The Central Commercial Zone (CC Zone) allows activities that preserve and enhance the style and quality of the village center district of Del Mar. The CC Zone is the City's principal location for retail, restaurant, personal service and office uses serving the needs of both residents and visitors. Development in the CC Zone shall be compatible with the intellectual, social and material needs of the community. Development shall emphasize pedestrian orientation.

(Ord. No. 824; Ord. No. 863)

Property within the CC Zone shall be designated by ordinance to be depicted upon the City zone map.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage.

A.

Community Services/Cultural Uses means any use where the provision of information from a recognized visitor-information organization or providing cultural and/or entertainment opportunities constitutes 51 percent or more of the establishment's activity.

B.

Horizontal Zoning Requirements means the requirements of this Chapter that regulate the allowable uses in Street-Frontage Building Spaces.

C.

Legal Nonconforming Use means an existing use that was legally permitted prior to the effective date of an ordinance amending this Chapter to establish Horizontal Zoning Regulations but which, by virtue of such amendment, is no longer deemed to be an allowable use in the location in which it is being operated.

D.

Personal Service Uses mean commercial establishments where the face-to-face provision of services to individual customers constitutes 51 percent or more of the establishment's activity.

E.

Retail Uses mean commercial establishments where the sale of goods and/or commodities stored and sold on-site in face-to-face transactions constitutes 51 percent or more of the establishment's activity.

F.

Restaurant/Bar Uses means commercial establishments where the preparation and sale of food and/or beverages for on-site consumption constitutes 51% or more of the establishment's activity.

G.

Street-Frontage Building Space means that portion of a building having frontage along either Camino Del Mar or 15th Street and which is closest in elevation and alignment to the frontage street.

(Ord. No. 824)

The following uses are allowed in Street Frontage Building Spaces, as defined in this Chapter:

A.

Community Services/Cultural Uses.

- Art Galleries and studios

- Photo galleries and studios

- City of Del Mar information centers

- Museums

- Theaters

B.

Personal Service Uses.

- Barber Shops and Beauty Parlors

- Custom printing or Duplicating shop

- Day Spas

- Health Studios

- Instructional arts studios

- Dry Cleaning or Clothes Cleaning Services

- Paper Reproduction and Copy Shops

- Pet Grooming Providers (excluding overnight boarding)

- Postal Services (non-governmental administered)

- Photographic Reproduction Services

- Photography studios

- Shoe Repair Shops

- Travel Agencies

- Any other establishment which is found by the Director of Planning and Community Development to be unambiguously consistent with the definition of Personal Services, as provided in this Chapter

C.

Restaurant Use.

- Bars, Cocktail Lounges, Wine Bars

- Coffee Houses/Cafés

- Delicatessens

- Ice Cream/Yogurt/Smoothie Shops

- Restaurants

- Sandwich Shops (with on-site consumption)

- Tea Rooms

Note: Any activity listed as an allowable use in the CC Zone and which involves the sale of alcohol for on-site consumption between the hours of 11:00 p.m. and 6:00 a.m. shall be subject to the receipt of a Conditional Use Permit.

D.

Retail Uses.

- Antique Shops

- Apparel/Clothing Shops

- Appliance Sales

- Bakeries (retail, with no on-site consumption)

- Book and Stationery Stores

- Camera Shops

- Candy and Confectionary Stores

- Dressmaking or Millinery Shops

- Drug Store/Pharmacy

- Florist Shops

- Furniture and Home Furnishing Stores

- Garden Shops

- Gift Shops

- Grocery and Food Stores

- Hardware Stores

- Hobby and Art Supply Stores

- Jewelry Stores

- Leather Goods and Luggage Shops

- Liquor Stores

- Meat and Poultry Shops

- Music Shops

- Newspaper and Periodical Shops

- Stamp or Coin Collecting Stores

- Pet Shops

- Shoe Stores

- Plant nurseries

- Smoke Shops

- Sporting Goods Stores

- Take-Out Sandwich Shops (Take out only, no on-site consumption. Where on-site consumption occurs, the use shall be considered to be a restaurant.)

- Television, Radio, and Electronic Equipment Sales

- Video/DVD sales and Rental Shops

- Yardage Shops

(Ord. No. 662; Ord. No. 718; Ord. No. 824)

A.

Multiple dwelling unit residential use (0—20 dwelling units per acre) is an allowed use in the CC zone for mixed use projects that include an affordable housing component for lower income households. The minimum amount of affordable housing units included in a project must be calculated in accordance with Chapter 24.21 and provided on-site. Any fractional unit obligation shall be rounded up.

B.

Proposed multiple dwelling unit development shall maintain a pedestrian-oriented, predominately retail village character, with attractive walkways and courts which encourage social interaction.

C.

Project design shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.

(Ord. No. 1006, § 1, 4-15-2024; Ord. No. 1016, § 1, 4-21-2025)

The following are, pursuant to existing zoning regulations, permitted uses in non-street frontage building spaces but do not qualify as Street-Frontage Building Spaces:

A.

Any use allowed in Street-Frontage Building Spaces, as identified in this Chapter.

B.

Offices, including Professional, Medical, Real Estate and Financial Institutions.

C.

Multiple dwelling unit residential use in compliance with Section 30.22.031.

(Ord. No. 824; Ord. No. 1006, § 2, 4-15-2024)

The owner of a Street-Frontage Building Space regulated by the Horizontal Zoning Requirements of this Chapter may seek relief from such requirements in accordance with the following:

A.

The property owner shall submit an application for an Exception Permit, on a form provided by the City, stating the rationale for the request and the manner in which the unique circumstances associated with the property support a finding of compliance with the Standards of Review for Exception Permits contained in this Section;

B.

The property owner shall pay a fee, as established by resolution of the City Council, for processing of the application;

C.

The application shall be reviewed by the City Council at a noticed public hearing conducted in accordance with the provisions of the DMMC;

D.

The City Council's grant of an Exception Permit pursuant to this Section shall be subject to such conditions as deemed necessary to implement the City's expressed goal for encouragement of retail-oriented commercial uses and to create a pedestrian-oriented downtown.

E.

The application shall be approved if the City Council makes all of the following findings of fact:

Standards of Review for Grant of an Exception Permit:

1.

The Street-Frontage Building Space for which the Permit is sought is, by virtue of existing unique circumstances such as topography, building alignment or building design, constrained from being successful for one of the uses listed in Section 30.22.030. For purposes of this Section, examples of existing unique circumstances shall include, but not be limited to, the following situations wherein: a) the floor level of the Street-Frontage Building Space is at an elevation differential of 36 inches or more from the level of adjacent street-frontage sidewalk measured at the entry to the building space; b) the building face of the Street-Frontage Building Space is set back from the adjacent street-frontage sidewalk by a distance of 25 feet or more; or c) the building face of the Street-Frontage Building Space contains a minimal number of windows that would otherwise allow passersby on the frontage sidewalk to observe goods and commodities for sale or to observe services available in the interior of the building space;

2.

The constraints identified in Subsection E.1. of this Section cannot be feasibly overcome by building or grading alterations. For purposes of this Section, the term "feasibly overcome" shall mean: Capable of being accomplished without an undue financial hardship; and

3.

The proposed use is listed as an allowable use in the Central Commercial Zone.

F.

A property owner may apply for an Exception Permit to be relieved from a determination of abandonment. An application seeking relief under this Subsection F. shall be filed no later than 30 days prior to the end of the abandonment period and shall include sufficient documentation establishing: 1) the property owner has been unable to rent (or sell if the property is currently or was within the preceding 12 months marketed for sale) the property; and, 2) the property owner has made commercially reasonable efforts to rent or sell the property. An Exception Permit under this Subsection F. may only be granted if the City Council finds that: 1) the property owner has made commercially reasonable efforts to rent or sell the property; and, 2) the property has been unoccupied for no more than 12 consecutive months prior to the date the application for an Exception Permit was received by the City.

(Ord. No. 824)

A.

Notwithstanding other provisions of the Del Mar Municipal Code, a nonconforming use in a Street-Frontage Building Space may continue unless or until the occurrence of any of the following events:

1.

The use is abandoned;

2.

The use is extended or enlarged;

3.

There is a substantial change in the intensity of use or character of the activity conducted within the building space; or

4.

The building space in which the nonconformity is located is destructed, deemed by the City to be uninhabitable or declared a public nuisance.

B.

Where one of the events identified in Subsection A. of this Section occurs, the legal nonconforming use shall cease and any and all future uses shall conform with the provisions of this Chapter.

C.

For purposes of this Chapter, the following terms shall have the meaning described below:

Abandoned shall mean the discontinuance of operation, for any reason, for a period of 12 consecutive months.

Destructed shall mean the physical impairment, by any cause, of 50% or more of the structural premises in which the use is located, such that the use can no longer be maintained or operated in that portion of the premises. Such destruction shall be measured either by the occupied square footage of the premises or by the estimated cost of repairs to the premises compared against the structural value of the premises.

Enlargement shall refer to the nonconforming use and shall include the addition of any employees, workers or agents operating within or from the premises, or the addition of any services, lines of business, or other activities operated by the nonconforming use.

Uninhabitable shall mean not fit for occupancy due to non-compliance with the Uniform Building Code, as determined by the City's Building Official.

(Ord. No. 824)

A.

This Section shall apply only to those properties located within the Central Commercial Zone that contain permitted development(s) and off-street parking spaces accessory to the permitted development.

B.

Off-street parking spaces accessory to permitted development may be made available by the property owner for use as general public parking during the period(s) when such spaces are not reserved, encumbered, or designated to satisfy the off-street parking of a business or activity.

C.

For purposes of this Section, the term "permitted development" shall mean structures and/or the operation of uses or activities that, at the time of their construction or establishment, were in compliance with all applicable local laws.

D.

For purposes of this Section, the term "general public parking" shall mean the use of off-street parking spaces by members of the public, as distinguished from parking spaces reserved, encumbered or designated specifically for use by the patrons, operators or employees of a business or activity at the property. For purposes of this Chapter "general public parking" is also distinct from parking spaces developed and/or maintained by the City of Del Mar.

E.

The use of off-street parking spaces for general public parking shall be subject to the prior receipt of written authorization from the Director of Planning and Community Development ("Director"), or designee, in accordance with the provisions of this Chapter.

F.

A fee may be charged for the use of the general public parking, subject to the prior receipt of written authorization by the Director, in accordance with the provisions of this Chapter.

(Ord. No. 863)

A.

A request for Authorization for general public parking shall be submitted on a form provided by the City, along with such information and drawings as required by the Director.

B.

The Request shall include:

1.

The statement that the property owner consents to the filing of the request;

2.

A statement that each of the operators of the businesses or activities being conducted at the property has been made aware of the filing of the request;

3.

A statement that there will be no substantial overlap in the operating hours of the businesses or activities conducted at the property and the hours of the requested general public parking;

4.

A description of the proposed operation of general public parking; and

5.

A plan for all amenities to be installed in association with the Request for Authorization.

C.

Public Notice of the Planning Director's review of a Request for Authorization shall be provided as follows:

1.

Published once in a newspaper of general circulation within the City;

2.

Mailed to all owners of real property within 300 feet of the location of the property for which the Request for Authorization has been submitted, with ownership as identified on County Tax Assessors' rolls; and

3.

Posting at City Hall and on the City of Del Mar Web-site by staff and posting at the property by the property owner on a form provided by the City.

D.

The notice required herein shall contain the date, place, and time set for the Director's review of the submitted Request for Authorization, along with a brief description of the proposal and explanation of the review process.

E.

The Director may impose such conditions to the Request for Authorization as deemed necessary to ensure compliance with the provisions of this Chapter.

F.

The Director's authorization granted pursuant to this Section may be revoked upon a written finding by the Director that the general public parking is being used or operated in a manner inconsistent with the terms and conditions of an approved Request for Authorization or in a manner that would be inconsistent with the provisions of the Del Mar Municipal Code or that the general public parking is being operated in a manner that constitutes a nuisance.

G.

The Director's decision on a Request for Authorization pursuant to this Section shall be appealable to the City Council in accordance with the provisions of the Del Mar Municipal Code.

H.

The Director's approval of a Request for Authorization shall be valid for a period of two years from the date of approval. Not more than six months prior to the expiration of an approved Request for Authorization, a property owner may make a written submittal for Renewal of a Request for Authorization. The Renewal shall be approved unless the Director makes written findings that there have been changed circumstances since the time of approval of the Request for Authorization that would render the Renewal of a Request for Authorization inconsistent with one or more of the provisions of this Chapter.

I.

The Director's approval of a Request for Authorization shall not constitute authorization of other, separate city permits, as may be required per the Del Mar Municipal Code.

(Ord. No. 863)

A.

Provided a conditional use permit for any such use has first been obtained and is in full force and effect, the following uses are allowable in the CC Zone:

Commercial Mobile Radio Service Facilities—Minor

Child Day Care Facilities

Gasoline Service Stations

Hotels, Motels or Auto Courts

Motion Picture and Legitimate Theaters

Newspapers, Printers

Outdoor sales

Public Utility Buildings

Veterinary Clinics

Private Clubs, Fraternal Organizations

Parking Lots and Parking Garages, not accessory to a permitted use

B.

Any allowed or conditionally allowed use that involves the sale of alcohol for on-site consumption between the hours of 11:00 p.m. and 6:00 a.m.

C.

Any similar enterprise, business or use which, in the opinion of the City Planning Commission, or the City Council on appeal, is functionally equivalent to one of the other conditionally allowed uses within the CC Zone.

(Ord. No. 662; Ord. No. 669; Ord. No. 718)

A.

One dwelling unit as accessory to and on the same site as that of a permitted use, and conforming to the parking requirements of the R2 Zone.

B.

Accessory uses customarily incidental to the above, including accessory storage of commodities sold on the premises.

C.

Off-street automobile parking as an accessory use to any permitted use.

A.

No lot shall be less than 6,000 square feet in area.

B.

No lot shall have a width of less than 50 feet.

C.

No lot shall have a depth of less than 90 feet.

D.

No lot shall have a street frontage of less than 35 feet.

A.

Setback. Every lot having a common boundary with property zoned R1, RM, R2 shall have a minimum ten-foot wide landscaped setback from such common boundary.

B.

Height.

1.

No structure shall exceed a height of 26 feet. Except, structures fronting the west side of Camino del Mar shall not exceed a height of 14 feet measured from the elevation of the curb level adjacent to the structure on Camino del Mar.

2.

No Commercial Mobile Radio Service Facility antennas, and any antenna support structures, shall be erected to a height exceeding ten feet above the roof, or ten feet above the maximum permitted height, whichever is less.

C.

Floor Area. No development shall exceed a floor area-to-lot area ratio of 45 percent or 2,000 square feet, whichever is greater.

D.

Lot Coverage. No development shall exceed a lot coverage of more than 60 percent or 2,500 square feet, whichever is greater.

(Ord. No. 635, Ord. No. 669)

A.

All development within the CC Zone shall be subject to design review pursuant to the provisions of the Code.

B.

Development for the zone shall be designed to maintain a pedestrian-oriented, predominantly retail village character, with attractive walkways and courts which encourage social interaction and taking advantage of ocean vistas.

C.

All Commercial Mobile Radio Service Facility antennas, any antenna support structures, and any associated exterior support equipment shall be located, designed, and screened so as to minimize their visual impacts when viewed from surrounding properties and public areas. No antennas shall be mounted so as to extend above the building roof at any point unless the Design Review Board finds that there is no other location on-site for the proposed antennas and any antenna support structures that would result in a less conspicuous and/or more aesthetically appealing installation while still providing reasonable signal access.

If the applicant claims that an imposed regulation or condition will have the effect of prohibiting the provision of commercial mobile radio services, the applicant shall deposit with the City a sum in an amount determined by the Director of Planning and Community Development to be sufficient to pay the City's cost in obtaining an expert evaluation and opinion on the proposed antenna heights, location, and design. Any unused portion of the deposit shall be refunded to the applicant upon a final determination on the application.

All facade-mounted antennas, and associated antenna support structures, shall be screened, textured, and/or painted to match the materials and color of the structure to which the antennas are attached. All roof-mounted antennas, antenna support structures, and any associated exterior support equipment shall be painted to match the color of the background against which they are most commonly viewed, as determined by the Design Review Board.

(Ord. No. 635; Ord. No. 669)

In reviewing a conditional use permit for a Commercial Mobile Radio Service Facility, the Planning Commission shall review the application under the following standards:

A.

No Commercial Mobile Radio Service antenna shall be located within 100 feet of the exterior wall of a residential dwelling. For purposes of this Section, the distance shall be measured as a straight line between the closest point of the antenna and the closest exterior surface of the habitable space of the dwelling.

B.

No floor area shall be designed, constructed or used for Commercial Mobile Radio Service support equipment where the floor area:

1.

Is within a structure which has an exterior wall located on Camino del Mar; and

2.

Is located on the floor of the structure which is nearest in elevation to the elevation of Camino del Mar, measured at the point adjacent to the site on Camino del Mar.

C.

All support equipment associated with a proposed Commercial Mobile Radio Service Facility shall be placed within the interior of a structure unless the Planning Commission, in its review of the required CUP application, finds that support equipment placed exterior to a structure has been sited and screened so as not to interfere with pedestrian circulation or required vehicular parking and circulation; and that exterior support equipment will not create noise or other adverse impacts to adjacent rights-of-way or properties.

D.

Prior to approval of the CUP, the owner and/or operator of a Commercial Mobile Radio Service Facility shall submit a comprehensive project proposal report which provides levels of radio frequency (RF) power densities of all antennas intended to be installed at the subject site. The report shall quantify the RF emissions and compare the results with the standard accepted by the Director of Planning and Community Development. The project proposal report shall also include all shielding and notification measures necessary to protect the public health, safety, general welfare. Said proposal report shall be subject to review by the Planning Commission, and shall include any conditions as imposed by the Planning Commission.

E.

Within six months after the issuance of an occupancy permit, the owner/operator of a Commercial Mobile Radio Service Facility shall submit to the City a project implementation report which provides cumulative field measurements of radio frequency (RF) power densities of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the accepted standard. Said report shall be subject to review and approval by the Director of Planning and Community Development for consistency with the project proposal report and the accepted standard. Any measurements in excess of the accepted standard shall render all previous projects approvals null and void.

F.

Any proposals for modification of plans authorized pursuant to the original approval of a Commercial Mobile Radio Service Facility shall require subsequent review and authorization from appropriate entities of the City of Del Mar.

G.

The continued use of Commercial Mobile Radio Service Facilities shall comply with all applicable current and future regulations of the Federal Communications Commission and the California Public Utilities Commission.

H.

A Commercial Mobile Radio Service Facility which is inactive for 180 consecutive days for mobile radio service purposes shall be removed by the owner and/or operator of the Commercial Mobile Radio Service Facility.

(Ord. No. 635; Ord. No. 669; Ord. No. 774)