Chapter 9.26 — TOWN CENTER DISTRICT — Dana Point Zoning Code

§ 9.26.010. Town Center District and Regulations. ¶

(a) The land use and development regulations for this area are contained in the Dana Point Town Center Plan adopted by reference as Appendix E of the Dana Point Zoning Code, as amended by the 2015 Town Center Initiative ("the Act") approved by the voters in the June 2016 municipal election. This Act may be amended or rescinded only by a vote of the people. These provisions shall apply to all Town Center projects seeking building permits or entitlements.
(b) A maximum limit of three stories and 40 foot height, plus the required setbacks and step backs shall be strictly applied. Encroachments beyond the maximum height limit are strictly limited to required mechanical equipment and chimneys and may not exceed 42 inches.
(c) Professional business/office uses are preferred uses on the second and third floors of all new construction in the Town Center area.
(d) All parking requirements of Dana Point Municipal Code Section 9.35.080 , subsection (e) shall be strictly enforced for each use within a building, including requirements for guest spaces for residential units which cannot be shared with retail requirements. In the Town Center area, parking spaces for residences shall be provided on site; no reduction of required parking spaces shall be granted for bicycle spaces; no credit for parking spaces on public property shall be given.
(e) All off-street loading facility standards of Dana Point Municipal Code Section 9.35.090 shall be strictly enforced for loading spaces in the Town Center area. Loading spaces shall be provided on site or located along public streets only when lost public parking spaces are provided on site beyond other applicable parking requirements.
(f) Review Process for New Projects. The City shall provide the public with relevant project material for any proposed project in the Town Center area (including, but not limited to, building plans, elevations, site maps, story poling dates, staff reports, and parking analysis) on the City's official website, two weeks prior to any study sessions, public meetings, Planning Commission meetings, or City Council meetings.
(g) Requested variances for projects shall be supported by evidence that the underlying conditions meet the statutory requirements of Dana Point Municipal Code Section 9.67.050 . The Dana Point City Attorney shall provide a formal legal opinion for each requested variance in the Town Center area certifying whether the conditions of Section 9.67.050 are fully met and whether evidence supports granting the variance.
(h) If there are any conflicts between subsections (b) to (g) and the details within the Dana Point Town Center Plan, subsections (b) to (g) in total and separately shall be the governing requirements.

(Added by Ord. 06-17, 12/13/06; amended by Ord. 08-08, 6/17/08; Res. 16-07-05-01, June 2016 special election)