Orange County · checked 2026-09-13
Can you BnB it in Dana Point?
AllowedDana Point allows short-term rentals with a city permit under two tracks: 115 permits outside the Coastal Zone (at most 60 non-primary) and a separate coastal program under CDP22-0010, with waitlists once caps fill. A permit expires when title transfers to a buyer, except family or inheritance transfers that do not trigger reassessment, and primary residence permits are limited to 60 rental days per year.
The rules, with their sources
Permit or licenseA permit or license is required before operating.L15.38.045(a) · code text · checked 2026-09-13
Hosted onlyThe code does not limit rentals to hosted stays.L1DPMC Ch. 5.38: added by Ord. 13-01 (4-2-13); amended by Ord. 21-02 (6-1-21), Ord. 21-08 (11-16-21), Ord. 23-01 (2-7-23), Ord. 25-09 (6-17-2025). Coastal Zone: CDP22-0010 (A-5-DPT-22-0038) · code text · checked 2026-09-13
Primary residenceThe code does not require the rental to be the operator's primary residence.L1DPMC Ch. 5.38: added by Ord. 13-01 (4-2-13); amended by Ord. 21-02 (6-1-21), Ord. 21-08 (11-16-21), Ord. 23-01 (2-7-23), Ord. 25-09 (6-17-2025). Coastal Zone: CDP22-0010 (A-5-DPT-22-0038) · code text · checked 2026-09-13
Night capUnhosted rentals are capped at 60 nights per year.L1DPMC Ch. 5.38: added by Ord. 13-01 (4-2-13); amended by Ord. 21-02 (6-1-21), Ord. 21-08 (11-16-21), Ord. 23-01 (2-7-23), Ord. 25-09 (6-17-2025). Coastal Zone: CDP22-0010 (A-5-DPT-22-0038) · code text · checked 2026-09-13
Caps and limitsOutside the Coastal Zone: 'A total maximum of 115 STR permits may be issued for any type of STR located at dwellings outside the City's Coastal Zone.' (5.38.030(a)), and 'No more than 60 of the available STR permits shall be for non-primary STRs.' (5.38.030(b)(3)). Inside the Coastal Zone, per the city program page under CDP22-0010: maximum 115 permits for non-primary, multi-family and mixed-use STRs, with home stay and primary residence STRs not capped. Preferred types (home stay, primary residence, multiple-family home stay, mixed-use parcel STRs) get 75 percent fees and waitlist priority. The 60 in unhosted_night_cap is not a permit cap: a primary residence STR may be rented a maximum of 60 days per 12 month period (5.38.090(d)(1)); non-primary STRs have no night cap.L15.38.030(a) · code text · checked 2026-09-13
Transfer when the home sellsDefault: no transfer. 'When a parcel upon which a dwelling exists for which an STR permit has been issued is sold, the STR permit shall expire upon the date the title to such parcel transfers, and the STR permit shall not transfer to the new property owner.' (5.38.030(c)). Exception: if ownership changes through inheritance, or a family transfer that results in no new property tax assessment of the parcel, the permit may be transferred provided the new owners are family members of the prior owner (5.38.030(d)). No entity, LLC or trust exception beyond that is stated. An ordinary buyer applies new and, if the cap is reached, goes on the waitlist (5.38.060).L15.38.030(c) · code text · checked 2026-09-13
Read the code text →
In the city's own words
5.38.045(a)“No person shall rent, offer to rent, or advertise for rent a dwelling for use as an STR without a valid STR permit approved and issued by the City of Dana Point for the dwelling.” source
5.38.030(a)“A total maximum of 115 STR permits may be issued for any type of STR located at dwellings outside the City's Coastal Zone.” source
5.38.030(b)(3)“No more than 60 of the available STR permits shall be for non-primary STRs.” source
5.38.030(c)“When a parcel upon which a dwelling exists for which an STR permit has been issued is sold, the STR permit shall expire upon the date the title to such parcel transfers, and the STR permit shall not transfer to the new property owner.” source
Citation: DPMC Ch. 5.38: added by Ord. 13-01 (4-2-13); amended by Ord. 21-02 (6-1-21), Ord. 21-08 (11-16-21), Ord. 23-01 (2-7-23), Ord. 25-09 (6-17-2025). Coastal Zone: CDP22-0010 (A-5-DPT-22-0038)
Check a specific address
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How this page was verified
Verified from the municipal code (level 1), checked on 2026-09-13 by the CanIBnB research desk. Research is AI assisted and human reviewed; the method, the level system, and the re-check schedule are on the How we verify page. If anything here is wrong, report it and it goes in the public corrections log.