A Coastal Development Permit (CDP) is a discretionary request for review of development plans for a proposed use, structure or activity located within the City's Coastal Zone (PDF) as established by the California Coastal Act and defined in the City’s Local Coastal Program (LCP). All development projects undertaken within the Coastal Zone require the approval of a CDP unless specifically exempted. For questions regarding CDPs, exemptions and/or general development standards within the Coastal Zone, please contact the Planning Division at (949) 248-3568.

REVIEW AND APPROVAL PROCESSES

A CDP must be approved by the Planning Commission at a public hearing. In approving a CDP request, the Commission must find that the specific use or activity proposed is consistent with the City’s Municipal Code, LCP and the California Coastal Act. Typical uses or activities subject to approval of a CDP include but are not limited to:

• Development of properties atop coastal bluffs. 
• Development of properties on sandy beaches.
• Development of any vacant property and/or modifications to an existing property which constitute an intensification of use and/or a significant alteration of landform.

Application Fee

$1,633.00

HOW DO I APPLY FOR A COASTAL DEVELOPMENT PERMIT?

Submit to the Planning Division a completed Project Information Packet (PDF) and provide all required materials as listed in the CDP Application Checklist (available at the City Hall Public Counter).

The application should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate the project to other City departments or outside agencies for comment.

The planner will gather and coordinate all comments and respond in writing within thirty (30) days as to the application’s "completeness." A complete application is one for which City staff and outside agencies have enough information to make a thorough evaluation of the consistency of the proposal with applicable land use regulations as well as the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward a list of outstanding information/materials that must be submitted to bring the application to a state of completeness; as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be notified of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedures

Decisions by the Planning Commission regarding a CDP may be appealed to the City Council. The fees for appeal of a Coastal Development Permit are $250.00 for projects involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific appeal procedures.

A decision by the Planning Commission regarding a CDP for development located in the Coastal Zone (specifically within the appeal jurisdiction of the California Coastal Commission may be appealed beyond the City to that agency. For specific appeal procedures, contact the South Coast Office of the California Coastal Commission at (562) 590-5071.

Further Information

For questions regarding CDPs or development standards within the City’s City's Coastal Zone (PDF), please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a Conditional Use Permit?

A Conditional Use Permit (CUP) is a request to allow a use which, while permitted under the use standards of a particular zoning district, may have potential to create adverse impacts on surrounding development. The permit is "conditional" in that specific restrictions, or conditions, are typically placed on the use to ensure that it will not adversely affect the vicinity and/or the City as a whole.

Approval Process

A “Major” CUP must be approved by the Planning Commission at a public hearing. In approving the request, the Commission must find that the impacts of the proposed use or activity will be assuaged by the conditions applied to the project. As such, specific findings or issues of concern may vary based on the scope of work proposed. Typical uses or activities subject to approval of a CUP include but are not limited to:

• Condominium conversions.
• Modifications to required off-street parking standards.
• Establishment of community care facilities serving seven (7) or more persons.
• Most motor vehicle-related uses.
• Other proposed uses and/or projects as deemed appropriate by the Director of Community Development.

Application Fee

$2,355.00 (“Major” CUP)

Application Process

*The following information applies to those projects that require application for a “Major” Conditional Use Permit. For those projects that require an administrative “Minor” Conditional Use Permit, a different application process may be required. Contact the Planning Division at (949) 248-3568 for additional information.

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the CUP Application Checklist (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

Decisions by the Planning Commission regarding CUPs may be appealed to the City Council. The fees for appeal of a CUP are $250.00 for a project involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific procedures.

Further Information

For questions regarding CUPs, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

Most improvements to properties located along Beach Road require application for a Coastal Development Permit (CDP). However a one-time, ten percent square footage improvement may be permitted on the inland side or within the side-yard setback of an existing residence (without the requirement for a CDP). Ordinary alterations or replacement of walls, fixtures or plumbing not exceeding ten percent of the value of the structure (and not resulting in any new square footage) may be permitted within any single 12-month period.

Approval Process

If the proposed improvement requires application for a Coastal Development Permit (CDP), the permit must be approved by the Planning Commission at a public hearing. In approving a CDP request, the Commission must find that the specific use or activity proposed is consistent with applicable land use regulations, the City’s Certified Local Coastal Program (LCP), and the California Coastal Act. For development occurring on Beach Road lots, issues of concern may include but not be limited to:

• Verification of the wave run-up elevation (FP-3) for the lot, to be prepared by a licensed engineer familiar with determining floodplain elevations.
• Maintenance of all string-line setbacks along the beach frontage of the lot, including dedication of lateral public access easements, where applicable.
• Verification of number of stories and size and location of any mezzanine(s) in conformance with Uniform Building Code standards.
• Approval of the Capistrano Bay Community Services District.

Application Fee

*The following fee applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, different fees may apply. Contact the Planning Division for additional information regarding permit fees.

$1,633.00

Application Process

*The following information applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, a different application process may be required. Contact the Planning Division at (949) 248-3568 for additional information regarding the application process.

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the CDP Application Checklist (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedures

*The following information applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, a different appeal procedure may be required. Contact the Planning Division at (949) 248-3568 for additional information regarding appeals.

Decisions by the Planning Commission regarding a CDP may be appealed to the City Council. The fees for appeal of a Coastal Development Permit are $250.00 for projects involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific appeal procedures.

CDPs approved/denied in certain areas of the City’s Coastal Zone may also be appealed beyond the City to the California Coastal Commission. Please contact the South Coast District Office of that agency at (562) 590-5071 for specific appeal procedures.

Further Information

For questions regarding development along Beach Road or development standards within the City’s City's Coastal Zone (PDF), please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

Other than minor additions or maintenance and repair, most improvements to properties located on Coastal Bluff-tops shall require application for a Coastal Development Permit. To determine specific application requirements for a proposed project, contact the Planning Division at (949) 248-3568.

Approval Process

If the proposed coastal bluff improvements require application for a Coastal Development Permit (CDP), the request must be approved by the Planning Commission at a public hearing. In approving a CDP, the Planning Commission must find that the specific use or activity proposed is consistent with applicable land use regulations, the City’s Certified Local Coastal Program (LCP), as well as the California Coastal Act. For development proposed on coastal bluff-tops, issues of concern may include but not be limited to:

• Verification of soils stability and location of the top-of-bluff line, subject to third-party geotechnical review of stability calculations and aerial photographs;
• Maintenance of a minimum structural setback from the top-of-bluff line;
• Requirement for drought-tolerant landscaping in the bluff-top setback area;
• Installation of site drainage facilities to direct drainage towards the street and away from the bluff-face;
• Installation of structural elements to ensure bluff stability.

Application Fee

*The following information applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, different fees may be required. Contact the Planning Division at (949) 248-3568 for additional information regarding permit fees.

$1,633.00

Application Process

*The following information applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, a different application process may be required. Contact the Planning Division at (949) 248-3568 for additional information regarding the application process.

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the CDP Application Checklist (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

*The following information applies to those projects that require application for a Coastal Development Permit (CDP). For those projects without such a requirement, a different appeal procedure may be required. Contact the Planning Division at (949) 248-3568 for additional information regarding appeals.

Decisions by the Planning Commission regarding a CDP may be appealed to the City Council. The fees for appeal of a Coastal Development Permit are $250.00 for projects involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific appeal procedures.

CDPs approved/denied in certain areas of the City’s Coastal Zone may also be appealed beyond the City to the California Coastal Commission. Please contact the South Coast District Office of that agency at (562) 590-5071 for specific appeal procedures.

Further Information

For questions regarding the development or coastal bluffs and/or development standards within the City's Coastal Zone (PDF), please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a second unit?

Second dwelling units (or “granny flats” as they’re commonly referred), are structures located on residentially-zoned parcels, designed exclusively for residential purposes, and containing kitchen and sanitation facilities. Second dwelling units can be constructed as an attached addition to an existing residence or as stand-alone structures. In all cases however, a second dwelling unit must be located on the same parcel as the primary residence.

Second dwelling units provide needed opportunities for new, affordable housing utilizing existing infrastructure. Students, young families and the elderly – groups historically challenged by the high cost of housing – can all make effective use of the opportunities afforded by second dwelling units. Moreover the rental income from a second dwelling unit can also provide mortgage relief to the property owner, making continued homeownership more feasible.

Approval Process

State law (CA Government Code Section 65852.2 [c][3]) requires all applications for new second dwelling units be processed as “ministerial projects,” meaning that provided the project application meets the various development requirements in the City’s Zoning Code (e.g. heights, setbacks, etc.), the application cannot be denied. In the City of Dana Point, second dwelling units are permitted on all properties zoned for single-family residential development. Provided the proposed second dwelling unit meets applicable development requirements in the Dana Point Zoning Code, no hearing before the Planning Commission is required, and all project review and permitting shall be conducted administratively (by Planning and Building/Safety staffs only).

Application Fee

$2,355.00

Application Process

After a review at the public counter by Planning staff, applications for second units may be submitted through the Building/Safety Division into “Plan Check” - the review process which precedes the issuance of City building permits. During this process, the application will be distributed to applicable departments/divisions within City Hall (including the Planning and Building/Safety Divisions) for review against applicable standards of development - including setbacks, parking and structural design requirements.

Further Information

For additional information regarding the construction of a second unit, please contact the Planning Division at (949) 248-3568.

Alternative parking and loading standards may be granted subject to application and approval of a Variance (V), Conditional Use Permit (CUP) or Site Development Permit (SDP). Each of these entitlements must be reviewed and approved by the City Planning Commission (at a public hearing) and are subject to specific findings stipulated in Section 9.35.110 (Alternatives to Parking and Loading Standards) of the Dana Point Zoning Code (DPZC). Some of the findings that must be made by the Planning Commission include but are not limited to;

• that applicable, off-street parking requirements are excessive or inappropriate due to the nature of the specific use involved or because of special circumstances applicable to the property;
• that the proposed off-street parking facilities comply with the intent of the access, parking and loading regulations in Dana Point Municipal Code Chapter 9.35.

Application Fee

$2,355.00 (“Major” Conditional Use Permit)

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the Variance, Conditional Use Permit, and Site Development Permit Application Checklists (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

A decision by the Community Development Director regarding a Film, Video and Still Photography Permit may be appealed to the Planning Commission. The fee for such an appeal shall be $500.00. Please contact the Planning Division at (949) 248-3568 for specific appeal procedures.

Further Information

For questions regarding Film, Video and Still Photography Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

A liquor license may require application for a "Major" or a “Minor” Conditional Use Permit (CUP[M]). CUP(M)s are administrative, discretionary permits reviewed and approved by Planning staff. In approving a CUP(M) for a liquor license application, staff must find that:

• The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the zoning ordinance will be observed;
• The proposed use will not enlarge or encourage the development of a "skid row" area;
• The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and
• That all applicable regulations of the zoning district in which the use is permitted will be observed.

Major CUPs shall be reviewed and approved by the City Planning Commission.

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the applicable Conditional Use Permit Checklists (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; as well as supplementary exhibits and information as appropriate to aide understanding of the proposed scope of work.

Once submitted, the application will be assigned to a staff planner, who will act as project manager and guide the project through the development review process. The planner will review your application as well as circulate it to other City departments which may have an interest in commenting on your proposal.

The planner will gather and coordinate these comments and respond (in writing) within thirty (30) days, as to whether or not the application is "complete." A complete application is one for which the City has enough information to make a thorough evaluation of the consistency of the proposal with applicable land use regulations. If the application is deemed "incomplete," the planner will inform what information is required to bring the application to a state of completeness. In addition, the planner will identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating your proposal. Once the application is deemed "complete," within ten (10) days it will be reviewed during an administrative public hearing. Prior to that hearing, owners within 500 feet and occupants within 100 feet of the subject resident (with the potential – at the discretion of the Community Development Director - for a reduction to only adjacent residents) will be noticed of the application.

Appeal Procedure

An administrative decision regarding a CUP(M) may be appealed to the Planning Commission. The fees for appeal of a CUP(M) shall be $250.00 for decisions involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific appeal procedures.

Further Information

For questions regarding Minor Conditional Use Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M. 

Proposed alternatives to the height limits for fences, walls and hedges shall require application for a “Minor” Site Development Permit (SDP[M]). SDP(M)s are administrative, discretionary permits reviewed and approved by Planning staff. In approving the request, staff must find that the height and location of the proposed fence or wall will not result in or create a traffic hazard; and that the location, size, design and other characteristics of the fence or wall will not create conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity. For specific requirements for proposed alternatives to the height limit of fences, walls and hedges, see the above section of the Dana Point Zoning Code, or contact the Planning Division at (949) 248-3568.

Application Fee

$392.00

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the Minor Conditional Use Permit Checklist (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; as well as supplementary exhibits and information as appropriate to aide understanding of the proposed scope of work.

Once submitted, the application will be assigned to a staff planner, who will act as project manager and guide the project through the development review process. The planner will review your application as well as circulate it to other City departments which may have an interest in commenting on your proposal.

The planner will gather and coordinate these comments and respond (in writing) within thirty (30) days, as to whether or not the application is "complete." A complete application is one for which the City has enough information to make a thorough evaluation of the consistency of the proposal with applicable land use regulations. If the application is deemed "incomplete," the planner will inform what information is required to bring the application to a state of completeness. In addition, the planner will identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating your proposal. Once the application is deemed "complete," within ten (10) days it will be reviewed during an administrative public hearing. Prior to that hearing, owners within 500 feet and occupants within 100 feet of the subject resident (with the potential – at the discretion of the Community Development Director - for a reduction to only adjacent residents) will be noticed of the application.

Appeal Procedure

An administrative decision regarding a SDP(M) may be appealed to the Planning Commission. The fees for appeal of a SDP(M) shall be $250.00 for decisions involving a single-family residence and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific appeal procedures.

Further Information

For questions regarding Minor Site Development Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

A Conditional Use Permit (CUP) for a condominium conversion must be approved by the Planning Commission at a public hearing. In addition, and to permit individual ownership of units in an existing multi-family residential structure (an apartment, duplex or similar), approval of either a Tentative Parcel Map (four or fewer units) or a Tentative Tract Map (five or more units) shall be required. Among the issues of concern in reviewing a condominium conversion are:

• Compliance with all development standards and full improvement of all applicable public facilities and infrastructure;
• A high quality of urban design, reflected by the site design and layout, and building and landscape materials;
• Provisions for meaningful common and private open space areas for owners of the condominium units, and privacy between individual condominium units and between the condominium project and surrounding development;
• Provisions for the relocation of existing tenants.

For additional information, please review Planning Commission Policy No. 7 "Condominiums and Subdivisions," Dana Point Municipal Code Section 9.09.040(d), and the Housing Element of the General Plan (PDF)

Application Fee

$1,760.00 (Tentative Parcel Map required)

$3,401.00 (Tentative Tract Map required)

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the Condominium Conversion Application Checklist (available at the City Hall Public Counter).

The application package should include a detailed site plan showing the location of all uses and their relationship to surrounding man-made and natural features; and supplementary exhibits and information as required, including but not limited to building elevations, landscaping and grading plans, approvals from other interested parties (regulatory agencies, homeowners' associations, etc.).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

Decisions made by the Planning Commission regarding Conditional Use Permits maybe appealed to the City Council. The fee for this appeal shall be $500.00. Please contact the City Clerk at (949) 248-3505 for specific procedures for appealing decisions of the Planning Commission.

Further Information

For questions regarding Conditional Use Permits (CUPs), please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a Zoning Change?

A Zoning Change is a request to revise some portion of the map which accompanies the City's Zoning Code. This can include changes in zoning within a land use designation (e.g., from lower-density residential to higher-density residential); changes in zoning between land use designations (e.g., from residential to commercial); or other changes. A Zone Change is a legislative act and must be reviewed and approved by both the City’s Planning Commission and City Council. For parcels located within the City's Coastal Zone (PDF), a change in the zoning of a parcel must also be reviewed and ultimately certified by the California Coastal Commission.

Approval Process

In reviewing and approving a request for a Zoning Change, the Planning Commission and City Council shall assess the consistency of the proposed change with the Dana Point General Plan (and Local Coastal Program if applicable) and the impact and compatibility of the proposal on land use patterns in the city. Note that if the predominant use pattern in a neighborhood is fairly homogeneous (e.g. mostly residential), a change in the zoning of a single parcel that would contradict this pattern would not be permitted. Such a practice is called “spot zoning” and is illegal per State law.

Most Zone Changes are carried out in conjunction with a specific development proposal, although the City or any other agency or party can request a change in zoning without a specific development proposal in mind.

Changes of zoning within a land use designation are usually consistent with, and do not require an amendment to the City’s General Plan. However, changes in zoning between land use designations typically require a concurrent amendment to the General Plan. Contact the Planning Division for additional information.

Application Fee

Varies (contact the Planning Division for information)

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the Zoning Change Application Checklist (available at the City Hall Public Counter).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies for comment.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedures

A zoning change reviewed by the Planning Commission shall result in a recommendation to the City Council for either approval or denial of the request. As the final decision on the request rests with the City Council, this recommendation by the Planning Commission cannot be appealed.

A decision by the City Council regarding a zoning change that impacts land located in the Coastal Zone (specifically within the appeal jurisdiction of the California Coastal Commission may be appealed beyond the City to that agency. For specific appeal procedures, contact the South Coast Office of the California Coastal Commission at (562) 590-5071.

Further Information

For questions regarding zoning changes, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a subdivision? 

“Subdivisions of land” are defined in Title 7 of the Dana Point Zoning Code as “ a division of a tract of land into defined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed pursuant to the Subdivision Map Act. Subdivisions shall include condominium projects as defined in Section 1350 of the California Civil Code and a community apartment project as defined in Section 11004 of the Business and Professions Code.”

Where an applicant proposes the subdivision of a single, legal parcel of land into four (4) or fewer new parcels or units, the project shall require submittal of a Tentative Parcel Map. Subdivisions of a single, legal parcel into five (5) or more parcels or units shall require submittal of a Tentative Tract Map.

Approval Process

All maps must be approved by the City Planning Commission (“Subdivision Committee”) at a public hearing and subsequently recorded with the County of Orange. In approving the proposal, issues of concern for the Subdivision Committee may include but not be limited to:

Application Fee

$1,760.00 (Tentative Parcel Map)

$3,401.00 (Tentative Tract Map)

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the CDP Application Checklist (available at the City Hall Public Counter). The application package should include a Tentative Map (Parcel or Tract) prepared by a licensed surveyor or civil engineer (the map number shall be assigned by the County Surveyor).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA) and the Subdivision Map Act; as well as circulate the project to other City departments or outside agencies for comment.

The planner will gather and coordinate all comments and respond in writing within thirty (30) days as to the application’s "completeness." A complete application is one for which City staff and outside agencies have enough information to make a thorough evaluation of the consistency of the proposal with applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

A decision by the Subdivision Committee regarding parcel or tract maps may be appealed to the City Council. The fees for appeal of the above entitlements shall be $250.00 for projects involving a single-family residence and $500.00 for all others. Please contact the City Clerk at (949) 248-3505 for specific procedures.

Further Information

For questions regarding subdivisions, please contact the Planning Division at 949-248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and 7:30 A.M. – 4:30 P.M. on Fridays.

What is a special event permit?

A Special Event Permit (processed by Planning Division staff as a “Temporary Site Development Permit 0 TSDP) is a request to permit an activity which temporarily intensifies the impacts (i.e. parking, traffic, noise, light and glare, etc.) of an existing permitted use or which creates a potential conflict among land uses. Typical special event activities subject to application for a TSDP that could include, but not be limited to, auctions (outdoor), farmers markets, open air markets and swap meets.

Note: A public hearing before the Planning Commission may be required for "Individual" and "Comprehensive" permits if the Community Development Director determines an event to be a "Major Event."

Types of Special Event Permits

• Individual TSDP: Approved by the Community Development Director for one (1) event within a single calendar year.
• Comprehensive TSDP: Approved by the Community Development Director for up to eight (8) separate non-consecutive events within a calendar year.
• Master TSDP: Approved by the Planning Commission at public hearing for nine (9) or more non-consecutive events within a calendar year.
• Applications for "Master" or "Major" event permits must be submitted no later than ninety (90) days before the first day of the proposed event.

Duration

Any event exceeding twenty-one (21) consecutive days during any calendar year shall not be considered a temporary use and shall be subject to permit requirements for a permanent use.

Application Process

All TSDP requests shall be submitted to the Planning Division for review a minimum of ten (10) working days prior to the first day of the proposed event, and shall include the following:

• A completed TSDP application form including event date(s), hours, estimated attendance and a detailed description of proposed event activities;
• Application fee and refundable deposit;
• An event site plan illustrating the proposed location of any entertainment, booths, tents, displays, encroachment thereof on public property; as well as the location of any proposed off-street parking. The number of copies required shall be as follows:
• Five (5) copies for permits requiring an administrative review only.
• Fifteen (15) copies for permits requiring a public hearing.
• Proof of liability insurance listing the City of Dana Point as an additional insured for a minimum of one million dollars ($1,000,000);
• A letter of authorization from the property owner(s) if different than the applicant;
• A letter of explanation signed and dated by the applicant demonstrating how the request meets the four (4) findings required for approval of a Temporary Use Permit for a special event;
• Applicants may also be required to obtain the following:
• An Encroachment Permit from the Public Works Department for the use of any City public right-of-way including but not limited to sidewalks and streets;
• A Facility Use Agreement from the Community Services Department for the use of City parks.

Consumption of Alcohol at Special Events

The service or sale of alcoholic beverages at a special event requires approval of a Minor Conditional Use Permit by the Planning Commission.

Approval Process

A request for a TSDP shall be reviewed and approved by the Director of Community Development. In approving the request, the Director must find that the proposed activity is consistent with City policy and regulations, and in doing so will stipulate conditions of approval that must be adhered to by the applicant.

Application Fee

$35.00 plus a refundable clean-up deposit (Contact the Planning Division for information)

Appeal Procedure

Decisions by the Community Development Director regarding TSDPs may be appealed to the Planning Commission. The fees for such an appeal shall be $500.00. Please contact the City Clerk at (949) 248-3505 for specific procedures.

Further Information

For questions regarding Special Event Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

 What is a Sign Program Permit?

A Sign Program Permit (SPP) is a discretionary request to create a comprehensive program that couples new or relocated signage with improved structures and landscaping, such that they present an enhanced and ultimately unified architectural statement for a property. A SPP may be also be utilized to modify development standards for signs, but in no case shall a SPP authorize prohibited sign types. Please review Section 9.37.070 (Sign Programs) for additional SPP requirements or contact the Planning Division at (949) 248-3568.

Approval Process

A SPP must be approved by the Planning Commission at a public hearing. In approving such a request, the Commission must find that the SPP will contribute to a unified architectural statement for the site.

Application Fee

$1,059.00

Application Process

Please submit to the Planning Division a completed General Information Packet (PDF) and all of the required materials per the Sign Program Checklist (available at the City Hall Public Counter). A SPP submittal should provide detailed sign plans that depict the size, materials, location, type, color, font and method of illumination for all existing and proposed signs.

Once submitted, the application will be assigned to a staff planner, who will act as project manager and guide the project through the development review process. The planner will review the application as well as circulate it to other City departments which may have an interest in commenting on your proposal.

The planner will gather and coordinate these comments and respond (in writing) within thirty (30) days as to whether or not the application is "complete." A complete application is one for which the Planning Division and other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of your proposal. If your application is deemed "incomplete," your planner will let you know exactly what additional information you need to submit to complete the application. In addition, your planner will identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating your proposal. Once the application is deemed "complete," neighboring properties will be noticed of the request, with a review by the Planning Commission typically occurring within thirty (30) days.

Appeal Procedure

Decisions by the Community Development Director regarding TSDPs may be appealed to the Planning Commission. The fees for such an appeal shall be $500.00. Please contact the City Clerk at (949) 248-3505 for specific procedures.

Further Information

For questions regarding Special Event Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a General Plan Amendment?

A General Plan Amendment (GPA) is a request to revise some component of the City's General Plan. Such a request could include addition, deletion or modification of goals and policies; modifications to the land use map or other diagrams; or other changes. A GPA is a legislative act and per State law permitted only four (4) times annually.

Approval Process

A GPA must be approved both by the Planning Commission and City Council at public hearings. In approving a GPA, the Planning Commission and City Council must assess the policy implications of the proposed amendment(s) and the impact and compatibility of the proposed changes on the long-term goals of the City and its citizens. Most GPAs are carried out in conjunction with a specific development proposal, although the City or another agency or party can request an amendment without a specific development proposal in mind.

Application Fee

$300.00 (Preliminary submittal)

$5,571.00 (Formal submittal)

Application Process

To initiate a GPA, submit the specific changes requested (language, maps, diagrams, etc.) to the City Council through the Community Development Director. At a regular meeting, the City Council will review the request and, if deemed appropriate, direct Staff to accept a formal application for a General Plan Amendment. The subsequent formal submittal should include a completed Planning General Information Packet (PDF) and clearly define the scope of the proposed amendment, its impacts, costs, benefits and relationship to other General Plan goals and policies.

The application will be assigned to a staff planner who will act as project manager, and guide the project through the development review process. The planner will review the application, conduct appropriate environmental analysis per the requirements of the California Environmental Quality Act (CEQA) as well as circulate the project to other City departments or outside agencies which may have an interest in commenting on your proposal.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedure

All GPAs shall be first reviewed by the Planning Commission, and subsequently recommend for either approval or denial by the City Council. A recommendation for denial of a proposed GPA by the Planning Commission may be appealed to the City Council, though such would not be recommended as the request (in the course of standard review) would already be scheduled for review by the City Council.

The fees for appeal of a General Plan Amendment shall be $250.00 for amendment of standards related to single-family residential development, and $500.00 for all other types of projects. Please contact the City Clerk at (949) 248-3505 for specific procedures.

Further Information

For questions regarding General Plan Amendments, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M. 

Film, Video and Still Photography Permits are discretionary requests to allow professional filming activities within the City. Film, Video and Still Photography Permits are required for all such activities except those for personal (non-commercial) use, the regular activities of the news media, and those conducted at and entirely with a studio. You may use the How to Apply (PDF) instruction sheet, for additional information. 

Applications for Film, Video and Still-Photography Permits shall be processed by Planning staff as a Temporary Site Development Permit (TSDP) and approved by the Director of Community Development. In approving the request, the Director must make specific findings that the proposed activity is consistent with City policy and regulations, and in doing so, will stipulate specific conditions of approval (e.g. duration of filming, hours of operation, etc.) which must be satisfied by the permit applicant

Application and Approval Process

Please complete and submit to Planning staff, a Film, Video and Still Photography Application Form (PDF) as well as the Film Permit Application Rider (PDF). Staff will review the application and promptly respond by letter (if appropriate) with a list of materials necessary to bring the application to a state of “completeness.” Once deemed complete, the application will be reviewed and decided by the Community Development Director.

Application Fee

$50.00

Appeal Procedure

A decision by the Community Development Director regarding a Film, Video and Still Photography Permit may be appealed to the Planning Commission. The fee for such an appeal shall be $500.00. Please contact the Planning Division at (949) 248-3560 for specific appeal procedures.

Further Information

For questions regarding Film, Video and Still Photography Permits, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.

What is a Zone Text Amendment?

A Zone Text Amendment (ZTA) is a request to revise some portion of the language or text of the City's Zoning Code.  This can include changes in permitted or prohibited uses; modifications of site development standards (e.g., setbacks, height limit); or other changes. A ZTA is legislative act and must be reviewed and approved by both the Planning Commission and City Council. For a ZTA affecting parcels located within the City's Coastal Zone (PDF), a proposed ZTA must also be reviewed and ultimately certified by the California Coastal Commission.

Approval Process

In reviewing and approving a proposed ZTA, the Planning Commission and City Council shall assess the consistency of the proposed Zone Text Amendment with the Dana Point General Plan, Municipal Code and (if applicable) Local Coastal Program (LCP); as well as the impact and compatibility of the proposed ZTA on existing land use patterns. Most ZTAs are reviewed in conjunction with a specific development proposal, although the City or any other agency or party can request a change in zoning language without a specific development proposal in mind.

As State law mandates that a City’s Planning-related documents be “laterally consistent” (e.g. the standards of the Zoning Code cannot contradict the policies of the General Plan), a ZTA may require a concurrent amendment of the General Plan and LCP. Contact the Planning Division for additional information.

Application Fee

$4,307.00

Application Process

Submit to the Planning Division a completed General Information Packet (PDF) and provide all required materials as listed in the Zone Text Amendment Checklist (available at the City Hall Public Counter).

Once submitted, the application will be assigned to a staff planner who will act as project manager to guide the project through the development review process. The planner will review the application, conduct appropriate environmental review per the requirements of the California Environmental Quality Act (CEQA), as well as circulate it to other City departments or outside agencies for comment.

The planner will gather and coordinate all comments and respond within thirty (30) days, (in writing) as to whether or not the application is "complete." A complete application is one for which the staff planner as well as other departments and agencies have enough information to make a thorough evaluation of the consistency of the proposal with the applicable land use regulations, and the potential environmental impacts of the proposal. If the application is deemed "incomplete," the project planner will forward outstanding information/materials that must be submitted to bring the application to a state of completeness, as well as identify any issues of concern (compatibility of use, aesthetics, etc.) which may be raised in evaluating the proposal. Once deemed "complete," the public will be noticed of the application, with the item typically heard by the Planning Commission within thirty (30) days.

Appeal Procedures

A ZTA reviewed by the Planning Commission shall result in a recommendation to the City Council for either approval or denial of the request. As the final decision on the request rests with the City Council, this recommendation by the Planning Commission cannot be appealed.

Further Information

For questions regarding zone text amendments, please contact the Planning Division at (949) 248-3568. A staff planner is available to discuss your proposal Monday – Thursday, 7:30 A.M. to 5:30 P.M., and Friday 7:30 A.M. – 4:30 P.M.