The NC Zone serves as a northerly gateway to the community south of the San Dieguito River and Lagoon. The NC Zone is designed to allow activities that provide a service to the community, including a range of commercial and light industrial uses, and residential where compatible with adjacent land uses. Development in the NC Zone shall be of low intensity profile, offering a lively open air environment with substantial open space.

(Ord. No. 662; Ord. No. 718; Ord. No. 888; Ord. No. 973, § 1, 10-19-2020)

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

The following uses are allowable in the NC Zone:

A.

Commercial uses provided that:

1.

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.

2.

The retailing of goods, foods and beverages, the dispensing of services and light manufacturing from the following:

Adult Entertainment Establishments as provided in the Municipal Code

Appliance repair shops

Arts and crafts studios

Automobile repair shop—provided any repair activity be screened from public view

Bars and Cocktail Lounges

Blacksmith shops

Blueprinting and Photostatting

Boat building

Bookbinding, printing, lithography

Building materials retail sales—provided the storage and sales yard be completely screened from public view

Cabinet or mill work shops

Carpet cleaning

Cartography

Electrical repair shops

Equipment and tool rental

Frozen food lockers

Furniture manufacturing and repair

Furniture upholstering

Garment manufacturing

Machine repair shops

Manufacturing of pottery, jewelry, glassware, and leather goods

Metalworking shops

Parcel delivery service

Physical recreation facilities

Plant nurseries

Plumbing shops

Print shops

Repair shops

Restaurants

Stables

Studio, or office or quarters for industrial designing, model making, sculpture, architecture, engineering, planning, drafting, editorial and general designing, and ceramic arts

Warehouses

Wholesale establishments

3.

Outdoor display areas located on the exterior of a structure housing a retail sales operation, where goods or commodities otherwise available for sale in the associated retail sales operation are displayed but not sold; provided all of the following requirements are met:

a.

The outdoor display area is located entirely on the same lot as the associated retail sales operation;

b.

The area devoted to outdoor display does not encroach upon required parking or access areas;

c.

The outdoor display area is contiguous and not more than four feet in width measured from a point perpendicular to the exterior wall of the adjacent structure housing the associated retail sale operation and not more than ten feet in length measured along the exterior wall of the adjacent structure housing the associated retail sale operation; and

d.

The display of goods or commodities and placement of display structures is limited to the hours of operation of the associated retail sales operation.

B.

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

C.

Multiple dwelling unit residential up to a density of 20 dwelling units per acre subject to the following:

1.

Proposed projects shall be consistent with the certified Local Coastal Program.

2.

The density allowance of 20 dwelling units per acre may not be located on parcels adjacent to the San Dieguito River and Lagoon as depicted in the certified LCP Land Use Exhibit titled "Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited".

3.

During development permit review, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission's 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned and/or implemented), and analysis of how those adaptation measures minimize projected flood risk. This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

4.

If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply as a condition of Coastal Development Permit approval:

a.

Development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards including those from the impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures;

b.

The landowner shall record a notice on the property and notice all occupants that:

i.

The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise.

ii.

The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development.

c.

Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.24.030(C)(4)(b) shall also reflect the following:

i.

That sea level rise and flooding could render it difficult or impossible to provide services to the site.

ii.

That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land.

iii.

That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

d.

The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

D.

Emergency shelters pursuant to Section 30.24.035.

E.

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.

F.

Short term rental of a dwelling unit.

G.

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

(Ord. No. 662; Ord. No. 718; Ord. No. 973, § 2, 10-19-2020; Ord. No. 987, § 1, 3-21-2022)

A.

For purposes of this Section, the term "Emergency Shelter" shall have the same meaning as defined in California Health and Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay."

B.

Emergency shelters are permitted in the North Commercial (NC) Zone subject to compliance with the development standards of the NC zone and compliance with each of the following:

1.

An emergency shelter shall be located a minimum distance of 300 feet from the closest property line of any site containing a residential use building or a public or private K-12 school.

2.

An emergency shelter shall be located 300 feet from the closest property line of any site containing another emergency shelter.

3.

The maximum number of beds or persons permitted to be served nightly by an emergency shelter shall not exceed ten.

4.

The maximum length of stay by an individual in an emergency shelter shall not exceed six months in any consecutive 12-month period. A period of not less than 60 days shall elapse before an individual may return for a subsequent stay(s) at the emergency shelter at which they last stayed.

5.

Notwithstanding the provisions of DMMC Chapter 30.80, off-street vehicle parking for an emergency shelter shall be provided at a ratio of: one vehicle space for every three beds in the emergency shelter, plus one vehicle parking space for each staff member on the operational shift requiring the largest number of employees or volunteers in a typical 24-hour cycle.

6.

Bicycle parking shall be provided at a rate of one bicycle rack space per each three beds of the emergency shelter.

7.

Each emergency shelter facility shall include an on-site interior client intake and waiting area at least 200 square feet in size. A client intake and waiting area less than 200 square feet in size may be allowed, subject to a written determination by the Director of Planning and Community Development (Director) that the size of the intake and waiting area is sufficient to accommodate the facility's demand.

8.

The emergency shelter shall include indoor laundry facilities for use by clients.

9.

The emergency shelter shall include storage areas for clients' belongings.

10.

The emergency shelter shall include an exterior, enclosed and covered refuse area.

11.

Outdoor activity organized by the operator of the emergency shelter shall be allowed only during the hours of 8:00 a.m. to 10:00 p.m. daily.

12.

The development of property for an emergency shelter shall be consistent with the Del Mar Community Plan; the Del Mar Municipal Code including, but not limited to, the requirement for Design Review, as applicable; and all other state and federal codes, laws and regulations.

C.

Any person or entity proposing to develop, install, establish or operate an emergency shelter shall submit a non-discretionary Emergency Shelter Permit application to the Director indicating how the proposed emergency shelter will comply with all of the provisions of this Section and all other applicable local, state and federal laws, regulations and codes.

D.

The Emergency Shelter Permit application shall be submitted on a form prepared by the City and shall include the written consent of the owner of the property on which the emergency shelter is to be located.

E.

The Emergency Shelter Permit application material shall include all information necessary for the Director to make a determination of compliance with the pertinent sections of this Chapter.

F.

The Emergency Shelter Permit application shall be accompanied by a fee set by resolution of the City Council to offset the administrative costs incurred by the City to process the application.

G.

Once an Emergency Shelter Permit application has been accepted as complete, the Director, or designee, shall take action to approve, conditionally approve or deny the application within 30 days.

H.

The processing of the Emergency Shelter Permit application shall be not be deemed to be a discretionary act within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

I.

Upon a determination by the Director that the proposed emergency shelter will comply with all applicable regulations, an Emergency Shelter Permit shall be issued to the applicant, with such terms and conditions attached as deemed necessary to ensure continued compliance with the submitted application and with all provisions of this Chapter.

J.

The Director's approval of an Emergency Shelter Permit shall be specific to a single location and shall not be transferable to any other location. The conditions and terms of the Emergency Shelter Permit shall be recorded against the property and shall run with the land.

K.

Prior to the issuance of a Certificate of Occupancy or commencement of use of an emergency shelter, a written plan for operation of the facility shall be submitted for the review and written approval of the Director. The required plan shall include measures to address all of the following:

1.

Provisions for 24-hour on-site management/security.

2.

A set of facility rules, and procedures for maintaining a safe environment within and outside the emergency shelter.

3.

A list of activities prohibited at the emergency shelter to include: the consumption or use of alcohol, narcotics, illegal drugs, and all smoking (including but not limited to tobacco and marijuana).

4.

Procedures for addressing circumstances where a client is socially disruptive or is responsible for creating any type of nuisance to the emergency shelter or the surrounding neighborhood, including measures to notify law enforcement personnel and to discharge the client.

5.

The posting of signage regarding prohibited activities.

6.

The procedures for admittance and discharge of clients, and measures aimed at minimizing the congregation of clients or loitering in the area immediately outside the emergency shelter.

7.

Staff training programs to be used to provide staff with the knowledge and skills to assist clients in obtaining permanent shelter.

8.

Referral services and distribution of information on other programs available to clients for obtaining permanent shelter, mental and health counseling, job placement, educational, legal, and other supportive services.

9.

Provisions for public and/or private transportation services to assist clients.

10.

The manner in which clients' pets will be accommodated and controlled to avoid injury to others or to the surrounding neighborhood.

L.

An approved Emergency Shelter Permit may be suspended or revoked in accordance with the procedures and standards of the DMMC.

(Ord. No. 888)

The following accessory uses may be established in the NC 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.

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 NC Zone:

A.

Gasoline service stations

Hotels, motels or auto courts

Kennels

Motion picture and legitimate theaters

Outdoor sales

Private clubs, fraternal organizations

Public utility buildings

Refuse recycling centers

Veterinary clinics

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; Ord. No. 718)

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

All development in the NC Zone shall be subject to design review by the Design Review Board pursuant to the provisions of this Code. The design of all such development shall avoid significant adverse visual or environmental impacts on the lagoon and residential hillside areas.

In the NC Zone, the following development standards apply:

A.

Density: Up to a maximum of 20 dwelling units per acre

All residential development or condominium conversions shall provide affordable housing in accordance with the City's inclusionary housing regulations under Chapter 24.21 of this Code.

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: None, except that no development shall be located closer than 25 feet from a floodway zone, and that a minimum ten-foot wide landscaped setback shall be required on any NC zoned property along any common boundary or residentially zoned property.

2.

Height: 26 feet.

3.

Floor area ratio: 30 percent.

4.

Maximum lot coverage: 40 percent.

(Ord. No. 973, § 3, 10-19-2020; Ord. No. 987, § 1, 3-21-2022; Ord. No. 1013, § 2, 10-7-2024)