to all development projects participating in the "Art-In Public-Places" program:
(A) 
Prior to the issuance of Certificates of Use and Occupancy, the applicant must obtain approval of the public art component of the project from the Dana Point Planning Commission.
(B) 
Prior to the issuance of Certificates of Use and Occupancy, the public art component of the project shall be installed in accordance with the approved plans and in a manner meeting with the approval of the Director of Community Development. If the public art component cannot be installed prior to the issuance of Certificates of Use and Occupancy, the applicant shall deposit surety with the City in an amount equal to the value of the required public art component to ensure installation within 30 days of the issuance of Certificates of Use and Occupancy.
(C) 
On-Site Placement. The maintenance of the public art component for the project shall be the responsibility of the applicant and the applicant's assigns and successors-in-interest.
OR
Off-Site Placement. The maintenance of the public art component for the project shall be the responsibility of the applicant and the applicant's assigns and successors-in-interest. The applicant shall provide evidence, to the satisfaction of the Director of Community Development, that the public art component will be placed off-site with the approval of the owner of the property upon which the artwork will be located.
(D) 
In-Lieu Contribution. Prior to the issuance of Certificates of Use and Occupancy, the applicant shall deposit an amount equal to the required value of the public art component into a public art in-lieu fund.
(Added by Ord. 94-13, 8/23/94; amended by Ord. 10-02, 2/22/10; Ord. 10-08, 9/27/10)
Single-family residences with living quarters having no internal access to the primary residence may be permitted subject to review and approval by the Director of Community Development. In such cases, the Director may require the property owner to record a document against the title of the subject property that indicates that said living quarters cannot be used as a second dwelling unit.
(Added by Ord. 94-09, 5/24/94)
The standard maximum height of detached accessory structures is 12 feet when located in the setback area pursuant to Section 9.05.080(L). The maximum height of a detached garage may be increased up to a maximum of 18 feet subject to the following standards:
(a) 
The added height provides nonhabitable space for storage uses only;
(b) 
No stairway access is permitted and the storage space may only be entered by an internal ladder access; and
(c) 
The roof of the detached garage is fully sloped in either a hip or gable configuration.
(Added by Ord. 94-21, 12/13/94; amended by Ord. 03-07, 4/9/03)
Where a deck is proposed to extend over a slope area, the following regulations shall apply, except that for slope areas on blufftop lots in the Coastal Overlay District, decks shall not project past the bluff edge, and the limitations on development in the blufftop setback described in the blufftop setback requirements of Chapter 9.27 (Coastal Overlay District) shall supersede the following regulations.
(a) 
For purposes of this section only, areas with less than a 5% grade shall not be considered a slope area and decks may be extended pursuant to the applicable setback requirements.
(b) 
If the slope has a grade of more than 5% but less than 15%, the deck may be extended to a maximum of eight feet beyond the top of the slope.
(c) 
If the slope has a grade of 15% or greater, at-grade or above-grade decks are not permitted to extend beyond the top of any slope, except as may be permitted by a minor Site Development Permit subject to the approval of the Director of Community Development and pursuant to the applicable provisions of Chapter 9.71. Such extension shall be subject to the required yard setbacks and to the following requirements:
(1) 
The applicant shall submit a site plan detailing the location of the top of the subject slope.
(2) 
The applicant shall submit evidence which details the gradient of the slope.
(3) 
The applicant shall submit a soils report substantiating the ability of the slope geology to support the proposed deck extension.
(4) 
The applicant shall provide a letter detailing how the proposed deck extension would not pose any detrimental aesthetic impact to any surrounding properties or to any public views or vistas.
(5) 
In no case may the minor Site Development Permit allow an extension of the deck beyond four feet from the top of the slope.
(Added by Ord. 96-13, 11/26/96; amended by Ord. 99-05, 4/27/99)