Chapter 30.18 — MEDIUM DENSITY MIXED RESIDENTIAL-CENTRAL (RM-CENTRAL)

Chapter 30.18 - MEDIUM DENSITY MIXED RESIDENTIAL-CENTRAL (RM-CENTRAL)

The RM-Central Zone is designed to allow for an area of single-family and duplex development on individual lots of 5,000 square feet or greater in those areas where a substantial number of two-family dwellings already exist. The RM-Central Zone is intended to permit the same as the RM-East and -West, but under development standards as applied in the R2 Zone.

(Ord. No. 898)

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

The allowable uses in the RM-Central Zone are:

A.

A single dwelling unit on each building site.

B.

An Accessory Dwelling Unit that meets the requirements in Section 30.91.040. A Junior Accessory Dwelling Unit is not permitted.

C.

A duplex with attached dwelling units, or with two unattached dwelling units in instances where design constraints make attachment impractical on each building site having 5,000 square feet or more of lot area.

D.

Clustered dwelling units not exceeding the residential density set forth in Section 30.17.070, held in common ownership of record on October 1, 1980. For purposes of this Section, "contiguous" and "common ownership" shall have the meaning as per statutes and interpretations of these phrases in the merger context.

E.

Churches or similar structures used exclusively for religious purposes, providing a conditional use permit for such use has been obtained and is in full force and effect.

F.

A Small Community Care Facility on each building site.

(Ord. No. 725; Ord. No. 758; Ord. No. 898; Ord. No. 932, § 24, 10-2-2017)

A.

Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports. An Accessory Building shall not be rented or otherwise used as a separate dwelling unit, unless an Accessory Dwelling Unit permit is obtained and the unit is operated in compliance with Section 30.91.040.

B.

For each dwelling unit, the renting of not more than one room to not more than one person, or the providing of table board to one person, or both. This limitation shall not apply to an Accessory Dwelling Unit where a permit has been issued pursuant to Chapter 30.91.

C.

Off-street parking for a permitted use.

D.

Recreational facilities intended for the use of on-site residents, including swimming pools, saunas, tennis courts, and exercise rooms.

E.

Home occupation as authorized by this Code.

F.

A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.

(Ord. No. 932, § 25, 10-2-2017)

30.18.045 - 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 RM-Central Zone:

A.

Large Family Day Care Facility, provided all of the following requirements are met:

1.

A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;

2.

Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3.

Parking shall be provided on-site for the operator and employee(s).

4.

A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B.

Large Community Care Facility, provided all of the following requirements are met:

1.

Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2.

A Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3.

The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 linear feet, measured from the closest property lines of the sites on which such Facilities are located.

(Ord. No. 725; Ord. No. 758; Ord. No. 896)

See Chapter 30.80 for parking requirements.

All development in the RM-Central Zone shall be subject to design review by the Design Review Board pursuant to the Municipal Code. In reviewing development in the RM-Central Zone, the Design Review Board shall implement the following criteria in addition to the criteria contained in this Code:

A.

That all developments shall reflect imagina-tive design in keeping with the village-like character of Del Mar.

B.

That all developments shall maximize the amount of park-like, unobstructed, non-vehicular open space.

C.

That the design of any development, the landscaping, scale, height, length, width, bulk, coverage, and exterior appearance of any structures shall be in harmony with neighborhood character and with developments on nearby lots.

D.

That the shape and size of any developments, and especially any portion of any development which exceeds one story in height, shall minimize the blockage of views and direct sunlight from nearby lots and public rights-of-way.

E.

That identical building facades on adjacent parcels shall be avoided.

A.

Density. Up to, but not exceeding 12.5 dwelling units per net acre.

B.

Lot Dimensions.

1.

Minimum lot size: 7,000 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: 20 feet.

b.

Rear yard: 20 feet.

c.

Interior side yard: Five feet.

d.

Street side: Ten feet.

2.

Height: 26 feet.

Floor area ratio: 30 percent.

4.

Maximum lot coverage: 45 percent.

(Ord. No. 898)

30.18.080 - Reserved. 30.18.090 - Housing Reduction Mitigation Fee.

A.

Where implementation of a development project would result in a net reduction in the number of dwelling units on a property, the project shall be conditioned for payment of the City of Del Mar's Housing Reduction Mitigation Fee, with payment made based upon the net reduction in dwelling units.

B.

The requirement for payment of a Housing Reduction Mitigation Fee(s) required in this Section shall not apply where: 1) a property is nonconforming in that it contains a number of dwelling units in excess of that allowed per the Density Development Standards of this Chapter; and 2) the development project's net reduction of dwelling units will bring the property into conformance with the Density Development Standard.

1.

The exemption for payment of a Housing Reduction Mitigation Fee(s) provided in this Subsection B. shall not apply where the number of dwelling units to be reduced exceeds the requirement to achieve conformance with the Density Development Standards. In such cases, payment of a Housing Reduction Mitigation Fee(s) shall be required, on a unit-for-unit basis, for each dwelling unit reduction in excess of the minimum required to achieve conformance with the Density Development Standards.

(Ord. No. 889)

Chapter 30.19 - MEDIUM DENSITY MIXED RES.-SOUTH (RM-SOUTH)

Chapter 30.19 - MEDIUM DENSITY MIXED RES.-SOUTH (RM-SOUTH)

The RM-South Zone is designed to allow single, duplex, and multi-family residential development, and to preserve, insofar as possible, a village-like character in areas where predominantly multi-family development already exists and is interspersed with vacant land.

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

30.19.030 - Allowable Uses.

The allowable uses in the RM-South Zone are:

A.

In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM-Central Zones.

B.

A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.

C.

Multiple dwelling units.

D.

Boardinghouses and lodging houses.

E.

Licensed rest homes.

F.

Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

G.

A Small Community Care Facility on each building site.

(Ord. No. 725; Ord. No. 758; Ord. No. 932, § 26, 10-2-2017; Ord. No. 1002, § 2, 12-18-2023)

30.19.040 - Accessory Uses.

Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, including Accessory Dwelling Units in accordance with Chapter 30.91.

(Ord. No. 932, § 27, 10-2-2017; Ord. No. 1002, § 3, 12-18-2023)

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 RM-South Zone:

A.

Large Family Day Care Facility, provided all of the following requirements are met:

1.

A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;

2.

Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3.

Parking shall be provided on-site for the operator and employee(s).

4.

A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B.

Large Community Care Facility, provided all of the following requirements are met:

1.

Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2.

A Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3.

The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 linear feet, measured from the closest property lines of the sites on which such Facilities are located.

(Ord. No. 725; Ord. No. 758; Ord. No. 896)

See Chapter 30.80 for parking requirements.

All development in the RM-South Zone shall be subject to design review by the Design Review Board pursuant to the Municipal Code. In reviewing development in the RM-South Zone, the Design Review Board shall implement the following criteria in addition to the criteria contained in this Code:

A.

That all developments shall reflect imaginative design in keeping with the village-like character of Del Mar.

B.

That all developments shall maximize the amount of park-like, unobstructed, non-vehicular open space.

C.

That the design of any development, the landscaping, scale, height, length, width, bulk, coverage, and exterior appearance of any structures shall be in harmony with neighborhood character and with developments on nearby lots.

D.

That the shape and size of any developments, and especially any portion of any development which exceeds one story in height, shall minimize the blockage of views and direct sunlight from nearby lots and public rights-of-way.

E.

That identical building facades on adjacent parcels shall be avoided.

F.

The Design Review Board shall consider siting alternatives, 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 open spaces, the beach, and the beach bluffs.

A.

Density. Up to, but not exceeding 12.5 dwelling units per net acre.

B.

Lot Dimensions.

1.

Minimum lot size: 8,000 square feet.

2.

Minimum street frontage: 50 feet.

3.

Minimum lot width: 60 feet.

4.

Minimum lot depth: 100 feet.

C.

Construction Standards.

1.

Setbacks:

a.

Front yard: 20 feet.

b.

Rear yard: 20 feet.

c.

Interior side yard: Ten feet.

d.

Street side: Ten feet.

2.

Height: 26 feet.

3.

Floor area ratio: 35 percent.

4.

Maximum lot coverage: 50 percent.

(Ord. No. 898)

In the RM-South Zone, the interior side yard may be reduced to seven and one-half feet for single-family and duplex development.

A.

Where implementation of a development project would result in a net reduction in the number of dwelling units on a property, the project shall be conditioned for payment of the City of Del Mar's Housing Reduction Mitigation Fee, with payment made based upon the net reduction in dwelling units.

B.

The requirement for payment of a Housing Reduction Mitigation Fee(s) required in this Section shall not apply where: 1) a property is nonconforming in that it contains a number of dwelling units in excess of that allowed per the Density Development Standards of this Chapter; and 2) the development project's net reduction of dwelling units will bring the property into conformance with the Density Development Standard.

1.

The exemption for payment of a Housing Reduction Mitigation Fee(s) provided in this Subsection B. shall not apply where the number of dwelling units to be reduced exceeds the requirement to achieve conformance with the Density Development Standards. In such cases, payment of a Housing Reduction Mitigation Fee(s) shall be required, on a unit-for-unit basis, for each dwelling unit reduction in excess of the minimum required to achieve conformance with the Density Development Standards.

(Ord. No. 889)