Chapter 9.03 — ESTABLISHMENT OF ZONING DISTRICTS

The zoning districts listed in the table below are established in order to carry out the purpose of this Code.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 10-02, 2/22/10; Ord. 10-08, 9/27/10)

The Zoning Map of the City of Dana Point dated November 23, 1993, or as subsequently amended, and on file with the City Clerk, is herein adopted by reference and shall hereafter exist pursuant to and as an integral part of this Zoning Code. (Added by Ord. 93-16, 11/23/93)

Where uncertainty exists as to zone boundaries of any Zone District shown upon the Zoning Map, or any part thereof, the following provisions shall apply:

• (a) Where Zone Boundaries are shown as approximately following lot lines or the right-of-way lines of highways, streets, or alleys, such lines shall be construed to be the Zone Boundaries. In other cases the Zone Boundary of a Zoning District shall extend to the center line of the street.

• (b) In the case of unsubdivided property where a Zone Boundary divides a lot, the location of the Zone Boundary, unless said Zone Boundary is indicated by dimensions of legal description, shall be determined by use of the scale appearing on the Zoning Map.

• (c) Where a public highway, street, or alley, or any portion thereof, is officially vacated or abandoned, the area comprising such vacated highway, street or alley shall acquire the zone classification of the property to which it reverts. General Plan Circulation Element roadways should be considered for recreational/open space land use.

• (d) Unless otherwise determined by a rezoning, any submerged lands which may be reclaimed by natural accretion shall immediately be subject to the same regulations of this Code as those specified for the most restrictive abutting district, provided the zoning conforms to the principles and policies stated in the Local Coastal Program of the General Plan. The Zoning Map shall be adjusted by a notation indicating the classification without further procedure. If the most restrictive zoning of the activity and/or property is not consistent with the principles and policies of the General Plan and Local Coastal Program, no development may occur until the property is rezoned to be in conformance with the General Plan and Local Coastal Program.

• (e) Any submerged lands to be reclaimed by fill for use as a land area shall be prezoned prior to City approval of the fill. The prezone shall be consistent with the General Plan and Local Coastal Program. Permitted fill activities required in an emergency for the protection of public health or safety shall be exempt from this requirement.

• (Added by Ord. 93-16, 11/23/93)