Agenda, first session — Del Mar City Council, March 7, 2022

Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
March 7, 2022 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director DATE: March 7, 2022
SUBJECT: Red Dot Item 5: Introduction of an Ordinance to Accept Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Amendment Pursuant to Coastal Commission Action on February 10, 2022
Item 5 on the March 7, 2022 City Council agenda is a request for introduction of an Ordinance to accept modifications to the City’s NC/PC LCPA pursuant to California Coastal Commission (CCC) action taken on February 10, 2022.

Following distribution of the Council packet, it was discovered that the three Exhibits to the Ordinance intended for Item 5 Attachment A were accidentally omitted from the agenda report. Please find attached a copy of the complete version of the proposed Ordinance for introduction, which includes Ordinance Exhibits A, B, and C. The Item 5 recommended action is for the City Council to introduce the version of the Ordinance that includes the three exhibits as attached to this Red Dot memo.

Attachment: Proposed Ordinance including Exhibits A, B, and C 1 March 7, 2022 Item 05
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,

AMENDING DEL MAR MUNICIPAL CODE (DMMC) CHAPTER

30.24 (NORTH COMMERCIAL ZONE) AS ADOPTED BY
PROSPECTIVE ORDINANCE NO. 973; AMENDING DMMC
CHAPTER 30.25 (PROFESSIONAL COMMERCIAL ZONE) AS
ADOPTED BY PROSPECTIVE ORDINANCE NO. 971;
AMENDING THE CITY’S CERTIFIED LOCAL COASTAL

PROGRAM (LCP) BY ADDING A NEW EXHIBIT TO THE LCP
LAND USE PLAN TITLED “LOCATIONS IN NC ZONE WHERE
MULTIPLE DWELLING UNIT DEVELOPMENT IS PROHIBITED”;
AMENDING THE “LAND USE DESIGNATIONS/ALLOWED USES”
LIST IN THE LCP LAND USE PLAN MAP; AND AMENDING THE
“ZONE DESIGNATIONS/ALLOWED USES” LIST IN THE LCP

IMPLEMENTATION PLAN ALL RELATING TO AMENDMENTS

REQUIRED BY THE CALIFORNIA COASTAL COMMISSION
(CCC) AS A CONDITION OF APPROVAL FOR THE CITY TO

OBTAIN FINAL CERTIFICATION OF THE SUBMITTED NC/PC

LOCAL COASTAL PROGRAM AMENDMENT (LCPA) IN ORDER
FOR ORDINANCES NO. 971 (PC ZONE) AND NO. 973 (NC

ZONE) TO TAKE EFFECT IN THE CITY OF DEL MAR
WHEREAS, the City of Del Mar needs to obtain CCC certification of the NC/PC LCPA for compliance with State housing law and the City’s prior housing commitments for the 5th Cycle (years 2013-2021) and 6th Cycle (years 2021-2029) Housing Elements; and
WHEREAS, on September 8, 2020, the City Council adopted Resolution 2020-48 amending the General Plan land use designation applicable to the Professional Commercial (PC) Zone to implement the City’s 5th Cycle Housing Element Program 2F; and
WHEREAS, on September 21, 2020, the City Council adopted Ordinance No. 971 amending the PC Zone in the Del Mar Municipal Code (DMMC) and certified LCP to implement the City’s 5th Cycle Housing Element Program 2F; and WHEREAS, on October 19, 2020, the City Council adopted Ordinance No. 973 amending the North Commercial (NC) Zone in the DMMC and certified LCP to implement the City’s 5th Cycle Housing Element Program 2E; and
WHEREAS, on March 15, 2021, the City Council adopted Resolution 2021-12 amending the General Plan land use designation applicable to the NC Zone to implement the City’s 5th Cycle Housing Element Program 2E; and
WHEREAS, on March 25, 2021, the City Council adopted the 6th Cycle Housing Element including Housing Element Programs 1A (NC Zone) and 1B (PC Zone), which require the City obtain final certification approval from the CCC in order to maintain adequate sites in the NC Zone and PC Zone (as adopted by the City Council during the 2 March 7, 2022 Item 05
Ordinance No. ___

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5 th Cycle) to meet a portion of the City’s assigned 6th Cycle Regional Housing Needs Assessment (RHNA) allocation for lower income households; and WHEREAS, in September 2021, an agreement was reached to withdraw a Referendum that was filed on November 18, 2020, against the NC Zone Amendment/LCPA (Ordinance No. 973); and
WHEREAS, on December 13, 2021, the City Council re-adopted the 6th Cycle Housing Element to incorporate modifications required by the California Department of Housing and Community Development (HCD); and
WHEREAS, the adopted 6th Cycle Housing Element identifies June 2022 as the deadline for the City to obtain CCC final certification and complete 6th Cycle Housing Element Programs 1A and 1B in compliance with State housing law; and WHEREAS, on February 10, 2022, the CCC conditionally certified the NC/PC LCPA for Ordinances No. 971 and No. 973 on the condition that the City Council accept the required CCC modifications via ordinance and submit to CCC for final certification; and
WHEREAS, the City Council is required, pursuant to the Coastal Act, to adopt an ordinance accepting the required CCC modifications within 6 months of CCC conditional certification (by August 2022) in order to obtain CCC final certification prior to expiration of the submitted NC/PC LCPA application; and
WHEREAS, the required CCC modifications have been incorporated within this Ordinance; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with the City Council’s prior determinations as it will not have a potential to result in a direct or indirect physical change in the environment; no new or substantially greater impacts would result from implementation of the LCPA; and as such, pursuant to CEQA Guidelines Sections 15162 and 15163, the proposed action does not require further environmental review.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:

SECTION ONE:

That DMMC Section 30.24.030, applicable to the NC Zone, is amended to read as follows:

No changes to sub-sections A-B
3 March 7, 2022 Item 05
Ordinance No. ___

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C. Multiple dwelling unit residential up to a density of 20 dwelling units per acre subject to the following:

1. Proposed projects shall be consistent with the certified Local Coastal Program.

2. The density allowance of 20 dwelling units per acre may not be located on parcels adjacent to the San Dieguito River and Lagoon as depicted in the certified LCP Land Use Exhibit titled “Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited”.

3. During development permit review, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission’s 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned and/or implemented), and analysis of how those adaptation measures minimize projected flood risk.

This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

4. If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply as a condition of Coastal Development Permit approval:
a. Development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards including those from the impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures;
b. The landowner shall record a notice on the property and notice all occupants that:
i. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise.
ii. The property owner and all successors in interest waive any 4 March 7, 2022 Item 05
Ordinance No. ___

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rights under Coastal Act Section 30235 and related LCP
policies to hard shoreline armoring to protect the
development.
c. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.24.030(C)(4)(b) shall also reflect the following:
i. That sea level rise and flooding could render it difficult or impossible to provide services to the site.
ii. That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land.
iii. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
d. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

SECTION TWO:

That DMMC Section 30.24.070(A), applicable to the NC Zone, is amended to read as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing.

2. [No change]
SECTION THREE:

That DMMC Section 30.25.070(A), applicable to the PC Zone, is amended to read as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing.

2. [No change]
5 March 7, 2022 Item 05
Ordinance No. ___

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SECTION FOUR:

That “Exhibit A” to this Ordinance titled “Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited” is hereby adopted and shall be incorporated into the certified LCP Land Use Plan.

SECTION FIVE:

That “Exhibit B” to this Ordinance, amending the existing list of Land Use Designations/Allowed Uses within the certified LCP Land Use Plan, is hereby adopted and shall replace the existing Exhibit in the certified LCP Land Use Plan.

SECTION SIX:

That “Exhibit C” to this Ordinance, amending the existing list of Zone Designations/Allowed Uses within the certified LCP Implementation Plan, is hereby adopted and shall replace the existing Map Exhibit in the certified LCP Implementation Plan.

SECTION SEVEN:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with the City Council’s prior determinations as it will not have a potential to result in a direct or indirect physical change in the environment. This includes action by the City Council on September 8, 2020, adopting Resolution 2020-47 that will apply to future housing development as covered by PC Zone General Plan Amendment Resolution 2020-48 (adopted September 8, 2020), PC Zoning Ordinance 971 (adopted September 21, 2020), NC Zone General Plan Amendment Resolution 2021-12 (adopted March 15, 2021), and NC Zoning Ordinance 973 (adopted October 19, 2020). The Council action on September 8, 2020 specifically included: 1) certifying a Final Program Environmental Impact Report (PEIR) for the Professional Commercial Zoning and North Commercial Zoning Code Amendments (SCH #2019029058) that analyzes and discloses the known potential impacts associated with the land use plan and code amendments; and 2) adopting a Mitigation, Monitoring, and Reporting Program (MMRP) that identifies a mitigation framework for future housing development in the NC Zone and PC Zone.

It also includes action by the City Council on October 5, 2020, adopting Resolution 2020- 52 for the 6th Cycle Housing Element Update certifying a Final PEIR (SCH No. 2020029064) and adopting a MMRP, which will apply to future housing development covered by Resolution 2020-48 (adopted September 8, 2020), Ordinance 971 (adopted September 21, 2020), Resolution 2021-12 (adopted March 15, 2021), and Ordinance 973 (adopted October 19, 2020). No new or substantially greater impacts would result from implementation of the LCPAs required per the 5th Cycle Housing Element Programs 2E (NC Zone) and 2F (PC Zone) or the 6th Cycle Housing Element Programs 1A (NC Zone) and 1B (PC Zone). As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation the Final PEIRs, the proposed action does not require further environmental review. 6 March 7, 2022 Item 05
Ordinance No. ___

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SECTION EIGHT:

This Ordinance was introduced by the City Council on March 7, 2022.

SECTION NINE:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION TEN:

Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes final action to unconditionally certify the Local Coastal Program Amendment.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 21st day of March, 2022.
______________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
7 March 7, 2022 Item 05
Ordinance No. ___

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ATTEST AND CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
8 March 7, 2022 Item 05
Ordinance “Exhibit A”
Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited To assure priority for coastal-dependent and coastal-related development that avoids impacts to sensitive wetland habitat and the San Dieguito River and Lagoon, multiple dwelling unit residential use shall be prohibited on the North County Transit District (NCTD)-owned wye property (APN 299-071-02-00) located on the west side of Jimmy Durante Boulevard (labeled parcel 1) and parcels labeled 12-16 located north of San Dieguito Drive on the east side of Jimmy Durante Boulevard (299-100-32-00, 299-100-33-00, 299-100-34-00, 299-100-35-00, 299- 100-36-00). Multi-unit development is an allowed use on the interior parcels labeled 2-11. 9 March 7, 2022 Item 05
Ordinance “Exhibit B”

LAND USE DESIGNATIONS/ALLOWED USES
R1-40 Single Family Residences at a density of 1 dwelling unit/net ac.

R1-14 Single Family Residences at a density up to 3.1 d.u./net ac.

R1-10 Single Family Residences at a density up to 4.3 d.u./net ac.

R1-10B Single Family Residences at a density up to 4.3 d.u./net ac.

R1-5 Single Family Residences at a density up to 8.7 d.u./net ac.

R1-5B Single Family Residences at a density up to 8.7 d.u./net ac.

RM-East Single Family, Duplex and Clustered* Residences at a density up to 8.8-17.5* d.u./net ac. Day Nurseries*, Care Centers*
RM-West Single Family, Duplex* and Clustered* Residences at a density up to 8.8-17.6* d.u./net ac. Day Nurseries*, Care Centers*
RM-Central Single Family, Duplex* and Clustered* Residences at a density up to 6.3-12.5* d.u./net ac. Churches*, Day Nurseries*, Care Centers*
RM-South Single Family, Duplex and Multiple Family Dwellings at a density of 10.9-12.5* d.u./net ac. Boarding houses, Resthomes, Fraternity houses.

R-2 Single Family, Duplex and Clustered* Residences at a density up to 8.8-12.5 d.u./net ac. Day Nurseries*, Care Centers*
RC Allowed uses in R-2 Zone (at least 60% of floor area on site). Allowed uses in CC Zone (no more than 40% of floor area on site).

CVPP Uses as allowed per Carmel Valley Precise Plan with floor area ratios and design constraints contained therein
10 March 7, 2022 Item 05
Ordinance “Exhibit B”

LAND USE DESIGNATIONS/ALLOWED USES
CC Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*.

BC Retailing, renting or dispensing of services, (exclusive of drive-through). Beach equipment rental, Outdoor recreational facilities, Cafes, Restaurants. Any principal use in CC Zone*.

NC Repair shops, Blueprinting, Manufacturing, Restaurants, Art and Technical studios, Offices, Warehouses, Multiple dwelling units at a density of up to 20 du/acre, Emergency Shelters, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Hotel/Motel*, Vet clinics*, Kennels*, Refuse recycling centers*.

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots, Parking garages; Multiple dwelling units up to 20 du/acre.

VC Hotels, Motels, Boarding houses and Lodging houses.

FR Regulated by 22nd Agricultural District.

RR Railroad facilities, related structures*.

FW (No permanent structures) Aviaries, open crops, Aquaculture, Open recreational uses.

PP Public parks, beaches, Playgrounds, Ecological preserves.

ZONE DESIGNATIONS/ALLOWED USES
R1-40 Single Family Residences at a density of 1 dwelling unit/net ac.

R1-14 Single Family Residences at a density up to 3.1 d.u./net ac.

R1-10 Single Family Residences at a density up to 4.3 d.u./net ac.

R1-10B Single Family Residences at a density up to 4.3 d.u./net ac.

R1-5 Single Family Residences at a density up to 8.7 d.u./net ac.

R1-5B Single Family Residences at a density up to 8.7 d.u./net ac.

CVPP Uses as allowed per Carmel Valley Precise Plan with floor area ratios and design constraints contained therein
12 March 7, 2022 Item 05
Ordinance “Exhibit C”

ZONE DESIGNATIONS/ALLOWED USES
CC Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*.

BC Retailing, renting or dispensing of services, (exclusive of drive-through). Beach equipment rental, Outdoor recreational facilities, Cafes, Restaurants. Any principal use in CC Zone*.

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots, Parking garages; Multiple dwelling units up to 20 du/acre.

VC Hotels, Motels, Boarding houses and Lodging houses.

FR Regulated by 22nd Agricultural District.

RR Railroad facilities, related structures*.

FW (No permanent structures) Aviaries, open crops, Aquaculture, Open recreational uses.

PP Public parks, beaches, Playgrounds, Ecological preserves.

PF Public schools; City, County, State and Federal buildings; Utility structures. *provided a Conditional Use Permit has first been obtained and is in full force and effect. 941SP Uses as allowed per the 941 Specific Plan
HSP Uses as allowed per the Hotel Specific Plan
PSP Uses as allowed per the Plaza Specific Plan
13 March 7, 2022 Item 05
1 Melinda Gould
Subject: FW: March 7, 2022 Meeting - Agenda Item 5
From: Suheil Rodriguez <[email protected]>
Date: March 7, 2022 at 4:25:45 PM PST
To: Dwight Worden <[email protected]>, Sarah Krietor <[email protected]> Cc: Ashley Jones <[email protected]>, Matthew Tucker <[email protected]> Subject: March 7, 2022 Meeting - Agenda Item 5
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

On behalf of Executive Director, Matthew O. Tucker, please see email below:

Dear Mayor Worden and City Council Members,
NCTD is aware of the “Red Dot” notice to amend Agenda Item 5 for tonight’s City Council Meeting:

Introduction of an Ordinance to Accept Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Amendment Pursuant to Coastal Commission Action on February 10, 2022 (the “Red Dot”).

In the Red Dot, it is specifically noted for the first time that the NCTD Del Mar Wye parcel (APN 299-071- 02) as depicted in Exhibit A is selected as part of those parcels where multiple dwelling unit development is prohibited. However, per the Coastal Commission determination on “CITY OF DEL MAR MAJOR AMENDMENT NO. LCP-6-DMR-20-0079-3” dated January 28, 2022, item TH13d; the Commission did not identify this parcel to be omitted. Rather the Commission held:
“A suggested modification is also needed in order to limit development potential on parcels in the NC Zone that would pose the greatest risk of damage to life and property, as well as impact nearby sensitive environmental resources. To that effect, the density allowance of 20 dwelling units per acre will not be applicable to those parcels located adjacent to the San Dieguito River and Lagoon. Disallowing residential uses on these environmentally constrained parcels was suggested by the City after the LCP Amendment was submitted to the Commission.” [emphasis added]
The enumerated NCTD parcel, is not located adjacent to the river or lagoon and is in fact separated by the City public works property and maintains no water frontage on any of the three sides of the parcel. The application of the Coastal Commission’s direction to the NCTD parcel is in error and without basis in the mandate of the Commissions requirements cited above. NCTD therefore objects to the removal of the NCTD parcel from the updated NC zoning and specifically the multiple dwelling unit development opportunity contained therein.

NCTD looks forward to working with City staff on correcting this error.

Suheil Rodriguez
Executive Coordinator
North County Transit District | 810 Mission Avenue | Oceanside, CA 92054 [email protected] | 760.966.6696 | c: 760.547.3207 | fax: 760.967.2001 | GoNCTD.com 1 March 7, 2022 Items 5
2 2 March 7, 2022 Items 5
1 Melinda Gould
From: Arnold Wiesel <[email protected]>
Sent: Monday, March 7, 2022 11:40 AM
To: City Clerk Mail Box; Dwight Worden; Tracy Martinez; David Druker; Terry Gaasterland; Dan Quirk
Subject: Fw: evacuation plan ????????????
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

RED DOT LETTER:

MARCH 7TH 2022 CITY COUNCIL MEETING
AGENDA ITEM #6 - Crest Canyon Evacuation Plan
The City of Del Mar is voting on the Fire Evacuation Plan for my area along with other areas in Del Mar, today.

BACKGROUND On September 28, 2021, the City of Del Mar executed an agreement with the Del Mar Hillside Community Group to facilitate the withdrawal of a Referendum that was filed against City Council Ordinance 973 in November 2020. Ordinance 973 was adopted on October 19, 2020, in order to meet the City’s 5th Cycle Housing Element obligations. In the Referendum Withdrawal Agreement (Agreement), the City agreed to produce a Wildfire Evacuation Plan (Plan) for the North Commercial Zone/San Dieguito Drive area of Del Mar. The agreement stipulates that the City’s Fire Department would host a community workshop to provide information to residents on wildfire preparedness and solicit public input on a Plan for the North Commercial Zone/San Dieguito Drive area within three months from execution. The Agreement further stipulates that the City would develop the Plan and present it to the City Council within nine months from execution of the agreement, which would be no later than June 28, 2022. The Agreement also noted that the Plan is to include the quantitative and qualitative elements necessary to ensure public safety, including ensuring adequate ingress and egress during emergencies. Finally, the Plan is to be at least as comprehensive as the Olivenhain Wildfire Evacuation Plan (Attachment B), which was included with the Agreement as an example document
------------
City of Del Mar City Council Meeting
DATE: March 7, 2022
Agenda item #6
File# 1103-1
SUBJECT: Crest Canyon Evacuation Plan
Under 'Discussion Analysis', City report states, in part:
1 March 7, 2022 Item 06
2 "The Plan will be used as an emergency operations resource provided to the Incident Commander to use when making decisions that provide for the safe and orderly evacuation of residents and visitors who live and/or are visiting the neighborhoods that surround the Crest Canyon very high fire hazard severity zone in the event of a wildfire........"
My opinion:

Organizing an allegedly orderly procession plan to evacuate families from fires while failing to address the effects from immanent construction of high density housing for hundreds of new residences to be located around this traffic circle/roundabout area / evacuation point, is a fatal flaw in this evacuation plan.

Accordingly, this plan should not be accepted until a study can be had which would address whether this roundabout area can withstand so much housing/residences and traffic without crushing the fire departments safety traffic patrol plan. This is the elephant in the room which the fire department deliberately avoided.

Note, the critical point of evacuation (escape from fire) is this traffic circle/roundabout.

Everyone in Del Mar knows the real (boots on the ground) reality - that during the summer season, traffic gridlock at this traffic circle is a common event. Consequently, gridlock throughout our city backs traffic up from this roundabout, southbound throughout the city of Del Mar where it takes a car approximately one hour to travel from the south end of Del Mar (Del Mar Heights Rd and Camino Del Mar) to the north end of Del Mar (Camino Del Mar - Jimmy Durante Blvd.) the roundabout.

This road typically takes approximately 5 minutes to traverse.

With traffic gridlock already happening too frequently at this roundabout, which binds and closes down traffic at the roundabout, creating a log-jam for all traffic throughout the city - how could this situation be ignored, not be considered and addressed, especially in the face of our city permitting immanent high density housing at this roundabout area.

During fire department workshops, I raised concerns about our city permitting high density residential housing around this evacuation roundabout/traffic circle, which already fails/shuts down due to traffic gridlock.

Their lead coordinators at the work shops, never addressed my questions. They merely went on with their meeting only to focus on organized safety patrolled evacuation.

In conclusion, I experienced the fire department workshops resolute not to consider the advent of immanent population growth around the traffic circle (evacuation point). Ignoring this point does not solve the problem. When the fire department does not consider the addition of hundreds of families / high density residential to be 2 March 7, 2022 Item 06
3 permitted at the roundabout, which already too often shuts down due to traffic gridlock, does not mean this REAL problem does not exist.

Therefore, I believe the fire department did not address this critically important and vital concern by the Del Mar Hillside Community Association's Agreement to Withdraw the Referendum. This issue is obvious and is integral, and should have been recognized, studied and addressed in order for their evacuation plan to be considered inclusive and comprehensive.

Respectfully,
Arnold Wiesel
Del Mar Hillside Community Association
3 March 7, 2022 Item 06

CITY COUNCIL AGENDA QUESTIONS
MARCH 7, 2022
Item 5 – Introduction of an Ordinance to Accept Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Pursuant to Coastal Commission Action on February 10, 2022

1. Do we know if HCD will accept the NCPC LCPA as modified, or are they reserving the right to contend it is an "impediment?"
Answer: HCD is waiting for the City to complete processing of the NC/PC LCPA. They have not indicated any objection to the content within the City’s ordinance in process.

2. On the CEQA exemption for this item, shouldn't it also recite the CEQA exemption applicable to CCC review of LCPs? See, CEQA, Pub, Res. Code Section 21080.5 which exempts local governments from requiring preparation of an Environmental Impact Report (EIR) in connection with preparing LCPs.

Answer: The CEQA statement within the report explains the prior CEQA review that was done for the NC/PC LCPA. It is not necessary to also claim an exemption from CEQA but an additional statement could be added to the ordinance if desired.

Item 6 - Crest Canyon Evacuation Plan

1. The Report relies on averages to project numbers of people per house, numbers of dogs, etc. Do we have support that these estimates reflect Del Mar? Answer: The Olivenhain Evacuation Plan, which served as the model for the Crest Canyon Evacuation Plan, uses more regional averages from the San Diego County Evacuation Plan, Annex Q. However, the Fire Department was able to include numbers that are more specific to Del Mar from the 2019 American Community Survey.

2. The Report at page 7 says San Dieguito Drive, Racetrack View Dr., and Oribia, are "one way in one way out." This isn't accurate in terms of traffic flow rules currently.

What is intended in this statement?
Answer: The reference to those roads in the Plan means those streets are one-way in, one-way out. It does not mean one-way traffic flow. There is only one entry and exit point for these roads.

3. Page 9 references an emergency override for Cox cable, which I assume serves the City of SD. Is there something similar for Charter Spectrum--can we send reverse emergency messages to Del Mar cable users?
Answer: Per the Fire Department, an emergency override can be done for Charter Spectrum. However, the Fire Department does not have control over this override currently. A request can be made to Charter Spectrum to use their cable channels as an alerting system. Staff recommends adding this process to the Crest Canyon Evacuation Plan.
1 March 7, 2022 Items 5-7
3/7/22 City Council Agenda Questions

Page 2 of 2 ends

Item 7 – Fiscal Year Annual Comprehensive Financial Report (ACFR) and Audited Financial Results

1. The City population on page 16 of the ACFR is listed at 4,258, this is out of date.

The 2020 census sets us at about 3,900.

Answer: In order to be comparable to other cities, the population data used in the ACFR is provided by the Department of Finance. Next year’s data will be updated based on the 2020 census data.

2. On page 16: What is the “Del Mar Public Facilities Corporation?" Answer: This is a legal corporation that was created years ago to finance Del Mar infrastructure. The statement on page 16 indicates that all payments made for any public facilities is included in the financial statement (ACFR).

3. On page 16—the reference to Waste Management should reflect the change to EDCO for next year, no?
Answer: The City will not be transitioning to EDCO until the end of this fiscal year. As such, Waste Management will continue to be listed as the City’s waste hauler for FY 2021- 22 and FY 2021-22. However, next year we can mention that effective July 1, 2022, the city has a new contract with EDCO for waste collection. You will not see EDCO listed on the AFCR until FY 2022-23.

4. Is the Finnell plan back in operation? The CAFR reflects it was suspended during COVID.

Answer: The Finnell Plan is used when developing/adopting the budget. Since we have not fully recovered revenues to pre-Covid levels, the next time the Finnell Plan is expected to be used for budget development purposes is during the FY 2023-2024 and 2024-2025 Operating and Capital Budget process.

5. I am hoping to better understand our pension status: How much do we owe, and with our current plans in place, how long will it take us to pay it off? Answer: Staff will be working with the Finance Committee’s Pension Subcommittee to discuss and develop a recommendation on funding for the Pension Reserve Fund, based on how much we owe and how long it will take to pay it off. Once this work is done, we will bring forward an agenda item to present to the City Council for consideration. At this time, we are targeting June 2022 for this Council presentation. 2 March 7, 2022 Items 5-7

Del Mar City CouncilMarch 7, 2022

Del Mar City Council
March 7, 2022