Agenda, regular meeting, first session — Del Mar City Council, May 2, 2022 (part 1 of 3)

Table of Contents
2022-5-2 Regular Meeting Agenda
Item 1 - Minutes 4-18-2022
Item 2 - List of Demands
Item 4 - Finance Committee Appointment
Item 5 - AB361 Remote Meetings
Item 6 - Regional Shoreline Monitoring MOU
Item 7 - Phase II Studies
Item 8 - ADU Pilot Program
Item 9 - De Novo Hearing_DRB21-018 (Ziskin)
Item 10 - DMVA Welcome Summer Banner & Flag Proposal
Item 11 - Council Workshop Follow-up
Item 12- Citywide Staffing Plan
Item 13 - Rental Subsidy Update - Agenda Report
Item 14 - Expectations for CC Reps & City Position on Rail Issues Item XIIIS SAC Clarification on Energy Comparison
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Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, May 2, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

Public Participation/Comment
Members of the public can participate in the meeting by either submitting a written red dot comment via email to
[email protected] or by speaking live using the Zoom link and/or dial-in information provided below. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda.

Zoom Link: https://us02web.zoom.us/j/84790910014
Phone: (669) 900-6833
Meeting ID: 847 9091 0014
While registration is not required, staff recommends members of the public submit an optional tele-comment request form (www.delmar.ca.us/telecomment) to assist with speaker
management during the meeting. For more information please visit: www.delmar.ca.us/publiccomment.

Viewing the Meeting and Access to Agenda Materials
Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM.

Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website: http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at the Del Mar Library during their business hours.

Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the Administrative Services Department via email at [email protected] or by calling (858) 755-9313, preferably at least 48 hours in advance of the meeting if possible.

Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council, staff, or the public so requests, in which event, the item will be considered separately.

1. Approval of Minutes: April 18, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated May 2, 2022
Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4
Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

4. Finance Committee Appointment
Recommended Action: The City Council Liaisons to the Finance Committee recommend that the City Council appoint Laura DeMarco as a voting member to the Committee to serve a full three-year term effective May 2, 2022 and ending on May 31, 2025.

Reference: Clerk’s File No. 401-5

5. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

Reference: Clerk’s File No. 401-7

6. Authorize City Manager to Execute an Amended Memorandum of Understanding with SANDAG for Regional Shoreline Monitoring Recommended Action: Staff recommends that the City Council authorize the City Manager to execute an amended Memorandum of Understanding (MOU) with SANDAG for continued participation in the Regional Shoreline Monitoring Program that extends the agreement term through July 31, 2024, and specifies the Program costs for FY 2022-23 and FY 2023-24.

Reference: Clerk’s File No. 406-1; 1404-4; 1506-1

7. Council Consideration of Phase II Planning Studies to Implement the City’s Housing Element
Recommended Action: Staff recommends the City Council: 1) Approve Task Order Agreement 2022-2 (Attachment A) with Steven Dalton Associates (SDA) for preparation of a zoning assessment and architectural concepts for Phase II feasibility studies to facilitate development of potential incentives for Council consideration in order to facilitate production of deed-restricted lower income units on privately-owned properties; 2) Approve Task Order Agreement 2022-2 (Attachment B) with Keyser Marston Associates (KMA) for preparation of Phase II feasibility studies and financial analysis to facilitate development of potential incentives for Council consideration in order to facilitate production of deedrestricted lower income ADUs and lower income units within multiple dwelling unit development on privately-owned properties; and 3) Authorize the City Manager to execute the Task Orders.

Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 304-7; 406-1
IX. PUBLIC HEARINGS

8. Introduction of an Ordinance to Extend the Accessory Dwelling Unit (ADU) Pilot Program (Incentive Program)
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to extend the ADU Pilot Program, which is intended to incentivize creation of ADUs that are deed restricted affordable to low income households.

Reference: Clerk’s File No. 401-4

9. A De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve Design Review Permit (DRB21-018), Land Conservation Permit (LC21-008), and Coastal Development Permit (CDP21- 012) to demolish a 2,091 square-foot, one-story residential structure and to allow construction of a new 2,000 square-foot, two-story residential unit with associated grading, landscape, and site improvements at 624 8th Street, in the R1-10 Zone
Project Applicant: Matthew and Chelsea Ziskin
Appellants: Nigel Hook and Janet Wilson
Project Location: 624 8th Street
(APN# 300-252-14-00)
Recommended Action: Staff recommends that the City Council review the request for conformance with applicable standards of the Del Mar Municipal Code (DMMC) and take one of the three following actions: 1) Conditionally approve the project as proposed; 2) Deny the project as proposed; or 3) Provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing.

Reference: Clerk’s File No. 301-12
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

10. Del Mar Village Association’s Proposed “Welcome Summer” Banner and Flag Program
Recommended Action: Staff recommends the City Council: 1) Consider and provide feedback on the Del Mar Village Association (DMVA) “Welcome Summer” Banner and Flag Program proposal (Attachment A); and 2) Authorize the City Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Manager and DMVA Council liaisons to work with DMVA to finalize the design of the banners and implement the program.

Reference: Clerk’s File No. 1202-16

11. Follow-Up Report from City Council Goal Setting Workshop Regarding City Council Work Plan “Wish List” Items for Consideration
Recommended Action: Staff recommends that the City Council receive the report and provide direction to staff on which “wish list” items, if any, to incorporate into the City work plan for Fiscal Year 2022-2023.

Reference: Clerk’s File No. 401-1

12. Proposed Citywide Staffing Plan
Recommended Action: Staff recommends that the City Council: 1) Review the proposed Citywide Staffing Plan and provide feedback as necessary; 2) Adopt a Resolution (Attachment A) authorizing:
• Reclassification of the Facilities Supervisor position to Public Works Operations Manager;
• Reclassification of Administrative Services Director position to Administrative Services Manager;
• Creation of a full-time Associate Engineer position in the Public Works Department;
• Creation of a full-time Beach and Community Patrol Officer I/II position in the Community Services Department; and
• Approve related amendments to the Fiscal Year 2021-2022 Management and Professional and General Employee Compensation Plans (Exhibits A and Exhibit B to Attachment A).

Reference: Clerk’s File No. 502-1; 504-3

13. Del Mar Rental Assistance Program Update
Recommended Action: Staff recommends that the City Council receive an update on the status of the Del Mar Rental Assistance Program and authorize the extension of the deadline for discontinuation of the program from June 30, 2022 to June 30, 2023.

Reference: Clerk’s File No. 301-19, 303-1
Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

14. Council Discussion Regarding Expectations for Council Representatives to Outside Agencies and Del Mar City Council Official Position on Rail Issues Recommended Action: Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to Council representatives to outside agencies; 2) Discuss the Council’s official majority position and recent Councilmember activities related to rail issues; and 3) Authorize Councilmembers Druker and Gaasterland to send a letter to the North County Transit District (NCTD) Board confirming the City’s official position with regard to safe crossings, rail relocation, and other significant rail related issues as may be appropriate.

Reference: Clerk’s File No. 1005-2, 1506-20
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Druker) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Druker/Martinez) E. League of California Cities – San Diego Chapter (Worden/Martinez) F. North County Transit District (NCTD) (Quirk/Gaasterland/Druker) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) L. San Diego Metropolitan Wastewater JPA Advisory Committee to San Diego (Quirk/Bride)
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
Recommended Action: Receive Memorandum
Reference: Clerks File No. 401-5
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

May 16, 2022
Approval of Fiscal Year 2022-23 Senate Bill 1 Funding for the Annual Pavement Rehabilitation Project Second Reading/Adoption of Ordinance to Extend the ADU Pilot Program Third Amendment to Animal Services Contract with San Diego Humane Socity: 1-Year Term Extension Contract Time Extension for Kleinfelder on the Camino del Mar Bridge Project Appointment to Traffic & Parking Advisory Committee (Tentative) AB361 Continuation of Remote Public Meetings
Prop 218 Public Hearing to Approve Solid Waste Collection Rates Introduction of Ordinance to Accept CCC Modifications for HEI-OZ and Watermark Rezone (5th Cycle Program 2G)
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority - Opposition Resolution Camino del Mar Bridge Replacement Project Mitigated Negative Declaration Information Summary Del Mar City Council Regular Meeting May 2, 2022
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. CERTIFICATION
I, Sarah Krietor, Acting City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 28th day of April, 2022, at approximately 4:15 p.m.
___________________________________________ 4/28/2022
Sarah Krietor, Acting City Clerk Date

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
APRIL 18, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Worden called the Regular Meeting to order at 4:31 p.m.

ROLL CALL

Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals for the April 18, 2022, City Council Closed Session meeting and there were no reportable actions for Items A, B, and D. The City Council adjourned back into closed session following the regular open session meeting to complete discussions related to Item C and any report out on that item will be provided at a future meeting.

PLEDGE OF ALLEGIANCE
Councilmember Gaasterland led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported that a settlement regarding the Midway had been reached and the Fair will proceed as planned this year. Mayor Worden asked the City Manager to provide clarification on a recent letter that was sent to North County Transit District last week, and he reported on the Francoise Gilot Art/Salk Institute Art show held at the Del Mar Civic Center on April 14, 2022, and the Del Mar Foundation Easter egg hunt.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on work to refresh traffic stripping along Jimmy Durante Boulevard between Via de la Valle and San Dieguito Drive planned to take place on April 16, 2022.

PRESENTATIONS
ITEM 1: PRESENTATION BY THE COUNTY OF SAN DIEGO REGARDING THE DRAFT REGIONAL DECARBONIZATION FRAMEWORK (CLERK’S FILE NO. 1403-4) 1 May 2, 2022 Item 01
City Council Regular Minutes
April 18, 2022

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Mayor Worden introduced the item. A presentation was provided by County Program Manager Murtaza Baxamusa and Management Fellow Elise Hanson was also available to answer questions.

City Council questions and discussion focused on climate action plan items which may be synergistic; clarification on the appropriate timing for the City of Del Mar to weigh in on different policy options related to the draft Regional Decarbonization Framework (Framework); importance of the Framework and desire for the County of San Diego to lead decarbonization efforts; potential positive environmental impact of the combined efforts of all of the agencies in San Diego County related to decarbonization; decline in the cost of solar energy over the years; and solar energy as a solution to decarbonize.

There were no public speakers for this item.

ITEM 2: BUILDING ELECTRIFICATION PRESENTATION BY THE SUSTAINABILITY ADVISORY COMMITTEE (SAC) AND PROPOSAL FOR ADOPTION OF AN ALLELECTRIC REACH CODE ORDINANCE FOR NEW CONSTRUCTION AND MAJOR REMODELS (CLERK’S FILE NO. 401-4. 401-5, 401-9)
City Manager Jones introduced the item. A presentation was provided by Sustainability Advisory Committee (SAC) Vice Chair Ann Feeney. SAC Ex-Officio member Nilmini Silva-Send was available to answer questions.

City Council questions focused on why the City of Solana Beach did not include stoves in their electrification ordinance; and clarification on the use and environmental impact of electric versus gas water heaters especially related to affordable units.

Mayor Worden opened the item to public comment and San Diego Gas & Electric Government Affairs Liaison Joe Gabaldon and Serna Pelka spoke. Mayor Worden closed the item to public comment.

Council discussion focused on the desire to understand the measurable environmental impacts of Del Mar adopting an electrification ordinance; consideration of incorporating electrification related requirements into the City’s accessory dwelling unit (ADU) ordinance update; cost and staff time associated with drafting and implementing an electrification ordinance; appreciation of SAC members efforts in this area and Vice Chair Ann Feeney for the presentation; timing for bringing a proposed ordinance back to the City Council for consideration; whether ADUs can be mandated to install solar panels and comply with electrification requirements and what would be involved in implementing these requirements; and clarification on the City’s current solar requirements that are in place for detached ADUs.

SAC will work on drafting a proposed electrification ordinance without the use of staff time or other City resources in accordance with City Council Policy 304 Advisory Committee Work Plans. Once drafted, City Council will consider the draft ordinance to determine whether to allocate City resources and City Attorney and staff time.

CONSENT CALENDAR
Acting City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items. 2 May 2, 2022 Item 01
City Council Regular Minutes
April 18, 2022

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IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 5. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 3: APPROVAL OF MINUTES: APRIL 4, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 18, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401- 4)
Council waived the reading of ordinances, on consent.

ITEM 6: APPROVAL OF VARIOUS PHASE I/II PLANNING STUDIES TO IMPLEMENT THE CITY’S HOUSING ELEMENT (CLERK’S FILE NO. 304-7, 406-1)
The item was pulled from the Consent Calendar for a presentation by staff. Principal Planner Amanda Lee provided a presentation and City Manager Jones and Planning and Community Development Director Karen Brindley were available to answer questions. City Council questions focused on clarification on the rational for various redline changes to the task orders; clarification on why senior housing is included in the scope of services; other uses of the Housing Acceleration Program (HAP) grant outside of the consultant fees associated with the task orders work; clarification that the proposed task order amendments are intended to clarify the scope of services for the California Department of Housing and Community Development (HCD); and City Council desire to defer consideration of the Phase 2 task orders to a future meeting in order to allow the Housing Subcommittee additional time to vet out the proposed actions with staff.

There were no public speakers for this item.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY
DEPUTY MAYOR MARTINEZ TO APPROVE PHASE 1 TASK ORDERS AS FOLLOWS:
1) APPROVE THE AMENDED TASK ORDER AGREEMENT 2021-1 BETWEEN

THE CITY AND KMA TO CLARIFY THE THREE SCENARIOS AND ANALYSIS

UNDERWAY COVERED BY THE EXISTING AGREEMENT APPLICABLE TO

PHASE I FEASIBILITY ASSESSMENTS FOR POTENTIAL AFFORDABLE 3 May 2, 2022 Item 01
City Council Regular Minutes
April 18, 2022

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HOUSING ON PUBLICLY OWNED SITES (AGENDA REPORT ATTACHMENT A).
2) APPROVE TASK ORDER AGREEMENT 2022-1 (AGENDA REPORT

ATTACHMENT B) WITH KMA FOR PREPARATION OF SUPPLEMENTAL

FINANCIAL ANALYSIS ADDING FOUR SITE SCENARIOS TO THE PHASE I

ANALYSIS UNDERWAY (SUPPLEMENTAL PHASE I WORK USING HAP
GRANT FUNDS - COMPLETION NO LATER THAN JULY 31, 2022).
3) APPROVE TASK ORDER AGREEMENT 2022-1 (AGENDA REPORT

ATTACHMENT D) WITH SDA FOR SUPPLEMENTAL ARCHITECTURAL

WORK INCLUDING THE PREPARATION OF ADDITIONAL EXHIBITS TO

REPRESENT THE VISION FOR PRODUCTION OF AFFORDABLE HOUSING

ON PUBLICLY OWNED SITES AND DEMONSTRATE SUITABILITY OF THE

FAIRGROUNDS SITE TO SUPPORT HOUSING FOR LOW INCOME

HOUSEHOLDS (SUPPLEMENTAL PHASE I WORK USING HAP GRANT
FUNDS - COMPLETION NO LATER THAN JULY 31, 2022). (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

Council consensus was for staff to work with the Housing Subcommittee to bring back the proposed Phase 2 task orders to City Council for consideration at the May 2, 2022, Council meeting.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 6:37 to 6:45 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 7: UPDATE ON CITY PHASED COVID-19 SAFE REOPENING PLAN (CLERK’S FILE NO. 1104-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Management Analyst/Acting City Clerk Sarah Krietor. City Manager Jones and Public Works Director Joe Bride were available to answer questions.

Council questions and discussion focused on the remote Friday model as it compares to other cities’ practices to be closed every Friday or every other Friday; Council desire to have City staff continue to answer the City’s main phone lines on Fridays; evaluation of the effectiveness of the City’s current telework program; Council desire to resume in-person meetings in September 2022; clarification on the services previously offered in-person at the Public Works administrative offices; whether the City has considered Zoom counter hours for various services; and confirmation that members of the public can receive remote services outside of planning and building counter hours.

There were no public speakers for the item.

Council consensus was to support staff’s recommendations related to implementation of Phase 2 of the COVID-19 Safe Reopening Plan with two changes. City Council and other public meeting will 4 May 2, 2022 Item 01
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resume in person starting with the September 6, 2022, City Council meeting and staff will be available to answer the City’s main phone lines with the remote Friday model.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG), Shoreline Preservation Working Group and San Dieguito River Valley Regional Open Space Park (JPA).

ADJOURNMENT
Mayor Worden adjourned the meeting at 7:34 p.m.

Sarah Krietor, Acting City Clerk
5 May 2, 2022 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
APRIL 18, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 2:30 p.m.

ROLL CALL

Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dan Quirk

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Liabilities related to fencing at/near NCTD rails Authority: Government Code Section 54956.9(b)
Reportable Action: None.

C) Real Property Negotiations
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and Del Mar Hillside Community Association Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same
Authority: Government Code Section 54956.8
Reportable Action: None.

D) Conference with Labor Negotiators
Negotiators: Ashley Jones, City Manager; Monica Molina Finance Manager; Sarah Krietor Management Analyst
Labor Associations: Del Mar City Employee Association (DMCEA) Authority: Gov. Code Section 54957.6
Reportable Action: None.

ADJOURNMENT
The Council adjourned the Closed Session special meeting to join the regularly scheduled open session meeting at 4:27 p.m. The Council reconvened the Closed Session special meeting at 7:35 p.m. to discuss Item C. Mayor Worden adjourned the meeting at 8:01 p.m.

Sarah Krietor, Acting City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Council Members Terry Gaasterland and Dan Quirk, Liaisons to the Finance Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: May 2, 2022
SUBJECT: Finance Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Finance Committee recommend that the City Council appoint Laura DeMarco as a voting member to the Committee to serve a full three-year term effective May 2, 2022 and ending on May 31, 2025.

DISCUSSION/ANALYSIS:

The Finance Committee (Committee) was established to advise the City Council on adoption and updates to the City’s operating and capital budgets and all financial reporting issued by the City Treasurer including quarterly updates, six-month actual financial results and the Annual Comprehensive Financial Report (ACFR). The Committee also reviews and provides recommendations on CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund. The Committee is composed of nine members well versed in financial matters, who serve three-year staggered terms and are limited to serving two consecutive terms. At least eight Committee members must be residents of Del Mar.

There is currently one vacancy on the Committee due to Scott MacDonald’s resignation in November 2021. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Laura DeMarco (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council appoint Laura DeMarco for a full three-year term effective May 2, 2022 and ending on May 31, 2025.

If the recommended appointment is approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current Finance Committee roster is included in this report for the Council’s reference as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current Finance Committee Roster
1 May 2, 2022 Item 04

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
DeMarco Laura S.

Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
X Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

I would like to contribute to the City of Del Mar’s Finance Committee my financial expertise gained from serving as a partner of two institutional investment firms with over $40B in total assets under management and working with public pension funds for over 30 years. My clients included CalPERS which provides the pension benefits for Del Mar’s active and retired employees.

My business, investment, and fiduciary expertise is recognized in being selected for leadership roles on several boards. I served on the Executive and Audit Committees as Secretary of the $9B San Diego County Employees Retirement Association; Vice Chair of the Investment Committee of the YMCA of San Diego County; Founding Chair of the Del Mar Foundation Investment Advisory Committee; Executive, Finance and Investment Committee Member as Treasurer of the San Diego Historical Society; and Development Committee Vice Chair and Investment and Collections Committee Member of the San Diego Museum of Art. 2 May 2, 2022 Item 04

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Education:

University of San Diego, BA in Political Science
University of Pennsylvania, Wharton School of Business, Advanced Investment Management and Alternative Investments with IFEBP
Relevant Experience (job or volunteer etc.):

Partner, Nicholas Investment Partners
Partner, Nicholas-Applegate Capital Management
Founding Chair, Del Mar Foundation Investment Advisory Committee Secretary and Board Member, San Diego County Employees Retirement Association Treasurer and Board Member, San Diego Historical Society Vice Chair of Investment Committee and Board Member, YMCA of San Diego County Member of Investment Committee and Board, San Diego Museum of Art Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Friends of Del Mar Horsepark
Friends of Del Mar Bluffs
Friends of Del Mar Parks
Del Mar Historical Society
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Joe Sullivan Ocean Front 858-354-4311
Loretta Morris 7
th Street 858-823-2721
Mark Stuckelman Luneta 619-994-7475
Residency
Month Year
I have been a resident of California since: 1977
I have been a resident of San Diego County since: 1985
I have been a resident of Del Mar since: 1987
I am a 4th generation San Diegan whose family has been coming to Del Mar since the inception of the race track in the 1930s
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No
2004-2008 Del Mar Foundation Investment Advisory Committee 2002-2008 YMCA of San Diego County Corporate Board
2003-2007 San Diego County Employees Retirement Association 2003-2006 San Diego Historical Society
1998-2004 San Diego Museum of Art
3 May 2, 2022 Item 04

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

I have over 30 years of experience reviewing investment performance, portfolio holdings, risk analytics, and benchmark measurement and making presentations to the staff and boards of public entities such as CalPERS, CalSTRS, New York State Common Retirement Fund, NY State Teachers, Washington, Wyoming, Vermont, TXPERS, Texas Teachers, Ohio PERS, Ohio Police & Fire, 10 California counties, four NY City employee pension funds, Chicago Municipal Employees, Chicago Teachers, LA Fire & Police, Nashville & Davidson County, Memphis, Jacksonville Fire & Police, and Army & Air Force Exchange.

As a former public pension fund board member, I am most interested in helping the City of Del Mar manage and reduce its long-term pension liability. I would also like to contribute my historical knowledge, economic insights, and analytical skills to the budget and risk management process. The current rising interest environment should reduce the City’s pension contribution rate. However, rising rates will increase the City’s borrowing costs for large capital improvement projects like undergrounding and increase the risk of an economic slowdown with lower tax revenue as some economists are already predicting a recession by early 2023.

I would be honored to be selected to serve on the Finance Committee. 4 May 2, 2022 Item 04

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge.

See attached scan April 8, 2022
_____________________________ __________________________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
5 May 2, 2022 Item 04
6 May 2, 2022 Item 04
City of Del Mar
Finance Committee
Appointing Authority City Council
Robert S. Gans
2nd Term Aug 01, 2019 - Jul 31, 2022
Appointing Authority City Council
Karen F Lare
1st Term Jul 31, 2019 - Jul 31, 2022
Appointing Authority City Council
Judd Halenza
1st Term Aug 01, 2019 - Jul 31, 2022
Appointing Authority City Council
K. Alan Lonbom
2nd Term Jul 31, 2020 - Jul 31, 2023
Appointing Authority City Council
Position Vice Chair
Tom L Tullie
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Position Chair
Jeffrey G. Sturgis
2nd Term Nov 09, 2020 - Nov 09, 2023
Board Roster
Finance Committee Page 1 of 2
7 May 2, 2022 Item 04
Appointing Authority City Council
Position Secretary
Laura Pierce
1st Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Jas K Grewal
2nd Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Vacancy
Finance Committee Page 2 of 2
8 May 2, 2022 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Management Analyst/Acting City Clerk Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

DISCUSSION/ANALYSIS:

On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.

On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council has reconsidered the circumstances of the state of emergency every thirty (30) days and has adopted a number of resolutions extending remote public meetings. Most recently, Resolution 2022-22 was adopted April 4, 2022, to continue with remote meetings through May 4, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
1 May 2, 2022 Item 05
City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 May 2, 2022

Page 2 of 2 ends

In order for the City Council, Planning Commission, Design Review Board and City advisory committees to continue to meet remotely past May 4, 2022, the City Council must reconsider the circumstances of the state of emergency and determined that meeting in-person would directly impact the ability of the members and the public to meet safely in person. As such, staff recommends that the City Council adopt a Resolution (Attachment A) allowing the City Council, Design Review Board, Planning Commission and City advisory committees to continue to meet remotely for the next thirty (30) days in accordance with the provisions of Government Code Section 54953 (AB361).

On April 18, 2022, the City Council considered timing options for resuming in-person public meetings. Given the public health circumstances and time needed to facilitate a smooth transition to in-person meetings, Council is targeting September 2022 for resuming in-person meetings beginning with the September 6, 2022 City Council meeting.

In accordance with Government Code Section 54953 (AB 361) the City Council will continue to reconsider the public health circumstances every thirty (30) days.

PRIOR CITY COUNCIL REVIEW:

The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020 and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021; Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13, 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; and Resolution 2022-22 on April 4, 2022 allowing for the continuation of remote public meetings under the provisions established by AB361.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for FY 2021-22.

ATTACHMENTS:

Attachment A – Resolution Related to AB361 Thirty (30) Day Continuance 2 May 2, 2022 Item 05
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER
GOVERNMENT CODE SECTION 54953 RELATED TO
ASSEMBLY BILL 361 IN ORDER TO CONTINUE THE USE OF

TELECONFERENCE OR A REMOTE MEETING PLATFORM TO

FACILITATE REMOTE PUBLIC MEETINGS
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and
WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with Assembly Bill 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13; 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; and Resolution 2022-22 on April 4, 2022; and 3 May 2, 2022 Item 05
Resolution No. 2022-XX

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WHEREAS, on May 2, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for the next thirty (30) days in accordance with AB361 based on the following findings:

1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.

BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 2nd day of May 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 May 2, 2022 Item 05
Resolution No. 2022-XX

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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 Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 2nd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
5 May 2, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: Authorize City Manager to Execute an Amended Memorandum of Understanding with SANDAG for Regional Shoreline Monitoring REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute an amended Memorandum of Understanding (MOU) with SANDAG for continued participation in the Regional Shoreline Monitoring Program that extends the agreement term through July 31, 2024, and specifies the Program costs for FY 2022-23 and FY 2023-

24. DISCUSSION/ANALYSIS:

The purpose of this agenda report is to seek Council authorization for the City Manager to execute an amended MOU agreement with SANDAG for continued participation in the Regional Shoreline Monitoring Program. See the request from SANDAG dated April 12, 2022 (Attachment A). The original MOU (Attachment B) expires at the end of July 2022.

SANDAG set June 1, 2022, as the deadline for execution of the amended MOU agreement to ensure that the amended MOU will be in place prior to the next monitoring services start date. The amended MOU (Attachment C) outlines each jurisdiction’s proportionate share of the Program for the next two years.

SANDAG initiated the Regional Shoreline Monitoring Program in 1996 to measure the changes in beach width and sand volume over time, document the benefits of sand replenishment projects, and improve the design and effectiveness of regional beach fill projects. Data from the Program helps to identify erosion “hot spots” and provides important data to local jurisdictions, many of whom are currently considering sea-level rise adaptation strategies.

The Program was historically paid for on a yearly basis by coastal cities based on miles of sandy shoreline as part of their SANDAG membership assessments, with notification of the annual assessments typically done in the spring. In November 2016, the SANDAG 1 May 2, 2022 Item 06
City Council Agenda Report
Regional Shoreline Monitoring MOU
May 2, 2022

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Board of Directors approved a continuation of the program for five years. The existing five-year MOU that was executed on April 25, 2018, is provided in Attachment B.

SANDAG is requesting an amendment to the existing MOU to incorporate slight program changes and a cost sharing structure, which will apply to FY 2022-23 and FY 2023-24.

The proposed MOU reflects the costs for the next two-year budget cycle (Attachment C).

City Council authorization is required to execute the proposed MOU agreement because the total financial implications of the MOU ($24,008) over the term of the agreement are beyond the City Manager’s signing authority of $15,000.

Attachment D includes the consulting services agreement that identifies the specific monitoring work to be conducted. For example, as part of this regional monitoring program, beach surveys are conducted in the spring and fall of each year at 38 established transects along the region’s coastline. The data gathered from the beach surveys is analyzed in the context of the 20-year history of the monitoring effort.

Information on shoreline changes is presented in an annual report to SANDAG’s Shoreline Preservation Working Group, which is made available to the public on the SANDAG website.

This regional monitoring and data collection relates to local implementation of the City’s Sea Level Rise Adaptation Plan, which is a City Council priority. More specifically, the monitoring program facilitates the collection of data on the change in beach width and coastal bluff conditions over time, which are key factors and indicators of the potential for increased flooding and erosion hazards. The data collected facilitates future planning and decisions such as those related to maintenance of a wide sandy beach, minimization of bluff erosion, and other adaptation-related goals adopted by the City Council.

Under the current five-year MOU the City was assessed 6.9% of the total program cost for FY 2017-18 through FY 2021-22 as summarized below:

FY 17-18 $9,257.00
FY 18-19 $10,061.00
FY 19-20 $10,081.00
FY 20-21 $10,375.00
FY 21-22 $10,679.00
The proposed amendment to the MOU (Attachment C) reflects a request from SANDAG for the coastal cities to enter into a new two-year agreement to fund a consultant contract between SANDAG and Ascent Environmental Inc. for FY 2022-23 ($158,862) and FY 2023-24 ($163,216) that will cover the tasks specified in the consulting agreement scope of services (Attachment D). While the City will continue to be assessed 6.9% of the contract costs, SANDAG staff indicated that the rationale for the 2.71% increase in costs from FY 2022-23 to FY 2023-24 accounts for inflation. Del Mar’s share of the proposed two-year contract is $10,962 for FY 2022-23 and $11,262 for FY 2023-24. 2 May 2, 2022 Item 06
City Council Agenda Report
Regional Shoreline Monitoring MOU
May 2, 2022

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The proposed MOU amendment generally updates the language for the consultant services and extends the contract term. The MOU retains the 6.9% proportionate share of the contract for Del Mar, which has been adjusted for inflation in terms of costs assessed. It should be noted that the proposed MOU would cover the cost of consulting services (per the agreement in Attachment D), which includes an optional task to update tidal datum at an additional cost of $25,861, if the task is needed. Tide and water level datums are standards used to determine the mean sea level and elevation of water level heights and depths along the coast. Del Mar’s portion of the cost for the update would be $1,784 if this optional task is implemented during the two-year contract. See Attachment E for additional details related to the optional task. Since this is required data for the region for implementation of monitoring and adaptation consistent with the Coastal Act, City staff identified this would be a good candidate for SANDAG to request State grant funding to cover the cost of the update as an alternate means of funding this task.

SANDAG is relying on the proposed MOU for assurance that each participating coastal jurisdiction will continue to contribute funding for this monitoring work on an annual basis.

It is recommended that the Council authorize the City Manager to execute the amended MOU. However, two key points to discuss with SANDAG’s Shoreline Preservation Working Group and the SANDAG Board of Directors for consideration prior to execution of future shoreline monitoring agreements include:
1) The monitoring data collected via this Program is used for adaptation planning in order to maintain the region’s public beaches over the long term in consideration of projected sea level rise, which is a statewide public benefit; however, only the coastal cities are paying for SANDAG’s regional monitoring program. 2) Further, the respective cost paid by participating coastal jurisdictions is assessed based on each jurisdiction’s miles of sandy shoreline. It should be noted that while the Del Mar shoreline is typically reported as being approximately two miles in distance, the City has historically been assessed based on three miles of sandy shoreline. It is recommended that SANDAG justify the determination to assess Del Mar on three miles of sandy shoreline.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. If approved by the City Council, the cost of the Regional Shoreline Monitoring Program will be $10,962 for FY 2022-23 and $11,262 for FY 2023-24. Sufficient funds have been included in the Fiscal Year 2022-2023 Adopted Budget to cover program costs per the MOU. Additional funding ($1,784) may be needed if the optional task for updating tidal datum is necessary. Funding for Fiscal Year 2023-2024 will be included in the preparation of the Fiscal Years 2023-2024 and 2024-2025 Operating and Capital Budget. 3 May 2, 2022 Item 06
City Council Agenda Report
Regional Shoreline Monitoring MOU
May 2, 2022

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ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This item relates to implementation of the City’s Sea Level Rise Adaptation Plan, which is a City Council priority.

ATTACHMENTS:

Attachment A – SANDAG Regional Shoreline Monitoring Program Letter (April 2022) Attachment B – 2018 Memorandum of Understanding (MOU) Between Del Mar and SANDAG (Contract No. 5005323)
Attachment C – Proposed Amendment to the MOU Between Del Mar and SANDAG (clean and strikeout underline copies)
Attachment D – SANDAG Task Order No. 1 with Ascent Environmental, Inc. (SANDAG Contract No. S503301, Agreement No S683185)
Attachment E – Optional Task with Ascent Environmental, Inc. (SANDAG Contract No.

S503301, Agreement No S683185)
4 May 2, 2022 Item 06
April 12, 2022 File Number 3200200
Ms. Ashley Jones
City of Del Mar
[email protected]
Dear Ms. Jones:

Subject: Regional Shoreline Monitoring Program Funding
SANDAG is requesting that each coastal city designate Regional Shoreline Monitoring Program (Program) funds to be set aside in its FY 2023 budget.

The Program was initiated in 1996 and has historically been paid for by the region’s coastal cities. The cost of the Program is proportionately broken down by each coastal jurisdiction based on miles of shoreline as shown in the table below.

The Program measures the impacts of beach erosion over time, documents the benefits of sand replenishment projects, and helps to improve the design and effectiveness of beach fills. Success of the Program depends on a continuation of the basic components. These components include beach monitoring (along 38 transects) and lagoon entrance monitoring (closure and maintenance records). Consistency over time has allowed trends to be seen, which are used to plan projects such as the Regional Beach Sand Project (RBSP) in 2012 and 2001 as well as lagoon restoration and maintenance dredging.

Jurisdiction Shoreline
(miles) % of Total FY 2023 Cost
Carlsbad 6.5 14.90% $23,672
Coronado 3.1 7.10% $11,280
Del Mar 3.0 6.90% $10,962
Encinitas 5.8 13.30% $21,130
Imperial Beach* 2.7 6.20% $9,850
Oceanside 3.6 8.30% $13,186
San Diego 17.3 39.80% $63,231
Solana Beach 1.5 3.50% $5,561
Total 43.5 100% $158,872
* One-half of the City of Imperial Beach payment will be paid by the San Diego Unified Port District.

Attachment A
5 May 2, 2022 Item 06
2 The total estimated cost for the Program in FY 2023 is $158,872. The estimated costs per city are included in the table above, of which the City of Del Mar’s cost is $10,962. The distribution of fees outlined in the table above is reflected the Memorandum of Understanding between SANDAG and the City of Del Mar (MOU 5005323 AM 1).

If you have any questions regarding the Program, please contact Program Manager Courtney Pesce at (619) 699-6942 or
[email protected]. An invoice will be sent by SANDAG to the City of Del Mar in July 2022 for the Program cost.

Sincerely,

KEITH GREER
Principal Regional Planner

KGR/CPE
CC: Amanda Lee, Beth Murray
6 May 2, 2022 Item 06

MEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO A5SOCIATION OF GOVERNMENTS
A

REGARDING REGIONAT SHORELINE MONITORING PROGRAM
CoNTRACT 5005323
This Memorandum of Understanding ("MOU") is made and entered into effective as of this O5 6"u of APril .?QI0, by and between the San Diego Association of Governments ("SANDAG") and City of Del Mar ("City")

RECITALS
The following recitals are a substantive part of this Agreement:

WHEREAS, the SANDAG Regional Shoreline Monitoring Program ("Program") began in 1996 to measure the changes in beach width over time, document the bene{its of sand replenishment projects, and help to improve the design and effectiveness of beach fills; and WHEREAS, this comprehensive approach to monitoring the shoreline provides data that can document changes to the shoreline over time and provides important information to decisionmakers when beach replenishment efforts are contemplated; and WHEREAS, the Program has historically been paid for on a yearly basis by coastalcities based on miles of sandy shoreline as part of their SANDAG membership assessments; and WHEREAS, the coastal cities are notified regarding their contribution for the subsequent year's monitoring efforts during the spring of each year; and WHEREAS, on November 18, 2016, the SANDAG Board of Directors approved continuation of the Program for an additional five-year period and authorized the Executive Director to execute all documents necessary to implement the Program; and
WHEREAS, SANDAG entered into an agreement with BRG Consulting, lnc on September 30,2017, to carry out beach monitoring activities for the Program from fall 2017 to spring 2022 based on the costs shown in Attachment 1; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above;

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows:

SANDAG AGREES:

To bill the City for their proportionate share of the Program as part of their yearly SANDAG member assessment through July 2021 as shown in Attachment 1.

Attachment B
7 May 2, 2022 Item 06
2 Neither the City nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. lt is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless the City, all officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU.

THE CITY AGREES:

To pay its proportionate share of the Program as part of their yearly SANDAG member assessment through July 2A21 as shown in Attachment 1.

Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to the City under this MOU. lt is understood and agreed that, pursuant to Government Code Section 895.4, the City shall fully defend, indemnify, and save harmless SANDAG, all of{icers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this MOU,
THE PARTIES MUTUALLY AGREE:

That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors.

Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses:
1 2
I

2. For SANDAG:
5an Diego Association of Governments
Attention: Sarah Pierce
401 B Street, Suite 800
San Diego, CA 92101
For the City:

City of Del Mar
Attention: Amanda Lee
2010 Jimmy Durante Blvd. Suite 120
Del Mar, CA, 92A14

3. That unless it is amended by the parties in writing, this MOU shallterminate on June3A,2022, or on such earlier or later date as the parties may agree to in writing. Or this MOU shall continue in effect unless and until a party to the MOU gives 50 days written notice of its desire to withdraw from the MOU. lf such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn.

The indemnification provisions of this MOU shall survive termination of the MOU. 2 4.
8 May 2, 2022 Item 06

5. This MOU shall be interpreted in accordance with the laws of the State of California' lf any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California.

6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors' and assigns.

7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations.

8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties.

10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. lN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written.

SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF DEL MAR

KIM KAWADA
Chief Deputy Executive Director
APPROVED A5 TO FORM:
unsel
HUTH
City Manager
APPROVED AS TO FORM:
of Cou
3 9 May 2, 2022 Item 06
ATTACHMENT 1
Regional Shoreline Monitoring Program Costs
1 Regional Shoreline Monitoring Program costs for FY 2018 were billed to each jurisdiction listed above in the summer or 2O17 2 One-half of the City of lmperial Beach payment will be paid for by the Port of San Diego. 4 Total
Solana Beach
San Diego
Oceanside
lmperial Beach2
Encinitas
Del Mar
Coronado
Carlsbad
Jurisdiction

43.5 't.5
't7.3

3.5 2.7

5.8 3

3.1 5.5
Shoreline
(miles)
lOOo/o

3.5oo/o

39.80%

8.30%

6.2oo/o

13.3oo/o

6.90o/o

7.10o/o
't4.900/o
olo of
Total
31',4,1il
$4,695
$se,:sE
$1 1,1 35
$4.:t e
$17,842
ie,2s7
$g.szs
$1e,e89
FY 2018
Costr
$145,810
$s,t o:
$s8,032
$"tz,toz
$s,oao
$ 19,393
$10,051$10,3s3
521,726
FY 2019
Cost
$146,098
$s,t t g
$sg.t+z
$'t2,126
$e,os8
$19,431
$10,081
$10,373
52't,75s
Fr 2020
Cost
$150,367
$s,zo:
$s9,845
$12,480
$g,zzt
$ 1e,eee
$10,37s$10,575
$zz,+os
FY 2021
Cost
51il,7u
$s,ut
$51,s96
$12,84s
$e,sss
$20,s84
$10,679
$10,e88$23.050
w 2022
Cost
10 May 2, 2022 Item 06
1 AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND

THE CITY OF DEL MAR

REGARDING REGIONAL SHORELINE MONITORING PROGRAM
SANDAG CONTRACT NO. 5005323 (S503301, AMENDMENT NO. 1 (S978767) This Amendment No. 1 to SANDAG Contract No. 5005323 (S503301) concerns a Memorandum of Understanding (MOU) by and between the San Diego Association of Governments (hereinafter referred to as “SANDAG”), and the City of Del Mar.

A. Under the original MOU dated June 28, 2018, SANDAG agreed to continue administering the Regional Shoreline Monitoring Program (“Program”), which was established in 1996 to measure the changes in beach width over time, document the benefits of sand replenishment projects, and help to improve the design and effectiveness of beach fills.

C. Depending on the release date for the new National Tidal Datum Epoch (2002-2020 Epoch), the consultant may also complete a tidal data epoch update based on the costs shown in Attachment

1. D. This Amendment is to modify the termination date, terms and conditions, and Attachment 1.

Nothing in this Amendment is intended to relieve the parties of their obligations to perform as required by the MOU unless expressly stated herein.

NOW, THEREFORE, it is agreed as follows:

1. Section 1 of the MOU under the heading “SANDAG Agrees” shall be amended to instead read as follows:

1. To bill the City of Del Mar for its proportionate share of the Program as part of their yearly SANDAG member assessment through July 2024 as shown in Attachment 1.

2. Section 2 of the MOU under the heading “The City Agrees” shall be amended to instead read as follows:

1. To pay its proportionate share of the Program as part of their yearly SANDAG member assessment through July 2024 as shown in Attachment 1.

3. Section 3 of the MOU under the heading “Parties Mutually Agree” shall be amended to instead read as follows:

2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses:

Attachment C
11 May 2, 2022 Item 06
For SANDAG:

San Diego Association of Governments
Attention: Courtney Pesce
401 B Street, Suite 800
San Diego, CA 92101

4. Section 3 of the MOU under the heading “Parties Mutually Agree” shall be amended to instead read as follows:

3. That unless it is amended by the parties in writing, this MOU shall terminate on July 31, 2024.

5. All other provisions of said MOU not amended herein, shall remain in full force and effect.

6. This Amendment may be executed and delivered by electronic signature. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment.

IN WITNESS WHEREOF, these parties have executed this Amendment effective as of the last date a party provides an electronic signature below.

SAN DIEGO ASSOCIATION

OF GOVERNMENTS

CITY OF DEL MAR

ANTOINETTE MEIER
Senior Director of Regional Planning or
Designee

ASHLEY JONES
City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

Office of General Counsel Legal Counsel
Exhibits:
 Amended Attachment 1 – Regional Shoreline Monitoring Program Costs 12 May 2, 2022 Item 06
3 ATTACHMENT 1
Amended Regional Shoreline Monitoring Program Costs

1 One-half of the City of Imperial Beach payment will be paid for by the Port of San Diego.

2 Completion of the Tidal Datum Epoch Update will be dependent on the release date for the new National Tidal Datum Epoch (2002-2020 Epoch).
3 One-half of the City of Imperial Beach payment will be paid for by the Port of San Diego.

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
[INSERT NAME]THE CITY OF DEL MAR

REGARDING REGIONAL SHORELINE MONITORING PROGRAM
SANDAG CONTRACT NO. [INSERT CONTRACT NO.]5005323 (CMS NUMBERS503301, AMENDMENT NO. [INSERT NO.]1 (CMS NUMBERS978767)
This Amendment No. [Insert No.]1 to SANDAG Contract No. [Insert No.]5005323 (CMS NumberS503301) concerns a Memorandum of Understanding (MOU) by and between the San Diego Association of Governments (hereinafter referred to as “SANDAG”), and [Insert Other Party Name]the City of Del Mar. (hereinafter referred to as “[Insert Abbreviated Name Of Other Party]".

B. SANDAG entered into an agreement with a consultant to carry out beach monitoring activities for the Program through spring 2022. The parties wish to continue the Program through spring 2024 based on the costs shown in Attachment 1.This Amendment is to modify [Insert what's being modified] [e.g., termination date, terms and conditions, etc.]. Nothing in this Amendment is intended to relieve the parties of their obligations to perform as required by the MOU unless expressly stated herein.

C. Depending on the release date for the new National Tidal Datum Epoch (2002-2020 Epoch), the consultant may also complete a tidal data epoch update based on the costs shown in Attachment

1. D. This Amendment is to modify the termination date, terms and conditions, and Attachment 1.

Nothing in this Amendment is intended to relieve the parties of their obligations to perform as required by the MOU unless expressly stated herein.

NOW, THEREFORE, it is agreed as follows:
[Include citations to the section titles and numbers that are being changed. An example of a time extension is included below.]

1. Section [Insert Section] of the MOU under the heading “Parties Mutually Agree” shall be amended to instead read as follows:

That unless it is amended by the parties in writing, this MOU shall terminate on [Insert what's being modified citing approp article #].Section 1 of the MOU under the heading “SANDAG Agrees” shall be amended to instead read as follows:

1. To bill the City of Del Mar for its proportionate share of the Program as part of their yearly SANDAG member assessment through July 2024 as shown in Attachment 1.

Formatted: Font: (Default) Arial, All caps
Formatted: All caps
Formatted: Indent: Left: 0", Hanging: 0.21", Right: 0"
15 May 2, 2022 Item 06

2. Section 2 of the MOU under the heading “The City Agrees” shall be amended to instead read as follows:

1. To pay its proportionate share of the Program as part of their yearly SANDAG member assessment through July 2024 as shown in Attachment 1.

3. Section 3 of the MOU under the heading “Parties Mutually Agree” shall be amended to instead read as follows:

For SANDAG:

San Diego Association of Governments
Attention: Courtney Pesce
401 B Street, Suite 800
San Diego, CA 92101

4. Section 3 of the MOU under the heading “Parties Mutually Agree” shall be amended to instead read as follows:

3. That unless it is amended by the parties in writing, this MOU shall terminate on July 31, 2024.
2 5. All other provisions of said MOU not amended herein, shall remain in full force and effect.

36.This Amendment may be executed and delivered by electronic signature. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment.

IN WITNESS WHEREOF, these parties have executed this Amendment effective as of the last date a party provides an electronic signature below.

SAN DIEGO ASSOCIATION

OF GOVERNMENTS
[INSERT COMPANY NAME]CITY OF DEL
MAR
[INSERT NAME]ANTOINETTE MEIER
[Insert Title]Senior Director of Regional
Planning or Designee
[INSERT NAME]ASHLEY JONES
[Insert Title]City Manager
Formatted: Indent: Left: 0.21", First line: 0.29"
Formatted: Indent: First line: 0.29"
16 May 2, 2022 Item 06
APPROVED AS TO FORM: APPROVED AS TO FORM:

Office of General Counsel Legal Counsel
Exhibits: [Include the relevant Exhibits and remove those that do not apply.]  Amended Project Scope of WorkAttachment 1 – Regional Shoreline Monitoring Program Costs 17 May 2, 2022 Item 06
4 ATTACHMENT 1
Amended Regional Shoreline Monitoring Program Costs

1 One-half of the City of Imperial Beach payment will be paid for by the Port of San Diego.

Jurisdiction Shoreline (miles) % of Total Coastal
Miles
FY 2023
Cost
FY 2024
Cost
Carlsbad 6.5 14.90% $23,672 $24,319
Coronado 3.1 7.10% $11,280 $11,588
Del Mar 3 6.90% $10,962 $11,262
Encinitas 5.8 13.30% $21,130 $21,708
Imperial Beach1 2.7 6.20% $9,850 $10,119
Oceanside 3.6 8.30% $13,186 $13,547
San Diego 17.3 39.80% $63,231 $64,960
Solana Beach 1.5 3.50% $5,561 $5,713
Total 43.5 100% $158,872 $163,216
Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width)
Formatted: Centered, Indent: Left: 0.25", No bullets or numbering
18 May 2, 2022 Item 06
5 ATTACHMENT 1 CONTINUED
Amended Regional Shoreline Monitoring Program Costs
Amended choose: Fee, Rate, or Payment Schedule
Tital Datum Epoch Update Costs2Optional Task 3 Costs (if authorized)  Amended Project Schedule

Jurisdiction Shoreline (miles) % of Total Coastal Miles Cost Carlsbad 6.5 14.90% $3,853
Coronado 3.1 7.10% $1,836
Del Mar 3 6.90% $1,784
Encinitas 5.8 13.30% $3,440
Imperial Beach3 2.7 6.20% $1,603
Oceanside 3.6 8.30% $2,146
San Diego 17.3 39.80% $10,293
Solana Beach 1.5 3.50% $905
Total 43.5 100% $25,861
Formatted: Width: 11", Height: 8.5"
Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width)
Field Code Changed
Formatted: Left, Indent: Left: 0.25", No bullets or
numbering
19 May 2, 2022 Item 06
Attachment D
20 May 2, 2022 Item 06
21 May 2, 2022 Item 06
22 May 2, 2022 Item 06
23 May 2, 2022 Item 06
24 May 2, 2022 Item 06
25 May 2, 2022 Item 06
26 May 2, 2022 Item 06
27 May 2, 2022 Item 06
Attachment E
Optional Task 3 in SANDAG’s Contract for Consulting Services (5005323 AM 1) The City of Del Mar’s portion of the Regional Shoreline Monitoring Program’s costs for services in FY 2022-23 (07/01/2022-06/30/2023) are based on the requested MOU amendment and associated consulting services contract with Ascent/Coastal Frontiers (Contract: 5005323 AM 1). The contract includes an Optional Task 3. This exhibit provides clarifying information (as provided by SANDAG) related to Optional Task 3.

BACKGROUND: NOAA updates the National Tidal Datum Epoch (NTDE) every 19 years (a Metonic lunar cycle) based on water level measurements during that period. In a sense, updates to the NTDE capture and account for sea level rise. The difference Mean Sea Level (MSL) difference for the last NTDE update was about .026 ft in the San Diego region. All NOAA navigation products are referenced to Mean Lower Low Water (MLLW). Many boundaries, such as the State’s “Mean High Water line” also are referenced to tidal datums.

SANDAG PRODUCTS: In keeping with the NOAA standard, SANDAG’s beach profile products also are referenced to MLLW. Referencing these data points to a tidal datum such as MLLW is useful for coastal hazard mitigation, ecosystem research, and marine boundary demarcations (e.g., the Mean High Water line). It also makes it simple to relate the data to other important tidal datums, such as Mean High Water. Updating the beach profile data to the current NTDE will make the information relevant to the current water level conditions and consistent with the system that will be adopted by state and federal agencies.

UPDATES TO SANDAG PRODUCTS: The result of the NTDE update will be lower profile elevations, narrower MSL beach widths, and diminished subaerial volumes. In absence of the NTDE update, the beach widths that the consultant and sub-consultant (Ascent/Coastal Frontiers) will calculate and analyze will not be representative of current sea level conditions (they would be artificially wide). Updating the products will start with applying the NTDE elevation change to the beach profile data, then recalculating MSL beach widths, subaerial volumes, and shore zone volumes. The revised beach profile data will be delivered to SANDAG for publication, and all of the tabulations of MSL beach width, etc. will be updated in the Annual Report. Right now, there are close to 3,000 beach profiles that will be updated along with the calculated parameters (e.g., MSL beach widths).

TIMING: Ascent/Coastal Frontiers would propose to perform the SANDAG update as part of the Annual Report for the year that the NTDE is released by NOAA. The last time NOAA conducted a NTDE update, it took about 2 years to publish the information.

Coastal Frontiers performed the SANDAG beach profile data update in 2003 for the 1983-2001 NTDE update. The NOAA website indicates that the “new NTDE products” will be released in 2025. It is unclear if NOAA will release the NTDE values sooner than the “products” (which are interpreted to be the nationwide suite of navigation charts, etc.). It is possible that the NTDE will be released after the current contract period (07/31/2025) or that the data will be released earlier than the anticipation date (in 2024), which would trigger Optional Task 3.
28 May 2, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: Council Consideration of Phase II Planning Studies to Implement the City’s Housing Element
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council:
1) Approve Task Order Agreement 2022-2 (Attachment A) with Steven Dalton Associates (SDA) for preparation of a zoning assessment and architectural concepts for Phase II feasibility studies to facilitate development of potential incentives for Council consideration in order to facilitate production of deedrestricted lower income units on privately-owned properties; 2) Approve Task Order Agreement 2022-2 (Attachment B) with Keyser Marston Associates (KMA) for preparation of Phase II feasibility studies and financial analysis to facilitate development of potential incentives for Council consideration in order to facilitate production of deed-restricted lower income ADUs and lower income units within multiple dwelling unit development on privately-owned properties; and
3) Authorize the City Manager to execute the Task Orders.

BACKGROUND:

On March 21, 2022, the City Council adopted a Resolution accepting $225,000 in Housing Acceleration Program (HAP) Grant funds as allocated by the San Diego Association of Governments (SANDAG) Board of Directors on March 11, 2022. The HAP Grant is a State grant program that provides funds to local jurisdictions in the San Diego region to develop and adopt policies and process improvements that accelerate housing production and facilitate implementation of the 6th Cycle. Refer to March 21, 2022 Council Agenda Report.

Some of the work identified for completion in the City’s HAP Grant Agreement, to be funded with $65,000 in HAP Grant funds, is completion of Phase II planning studies to identify 1 May 2, 2022 Item 07
City Council Agenda Report
Proposed Phase II Housing Planning Studies
May 2, 2022

Page 2 of 4 ends

potential incentives and permit process improvements that the Council could consider in order to facilitate the production of housing within designated Smart Growth Opportunity Areas (SGOA). Designated SGOAs in Del Mar include the Fairgrounds and Del Mar’s downtown village, with both sites providing infill opportunities for affordable housing. The City received a Notice to Proceed from SANDAG on April 12, 2022, allowing the City to proceed with the tasks identified in the HAP Grant Agreement.

DISCUSSION/ANALYSIS:

The purpose of this agenda report is to seek Council approval of Phase II planning studies to help the City evaluate the feasibility of planning, entitling, financing, and developing affordable and mixed-income housing in Del Mar and the potential incentives that may be considered by the City Council in order to spur interest and participation from private property owners.

This will help the City understand what will make affordable housing viable on privately owned properties that were identified as opportunity sites consistent with the adopted Housing Element programs and sites inventory.

The proposed Phase II planning studies are required to satisfy Housing Element program commitments that are intended to facilitate production of affordable housing to meet the City’s Regional Housing Needs Allocation (RHNA) for the 6th Cycle along with the following objectives:
 Facilitate development of affordable housing on private property per Housing Element Programs 1D and 1I (new incentives for affordable housing in commercial and multiunit zones) and via deed-restricted ADUs per Program 2A (new incentives for ADUs deed-restricted low income);
 Obtain final certification of the 6th Cycle Housing Element from the California Department of Housing and Community Development (HCD); and  Implement the HAP grant agreement by completing identified work for reimbursement by June 30, 2023.

Attachment C included with this agenda report provides excerpts from the adopted Housing Element Goals/Programs related to the proposed Phase 2 task orders.

Proposed Phase II Studies
The proposed SDA Task Order 2022-2 is for a zoning assessment and architectural consulting services to support the Phase II feasibility studies to implement Housing Element Programs 1D and 1I by evaluating existing permit processes and development standards (i.e. potential for consolidated permit processing and/or permit exemptions, fee subsidies and/or payment deferrals, and project design accommodation related to parking, setbacks, lot coverage, floor area, and height) as necessary to inform future consideration of process streamlining and potential incentives that may be considered to facilitate production of lower income units in accordance with the Housing Element.
2 May 2, 2022 Item 07
City Council Agenda Report
Proposed Phase II Housing Planning Studies
May 2, 2022

Page 3 of 4 ends

The analysis will focus on zones and locations that are identified in the Housing Element programs and sites inventory, including North Commercial, Professional Commercial, and Central Commercial. The scope of services included in SDA Task Order 2022-2 will be funded with $10,000 in HAP Grant funds. The architectural analysis and deliverables identified in the SDA Task Order is work that the California Department of Housing and Community Development (HCD) expects the City to complete since it is work that is included in the City’s approved 6th Cycle Housing Element. Further, this information is necessary to inform the economic analysis to be completed per KMA Task Order 2022-2 as described below.

The proposed KMA Task Order 2022-2 is for economic consulting services and Phase II feasibility studies to implement the required economic studies per Housing Element Programs 1D and 1I to identify what types of incentives could be considered for implementation by the City, subject to City Council approval, in order to facilitate affordable housing on private property, including multiple dwelling unit development that includes units for lower income households. In addition, KMA will identify potential incentives for Council consideration that could spur production of deed restricted, low-income Accessory Dwelling Units (ADUs) to implement Housing Element Program 2A. The KMA studies will utilize the architectural concepts prepared by SDA for the financial analysis of the feasibility of various development prototypes. The proposed scope of services will be funded with $55,000 in HAP Grant funds As identified within the adopted 6
th Cycle Housing Element, examples of potential incentives to facilitate affordable housing that will be evaluated include, but are not limited to, consolidated permit processing, entitlement exemptions (such as Conditional Use Permits), streamlined map and permit review processes (such as lot consolidation applications), fee subsidies and/or payment deferrals, and project design/development standard considerations (i.e. parking, setbacks, lot coverage, floor area, and height) for feasibility of mixed use and multiple dwelling unit development with an affordable housing component. The consultant will also evaluate potential incentives for projects that provide a greater number of affordable housing units than the City’s inclusionary housing ordinance would otherwise require.

The Phase II planning studies are targeted for completion by November 30, 2022. In December 2022, the final studies and related recommendations will be presented to the City Council for consideration and direction. It is important to note that purpose of the Phase II studies is to inform the preparation and processing of ordinances that will implement the City’s Housing Element while also taking into consideration the adopted local goals, policies, and objectives in the Del Mar Community Plan and Local Coastal Program. There is no binding decision associated with proceeding with the Phase II studies. They are intended for informational purposes only.

HOUSING IMPACT:

The City’s 6th Cycle Housing Element is in process of certification review with HCD. Execution of agreements to implement the 6th Cycle Housing Element will demonstrate the City’s commitment to further fair housing and facilitate completion of required tasks for 6 th Cycle
Housing Element Programs 1D (Economic and zoning assessment studies related to Affordable Housing Overlay Zone), 1I (Economic and zoning assessment studies to inform 3 May 2, 2022 Item 07
City Council Agenda Report
Proposed Phase II Housing Planning Studies
May 2, 2022

Page 4 of 4 ends

consideration of streamlining and incentives to facilitate production of lower income units), and 2A (Economic and zoning assessment studies to facilitate production of ADUs deedrestricted for low income households) early in the housing cycle during FY21-22 and FY22-

23. FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. If approved, the cost of the Phase II planning studies totaling $65,000 will be entirely funded from the $225,000 HAP Grant that the City was awarded in March 2022.

Consultant Task
Order
Description Budget Funding
Source
KMA 2022-2 Phase II Economic studies –
privately owned sites
$55,000 HAP Grant
Funds
SDA 2022-2 Phase II Zoning Assessment
and Architectural concepts –
privately owned sites
$10,000 HAP Grant
Funds
A required City match contribution of $90,000 in in-kind staff services was included in the HAP Grant Agreement specific to the Phase II studies. This accounts for work to prepare and process the task orders via City Council, execution of the agreements with the respective consultants, and the follow up work once the consultant studies are completed (i.e., preparation and processing of reports, notices, meetings, community outreach, etc.).

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed City Council action is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that there is no possibility that authorization of the task orders may have a significant effect on the environment. Further, the 6th Cycle Housing Element has been the subject of prior environmental analysis and the requested action is consistent with the City Council’s prior determination on October 5, 2020, adopting Resolution 2020-52 for the 6th Cycle Housing Element certifying a Final PEIR (SCH No. 2020029064) and adopting a Mitigation, Monitoring, and Reporting Program (MMRP), identifying that future discretionary actions to implement the 6th Cycle Housing Element will be subject to future CEQA review.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Certification and implementation of the 6th Cycle Housing Element for compliance with State Housing law is a City Council priority.

ATTACHMENTS:

Attachment A – Proposed SDA Task 2022-2 (Phase II Zoning/Architectural Studies) Attachment B – Proposed KMA Task 2022-2 (Phase II Economic Studies) Attachment C – Adopted 2021-2029 Housing Element Programs (December 2021) 4 May 2, 2022 Item 07

Page 1 of 2 ends

April 13, 2022
City of Del Mar / Amanda Lee
1050 Camino del Mar
Del Mar, CA 93014
Phone: (858) 704-3642
RE: Proposal for Architectural Services
Task Order 2022-2

PHASE II ZONING ASSESSMENT/ARCHITECTURAL SERVICES

DM AFFORDABLE HOUSING FEASIBILITY ON PRIVATELY OWNED SITES (PROJECT)
Dear Amanda,
Thank you for considering Stephen Dalton Architects to provide Feasibility Study services to aid the City in evaluating housing opportunities with an emphasis on affordable housing development. I am confident that our team can help you discover the potential of various scenarios in Del Mar.

Scope of Work

1. Zoning Assessment: Evaluate the development standards in existing zones and advise staff on changes to the development regulations that would incentivize affordable housing under the City’s density bonus provisions. Zones to asses s in the analysis include North Commercial Zone, Professional Commercial Zone, Central Commercial Zone, Del Mar Plaza Specific Plan, and RM-South Zone.

2. Feasibility Study: In consultation with the CLIENT, identify three sites (one per zone) in the North Commercial, Professional Commercial, and Central Commercial zones from the Housing Element sites inventory for site specific analysis. Prepare a feasibility study to determine likely unit count, floor area, height, and parking layout. Show comparison betw een existing zoning standards and the anticipated development standards for a viable density bonus project. Three (3) site specific studies are included.

Architect’s Responsibilities
Our services will be performed as is consistent with professional skill and care and the orderly progress of the Project.

Client Responsibilities
You will provide full information regarding the Project Requirements (including objectives, schedule, budget, constraints, criteria, and site requirements).

Attachment A
5 May 2, 2022 Item 07

Page 2 of 2 ends

Compensation
Compensation shall to the Architect will be a Fixed Fee as follows:

Code Analysis $3,000
Feasibility Study $4,500
TOTAL $9,500
Additional Services
Services not listed in the Scope of Work will be considered Additional Services.

Compensation for Additional Services shall be on an Ho urly basis at the rates listed in the Hourly Fee Schedule (below). The scope of work and additional services per this Task Order agreement shall cumulatively not exceed a total of $10,000.

Hourly Fee Schedule
Additional and hourly services will be billed at the following rates:

Principal Architect $185 / hour
Senior Project Manager $165 / hour
Architect 3 $145 / hour
Architect 2 $125 / hour
Architect 1 $105 / hour
Job Captain $95 / hour
Designer 2 $85 / hour
Designer 1 $75 / hour
Intern $55 / hour
With your acceptance I will prepare a formal agreement for your signature. I look forward to working with you and I am available to answer any questions you might have.

Sincerely,
Stephen Dalton,
Principal Architect, SDA, Inc.

CA License No. C-25166
6 May 2, 2022 Item 07
Keyser Marston Associates, Inc. Page 1
October 27, 2021
21117kal
99900.000.003

SCOPE OF SERVICES
ECONOMIC STUDY OF THE CITY’S 6TH CYCLE HOUSING ELEMENT

CITY OF DEL MAR

OBJECTIVE
The City of Del Mar (City) has requested that Keyser Marston Associates, Inc. (KMA) provide assistance related to an economic study of Housing Element programs and incentives.

As background, the City seeks to increase the potential for development of affordable housing within the community. Under the 6th Cycle Regional Housing Needs Assessment (RHNA), covering the period 2021 through 2029, the City was allocated 37 Very Low income units and 64 Low income units, for a total of 101 Lower income units. Further, the City adopted the 6th Cycle Housing Element Update (HEU) on March 25, 2021, obtained comments from the State Department of Housing and Community Development (HCD) in July 2021, and plans to consider re-adoption of its HEU in December 2021. The HEU plans for, and guides, the development of new housing opportunities within the City for the period 2021-2029. The HEU identifies potential locations and/or sites within the City for possible development of new housing opportunities in general, and Lower income housing units in particular. The HEU also includes a series of programs intended to facilitate and incentivize affordable housing development.

As KMA understands it, the City seeks an economic study of the viability of affordable housing development based on selected housing incentive programs in the 6th Cycle HEU. In response to the City’s objective, KMA has formulated the following work program. Our work scope will build on and expand our prior affordable housing work for the City, including: (1) the Del Mar “22-in-5” study (May 2018); and (2) the Nexus Study on Housing Mitigation Measures and Fees (September 2017). In addition, KMA has recently undertaken similar housing studies for the cities of Carlsbad, Encinitas, and Escondido. This recent North County affordable housing experience will enable us to undertake this assignment for the City in a more time- and cost-efficient manner.

SCOPE OF SERVICES

1. Economic Viability of Affordable Housing Development under Selected HEU Programs – KMA will undertake an assessment of the economic viability of affordable housing development based on the incentives offered in HEU Programs 2A, 1I/1J, and 1D. For each Program, we will gather supporting market and financial information required to prepare a feasibility assessment, prepare illustrative financial models, and determine its overall viability. Our specific approaches to evaluate these HEU Programs are outlined below.

Attachment B
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HEU Program 2A: Extend and Enhance the City’s Existing Accessory Dwelling Unit (ADU) Incentive Pilot Program
HEU Program 2A – Under HEU Program 2A, the City seeks to further enhance and expand participation in the ADU incentive program. Currently, the program grants a 500-square-foot (SF) floor area ratio (FAR) bonus in exchange for a 30-year affordable ADU or Junior ADU (JrADU). The program is set to expire in May 2022 unless extended by the City Council. The City’s target is 15 deed-restricted Low income ADUs by 2029. To date, the 500-SF floor area bonus has only yielded one Low income ADU. HEU Program 2A is intended to promote greater awareness of the ADU incentive program to property owners. The City also seeks to evaluate the ADU incentive program to explore additional incentives and/or program components that will further support the development of Low and Moderate income ADU’s and JrADU’s.

KMA will prepare illustrative financial models for up to four (4) scenarios testing the cost/benefit impact to a property owner that might consider development of a Low income ADU on lots, including: (a) 10,000 SF (i.e., R1-10); (b) 7,000 SF (i.e., R2); (c) 8,000 SF (i.e., RM-South); and (d) 5,000 SF (i.e., R1-SB or RM-West). Our scenarios will consider a variety of residential home vs. lot sizes as well as a range of incentives. Based on this evaluation, KMA will determine the overall viability of the ADU incentive program and potential enhanced incentives that are likely to increase development of deed-restricted Low income ADUs.

HEU Program 1I: Establish Streamlining and Incentives for Affordable Housing HEU Program 1J: Establish Program for Coordination with Affordable Housing Developers HEU Program 1D: Affordable Housing Overlay Zone
HEU Program 1I – Under HEU Program 1I, the City and its urban design consultant (Urban Designer) will evaluate the City’s current regulatory provisions for residential development in the Municipal Code and identify any potential constraints to the development of affordable housing.

The City/Urban Designer will specifically identify and evaluate constraints to affordable housing development and propose specific methods and strategies that address and remove identified constraints that may inhibit the production of affordable housing. Potential results from HEU Program 1I may include consolidated permit processing, entitlement exemptions, streamlined review processes, fee subsidies, payment deferrals, and/or other methods. The City has identified approximately 20 target properties as the main focus for incentives that will support development of additional affordable housing. HEU Program 1I also seeks to explore potential incentives for projects that provide a greater number of affordable housing units than the City’s Affordable Housing Mitigation Requirements.

HEU Program 1J – Under HEU Program 1J, the City proposes to regularly reach out to the San Diego Housing Federation (SDHF) and affordable housing developers. The intent is to engage 8 May 2, 2022 Item 07
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stakeholders with experience developing affordable housing in mutually beneficial way. This will enable the City to gain insight toward developing realistic strategies and incentives to create affordable housing. It will also establish a system of regular communication and public outreach to help connect interested developers with information on the latest incentives and resources available for affordable housing projects within the City.

HEU Program 1D – Under HEU Program 1D, the City seeks to evaluate the potential to create an Affordable Housing Overlay Zone (AHOZ) to encourage property owners of selected properties to pursue permit applications to accommodate dwelling units for Lower income households on their respective properties. The intent of the proposed AHOZ is to pair up properties with opportunity for affordable housing with targeted incentives to spur private development of affordable housing.

As part of the evaluation, the City intends to undertake the following (among other steps):
• Consider locations where there is a demand for affordable housing based on existing employment land uses
• Assess whether it is feasible to expect the private market to develop affordable housing on these sites based on existing market conditions
• Solicit interest from property owners and input from stakeholders • Identify existing barriers or limitations that should be considered (e.g., height, FAR, setbacks, lot coverage, and parking) as incentives or regulatory concessions to facilitate production of affordable units
KMA will conduct a series of financial pro forma models for multi-family housing development to test the economic viability of affordable housing developments using potential incentives developed under HEU Programs 1I, 1J, and 1D. We will review the constraints identified by City staff and the City’s Urban Designer and work with both parties to identify and evaluate potential incentives to offset these constraints. We will also conduct informal surveys with SDHF representatives and affordable housing developers to share information related to the City’s Housing Element implementation efforts, the preliminary findings of the constraints evaluation, and the potential incentives identified by the City/Urban Designer for further study. We will solicit feedback on the proposed incentives, as well as other issues and concerns raised by affordable housing developers regarding the feasibility of planning, entitling, financing, and developing affordable and mixed-income housing in the City.

The KMA financial pro forma models will test the economic viability of developing multi-family housing in general, and affordable housing in particular, using the proposed incentives and/or AHOZ. The City has identified approximately 20 opportunity sites in the Del Mar Plaza (Plaza 9 May 2, 2022 Item 07
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Specific Plan), L’Auberge Hotel (Hotel Specific Plan), other hotels in the VC zone, and existing multi-dwelling unit (MDU) development in the RM-South, RM-East, and R2 zones. KMA will review the constraints and potential AHOZ incentives identified by City staff and the City’s Urban Designer. In consultation with City staff and the Urban Designer, KMA will select up to six (6) properties for detailed feasibility testing from the approximately target 20 properties considered for incentives on lots including: (a) less than 0.25 acre; (b) 0.5 acre; (c) 1.0 acre; (d)

1.5 acre; and (e) mixed-use with hotel and multi-unit. For each of the six (6) scenarios, we will require conceptual drawings and building area tabulations from the Urban Designer for multifamily housing development prototypes that reflect the potential AHOZ incentives under consideration. Using this information, KMA will prepare financial pro forma models with variations in terms of affordability levels, as described below:

Affordability Level Tenure Parameters
100% Market-Rate Rental One (1) base case 100% market-rate pro forma model for each prototype/site
Mixed-Income Rental
For each prototype/site, KMA will test up to three (3)
alternative affordable housing set-asides and Area
Median Income (AMI) levels
100% Affordable Rental One (1) 100% affordable housing financial pro forma model for each prototype/site
The pro forma analysis for each prototype will include estimates of development costs, rental income and expenses, value upon completion, targeted developer return, and/or potential funding sources. The outcome of each pro forma analysis will illustrate the feasibility, in terms of residual land value, of each development prototype. Residual land values can then be measured against recent comparable land sales in the trade area to draw conclusions about financial feasibility and estimate any remaining financing gap. The financing gap represents the City subsidy that would be required for a given project to be feasible. We will summarize our findings across the distinct opportunity sites and conclude regarding the overall potential for the identified incentives and/or AHOZ to reduce development costs, enhance project feasibility, and increase production of affordable housing.

2. Approaches to Facilitate Affordable Housing Transactions – KMA will review potential approaches for the City to kickstart development of new affordable and/or mixed-income housing on target properties (approximately 20 properties identified for HEU Program 1I) and/or the potential AHOZ (HEU Program 1D). These may include a menu of approaches such as: (a) site acquisition, (b) Requests for Proposal to developers/property owners, (c) affordable housing fund NOFAs, (d) ground leases or sales of property, (e) developer outreach, (f) gap financing contributions, and/or other approaches. KMA will prepare a matrix overview that describes each approach, provides recent examples in other jurisdictions, and identifies key action steps. 10 May 2, 2022 Item 07
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3. Presentation of Draft Findings – We will present our draft technical analysis and findings to City staff for review and comment.

4. Report – Following the City’s feedback, KMA will prepare an executive summary format memorandum report (Report) that summarizes the KMA assumptions, analysis, and findings.

Our financial illustrations and financial pro forma models will be included as appendices to the Report. Our Report will be submitted in three (3) successive versions: Administrative Draft, Draft, and Final.

5. Response to Comments – The City may receive questions or comments from other City staff, City officials, and/or other parties related to the KMA Report. As needed, KMA will review these questions or comments, and prepare written responses or clarifications, as appropriate.

6. City Council Meeting – KMA will prepare for, and attend, one (1) City Council meeting.

Preparation will include presentation materials, handouts, and/or response to comments from public officials and/or stakeholders.

Budget
The KMA budget requirement for the Scope of Services is $55,000. We propose to undertake this work program on a time-and-materials basis in accordance with the billing rate schedule in our Consulting Services Agreement dated October 2, 2017 and amended on October 2, 2020.

Our budget includes:
• Participation in a maximum of five (5) virtual meetings or teleconferences with City staff and/or other parties.
• Attendance at one (1) City Council meeting.
• No other meetings/teleconferences with public officials and/or attendance at public meetings. • If requested, additional meetings, including preparation and follow-up time, would be charged in accordance with KMA hourly billing rates in our Agreement with the City. • One (1) Administrative Draft, one (1) Draft, and one (1) Final version of the KMA Report, in PDF format only.

Schedule
KMA anticipates completion of the Scope of Services (Tasks #1-#3) within 180 calendar days from Task Order authorization and receipt of all background information. 11 May 2, 2022 Item 07
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Limitations

1. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues);

2. KMA is not acting as a Municipal Advisor to the City or any other public agency and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product; and

3. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material. 12 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 2
Del Mar 6th Cycle Housing Element Update (2021-2029)

REGIONAL HOUSING NEEDS ASSESSMENT
The San Diego Association of Governments (SANDAG) has allocated the following RHNA to the City of Del Mar for the 2021-2029 Housing Cycle. This RHNA represents the City’s fair share of the housing needs for the San Diego region, including an equitable share of affordable housing. The ranges for each income category (as shown below) are based on percentages of the 2019 Area Median Income (AMI) for San Diego County, which is $86,300 for a hypothetical family of four. The City’s 2021-2029 allocated RHNA growth need plus estimated 5th Cycle carryover is as follows:
► 37 units - Very low income (0-30% and 0-50% County AMI) ► 76 units - Low income (51-80% of County AMI)
• 6
th Cycle Allocation: 64 Units
• 5
th Cycle Carryover: 12 Units (estimated carryover)
► 31 units - Moderate income (81-120% of County AMI)
► 31 units - Above moderate income (>120% of County AMI) ► 175 units - Total
The following Housing Goals Section identifies the general approach the City will use to accommodate its share of regional housing needs for the 2021-2029 Housing Element Planning Period. The list of housing goals is followed by a more detailed description of the policies that will be considered and applied through the City’s decision-making process when the housing programs are implemented in compliance with State law.

A. HOUSING GOALS
The City’s overall housing policy goal is to “Inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar.” To achieve this overall housing goal a number of specific housing goals have been identified.

Housing Goal #1: Facilitate a Variety of Housing Strategies to meet Housing Element Production Targets in a way that Complements the Existing Character of the Community.

Housing Goal #2: Prioritize Production of Accessory Dwelling Units (ADUs).

Housing Goal #3: Vigorously Pursue Housing Opportunities on 22nd District Agricultural Association Property (State Fairgrounds).

Housing Goal #4: Provide an Economically and Socially Diverse Balance of Housing Options that are Affordable for a Variety of Income Levels and Housing Needs.

Housing Goal #5: Improve and Preserve the Community’s Existing Housing Stock.

Housing Goal #6: Ensure a Sustainable Approach to New Housing Opportunities that Protects the Quality of Life and Future of Del Mar.

Housing Goal #7: Promote Housing Resources and Assistance Opportunities. 13 May 2, 2022 Item 07
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Del Mar 6th Cycle Housing Element Update (2021-2029)
The housing goals are further described below in the context of accompanying policies and programs that will be implemented to achieve them.

B. HOUSING POLICIES AND PROGRAMS
In adopting the updated Housing Element, the City worked diligently with the community, local decisionmakers, and the Citizens’ Task Force to meet the new requirements of State housing law while applying the core values as established in the City’s Community Plan to maintain quality of life and preserve and enhance the special character of Del Mar. In developing the Housing Policies and Programs found within this section, the City reviewed and implemented housing programs that address the significant changes in State housing laws and the City’s past performance of generating affordable housing over its prior Housing Elements. Concerted effort was put in by the City Council and the Citizens’ Task Force to aid in the development of a Housing Plan, including policies and programs that will incentivize and promote affordable housing in a method that enhances Del Mar’s community character.

Each Housing Element Program was selected based on its potential to meet the City’s seven stated housing goals and the City’s assigned RHNA. Programs were organized according to the most relevant housing goal each would address. Some housing programs will involve ongoing actions throughout the planning period, while others have specific deadlines that will require certain actions be completed early in the housing cycle in order to meet various State law requirements. The following Table lists all 41 Housing Programs in the 6
th Cycle Housing Element and the general timing for each:

Program (and time frame) Action
1 1A North Commercial
(by June 2022)
Finalize Coastal Commission certification of local
approvals gained during 5th Cycle to allow 20 du/ac
on select parcels (ordinance/LCPA)
2 1B Professional Commercial
(by June 2022)
Finalize Coastal Commission certification of local
approvals gained during 5th Cycle to allow 20 du/ac
(ordinance/LCPA)
3 1C Central Commercial
(by April 2024)
Amend the CC Zone to allow 20 du/ac
(plan amendment and ordinance/LCPA)
4 1D Economic Study and Affordable
Housing Overlay Zone
(Economic study by December 2022;
overlay by December 2025 if needed)
Conduct economic study and zoning assessment.

Evaluate whether to create overlay zone. Involves
coordination with stakeholders (hotels, Plaza, multidwelling in RM zones), and present findings to City Council. If City has not secured at least 30
affordable units by December 2025 must proceed
with overlay zone.
(economic study; potential ordinance/LCPA)
5 1E Rezone of Vacant Land on North
Bluff/South Stratford Properties
(This contingency program is required only if
Program 3A is not timely implemented
by December 2024)
If City is unable to timely reach agreement with
Fairgrounds, then must implement rezone to 20-25
du/ac by right via overlay zone to create capacity for
at least 54 lower income units.
(potential plan amendment, ordinance/LCPA)
6 1F Manufactured Housing
(by December 2023)
Update needed per State law
(ordinance/LCPA)
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7 1G Density Bonus
(by December 2023)
Update needed per State law
(ordinance/LCPA)
8 1H Public Facilities Zone
(28th Street Clean-up Rezone/LCPA by
December 2022; Zone Amendment by
December 2024)
Process clean-up Rezone/LCPA for 28th Street lot
by December 2022. Amend PF zone by December
2024 to allow residential as primary use to
accommodate affordable housing.
(ordinance/LCPAs)
9 1I Streamlining and Incentives for
Affordable Housing
(Economic study/zoning assessment by
December 2022; and Ordinance/LCPA by
December 2024)
Conduct economic study and zoning assessment.

Evaluate existing regulations and identify potential
changes to remove constraints as necessary to
facilitate affordable housing.
(Economic study/zoning assessment and
ordinance/LCPA)
10 1J Establish Program for Coordination
with Affordable Housing Developers
(by December 2022)
Establish new program for regular outreach with San
Diego Housing Federation and affordable housing
developers. Use for mutual benefit to gain insight
towards development of realistic strategies to
facilitate affordable housing, including strategies
that can work at the Fairgrounds. Coincide initial
outreach with economic study for Programs 1D, 1I,
2A, and 3A (program for outreach/meetings)
11 2A Extend and Enhance ADU Pilot
Program - Incentive Program
(Ordinance to extend program by May 2022;
Economic study/zoning assessment by
December 2022; Ordinance to add
incentives/modify program by December
2023)
Process an extension of the current incentive
program by May 2022. Prepare an economic study
and zoning assessment. Process ordinance to
incorporate additional incentives and/or program
modifications to increase participation in the
program. (Ordinance to extend ADU Incentive
Program, Economic study/zoning assessment,
Ordinance to add incentives/modify program)
12 2B ADU Amnesty Program
(by December 2023)
Establish ADU Amnesty Program to allow owners
with unpermitted ADUs to legalize the ADUs so that
the City can count them toward its inventory
(ordinance)
13 2C Promotion of Deed-Restricted Low
Income ADUs
(by December 2023)
Develop outreach materials to promote deed
restricted low income ADUs with goal to reach at
least 15 low income ADUs to meet RHNA
(web update/outreach)
14 2D Tracking of ADU Progress
(ongoing annual actions)
This is done as part of Annual Progress Reports
(spreadsheet tracking & reports to Council)
15 2E Mid Cycle ADU Production Evaluation
(by April 2025)
Process additional amendments if needed to spur
production of ADUs for low-income households
(spreadsheet tracking & potential ordinance)
16 2F Tiny Houses
(by December 2023)
Process ordinance to clarify tiny houses are allowed
per ADU regulations and identify additional
circumstances where tiny houses can be allowed.
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(ordinance/LCPA)
17 3A Agreement with State to Build
Affordable Housing Units on State
Fairgrounds property
(Economic study/Assessment by December
2022; MOU and binding agreement by
December 2024)
Conduct economic study of market conditions,
assessment of multi-unit product types, and identify
potential funding sources. Initiate process to secure
agreement with 22nd District Agricultural
Association (DAA) and affordable housing
developer. Identify how housing will count towards
RHNA. Binding agreement due by December 2024
or else contingency rezone (Program 1E) will be
required. (development agreement, MOU, RFP)
18 4A Residential Care Facilities
(by December 2023)
Process ordinance for compliance with State law
(ordinance/LCPA)
19 4B Emergency Shelters, Transitional
Housing and Supportive Housing, and
Low Barrier Navigation Centers
(by December 2023)
Process ordinance for compliance with State law.

Develop procedures to connect public with
resources. (ordinance/LCPA and policy/procedures)
20 4C Shared Housing Program
(ongoing)
Continue to offer shared housing program/free
roommate referral services via Del Mar Community
Connections (outreach)
21 4D Inclusionary Housing Ordinance
(by December 2024)
Process amendments for compliance with State law
(ordinance)
22 4E Condominium Conversions
(by December 2024)
Continue to implement existing processing
requirements of Subdivision Map Act and mitigation
requirements per DMMC 24.21.025
(publish procedure/amend ordinance with Program
4D)
23 5A Monitor the Renovation and
Improvement of existing Multi-Unit
Structures with Non-Conformities
(ongoing)
Continue to allow retention of non-conforming
structures with three or more units to renovate and
make improvements to these existing multiple
dwelling unit structures. Monitor the number of
projects that utilize this program and identify the
number of units conserved or rehabilitated where
applicable. (publish procedure)
24 5B Require Housing Impact Statement in
Reports
(by January 2022)
Establish policy and implement
(policy/procedure)
25 5C Preserve Existing Housing
Stock/Short Term Rental Controls
(Ordinance by December 2024)
Continue to establish policies and programs that
more effectively address regulations for short term
rentals as a means to preserve long term housing
stock (ordinance/LCPA)
26 6A SB 35 Streamlining – Notice of State
Law Exemption for Coastal Cities
(by January 2022)
Provide notice to the public that the City of Del Mar
is a coastal city that is exempt from SB 35 (post
notice on web page)
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27 6B Affirmatively Furthering Fair Housing
per AB 686
(ongoing annual reporting requirements)
Participate in regional efforts, partner with
organizations to review and refer discrimination
complaints, and implement various actions.
(outreach and funding)
28 6C Continue Data Collection and
Compliance with the Coastal Act and
Housing Element-Related Requirements
applicable to the Coastal Zone, including
State-Mandated Accommodation of
Housing Development Capacity
(ongoing annual reporting requirements)
Continue to collect data and maintain records
regarding affordability. Work with the Coastal
Commission and HCD to “harmonize” the Coastal
Act and State Housing laws and identify a strategy
to best accommodate future development capacity
as assigned to the City for the 6th Cycle.
(spreadsheet tracking and annual reports)
29 6D Solar Panel Installation Partnership
(by December 2024
Partner with Renewable Cities San Diego to install
solar on housing for lower income households
(resolution)
30 6E Environmental Justice Element
(by December 2022)
Process Community Plan Amendment to establish
policies to reduce community health risks and
address Affirmatively Furthering Fair Housing
Issues per Assembly Bill (AB) 686.
(General Plan Amendment)
31 6F Vote Threshold for Housing-Related
General Plan Amendment
(by December 2025)
Explore whether to modify local vote threshold for
super majority to apply State’s simple majority
(study and potential ordinance/public vote)
32 6G Objective Design Standards
(by June 2023)
Prepare and process objective design standards for
housing that is eligible for by-right processing
(ordinance)
33 7A Housing Funding Resources
Including Housing Assistance and
Housing Reserve Funds
(ongoing)
Continue to make funds accrued in the Housing
Assistance Reserve fund available for affordable
housing. Continue to support the existing tenants
participating in the local rental subsidy program until they leave the program. Transition City assistance
towards investment in the development of an
equivalent number of permanent affordable housing
units (four units for lower income households).
(annual report to City Council with budget)
34 7B Interfaith Partnership Opportunities
(ongoing)
Continue to encourage inter-faith shelter network
rotating shelter and St. Peter’s Helping Hands
(annual report to City Council with budget)
35 7C Resources for Persons with
Disabilities
(ongoing)
Publish a resource list of programs and
opportunities for persons with disabilities
(updated list to be published within 3-6 months of
ordinances processed per Programs 4A and 4B)
36 7D Housing Choice Voucher Program
(ongoing)
Contract with the County of San Diego for Housing
Choice Voucher Program
(resolution to process contract)
37 7E Fee Waiver Program Continue the fee waiver program 17 May 2, 2022 Item 07
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(ongoing) (resolution to extend fee waiver if needed)
38 7F Monitor and Respond to Complaints
of Constraints to Housing for Lower
Income Households and Persons with
Disabilities
(ongoing)
Monitor and respond to complaints of constraints to
housing for lower income households and persons
with disabilities such as impediments to
maintenance, improvement, or development of such
housing. Continue to work with local non-profits to
connect people with assistance and resources.
(annual report to City Council with budget)
39 7G Senior Housing Resources and
Assistance
(ongoing)
Continue to partner with Del Mar Community
Connections
(resolution to extend contract)
40 7H Student Housing Resources and
Assistance
(ongoing)
Connect students with affordable housing options in
Del Mar, including ADUs
(outreach/resource list)
41 7I Database of Community Assistance
Programs
(ongoing)
Maintain list of community assistance programs
(resource list)
More specific detail for each of the 41 Housing programs is provided within the following seven subsections, which are organized according to the corresponding housing goals that each respective Housing Program is intended to address. Each subsection identifies an overall housing goal, the policies that support that goal, and actions in the form of programs that the City will take to ultimately achieve those goals. For each individual Housing Element program, additional detail is provided to explain the purpose and intent of the program, timeframe, responsible agency, funding sources, and the projected RHNA accommodation as applicable.

The City of Del Mar is the responsible agency for implementation of the Housing Element. However, some housing programs will require approvals by various State agencies in addition to the necessary local legislative approvals. Programs that are intended to increase the capacity for future development of housing units or that will result in the direct development of housing units have a projected RHNA allocation goal expressed as a number of projected dwelling units. While these numbers outline the City’s anticipated method of achieving its housing goals, the City is only required to accommodate development of the required number of units to meet its assigned RHNA. Actual implementation and development of units throughout the planning period may differ from what is shown, as long as the City creates the environment for these units to be developed.

Housing Goal #1:

Facilitate a Variety of Housing Strategies to meet Housing Element Production Targets in a way that Complements the Existing Character of the Community.

Housing Policy 1.1: Identify adequate sites through the production of new housing and accessory dwelling units to accommodate Regional Housing Needs Assessment (RHNA) growth needs during the 6 th Cycle
2021-2029 planning period.

Housing Policy 1.2: Promote revitalization and rehabilitation of residential dwellings.

Housing Policy 1.3: Promote proactive, preventative maintenance of the existing housing stock. 18 May 2, 2022 Item 07
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Del Mar 6th Cycle Housing Element Update (2021-2029)
Housing Policy 1.4: Encourage neighborhood and local participation to enhance neighborhood preservation, maintenance, and improvement.

Housing Policy 1.5: Preserve existing character and quality of established residential neighborhoods.

IMPLEMENTING PROGRAMS:

Housing Program 1A: North Commercial Zone Amendments
The City Council adopted amendments to the North Commercial Zone on October 19, 2020, during the 5th Cycle, which amended the Del Mar Municipal Code and Local Coastal Program to create adequate sites for the 6th Cycle that will allow residential development as a permitted use at a density of up to 20 dwelling units per acre (du/ac) as part of residential or mixed-use development. The Ordinance is subject to certification by the Coastal Commission in order to take effect. Within 6 months of City Council adoption of the Housing Element, the City will obtain final certification by the Coastal Commission. The NC zone applies to 16 parcels located along Jimmy Durante Boulevard and San Dieguito Drive, north of the Village Commercial District/Central Commercial (CC) zone, and just south of the State Fairgrounds. This program will confirm State Coastal Commission approval of previously adopted adequate sites that allow 20 du/ac for affordable housing for lower income households on seven of the 16 parcels in the NC zone. The remaining nine parcels in the NC zone include two parcels (APNs 299-100-47 and 299-100-48) that were rezoned during the 5th Cycle to allow 20-25 du/ac per 5th Cycle Program 2G and Government Code Section 65583.2(h) and (i) as 5th Cycle adequate sites; and an additional seven parcels that are infeasible for housing development. The City identified APNs 299-071-07, 299-071-06, 299-100-27, 299-100-28, 299- 100-30, and 299-100-49 as adequate sites for the 6th Cycle that can accommodate 22 lower income RHNA units. An additional 10 lower income units are anticipated on APNs 299-100-47 and 299-100-48 pursuant to an active development permit application that will address additional 5th Cycle carryover units in the NC Zone.

Timeframe: Within 6 months of adoption of the 6th Cycle Housing Element (target June 2022) Responsible Agency: City of Del Mar, Planning and Community Development Department and California Coastal Commission
Funding Sources: Department Budget (prior funding provided from General Fund) Projected RHNA Accommodation: 22 lower income dwelling units Housing Program 1B: Professional Commercial Zone Amendments The City Council adopted amendments to the Professional Commercial Zone on September 18, 2020, during the 5th Cycle, which amended the Del Mar Municipal Code and Local Coastal Program to create adequate sites for the 6th Cycle that will allow residential development as a permitted use at a density of up to 20 dwelling units per acre (du/ac) as part of residential or mixed-use development. The Ordinance is subject to certification by the Coastal Commission in order to take effect. Within 6 months of City Council adoption of the Housing Element, the City will obtain final certification by the Coastal Commission. The PC zone is centrally located and applies to four properties in an existing developed commercial office area 19 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 9
Del Mar 6th Cycle Housing Element Update (2021-2029)
along Camino del Mar just south of the Village Commercial District/Central Commercial (CC) zone. This program will confirm State Coastal Commission approval of previously adopted adequate sites that allow 20 du/ac for affordable housing for lower income households. The City identified APNs 300-222-33 and 300-222-31 as adequate sites for the 6th Cycle that can accommodate 3 lower income RHNA units.

This zone currently does not allow residential as an allowed primary use. As amended, the residential portion of mixed-use projects would be required to comply with the City’s allowable uses in street frontage building spaces (horizontal zoning) requirements per DMMC Section 30.22.030 to maintain active commercial uses along the street front that maintain a pedestrian orientation and preserve the existing character of the downtown village. None of the CC Zone sites have been relied upon as adequate sites for the 6th Cycle.

Timeframe: Within 36 months of adoption of the 6th Cycle Housing Element (target December 2024) Responsible Agency: City of Del Mar, Planning and Community Development Department and California Coastal Commission
Funding Sources: General Plan/6
th Cycle Zoning Programs (FY23)
Housing Program 1D: Economic Study and Affordable Housing Overlay Zone The City will conduct an economic study and zoning assessment and evaluate whether to create an Affordable Housing Overlay Zone as a strategy to encourage property owners of selected properties to pursue permit applications to accommodate dwelling units for lower income households on their respective properties.

As part of the evaluation, the City will:
► Consider locations where there is a demand for affordable housing based on existing employment land uses (e.g., commercial zones, Del Mar Plaza Specific Plan, hotel properties, 20 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 10
Del Mar 6th Cycle Housing Element Update (2021-2029)
properties with 16 or more units in multiple-dwelling unit buildings, and properties on or adjacent to City facilities);
► Conduct an economic study and zoning assessment to assess whether it is feasible to expect the private market to develop affordable housing on these sites based on existing market conditions;
► Identify existing barriers or limitations that should be considered (i.e. height, floor area ratio (FAR), setbacks, lot coverage, parking) as incentives or regulatory concessions to facilitate production of affordable units;
► Solicit interest from property owners and input from stakeholders; ► Present the findings in a public meeting of the City Council; and ► If the City has not secured agreements for or produced at least 30 affordable units (units that are income restricted for lower income households) within 48 months of adoption of the Housing Element, the City will prepare amendments and proceed with the process to amend the Del Mar Municipal Code and Local Coastal Program. To implement the new overlay zone, a rezoning action will be processed to apply an Affordable Housing Overlay to certain properties as necessary to create adequate sites for development of units for lower income households.

Timeframe: Within 36 months of adoption of the 6th Cycle Housing Element (target economic study by December 2022; Overlay Zone by December 2025 if needed) Responsible Agency: City of Del Mar, Planning and Community Development and potentially California Coastal Commission if new Overlay Zone and Rezone actions are needed Funding Sources: General Fund/Economic Study of Affordable Housing Incentives (FY22 & 23); target FY24 & 25 if needed
Housing Program 1E: Rezone of Vacant North Bluff and/or South Stratford Properties (This contingency program is required only if Program 3A is not timely implemented) To provide additional options for the accommodation of future housing need, including lower income households, the City will consider a rezone of vacant sites (as identified in Housing Element Candidate Sites Inventory in Appendix B) if necessary, to accommodate RHNA needs. These sites have the capacity to accommodate at least 50% of the City’s lower income RHNA as described in Chapter 3 (Housing Resources). This fulfills the AB 1397 requirement for accommodation of the City’s lower income need on vacant parcels.

If efforts to reach an agreement with the 22nd District Agricultural Association are not finalized within 36 months of the adoption of the 6th Cycle Housing Element (Program 3A), the City must rezone the North Bluff and/or South Stratford sites to apply the Housing Element Implementation Overlay Zone to allow multiple dwelling unit development 20-25 dwelling units per acre “by right” per Government Code Section 65583.2(h) and (i). The rezone action will be required to apply to as many of the nine candidate sites on the North Bluff and/or South Stratford as necessary to demonstrate sufficient capacity to meet the City’s RHNA for lower income units. Implementation of this contingency program is anticipated to address the City’s RHNA and fair housing needs for extremely low-income households per AB 2634 in a manner that 21 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 11
Del Mar 6th Cycle Housing Element Update (2021-2029)
will integrate lower income units into the overall development and demonstrate connectedness to the greater City of Del Mar community.

Timeframe: Dependent on City Progress on Program 3A, the City will rezone within 36 months of adoption of the 6th Cycle Housing Element if needed for consistency with the State law requirement for creation and maintenance of adequate sites with sufficient density to meet the City’s RHNA.

Responsible Agency: City of Del Mar, 22nd District Agricultural Association, and California Coastal Commission
Funding Sources: General Fund (target FY23 & 24)
Projected RHNA Accommodation: 54 lower income dwelling units, including extremely low-income units Housing Program 1F: Manufactured Housing
State law (Government Code Section 65852.3) requires that the Del Mar Municipal Code allow manufactured housing on a foundation in the same manner and in the same zone that conventional structures are permitted. Specifically, manufactured homes should only be subject to the same development standards that a conventional single dwelling unit use would be subject to. The City of Del Mar complies with this law. However, to explicitly demonstrate compliance, the City will amend the Del Mar Municipal Code to define manufactured housing and mobile homes consistent with State law to make it clear that manufactured homes on a foundation are to be processed the same as the process applicable to a conventional single dwelling unit in the same zone.

Timeframe: Within 24 months of adoption of the 6th Cycle Housing Element (target December 2023) Responsible Agency: City of Del Mar, Planning and Community Development Department Funding Sources: General Fund/Housing State Law Alignment Package 1 (FY22 & 23) Housing Program 1G: Update Density Bonus Ordinance
Government Code Section 65915 requires that a jurisdiction adopt a local Density Bonus Ordinance consistent with State law. State law imposes density bonus requirements on local jurisdictions. The Density Bonus law allows an increase in the total number of units permitted on a lot, above the baseline number of units permitted per the applicable zone, in exchange for the provision of more affordable housing units (units that are income restricted for lower income households) in the “bonus project” than would otherwise be required. The City’s Municipal Code identifies the purpose of the Density Bonus Ordinance as a method to increase the production of housing for a wide range of residential needs in the community, including housing for extremely low, very-low, low- and moderate-income households and for seniors; as well as, accommodate a wide range of housing consistent with the goals, objectives, and policies expressed by the City in the Del Mar Community Plan.

Density Bonus law provides for eligible projects to request waivers, incentives and concessions as needed to make the project economically feasible. Waivers are modifications of volumetric requirements that can 22 May 2, 2022 Item 07

ATTACHMENT A
HOUSING PROGRAM 1L
Establish Streamlining and Incentives for Affordable Housing DECEMBER 2021 HOUSING ELEMENT Page 4-14
23 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 14
Del Mar 6th Cycle Housing Element Update (2021-2029)
Projected RHNA Accommodation: 4 lower income units (City Hall expansion lot – APN 300-093-17); and additional 3 lower income units (City-owned 28th Street lot - APN 299-030-12) Housing Program 1I: Establish Streamlining and Incentives for Affordable Housing This program will evaluate the City’s current applicable regulatory provisions for residential development in the City’s Municipal Code and identify any potential constraints to the development of affordable housing.

If any potential constraints are identified, the City will employ additional regulatory considerations to reduce or eliminate these potential constraints. The City will specifically identify and evaluate constraints to affordable housing development and propose specific methods and strategies that address and remove identified constraints that may inhibit the production of affordable housing in Del Mar. Results of implementing this program may include but are not limited to consolidated permit processing, entitlement exemptions, streamlined review processes, fee subsidies and/or payment deferrals, or other methods deemed appropriate to support the accommodation future affordable housing units. The program will also explore potential incentives for projects that provide a greater number of affordable housing units than the City’s inclusionary housing ordinance would otherwise require.

The City will begin the analysis by conducting an economic study and zoning assessment to consider the market and comparative cost-benefit impact to property owners and explore various incentives in support implementation. Consideration will be given to recommendations that were previously provided by property owners of various candidate sites. This includes recommendations from owners in the NC and PC Zones who submitted correspondence in 2019 requesting that the City modify the development standards in order to incentivize and facilitate construction of housing units. The types of incentives requested included a request for no Conditional Use Permits to be required, a request for reduced parking, a request to modify where height is measured from in the Floodplain Overlay Zone, and a request to evaluate an increase in FAR to allow for mixed use and residential development. Property owners in the PC and CC zones have also expressed that limits on the number of stories and the one-story height limit on the west side of Camino del Mar significantly limit the potential for affordable housing to be developed, which will be explored as part of this housing program. Further, because a small portion of the candidate housing sites are nonvacant and below one half an acre in size, the study will also explore methods to promote incentives for lot consolidation to facilitate use of small sites for affordable housing development.

Within 24 months of adoption of the Housing Element, an ordinance will be processed to make incentives available to facilitate affordable housing. Annual monitoring will occur to measure the City’s progress towards its RHNA goals for productions of lower income units. If the City has not secured agreements for or produced at least 30 affordable units (deed restricted for lower income households) within 48 months of adoption of the Housing Element, the City will take action to make additional incentives available to projects with affordable housing, including but not limited to processing of actions to implement a new Affordable Housing Overlay Zone to better connect opportunity sites with incentives per Program 1D.

Timeframe: Within 24 months of adoption of the 6th Cycle Housing Element (target economic study by December 2022; Ordinance by December 2023)
Responsible Agency: City of Del Mar, Planning and Community Development Department and California Coastal Commission
Funding Sources: General Fund/Economic Study of Affordable Housing Incentives (FY22 & 23) 24 May 2, 2022 Item 07

ATTACHMENT A
HOUSING GOAL 2
Prioritize Production of Accessory Dwelling Units (ADUs) PROGRAM 2A
Extend and Enhance the City’s Existing ADU Incentive Pilot Program DECEMBER 2021 HOUSING ELEMENT Page 4-16-4-17
25 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 16
Del Mar 6th Cycle Housing Element Update (2021-2029)
Housing Goal #2:

Prioritize Production of Accessory Dwelling Units (ADUs).

Housing Policy 2.1: Promote programs and policies that encourage and facilitate Accessory Dwelling Unit production.

Housing Policy 2.2: Promote Accessory Dwelling Units and Junior Accessory Dwelling Units as a readily achievable method for creating affordable housing opportunities in Del Mar.

Housing Policy 2.3: Encourage the rental of Accessory Dwelling Units to provide a source of income for current property owners and meet the City’s housing needs for this type of rental unit.

Housing Policy 2.4: Promote design and development standards for Accessory Dwelling Units that preserve and enhance neighborhood character while satisfying State law.

Housing Policy 2.5: Promote programs and policies that streamline and incentivize Accessory Dwelling Unit production.

Housing Policy 2.6: Create programs which facilitate and incentivize the development of Accessory Dwelling Units with associated affordability deed-restrictions.

Housing Policy 2.7: Create a program that allows property owners with existing unpermitted Accessory Dwelling Units to bring these units into compliance and add them to the Del Mar housing stock.

Housing Policy 2.8: Promote the development of “Tiny Houses”.

IMPLEMENTING PROGRAMS:

Housing Program 2A: Extend and Enhance the City’s Existing Accessory Dwelling Unit Incentive Pilot Program
The City will expand efforts to further enhance and expand participation in the program. Currently, the program grants a 500 square foot floor area ratio (FAR) bonus in exchange for a 30-year affordable Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (Jr ADU). The 500 square foot FAR bonus is subject to discretionary permit approval in order to be developed. The FAR bonus is intended for the primary structure and an ADU or Jr ADU is exempt from FAR including the 500 square foot bonus. The program is set to expire in May 2022 unless extended by the City Council. This program would specifically target the production of affordable units to accommodate RHNA growth need. The City will proactively outreach to property owners in Del Mar to provide greater awareness of program components by utilizing a variety of print and electronic media. This program will involve multiple actions, including processing of an extension to the existing incentive program by May 2022.

Additionally, the City will evaluate the ADU incentive program to explore additional incentives and/or program components that will further support the development ADU’s and Jr ADU’s in City. The City will undertake an economic study and zoning assessment to understand the market and comparative financial 26 May 2, 2022 Item 07
Final Housing Element - December 2021 Chapter 4 - 17
Del Mar 6th Cycle Housing Element Update (2021-2029)
cost-benefit impact in various contexts including single dwelling unit, multiple dwelling units, or mixed-use development. This information will be used to help the City explore various options for additional incentives that could be offered to encourage greater participation in the program as necessary to generate at least 15 deed-restricted low income ADUs by April 2029. The exploration and determination incentives will be done in conjunction with the economic study and zoning assessment for Program 1I and in consideration of other ADU policies and programs. Annual monitoring of progress will be conducted per Program 2D and a mid-cycle review will be conducted within 48 months of adoption of the Housing Element per Program 2E. The results of the progress review may trigger additional processing to make additional incentives available via the pilot program in order to reach the target of 15 low income ADUs.

Timeframe: Within 24 months of adoption of the 6th Cycle Housing Element (target extension of incentive program by May 2022; economic study by December 2022; Ordinance for additional incentives and/or program components by December 2023)
Responsible Agency: City of Del Mar, Planning and Community Development Department Funding Sources: General Fund/ADU Facilitation Measures (FY23) Projected RHNA Accommodation: 15 lower income units
Housing Program 2B: Establish an Accessory Dwelling Unit Amnesty Program The City will establish a program to allow owners with existing unpermitted ADUs to obtain permits to legalize the ADUs during the 2021-2029 planning period. The Amnesty Program will provide property owners the opportunity to formally legalize existing unpermitted ADUs of any size.

Timeframe: Within 24 months of adoption of the 6th Cycle Housing Element (target October 2023) Responsible Agency: City of Del Mar, Planning and Community Development Department Funding Sources: General Fund/ADU Facilitation Measures (FY23) Housing Program 2C: Promotion of Deed-Restricted Low Income Accessory Dwelling Units The City will continue to accommodate and promote the construction of deed-restricted affordable ADUs for low-income households by increasing the public awareness of the ADU and Jr ADU Incentive Program, ADU Amnesty Program, and new provisions in State law expanding opportunities for ADU development.

The City will develop outreach material for public dissemination, including updates to the City’s website, information at City Hall and via other appropriate print and digital media. The City will utilize the City web page and email distribution via the City’s Weekly Update news flash. On an ongoing basis, this program will continue to be developed to further promote ADUs with a goal to reach at least 15 ADUs that are deed restricted affordable for lower income households by the end of the 6th Cycle planning period.

Timeframe: Within 24 months of adoption of the 6th Cycle Housing Element (target December 2023) Responsible Agency: City of Del Mar, Planning and Community Development Department 27 May 2, 2022 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: Introduction of an Ordinance to Extend the Accessory Dwelling Unit (ADU) Pilot Program (Incentive Program)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) to extend the ADU Pilot Program, which is intended to incentivize creation of ADUs that are deed restricted affordable to low income households.

DISCUSSION/ANALYSIS:

ADUs and JrADUs are small dwelling units that provide for independent living on the same site as a larger primary dwelling unit. ADUs are often referred to as second units, companion units, or granny flats. As part of Del Mar’s strategy to meet the City’s housing obligations per State housing law, ADUs were identified as an opportunity to provide affordable housing units in Del Mar.

The City Council initially adopted the ADU Pilot Program on May 21, 2018, as a way to incentivize the production of ADUs and JrADUs that are deed restricted affordable for rent to lower income households. Under the pilot program, in exchange for the owner’s commitment to provide an ADU or JrADU rental for 30 years as a low income rental unit, which is memorialized via a recorded deed restriction, a 500 square foot floor area bonus would be awarded to the property owner as an incentive to participate.

The City is required by State law to approve applications for ADUs and JrADUs at the staff level through a ministerial process where the proposed design meets specified criteria. If the owner commits to meet the Pilot Program requirements, the property will be eligible for a floor area bonus incentive (subject to design review where provided for by State law) as described below. In accordance with State law, ADUs and JrADUs are exempt from local zoning limits on maximum floor area for a lot. The 500 square foot bonus floor area is an incentive that allows an owner to exceed the maximum zone limit on floor area for a proposed addition that is not inclusive of the ADU or JrADU (i.e. bedroom addition to the primary dwelling unit). 1 May 2, 2022 Item 08
City Council Agenda Report
Extension of ADU Pilot Program
May 2, 2022

Page 2 of 3 ends

Following are the parameters for the Pilot Program:
 Applications for the pilot program are administered by Planning Department staff.  In exchange for a deed restricted affordable ADU or JrADU rental for 30 years, a 500 square foot floor area bonus will be awarded.
 The unit must meet the criteria for standard ADUs or JrADUs as applicable.  The owner must rent the ADU or JrADU at an affordable rent for 30 years. "Affordable Rent" means the maximum allowable rent for the ADU, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one bedroom or three persons in a two-bedroom.
 The owner must provide annual reporting (i.e. time rented, rent collected, tenant income) so that staff may incorporate the information into required housing annual progress reports to the State to demonstrate compliance as an affordable unit.  The 500 square foot floor area bonus will be subject to a Design Review permit.  The 500 square foot floor area bonus will be applied to the applicable zone maximum, which allows all residential lots including those developed to maximum floor area or that are legal non-conforming to participate in the Pilot Program.  In case of breach of contract, the City shall have the authority to invoke the remedies and enforcement penalties as provided for by the Del Mar Municipal Code and other provisions of the law, including state and federal law.

The program was initially adopted as a two-year pilot program. On June 1, 2020, the City Council adopted an Ordinance to extend the Program for two years to June 1, 2022. Only one applicant has participated in the program to date, which produced the City’s first low income unit. That unit counted toward the City’s Regional Housing Needs Assessment (RHNA) allocation for the 5th Cycle. As part of a separate action, staff will be seeking City Council direction on how to manage lower income units once created (e.g., establishing a process to help owners identify tenants who qualify to rent the affordable units).

Consistent with the 6th Cycle Housing Element, the City will be exploring potential improvements to the ADU Pilot Program by considering additional incentives to encourage greater participation in the Program that will result in deed restricted low-income ADUs to reach a goal of 15 deed restricted low income ADUs by April 2029. To reach this RHNA target per the Housing Element, it is anticipated that additional incentives may need to be offered. As required by Housing Element Program 2A, the City will be utilizing consulting services to conduct economic/feasibility studies through November 2022 that will identify potential incentives for future City Council consideration. After reviewing the findings of the studies, if the City Council determines that additional incentives are necessary, an ordinance would be processed to expand the existing program and specify the new incentive options as applicable.
2 May 2, 2022 Item 08
City Council Agenda Report
Extension of ADU Pilot Program
May 2, 2022

Page 3 of 3 ends

In the meantime, to maintain the existing program and associated floor area bonus incentive, staff recommends that the City Council introduce the proposed Ordinance (Attachment A) to extend the ADU Pilot Program consistent with the City’s 6th Cycle Housing Element (Program 2A). The proposed Ordinance does not amend the City’s certified Local Coastal Program; therefore, City Council adoption would constitute final action because the Ordinance is not subject to Coastal Commission approval.

HOUSING IMPACT:

City Council adoption of the subject ordinance implements Program 2A within the 6 th Cycle
Housing Element that covers the planning period years 2021-2029. More specifically, the requested action would extend the incentive program that is intended to facilitate production of deed restricted affordable ADUs. The adopted housing strategy identifies a target of producing 15 deed restricted units for low income households during the 6th Cycle. In a subsequent action the City will need to consider adoption of additional incentives per Housing Element Program 2A. If the City falls short of the 15 unit target, it will need to rely on other strategies to meet its RHNA target for production of 101 lower income units.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the Council related to this agenda item.

ENVIRONMENTAL IMPACT:

As set forth in Public Resources Code Section 21080.17, adoption of an Ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2 (relating to ADUs and JrADUs) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h); and adoption of a pilot program with a floor area incentive bonus of 500 square feet maximum is exempt pursuant to CEQA Guidelines Sections 15301(e) (Additions to Existing Structures), 15302 (Replacement and Reconstruction), and 15303 (New Construction or Conversion of Small Structures).

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the 6th Cycle Housing Element is necessary to meet State law and is a City Council priority.

ATTACHMENTS:

Attachment A – Proposed Ordinance
Attachment B – ADU Pilot Program Contract
3 May 2, 2022 Item 08
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, EXTENDING A PILOT PROGRAM FOR

CREATION OF DEED RESTRICTED AFFORDABLE

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
WHEREAS, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) are small dwelling units that provide for independent living on the same site as a larger primary dwelling unit; and
WHEREAS, accommodating ADU and JrADU living options on the same premises as a primary dwelling unit, in proximity to services and employers, are desirable because it can result in multiple benefits to the community as a whole; and WHEREAS, the State of California adopted multiple new laws relating to Accessory Dwelling units (ADUs) and Junior Accessory Dwelling Units (JrADUs) that amended California Government Code section 65852.2 and 65852.22 and took effect on January 1, 2020; and
WHEREAS, State law requires that all local agencies provide a streamlined, ministerial review process for ADUs and JrADUs; and
WHEREAS, the Del Mar City Council adopted the existing Pilot Program on May 22, 2018, to encourage the creation of deed restricted affordable ADUs or JrADUs that the City can use to count towards the City’s regional housing obligation; and WHEREAS, the City Council adopted a two-year extension to the Pilot Program on June 1, 2020; and
WHEREAS, the proposed Ordinance is necessary to extend the existing Pilot Program that will expire on June 1, 2022, unless it is extended by the Del Mar City Council; and
WHEREAS, this ordinance is crafted to be consistent with California Government Code sections 65852.2 and 65852.22; and
WHEREAS, the Pilot Program relates to the City’s 6th Cycle Housing Element Program 2A which identifies deed restricted ADUs and JrADUs for low income households as a housing strategy to satisfy a portion of the City’s assigned Regional Housing Needs Assessment (RHNA) housing needs [Government Code sections 65583.1(a) and 65852.2(m)] to meet a target of 15 low income units; and WHEREAS, any property with an ADU or JrADU (existing or proposed) would be eligible for the City’s pilot program; and
WHEREAS, the exact income limits for the low income, very low income, and extremely low income units identified through the RHNA process are based on a 4 May 2, 2022 Item 08
Ordinance No. XXX

Page 2 of 5 ends

combination of federal and state law whereby the United States Department of Housing and Urban Development (HUD) annually sets median family income (MFI) numbers to reflect its Section 8 income limits and changes thereto, and California’s Department of Housing and Community Development then relies on the HUD MFI numbers to annually determine California’s area median income (AMI) limits; and WHEREAS, a lower income household is defined by State law as people or families whose gross income does not exceed 80 percent of AMI and includes low income, very low income, and extremely low income households; and WHEREAS, an “Eligible Household” shall mean a household that has been determined to be eligible to be a tenant of the ADU as a lower income household; and WHEREAS, "Affordable Rent" shall mean the maximum allowable rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom; and WHEREAS, a commitment by the property owner to create a deed restricted affordable ADU or JrADU for rent for 30 years at an “affordable rent” in accordance with the pilot program would make the property eligible for a floor area bonus of 500 square feet via this Ordinance; and
WHEREAS, the Pilot Program will be effective for two years from the program effective date, without limit on the number of participating units, and may be extended by action of the City Council.

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

SECTION ONE:

An applicant for the Pilot Program shall submit the City’s universal development application and the Accessory Dwelling Unit application forms.

SECTION TWO:

The applicant shall demonstrate that the unit meets the adopted criteria applicable to a standard ADU or JrADU.

SECTION THREE:

The property owner shall record a deed restriction to memorialize the owner’s commitment to: 1) rent the ADU or JrADU at an “affordable rent” for a minimum of 30 years to any “eligible household”, and 2) to ensure the ADU or JrADU is continuously available for rental as a low income affordable unit, that the ADU or JrADU is not rented at market rate during the 30 year deed restriction, and that the ADU or JrADU shall not be used for any other purpose than rental as a low income affordable unit. 5 May 2, 2022 Item 08
Ordinance No. XXX

Page 3 of 5 ends

SECTION FOUR:

State law requires that the City provide an annual report to California’s Department of Housing and Community Development by April 1 of each year to report on the status of the City’s progress in meeting its regional housing obligation and in the implementation of adopted Housing Element goals. The property owner shall agree to provide annual reports by February 1 that identify the status of the deed restricted ADU or JrADU. Annual reports from the owner shall identify the total time rented during the prior calendar year, the rent collected, and shall include a statement of qualifying tenant income to demonstrate compliance with the maximum 80% area median income requirement.

SECTION FIVE:

Lots that are developed to the maximum floor area of the applicable zone or that are legal non-conforming are eligible to participate in the Pilot Program.

SECTION SIX:

Property owners who meet the requirements of the Pilot Program and program commitment shall be granted a floor area bonus of 500 square feet. Any proposed improvements to utilize the 500 square feet shall be subject to design review and the associated permit type in accordance with Del Mar Municipal Code Chapter 23.08.

SECTION SEVEN:

The City shall have the authority to invoke the remedies and enforcement penalties for violation of this ordinance as set forth in Chapter 1.08, or any successor section thereof, of the Del Mar Municipal Code. Breach of any agreement entered into arising from this ordinance shall be considered a violation of this ordinance. Notwithstanding the foregoing, the City shall also have the right to sue a property owner, for breaching the contract required by this ordinance, in the applicable state or federal court, not only for damages, but for specific performance of the contract. Nothing set forth in this Section shall serve to limit any other remedies available to the City at law or in equity and the City shall have the right to pursue all available remedies.

SECTION EIGHT:

SECTION NINE:

This Ordinance was introduced by the City Council on May 2, 2022. 6 May 2, 2022 Item 08
Ordinance No. XXX

Page 4 of 5 ends

SECTION TEN:

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 ELEVEN:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION TWELVE:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at a regular meeting held on the 16th day of May, 2022. ______________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
7 May 2, 2022 Item 08
Ordinance No. XXX

Page 5 of 5 ends

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 16th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
8 May 2, 2022 Item 08
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Del Mar
City Clerk's Office
1050 Camino Del Mar
Del Mar, CA 92014-2698
No fee for recording pursuant to
Government Code Section 27383
______________________________________________________________________________

COVENANT AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN

AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER

THIS COVENANT AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER (the "Covenant Agreement") is made and entered into as of _____________________, 20_____ (the "Effective Date"), by and between the City of Del Mar, a municipal corporation (the "City"), and _________________________, or any successor in interest (collectively, the "Owner") with reference to the following:

RECITALS
A. Whereas, the Owner is the fee owner of certain real property in the City of Del Mar, California, which is more particularly described in Exhibit A (the "Property"). As of the Effective Date of the Covenant Agreement, two (2) housing units are located, or will be constructed, on the Property. One unit shall be referred to herein as the "Primary Unit" and the other unit shall be referred to herein as the "Accessory Dwelling Unit". Such units are designated on Exhibit B.

B. Whereas, the Owner voluntarily requested to participate in the City’s Pilot Program in accordance with City Council Ordinance No. 2018-xx, which requires that the City and the participating Owner enter into the Covenant Agreement governing rental of the Accessory Dwelling Unit as an affordable housing unit.

C. Whereas, City Council Ordinance No. 2018-xx requires that the Covenant Agreement be recorded with the San Diego County Recorder.

D. Whereas, this Covenant Agreement shall run with the land and be binding upon the parties, their heirs, assigns, and successors in interest.

E. Whereas, in conjunction with the Covenant Agreement, and commitment by the Owner to rent the Accessory Dwelling Unit at a maximum of thirty percent (30%) of gross income for a person earning no more than eighty percent (80%) of the area median income for a 9 May 2, 2022 Item 08
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minimum of 30 years, the Owner received approval of a 500 square foot floor area bonus Incentive from the City in exchange for the Owner’s commitment to participate in the Pilot Program pursuant to City Council Ordinance No. 2018-xx.

NOW THEREFORE, it is hereby agreed by and between the City and the Owner (each a "Party", and, collectively, the "Parties") as follows:

ARTICLE 1

DEFINITIONS
As used in this Covenant Agreement, the terms set forth below shall have the following meanings (other defined terms herein not referenced below shall have the meanings where first used).

1.1 "Affordable Rent" means the maximum allowable Rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a onebedroom or three persons in a two-bedroom.

1.2 "Eligible Household" means a household that has been determined to be eligible to be a Tenant of the Accessory Dwelling Unit as a Low Income Household.

1.3 "HCD" means the State of California Department of Housing and Community Development, or any successor

1.4 "HUD" means the U.S. Department of Housing and Urban Development, or any successor.

1.5 "Low Income Household" means a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as determined by HUD and published annually by the State of California. As of the Effective Date, such income limit is approximately equal to eighty percent (80%) of Median Household Income.

1.6 "Median Household Income" means median yearly income in San Diego County as determined by HUD and published by HCD.

1.7 "Rent" means the total monthly payment by the Tenant of the Accessory Dwelling Unit for all of the following: (1) use and occupancy of the Accessory Dwelling Unit and land and all facilities associated with the Accessory Dwelling Unit, including but not limited to parking, storage, and use of any common areas; (2) any separately charged fees or service charges assessed by the Owner to the Tenant, except security deposits; (3) an allowance for utilities paid by the Tenant as established by the San Diego County Housing Authority, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV; and (4) any other interest, taxes, fees or charges for use of the Property or associated facilities that are assessed by a public or private entity other than the Owner and paid by the Tenant. 10 May 2, 2022 Item 08
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1.8 "Tenant" means an Eligible Household entitled by written or oral agreement with the Owner to have the exclusive right to occupy the Accessory Dwelling Unit as a home or residence to the exclusion of all others.

ARTICLE 2

OWNER'S OBLIGATIONS

2.1 Rental of Accessory Dwelling Unit to Eligible Households. The Owner shall ensure that the Accessory Dwelling Unit is rented to, and occupied by, an Eligible Household in accordance with this Agreement. The Owner shall not use the Accessory Dwelling Unit for any other purpose other than as set forth in this Covenant Agreement. The Accessory Dwelling Unit shall remain continuously available for rent by an Eligible Household and shall not be used for any purpose other than rental as an affordable unit to an Eligible Household. (a) Income Certification. The Owner shall not enter into a lease or rental agreement, or receive Rent from a Tenant, for the Accessory Dwelling Unit unless the Owner has made a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of initial tenant income certifications and documents used to verify income obtained by Owner shall be provided to the City upon execution of any lease agreement with a Tenant.
(b) Maximum Allowable Rent. The maximum Rent charged to the Tenant of the Accessory Dwelling Unit shall not exceed Affordable Rent. (c) Increased Income of Tenants. If, upon recertification of a Tenant's income pursuant to Section 2.2, the Owner determines that the Tenant's household income has increased and exceeds the qualifying income for a Low Income Household, then such Tenant shall continue to be considered an "Eligible Household", and shall be permitted to continue to occupy the Accessory Dwelling Unit, at the rent set forth in subsection (c), above; provided, however, nothing in this Agreement shall prohibit the Owner from terminating such tenancy upon the expiration of such Tenant's lease. Following such Tenant's vacancy, the Owner shall lease the Accessory Dwelling Unit to an Eligible Household. (d) Information. At the request of the Owner, the City shall provide the Owner with the low and very low income limits applicable to San Diego County, adjusted for household size, as published from time to time by HCD.

2.2 Annual Certification. The Owner shall certify the Tenant's household income on an annual basis using the process set forth in Section 2.1(a) above. The Owner shall 11 May 2, 2022 Item 08
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provide the City with a certification, in the form attached as Exhibit C, as well as copies of supporting documents used to verify the certification, no later than June 30th of each year of the Term setting forth the following information with respect to the Tenant occupying the Accessory Dwelling Unit: unit address, Tenant name, size of Tenant's household, unit size, and date first occupied, and a copy of the annual income certification obtained by the Owner from the Tenant.

The purpose of the yearly Owner certification is to document Owner's compliance with the restrictions set forth herein.

2.3 Lease Provisions. The Owner shall use a form of Tenant lease (the "Tenant Lease") approved by the City for the Accessory Dwelling Unit. The City shall either approve or specify its basis for disapproval, if any, within thirty (30) days after the Owner submits such proposed form lease to City. The Tenant Lease shall, among other matters:
(a) Provide that the Rent may not be raised more often than once every twelve (12) months. The Owner will provide the Tenant with at least sixty (60) days written notice of any increase in Rent, and any Rent increase shall not violate the limitations imposed by this Agreement;
(b) Prohibit the Accessory Dwelling Unit (or any portion of the Accessory Dwelling Unit) from: (i) any sublease, except as permitted by Section 2.6 below; (ii) use as a "short-term vacation rental" for rent less than 30 days for tourist or transient use; and (iii) being listed on any "hosting platform" (as defined in California Business & Professions Code 22590, as may be amended from time to time), including, but not limited to any Internetbased "hosting platform", such as "airbnb.com", or any similar service; (c) Require the Tenant to provide an annual income certification to the Owner with supporting documentation as set forth in Section 2.1(a) above; (d) Include, at Owner's option, the obligation for Tenant to provide a security deposit not exceeding two months' rent; and
(e) Be for an initial term of one year.

2.4 Inspection. For purposes of confirming compliance with this Agreement, the Accessory Dwelling Unit shall be made available by Owner to be inspected by the City during regular business hours upon seventy-two (72) hours' written notice; provided, however, that any such inspection shall occur only once during any twelve (12) calendar month period unless: (i) the City receives a complaint that a Tenant is occupying the Accessory Dwelling Unit in violation of this Agreement (or that the Owner is otherwise violating this Agreement); or (ii) a new Tenant is occupying the Accessory Dwelling Unit, in which case City may re-inspect. The Owner hereby irrevocably grants the City (and its agents) a right of entry to enter the Property for the purposes of such inspection.

2.5 Records. The Owner shall maintain reasonably complete and accurate records pertaining to such rental of the Accessory Dwelling Unit throughout the duration of each tenancy. Owner shall permit any authorized representative of the City to inspect such records of any current Tenant upon reasonable notice, including those resident files pertaining to said 12 May 2, 2022 Item 08
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rental, for the purpose of confirming compliance with the terms, conditions and covenants of this Agreement.

2.6 Assignments and Subletting. The Owner shall at no time permit the Tenant to assign its leasehold interest in the Accessory Dwelling Unit or to sublet all or a portion of the Accessory Dwelling Unit to any person other than to another Eligible Household. Owner shall have the right to approve or disapprove any proposed assignment or sublease at Owner's sole discretion; provided that prior to approving any proposed assignment or sublease, Owner shall comply with the provisions of Section 2.1 above to confirm the eligibility of the proposed assignee or sub-lessee.

2.7 Agreement to Limitation on Rents.
(a) The Owner acknowledges that the Property, as a component of the agreement to participate in the Pilot Program, received a 500 square foot floor area bonus from the City as an Incentive, and the Incentive is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where an owner has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a property owner has so agreed by contract. The Owner hereby agrees to limit the Rents for the Accessory Dwelling Unit, as provided in this Agreement, in consideration of the Property's receipt of the Incentive and further agrees that any limitations on Rents imposed on the Accessory Dwelling Unit are in conformance with the Costa-Hawkins Act.
(b) The Owner further warrants and covenants that the terms of this Agreement are fully enforceable. The Owner agrees and acknowledges that the City would not have provided approval of the 500 square foot floor area bonus Incentive without the Owner’s commitment to record this Covenant Agreement against the Property and comply with the restrictions imposed by this Agreement.

2.1 Deeds. Owner acknowledges that this Covenant Agreement shall be recorded against the Property with the San Diego County Recorder and shall be a covenant running with the land for the term set forth herein as set forth in Section 5.6 below. Any deed transferring any fee interest in the Property shall include the following language; provided, however, the failure to include the following language shall not limit, waive, or impair the obligations set forth in this Covenant Agreement:

2.2 NOTICE: THE ACCESSORY DWELLING UNIT ON THIS PROPERTY IS

REQUIRED TO BE RENTED TO PERSONS MEETING CERTAIN ELIGIBILITY

REQUIREMENTS AT A BELOW-MARKET RATE RENT, PURSUANT TO THE CITY OF DEL MAR PILOT PROGRAM. FOR MORE INFORMATION, SEE THE AGREEMENT RECORDED AGAINST THIS PROPERTY ENTITLED “COVENANT

AGREEMENT PER THE CITY OF DEL MAR PILOT PROGRAM

GOVERNING RENTAL OF THE ACCESSORY DWELLING UNIT AS AN
AFFORDABLE HOUSING UNIT BY THE PARTICIPATING OWNER”. THE 13 May 2, 2022 Item 08
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RESTRICTIONS SET FORTH IN THE COVENANT AGREEMENT BIND ALL HEIRS, ASSIGNS, AND SUCCESSORS IN INTEREST TO THIS DEED.

ARTICLE 3
TERM

3.1 Term. This Agreement shall become effective as of the Effective Date and shall remain in full force and effect for a term of thirty (30) years following the recordation of this Agreement with the San Diego County Recorder unless the City elects, in the City's sole discretion, to terminate this Covenant Agreement by written instrument recorded with the San Diego County Recorder.

ARTICLE 4

DEFAULT

4.1 Violations by Owner. Failure of the Owner to cure any default in the Owner's obligations under the terms of this Covenant Agreement within thirty (30) days after the delivery of a written notice of default from the City (or such longer period of time up to an additional sixty (60) days as may be necessary to remedy such default, provided that the Owner has commenced action during the thirty (30) days necessary to remedy such default, and the Owner is proceeding with reasonable diligence to remedy such default) will constitute a default under this Agreement.

4.2 Remedies. Subject to the applicable notice and cure period set forth above, the City may exercise any and all remedies available to it at law or equity with respect to the Owner's failure to satisfy the terms of this Covenant Agreement. Owner acknowledges that any breach in Owner's performance of Owner's obligations under this Covenant Agreement shall cause irreparable harm to the City, and materially impair the public policy objectives set forth by the Del Mar City Council in the Del Mar Community Plan and Housing Element. Therefore, Owner agrees that the City is entitled to equitable relief in the form of specific performance, and that an award of damages may not be adequate to compensate the City for Owner's failure to perform according to the terms of this Covenant Agreement. Notwithstanding the foregoing, the City, in its sole and absolute discretion, may elect the appropriate remedy for Owner's default under this Covenant Agreement. The rights and remedies set forth in this Agreement are not exclusive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or in equity or by statute or otherwise.

ARTICLE 5

GENERAL PROVISIONS

5.1 Notices. All notices required pursuant to this Covenant Agreement shall be in writing and shall be deemed to have been duly given (a) upon personal delivery, including 14 May 2, 2022 Item 08
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delivery by courier, or (b) three (3) business days after the mailing by registered or certified mail, return receipt requested, to the Party to receive such notice at the addresses set forth below:

To the City:

City of Del Mar
Planning Department
1050 Camino Del Mar
Del Mar, CA 92014-2698
Attn: Planning Director
To the Owner:
___________________________
___________________________
___________________________
Any Party may change the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above.

5.2 Entire Agreement. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated into this Covenant Agreement by this reference. This Covenant Agreement contains the entire agreement between the Parties as to the subject matter hereof, and supersedes any and all prior arrangements and understandings between the Parties, and no other agreement, statement or promise made by either Party hereto which is not contained herein shall be binding or valid provided, however, that nothing in this Section limits the effect or enforceability of the City of Del Mar Municipal Code. This Covenant Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties have read and reviewed this Covenant Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time) shall not apply to the interpretation of this Covenant Agreement. In the event of any conflict between the terms of this Covenant Agreement, and the terms of the disclosure statement executed by the City and the Owner in conjunction with this Covenant Agreement, the terms of this Covenant Agreement shall prevail.

5.3 Amendment. This Covenant Agreement may be amended only by the written agreement of the Parties which shall be recorded with the County Recorder.

5.4 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is held to be invalid, void or unenforceable by any court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or 15 May 2, 2022 Item 08
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unenforceable pursuant to any California statute which became effective after the Effective Date, the remaining portions of this Agreement shall nevertheless remain in full force and effect.

5.5 Waiver. The waiver of or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provisions hereof.

5.6 Covenant Running with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, Owner and its heirs, executors, administrators, successors, transferees, and assignees (each a "Transferee") having or acquiring any right, title or interest in or to any part of the Property, whether by operation of law or in any manner whatsoever, and shall run with and burden the Property for the entire Term unless or until released in accordance with Article 3. All of the provisions of this Covenant Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including without limitation Section 1468 of the California Civil Code. Each covenant to do, or to refrain from doing, some act on the Property hereunder: (a) is for the benefit of the Property and is a burden on the Property, (b) runs with the Property, and (c) is binding upon each Party and each successive owner during its ownership of the Property or any portion thereof, and shall be a benefit to and a burden upon each Party and the Property hereunder and each other person or entity succeeding in an interest to the Property.

5.7 Assignment and Assumption; Release. Provided that a Transferee expressly assumes Owner's obligations hereunder pursuant to an assignment and assumption agreement in a form approved by the City in connection with the transfer of any part of the Property, the Owner shall be released from all obligations following the recordation of such assignment and assumption agreement in the Official Records.

5.8 Non-Discrimination. The Accessory Dwelling Unit shall be available for occupancy to members of the general public. The Owner shall not give preference to any particular class or group of persons in renting the Accessory Dwelling Unit or selling the Property, except to the extent that the Accessory Dwelling Unit is required to be rented to Eligible Households; provided, however, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), age, ancestry, disability, or any other basis prohibited by the Fair Housing Act or the Fair Employment and Housing Act in the leasing, transferring, use, occupancy, tenure, or enjoyment of the Accessory Dwelling Unit nor shall the Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants of the Accessory Dwelling Unit. The Owner has agreed to the obligations set forth in this Section in consideration for the Incentive.

5.9 Relationship of Parties. Nothing contained in this Covenant Agreement shall be deemed or construed by the Parties or any third party to create the relationship of principal and agent or of partnership or of joint venture or of association. The relationship of the Parties is that of an owner of real property and an administrator of a City pilot program to incentivize production of Accessory Dwelling Units that are deed restricted as affordable 16 May 2, 2022 Item 08
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housing; furthermore, the Parties agree and acknowledge that this Agreement is in furtherance of the inherent power of City to regulate the use of land within City's jurisdiction. Owner further acknowledges, understands and agrees that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Accessory Dwelling Unit (or any other portion of the Property). The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage as set forth in Section 5.10. Any review by the City of any documents submitted by the Owner to the City pursuant to this Agreement, including, but not limited to any Tenant Lease, is solely to confirm compliance with the requirements of this Agreement and shall not be deemed to be a representation of any kind of the validity or legal enforceability of such document(s).

5.10 Hold Harmless; Indemnity. Owner shall indemnify, defend (with counsel reasonably selected by the City), and hold harmless the City and its officers, officials, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury or death of any person or damage to property or other liability of any nature, or any claims by a Tenant, a former Tenant or prospective Tenant, arising out of Owner's performance of its obligations hereunder, except where the cause of such is the gross negligence or willful misconduct of the City. The indemnification obligations set forth in this Section shall survive any termination or expiration of this Agreement.

5.11 Applicable Law and Venue. This Covenant Agreement shall be governed by California law. Jurisdiction for any dispute arising from this Covenant Agreement shall be the Superior Court of California. Venue for any dispute arising out of this Covenant Agreement shall be San Diego County, or as set forth in the California Civil Code for agreements relating to real property.

5.12 Attorneys' Fees and Costs. In the event any action or proceeding in court or other dispute resolution mechanism permitted under this Covenant Agreement is commenced by either party to interpret or enforce the terms of this Agreement, the prevailing Party therein shall be entitled to recover from the non-prevailing Party all of the prevailing Party's reasonable costs and expenses in connection therewith, including on any appeal and including expert witness fees, document copying expenses, exhibit preparation costs, carrier expenses and postage and communication expenses, and reasonable attorneys' fees and costs for the services rendered to the prevailing Party in such action or proceeding (which shall include the reasonable costs for services of the City's in-house counsel).

5.13 Time is of the Essence. In all matters under this Covenant Agreement, the Parties agree that time is of the essence. References in this Agreement to days shall be to calendar days. If the last day of any period to give or reply to a notice, meet a deadline or undertake any other action occurs on a day that is not a day of the week on which the City of Del Mar is open to the public for carrying on substantially all business functions (a "Business Day"), 17 May 2, 2022 Item 08
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then the last day for giving or replying to such notice, meeting such deadline or undertaking any such other action shall be the next succeeding Business Day. In no event shall a Saturday or Sunday be considered a Business Day.

5.14 Interpretation. The use in this Covenant Agreement of the words "including", "such as" or words of similar import when used with reference to any general term, statement or matter shall not be construed to limit such statement, term or matter to the specific statements, terms or matters, unless language of limitation, such as "and limited to" or words of similar import are used with reference thereto. The headings of this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. All pronouns and variations thereof shall be deemed to refer to the masculine, feminine, or neuter, and to the singular or plural, as the identity of the party or parties may require.

5.15 Government Standards. In the event any standard established and maintained by any governmental agency which is necessary to give effect to this Covenant Agreement ceases to exist, and no comparable replacement is issued, the Parties shall create a replacement standard utilizing the formula and factors previously used to create the discontinued standard.

5.16 No Limitation on Municipal Powers. Nothing in this Covenant Agreement shall limit, waive, or otherwise impair the authority and discretion of: (a) the City's Building Department, in connection with the review and approval of any proposed construction plans for the Property (or any change to such plans), or any use, or proposed use, of the Property; or (b) any other office or department of the City acting in its capacity as a governmental regulatory authority with jurisdiction over the development, use, or operation of the Property.

5.17 Counterparts. This Covenant Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts, which shall constitute one and the same agreement.

Remainder of Page Left Intentionally Blank
18 May 2, 2022 Item 08
{Client Files/4630/1/K/S0458411.DOCX} 1010\17\2059295.1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.

PROPERTY OWNER: [Notarization of signature shall be attached or provided below] By: _____________________________________ Date:

Signature: _____________________________________
CITY OF DEL MAR: [Notarization not required]
By:_____________________________________ Date:_____________________ Signature: _____________________________________
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STATE OF CALIFORNIA

COUNTY OF SAN DIEGO
On ______________________ before me,
(here insert name and title of the officer), personally appeared _________________________ _______________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
________________________
Notary Signature
A notary public or other officer
completing this certificate verifies
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A

PROPERTY LEGAL DESCRIPTION
[To be Inserted]
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EXHIBIT B

DRAWING DEPICTING PRIMARY UNIT AND

ACCESSORY DWELLING UNIT ON PROPERTY
[To be Inserted]
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EXHIBIT C

FORM OF OWNER CERTIFICATION
To: City of Del Mar ("City")
From: _________________________ [name of owner(s)] ("Owner(s)") Address of Property: __________________________ ("Property") Date: _______________________
By signature below, I/we _____________________ [insert name or names of Owner(s)] hereby certify to the City, under penalty of perjury, that the second dwelling unit located on the Property (the "Accessory Dwelling Unit") is being utilized in accordance with the "Covenant Agreement per the City of Del Mar Pilot Program Governing Rental of the Accessory Dwelling Unit as an Affordable Housing Unit by the Participating Owner" (the "Covenant Agreement") recorded against the Property.

In accordance with Section 2.2 of the Covenant Agreement, I/we provide the following information regarding the Accessory Dwelling Unit:

1. Tenant name: __________________

2. Size of Tenant's household: _____________________

3. Accessory Dwelling Unit size (interior floor space in square feet):_________________

4. Date Accessory Dwelling Unit first occupied by Tenant:_________________________

5. A copy of the Tenant's annual income certification is attached.

This Owner Certification is signed on _________________, 20____, under penalty of perjury.

By: ______________________________
Owner signature
Date:
______________________________
Due Date: June 30 of each calendar year.
23 May 2, 2022 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Jennifer Gavin, Associate Planner
Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: A De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve Design Review Permit (DRB21-018), Land Conservation Permit (LC21-008), and Coastal Development Permit (CDP21- 012) to demolish a 2,091 square-foot, one-story residential structure and to allow construction of a new 2,000 square-foot, two-story residential unit with associated grading, landscape, and site improvements at 624 8th Street, in the R1-10 Zone
Project Applicant: Matthew and Chelsea Ziskin
Appellants: Nigel Hook and Janet Wilson
Project Location: 624 8th Street
(APN# 300-252-14-00)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council review the request for conformance with applicable standards of the Del Mar Municipal Code (DMMC) and take one of the three following actions: 1) Conditionally approve the project as proposed; 2) Deny the project as proposed; or 3) Provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing.

EXECUTIVE SUMMARY:

This is a de novo (new) hearing on applications DRB21-018, LC21-008, and CDP21- 012 as part of the City’s appeal process. A “de novo” hearing means a hearing by the reviewing body as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration shall be included in the record of the review. Pursuant to DMMC Section 1.12.050(A) the determination by the subordinate authority (in this the Design Review Board) is advisory only.

On April 4, the City Council conducted an Initial Consideration hearing pursuant to DMMC Section 1.12.040 following receipt of an appeal submitted on March 9, 2022, by 1 May 2, 2022 Item 09
City Council Agenda Report
DRB21-018, LC21-008, and CDP21-012 (De Novo Hearing)
May 2, 2022

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Nigel Hook and Janet Wilson (Appellant), and set the matter for a de novo public hearing. The appeal document has been included as Attachment A.

Council is now asked to make a determination on the project to either: 1) conditionally approve the project as proposed; 2) deny the project as proposed; or 3) provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing based on the requirements of Del Mar Municipal Code (DMMC) Sections DMMC 23.08 (Design Review), DMMC 23.33 (Land Conservation Permit), and the City’s Local Coastal Program. Should the Council decide to approve the project, a resolution will be drafted for the Mayor’s signature to include the conditions of approval included as Attachment B.

PREVIOUS HEARINGS
On December 15, 2021, the DRB considered the Applicant’s request to allow construction of a new residential unit with associated grading, landscape, and site improvements at the property at 624 8th Street. At the December meeting, the DRB reviewed the project, received Applicant and public testimony, considered submitted correspondence and other materials, and provided feedback and direction before continuing the item to a future hearing. The staff report for the December 15, 2021, hearing has been included as Attachment C, and the “red dot” correspondence has been included as Attachment D. The meeting video for the December 15, 2021, hearing can be found here: December 15, 2021 Meeting Video
A second DRB hearing was held on February 23, 2022, to consider the project’s revised design that addressed concerns raised at the December hearing. The DRB received public testimony and deliberated the project’s eligibility for approval pursuant to the City’s Design Review Ordinance (DRO, Del Mar Municipal Code (DMMC) 23.08, the City’s Land Conservation Permit Requirements (DMMC 23.33), and the City’s Local Coastal Program and made the required findings to approve the project, as revised, on a 5-2 vote. The staff report for the February 23, 2022, hearing with more information and analysis has been included as Attachment E. The “red dot” correspondence from the February 23, 2022, hearing has been included as Attachment F. The meeting video for the February 23, 2022, hearing can be found here: February 23, 2022 Meeting Video On April 4, 2022, the City Council conducted an Initial Consideration hearing and set the matter for a de novo public hearing.

ANALYSIS/DISCUSSION:

Site Information
The site is located in the R1-10 zone and is approximately 7,015 square feet in size, and slopes from east to west and south to north. The existing (building) pad of the lot is approximately 7-8 feet lower than the highest adjacent elevation of 8th Street which slopes downward from east to west and also slightly from south to north. The existing 2 May 2, 2022 Item 09
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building pad of the subject property is approximately 6-7 feet below the building pad of the property to the east (Appellant) and approximately 3-3.5 feet above the property to the west. Both vehicular and pedestrian access to the lot will be taken from 8th Street.

Project Description
The project includes a request to construct a new, two-story, single-dwelling unit with an attached two-car garage, second-story deck, and associated landscape and hardscape improvements. Additional site improvements would include new fencing, walls, inground spa, and air conditioners.

Summary of the applicant’s proposal:

Garage 405 sf
First Floor 899 sf
Second Floor 696 sf
Total FAR 2,000 sf
FAR exempt outdoor living areas include the following:

Upper Level Deck 568 sf (uncovered)
First Level Patio (north) 300 sf (covered)
First Level Patio (south) 35 sf (covered by 3’ eave above) Entry 25 sf (covered by 3’ eave above)
Total 928 sf (360 square feet covered)
The table below illustrates the project’s relationship with the development standards of the property’s R1-10 Zone. As proposed, the project conforms to all development standards of the DMMC and no variances or other deviations are proposed.

Standards of the R1-10 Zone
Required Proposed
Minimum Lot Size 10,000 sf 7,015 sf (existing nonconforming) Front Yard Setback 20 ft. 19 ft. 6in. (to gutter along
upper level deck)*
Rear Yard Setback 25 ft. 42 ft. 10 in. (to structure);
6 ft. 9 in.(to spa
equipment)**
Side Yard Setback (West) 7.5 ft. 11 ft. 10 in.

Side Yard Setback (East) 7.5 ft. 7.5 ft. to house wall
5’ 11” to eave*
FAR 25% or 2,000 sf (whichever
is greater)
2,000 sf
Max Lot Coverage 40% or 3,000 sf (whichever 28%
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is greater)
Height Limit 26 ft. 24 ft. 2 in.

Parking 3 spaces (2 in garage) 2 garage, 1 on-site
*Architectural projections are permitted to overhang into the setback up to 2 feet pursuant to DMMC 30.86.200 M. 2.
**Spas and related mechanical equipment are permitted to be located in the rear yard setback pursuant to DMMC 30.86.200 M. 4.

Accessory Features
The following accessory features are proposed:
• An inground spa (49 sf). The equipment is located on the north side of the spa with a maximum of 45 dB (specification on Sheet C1 of the plans). • A built-in barbeque and counter at the second level deck • New air conditioning unit on the west side of the house with a maximum of 58 dB (specification on Sheet C1 of the plans)
• Beige brick walls and stucco retaining walls (materials board included as Attachment G)
• New wood fence along west property line (6’ height maximum; measured from the west side of the fence facing the lower neighboring property) • New chain link fence along east property line (6’ height maximum; to be consistent with the existing chain link fence)
Exterior Lighting
The proposed exterior lighting would be downward directed, shielded bulbs, 2,700 Kelvins. Proposed lighting specifications have been included on Sheet A7 of the plans.

Landscape/Hardscape:

The majority of the existing vegetation on-site is proposed to be replaced with all new landscaping except for a Ngaio tree at the southwest corner of the property, a lime tree in the west side yard, and a lemon tree in the rear yard (all to be replanted after site grading as needed) and Eugenia trees to remain in place along the north and east property lines;
Proposed (new) trees and shrubs include the following:
• Two Desert Museum Palo Verde trees (mature height of 20-30’ maximum) • Twenty-six California Buckwheat (mature height of 6.6’ maximum) • Three Del Mar Manzanita trees (mature height of 8’ maximum) • Four Hoaryleaf Ceanothus (mature height of 14’ maximum) 4 May 2, 2022 Item 09
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• Three Lemonade Berry (mature height of 30’ maximum); and • Two Italian Buckthorn trees (mature height of 8’ maximum) • Fourteen new Eugenia trees (mature height of 25’ maximum) In addition to the trees and shrubs listed above a variety of ground covers and low vegetation are proposed as shown on Sheet L2 of the plan set. The landscaped portion of the lot would be 3,515 square feet in area (50.1%).

Materials:

Proposed materials include a stucco exterior (grey), horizontal siding (grey), aluminum windows and doors (black), brick walls (beige), and copper trim. A materials board has been included as Attachment G of this report.

Correspondence:

As of the writing of this report, the Planning Department has received one (new) letter in support of the project from Kelly Welch included as Attachment H.

Project’s Consistency with the Design Review Ordinance (DRB21-018):

As the reviewing body, the City Council is asked to make a determination as to whether the submitted application complies with the standards of review contained in DMMC Chapter 23.08 (DRO). Pursuant to DMMC 23.08.070, “an application shall be approved unless the project is found to violate one or more of the regulatory conclusions of the DRO.” Staff recommends the City Council evaluate the project’s consistency with the applicable standards of the DRO and related design guidelines, with particular attention to the following Sections:

Neighborhood Compatibility
Applicable Regulatory Conclusions:
• DMMC Section 23.08.077 (C) - The design is out of scale with other structures in the neighborhood
• DMMC Section 23.08.077 D. 2. - The design is not harmonious with or is functionally incompatible with the surrounding neighborhood in respect to structural siting
Related Design Guidelines:
• Design Guideline C.1 B. - Neighborhood Compatibility
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• Design Guideline D.1 - Building Form and Massing
Staff Analysis:

The proposed redevelopment of the site would include the construction of a new two-story residence with attached garage and second story deck. Staff has analyzed the proposed project relative to the Regulatory Conclusions of the Design Review Ordinance (DRO), relevant Single-Family Design Guidelines, and the DRO Compliance letter from the applicant (Attachment I).

Based on this analysis, it appears that the proposed home would be designed to include the following features:
• The proposed residence would be sited upon a raised building pad approximately 1- 2’ 8” feet above existing grade;
• An entry feature (raised 7.6’) that creates a half level between the first and second floors;
• A 568 square-foot, second-story deck located over the west side of the house, where FAR limitations would otherwise preclude enclosed development; • The majority of vertical structural massing at the second story has been located closer towards the front of the property than other two-story structures in the neighborhood; and
• An overall structural siting closer to the front property line than the average of lots in the vicinity.

These features cumulatively result in a new two-story structure which is potentially in conflict with DRO 23.08.077 C, in that the new house could have the appearance of being out of scale with other houses in the immediate neighborhood. Surrounding development within 300’ of the subject property, on 8th Street, is primarily one-story on the north side and, where two-stories occur on either the north or south side, the second story is setback significantly on the lot.

Staff has reviewed the historical documents related to properties on 8th Street, within 300’, and found the following (this analysis is intended to show the proposed project in relation to existing remaining residences in the 8th Street neighborhood):
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Address Stories Front Yard
Setback
(Approximate)
Setback to
Second Story
(Approximate)
Building Height
(Approximate)
417 8th Street Two Not Known Not Known Not Known
425 8th Street Two 20’ (to one-story
garage)
41’ 6” 23’ 1”
428 8th Street One 29’ 15’ 6”
431 8th Street Two 20’ (to one-story
garage)
51’ 3” 24’
434 8th Street One 32’ 15’
442 8th Street Two 45’ 63’ 6” 22’
450 8th Street One Not Known Not Known
612 8th Street One 27’ 10’ 8”
635 Hoska
Drive
(Accessory
Structure off
8 th Street)*
Two 13’ 2” 13’ 2” 24’8”
Average Mix 26.6’ 19.1’
Project As
Proposed at
624 8th Street
Two 19’ 6” to second
story deck
21’ 2” to house
wall
19’ 6” to deck
25’ 11” to living
space
24’ 2”
*The property at 635 Hoska is a unique through lot with a front yard setback on both Hoska Drive and 8th Street with a main residence (one-story with a second story design element) with a Hoska Drive address and a two-story accessory structure off of 8th Street. The accessory structure on this property fronting 8th Street is a non-conforming (setback; 13’ 2” where 20’ is required), 1,914 square-feet in size, two story accessory structure including a garage with living space above. It should be noted, however, that this existing accessory structure is not easily visible from the street due to mature dense vegetation along the corner of 8th Street where it turns to meet Hoska Drive.

According to this analysis, the proposed house at 624 8th Street would be approximately

5.4’- 7.1’ closer to the front property line than the average front yard setback along 8th Street and approximately 5’ taller than the residences in the neighborhood.

Design Guideline C.1 B. recommends that in cases where setbacks along a street front are varied in the neighborhood, new homes should relate to those of adjacent homes.

Using this recommendation, the approximate front yard setback of the home to the west is 27’ and the required setback to the property at 635 Hoska Drive is 20’; the average between the two is 23.5’.
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Design Guideline D.1 recommends avoiding massing that does not relate to the existing character of the neighborhood. Therefore, staff recommends that the Council review the overall form and height of the proposed dwelling to determine whether, as designed, there is a conflict with the standard and whether modifications are necessary to effect development that is more compatible with neighboring structures. For the houses with a second story that are in the 8th Street neighborhood, the second story is setback further than the first story from the front property line; approximately 18-30 feet (with exception to the accessory structure at 635 Hoska Drive). Staff recommends the Council consider, whether the siting of the second story living areas be setback at a greater distance than is currently proposed to be more consistent with neighborhood development.

Design Review Board Recommendation: The DRB generally found that the project is consistent with neighborhood development (generally agreed to be 8th Street) in that there is a mixture of one and two story houses on 8th Street. In terms of structural siting and height the DRB generally found that the following factors mitigate for a two-story structure on this site and is consistent with neighborhood development in that there is a large distance of right-of-way which visually sets the house back from the street, that the grade difference between the building site and the street decreases the apparent height of the house, and that this is a relatively smaller house size (2,000 sf) on a small substandard lot with a shorter lot depth compared to others with a second story in the neighborhood.

Grading
Applicable Regulatory Conclusion: DMMC Section 23.08.076 A. Preservation of Natural Topography by Minimizing Tree and Soil Removal
Related Design Guidelines:
• C.6 Retaining Walls and Fencing Design Guidelines
o Avoid retaining walls over 4 feet in height
o Avoid massive land alterations that require large retaining walls • C.4 Natural Topography Design Guidelines
Staff Analysis:

It is staff’s observation that, as designed, the project could be in conflict with DRO Section 23.08.076 A. “The natural state topography or landscaping is not being preserved insofar as practical, by minimizing tree and soil removal,” in that the proposed height of fill, grading, and retaining walls at the front of the garage ranges from 1-7.7 feet (7.7 feet at the entryway). Most vegetation on-site and in the immediate right of way will be removed (some trees at the front will be replanted) as a result of the site grading. 8 May 2, 2022 Item 09
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When considering this and whether a violation of the DRO is present on this project, staff suggests that the Council consider the submitted justification from the Applicant’s Engineer (Attachment J) that the existing site is significantly lower than the street (approximately 7.7 feet at the highest point of the street) and so the fill grading is primarily related to improving on-site drainage so that water can more naturally flow to the street without having to use pumps which are unreliable during power outages.

Design Review Board Recommendation: The Design Review Board generally supported that the proposed grading was appropriate given that it would help to improve drainage onsite.

Neighbor Claims of Scenic View Blockage
Applicable Regulatory Conclusion- DMMC Section 23.08.077 H. The proposed development unreasonably encroaches upon primary scenic views of neighboring property
The neighbor to the east (635 Hoska Drive) has raised concerns regarding Scenic View blockage both from their Living Room and from an outdoor area of their property. Scenic View protections pursuant to the DRO are only from a Primary Living Area within a residence and does not include any outdoor areas (deck, yard, etc.). The concern of view blockage from the Living Room of 635 Hoska appears to be primarily related to the existing vegetation (Eugenia Trees) along the eastern property line of 624 8th Street. A separate Trees, Scenic Views, and Sunlight Application (TVS21-001) was considered and denied by the Planning Commission at their October 12, 2021 hearing; which was upheld by the City Council at their December 13, 2021 hearing. Due to the existing condition of the vegetation at 624 8th Street there currently does not appear to be a Scenic View present from the claimed Primary Living Area of 635 Hoska Drive for which the project could have an impact on.

The property at 641 Hoska Drive has also expressed concerns of view impact, however, views from this property are from an outdoor area and not a Primary Living Area so therefore not eligible for consideration against DRO 23.08.077 H.

Design Review Board Recommendation: The Design Review Board agreed that there were no Scenic View Impacts as a part of this project.

Privacy
Applicable Regulatory Conclusion: DMMC Section 23.08.072 D. The design will create an unreasonable invasion of the privacy of neighboring properties. 9 May 2, 2022 Item 09
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Concerns have been raised regarding privacy as it relates to windows facing the neighbor to the east, which has been addressed with obscured glass. Concerns were also raised related to privacy as it related to the second-story deck for which the Applicant has decreased the size of the deck by 111 square-feet (now 568 sf total in size) and proposes a planter box buffer along the south and west perimeters of the deck. The neighbor to the west, who would be most directly impacted by the deck design has not raised any concerns and so it appears that concerns related to privacy have been addressed.

Design Review Board Recommendation: The DRB generally found that the project, in its current design, addressed concerns related to privacy.

Potential Impacts to Neighboring Properties Outdoor Areas Applicable Regulatory Conclusion: DMMC Section 23.08.072 J. The proposed development locates structures so as to unreasonably, adversely impact upon outdoor areas on adjacent properties
Concerns have been raised regarding the project’s impact on the neighboring property’s outdoor space to the east based on the appearance of the story poles when standing in the yard of 635 Hoska and a previous lack of articulation of the east wall. The current design (from the original) proposes to reduce the height of the front portion of the entryway (which is the closest structure to the east) by 5’; and incorporates varying materials on the east wall, including horizontal siding on the top portion and stucco on the bottom potion of the wall. The landscape plan has also been revised to incorporate the installation of 15 Eugenia trees adjacent to the east wall.

Although design changes have been made since the originally proposed design of the house, the massing of the second-story has not changed in terms of size or siting. It is Staff’s continued position that additional design changes should be considered in order to reduce and re-concentrate more massing at the second-story, so that it would be setback further on the structure and-less concentrated towards the east.

Design Review Board’s Recommendation: The a majority of the DRB members stated that the Applicant had modified the design so as to not be an unreasonable impact to the neighboring outdoor area to the east in that the entry feature (which is closest to the east) was reduced in height, greater articulation has been provided, and that the proposed landscape will additionally provide screening.

Property Values
Applicable Regulatory Conclusions: DMMC 23.08.72 E. The design will cause the surrounding neighborhood to depreciate materially in appearance or value. 10 May 2, 2022 Item 09
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This concern has been raised by neighbors, however, analysis providing backup to substantiate this concern has not been submitted for Council’s consideration.

Project’s Consistency with Requirements for a Land Conservation Permit (LC21-008):

Pursuant to DMMC Chapter 23.33, proposed grading exceeding 25 cubic yards (cut or fill) outside of the footprint of any structure and/or grading that results in a permanent property elevation change exceeding 18 inches, shall require approve of a Land Conservation Permit (LC). The grading plan proposes 7 CY of cut (1’ maximum) and 500 CY of fill (7.7’ Maximum cut).

DMMC Section 23.33.040 stipulates that a request for a LC Permit shall be approved unless the Design Review Board finds that the request conflicts with one or more of the following seven findings:

1. The proposed excavation or grading project is not in conformance with the Del Mar Municipal Code requirements.

2. The proposed excavation or grading project will force the topography to be subservient to the development of the site

3. The proposed excavation or grading project will endanger steep slopes through undue increases in weight or retained water thereby creating conditions which encourage slippage.

4. The excavation or grading project will alter the natural formations unnecessarily.

5. The excavation or grading project does not provide for the restoration of the natural state of the site, to the degree feasible.

6. The excavation or grading project does not minimize the loss of major vegetation, to the degree feasible.

7. The excavation or grading project will create major interruptions of the natural drainage patterns.

The existing site slopes from an elevation of approximately 247 feet at the southeast corner down to 243 feet on the northwest portion of the lot (approximately a 4 foot difference). The project proposes raising the building pad from 243.3 to 245.9 feet except for at the entryway where the grade is proposed to be raised to 251.44 feet (fill of approximately 7.64 feet). According to the cut/fill exhibit the entirety of the lot is to be graded in some way and, because of this, all vegetation is also likely to be replaced or 11 May 2, 2022 Item 09
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replanted. Therefore, the Council should consider if the grading proposed is consistent with LC findings 2, 4, 5, and 6.

When considering this issue and whether a violation of the Land Conservation Ordinance is present on this project, staff suggests that the Council consider the submitted justification from the Applicant’s Engineer (Attachment J) that the existing site is significantly lower than the street (approximately 7.7 feet at the highest point of the street) and so the fill grading is primarily related to improving on-site drainage so that water can more naturally flow up to the street without having to use pumps which are unreliable during power outages.

Design Review Board Recommendation: The Design Review Board generally supported that the proposed grading is appropriate given that it is to correct on-site drainage.

Project’s Consistency with the City’s Local Coastal Program (CDP 21-012):

The project includes a new single-family residence within the Coastal Zone. Therefore, the project requires the receipt of a Coastal Development Permit (CDP). The applicant has submitted the necessary materials to evaluate the project’s conformance with the City’s certified Local Coastal Program (LCP) and the CDP application has been grouped together with the required DRB permit for review by the Board. The standards of review for the CDP application are the regulatory standards found in the LCP’s Implementing Ordinances, the entirety of which have been distributed to Board members under separate cover.

Staff has reviewed the application for consistency with the applicable provisions of the LCP, specifically the resource protection, avoidance of hazards and public access standards.

The project, as conditioned, has been found by staff to meet all of the applicable regulations of the City’s Local Coastal Program. Staff is, therefore, recommending conditional approval of the CDP. Staff is also recommending that the required findings can be made by the Council to the effect that:

1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

2. That the proposal meets the criteria of the applicable chapters of this Title.

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program.

4. That the development proposal is not located seaward of the first public roadway, and is therefore not required to provide public access contained in 12 May 2, 2022 Item 09
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this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

5. That the project does not involve the construction or placement of a shoreline protection device.

6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

7. That the project is not proposed on sites with identified wetland resources.

The property at 624 8th Street is not within the Coastal Commission Appeals Area and the CDP is therefore not appealable to the Coastal Commission.

CONCLUSION
Based on the analysis above, staff has continued concerns related to neighborhood scale and compatibility and potential impacts to the outdoor areas on the adjacent property to the east. Additional design changes may need to be considered in order to reduce and re-concentrate more massing at the second-story, so that it would be setback further on the structure (consistent with neighborhood development where two story structures are present) and-less concentrated towards the east in order to reduce impacts to the outdoor areas of the neighbor to the east. Should the Council find that further design modifications are required in order to find compliance with the requirements of Del Mar Municipal Code (DMMC) Sections DMMC 23.08 (Design Review), DMMC 23.33 (Land Conservation Permit), and the City’s Local Coastal Program, the Council should provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing.

Should the Council agree with the recommendation of the Design Review Board and find the project consistent with the applicable sections of the DMMC, a resolution will be drafted for the Mayor’s signature to include the conditions of approval included as Attachment B.

Should the Council find that the project is inconsistent with the applicable sections of the DMMC and does not wish to continue the project to allow the Applicant to return with a revised design, a resolution will be drafted for the Mayor’s signature accordingly.

HOUSING IMPACT:

This project would replace an existing single-unit dwelling with a new single-unit dwelling in the “Low Density Residential (R1-10) Zone. Therefore, approval of the requested 13 May 2, 2022 Item 09
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discretionary development applications would have no impact on the City of Del Mar’s housing supply or housing affordability.

FISCAL IMPACT:

There is no fiscal impact to the City as this is a private development proposal. All fees associated with the project have been paid by the property owners and appellant.

ENVIRONMENTAL IMPACT:

The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 Class 3 (e) - New Construction and has further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).

ATTACHMENTS:

Attachment A - Appeal Request Document
Attachment B - Suggested Conditions of Approval
Attachment C - December 15, 2021 DRB Staff Report
Attachment D - December 15, 2021 DRB “Red Dot” Correspondence Attachment E - February 23, 2022 DRB Staff Report
Attachment F - February 23, 2022 DRB “Red Dot” Correspondence Attachment G - Materials Board
Attachment H - Correspondence
Attachment I - DRO Compliance Letter
Attachment J- Engineer’s Justification for Grading On-Site 14 May 2, 2022 Item 09

TELEPHONE
760.943.0100

FACSIMILE
760.943.0942

THE LAW OFFICE OF
RICHARD R. RICE

ATTORNEY AT LAW
1084 NORTH EL CAMINO REAL, SUITE B121
ENCINITAS, CALIFORNIA 92024-1334
EMAIL
[email protected]

WEBSITE
www.rrrlaw.net
March 9, 2022
City of Del Mar
City Administrative Services Department
1105 Camino Del Mar
Del Mar CA 92014
Re: DRB21-018
LC21-008
CDP21-012
624 8th Street (Ziskin)
To Whom It May Concern:

I represent Janet Wilson and Nigel Hook (“Appellants”), residents at 635 Hoska Drive, Del Mar CA 92014, Telephone: 619.733.1428. Pursuant to Del Mar Municipal Code (“DMMC”) §§ 1.12 et seq., 2.38.050 and 30.75.090, my clients hereby appeal the decision of the Design Review Board (“DRB”) on February 23, 2022 to approve Design Review Permit 21-018, Land Conservation Permit 21-008, and Coastal Development Permit 21-012 (collectively, the “Permits”). Appellants’ interest in the appealed decision is as persons who were present and spoke at the public hearing on February 23, and who expressed an interest in the decision in writing to the DRB before the close of the public hearing.

The Permits initially came before the DRB for consideration at a hearing held on December 15, 2021.

I. INTRODUCTION.

As explained in greater detail below, and pursuant to DMMC § 1.12.020.B., the grounds for appeal include (1) factual error in the statements or evidence relied on by the DRB in approving the Permits, (2) new information has become available since the Permits were approved that was not available through reasonable efforts or due diligence at the time of the approval, (3) the DRB’s stated findings to approve the Permits are not supported by the information provided to the DRB, and (4) the decision of the DRB to approve the Permits is in conflict with the City’s Design Review Ordinance (“DRO”).

Appellants recognize that people want to live in Del Mar. They fully support the DRO, which is the foundation upholding Del Mar’s character and charm. Appellants support new development and believe the neighborhood is ready for homes to be refreshed. They appreciate the modern look and general style of the proposed house, but believe it can be equally effective as a one-story home.

Attachment A 15 May 2, 2022 Item 09
City of Del Mar
City Administrative Services Department
March 9, 2022
Error! AutoText entry not defined.

The Permits at issue are for the demolition of an existing 2,019 square foot, single-story home to construct new 2,000 square foot, two-story home at 624 8th Street, Del Mar CA 92014 (the “Project”), which is owned by Matthew and Chelsea Ziskin (the “Ziskins”).

Both Appellants’ and Ziskin’s properties are in an R1-10 neighborhood with limits on bulk floor area of 25% FAR or 2,000 square feet whichever is greater (DMMC 30.72.050) and Development Standards for lot dimensions. The minimum lot size is 10,000 square feet with a minimum lot width of 75 feet (DMMC 30.12.070 B) . The Project is on a small lot of 7,015 square feet with width of 68 feet. Both dimensions are sub-standard. The existing lot coverage is 2,019 square feet and, if the Permits are allowed to be issued, a new 2,000-square foot home would still cover roughly 1,677 square feet of ground area (16 percent reduction) not including the second story.

II. THE DECISION TO APPROVE THE PERMITS IS BASED ON FACTUAL ERROR AND ARE NOT SUPPORTED BY THE INFORMATION PROVIDED TO THE DRB.

The Del Mar Municipal Code does not define “neighborhood” except for the “within 300 feet” found in Chapter 30 – General Provisions under Section 30.01.070 Noticed Public Hearings, which provides that notice shall be “[m]ailed to all owners as shown on the County Tax Assessors rolls of real property within 300 feet of . . .the exterior boundaries of the property which is the subject of the hearing.

The 300’ radius for 624 8th St. resulted in approximately 25 home mailings which defines the immediate geographical area of the neighborhood. Staff’s report analyzed 10 buildings (of 25 mailings) and all were on 8th St. The Hoska Dr. homes within 300’ were not considered as neighborhood. The relevant neighborhood consists of more than 10 houses all of which are on 8th St.

Staff’s December 15 report also used the proposed front yard setback and building height instead of the home’s current front yard setback. Ms. Wilson discussed this error with Jennifer Gavin and Matt Bator prior to the February 23 DRB hearing. While they agreed the information should be corrected, there wasn’t time to make the adjustments prior to the hearing. During the hearing February 23 DRB hearing, Staff presented adjusted neighborhood averages which included 3 additional homes, however, failed to include the existing single story home in the averages.

Appellants’ home is directly adjacent to the Project, the only closer home being 612 8th St. However, Appellants’ main house was not included in the analysis, whereas the two-story garage is included.

On 8th Street, there is 75-feet between the Project and Appellants’ garage. This is where Appellants’ driveway and entrance to their front door is located. The front of Appellants’ home is on 8th St. Appellants’ beautiful home, which would be brutally impacted by the Project, Attachment A 16 May 2, 2022 Item 09
City of Del Mar
City Administrative Services Department
March 9, 2022
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should be included because it is part of this neighborhood. When the 635 Hoska Dr. main house is included, the impact changes. See Figure 1.

Figure 1
 64% are 1-story homes
 Setback – average is 32.09 making the proposed house is over 10' closer than the average setback (Staff report calculated 25.9’)
 2nd Story Setback – average is 43.26’ putting the proposed 2nd story 21' closer than the average (Staff report did not calculate/display this very important number. If they had, using their numbers it would have been around 42’)
 Height – the average height is 18.26 making the proposed height is 5' 6" taller than the average (staff report has 19.9).

Factual Error - Omitting the existing property (624 8th St.) and the adjacent home (635 Hoska Dr.) resulted in significate misinformation.

Attachment A 17 May 2, 2022 Item 09
City of Del Mar
City Administrative Services Department
March 9, 2022
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Where a “neighborhood” begins and ends is subjective. Boundaries are often defined by underlying conditions:
 an immediate geographical area (within 300 feet)
 city limits (San Diego)
 a style of architecture
 a geographic or topographic features (a cliff, a park)  major roads are logical boundaries (a traffic light at 9th St.)  a city block
 ethnicity
 land use change from residential to commercial or high density  traffic patterns – entrance roads used by residents and visitors When traveling south on Camino Del Mar, the traffic light at 9th St. is a major intersection and turn left to uphill 9th St. ends at Highland Ave. and Hoska Dr. That intersection with Hoska Dr. could be considered a neighborhood boundary. Taking Hoska Dr. around to the 8 th St. Extension is a major thoroughfare into our neighborhood down 8th St.

Every home within the 300-feet of the Project should be reviewed to decide if they are in the “neighborhood”. There are 14 additional homes to be considered, 12 of which should be included (445 9th St., 901 Highland Ave., and on Hoska Dr. 601, 605, 610, 611, 623, 624, 636, 641, 642, and 660), but 2 are uphill of the 8th St. Extension (667A & 667 Hoska Dr.) and might not qualify as “neighborhood”.

Outside of the 300-foot radius, homes between the 8th St. Extension and Nob Ave (402, 405, 406, 410, 411, and 420) should probably be included as well because this route is a consistent traffic pattern. See 2.

Adding these 18 homes to the previous 11 homes on 8th St. is 29 homes and their composition and features help define the neighborhood’s characteristics. See Figures 3 and 4.

Factual Error – The neighborhood contains more than 10 homes.

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City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 2
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City Administrative Services Department
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Figure 3
When all 29 of these homes are considered, the averages change. See Figure 9.  74% are one-story homes
 Setback – the proposed house is 12’ 6” closer than the average setback (note additional 18 are worst case)
 2
nd Story Setback – proposed 2nd story 17’ 9” closer than the average  Height – proposed height is 4’ 2” taller than the average (note additional 18 are worst case)
And, all of the buildings at the setbacks are single story homes or a single-story garage which transitions into a 2-story behind it.

Attachment A 20 May 2, 2022 Item 09
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City Administrative Services Department
March 9, 2022
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Figure 4
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City Administrative Services Department
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III. THE DECISION TO APPROVE THE PERMITS IS IN CONFLICT WITH THE DRO.

DMMC 23.08.072 E – The design will cause the surrounding neighborhood to depreciate materially in appearance or value.

Reasonable people cannot dispute that a new two-story home being built directly adjacent to Appellants’ home will negatively impact their property value. See, Figures 5 and 6. The question is by how much? Since the last DRB meeting, Appellants have commissioned a forensic appraisal with Otis E. Hacket & Associates. A forensic appraisal is an appraisal done to the standards and needs of a pending court case. The forensic appraisal will document the value of Appellants’ property “as is” and also establish the impact of the proposed two-story home next door.

IV. NEW INFORMATION
The forensic appraisal is pending and will be provided as soon as it is completed.

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City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 5
Figure 6
(This image is not an exaggeration. The story poles are seen and pink flags circled in red.) Attachment A 23 May 2, 2022 Item 09
City of Del Mar
City Administrative Services Department
March 9, 2022
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For all of the foregoing reasons, the decision of the DRB to approve the Permits should be reversed. The DRB based its decision on factual error, new information exists which requires the denial of the Permits, the DRB’s stated findings are not supported by the record, and the decision of the DRB is in conflict with the DRO.

Very truly yours,
/s/ Richard R. Rice
Richard R. Rice
cc: Clients
Attachment A 24 May 2, 2022 Item 09
11/2020
OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS

EXPERIENCE
Otis E. Hackett & Associates, 1990 - Present. Owner of the firm providing appraisal, consultation, litigation support, and expert witness services to the entire real estate community. Mr. Hackett is directly involved in all assignments as the principal appraiser/analyst or consultant. Appraisal and consultation services include real property appraisals, land use issues, research, supply and demand studies, highest and best use studies, appraisal review, consultation on specific real property issues, expert witness services, and litigation support services.

Specific Property Types (existing and proposed):

Vacant Land: Residential lots; multi-family lots; subdivision land; acreage; commercial; industrial; and agricultural
Agricultural: Row-crop farmland; greenhouse facilities; orchards Residential: Single-family residences; condominiums; cooperatives; own-yourowns; duplexes; triplexes; four-units; subdivisions (including singlefamily residential and condominium projects); and condo conversions Multi-Residential: Apartments (five-units or more, up to projects containing over 100 units), conversion projects
Commercial: Single-tenant/occupant retail buildings; strip shopping centers; neighborhood shopping centers; community shopping centers; power centers; NNN properties; office buildings; big box retail; supermarkets; bank and savings and loan branch offices; service stations; fast-food restaurants; sit-down restaurants; automobile dealerships Industrial: Single-tenant/occupant buildings; multi-tenant buildings; R&D facilities; manufacturing plants; self-storage facilities Hospitality: Motels; resorts
Special Purpose: Churches; fraternal buildings; theatres; recording studios; parking structures
Easements:

Public Utility; Street/Road; Ingress/Egress; Slope; Parking; Construction; Right-of-Way; Subsurface; Conservation; Signage (billboards)
Interests Appraised:

Fee Simple; Leased Fee; Leasehold; Life Estate; Subleasehold; Easements Eminent Domain:

Whole takes; partial takes; construction easements; acquisition appraisals; condemnation consultation; and expert witness testimony
Attachment A 25 May 2, 2022 Item 09
OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS

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Diminution In Value Appraisals:

Toxic contamination; construction defects; encroachments; title issues; view, light and air issues; boundary line disputes; omitted easements on policies of title insurance Woodland Hills Appraisal Group, 1994-Present. Member of business entity which offers real property and economic data to a cooperative consisting of real estate appraisers and consultants. The group provides office space, computers, on-line data services, public records, access to various multiple listing services, subscription services, library, and historical sale records dating to 1984 for Los Angeles County, Orange County, and Ventura County.

Lea Associates, Inc., 1983 - 1990. Vice President. Provided real estate consultation and analytical services for the public and private sectors. Administrative responsibilities included business development, supervision and training of associates, development of appraisal educational courses and teaching of such courses, and ongoing review of regulatory changes in the real estate appraisal industry.

California First Bank, 1977 - 1983. Senior Appraisal Officer and Assistant Office Manager. Engaged in valuation of real property including commercial, industrial, residential (subdivisions, SFR's, condominiums, co-ops, and apartments), agricultural land, vacant land, and special purpose properties.

Management duties included review of appraisal reports and supervision of junior members on appraisal staff.

Marina Federal Savings and Loan Association,_1976 - 1977. Real Estate Appraiser responsible for appraisal of SFR's, condominium units, and two- to four-unit residential income properties located primarily in the South Bay area of Los Angeles County.

GEOGRAPHIC AREA
Mr. Hackett has conducted appraisal and/or reviewed appraisal reports for real property located in the following states: Arizona, California, Florida, Minnesota, Montana, New Mexico, Oregon, Texas, and Utah.

California Counties: Contra Costa, Kern, Los Angeles, Merced, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, Santa Barbara, Santa Clara, Shasta, Sonoma, and Ventura.

EDUCATION
Continuous participation in numerous seminars relating to real estate appraisal theory and real estate practice.

Successful completion of the following CCIM Institute courses:
• CI 101 – Financial Analysis for Commercial Investment Real Estate • CI 102 – Market Analysis for Commercial Investment Real Estate • CI 103 – User Decision Analysis for Commercial Investment Real Estate • CI 104 – Investment Analysis Commercial Investment Real Estate • Core Concepts Review course
• Comprehensive Examination
Attachment A 26 May 2, 2022 Item 09
OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS

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3 Successful completion of the following Appraisal Institute and former American Institute of Real Estate Appraisers' courses and/or examinations:
• Standards of Professional Practice, Part C
• Standards of Professional Practice, Parts A and B
• Comprehensive Examination
• Capitalization Theory and Techniques, Part A
• Capitalization Theory and Techniques, Part B
• Capitalization Theory and Techniques, Part I
• Real Estate Appraisal Principles, Part 1A-1
• Basic Valuation Procedures, Part 1A-2
• Litigation Valuation, Course IV
• Rural Properties, Course III
• Investment Analysis Course VI
• Urban Properties, Course II
Successful completion of the following former Society of Real Estate Appraisers' courses:
• Income Property Valuation, Course 202
• Residential Case Study, R2 Exam
• Principles of Income Property Appraising, Course 201
• An Introduction of Appraising Real Property, Course 101 Successful completion of the following International Right of Way Association courses:
• Course 403 – Easement Valuation
• Course 802 – Legal Aspects of Easement
Successful completion of the following Lorman Education Services seminars:
• Law of Easements: Legal Issues and Practical Considerations • The Development Approval Process
Successful completion of the following CEB seminars:
• Easement and Boundary Disputes
• Title Insurance: Preliminary Reports, Title Policies, and Claims Successful completion of the following courses and/or seminars relating to easement valuation:
• Easement and Boundary Dispute (CEB seminar)
• Law of Easements: Legal Issues and Practical Considerations (Lorman Education Services)
• A Professional’s Guide to Conservation Easements (AI seminar) • Valuation of Conservation Easements (AI course)
• Easement Valuation (AI Seminar)
• Easement Valuation (IRWA course)
• Legal Aspects of Easements (IRWA course)
West Los Angeles College, California Real Estate Certificate, June 1976.

University of California, Los Angeles, Bachelor of Arts Degree in Mathematics, June 1974.

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OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS

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4 EXPERT TESTIMONY
Mr. Hackett has qualified as an expert witness in real estate matters and has testified before:
• ADR Services, Inc.
• American Arbitration Association
• JAMS
• Los Angeles County Superior Court
• Los Angeles County Municipal Court
• Orange County Superior Court
• Santa Monica Rent Control Board
• Ventura County Superior Court
• U.S. District Court, Central District of California

STATE CERTIFICATION - APPRAISAL
Mr. Hackett is a California State Certified General Real Estate Appraiser, No. AG005393.

ASSOCIATIONS
Counselor of Real Estate, The Counselors of Real Estate - CRE designation Fellow, Royal Institution of Chartered Surveyors – FRICS designation Senior Member, American Society of Appraisers - ASA designation, Real Property - Urban, currently Certified
Member, Appraisal Institute - MAI and SRPA designations, currently Certified Certified Commercial Investment Member – CCIM Institute/CCIM designation Certified General Real Estate Appraiser, State of California, License No. AG 005393 Real Estate Broker, State of California, License No. 00522243 Beverly Hills/Greater Los Angeles Association of Realtors Southland Regional Association of Realtors
California Association of Realtors
National Association of Realtors
American Real Estate Society - Fellow, 1999 to 2014
Various multiple listing services including The MLS (Combined L.A./Westside Multiple Listing Service); San Fernando Valley Association of Realtors Multiple Listing Service (a division of Southland Regional Association of Realtors); and Greater Antelope Valley Association of Realtors Multiple Listing Service.

By virtue of belonging to several local multiple listing services, Mr. Hackett has access to regional MLS services throughout most of California.

PROFESSIONAL COMMITTEES/OFFICES
Former American Institute of Real Estate Appraisers: Chapter No. 5 Admissions Committee, 1986 to 1989 (Vice Chairman 1988); Southwest Region Review and Counseling Committee, 1987 to 1991; Board of Examiners - Experience, MAI Subcommittee, National Admissions Committee, 1989 to 1991; Chapter No. 5 Assistant Secretary, 1990.

Appraisal Institute: Regional Ethics and Counseling Panel, 1991 to 2000; Board of Directors, Southern Attachment A 28 May 2, 2022 Item 09
OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS

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5 California Chapter, 1991; Experience Review Committee, 1991 to 1995; Representation of Region VII Committee, 1994 to 1995.

Counselors of Real Estate: National Committees - High Profile Subcommittee, 2001; Public Relations Committee, 2000; Membership Development Committee, 2001 to 2010 (Vice-Chairman 2008; Chairman 2009); Alternative Dispute Resolution Committee, 2003 to 2012. Membership Officer, Southern California Chapter, 2003-2004; Treasurer, San Diego Chapter, 2011 to 2014; Board of Directors, 2009 to 2016; 2011 Liaison Vice Chair.

ARBITRATION SERVICES
Certified as Arbitrator, FINRA, Financial Industry Regulatory Authority - 1999 to present. Mr. Hackett serves as an arbitrator on cases submitted to FINRA relating to the securities industry. He has served on over 15 cases either acting as the sole arbitrator or on a three-member panel.

Served as third party arbitrator/neutral on a number of assignments regarding real property appraisals.

Attachment A 29 May 2, 2022 Item 09

GENERAL CONDITIONS
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.

G-2 [Utility Undergrounding Threshold]
If the total cost of new construction exceeds $7,500 (as determined by the Building Department), all new utility service connections shall be placed underground consistent with the provisions of DMMC Section 30.86.210.

G-3 [Development Authorization Limited to Plan Set]
This permit is granted based on submitted plans dated February 2, 2022 and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.

G-4 [Encroachment Permit for Work in Right-of-Way]
Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this Permit, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit.

Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that DRB of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.

G-5 [Requirement for Building Permits]
Prior to commencement of work, the applicant or agent shall obtain all required Building Permits.

G-6 [Construction and Demolition Waste Recycling Requirement] Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11. This includes, but is not limited to, the submittal of a Construction Waste Management Plan and a minimum diversion of 65% of nonhazardous construction and demolition waste. Signage shall be posted on-site with information identifying materials to be diverted.

G-8 [Height and Setback Certifications Prior to Framing Sign Off] Prior to sign-off on the framing inspection for the project, the applicant shall provide a statement from a Licensed Surveyor certifying that the building height and setbacks are in conformance with the approved plans for the project. The survey required herein shall be prepared using City of Del Attachment B 30 May 2, 2022 Item 09
Mar approved vertical benchmarks for building height certification and reported to 0.01 of a foot.

The setback certification shall be based on surveyed property corners as necessary to establish property lines and reported to 0.01 of a foot.

G-9 [Fence/wall Height Limitations]
All fencing, walls, and gates shall conform with all applicable fence height and pool security fencing requirements of the DMMC.

G-10 [Story Pole Removal]
Story poles shall be removed from the property within ten days following the final date of the City’s action on the project application.

G-11 [Plan for Construction-Phase Impacts]
Prior to issuance of Building Permits or commencement of project implementation (whichever comes first), the Applicant shall provide a plan to the Planning Department for construction-phase parking and equipment/materials storage for the project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking space which will remain available throughout the duration of the project;
d. Location of any temporary sanitary facilities;
e. A note stating that “If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained”;
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);

1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the project.

The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Community Services/Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit. The requirements mentioned above may be modified by the Planning and Community Development Director, or his designee, upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.

G-11A In addition to the submittal of a Construction Phase Impact Plan, the applicant must place a Construction Parking Placard in all vehicles associated with the project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the project. A Construction Parking Placard can be obtained from the City of Del Mar Planning Department.

Attachment B 31 May 2, 2022 Item 09
G-12 [Receipt of Demolition Permit]
Prior to the demolition or removal of any structures on the project site, the applicant shall apply for and gain approval for: a Demolition Permit, as required pursuant to the DMMC; and an accompanying Coastal Development Permit, as applicable.

G-13 [Permit Expiration]
This Permit shall expire three years from the date of approval, on May 2, 2025 unless a Building Permit has been issued (if required by the DMMC) and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.

G-14 [Preconstruction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. Attendees to this meeting shall include representatives from the City of Del Mar’s Planning and Community Development Department, City Engineer, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this project. At a minimum, the following issues shall be reviewed at this meeting:
a. City of Del Mar inspection requirements.
b. Process for requests for plan modification and determinations of substantial conformance.
c. Discretionary permit conditions and requirements.
d. Construction hour limitations and noise standards.
e. Construction access and parking including equipment/materials storage and maintenance.
f. Work within public rights-of-way and/or easements.
g. Stormwater Best Management Practices.
h. Tree-preservation requirements.
i. Demolition permit requirements.
j. Signage requirements/limitations.
k. Neighborhood impact issues.
l. Key contact information.
m. Business license requirements.
n. Construction and demolition waste diversion requirements o. Any other pertinent construction related activities and or information.

G-15 [Statement of Accuracy/Agreement Regarding Third-Party Lawsuits] Prior to the issuance of building permits or project commencement, whichever comes first, the applicant shall submit a statement to the Planning Department regarding the accuracy of submitted plans/materials and agreeing to hold the City of Del Mar harmless from third-party lawsuits filed challenging the City’s approval of this permit. The agreement shall also include a commitment to defend the City of Del Mar from any third-party lawsuits filed challenging the City’s approval of this Attachment B 32 May 2, 2022 Item 09
permit. The form and content of the statement and agreement required herein shall be subject to the review and approval of the Planning and Community Development Director, or his designee G-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. / Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).

G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert- 1-800-227-2600) for a mark out of service utilities.

G-18 [Rules for Construction-related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter 30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.

The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.

All construction related signage, including City required signs, shall be removed prior to final approval of the project.

ENGINEERING CONDITIONS:

E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.

E-2 [Engineering Fee]
Prior to issuance of Building Permits, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.

E-3 [Public Improvements]
E-3A Coordination with the City of San Diego will be required for any work performed within the City of San Diego right-of-way.

Attachment B 33 May 2, 2022 Item 09
E-4 [Private Drains]
Unless specifically authorized in permit plans, drains in landscape areas discharging to public rights-of-way shall not be allowed. Drains discharging into public rights-of-way may be authorized, subject to review by the City Engineer and only if warranted by unique site conditions. In such cases, design elements shall be incorporated into the plans which reduce the potential for stormwater pollution and nuisance drainage to the maximum extent practicable. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. All hardscape drains, roof drains, wall drains, and other private drains shall be shown in detail on improvement plans. Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental (including flooding and erosion) to the site or other properties.

E-5 [Grading Plan]
Prior to issuance of Building Permits, the applicant shall obtain a Grading Permit from the City. A Grading Plan shall be prepared in accordance with the latest edition of City’s “Applicant’s Guide to Procedures for a Grading Permit.” The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall:

E-5A The grading for the project shall be performed under the observation of a Registered Civil Engineer whose responsibility shall be to coordinate site inspection and testing to ensure compliance with the approved Grading Plan. The project Engineer shall submit reports to the City Engineer to verify compliance, as deemed necessary.

E-5B A topographic map shall be prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns.

Survey shall extend minimum 25 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information;
E-5C Depict the location of property lines and topographic features of the site that adequately address how private storm water is to be collected, conveyed, and discharged on or across the subject site with respect to the proposed project; E-5D Include a grading cost estimate for review, based on the City of San Diego’s Unit Price List;
E-5E Include provisions to collect, convey, and discharge storm water in an appropriate manner, considering the added impact of impervious surface area to the site; E-5F Include provisions to ensure that storm water will not be concentrated and discharged across adjacent properties;
Attachment B 34 May 2, 2022 Item 09
E-5G Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the subject property. The Report shall also address the tributary area for run-off directed to and across the subject property. The Report shall include calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties.

The Report shall address both existing and proposed conditions. Calculations to include 2-year water quality event and 100-year storm event with mitigation for any increase in flows or change in drainage patterns;
E-5H Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project. This includes the detailing in the plan set of any bio retention/infiltration or vegetated swales which are proposed. Mitigate for any increase in runoff generated by this development.

E-5I Include mitigation measures and project modifications as recommended in the required Geotechnical Report/investigation prepared for the project; E-5J Depict the location of erosion control devices to be implemented in the event of rainfall;
E-5K The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard grading and erosion control notes on the plans;
E-5L Include methods to ensure retaining wall sub-drains and sump pumps will not discharge onto City streets, as they contribute to nuisance water. Sub-drains and sump pumps shall discharge on private property to allow percolation back into the soil;
E-5M Ensure existing or proposed private pipe outlets will not convey or discharge nuisance water (i.e., from irrigation, hardscape run-off, planter area drains, French drains, etc.) onto adjacent streets or into the public right-of-way. The applicant shall provide methods to eliminate the discharge of nuisance water; E-5N Ensure that the development will minimize the amount of impervious surface area and maximize the on-site dissipation of storm water run-off; E-5O Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City Engineer. Indicate how the proposed bio-infiltration/retention area or bio-swale will discharge off-site without causing erosion;
E-5P Provide elevations and slope call-outs to clarify how water will drain around the proposed patio hardscape, with assurances the runoff will not be conveyed over sensitive topographic features;
Attachment B 35 May 2, 2022 Item 09
E-5Q Include a five (5) foot wide buffer zone to be maintained along the edge of pavement along the street frontage. No obstructions (i.e., walls, trees, benches, etc.) shall be permitted within this area;
E-5R Include landscaping plans with characteristics that maximize infiltration, provide retention, reduce irrigation and storm water run-off, use efficient irrigation, and minimize the use of fertilizers, herbicides and pesticides; E-5S Ensure that the grading and other construction activities meet the provisions specified in the California Regional Water Quality Control Board (RWQCB), San Diego Region, Order R9-2013-0001, NPDES No. CAS0109266 – Section D.2 and subsequent orders;
E-5T Following construction completion, the project designer shall inspect as-built improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan; and E-5U Prior to issuance of Building Permits, the applicant shall post a security in an amount approved by the City Engineer for the proposed grading. Said security shall be in a form acceptable to the City and shall remain in place until completion of the grading and final approval by the City. The amount shall be based on 25% of the approved grading cost estimate prepared as a part of the Grading Permit; E-6 [Geotechnical Report/investigation Requirement]
Prior to issuance of Building Permits, the applicant shall provide a Geotechnical Report for the project. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:

E-6A Include all standard information as required by the City’s Grading Ordinance; E-6B Evaluate existing site constraints;
E-6C Evaluate potential effect of proposed construction on properties; E-6D Provide any mitigation measures as necessary;
E-6E Provide recommendations for any special construction methods as necessary; E-6F Include the preparation of field tests to be performed at the site during construction, so as to ensure that field conditions are suitable for the approved construction. The Attachment B 36 May 2, 2022 Item 09
results of such tests may necessitate revisions to the project with such revisions subject to review by the appropriate City entities;
E6G Provide recommendations for back-cuts for the construction of retaining walls.

These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill, or completing construction of the approved retaining walls. If the recommended time deadlines are not met, the applicant, by signing these conditions, grants the City permission to work on their private property to secure the back-cuts, and use the cash security to perform the work; and
E-6H Temporary shoring will be required for this project and the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits for shoring.

E-7 [Authorization for Off-site Work]
E-7A Prior to the issuance of Building Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines. This includes the grading as depicted in the preliminary grading plan and the construction of retaining wall along property lines; and
E-7B The following note shall be included on the plans for the Permit: “No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties.”
E-8 [Grading – Separate Permits for Borrow or Disposal Site] A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits. An Encroachment Permit will be required to identify the haul route proposed for this purpose.

If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations.

E-9 [Standard Storm Water Mitigation Plan (SWMP)]
Prior to issuance of Development Permits, the applicant shall submit a Standard SWMP for City review and approval that addresses the following:

E-9A Control the post-development peak storm water run-off discharge rates and velocities to maintain or reduce pre-development downstream erosion; E-9B Minimize pollutants of concern from urban runoff through implementation of source control BMPs;
E-9C Remove pollutants of concern from urban runoff through implementation of structural BMPs;
Attachment B 37 May 2, 2022 Item 09
E-9D Protect slopes and channels from eroding;
E-9E Comply with the City Standard Urban Stormwater Mitigation Plan (SUSMP); E-9F Identify affected receiving water bodies; and
E-9G Include an exhibit that clearly shows the limits and quantities of impervious area in both the pre and post development conditions.

The structural BMPs required herein shall be designed so as to filter or treat the volume or flow outlined in the numeric sizing criteria outlined below:

Volume
Volume-based BMPs shall be designed to filter or treat the volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record;
E-10 [BMP details]
Prior to issuance of Development Permits, all post construction BMPs shall be shown in detail on the construction plans and submitted to the City for review and approval. For all post-construction treatment control BMPs, submit an operation and maintenance manual detailing requirements for the property owner to maintain BMPs into perpetuity. An easement shall be granted to the City for inspection of post-construction treatment control BMPs as needed. The project shall comply with the existing and subsequent Del Mar Jurisdictional Urban Runoff Management Plan and the State of California and National Pollutant Discharge Elimination System (NPDES).

E-11 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction – NEVER as a single or primary method.

E-11A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans; E-11B The applicant shall minimize exposure time of disturbed soil areas; E-11C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; and
E-11D The applicant shall stabilize all slopes per City approved method.

Attachment B 38 May 2, 2022 Item 09
E-12 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.

E-13 [Updated Title Report]
Prior to the issuance of Building Permits, the applicant shall prepare an updated title report for the property.

E-14 [Compliance with City of Del Mar JURMP]
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).

E-15 [Design of inlets/outlets]
Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties.

E-16 [Sewer Service]
The sewer connection to the public main must be a gravity connection. If a pump is required in order to service the residence, it must transition to gravity flow prior to connection to the public system. A sewer backflow prevention device will also be required if a pump is proposed. The existing Sewer lateral shall be videoed and certified clear of obstructions or damage by a licensed plumber. Should the lateral be damaged, a new lateral shall be installed to service the residence.

E-17 [Proposed Retaining Wall]
The proposed retaining walls shall be designed and constructed completely within the property. No portion of the wall or footing shall extend across the property line. The footing limits of retaining walls shall be shown on the plans together with profiles of the proposed retaining walls located along property lines and right-of-ways.

E-18 [Driveway Slope]
The Grading Plan must include a profile of the proposed driveway. The longitudinal slope must not exceed 8% within 10’ of the street. The slope must not exceed 6% within 25’ of the garage door. Between these two areas, the slope must not exceed 25%.

FIRE CONDITIONS:

F-1 [Class A Roof]
All structures shall be provided with a Class “A” Roof covering to the satisfaction of the California Building and Fire Code. NO wood shake shingles are allowed.

Attachment B 39 May 2, 2022 Item 09
F-2 [Access Road Minimum Dimensions]
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-Family residential driveways; serving no more than four single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds.

F-7 [Gates]
All drive gates, pedestrian gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations or personnel, are prohibited unless they meet standards approved by the Del Mar Municipal Code 10.04 and California Fire Code. Gates across fire access roadways shall be automatic and equipped with approved emergency key operated switches overriding all command functions and opens the gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, and educational or assembly occupancy group structures, shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. Pedestrian gates shall have a Knox Key Box installed and a key provided for any locked gate. Knox Box mounting height shall be 60 to 70 inches above finished grade maximum. Knox key switch mounting heights for drive gates shall not exceed 42 to 60 inches above finished grade.

F-9 [Construction Materials]
Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:

1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;

2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and

3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district.

F-12 [Automatic Fire Sprinkler System-Commercial, Multi-Family And Residential Structures And Garages; Fire Department Connections For Multi-Family And Commercial Sprinkler Systems And Related Control Valves] All structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the California Fire Code and Del Mar Municipal Code 10.04.

Plans for the automatic fire sprinkler system shall be submitted prior to start of construction and approved by the City designated fire plans examiner prior to any on site building construction inspection (other than slab, grading inspection) by a building official.

Attachment B 40 May 2, 2022 Item 09
Fire Department Connections (FDC) for fire sprinkler and standpipe systems shall meet the following requirements: shall be mounted at the following height(s); 36 to 42 inches above finished grade, to the top of connection.
• If FDC is installed separate from the Backflow/Double Detector Check, it shall be located a minimum of 5 feet from the Backflow/DDC valve. • When an FDC is attached to Backflow/DDC, the FDC mounting height shall still be 36 to 42 inches max above finished grade
• If the Backflow/DDC is installed without an FDC, both OS&Y valve handles shall be mounted 36 to 42 inches above finished grade.
• Bushes, trees and similar foliage shall not be located within a radius of 5 feet of an FDC or Backflow/DDC valve assembly. Ground cover landscape is acceptable.” F-13 [Smoke and CO Detection]
Hard-wired Smoke detectors shall be installed in new construction when valuation of project exceeds $1000.00, as required by California Building or Fire Codes.

F-17 [Basement]
All basements shall be designed and equipped with emergency exit systems consisting of operable windows and lightwells. All lightwells if serving as one or more exits from a basement shall be equipped with fixed metal ladders as part of the exit. Lightwells that intrude into sideyard or backyard setbacks of five feet or less shall require a hinged grating covering the lightwell opening. The grating shall be capable of supporting a weight of 250 pound person; yet able to be opened by someone of minimal strength with no special knowledge, effort or key or tool. Any modification of previously approved plans related to this condition (F-17) shall be subject to re-submittal and review by appropriate City of Del Mar staff (Fire, Planning and Building).

F-19 [Fuel Modification Zones/Fire Breaks]
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Del Mar Fire Department and California Fire Code. The size of fire/fuel breaks and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.

F-20 [Fire Resistive Construction Requirements for Wildland/Urban Interface Areas] Structures shall meet all wildland/urban interface standards to the satisfaction of the California Fire Code. As a minimum, structures shall meet the following fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of noncombustible materials; (2) Glazing materials shall be tempered multi-paned glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (5) Roof covering shall not be less than a Class “A” roof assembly; (6) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to Attachment B 41 May 2, 2022 Item 09
ANSI/AAMA/NWWDA 101/I>S>2-97 for structural requirements; and (7) Structures shall have an automatic fire sprinkler system installed as required by Del Mar Municipal Code 10.04, California Fire Code and California Residential Code. (8) Landscape plans are required for all new and remodel dwellings located within the Very High Fire Hazard Severity Zone (WUI) areas. All proposed vegetation (trees, shrubs, ground cover) shall be fire resistive plant material. All vegetation shall comply with San Diego County Guidelines “ACCEPTABLE PLANTS FOR DEFENSIBLE SPACE IN FIRE PRONE AREAS”.

F-21 [Solar Photovoltaic Installations - Solar Panels]
Solar Photovoltaic Systems shall be installed per California State Fire Marshal installation guidelines. City of Del Mar designated Fire Plans Examiner will conduct plan reviews and inspections for all Solar Photovoltaic Systems on commercial buildings.

WATER CONSERVATION CONDITIONS
WC-01 [Compliance with City and State Water Conservation Policies and Regulations] Prior to issuance of building permits, the applicant shall provide a Landscape Documentation Package (LDP) for the project prepared by a landscape architect or landscape contractor licensed by the State of California. The LDP required herein shall include anticipated water use calculations for the project's landscape and irrigation components. The LDP shall be accompanied by a certification from the preparer that the LDP is in compliance with the City's adopted water conservation policies in effect at the time of LDP preparation, including Del Mar Municipal Code Chapter 23.60 (Water Efficient Landscape Ordinance) and any guidelines adopted by the City for such ordinance. The preparer shall also certify that the LDP is in compliance with the Governor's Executive Order Nos. B-29-15 and B-36-15, which call for compliance with landscape/irrigation water use standards set by the California Building Standards Commission and the California Department of Housing and Community Development.

The LDP shall be subject to the review and written approval of the Director of Planning and Community Development (Director). The Director shall, as deemed necessary, work in consultation with the City's Landscape Architect, with the costs for such consultation to be borne by the applicant or his/her designee. If the submitted LDP is found not to be in compliance with the standards referenced herein, it shall be revised accordingly and resubmitted for compliance review.

In the event that compliance with this condition results in the need to modify a landscape or irrigation plan approved as part of a discretionary permit granted by the City, the Director shall have discretion to authorize changes of landscape materials in a manner that retains like-for-like consistency with the parameters of the project's approved discretionary permit, with such parameters to include: the size of landscape material to be installed and its anticipated mature height; and the location of any trees to be installed.

WC-02 [City Inspection for Compliance with Project's Landscape Documentation Package] Prior to final sign-off on implementation, the project shall be subject to inspection by City staff for compliance with the Landscape Documentation Package (LDP) required pursuant to the Attachment B 42 May 2, 2022 Item 09
project's conditions of approval. The inspections shall include review for compliance with the irrigation and landscape plans included as component parts of the LDP.

SPECIAL CONDITIONS:

S-12 [Lighting Plan]
Prior to the issuance of Building Permits, the applicant shall provide a Lighting Plan for the project identifying all exterior lighting fixtures proposed for installation on or around the structures authorized in this Permit. The Plan required herein shall be subject to the review and written approval of the Planning and Community Development Director and shall be reviewed to ensure that the lighting will be of a low-level intensity and that the fixtures will be installed so that the source of light will not be directed to or visible from adjacent properties or adjacent rights-of-way.

In the event that the applicant disagrees with the Planning and Community Development Director’s determination on the acceptability of the Lighting Plan, the applicant shall have the opportunity to present the Plan to the Design Review Board for approval at a noticed public hearing.

S-14 [Pool Fencing]
Prior to the issuance of building permits, the applicant shall provide a plan for pool security fencing. Any installation of walls or fences required to provide such security fencing shall be subject to the prior receipt of all required permits.

Attachment B 43 May 2, 2022 Item 09
City of Del Mar
Staff Report

DESIGN REVIEW BOARD

STAFF REPORT
December 15, 2021
APPLICATION: DRB21-018/ LC21-008/ CDP21-012
REQUEST: A request for Design Review, Land Conservation and Coastal Development Permits to demolish a one-story residential structure and to construct a new two-story residential unit with a second-story deck and built-in spa, and to perform associated grading and other site improvements.

APPLICANTS/OWNERS: Matt and Chelsea Ziskin
AGENT: Brian Church Architecture
SITE LOCATION: 624 8th Street
ASSESSOR'S PARCEL NUMBER: 300-252-14
COMMUNITY PLAN DESIGNATION: Low Density Residential
ZONE: R1-10
ENVIRONMENTAL STATUS: The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 Class 3 (e) - New Construction and has further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).

RECENT APPLICATION REGARDING THIS PROPERTY
On October 12, 2021, the Planning Commission denied a Trees, Scenic Views and Sunlight Application (TVS21-001), whereas the Applicant at 635 Hoska Drive requested restoration of a primary scenic view obstructed by Eugenia trees on the adjacent property located at 624 8th Street.

The Planning Commission unanimously determined that, due to a lack of photographic evidence documenting the contested view, the Commission was unable to establish a right of the Applicant (635 Hoska Drive) to seek restoration per DMMC Section 23.51.030. The Planning Commission’s decision on the TVS application has since been appealed by the TVS Applicant (635 Hoska Drive) to the City Council and an Initial Consideration of the appeal is scheduled for the December 13, 2021 City Council hearing, which will occur after the distribution of this report. 1 December 15, 2021 Item 05
44 May 2, 2022 Item 09

DESIGN REVIEW BOARD
STAFF REPORT: DRB21-018/ LC21-008/ CDP21-012
December 15, 2021

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Del Mar City CouncilMay 2, 2022

Del Mar City Council
May 2, 2022