Planning Commission recommends repeal and update of Dana Point density-bonus ordinance to align with state law

The Dana Point Planning Commission on Aug. 25 recommended that City Council approve a zone text amendment (ZTA 25-0001) to repeal Chapter 4.4 of the Dana Point Municipal Code and add a new section 9.0727 to Title IX to update the city’s density-bonus ordinance. The commission also recommended submitting the associated Local Coastal Program Amendment (LCPA 25-0001) to the California Coastal Commission for certification.

Principal Planner Chris Johnson told the commission state density-bonus law (California Government Code §65915 and related provisions) has been amended multiple times since the city’s 2006 ordinance and that the city has largely relied on state law to evaluate density-bonus projects. Johnson said the proposed ZTA would provide a streamlined, legally compliant framework, reduce the need for frequent code revisions, and support the city’s affordable housing goals. Staff concluded the ordinance update does not constitute a project under CEQA and is exempt because it will not cause a direct or reasonably foreseeable indirect physical change in the environment.

There were no public speakers. Commissioners expressed support for the update as a way to reduce the administrative burden of continually revising the municipal code to track state changes. A commissioner moved to recommend approval of ZTA 25-0001 and LCPA 25-0001 to the City Council; another commissioner seconded. The commission voted in favor and the motion passed.

Next steps noted by staff: the matter will proceed to the City Council for its consideration and, because the change involves the Local Coastal Program, will be submitted to the California Coastal Commission for review and certification as part of the coastal planning process.