Local code · Dana Point

Dana Point — Development Agreements

Q: What are the Development Agreement rules in Dana Point?

Dana Point processes development agreements under Title 9, Chapter 9.73 . The applicant must submit a proposed agreement, the City reviews it for General Plan and applicable Specific Plan consistency, and the City Council must approve it by ordinance before the City Manager executes it. §§ 9.73.060, 9.73.070, 9.73.150

The Dana Point Development Agreements, explained in plain English with the controlling citations.

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Quick answer

In Dana Point, a development agreement must provide project certainty and public benefits beyond ordinary approvals, with findings by the Planning Commission and City Council. § 9.73.020 The applicant submits the proposed agreement, and the Planning Commission sends its recommendation within 30 days of the noticed hearing time; final approval requires a City Council ordinance. §§ 9.73.060, 9.73.090, 9.73.150

Last reviewed: September 20, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Dana Point's adopted code with AI research tools and grounded in the sources cited below. Verify with Dana Point planning staff before relying on it.

Overview

Dana Point’s Development Agreement ordinance is Title 9, Chapter 9.73, adopted under Government Code § 65864 et seq. It governs how a proposed agreement is submitted, reviewed, noticed, recommended, approved, and executed; it does not establish a separate entitlement path by zoning district. § 9.73.010

A Dana Point development agreement must provide developers greater certainty for an approved project and deliver public benefits beyond those already required through project approvals. § 9.73.020

The agreement is an added project-specific instrument, not a substitute for the applicable Dana Point Zoning, Dana Point Land Use, Dana Point Development Standards, Dana Point Parking, Dana Point Design Review, or Dana Point Overlay Districts rules. Chapter 9.73 requires staff analysis of General Plan and applicable Specific Plan consistency, but does not itself state permitted uses, setbacks, height limits, density, FAR, or parking ratios. § 9.73.070

Core Development Agreement Rules

Decision point	Dana Point rule	Code Reference
Authority	Agreements are processed under Chapter 9.73 pursuant to Government Code § 65864 et seq.	§ 9.73.010
Project benefit	The Planning Commission and City Council must find that the agreement gives project certainty and includes public benefits beyond ordinary approvals.	§ 9.73.020
Applicant submittal	Every application must include the applicant’s proposed development agreement.	§ 9.73.060
Completeness review	The Director may require additional material and may reject an application not completed as Chapter 9.73 requires.	§ 9.73.070
Staff review	Staff must analyze the proposed development and recommend whether the agreement, as proposed or amended, is consistent with the General Plan and applicable Specific Plan.	§ 9.73.070
Public notice	The Director must issue a Notice of Intention; it may be combined with notice for related land-use proposals.	§ 9.73.080
Commission role	The Planning Commission considers the agreement and recommends action to the City Council within 30 days of the hearing time stated in the Notice of Intention.	§ 9.73.090
Final approval	Approval requires adoption of an ordinance; after adoption, the City Manager executes the agreement for the City.	§ 9.73.150
Fees	City Council sets processing fees by resolution and may waive them in whole or part. No fee amount is stated in Chapter 9.73.	§ 9.73.040

Relationship to Project Approvals

A development agreement may be noticed alongside related land-use proposals and may include all or part of those concurrently approved proposals. That coordination does not mean Chapter 9.73 independently approves a use, building form, or site plan. § 9.73.080

General development standards are generally minimum or maximum rules that may become more stringent by district or site condition. The agreement review therefore needs to be read with the underlying project controls, including any applicable California Building Standards Code, rather than assuming the agreement creates blanket relief. § 9.05.010

Chapter 9.73 does not identify Dana Point ADUs, temporary uses, hazardous-waste facilities, transportation-demand-management obligations, signage, landscaping, or historic-preservation requirements as special development-agreement categories. Not found in source materials.

District-by-District Applicability

Chapter 9.73 applies to development agreements entered into after its effective date; it does not assign different agreement procedures, purposes, permitted uses, or dimensional standards to any district below. The City’s established districts are listed in § 9.03.010.

RSF 2

RSF 2 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 2-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 3

RSF 3 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 3-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 4

RSF 4 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 4-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 7

RSF 7 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 7-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 8

RSF 8 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 8-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 12

RSF 12 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 12-specific agreement rule. §§ 9.03.010, 9.73.010

RBR 12

RBR 12 is an established residential district. Its Chapter 9.73 agreement procedure is not different from other districts; purpose, typical uses, and most dimensions are Not found in source materials. The supplied materials do establish location-specific Beach Road stringlines and generally a 20 ft ground-floor front setback for listed properties, subject to listed exceptions. §§ 9.03.010, 9.09.040(a)(1), 9.73.010

RBRD 18

RBRD 18 is an established residential district. Its Chapter 9.73 agreement procedure is not different from other districts; purpose, typical uses, and most dimensions are Not found in source materials. The supplied materials establish Beach Road stringline controls and listed ground-floor front setbacks of 18 ft or 20 ft for specified properties. §§ 9.03.010, 9.09.040(a)(1), 9.73.010

RSF 14

RSF 14 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 14-specific agreement rule. §§ 9.03.010, 9.73.010

RSF 22

RSF 22 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RSF 22-specific agreement rule. §§ 9.03.010, 9.73.010

RD 14

RD 14 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RD 14-specific agreement rule. §§ 9.03.010, 9.73.010

RMF 7

RMF 7 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RMF 7-specific agreement rule. §§ 9.03.010, 9.73.010

RMF 12

RMF 12 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RMF 12-specific agreement rule. §§ 9.03.010, 9.73.010

RMF 14

RMF 14 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RMF 14-specific agreement rule. §§ 9.03.010, 9.73.010

RMF 22

RMF 22 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RMF 22-specific agreement rule. §§ 9.03.010, 9.73.010

RMF 30

RMF 30 is an established residential district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no RMF 30-specific agreement rule. §§ 9.03.010, 9.73.010

NC

NC is an established Neighborhood Commercial district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no NC-specific agreement rule. §§ 9.03.010, 9.73.010

CC/P

CC/P is an established Community Commercial/Pedestrian district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no CC/P-specific agreement rule. §§ 9.03.010, 9.73.010

CC/V

CC/V is an established Community Commercial/Vehicular district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no CC/V-specific agreement rule. §§ 9.03.010, 9.73.010

V/RC

V/RC is an established Visitor/Recreation Commercial district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no V/RC-specific agreement rule. §§ 9.03.010, 9.73.010

V/RC/T

V/RC/T is an established Visitor/Recreation Commercial/Timeshares district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no V/RC/T-specific agreement rule. §§ 9.03.010, 9.73.010

C/R

C/R is an established Commercial/Residential mixed-use district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no C/R-specific agreement rule. §§ 9.03.010, 9.73.010

P/R

P/R is an established Professional/Residential mixed-use district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no P/R-specific agreement rule. §§ 9.03.010, 9.73.010

P/A

P/A is an established Professional/Administrative office district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no P/A-specific agreement rule. §§ 9.03.010, 9.73.010

I/B

I/B is an established Industrial/Business district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no I/B-specific agreement rule. §§ 9.03.010, 9.73.010

CF

CF is an established Community Facility district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no CF-specific agreement rule. §§ 9.03.010, 9.73.010

REC

REC is an established Recreation district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no REC-specific agreement rule. §§ 9.03.010, 9.73.010

OS

OS is an established Open Space district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no OS-specific agreement rule. §§ 9.03.010, 9.73.010

CONS

CONS is an established Conservation district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no CONS-specific agreement rule. §§ 9.03.010, 9.73.010

TC

TC is an established Transportation Corridor district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no TC-specific agreement rule. §§ 9.03.010, 9.73.010

DPHRP

DPHRP is the Dana Point Harbor Revitalization Plan and District Regulations district. District purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 provides no DPHRP-specific agreement rule. §§ 9.03.010, 9.73.010

CRO

CRO is the Coastal Resource Overlay. Overlay purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 establishes no CRO-specific agreement procedure. §§ 9.03.010, 9.73.010

PRDO

PRDO is the Planned Residential Development Overlay. Overlay purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 establishes no PRDO-specific agreement procedure. §§ 9.03.010, 9.73.010

FPO

FPO is the Floodplain Overlay. Overlay purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 establishes no FPO-specific agreement procedure. §§ 9.03.010, 9.73.010

SPO

SPO is the Specific Plan Overlay. Overlay purpose, typical permitted uses, dimensional standards, and geographic applicability are Not found in source materials; Chapter 9.73 establishes no SPO-specific agreement procedure. §§ 9.03.010, 9.73.010

Checklist

Prepare and submit the applicant’s proposed development agreement with the application. § 9.73.060
Provide any additional information the Director determines is needed to complete the agreement. § 9.73.070
Show how the agreement provides project certainty and public benefits beyond ordinary project approvals. § 9.73.020
Demonstrate consistency with the General Plan and any applicable Specific Plan. § 9.73.070
Confirm the applicable City Council fee resolution and whether a waiver is sought. § 9.73.040
Account for the Notice of Intention and related public-hearing process. § 9.73.080
Obtain a Planning Commission recommendation and City Council approval by ordinance. §§ 9.73.090, 9.73.150
Verify the underlying district, overlay, and project-approval requirements with the jurisdiction. §§ 9.03.010, 9.73.070

Risks & Ambiguities

Issue	Why it matters	What to verify
Public-benefit finding	The agreement should add benefits beyond those already due through project approvals.	Identify the specific incremental public benefits and the findings for both decision-makers. § 9.73.020
Incomplete submittal	The Director may reject an application not completed as Chapter 9.73 requires.	Required supporting material and agreement form. § 9.73.070
Specific Plan consistency	Staff must evaluate consistency with an applicable Specific Plan as well as the General Plan.	Whether the parcel is subject to a Specific Plan and how the agreement addresses it. § 9.73.070
Fees	The chapter contains no dollar figure.	Current fee resolution and any City Council waiver request. § 9.73.040
Agreement duration, amendment, or termination	Chapter 9.73 provisions on these topics are not included in source materials.	Verify with the jurisdiction.
District standards	Chapter 9.73 does not supply use tables, setbacks, height, density, FAR, or parking standards.	Applicable base-district and overlay requirements; parcel-specific constraints. §§ 9.03.010, 9.05.010

Plain-English Summary

A development agreement is not a shortcut to build whatever you want in Dana Point. It is a City-approved contract for an already proposed project: the applicant must submit the agreement, show added public benefits and planning consistency, proceed through notice and Planning Commission review, and receive City Council approval by ordinance. §§ 9.73.020, 9.73.060, 9.73.070, 9.73.150

Source References

Dana Point Municipal Code, Development Agreements—authority and scope. § 9.73.010
Dana Point Municipal Code, Development Agreements—intent and purpose. § 9.73.020
Dana Point Municipal Code, Development Agreements—fees. § 9.73.040
Dana Point Municipal Code, Development Agreements—proposed agreement. § 9.73.060
Dana Point Municipal Code, Development Agreements—filing and review. § 9.73.070
Dana Point Municipal Code, Development Agreements—notice, processing, and approval. §§ 9.73.080, 9.73.090, 9.73.150
Dana Point Municipal Code, established zoning districts and general development standards. §§ 9.03.010, 9.05.010
Dana Point Municipal Code, Beach Road special development standards. § 9.09.040

Sources

Source passages

Dana Point Zoning Code § 9.73.010 Medium relevance
Dana Point Zoning Code § 9.03.010 Medium relevance
Dana Point Zoning Code § 9.73.060 Medium relevance
Dana Point Zoning Code § 9.09.040 Medium relevance
Dana Point Zoning Code § 9.73.090 Medium relevance
Dana Point Zoning Code § 9.73.150 Medium relevance
Dana Point Zoning Code § 9.73.080 Medium relevance
Dana Point Zoning Code § 9.73.020 Medium relevance
Dana Point Zoning Code § 9.05.010 Medium relevance
Dana Point Zoning Code § 9.73.070 Medium relevance
Dana Point Zoning Code § 9.73.040 Medium relevance

Cited sections

Official Dana Point code library

Frequently asked questions

What are the Development Agreement rules in Dana Point?

Dana Point processes development agreements under Title 9, Chapter 9.73. The applicant must submit a proposed agreement, the City reviews it for General Plan and applicable Specific Plan consistency, and the City Council must approve it by ordinance before the City Manager executes it. §§ 9.73.060, 9.73.070, 9.73.150

Does a Dana Point development agreement require public benefits?

Yes. Dana Point says an agreement should provide developers greater certainty to proceed with approved projects and should include public benefits beyond those already expected from project approvals. The Planning Commission and City Council must make that finding when considering the agreement. § 9.73.020

Can Dana Point combine development-agreement notice with a project hearing?

Yes. The Director of Community Development may give the Notice of Intention concurrently with the notice for related land-use proposals. The agreement may include all or part of those concurrently approved proposals. § 9.73.080

How long does the Dana Point Planning Commission have to recommend on a development agreement?

The Planning Commission must forward its recommendation to the City Council within 30 days of the hearing time stated in the Notice of Intention. Chapter 9.73 does not state a separate overall City Council decision deadline in the source materials. § 9.73.090

Does a development agreement change Dana Point zoning or permitted uses?

Not by itself under the supplied Chapter 9.73 rules. The chapter requires a consistency analysis, but it does not establish district permitted uses, zoning changes, setbacks, height limits, density, FAR, or parking ratios. §§ 9.73.070, 9.05.010

Is there a fee for a Dana Point development agreement application?

City Council establishes and may amend the filing and processing fee schedule by resolution. The Council may waive the fee in whole or in part, but Chapter 9.73 does not state a dollar amount. § 9.73.040

Can the Director reject a Dana Point development agreement application?

Yes. The Director reviews the application, determines what additional material is needed, and may reject an application that is not completed as Chapter 9.73 requires. § 9.73.070

Does a development agreement apply differently in Dana Point’s RSF, commercial, or overlay districts?

Chapter 9.73 does not create district-specific development-agreement procedures. Dana Point’s RSF, RMF, NC, CC/P, CC/V, C/R, DPHRP, and overlay districts remain established zoning designations, and the parcel’s underlying controls must be verified separately. §§ 9.03.010, 9.73.010

General information, not legal advice.

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