Del Mar Municipal Code Ch. 23.06 Multi-Unit and Mixed-Use Residential Objective Design Review Standards

A. State housing law requires streamlining of permit applications through an administrative process at the local level, including limitations that require objective design standards for certain classes of housing development.

B. The purpose of this Chapter is to set forth the objective design standards that apply under the special circumstance where the City is precluded by State law from applying its typical discretionary design review criteria and permit approval processes identified in Chapter 23.08.

C. The intent of this Ordinance is to facilitate the objective review and approval of eligible proposed housing development to implement the City of Del Mar Community Plan (General Plan) and Local Coastal Program (LCP) in a manner that harmonizes adopted local policies with State mandated housing laws.

(Ord. No. 1011, § 1, 9-23-2024)

Chapter 23.06 shall apply to proposed multi-unit residential and mixed-use development projects in circumstances where the City is precluded by State Law from otherwise applying the City's standard discretionary design review criteria and permit approval processes as identified in DMMC Chapter 23.08.

(Ord. No. 1011, § 1, 9-23-2024)

Notwithstanding the standard discretionary design review permit process provisions in Chapter 23.08 of the Del Mar Municipal Code, the process for objective design review and approval in accordance with Chapter 23.06 shall be issued in accordance with an administrative level ministerial approval process where the proposed development is found to be consistent with standards indicated in Section 23.06.040 and is required by State housing laws.

(Ord. No. 1011, § 1, 9-23-2024)

Proposed development eligible pursuant to Section 23.06.020 shall be subject to consistency with the standards indicated in the "Multi-Unit and Mixed-Use Residential Objective Design Standards Manual" adopted by the City Council and on file with the City Clerk.

(Ord. No. 1011, § 1, 9-23-2024)

Should any section, subsection, sentence, clause, or phrase of this Ordinance codified by this Chapter be held, for any reason, to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance so codified by this Chapter.

(Ord. No. 1011, § 1, 9-23-2024)