Dana Point council repeals outdated local SB 9 ordinance, aligns code with state law

Dana Point — The City Council on Dec. 2 voted unanimously to repeal a local ordinance the city adopted in 2022 to implement Senate Bill 9, opting to rely solely on current state law for SB 9 applications.

Planning and community development manager Mr. Rossler told the council that Ordinance 22-01 added chapters 9.72 (regulating single-family duplexes) and 7.37 (regulating urban lot splits) to the Dana Point Municipal Code. He said those local provisions are now outdated because SB 9 has been revised and the city has already been processing applications under state law. "Since that time, SB 9 has been revised and the provisions adopted in ordinance 22-01 are now outdated," Rossler said during his staff report.

The planning commission considered the matter on Nov. 10, 2025, and recommended that the council repeal Ordinance 22-01 and the related provisions. The public hearing drew no public comments. Councilmember Frost moved to adopt the recommended repeal; the motion was seconded and carried on a unanimous 'Aye' vote.

City staff told the council that removing the outdated local ordinance will formalize current practice — reviewing SB 9 applications under state law — and respond to a request from the California Department of Housing and Community Development to bring the municipal code into alignment with the city's housing element.

What it means: Repealing the local implementing ordinance means applicants seeking SB 9 approvals in Dana Point will be evaluated under prevailing state statute and implementing guidance, rather than the local provisions adopted in 2022. Rossler said staff have already been processing applications under state law during the transition.

Next steps: The repeal took effect with the council vote; staff will continue handling SB 9 applications under current state law and will notify applicants and update administrative materials accordingly.