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Del Mar City Zoning Code

CHAPTER 30

23 - BEACH COMMERCIAL ZONE BC

30.23.010 - Purpose.

The BC Zone is designed for areas having high scenic value and/or fragile environmental characteristics, and is designed to allow commercial activities that are in harmony with, rather than in domination of the special character of the coastal environment. Development shall provide for maximum open space and public access and usage of beach areas, without encroaching on the fragile coastal bluffs. Beach-oriented commercial/recreational activities are encouraged in this zone, as well as single-story structures, in order to preserve the scenic vistas from adjacent public rights-of-way.

30.23.020 - Boundaries.

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

30.23.030 - Allowable Uses.

The following uses are allowable in the BC Zone, provided that the use does not involve the sale of alcohol for on-site consumption between the hours of 11:00 p.m. and 6:00 a.m. and further provided that the use does not involve the provision of goods, food or beverages, or services in a drive-in or drive-thru manner:

A.

The retailing, renting, or dispensing of services, from the following:

Bars and Cocktail Lounges

Bicycle rentals

Non-auto-oriented open air theaters

Outdoor cafes

Outdoor recreation facilities

Private parks and playgrounds

Restaurants

Surfboard, surfmat, fishing and diving, and other sales and rentals of beach equipment

Swimming pools, commercial or public

Tennis and volleyball courts, commercial or public

B.

Any similar enterprise or business which conforms to the description and purpose of the BC Zone, and is not detrimental to the welfare of the community.

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

30.23.040 - Accessory Uses.

The following accessory uses may be established in the BC Zone:

A.

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

B.

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

30.23.045 - Conditionally Allowed Uses: Conditional Use Permit.

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 BC Zone:

A.

Any principal use permitted in the CC Zone (exclusive of those uses which, under the CC Zone provisions, would require a conditional use permit).

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.

(Ord. No. 662)

30.23.050 - Parking Requirement.

In the BC Zone, off-street parking shall be provided for each use as set forth in this Code.

30.23.060 - Design Review.

All development in the BC Zone shall be subject to design review by the Design Review Board pursuant to the provisions of this Code. All structures and parking shall be designed, located, and arranged in such a manner so as to prevent the loss of usable beach area, fragile coastal bluffs, or access thereto, as well as to minimize the diminution of coastal views. The Design Review Board shall consider siting alternative, building size and bulk constraints, landscaping requirements, and other design improvements as may be reasonably required to preserve and enhance the integrity, public use, enjoyment and public visibility to and from public parks, the beach, and the beach bluffs.

30.23.070 - Development Standards.

A.

Reserved.

B.

Lot Dimensions.

1.

Minimum lot size: 6,000 square feet.

2.

Minimum street frontage: 35 feet.

3.

Minimum lot width: 50 feet.

4.

Minimum lot depth: 90 feet.

C.

Construction Standards.

1.

Setbacks:

a.

Front yard: Ten feet.

b.

Rear yard: Ten feet.

c.

Interior side yard: Ten feet.

d.

Street side: Ten feet.

2.

Height: 14 feet, except that south of Carmel Valley Road, the building height may be extended to 26 feet, providing the structure(s) and appurtenances do not exceed four feet above the highest natural grade elevation of the lot.

3.

Floor area ratio: Ten percent, except that the lot coverage may be increased up to 20 percent subject to an approved conditional use permit.