30.21.040 - Accessory Uses.
The following accessory uses may be established in the RC Zone:
[No change to Subsections A. through B.]
C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Subsection D.]
[No change to Sections 30.21.050 through 30.21.090]
30.21.045 - Conditionally Allowed Uses
Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RC Zone provided all of the following requirements are met:
A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC; B. A Traffic 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;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.21.050 through 30.21.090]
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Chapter 30.22 CENTRAL COMMERCIAL ZONE (CC)
[No change to Sections 30.22.010 through 30.22.036]
30.22.040 - Allowable Uses: Conditional Use Permit.
A. Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 for any such use has first been obtained approved and is in full force and effect, the following uses are allowable in the CC Zone:
Commercial Mobile Radio Service Facilities—Minor
Child Day Care Facilities Child Day Care Center or Child Care Nursery Gasoline Service Stations
Hotels, Motels or Auto Courts
Motion Picture and Legitimate Theaters
Newspapers, Printers
Outdoor sales
Public Utility Buildings
Veterinary Clinics
Private Clubs, Fraternal Organizations
Parking Lots and Parking Garages, not accessory to a permitted use [No change to Subsections B. through C.]
30.22.045 - Special Needs Housing
Special Needs Housing uses regulated by Chapter 30.95 are permitted in the CC Zone as follows:
A. Low Barrier Navigation Centers pursuant to Section 30.95.050.
B. Residential Care Facilities, Small; Supportive Housing; or Transitional Housing, pursuant to Chapter 30.95
73 August 25, 2026 Item 17
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C. Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, the following uses are allowable in the CC Zone:
1. A Residential Care Facility, Large
2. Adult and Child Day Care Services, Large (See Section 30.22.050 use allowance for Adult and Child Day Care Services, Small) D. The following requirements shall apply to the conditional uses identified in
30.22.045(B):
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 Traffic 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;
3. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
4. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
5. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
6. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
30.22.050 - Accessory Uses.
[No change to Subsections A. through C.]
D. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.22.060 through 30.22.070]
Chapter 30.24 NORTH COMMERCIAL ZONE (NC)
[No change to Sections 30.24.010 through 30.24.020]
30.24.030 - Allowable Uses.
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The following uses are allowable in the NC Zone:
[No change to Subsections A. through C.]
D. Emergency shelters pursuant to Section 30.24.035 and Low Barrier Navigation Centers pursuant to Section 30.95.050.
E. Residential Care Facilities, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.
[No change to Subsections F. through H.]
30.24.035 – Standards for Emergency Shelters.
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." or as amended, “Housing with 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 because of an inability to pay.”
B. Emergency shelters are permitted in the North Commercial (NC) Zone subject to compliance with the objective development standards of the NC zone and compliance with each of the following: as set forth in this Section, unless otherwise preempted by applicable State and Federal laws, which shall include those areas of law where Federal or State regulations have clearly stated, with an expressed intention, that the regulatory field has been fully occupied by those authorities.
The following objective standards shall apply to all Emergency Shelters:
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.
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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. the qualified occupants.
9. The emergency shelter shall include storage areas for clients' occupants’ 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 related to health, safety and operations to ensure that its operations do not create a public nuisance. The emergency shelter must serve qualified occupants or users, be operationally effective in delivering such services, and must be staffed by qualified individuals.
C. Any person or entity proposing to develop, install, establish or operate an emergency shelter shall submit a non-discretionary Emergency Shelter Permit an 76 August 25, 2026 Item 17
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Administrative Coastal Development Permit application to the Director City in accordance with Section 30.75.080(E) that clearly demonstrates indicating how the proposed emergency shelter will comply complies 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 the 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 60 business 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).
H. Upon a determination by the Director that the proposed emergency shelter will comply with all applicable regulations, an Emergency Shelter the Permit shall be issued to the applicant for a specific property location, with such terms and conditions attached as deemed necessary to ensure continued compliance with the submitted application and with all provisions of this Chapter.
I. 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.
J. Prior to the issuance of a Certificate of Occupancy or commencement of use of an emergency shelter At the time of application, 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.
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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. Standardized procedures Procedures for addressing circumstances where a client an occupant or user is socially disruptive or is responsible for creating any type of nuisance to within the emergency shelter or where such individuals creates a public nuisance to the surrounding neighborhood, and such procedural including measures include the rapid notification of to notify law enforcement personnel, and where the operator has the ability to timely discharge the client occupant or user.
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 qualified public and/or private transportation services to assist clients occupants or users.
10.The manner in which clients' occupants and users pets will be accommodated in a safe and protective manner and controlled to avoid injury to others or damage to the surrounding neighborhood properties.
K. An approved Emergency Shelter Permit may be suspended or revoked in accordance with the procedures and standards of the DMMC.
30.24.040 - Accessory Uses.
The following uses may be established in the NC Zone:
[No change to Subsections A. through B.]
C. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. 78 August 25, 2026 Item 17
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[No change to Section 30.24.45]
30.24.046 - Conditionally Allowed Uses
Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the NC Zone provided all of the following requirements are met:
A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC; B. 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;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.24.050 through 30.24.070]
Chapter 30.25 PROFESSIONAL COMMERCIAL ZONE (PC)
[No change to Sections 30.25.010 through 30.25.020]
30.25.030 - Allowable Uses.
The following uses are allowable in the PC Zone:
[No change to Subsections A. through G.]
H. A low barrier navigation center pursuant to Section 30.95.050. 79 August 25, 2026 Item 17
Attachment D
I. Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.
30.25.040 - Accessory Uses.
The following accessory uses may be established in the PC Zone:
[No change to Subsections A. and B.]
C. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. 80 August 25, 2026 Item 17
Attachment D
30.25.045 - Conditionally Allowed Uses
Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the PC Zone provided all of the following requirements are met:
A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC; B. A Traffic 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;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.25.050 through 30.25.070]
Chapter 30.75 – COASTAL DEVELOPMENT PERMITS (CDPS)
[No change to Sections 30.75.010 through 30.75.70]
30.75.080 – Coastal Development Permits Issued by the City—Issuing Authority, Public Hearing Required.
[No change to Subsections A. through D.]
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:
81 August 25, 2026 Item 17
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1. Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.
2. Applications for Lot Line Adjustments and/or Certificates of Compliance.
3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.E that is not otherwise exempt from a Coastal Development Permit.
4. Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.
5. An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.
6. An application for proposed residential development for special needs populations, including Residential Care Facilities, Small or Large; Supportive Housing Facilities, Small or Large; Transitional Housing Facilities, Small or Large; and Adult and Child Day Care Facilities, Small or Large, that are subject to a ministerial permit approval process per applicable California Government Codes.
7. An application for proposed development of an Emergency Shelter in accordance with Section 30.24.05 or Low Barrier Navigation Center in accordance with Section 30.95.050.
[No change to Subsection F.]
[No change to Sections 30.75.090 through 30.75.260]
Chapter 30.86 - SUPPLEMENTAL REGULATIONS
[No change to Sections 30.86.010 through 30.86.200]
30.86.205 – Supportive Housing and Transitional Housing.
Supportive Housing and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located. [No change to Sections 30.86.210 through 30.86.220]
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Chapter 30.95 HOUSING FOR SPECIAL NEEDS POPULATIONS
30.95.010 - Purpose
The purpose of this Chapter is to provide regulations and procedures for accommodation of special needs housing uses in all zones that allow residential use. The standards are intended to facilitate development of special needs housing consistent with the requirements of State law and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program, or as amended.
30.95.020 - Definitions
For purposes of Chapter 30.95, the following definitions shall apply:
A. Adult and Child Day Care Services, Small shall mean any licensed, communitybased facility or program that provides care to six (6) persons or less in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24- hour basis, consistent with State law.
B. Adult and Child Day Services, Large shall mean any licensed, community-based facility or program that provides care to seven (7) persons or more, consistent with State law and shall have the same allowable uses as Adult and Child Day Care Services, Small.
C. Emergency Shelter shall have the same meaning as defined in California State law as housing with 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 because of an inability to pay.
D. Low Barrier Navigation Center shall have the same meaning as defined in California State law as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
E. Residential Care Facility, Small shall mean any State licensed facility, place, or structure serving six (6) or less residents that is maintained and operated to provide non-medical residential care, treatment, or foster agency services for adults, children, or adults and children as defined in California State law. This use 83 August 25, 2026 Item 17
Attachment D
includes licensed skilled nursing facilities and the administration of limited medical assistance (e.g., dispensing of prescribed medications).
F. Residential Care Facility, Large shall mean any State licensed facility, place, or structure serving seven (7) or more residents as defined in California State law and shall have the same allowable uses as Residential Care Facility, Small.
G. Supportive Housing (Permanent) shall have the same meaning as defined in California State law, consisting of properly permitted and licensed supportive housing consistent with California State law with no limit on length of stay, that is occupied by the residents whom require supportive care, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
H. Transitional Housing Facility shall have the same meaning as defined in California State law consisting of properly permitted and licensed supportive housing consistent with California State law with supportive services for up to 24 months that is exclusively for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing within the time prescribed or as quickly as possible, and limits rents and service fees to an ability-to-pay formula consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
30.95.030 - Zone Applicability and Permit Process for Special Needs Housing Uses Special needs housing uses regulated by this Chapter are subject to licensing requirements by the State and local permit requirements. These use types are required to be permitted in accordance with California State law without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City's Local Coastal Program. The table below identifies zone applicability and permit requirements for harmonization of State law:
ZONES WHERE SPECIAL NEEDS HOUSING USES ARE PERMITTED
USE TYPE ZONES
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R1-40, R1-14, R1-10,
R1-10B, R1-5, R1-5B
RM-EAST,
RM-WEST,
RM-CENTRAL, RMSOUTH
R2, RC
NC, PC, CC
Residential Care
Facility, Small
Permitted in accordance
with objective
standards1
Permitted in accordance
with objective
standards1
Permitted in accordance
with objective
standards1
Residential Care
Facility, Large Not permitted Conditional use2 Conditional use2 Supportive Housing
(Permanent)
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Transitional Housing
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Adult and Child Day
Care Services, Small
Permitted accessory use
in accordance with
objective standards1
Permitted accessory use
in accordance with
objective standards1
Permitted accessory
use in accordance with
objective standards1
Adult and Child Day
Care Services, Large Not permitted Conditional use2 Conditional use2 Low Barrier Navigation
Center Not permitted Not permitted
Permitted in accordance
with the objective
standards in Section
30.95.050
1 Emergency Shelters Not permitted Not permitted
Permitted in NC Zone in
accordance with the
objective standards in
Section 30.24.0351
Footnotes:
1. Requires processing of an Administrative Coastal Development Permit in accordance with Chapter 30.75 if the proposed development does not qualify for a permit exemption in accordance with Section 30.75.200.
2. Uses permitted as a conditional use require review and processing of a Conditional Use Permit in accordance with Chapter 30.74 and a Coastal Development Permit in accordance with Chapter 30.75 for consideration of the context, size, location, and potential demands on public facilities for the proposed increase in use intensity to ensure consistency with the Local Coastal Program.
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3. Supportive Housing (Permanent) and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located.
30.95.040 - Residential Care Facilities, Supportive Housing Facilities, and Transitional Housing Facilities Development Regulations Special Needs Housing Facilities require State licenses and shall be consistent with the development standards of residential uses of the underlying base zone and shall comply with applicable State law including the California Building Standards Code and California Health and Safety Code.
30.95.050 - Low Barrier Navigation Center Regulations
A low barrier navigation center shall meet the following objective standards:
A. The intent of a low barrier navigation center is to connect occupants to permanent housing through a services plan which identifies services staffing.
B. A low barrier navigation center must be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of the homeless.
C. The operator of a low barrier navigation center must submit an operations plan at the time of application consisting of as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; and training, counseling, and treatment programs for residents.
D. A low barrier navigation center shall have a coordinated entry system as defined by Title 24 of the Code of Federal Regulations, including any related requirements intended to coordinate program occupant intake, assessment, and referrals.
E. A low barrier navigation center shall have a system for entering information regarding occupant stays, occupant demographics, occupant income, and exit destination through the local Homeless Management Information System as defined by Title 24 of the Code of Federal Regulations.
F. A low barrier navigation center shall comply with Chapter 6.5 of Division 8 of the California Welfare and Institutions Code.
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30.95.060 – Emergency Shelters
Emergency Shelters are permitted in accordance with Chapter 30.24.035.
30.95.070 - Severability
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect. 87 August 25, 2026 Item 17