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Dana Point ADUs

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Dana Point ADU Guidelines Last Updated 08/14/21

The city government of Dana Point will approve ADUs under California's statewide mandated regulations.
The California Building Code (CBC) 2019 is adopted.

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City Hint: The City of Dana Point permitted a total of 15 ADU projects in the past year of 2020.


Number of ADUs allowed:

Under state law, each single-family home may now create at least one ADU. Owner occupied single-family lots may create one ADU and one Junior Accessory Dwelling Unit. Multi-family lots, per every four existing residential units, may create one ADU, so long as the existing units were legally established.

Types of ADUs allowed:

Detached ADU, Attached ADU, Junior ADU are permitted. ADUs may be new construction or converted from existing space. JADUs must be converted from existing space.

Lot size:

Residential properties will not be subject to any minimum lot size for Accessory Dwelling Unit (ADU)s by ordinance or of the underlying zoning district. ~ AB68

ADU size:

Single-family and multi-family Lots will be allowed to build up to 850 sq. ft. for a one bedroom ADU or up to 1,000 sq. ft. for a two bedroom ADU, regardless of the underlying zoning standards of the property. A Junior Accessory Dwelling Unit up to 500 sq. ft. is allowed. The minimum size of any living unit (including Accessory Dwelling Unit (ADU)s and Junior Accessory Dwelling Units) is 150 sq. ft. according to California Residential Code. ~ AB68

Setbacks:

Setbacks for a detached new construction Accessory Dwelling Unit shall be no more than 4 ft from the rear and side lot lines. No setbacks shall be required for Accessory Dwelling Units and Junior Accessory Dwelling Unit (JADU)s converted from legally eastablished existing space. Attached new construction Accessory Dwelling Units and conversions from existing space to be expanded must comply with the setbacks of the underlying zone. ~ According To AB68

Parking:

Replacement parking shall not apply to properties which convert an existing garage to an Accessory Dwelling Unit or Junior Accessort Dwelling Unit (JADU). ~ AB68 & AB881 Update

Fire Safety:

Accessory dwelling units shall not be required to provide fire sprinklers unless they are also required for the primary dwelling. ~ State Standards

Shape, materials and style:

Specific design styles and restrictions are not specified under State Standards. Passageways shall not be required in conjunction with the construction of an accessory dwelling unit. ~ State Standards

Height:

The maximum height of an ADU is not specified in the state standards. If ADU maximum height is not established locally, the height limitations of the underlying zone shall apply. ~ State Standards

Design review:

The municipality shall provide a ministerial review process which is not based on a discretionary approval for an ADU. The process shall take no less than 120 days. Valid applications submitted for ADUs, if not approved or denied within 120 days from submission, shall be considered approved. ~ State Standards

Number of Bedrooms:

No maximum number of bedrooms is established other than that implied by the maximum size of an ADU allowed. ~ State Standards

Ownership:

Owner-occupancy will not be required for new Accessory Dwelling Unit (ADU)s (conversion and new construction) built between 2020 and 2025. ~ According To SB13

Utility connections:

Connection and utility fees shall be reasonable, and shall not be disproportionately higher than those to develop primary dwellings, so as not to deter the development of ADUs. If a private sewage disposal system is used, such as a septic system, review and approval by a local health officer may be required. ~ State Standards

Allowed Zones:

*** Beginning in 2020, according to state law, all residential zoning districts, including single-family and multi-family, are allowed to build Accessory Dwelling Units. ***

Residential Building Code:

The California Building Code (CBC) 2019 is adopted.

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