For minimum Plan Submittal Requirements see Plan Submittal Requirements.
The City of Dana Point requires permits for almost all construction including bathroom and kitchen renovations, deck and guardrail repairs and replacements, additions, alterations or otherwise changing the structural components of the dwelling.
Work Exempt from Permits
The following work is exempt from permits as outlined in Section 105.2 of the California Building Code in effect and as amended by the City of Dana Point:
- One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses and structures such as portable shade cloth structures, provided the floor area does not exceed 120 square feet (11 m2). Such structures must comply with the setback and height requirements of the City Zoning Ordinance and the Fire Code.
- Masonry or concrete fences not over 36 inches in height above lowest adjacent grade, and all other fences not over 6 feet (1,829 mm) in height above lowest adjacent grade.*Exception: Walls and fences less than six (6) feet in height which are required as a condition of project approval are required to have permits.
- Oil derricks.
- Retaining walls that are not over 3 feet (314.25 mm) in height measured from the bottom of footing to the top of wall unless supporting a surcharge or impounding Class I, II or IIIA liquids.
- Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
- Decks, platforms or similar structures, walkways, sidewalks and driveways not more than 30 inches (762mm) above adjacent grade, and not over any basement or story below, not attached to the structure and are not part of an accessible route.
- Painting, papering, tiling, carpeting, and similar finish work that does not involve electrical, mechanical or plumbing work.
- Temporary motion picture, television and theater stage sets and scenery.
- Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. Note: The electrical connection for a plug in or direct connect pump filter or heater does require a permit and inspection.
- Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
- Swings and other playground equipment accessory to detached one- and two-family dwellings.
- Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.
- Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
- Radio and television antenna, and flagpoles not over twelve (12) feet in height measured from grade.
Note: Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Specific requirements of some geographical areas of the city, such as bluff top lots, flood plain properties, town center or areas where a previous land movement has been identified.
A California Licensed Contractor
When the contractor/owner is not available to personally obtain the permit, an Owner-Builder Proxy or a Contractor Proxy is required. This form allows them to designate a proxy to perform this duty on their behalf. A letter of authorization is not acceptable for pulling permits by an agent.
Contractors working in the City of Dana Point are required to have a valid State of California Contractor's License in good standing. If a contractor has employees, proof of Workers' Compensation Insurance must be shown at the time of permit issuance. Contractors working alone may waive this requirement, but must show a pocket copy of their State Contractor's License.
Home Owner of Record
A homeowner can obtain a permit to do the construction, alteration or repair of a one or two-family dwelling and accessory buildings or facilities thereto if:
The owner resides or intends to reside in the dwelling, showing proof of residence and ownership. The construction is performed by the owner, and the owner signs a statement that no person will be employed in a manner as to become subject to the workers' compensation laws of the State of California.
When a permit is taken out, the signature and identity of the applicant must be verified. A California Driver's License, State of California Identification Card, or other positive identification will meet this requirement.
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When work has begun without a permit or the work is discovered after the fact, the City has established a procedure for resolution.
- The first step is to establish the extent of work performed without permits. This is usually done by a Special Investigation. This requires the Property Owner of record to obtain the special investigation permit and schedule the site inspection.
- The next step would be to submit plans for review & approval.
For additional information please review the Resolution of Work Without Permits handout.
Please note: There are no "Grandfather" clauses that allow previous un-permitted work to remain un-permitted. Upon discovery, it is the current property owner's responsibility to resolve the un-permitted work. A foreclosure, short sale, flip property, or probate sale does not release the new owner from the un-permitted work resolution liability.
It is always advised to check the permit history prior to close of escrow.
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