Del Mar Municipal Code Ch. 23.07 Objective Design Standards

23.07.010 - Purpose.¶

A. In response to a declared housing crisis, the State of California established various mandates in State Housing law that require streamlining of permit applications through an administrative process at the city level, including limitations that require objective design standards for certain types of housing development.

B. The purpose of this Chapter is to set forth the City's objective design standards where the City is precluded by State law from applying discretionary design review and other permit approval processes identified in Chapter 23.08.

C. The intent of this Chapter is to facilitate the permitting process for proposed housing development consistent with State law and to implement the City's Community Plan (General Plan) in a manner that harmonizes adopted local policies with State law.

(Ord. No. 996, § 3, 6-19-2023)

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23.07.020 - Applicability and Process for Approval.¶

A. All residential development referred to in this Chapter shall be processed in accordance with a ministerial permit approval process and reviewed without discretionary review or public hearings.

B. Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State Housing law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.

C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as "Two Unit Residential Development." As part of the ministerial review, any Two Unit Residential Development shall comply with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter 30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC) or the certified LCP, the stricter standard shall apply.

D. Chapter 23.07 shall not apply to proposed Accessory Dwelling Units, which are subject to review and processing in accordance with Chapter 30.91.

(Ord. No. 996, § 3, 6-19-2023; Ord. No. 1018, § 9, 6-2-2025)

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23.07.030 - Objective Design Standards for Two Unit Residential Development.¶

A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table "A" below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-square-foot dwelling units if compelled to comply with the City's Objective Design Standards. Upon review of the applicant's completed feasibility study, the Director of Planning and Community Development shall determine which, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the certified Local Coastal Program and determine if other feasible siting locations reduce impacts to environmentally sensitive coastal areas or impacts to public scenic views. Additionally, the project may be denied if it will endanger public health or safety or create an adverse impacts to the physical environment that cannot be avoided or mitigated. On denial, the City will produce written findings to the applicant based on the preponderance of evidence that the project will have unavoidable or unmitigable impacts to the public's health and safety, coastal resources, or the physical environment.

B. An exterior wall heater and/or air conditioning unit is permitted for a dwelling unit proposed under this Section. Any additional mechanical equipment or exterior building features that are not otherwise required by this Section, Chapter 30.93, or the California Building Code shall be subject to Administrative Design Review in accordance with Section 23.08.035.

C. To remove, destroy, or move a Protected Tree as defined in Section 23.50.020 to accommodate the construction for a Two Unit Residential Development project shall be subject to the requirements contained in Chapter 23.50.

TABLE A SB 9 - OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT

A. Window Placement	1. Windows shall be located so that sightlines maximize privacy and avoid direct views into neighboring homes. The following shall be employed: a) Sizing and placing of windows shall be offset or stagger the window placement from neighboring windows. b) When staggering or offset of windows cannot be achieved, obscured or opaque window glass, clerestory windows, or windows with higher sills shall be used.
B. Neighborhood Compatibility & Setbacks	1. Front setbacks of new homes shall relate to those on adjacent parcels. In cases where setbacks along a street front are uniform, new development shall match those setbacks unless this standard would preclude the construction of a unit size of less than 800 square feet, and in this case, shall conform to the required minimum front and side setback. 2. When adjacent lots have nonconforming front yard setbacks, the new development shall conform to the required minimum front yard setback. 3. When front yard setbacks are varied in the neighborhood, new homes shall be made to locate the new home with an average setback of the two existing adjacent homes, unless this standard would preclude the construction of a unit size of less than 800 square feet, and in such case, shall conform to the required minimum front setback. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. 4. Outdoor speakers, televisions or other permanent electronic entertainment features with a mechanically or electronic generated noise are prohibited. 5. Exterior HVAC or other mechanical equipment shall be fully screened from view from a public right-of-way or adjacent property and located in a manner that would achieve compliance with the maximum allowed decibel levels of Chapter 9.20 - Noise Regulations. 6. HVAC units and other mechanical equipment shall be ground-mounted only. HVAC units and associated screening equipment shall be a minimum of four feet from a side or rear property line. Encroachment of a HVAC or mechanical equipment within a front yard or street side yard setback area is prohibited. 7. Rooftop decks and balconies are prohibited. 8. Attached fireplaces and chimneys shall not project into any required yard setback area. A chimney shall be limited to the minimum height necessary to comply with the California Building Code.
B. Neighborhood Compatibility & Setbacks	9. No part of the dwelling unit, including eaves, cantilevered portions of a dwelling unit, or overhangs shall encroach into a four-foot side and rear setback. 10. On a site already developed with an existing unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. 11. When two new units are proposed, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes. 12. The project shall comply with the Floor Area Ratio (FAR) and Lot Coverage of the underlying Zone if it is feasible to do so and comply with the rights provided by SB 9. 13. No patio shall be permitted as a feature within a required front yard, street-side yard, or required yard that is four feet or less from the property line. 14. A new unit shall not be located in an area designated as a public scenic view in the certified Local Coastal Program.
C. Public Safety and Environmental Protection-Hillside Development & Grading	1. To protect coastal resources and reduce wildfire impacts, homes shall not be located at the crest, ridgeline, or the top of a hill. Homes shall not project above the peak of the ridgeline. 2. To protect public health and safety, when feasible, utilize a 20-foot setback from the top of slope and a 10-foot setback from the bottom of a substantially steep slope, which are slopes that exceed 25 percent grade (see DMMC Chapter 30.52 ) for the design and placement of homes to maintain the natural topography and minimize grading. 3. Excavation or grading onto a 4:1 slope shall be prohibited. 4. Grading shall be limited to the area required for the structure. Any grading outside of the structure shall be subject to the requirements and procedures contained within Chapter 23.33 - Land Conservation Permit.
D. Retaining Walls and Fencing	1. All objective standards for fences contained within Section 30.86.090 - Fences/Retaining Walls apply. 2. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home. 3. The distance between two terraced retaining walls shall be, at the minimum, the average of the height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated. 4. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block. 5. Fences and walls shall follow the natural site topography. 6. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. 7. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable. 8. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible from the public right-of-way or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.
E. Hardscape & Access to Public Rights-of-Way	1. Access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width. Said driveway width shall not exceed a total maximum of 20 feet along all abutting street lines. 2. Hardscape shall not exceed 50 percent of the front yard and street side setback, including driveways and pedestrian walkways. 3. Line of sight shall be retained in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles. 4. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of a unit less than 800 square feet. 5. Unenclosed, on-site parking shall be located outside of a required side, street side yard and front yard setback. 6. Circular driveways are prohibited.
F. Water Resource Protection-Landscape and Vegetation	1. New construction shall not be located within the dripline of an environmentally "Protected Tree" as defined in Chapter 23.50 . 2. Trees shall not be planted in a columnar manner. New trees shall be a minimum 24-inch box size and new shrubs shall be a minimum 5-gallon size. 3. All landscaping shall be drought tolerant and California native plants. 4. All proposed landscaping shall comply with Chapter 23.60 - Water Efficiency Landscape Ordinance (WELO).
G. Architectural Features and Articulation	1. Four-sided (360-degree) architecture shall be incorporated on all building elevations, which include, but are not limited to, variation in massing, roof forms, wall planes, materials, and surface articulation. Material and color changes shall occur at intersecting planes and shall not occur at the outside corners of structures. 2. Units shall have an identifiable main entry when approached from the street. Garage doors shall not be the main entry feature. Sliding, retractable, or accordion style doors shall not be used for the main entry of a home. 3. Exterior materials shall be siding, stucco, brick, stone, or other similar materials and shall be in an earth tone color. Board-formed, non-colored, concrete, and stained wood with proper fire assemblies may be used for accent walls. 4. The maximum allowed enclosed or partially enclosed non-converted garage space shall be limited to 10 feet wide by 20 feet long. 5. If an attached garage is proposed, the garage shall be setback five feet from the façade of the proposed dwelling unit. 6. Garage doors shall be recessed a minimum of two inches from the face of the garage. 7. Wall and roof planes on each elevation must be varied at a minimum of every 20 feet with a projection, offset or recess of the building of at least one foot in depth. 8. Dwelling units shall be one-story and a maximum 16 feet in height. Dwelling units shall have a maximum 10-foot plate height. 9. Sloped roof materials shall be 30-year minimum composition shingle, tile, natural slate or standing seam metal in a non-reflective color. Flat roofs shall utilize non-reflective materials and colors. 10. All vents, downspouts, flashing, and electrical conduit shall match the color of the dwelling. 11. Development that requires the demolition of an existing dwelling unit shall be limited to 50 percent demolition of the existing exterior structural walls for dwelling units not occupied by a tenant in the last three years.
H. Lighting and Screening	1. All exterior lighting shall be fully shielded with shut-off controls or sensors, timers, or motion detectors. Shielded up lighting and fixtures with an adjustable aiming angle are prohibited. 2. Exterior building lighting shall be limited to the minimum necessary for compliance with Building Code requirements. 3. All exterior lighting proposed, including fixtures and sources shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark Sky Association, or be comparable in terms of fixtures that minimize glare, reduce light trespass, and do not pollute the night sky. 4. Glass walls (any wall plane consisting of more that 75 percent opaque or transparent glazed surface) that are visible from neighboring homes are prohibited. 5. The lamp color or color temperature for all lighting shall be limited to a maximum 2,700 kelvin. 6. Skylights shall be tinted to prohibit the escape of light from inside the unit.
I. Screening	1. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public right-of-way. All flashing, sheet metal, vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 2. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from the public view with walls and landscaping and a lid if the top of the trash bins is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property if not located within a garage. 3. Foundations and undersides of structures shall be fully screened with compatible materials and colors of the home. 4. Mechanical equipment such as backflow preventers shall be screened from public view if located in the front or street side yard setback. 5. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.

(Ord. No. 996, § 3, 6-19-2023; Ord. No. 1018, § 10, 6-2-2025)

Exceptions & meaning →