Orange County

Dana Point ADU rules

Research summary of what we found for City of Dana Point in Orange County. Not a determination for a specific lot.

Last checked November 3, 2026.

City or county ADU page

Dana Point Planning department. No ADU-specific page was found.

How big can an ADU be in Dana Point?

Maximum size (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): Other ADUs may have up to 850 sq ft of interior livable space with one bedroom or less, or 1,000 sq ft with more than one bedroom. An attached ADU added to an existing home is also limited to 50% of the home's living area, but never below 800 sq ft. Conversions of existing space have no size limit. Every ADU must be at least 150 sq ft. With a site development permit, an ADU may reach 1,200 sq ft of living area.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(E)(2)(c), (F)(6), (H)(3), accessed 2026-11-03.

ADU setbacks in Dana Point

Setbacks (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): New attached and detached ADUs need at least 4 ft side and rear setbacks, and no part of the ADU (including HVAC equipment, stairs and patio covers) may extend into them. The zone's front setback applies unless it would prevent an ADU of at least 800 sq ft. No setback is needed for existing living area or an accessory structure converted to an ADU, or for a same-size rebuild in the same place.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(E)(2)(a), (F)(4), accessed 2026-11-03.

What we found for Dana Point

What we have for this place. Where a local figure is stricter than the California state baseline, both are shown.

Local regulations (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): Dana Point's ADU rules are in Zoning Code section 9.07.212 (ADUs) and 9.07.215 (JADUs), set by Ordinance 26-07. Part of Dana Point is in the Coastal Zone, where the ordinance does not yet apply and the older second dwelling unit rules of the Local Coastal Program are used instead. This lookup cannot tell whether a parcel is in the Coastal Zone; check with the Planning Division.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(F)(1)(b), accessed 2026-11-03.

Coastal Zone rules
In the Coastal Zone, an ADU needs a coastal development permit and a conditional use permit, and the City applies the second dwelling unit rules of its Local Coastal Program (Zoning Code section 9.07.210, restored by Ordinance 26-08 on September 15, 2026) until the Coastal Commission acts on an update. Those older rules differ from state ADU law in several ways. Ask the Planning Division which rules apply to your parcel.
Source: Dana Point Ordinance 26-08, Zoning Code § 9.07.210 Second Dwelling Units (eCode360), Sections 2-3; Exhibit A, § 9.07.210(b), accessed 2026-11-03.

Local ADU rules (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): Ordinance 26-07, adopted September 15, 2026, replaced the City's ADU rules (urgency Ordinance 25-11 of September 2025 and Ordinance 25-04) with Zoning Code sections 9.07.212 and 9.07.215. It is listed on eCode360 as a new law not yet merged into the code text. ADU and JADU permits are reviewed ministerially, without a hearing, and acted on within 60 days of a complete application. ADUs that do not meet the standards may still be allowed with a site development permit from the Planning Commission.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(D)(4), (H); § 9.07.215(C)(4), accessed 2026-11-03.

ADU types under state law (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): These ADUs must be allowed and may be combined. On a single-family lot: one ADU and one JADU inside the home, or an ADU inside an accessory structure (which may grow up to 150 sq ft for entry and exit), plus one new detached ADU of up to 800 sq ft of livable space with 4 ft side and rear setbacks. On a lot with an existing multifamily building: converted ADUs in non-livable space (the greater of 25% of the existing units or one per building) and up to 8 detached ADUs; with a proposed multifamily building, up to 2 detached ADUs. These ADUs need no parking.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(E), accessed 2026-11-03.

Height (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): A detached ADU, or one attached to an accessory structure, may be 16 ft. It may be 18 ft within a half mile walk of a major transit stop or high-quality transit corridor, or on a lot with a multistory multifamily building, plus 2 ft to match the main home's roof pitch. An ADU attached to the main home may be 25 ft or the zone's limit, whichever is lower, and may have two stories. Roof decks and balconies are not allowed on an ADU.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(F)(5), (F)(7)(a)(vi), accessed 2026-11-03.

Parking (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): ADUs other than the state-law types need one off-street space each, except an efficiency unit. An uncovered space may be tandem or in a setback unless site, slope or fire safety conditions rule it out. No space is needed within a half mile walk of public transit (including bus stops), in a historic district, for an ADU inside the home or an existing accessory structure, where on-street permits are required but not offered, within one block of a car share area, or when the ADU is filed with a new home or multifamily building. A JADU needs no parking, and garage spaces converted to a JADU need not be replaced.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(F)(8); § 9.07.215(D)(4), accessed 2026-11-03.

Public safety areas (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): In six listed areas (RMF14 between Selva and Pacific Coast Highway; RMF14 on Nottingham Way and Cheltam Way; RSF22 between La Crest and Pacific Coast Highway; C/R in Doheny Village; RD-14 and RSF12 in Capistrano Beach), a lot whose existing parking or driveway length does not meet current standards needs a site development permit for an ADU or JADU, other than the state-law ADU types.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(F)(1)(c)-(d), accessed 2026-11-03.

Junior ADUs (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): One JADU of up to 500 sq ft of livable space is allowed inside the walls of a single-family home, with an efficiency kitchen and its own exterior entrance. A lot may have one JADU plus one attached and one detached ADU. The owner must live in the JADU or the main home unless the JADU has its own bathroom. A JADU may not be sold separately and is not a separate unit for utility connection fees.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.215(C)(4)(c), (D)(1)-(3), accessed 2026-11-03.

Utilities, renting and other terms (non-coastal areas only)
Outside the Coastal Zone only (does not apply to Coastal Zone parcels): Every detached ADU needs its own utility meter, with a connection fee in proportion to its size. Each ADU needs its own exterior entrance. Other detached ADUs need a permanent foundation and may not harm a historic resource. An ADU may not be rented for less than 30 days or sold separately, except as state law allows.
Source: Dana Point Ordinance 26-07, Zoning Code §§ 9.07.212 and 9.07.215 (eCode360), § 9.07.212(F)(2), (F)(7), accessed 2026-11-03.

State housing department (HCD) review
On August 13, 2025, HCD sent Dana Point a second notice of violation, finding that Ordinance 25-04 still did not comply with state ADU law on eight of its earlier findings and that the City had not carried out its housing element ADU programs. The City had until September 12, 2025 to respond. It adopted an urgency ordinance that September and, after an HCD technical assistance letter in June 2026, adopted Ordinance 26-07 on September 15, 2026. Confirm the current rules with the City of Dana Point.
Source: HCD second notice of violation, City of Dana Point, Letter of August 13, 2025, accessed 2026-11-03.

California state rules

The statewide baseline recorded from state law and the HCD ADU Handbook.

Detached size cap described in state law
1,200 sq ft. From Government Code section 66314.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Side and rear setback cap for a new ADU
4 ft. From Government Code section 66314, which describes a cap on side and rear setbacks for a new ADU.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Setback for a conversion of an existing structure
No additional setback, from Government Code section 66314 for a conversion of an existing structure.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum lot size
A city may not impose a minimum lot size for an ADU, from Government Code section 66314.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum unit the handbook says cities must allow
At least an 800 sq ft ADU with 4 ft side and rear setbacks. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(3).
Source: HCD ADU Handbook, 66321(b)(3); handbook updated March 2026, accessed 2026-10-16.

Detached height described in the handbook
16 ft, or 18 ft or 20 ft in some cases. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(4).
Source: HCD ADU Handbook, 66321(b)(4); handbook updated March 2026, accessed 2026-10-16.

Permit decision deadline
60 days. From Government Code section 66317(a)(3): the permitting agency must decide on (approve or deny) a completed ADU application within 60 days when an existing single-family or multifamily dwelling is on the lot. Section 66317(a)(1) says the application is considered ministerially, without discretionary review or a hearing.
Source: California Government Code section 66317, 66317(a)(1), (a)(3), accessed 2026-10-17.

Owner-occupancy requirement
None. From Government Code section 66315: a local agency may not impose an owner-occupancy requirement on an ADU. It may require that the property be used for rentals of terms 30 days or longer. The HCD ADU Handbook (updated March 2026) describes the same rule.
Source: California Government Code section 66315, 66315; HCD ADU Handbook updated March 2026, accessed 2026-10-17.

Parking near public transit
No parking standards within one-half mile walking distance of public transit. From Government Code section 66322(a)(1). Section 66322(a) lists several other cases where parking standards may not be imposed.
Source: California Government Code section 66322, 66322(a), accessed 2026-10-17.

Ministerial categories
The HCD ADU Handbook (updated March 2026) states that Government Code section 66323 sets four ministerial categories. What we have does not restate those four categories.
Source: HCD ADU Handbook, 66323; handbook updated March 2026, accessed 2026-10-16.

Fire Hazard Severity Zones
If your lot is in a Fire Hazard Severity Zone, the CAL FIRE Office of the State Fire Marshal says in Information Bulletin 25-004 (issued March 3, 2025): “Fire Hazard Severity Zones (FHSZs) should not restrict the development of Accessory Dwelling Units (ADUs). However, additional building standards may be necessary, including but not limited to California Fire Code Chapter 49 and California Building Code Chapter 7A.” State ADU law does not itself bar an ADU there. A city or county may still apply its building code, including wildfire-resistant construction (Gov. Code 66314(d)(8)); require side and rear setbacks “sufficient for fire and safety” for a unit converted under 66323(a)(1); and decline parking in setbacks on specific fire and life safety findings (66314(d)(10)(B)). It may also consider public safety when it designates where ADUs may be permitted (66314(a)). Sprinklers can't be required in an ADU or JADU if the primary residence doesn't need them (66314(d)(12), 66323(d)). Some cities and counties still apply their own fire-zone limits. Where this summary has one, it is listed with the local rules. This summary does not look up your lot. Check the CAL FIRE Fire Hazard Severity Zone map viewer linked from the State Fire Marshal's Fire Hazard Severity Zones page: https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9
Source: CAL FIRE Office of the State Fire Marshal Information Bulletin 25-004, page 4, issued March 3, 2025; Gov. Code 66314, 66323, accessed 2026-10-20.

Starting January 1, 2027: two detached ADUs
Starting January 1, 2027, AB 956 (Chapter 791, Statutes of 2026) raises from one to two the number of new detached ADUs a city or county must allow, without discretionary review, on a lot with a proposed or existing single-family home (Gov. Code 66323(a)). Each may be held to 800 sq ft, 4 ft side and rear setbacks and the state height limits. The city or county does not have to also allow a JADU on a lot where two new detached ADUs have been built. AB 956 also makes HOA and deed rules that effectively prohibit or unreasonably restrict an ADU or JADU void on any lot zoned to allow a single-family home, not only lots zoned for single-family use (Civil Code 4751 and 714.3).
Source: AB 956 (2025-2026), Chapter 791, Statutes of 2026, Gov. Code 66323; Civil Code 714.3, 4751; signed September 29, 2026, accessed 2026-11-03.

Starting January 1, 2027: impact fees above 750 sq ft
No impact fee may be charged on an ADU of 750 sq ft or less, or a JADU of 500 sq ft or less (Gov. Code 66311.5(c)). Starting January 1, 2027, SB 1117 (Chapter 809, Statutes of 2026) changes how fees are figured for larger ADUs: for up to two ADUs on a lot, the proportional impact fee is charged only on the interior livable space above 750 sq ft. On a lot with more than two ADUs, the fee stays proportional to the whole ADU. Utility connection fees and capacity charges are not changed.
Source: SB 1117 (2025-2026), Chapter 809, Statutes of 2026, Gov. Code 66311.5(c); signed September 29, 2026, accessed 2026-11-03.

State baseline on the directory → · State ADU rules on the homepage →

ADU rules near Dana Point

San Juan Capistrano · about 3 miles
San Clemente · about 5 miles
Aliso Viejo · about 7 miles
Laguna Hills · about 8 miles
Rancho Santa Margarita · about 12 miles

Can I build an ADU in Dana Point?

State law sets a baseline for ADUs in Dana Point, and what we found locally is listed on this page. Whether a specific lot can add an ADU depends on zoning, utilities, and other site facts this page does not measure. Confirm with the City of Dana Point Community Development Department (Planning Division), or run a free address summary.

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