The VC Zone is designed to allow activities such as hotels and motels which enable visitors to enjoy the coastal environment. Development shall be of low intensity in keeping with the village-like character of the community while preserving coastal vistas. Development criteria shall include controls to insure low to medium density, and an informal, predominantly low rise type of development with a two-story limitation.

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

The following uses are allowable in the VC Zone:

A.

Hotels, motels, and tourist auto courts.

B.

Boardinghouses and lodginghouses.

C.

Kitchen facilities in connection with the manager's unit.

D.

Kitchen facilities for the individual guest units, providing not more than 50 percent of the individual guest units contain such kitchen facilities.

E.

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

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

A.

Accessory uses customarily incidental to the allowable uses, including recreation facilities and required off-street parking.

B.

A public dining room and coffee shop/restaurant as accessory uses to an allowable use, provided that not more than one-third of the total floor area is devoted to such accessory use.

The following uses are allowed, provided a conditional use permit for any such use has first been obtained and is in full force and effect:

A.

Commercial Mobile Radio Service Facilities—Minor

(Ord. No. 723)

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

All development in the VC Zone shall be subject to design review by the Design Review Board pursuant to the provisions of this Code. Design consideration shall be given to maintaining the village character of the community and scenic coastal vistas from adjacent properties and public rights-of-way.

In the VC Zone, the following development standards shall apply:

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, and a minimum ten-foot wide landscape setback shall be required on VC zoned property along any common boundary of residentially zoned property.

b.

Rear yard: Same as above.

c.

Interior side yard: Same as above.

d.

Street side yard: Same as above.

2.

Height:

a.

Twenty-six feet except that all structures fronting the west side of Camino del Mar shall not exceed 14 feet in height above the curb level adjacent to the site on Camino del Mar.

b.

No Commercial Mobile Radio Service Facility Antennas, or any associated support structures, may be erected to a height exceeding ten feet above the roof of an existing structure, or ten feet above the maximum permitted height, whichever is less.

3.

Floor area ratio: 40 percent.

4.

Maximum lot coverage: 55 percent.

(Ord. No. 723)

A.

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. 723)

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. 723; Ord. No. 774)