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Commission recommends repealing local SB 9 ordinance to align Dana Point code with current state law

City of Dana Point Planning Commission · November 11, 2025

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Summary

The commission voted unanimously to recommend that the city council adopt a zone text amendment repealing Ordinance 22‑01 (chapters 9.72 and 7.37), bringing local practice into conformity with state SB 9 rules, per a request from the California Department of Housing and Community Development.

On Nov. 10 the Dana Point Planning Commission voted unanimously to recommend the city council adopt a zone text amendment repealing Ordinance 22‑01, which established local implementing language for SB 9 in 2022 (chapters 9.72 and 7.37 of the Dana Point Municipal Code).

Staff explained that state law (SB 9) — which allows duplex development on many single‑family lots — has been revised since the city adopted Ordinance 22‑01 and that the city has been applying current state rules in practice. The California Department of Housing and Community Development requested that Dana Point remove the now‑outdated municipal provisions so the city code aligns with California’s current statutory framework. The city previously adopted an urgency ordinance to maintain continuity while the repeal process proceeds.

"Once Ordinance 22‑01 is formally repealed, the city will operate solely on state law," staff told the commission. The commission opened the item for public comment, received none, and voted to recommend that the city council adopt the repeal ordinance. The matter will next go to the city council for final action.