Del Mar City Council
May 16, 2022

certified LCP as amended. However, any permit applications deemed complete prior to the effective date of the ordinances will not be subject to the new LCPA requirements.

HOUSING IMPACT:

Final CCC certification of the subject ordinances is the final step necessary for completion of the required 5
th Cycle Housing Element Program 2G rezone. A City Council decision to delay or not proceed with the proposed ordinance would be in conflict with State housing law and subject to enforcement by HCD and/or the State Attorney General’s office, which could result in significant fiscal impacts to the City’s General Fund and could make the City ineligible for State grant funding opportunities as applicable.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Statutorily Exempt pursuant to CEQA Guidelines Section 15265 because it constitutes an amendment to the City’s certified Local Coastal Program (LCP) and CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the CCC as set forth in Section 21080.9 of the Public Resources Code.

Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include corollary amendments to the City’s Municipal Code (Zoning).

Notwithstanding the applicability of the Statutory Exemption, future development of the two parcels included in Program 2G for multiple-dwelling residential use as affected by the proposed actions have been the subject of prior environmental analysis including the Final Program Environmental Impact Report (PEIR) for the Professional Commercial and North Commercial Zoning Code Amendment (SCH #2019029058) certified by the City Council on September 8, 2020 (Resolution 2020-47) and the 6th Cycle Housing Element Update Final PEIR (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52). Anticipated impacts for the proposed actions have been disclosed in these prior environmental documents and the proposed HEI-OZ incorporates standard Mitigation Monitoring and Reporting protocols (see proposed Section

30.92.050) to ensure impacts are minimized consistent with prior environmental documents. No new or substantially greater impacts would result from implementation of Program 2G, including the HEI-OZ.
 Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 3 May 16, 2022 Item 12
City Council Agenda Report
Acceptance of CCC Mods (2G LCPA)
May 16, 2022

 Final NC/PC PEIR:
www.delmar.ca.us/Archive.aspx?ADID=1428
As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including the Final PEIRs referenced above, the proposed actions do not require further environmental review. Pursuant to CEQA Guidelines Section 15162(b), no further analysis or environmental documentation is necessary. The proposed action is merely a step in furtherance of the original programs for which environmental review was performed. No supplemental or subsequent CEQA has been triggered and no further environmental review is required.

PRIOR CITY COUNCIL REVIEW
On March 25, 2021, the City Council introduced two Ordinances to create a new HEI-OZ (including objective design standards) and to rezone two vacant parcels (Watermark parcels) per 5th Cycle Program 2G. See the Agenda Report for Item 1 at:
www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_03252021-2713 On April 5, 2021, the City Council adopted the two Ordinances as introduced on March 25, 2021, to create a new HEI-OZ and rezone two vacant parcels (Watermark parcels).

This allowed the City to complete local action on 5
th Cycle Housing Element Program 2G
prior to the end of the 5th Cycle on April 15, 2021. See the Agenda Report for Item 5 at:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04052021-2723 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Completion of this required Housing Element rezone program is a City Council priority.

ATTACHMENTS:

Attachment A – Proposed Ordinance Accepting CCC Modifications Attachment B – Adopted Ordinance No. 979
Attachment C – Adopted Ordinance No. 980
4 May 16, 2022 Item 12

ATTACHMENT A
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ACCEPTING THE COASTAL COMMISSION
MODIFICATIONS TO THE 5th CYCLE HOUSING ELEMENT
PROGRAM 2G LOCAL COASTAL PROGRAM AMENDMENT BY
AMENDING PROSPECTIVE ORDINANCE 979 THAT ADDS A
NEW ZONING CHAPTER 30.92 TO THE DEL MAR MUNICIPAL

CODE TO CREATE A NEW HOUSING ELEMENT

IMPLEMENTATION OVERLAY ZONE (HEI-OZ) AS AN OVERLAY

ZONING TOOL THAT CAN BE APPLIED TO REAL PROPERTY

THROUGH FUTURE REZONE ACTIONS AT THE DISCRETION

OF THE CITY COUNCIL WHEN NECESSARY TO IMPLEMENT

FUTURE REQUIRED CITY OF DEL MAR HOUSING ELEMENT
PROGRAM ACTIONS PER STATE LAW; AND BY AMENDING
PROSPECTIVE ORDINANCE 980 THAT APPLIES THE HEI-OZ
TO APNS 299-100-47 AND 299-100-48
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component as reflected in the prior Housing Element (5th Cycle Program 2G); and
WHEREAS, the City Council adopted Ordinances 979 and 980 to implement the required 5th Cycle Housing Element Program 2G rezone action and submitted the associated Local Coastal Program Amendment (LCPA) application to the California Coastal Commission (CCC) for certification;
WHEREAS, on May 11, 2022, the Coastal Commission conditionally certified the LCPA on the condition that the City accept CCC’s modifications via ordinance; and WHEREAS, this Ordinance, which accepts CCC’s modifications, is consistent with prior City Council action on March 5, 2021, adopting a Resolution that amended the Del Mar Community Plan land use designation applicable to “North Commercial” and City Council action on April 5, 2021, adopting two Ordinances that further implemented the required 5
th Cycle Housing Element Program 2G rezone of APNs 299-100-47 and 299- 100-48 located in the North Commercial Zone; and
WHEREAS, once created the overlay zone could be applied to specific parcels via future rezone actions as necessary to address future rezone programs when required to implement the City’s Housing Element and comply with State law; and 5 May 16, 2022 Item 12
Ordinance No. XXX

WHEREAS, pursuant to State law, future housing development on parcels in the overlay zone will be subject to an administrative level ministerial approval process where submitted development applications will be reviewed for compliance with the published development standards and mitigation, monitoring, and reporting criteria; and WHEREAS, local decisions on development applications within the CCC appealable area would be appealable to CCC in accordance with State law and the City’s certified LCP.

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

SECTION ONE: That Del Mar Municipal Code (DMMC) Section 30.92.020 be amended to read as follows:

30.92.020 Areas of Applicability.

The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:

APN Location Housing Element Program Description Base Zone Overlay Zones
299-100-47-00
299-100-48-00
5 th Cycle Program 2G – Two Parcels further
described in DMMC Section 30.92.030(E)
North
Commercial
(NC)
Bluff, Slope,
and Canyon;
Floodplain;
and Lagoon
SECTION TWO: That DMMC Section 30.92.030 be amended to read as follows:

30.92.030 Process for Permit Approval.

A. Notwithstanding the standard permit process provisions of the Del Mar Municipal Code, permit approvals for proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be issued in accordance with an administrative level ministerial approval process where the proposed development is consistent with the applicable Housing Element program indicated in Section 30.92.020 and development standards in Section 30.92.040.

B. Proposed development on property in the Housing Element Implementation Overlay Zone that does not meet the criteria stated in Section 30.92.030(A) shall be subject to the standard procedures for permit approval pursuant to the Del Mar Municipal Code.

C. An administrative Coastal Development Permit (CDP) shall be required for proposed development.
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Ordinance No. XXX

(1) The administrative CDP shall be obtained in accordance with Section

30.75.080(E).
(2) The Planning Director shall prepare written findings of fact in accordance with Section 30.75.140 as necessary to support any decision to grant permit approval.
(3) No public hearing shall be required.
(4) Public notice shall be required in accordance with Section 30.75.120. (5) Once a final decision of approval, conditional approval, or denial is issued by the Planning Director, the notice of final action shall be provided within five working days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.
(6) Within the appealable area of the coastal zone (Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map) property that is located between the first public road and the sea, within 300 feet of a beach or the mean high tide line, and all areas within 100 feet of wetlands and streams), the Planning Director’s decision to approve an Administrative CDP in the Housing Element Implementation Overlay Zone may be appealed to the Coastal Commission within 10 working days in accordance with Section 30.75.110. Proposed development in the Housing Element Implementation Overlay Zone that is located outside of the coastal zone appealable area is not appealable to the Coastal Commission.

D. Upon issuance of an administrative CDP, the applicant may apply for an administrative level approval of required Construction Permits as applicable.

E. Reserved.

SECTION THREE: That DMMC Section 30.92.040 be amended to read as follows:

30.92.040 Development Standards.

The development standards applicable to proposed development in the Housing Element Implementation Overlay Zone shall be in accordance with the applicable base zone, overlay zones, and all applicable provisions of DMMC Title 30, unless otherwise indicated herein, or where necessary to comply with Federal and State law.

A. Density. 20-25 dwelling units per net acre.

B. Construction Design Standards.
(1) Setbacks.
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a. Front yard: 10 feet or as otherwise required, whichever is greater.

Street Side Yard: 10 feet or as otherwise required, whichever is greater.
b. If parcels in the Overlay Zone share a property line with an adjacent parcel developed with an existing single dwelling unit or duplex residential use, the following additional setback requirements apply to proposed projects in the Overlay Zone to provide an appropriate transition to the existing use:
i. A minimum 15-foot-wide landscaped buffer (setback) shall be provided and maintained on the project side of any property line.
ii. Any upper stories of residential uses in the Overlay Zone shall be setback 30 feet from any property line adjacent to the residential use.
c. Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section

30.52.060A.1.b), or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be not be allowed.
(2) Building Design.
a. Maximum average size of dwelling units for a development site shall not exceed 1,000 square feet of “Bulk Floor Area” as defined and regulated in DMMC Chapter 30.72, excepting that attached dwelling units shall be measured to the center of shared building walls. b. No more than 75% of any building facade shall be in a single plane.

An average of a five-foot offset, with a minimum of one-foot, is required for the remaining 25% of the building facade.
c. Decks on any roof of any building shall not be allowed. d. Habitable portions of the development exceeding one-story shall have a “flat roof” design, allowing minimum necessary slope for drainage.
e. Single-story design elements such as entries and clerestories with two-story volume or heights shall not be allowed.
f. Ceiling heights on any habitable building level shall not exceed 10 feet.
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g. Elevated deck areas associated with individual units shall be limited to 100 square-feet in area and shall be oriented towards the street, and no elevated deck shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
h. Covered outdoor areas, including but not limited to entries, porches, decks and balconies, shall be limited to 10% of the associated unit size.
i. Earth tone paint and material colors shall be used for building exteriors, including flat roofs.
(3) Auxiliary Structures/Equipment and Utilities.
a. All roof appurtenances including, but not limited to air conditioning units and mechanical equipment shall be shielded to eliminate noise and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties.
b. All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units, trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely shielded to eliminate noise and screened from surrounding properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building.
c. Ground-mounted mechanical or electrical equipment shall be screened using a combination of elements including solid masonry walls, berms, and landscaping. Screening wall shall be designed to be architecturally compatible with the building design. All new and existing utility service connections within the boundaries of the development site shall be placed underground.
d. Trash receptacles and adequate areas for collecting and loading recyclable materials shall be incorporated into the building design, located in garages, and/or enclosed by a six-foot high masonry wall with view-obscuring gates and screened with vegetation. The finish materials and colors of an exterior enclosure shall match the exterior building materials. No trash receptacle and areas for collecting and loading recyclable materials shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
e. Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from public view. Substitutions such as masonry, wood, or metal 9 May 16, 2022 Item 12
Ordinance No. XXX

pilasters with wrought iron or chain link and view-obscuring material must be harmonious with exterior building materials.
f. Any gutters, scuppers, or downspouts proposed on the exterior of a building shall be decorative or designed to be integrated with the building façade.
(4) Site and Landscape Standards.
a. Hardscape shall be limited to no more than 20 percent of front yard and street side yard setbacks, including driveways and drive aisles. b. Screening plants shall buffer privacy encroaching views in at least 75% of the intended area, with species selected to reach this standard within one-year of planting. Grasses and deciduous plants shall not be used for screening purposes.
c. For screening purposes, any new trees shall be provided at a minimum 24-inch box size and any new shrubs shall be provided at a minimum five-gallon size.
d. New trees shall be non-invasive according to the California Invasive Plant Council guidance.
e. Only regionally native species shall be planted within steep slope setback areas and wetland buffer areas.
(5) Parking.
a. Parking shall be provided in accordance with DMMC Chapter 30.80. b. Garage parking shall be required in accordance with the provisions of DMMC Chapter 30.80, unless accommodation without a garage enclosure is necessary to meet the minimum density range to provide affordable units.
c. When garage parking is not required per the exception listed in Section 30.92.040.B-5(b), required parking areas/spaces shall be:
i. Located at the rear of the development site and screened from public view by the dwelling unit structure(s) and/or landscape screening; or
ii. Located at grade, situated beneath dwelling units and screened from view along fronting streets by architectural and/or landscaping features.
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d. Private drive aisles accessing parking shall be located at the rear or side of a property to avoid excessive curb cuts and maximize landscaping at the street frontage.
e. Curb cuts shall be located to maximize sight distances for motorists, bicycles and pedestrians entering or exiting the property, crossing the driveways, and to limit interference with off-site circulation, parking, and safety. Any vegetation proposed to be planted adjacent to a driveway shall be selected and located so as to maintain adequate sight lines to and from the property, and along the property frontage to the public street(s) and intersection(s).
f. Driveway slope angles shall not exceed 15%.
g. Open-sided parking coverings that contain solar collectors/panels shall not be calculated towards maximum allowed Lot Coverage.

H. Surface parking areas shall be separated from a building with both a raised pedestrian sidewalk (minimum four feet in width) and a landscape strip (minimum eight feet in width).
(6) Exterior Lighting.
a. All exterior lighting shall be low intensity, shielded, and directed downward, below the horizontal plane of the fixture, to prevent objectionable brightness or light trespass onto adjacent properties.

The source of the light bulb must not be visible from adjacent properties or public rights of way. Natural gas lighting shall not be allowed. The color temperature of exterior lighting located adjacent to ESHA, or adjacent to the shoreline, shall be 2700 Kelvin or lower. b. Fixtures must be “Full Cut Off” designated or “Fully Shielded” fixtures, so that no light is emitted above the lowest light emitting part of the fixture. Shielded and unshielded up-lighting shall not be allowed.
c. Light fixtures shall be located no closer to the property line than four times the mounting height of the fixture, and shall not exceed the height of adjacent off-site structures.
d. Focused flood lighting may be allowed for security purposes but shall be mounted to be downward directed only, shall be located no higher than the first story, and shall utilize motion-sensor activation at all times.
e. Accent lighting used only for highlighting architectural features (e.g., “wall washing”) shall not be allowed.
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Ordinance No. XXX

f. Pole-mounted lights shall not be allowed unless the lighting source is entirely screened from public view from a public street or shielded in a courtyard or interior portion of a multiple-dwelling unit complex and light is shielded from any adjacent parcel developed with an existing single dwelling unit or duplex residential use.

C. Minimization of Flood Risk.

If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply:
(1) During review of applications for development, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission’s 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned or implemented), and analysis of how those adaptation measures minimize projected flood risk. This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
(2) Development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards including those from the impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures.

SECTION FOUR: That DMMC Section 30.92.050 be amended to read as follows:

30.92.050 Mitigation, Monitoring, and Reporting.

All proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be subject to the following objective standard protocols for mitigation, monitoring, and reporting as necessary to avoid a significant impact to the environment in accordance with applicable State and Federal laws.

A. Cultural Resources.
(1) Historic Resources.
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Ordinance No. XXX

a. Where development would involve the alteration or demolition of a structure greater than 50 years old, a historic evaluation by a Secretary of Interior's Standards for Architectural Historian or Historic Architect shall be provided to determine if the resource meets the definition of a Historic Resource as defined in CEQA Guidelines Section 15064.5. If the structure is determined to be a Historic Resource, any proposed alteration shall follow mitigation guidelines contained in CEQA Guidelines Section 15126.4(b).

Mitigation standards may include, but are not limited to avoidance and preservation, conducting alterations in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (including as applicable, standards for Preservation, Rehabilitation, Restoration and Reconstruction), and documenting resources. The approach to comply with these standards shall be prepared by an Architectural Historian or Historic Architect and provided to the City.
b. Demolition and/or significant diminution of designated historic landmarks shall be prohibited.
(2) Native American Consultation.

Upon receipt of a development proponent’s preliminary application, the City shall request consultation regarding the proposed development with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, and contact the Native American Heritage Commission for assistance in identifying any California Native American Tribe. The City shall provide formal notice for each Tribe traditionally and culturally affiliated with the geographic area of the project site including the location and a description of the proposed development, and an invitation to engage in scoping consultation. The local government shall request that each tribe notify the City if it accepts the invitation to engage in consultation within 30 days, unless additional time is requested.

The local government must initiate consultation within 30 calendar days of a Tribe’s acceptance of the invitation to engage in consultation.

Consultation occurs between the City and the tribe(s) and must comply with the confidentiality requirements. Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site (Government Code §65913.4(b)(2)(D)(i)), or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved (Government Code §65913.4(b)(2)(D)(ii)). (3) Archaeological Survey.
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a. Any development project that involves disturbance of soils, including native soils that may have been previously disturbed or compacted, shall be required to submit an archaeological survey report unless previous tribal consultation correspondence for the project site indicates there is no concern with grading activities on site b. An archaeological survey report shall be submitted by a Registered Professional Archaeologist.
c. The survey report shall include a record search of known archaeological resources and document results of the field survey including any resources encountered.
(4) Siting and Design
Development shall be sited and designed to avoid adverse impacts to important archaeological resources to the maximum extent feasible. If there is no feasible alternative that can avoid impacts to important or unique archaeological resources, then the alternative that would result in the least adverse impacts to important or LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element) 10 unique archaeological resources that would not result in additional adverse impacts to other coastal resources shall be required. (5) Testing and Mitigation
a. If potential impacts to archaeological resources cannot be avoided, the Registered Professional Archaeologist shall develop and implement an archaeological testing program. The testing program shall be adequate to allow a determination of significance pursuant to CEQA Guidelines Section 15064.5(b) and shall include a Native American monitor.
b. Should the testing find significant resources are present, a mitigation program shall be implemented consistent with CEQA Guidelines Section 15126.4(b)(3).
c. Mitigation shall be designed in compliance with the guidelines of the State Office of Historic Preservation and the State Native American Heritage Commission. Mitigation may include, but is not limited to, conservation and protection of the site in perpetuity, implementation of a data recovery plan, or other on-site preservation methods such as capping.
d. In-situ preservation and avoidance of cultural depositions shall be considered the preferred mitigation option.
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i. For in-situ preservation or reburial, the boundaries of the resource shall be determined and a setback shall be no less than 20 feet and may be larger if necessary to protect the cultural deposit.
ii. Where in-situ preservation and avoidance is not feasible, partial or total recovery of important or unique archaeological resources shall be undertaken.
iii. Examples of methods to accomplish in-situ preservation or avoidance include, but are not limited to:

Siting and designing structures to avoid important or unique archaeological resources;
Planning construction to prevent contact with important or unique archaeological deposits;
Planning parks, green space, or other open space to preserve important or unique archaeological sites;
“Capping” or covering important or unique archaeological sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may be used where: the soils to be covered will not suffer serious compaction; the cover materials are not chemically active; the site is one in which the natural processes of deterioration have been or can be
effectively arrested; and the site has been recorded.
iv. Although the placement of fill on top of an archaeological site may reduce direct impacts of construction, indirect impacts may result from the loss of access to the site for research purposes and scarification and compaction of soils. v. To mitigate these impacts, a sample of the cultural resource shall be excavated and appropriately curated for research
purposes; and
vi. Action shall be taking to designate important or unique archaeological sites into permanent conservation easements held for the benefit of the public.
e. A Native American monitor shall be consulted regarding the proposed mitigation plan as well as representatives of Native American groups that agreed to participate in the initial consultation process. If there is disagreement regarding the culturally affiliated tribal government, the Native American Heritage Commission shall be consulted. All reports, methods, testing programs, curation, and 15 May 16, 2022 Item 12
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other aspects of the archaeological investigation shall follow the Secretary of the Interior’s Guidelines for Archaeological Documentation.
(6) Preconstruction Meeting Coordination and Archaeological and Native American Monitoring.
a. Archaeological monitoring is required in accordance with Section

30.92.050(A)(3)(b), unless a Registered Professional Archaeologist and Native American Monitor provide written recommendation that monitoring is not recommended.
b. Prior to the start of any ground-disturbing activity, an archaeological and Native American monitor from a traditionally and culturally affiliated tribe that is included on an updated Native American Heritage Commission (NAHC) list, as well as a Native American most likely descendant (MLD) when State Law mandates identification of a MLD, shall be retained to monitor ground-disturbing activities including, but not limited to, grading, excavation, brush clearance, and grubbing. The archaeological monitor shall conduct
preconstruction cultural resources worker sensitivity training to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery.
c. The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and the Native American Monitor. Initially, all ground-disturbing activities shall be monitored. However, the qualified archaeologist, based on observations of soil stratigraphy or other factors, and in consultation with the City and the Native American Monitor, may reduce the level of monitoring as warranted.
(7) Discovery of Archaeological Resources
a. In the event that archaeological resources are accidently discovered or unearthed during construction activities, all job operations within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist and Native American monitor have identified and evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).
b. Construction activities shall be redirected to other work areas until the archaeologist and Native American monitor determine that work can resume in the vicinity of the find.
c. If the artifact that is accidentally discovered or unearthed is of Native American origin, the certified archaeologist and a culturally affiliated 16 May 16, 2022 Item 12
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Native American with knowledge of cultural resources shall be consulted for identification and evaluation.
d. If the discovery is determined significant, a data recovery program or other treatment method determined in consultation with the City and Native American with knowledge of the cultural resources, if applicable, shall be implemented in order to mitigate impacts to the resource.
e. The applicant shall transfer ownership of Native American cultural resources to the appropriate Native American Tribe for proper treatment and disposition, if requested by the Tribe.
f. In the event that human remains are discovered or unearthed during construction activities, all job operations within a 25-meter radius of the human remains shall be temporarily suspended or redirected and the county coroner must be contacted as required by California Health and Safety Code Section 7050.5.
g. If the remains are determined by the coroner to be Native American in origin, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours. California PRC Sections 5097.94 and 5097.98 require consultation with the NAHC, protection of Native American remains, and notification of most likely descendants to ensure the appropriate and dignified treatment of Native American human remains and any associated grave goods.
h. The City shall notify the Coastal Commission staff that significant archaeological resources were discovered during construction.

B. Biological Resources.
(1) Required Technical Reports and Surveys
The applicant shall provide information with the development application detailing the biological resources present on-site including identification of jurisdictional resources such as State or Federal wetland, environmentally sensitive habitat area (as defined in DMMC Section 30.75.030). If wetlands are present as defined in DMMC Section 30.53.030, a jurisdictional wetland delineation shall be provided. If there is a potential for sensitive plant or wildlife species to be present, applicable protocol surveys shall be conducted.
(2) Siting Design and Monitoring
a. Protection of Wetlands
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i. If wetlands are present on-site the project design shall ensure wetlands are preserved and where appropriate restored,
along with a minimum 100-foot wetland buffer. If wetlands are located off-site, a 100-foot wetland buffer shall be provided from the edge of the off-site wetland to the edge of the development footprint.
ii. The wetland buffer may be reduced to no less than 50-feet with written concurrence from the California Department of Fish and Wildlife (CDFW) and the California Coastal
Commission, and after findings have been made that the
physical characteristics of the site, such as the size and dimensions of the property, are adequate to protect the resources of the adjacent wetlands.
iii. The findings for a reduced wetland buffer shall be based on site-specific factors, such as the type, size and nature of the development proposed, the mitigation measures provided
(such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland
transitional habitat, or other similar factors which will serve to contribute to the purposes of a wetland buffer area. When making these findings, the recommendations of CDFW and
CCC shall be considered.
iv. Permitted uses in wetlands are specified in DMMC Section

30.53.080.
v. Wetland buffers shall be consistent with DMMC Section

30.53.090. Public access to wetlands and wetland buffer areas shall be restricted as necessary to maintain the
biological productivity of the wetland. This may be
accomplished by landscape berms, fencing, or other suitable barriers.
b. Protection of Environmentally Sensitive Habitat Areas (ESHA) i. Sensitive habitat areas (including wetlands and wetland buffers) shall be retained or restored to their natural state to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation.
ii. Prior to the issuance of Certificate(s) of Occupancy, protected habitat areas shall be preserved through recordation of an open space deed restriction, conservation easement, or open space easement over the protected area(s) to ensure their 18 May 16, 2022 Item 12
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protection and to serve notice to the property owner,
subsequent owners or interested parties of the restrictions in effect on such property.
iii. ESHA shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
iv. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the
continuance of those habitat and recreation areas.
v. Sensitive habitat shall be protected by appropriate buffers.

Encroachment into ESHA buffers shall be avoided, including encroachment for fuel modification and brush management. (3) Protected Trees
Removal of Torrey Pines or Monterrey Cyprus trees shall be replaced or mitigated at appropriate ratios as determined by the Planning Director in consultation with a qualified arborist.
(5) Limits on Construction During Breeding Season
a. The clearing and grading of trees and shrubs shall occur outside of the avian and raptor breeding season of February 1 through August 31 to avoid damage to nests and nesting birds consistent with the Migratory Bird Treaty Act.
b. If clearing and grading during the avian breeding season is proposed, then a focused nest survey shall be conducted by a qualified biologist 72 hours prior to the vegetation removal. If active nests are discovered during the nest survey, those nests shall be avoided until the young have fledged.
c. Appropriate nest setback distances shall be implemented during construction based on applicability of noise attenuation measures, the topography between the nest and the proposed disturbance activity, and the surrounding vegetation. These setbacks shall be a minimum of 300 feet for passerine species and 500 feet for raptor species, but may be reduced when located in highly urban settings if approved by the Executive Director of the California Coastal Commission.
19 May 16, 2022 Item 12
Ordinance No. XXX

d. Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures shall be implemented.
i. If project-related work is to occur during the breeding season for California gnatcatcher (February 15 through August 31), pre-construction protocol-level surveys for California
gnatcatcher shall be performed to determine the status of breeding California gnatcatchers on site and within 500 feet of the site.
ii. If a nesting California gnatcatcher pair is detected on site or within 500 feet of the site, noise attenuation measures shall be implemented to ensure that ambient noise levels are equal to or less than 65 decibels at the nest.
iii. If ambient noise levels before project construction exceed 65 dB, noise attenuation measures shall be implemented to
ensure the baseline noise level is not exceeded.
iv. Nest monitoring by an individual holding a Section 10(a) U.S.

Fish and Wildlife Service recovery permit for California gnatcatcher shall be conducted to ensure that the nesting California gnatcatchers remain undisturbed by construction. (4) Where landscaping or revegetation is proposed, the landscaping and/or revegetation plan shall not include any invasive plant species listed on the California Invasive Plant Council’s Invasive Plant Inventory Database or cultivars of any such listed species.

C. Noise.
(1) Construction Noise. The applicant shall provide a construction noise mitigation program to the City that demonstrates how construction activities will comply with DMMC Section 9.20.050. Construction noise reduction measures may include, but are not limited to the following:
a. Temporary sound barriers/shielding adjacent to sensitive receivers.

The required location, height, and materials of the barrier shall be specified.
b. Siting of staging areas, stationary noise sources, and other noise generators away from sensitive receivers.
c. Reduction of construction equipment idling time and fitting of construction equipment with noise reducing devices.
d. Resident notification of construction schedule.
20 May 16, 2022 Item 12
Ordinance No. XXX

(2) On-site Noise.
a. Project designs shall ensure all outdoor noise generating equipment is shielded to provide noise attenuation to achieve noise level limits at the nearest property line consistent with DMMC Section 9.20.040 - Sound Level Limits.
b. Project outdoor use areas shall be shielded from roadway noise through building attenuation or other methods.

D. Paleontological Resources.
(1) Submittal Requirements, Technical Reports, and Surveys.

Applicants shall be required to provide the following supporting information as part of a development application to determine applicability of this section:
a. The types and depth of geological formations present. b. The paleontological sensitivity of each geologic formation. c. Proposed grading depths into each formation.
(2) Siting and Design
a. New development shall be sited and designed to avoid adverse impacts to paleontological resources to the maximum extent feasible.
b. If there is no feasible alternative that can eliminate all impacts to paleontological resources, then the alternative that would result in the fewest or least significant impacts to resources shall be selected. c. Impacts to paleontological resources that cannot be avoided through siting and design alternatives shall be mitigated. d. When impacts to paleontological resources cannot be avoided, mitigation shall be required that includes procedures for monitoring, grading and handling fossil discoveries that may occur during development. (3) Preconstruction Meeting Coordination and Monitoring a. Any project that requires disturbance into high or moderate sensitivity paleontological formations shall be required to provide a paleontological monitor during ground disturbing activities. b. A qualified paleontologist (an individual with an MS or PhD in paleontology or geology who is familiar with paleontological 21 May 16, 2022 Item 12
Ordinance No. XXX

procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the County for a least one year) shall attend the preconstruction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. c. A paleontological monitor (an individual who has experience in the collection and salvage of fossil materials, working under the direction of a qualified paleontologist) shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils.
d. Grading activities in previously undisturbed deposits of moderate paleontological resource potential shall be monitored on a part-time basis.
(4) Discovery of Paleontological Resources
a. In the event that paleontological resources are discovered or unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until a certified paleontologist has recovered, identified, and/or evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).
b. Mitigation measures shall be implemented to address the impacts of the construction on the resources following the guidance of

30.92.050(A)(4)(d).
c. After the find has been appropriately mitigated, work in the area may resume.
d. During the monitoring and recovery phases of the mitigation program, the qualified paleontologist and/or the paleontological monitor shall routinely collect stratigraphic data (e.g., lithology, vertical thickness, lateral extent of strata, nature of upper and lower contacts, and taphonomic character of exposed strata). Collection of such data is critical for providing a stratigraphic context for any recovered fossils.
e. Fossil remains collected during monitoring and salvage shall be cleaned (removal of extraneous enclosing sedimentary rock material), repaired (consolidation of fragile fossils and gluing together broken pieces), sorted (separating fossils of the different species), and cataloged (scientific identification of species, 22 May 16, 2022 Item 12
Ordinance No. XXX

assignment of inventory tracking numbers, and recording of these numbers in a computerized collection database) as part of the mitigation program.
f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for preparation, curation, and initial specimen storage, if this work has not already been completed. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.
h. The City shall notify the Coastal Commission staff that significant paleontological resources were discovered during construction.

E. Public Views.

Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan as well as the appropriate setback(s) that protect public scenic views to the ocean.

F. Steep Slopes.

Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except as specified in DMMC Section 30.52.060(A).

G. Wildfire.

To ensure protection of the public health and safety from wildfire, all development within or adjacent to a “Very High” or “High” Fire Hazard Severity Zone shall be required to incorporate enhanced fire safety measures consistent with Section(H) of the Bluff, Slope and Canyon Overlay Zone Regulations found in the certified LCP as well as the State Fire Code and Building Code to the satisfaction of the Fire Marshall and Building Official.

H. Flooding
23 May 16, 2022 Item 12
Ordinance No. XXX

If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply as a condition of Coastal Development Permit approval:

1. The landowner shall record a notice on the property and notice all occupants that:
a. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise;
b. The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development.

2. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.92.050(H)(1) shall also reflect the following:
a. That sea level rise and flooding could render it difficult or impossible to provide services to the site;
b. That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land; and
c. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

3. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

SECTION FIVE: That DMMC Section 30.75.100 (Notice of Action on Coastal Development Permit Applications) be amended to read as follows:

30.75.100 Notice of Action on Coastal Development Permit Applications Upon final action on an application for a Coastal Development Permit, the City shall, within five working days of the final action, mail notice to the Executive Director of the California Coastal Commission and to interested parties who have requested notice in writing describing the action taken by the City.
24 May 16, 2022 Item 12
Ordinance No. XXX

SECTION SIX: That DMMC Section 30.75.110 (Coastal Development Permits Reviewed by the City – Appeals to the Coastal Commission) be amended to read as follows:

30.75.110 Coastal Development Permits Reviewed by the City – Appeals to the Coastal Commission.
(A) [No change]
(B) The period for appeal to the Coastal Commission on an action rendered by the City on a Coastal Development Permit application shall be ten working days, commencing on the day after written notice of the City’s final action on the application is received at the staff offices of the Coastal Commission. (C) [No change]
SECTION SEVEN: This Ordinance amends Ordinance 979 which creates the prospective DMMC Zoning Chapter 30.92 Housing Element Implementation Overlay Zone (HEI-OZ) and Ordinance 980 which amends Ordinance 979 and applies the HEIOZ Overlay Zone to APNS 299-100-47 and 299-100-48.

SECTION EIGHT: The City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) to facilitate the implementation of Government Code Section 65583.2 (h) and (i) pursuant to State Housing law. CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code.

Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include a corollary amendment to the City’s Municipal Code (Zoning).

The future application of the Overlay Zone to certain parcels as required by the City’s Housing Element to implement Government Code Section 65583.2 (h) and (i) will be analyzed in accordance with CEQA prior to such approval.

SECTION NINE: This Ordinance was introduced by the City Council on May 16, 2022.

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 the votes cast.

SECTION ELEVEN: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification of the submitted Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
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Ordinance No. XXX

SECTION TWELVE: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development once final certification is granted by the Coastal Commission.

SECTION THIRTEEN: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for final certification.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 6
th day June 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
26 May 16, 2022 Item 12
Ordinance No. XXX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Interim City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXX, 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 6
th day of June, 2022, by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
27 May 16, 2022 Item 12
ORDINANCE NO. 979

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADDING ZONING CHAPTER 30.92 TO THE

DEL MAR MUNICIPAL CODE TO CREATE A NEW HOUSING

ELEMENT IMPLEMENTATION OVERLAY ZONE AS AN

OVERLAY ZONING TOOL THAT CAN BE APPLIED TO REAL

PROPERTY THROUGH FUTURE REZONE ACTIONS AT THE

DISCRETION OF THE CITY COUNCIL WHEN NECESSARY TO

IMPLEMENT REQUIRED CITY OF DEL MAR HOUSING

ELEMENT PROGRAM ACTIONS PER STATE LAW
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program as reflected in the existing 5th Cycle Housing Element Program 2G due to the City’s failed progress during its 4th Cycle Housing Element planning period; and
WHEREAS, State law requires the City complete implementation of the required Program 2G rezone action by April 15, 2021, which is the end of the 5th Cycle planning period, in order to avoid enforcement penalties set forth in the Government Code; and WHEREAS, 5th Cycle Housing Element Program 2G requires the City amend its Community Plan North Commercial land use designation and rezone APNs 299-100-47 and 299-100-48 located in the North Commercial Zone to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component; and
WHEREAS, the proposed Housing Element Implementation Overlay Zone will facilitate timely implementation of the required Program 2G rezone action; and WHEREAS, once created, the overlay zone could be applied to parcels throughout the City via rezone actions in the future as necessary to implement the City’s Housing Element and comply with State law; and
WHEREAS, pursuant to State law, rezone programs in the overlay zone will be subject to an administrative level ministerial approval process where submitted development applications will be reviewed for compliance with the published development standards and mitigation, monitoring, and reporting criteria; and WHEREAS, on January 12, 2021, the Planning Commission unanimously recommended that the City Council proceed with timely approval to bring the City into compliance with State law and minimize the City’s risk of State penalties, fiscal impacts, and associated negative consequences due to its current status in violation of State law; and
Attachment B
28 May 16, 2022 Item 12
Ordinance No. 979

WHEREAS, on February 16, 2021, the City Council considered an ordinance to adopt the overlay zone and directed staff to prepare objective design standards to be included in the overlay zone; and
WHEREAS, on February 24, 2021, the Design Review Board considered the concept of design standards in the overlay and provided feedback to the City Council; and
WHEREAS, on March 9, 2021, the Planning Commission re-reviewed the overlay zone and further recommended incorporation of objective design standards that would be applicable to parcels where the overlay zone is to be applied.

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

SECTION ONE: That the Del Mar Municipal Code (DMMC) be amended to add a new Chapter 30.92 Housing Element Implementation Overlay Zone to read as follows:

Chapter 30.92 – Housing Element Implementation Overlay Zone

30.92.010 Purpose.

The purpose and intent of the Housing Element Implementation Overlay Zone is to facilitate housing opportunities within the community via implementation of required rezone programs pursuant to the City of Del Mar’s adopted Housing Element where required for compliance with State Housing Element law.

30.92.020 Areas of Applicability.

The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:

APN Location Housing Element Program Description Base Zone

30.92.030 Process for Permit Approval.

A. Notwithstanding the standard permit process provisions of the Del Mar Municipal Code, permit approvals for proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be issued in accordance with an administrative level ministerial approval process where the proposed development is consistent with the applicable Housing Element program indicated in Section 30.92.020 and development standards in Section 30.92.040.

B. Proposed development on property in the Housing Element Implementation Overlay Zone that does not meet the criteria stated in Section 30.92.030(A) shall 29 May 16, 2022 Item 12
Ordinance No. 979

be subject to the standard procedures for permit approval pursuant to the Del Mar Municipal Code.

C. An administrative Coastal Development Permit (CDP) shall be required for proposed development.
(1) The administrative CDP shall be obtained in accordance with Section

30.75.080(E).
(2) The Planning Director shall prepare written findings of fact in accordance with Section 30.75.140 as necessary to support any decision to grant permit approval.
(3) No public hearing shall be required.
(4) Public notice shall be required in accordance with Section 30.75.120. (5) Once a final decision of approval, conditional approval, or denial is issued by the Planning Director, the notice of final action shall be provided within seven calendar days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.
(6) Within the appealable area of the coastal zone (Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map) property that is located between the first public road and the sea, within 300 feet of a beach or the mean high tide line, and all areas within 100 feet of wetlands and streams), the Planning Director’s decision to approve an Administrative CDP in the Housing Element Implementation Overlay Zone may be appealed to the Coastal Commission within 10 calendar days in accordance with Section 30.75.110. Proposed development in the Housing Element Implementation Overlay Zone that is located outside of the coastal zone appealable area is not appealable to the Coastal Commission.

D. Upon issuance of an administrative CDP, the applicant may apply for an administrative level approval of Construction Permits as applicable in accordance with DMMC Chapter 23.05 (Construction Permits).

E. Reserved.

30.92.040 Development Standards.

The development standards applicable to proposed development in the Housing Element Implementation Overlay Zone shall be in accordance with the applicable base zone, overlay zones, and all applicable provisions of DMMC Title 30, unless otherwise indicated herein, or where necessary to comply with Federal and State law.

A. Density. 20-25 dwelling units per net acre.
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Ordinance No. 979

B. Construction Design Standards.
(1) Setbacks.
a. Front yard: 10 feet or as otherwise required, whichever is greater.

Street Side Yard: 10 feet or as otherwise required, whichever is greater.
b. If parcels in the Overlay Zone share a property line with an adjacent parcel developed with an existing single dwelling unit or duplex residential use, the following additional setback requirements apply to proposed projects in the Overlay Zone to provide an appropriate transition to the existing use:
i. A minimum 15-foot-wide landscaped buffer (setback) shall be provided and maintained on the project side of any property line.
ii. Any upper stories of residential uses in the Overlay Zone shall be setback 30 feet from any property line adjacent to the residential use.
c. Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section

30.52.060.1.b), or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be not be allowed.
(2) Building Design.
a. Maximum average size of dwelling units for a development site shall not exceed 1,000 square feet of “Bulk Floor Area” as defined and regulated in DMMC Chapter 30.72, excepting that attached dwelling units shall be measured to the center of shared building walls. b. No more than 75% of any building facade shall be in a single plane.

An average of a five-foot offset, with a minimum of one-foot, is required for the remaining 25% of the building facade.
c. Decks on any roof of any building shall not be allowed. d. Habitable portions of the development exceeding one-story shall have a “flat roof” design, allowing minimum necessary slope for drainage.
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Ordinance No. 979

e. Single-story design elements such as entries and clerestories with two-story volume or heights shall not be allowed.
f. Ceiling heights on any habitable building level shall not exceed 10 feet.
g. Elevated deck areas associated with individual units shall be limited to 100 square-feet in area and shall be oriented towards the street, and no elevated deck shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
h. Covered outdoor areas, including but not limited to entries, porches, decks and balconies, shall be limited to 10% of the associated unit size.
i. Earth tone paint and material colors shall be used for building exteriors, including flat roofs.
(3) Auxiliary Structures/Equipment and Utilities.
a. All roof appurtenances including, but not limited to air conditioning units and mechanical equipment shall be shielded to eliminate noise and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties.
b. All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units, trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely shielded to eliminate noise and screened from surrounding properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building.
c. Ground-mounted mechanical or electrical equipment shall be screened using a combination of elements including solid masonry walls, berms, and landscaping. Screening wall shall be designed to be architecturally compatible with the building design. All new and existing utility service connections within the boundaries of the development site shall be placed underground.
d. Trash receptacles and adequate areas for collecting and loading recyclable materials shall be incorporated into the building design, located in garages, and/or enclosed by a six-foot high masonry wall with view-obscuring gates and screened with vegetation. The finish materials and colors of an exterior enclosure shall match the exterior building materials. No trash receptacle and areas for collecting and loading recyclable materials shall face a property line shared with an 32 May 16, 2022 Item 12
Ordinance No. 979

adjacent parcel developed with an existing single dwelling unit or duplex residential use.
e. Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from public view. Substitutions such as masonry, wood, or metal pilasters with wrought iron or chain link and view-obscuring material must be harmonious with exterior building materials.
f. Any gutters, scuppers, or downspouts proposed on the exterior of a building shall be decorative or designed to be integrated with the building façade.
(4) Site and Landscape Standards.
a. Hardscape shall be limited to no more than 20 percent of front yard and street side yard setbacks, including driveways and drive aisles. b. Screening plants shall buffer privacy encroaching views in at least 75% of the intended area, with species selected to reach this standard within one-year of planting. Grasses and deciduous plants shall not be used for screening purposes.
c. For screening purposes, any new trees shall be provided at a minimum 24-inch box size and any new shrubs shall be provided at a minimum five-gallon size.
d. New trees shall be regionally native or selected from the City of Del Mar’s Recommended Tree List.
e. Only regionally native species shall be planted within steep slope setback areas and wetland buffer areas.
(5) Parking.
a. Parking shall be provided in accordance with DMMC Chapter 38.80. b. Garage parking shall be required in accordance with the provisions of DMMC Chapter 30.80, unless accommodation without a garage enclosure is necessary to meet the minimum density range to provide affordable units.
c. When garage parking is not required per the exception listed in Section 30.92.040.B-5(b), required parking areas/spaces shall be:
i. Located at the rear of the development site and screened from public view by the dwelling unit structure(s) and/or landscape screening; or
33 May 16, 2022 Item 12
Ordinance No. 979

ii. Located at grade, situated beneath dwelling units and screened from view along fronting streets by architectural and/or landscaping features.
d. Private drive aisles accessing parking shall be located at the rear or side of a property to avoid excessive curb cuts and maximize landscaping at the street frontage.
e. Curb cuts shall be located to maximize sight distances for motorists, bicycles and pedestrians entering or exiting the property, crossing the driveways, and to limit interference with off-site circulation, parking, and safety. Any vegetation proposed to be planted adjacent to a driveway shall be selected and located so as to maintain adequate sight lines to and from the property, and along the property frontage to the public street(s) and intersection(s).
f. Driveway slope angles shall not exceed 15%.
g. Open-sided parking coverings that contain solar collectors/panels shall not be calculated towards maximum allowed Lot Coverage.

H. Surface parking areas shall be separated from a building with both a raised pedestrian sidewalk (minimum four feet in width) and a landscape strip (minimum eight feet in width).
(6) Exterior Lighting.
a. All exterior lighting shall be low intensity and directed downward, below the horizontal plane of the fixture, to prevent objectionable brightness or light trespass onto adjacent properties. The source of the light bulb must not be visible from adjacent properties or public rights of way. Natural gas lighting shall not be allowed. b. Fixtures must be “Full Cut Off” designated or “Fully Shielded” fixtures, so that no light is emitted above the lowest light emitting part of the fixture. Shielded and unshielded up-lighting shall not be allowed.
c. Light fixtures shall be located no closer to the property line than four times the mounting height of the fixture, and shall not exceed the height of adjacent off-site structures.
d. Focused flood lighting may be allowed for security purposes but shall be mounted to be downward directed only, shall be located no higher than the first story, and shall utilize motion-sensor activation at all times.
34 May 16, 2022 Item 12
Ordinance No. 979

e. Accent lighting used only for highlighting architectural features (e.g., “wall washing”) shall not be allowed.
f. Pole-mounted lights shall not be allowed unless the lighting source is entirely screened from public view from a public street or shielded in a courtyard or interior portion of a multiple-dwelling unit complex and light is shielded from any adjacent parcel developed with an existing single dwelling unit or duplex residential use.

30.92.050 Mitigation, Monitoring, and Reporting.

All proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be subject to the following objective standard protocols for mitigation, monitoring, and reporting as necessary to avoid a significant impact to the environment in accordance with applicable State and Federal laws.

A. Cultural Resources.
(1) Historic Resources.
a. Where development would involve the alteration or demolition of a structure greater than 50 years old, a historic evaluation by a Secretary of Interior's Standards for Architectural Historian or Historic Architect shall be provided to determine if the resource meets the definition of a Historic Resource as defined in CEQA Guidelines Section 15064.5. If the structure is determined to be a Historic Resource, any proposed alteration shall follow mitigation guidelines contained in CEQA Guidelines Section 15126.4(b).

Mitigation standards may include, but are not limited to avoidance and preservation, conducting alterations in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (including as applicable, standards for Preservation, Rehabilitation, Restoration and Reconstruction), and documenting resources. The approach to comply with these standards shall be prepared by an Architectural Historian or Historic Architect and provided to the City.
b. Demolition and/or significant diminution of designated historic landmarks shall be prohibited.
(2) Native American Consultation.

Upon receipt of a development proponent’s preliminary application, the City shall request consultation regarding the proposed development with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public 35 May 16, 2022 Item 12
Ordinance No. 979

Resources Code, and contact the Native American Heritage Commission for assistance in identifying any California Native American Tribe. The City shall provide formal notice for each Tribe traditionally and culturally affiliated with the geographic area of the project site including the location and a description of the proposed development, and an invitation to engage in scoping consultation. Each Tribe that receives this notice has 30 calendar days to accept the invitation to engage in consultation. The local government must initiate consultation within 30 calendar days of a Tribe’s acceptance of the invitation to engage in consultation. Consultation occurs between the City and the tribe(s) and must comply with the confidentiality requirements. Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site (Government Code §65913.4(b)(2)(D)(i)), or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved (Government Code §65913.4(b)(2)(D)(ii)).
(3) Archaeological Survey.
a. Where a site has been disturbed from prior development or grading activities, eliminating the possibility of surface archaeological resources to be encountered, an archaeological survey shall not be required.
b. For all other sites, an archaeological survey report shall be submitted by a Registered Professional Archaeologist.
i. The survey report shall include a record search of known archaeological resources and document results of the field survey including any resources encountered.
ii. If the surveys find the potential for significant resources, the Registered Professional Archaeologist shall develop and implement an archaeological testing program. The testing program shall be adequate to allow a determination of
significance pursuant to CEQA Guidelines Section 15064.5(b) and shall include a Native American monitor. Shall the testing find significant resources are present, a mitigation program shall be implemented consistent with CEQA Guidelines
Section 15126.4(b)(3). Mitigation may include, but is not limited to, conservation and protection of the site in perpetuity, implementation of a data recovery plan, or other on-site preservation methods such as capping.
iii. A Native American monitor shall be consulted regarding the proposed mitigation plan. If there is disagreement regarding the culturally affiliated tribal government, the Native American 36 May 16, 2022 Item 12
Ordinance No. 979

Heritage Commission shall be consulted. All reports,
methods, testing programs, curation, and other aspects of the archaeological investigation shall follow the Secretary of the Interior’s Guidelines for Archaeological Documentation. (4) Archaeological and Native American Monitoring.
a. Archaeological monitoring is required in accordance with Section

30.92.050(A)(3)(b), unless a Registered Professional Archaeologist and Native American Monitor provide written recommendation that monitoring is not recommended.
b. Prior to the start of any ground-disturbing activity, an archaeological and Native American monitor shall be retained to monitor grounddisturbing activities including, but not limited to, grading, excavation, brush clearance, and grubbing. The archaeological monitor shall conduct preconstruction cultural resources worker sensitivity training to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery.
c. The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and the Native American Monitor. Initially, all ground-disturbing activities shall be monitored. However, the qualified archaeologist, based on observations of soil stratigraphy or other factors, and in consultation with the City and the Native American Monitor, may reduce the level of monitoring as warranted.
d. In the event that archaeological resources are accidently discovered or unearthed during construction activities, all earth-disturbing work within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist has identified and evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f). Construction activities shall be redirected to other work areas until the archaeologist determines that work can resume in the vicinity of the find. If the artifact that is accidentally discovered or unearthed is of Native American origin, the certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources shall be consulted for identification and evaluation. If the discovery is determined significant, a data recovery program or other treatment method determined in consultation with the City and Native American with knowledge of the cultural resources, if applicable, shall be implemented in order to mitigate impacts to the resource. e. In the event that human remains are discovered or unearthed during construction activities, all earth-disturbing work within a 25-meter 37 May 16, 2022 Item 12
Ordinance No. 979

radius of the human remains shall be temporarily suspended or redirected and the county coroner must be contacted as required by California Health and Safety Code Section 7050.5. If the remains are determined by the coroner to be Native American in origin, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours. California PRC Sections 5097.94 and 5097.98 require consultation with the NAHC, protection of Native American remains, and notification of most likely descendants to ensure the appropriate and dignified treatment of Native American human remains and any associated grave goods.

B. Biological Resources.
(1) The applicant shall provide information with the development application detailing the biological resources present on-site including identification of jurisdictional resources such as State or Federal wetland, environmentally sensitive habitat area (as defined in DMMC Section 30.75.030). If wetlands are present as defined in DMMC Section 30.53.030, a jurisdictional wetland delineation shall be provided. If there is a potential for sensitive plant or wildlife species to be present, applicable protocol surveys shall be conducted.
(2) If wetlands are present on-site the project design shall ensure wetlands are preserved and where appropriate restored, along with a minimum 100-foot wetland buffer. If wetlands are located off-site, a 100-foot wetland buffer shall be provided from the edge of the off-site wetland to the edge of the development footprint. The wetland buffer may be reduced to no less than 50-feet with written concurrence from the California Department of Fish and Wildlife (CDFW). Permitted uses in wetlands are specified in DMMC Section 30.53.080. Wetland buffers shall be consistent with DMMC Section

30.53.090. Public access to wetlands and wetland buffer areas shall be restricted as necessary to maintain the biological productivity of the wetland.

This may be accomplished by landscape berms, fencing, or other suitable barriers.
(3) Sensitive habitat areas (including wetlands and wetland buffers) shall be retained or restored to their natural state to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation.

Prior to the issuance of Certificate(s) of Occupancy, protected habitat areas shall be preserved through recordation of an open space deed restriction, conservation easement, or open space easement over the protected area(s) to ensure their protection and to serve notice to the property owner, subsequent owners or interested parties of the restrictions in effect on such property.
(4) Impacts to Environmentally Sensitive Habitat Areas shall be avoided to the maximum extent feasible. Where impacts cannot be avoided, the applicant 38 May 16, 2022 Item 12
Ordinance No. 979

shall identify and implement the mechanism(s) proposed to offset impacts, which may include one or more of the following:
a. Implementation of on-site restoration, including a monitoring and long-term management component.
b. Conservation of habitat on-site.
c. Purchase of habitat credits at an off-site mitigation bank if onsite restoration and/or conservation of habitat on-site is deemed not suitable by a qualified biologist due to site constraints and/or vegetation.
(5) Removal of protected trees as defined in DMMC Section 23.50.020(E) shall be replaced consistent with the ratios provided in DMMC Section 23.50.090 or through payment into the City’s Tree Mitigation Fund if on-site replacement is deemed not suitable by a qualified arborist due to site constraints and/or vegetation.
(6) The clearing and grading of trees and shrubs shall occur outside of the avian and raptor breeding season of January 1 through August 31 to avoid damage to nests and nesting birds consistent with the Migratory Bird Treaty Act. If clearing and grading during the avian breeding season is proposed, then a focused nest survey shall be conducted by a qualified biologist 72 hours prior to the vegetation removal. If active nests are discovered during the nest survey, those nests shall be avoided until the young have fledged.

The qualified biologist shall recommend appropriate nest setback distances to be implemented during construction that are based on the species of bird and applicability of noise attenuation measures, the topography between the nest and the proposed disturbance activity, and the surrounding vegetation.
(7) Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures shall be implemented. If project-related work is to occur during the breeding season for California gnatcatcher (February 15 through August 31), pre-construction protocollevel surveys for California gnatcatcher shall be performed to determine the status of breeding California gnatcatchers on site and within 500 feet of the site. If a nesting California gnatcatcher pair is detected on site or within 500 feet of the site, noise attenuation measures shall be implemented to ensure that ambient noise levels are equal to or less than 60 decibels at the nest.

Nest monitoring by an individual holding a Section 10(a) U.S. Fish and Wildlife Service recovery permit for California gnatcatcher shall be conducted to ensure that the nesting California gnatcatchers remain undisturbed by construction.
39 May 16, 2022 Item 12
Ordinance No. 979

(8) Where landscaping or revegetation is proposed in proximity to native vegetation on- or off-site, the landscaping and/or revegetation plan shall not include any invasive plant species listed on the California Invasive Plant Council’s Invasive Plant Inventory Database.

C. Noise.
(1) Construction Noise. The applicant shall provide a construction noise mitigation program to the City that demonstrates how construction activities will comply with DMMC Section 9.20.050. Construction noise reduction measures may include, but are not limited to the following:
a. Temporary sound barriers/shielding adjacent to sensitive receivers.

The required location, height, and materials of the barrier shall be specified.
b. Siting of staging areas, stationary noise sources, and other noise generators away from sensitive receivers.
c. Reduction of construction equipment idling time and fitting of construction equipment with noise reducing devices.
d. Resident notification of construction schedule.
(2) On-site Noise.
a. Project designs shall ensure all outdoor noise generating equipment is shielded to provide noise attenuation to achieve noise level limits at the nearest property line consistent with DMMC Section 9.20.040 - Sound Level Limits.
b. Project outdoor use areas shall be shielded from roadway noise through building attenuation or other methods.

D. Paleontological Resources.
(1) Applicants shall be required to provide the following supporting information as part of a development application to determine applicability of this section:
a. The types and depth of geological formations present. b. The paleontological sensitivity of each geologic formation. c. Proposed grading depths into each formation.
(2) Any project that requires disturbance into high or moderate sensitivity paleontological formations shall be required to provide a paleontological 40 May 16, 2022 Item 12
Ordinance No. 979

monitor during ground disturbing activities. The requirement shall be as follows:
a. A qualified paleontologist (an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the County for a least one year) shall attend the preconstruction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. b. A paleontological monitor (an individual who has experience in the collection and salvage of fossil materials, working under the direction of a qualified paleontologist) shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils.
c. Grading activities in previously undisturbed deposits of moderate paleontological resource potential shall be monitored on a part-time basis. In the event that paleontological resources are discovered or unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until a certified paleontologist has recovered, identified, and/or evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f). After the find has been appropriately mitigated, work in the area may resume. d. During the monitoring and recovery phases of the mitigation program, the qualified paleontologist and/or the paleontological monitor shall routinely collect stratigraphic data (e.g., lithology, vertical thickness, lateral extent of strata, nature of upper and lower contacts, and taphonomic character of exposed strata). Collection of such data is critical for providing a stratigraphic context for any recovered fossils.
e. Fossil remains collected during monitoring and salvage shall be cleaned (removal of extraneous enclosing sedimentary rock material), repaired (consolidation of fragile fossils and gluing together broken pieces), sorted (separating fossils of the different species), and cataloged (scientific identification of species, assignment of inventory tracking numbers, and recording of these numbers in a computerized collection database) as part of the mitigation program. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological 41 May 16, 2022 Item 12
Ordinance No. 979

collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for preparation, curation, and initial specimen storage, if this work has not already been completed.
f. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.

E. Public Views.

Projects shall be designed to ensure that no primary scenic views or scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan.

F. Steep Slopes.

Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except as specified in DMMC Section 30.52.060(A).

G. Wildfire.

To ensure protection of the public health and safety from wildfire, all development within or adjacent to a “Very High” or “High” Fire Hazard Severity Zone shall be required to incorporate enhanced fire safety measures consistent with the State Fire Code and Building Code to the satisfaction of the Fire Marshall and Building Official.

SECTION TWO: That DMMC Section 30.75.080 (Coastal Development Permits Issued by the City) be amended to read as follows:

30.75.080 Coastal Development Permits Issued by the City – Issuing Authority, Public Hearing Required
A. through D. [No change]
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:

1. through 3. [No change]
42 May 16, 2022 Item 12
Ordinance No. 979

4. Applications for by-right multiple dwelling unit development in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.

SECTION THREE: That the City of Del Mar Local Coastal Program (LCP) be amended to incorporate the new DMMC Zoning Chapter 30.92 Housing Element Implementation Overlay Zone as identified in Section One of this Ordinance and to reflect the ancillary amendment to existing Section 30.75.080 (Coastal Development Permits Issued by the City) that clarifies the by-right local permit process that applies in the Housing Element Implementation Overlay Zone pursuant to State law.

SECTION FOUR: That the City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) to facilitate the implementation of Government Code Section 65583.2 (h) and (i) pursuant to State Housing law. CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code.

Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include a corollary amendment to the City’s Municipal Code (Zoning).

The future application of the Overlay Zone to certain parcels as required by the City’s Housing Element to implement Government Code Section 65583.2 (h) and (i), including 5th Cycle Program 2G for multiple-dwelling residential use on two vacant parcels in the North Commercial Zone that requires the City Council’s discretionary approval resulting in a physical change to the environment, will be analyzed in accordance with CEQA prior to such approval.

SECTION FIVE: This Ordinance was introduced by the City Council on March 25, 2021.

SECTION SIX: 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 the votes cast.

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

SECTION EIGHT: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development by April 15, 2021.

SECTION NINE: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby 43 May 16, 2022 Item 12
Ordinance No. 979

declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for certification.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 5
th day April 2021.
________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
44 May 16, 2022 Item 12
Ordinance No. 979

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. 979, 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 5
th day of April, 2021, by the following vote:

AYES: Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker and Quirk
NOES: None
ABSENT: None
ABSTAIN: Council Member Martinez
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
45 May 16, 2022 Item 12
ORDINANCE NO. 980

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, REZONING REAL PROPERTY IDENTIFIED
AS ASSESSORS PARCEL NUMBERS 299-100-47 AND 299-100-
48 LOCATED IN THE NORTH COMMERCIAL ZONE TO APPLY

THE HOUSING ELEMENT IMPLEMENTATION OVERLAY ZONE

AS NECESSARY TO IMPLEMENT REQUIRED CITY OF DEL
MAR 5
TH CYCLE HOUSING ELEMENT PROGRAM 2G PER

STATE HOUSING LAW AND AMENDING ZONING CHAPTER

30.92 TO REFLECT THE REZONE ACTION
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program as reflected in the existing 5th Cycle Housing Element Program 2G due to the City’s failed progress during the City’s 4
th Cycle Housing Element planning period; and
WHEREAS, State law requires the City complete implementation of the required Program 2G rezone action by April 15, 2021, which is the end of the 5th Cycle planning period, in order to avoid enforcement penalties set forth in the Government Code; and WHEREAS, 5th Cycle Housing Element Program 2G requires the City to rezone APNs 299-100-47 and 299-100-48 located in the North Commercial Zone to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component; and
WHEREAS, the proposed rezone is necessary to comply with State Housing law; and
WHEREAS, on January 12, 2021, the Planning Commission unanimously recommended that the City Council proceed with timely approval to bring the City into compliance with State law and minimize the City’s risk of State penalties, fiscal impacts, and associated negative consequences due to its current status in violation of State law; and
On March 15, 2021, the City Council adopted a Community Plan Amendment (Resolution 2021-12) amending the North Commercial land use designation to allow multiple-dwelling unit residential as an allowed primary use. This effectively completed the General (Community) Plan component of Program 2G. The City Council acknowledged that the required Program 2G zoning and rezone actions (to apply the required density of 20-25 du/ac and “by right” processing provisions to the two vacant parcels) were remaining 5th Cycle actions that would be considered at a Special Meeting of the City Council on March 25, 2021; and
Attachment C
46 May 16, 2022 Item 12
Ordinance No. 980

WHEREAS, on March 25, 2021, the City Council introduced Ordinance No. 979 adding Chapter 30.92 to the Del Mar Municipal Code (DMMC) to create a new Housing Element Implementation Overlay Zone (HEI-OZ) to use an overlay zoning tool to be applied to real property through future rezone actions at the discretion of the City Council when necessary to implement required City Housing Element programs per State law.

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

SECTION ONE: That Assessor Parcel Numbers (APNs) 299-100-47 and 299-100-48 located in the North Commercial Zone (base zone), and as shown on “Exhibit A”, shall be rezoned to apply the HEI-OZ as regulated pursuant to prospective DMMC Chapter 30.92.

SECTION TWO: That DMMC Chapter 30.92 (HEI-OZ) be amended to read as follows:

30.92.020 Areas of Applicability.

The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:

APN Location Housing Element Program Description Base Zone 299-100-47-00
299-100-48-00
5 th Cycle Program 2-G – Two Parcels further described
in DMMC Section 30.92.030(E)
North Commercial
(NC)

30.92.030 Process for Permit Approval.

E. 5
th Cycle Housing Element – Housing Program 2-G.

Pursuant to Government Code Sections 65583(c)(1)(A) and 65583.2(h) and (i), the City will rezone two adjacent vacant parcels at the south corner of Jimmy Durante Boulevard and San Dieguito Drive, roughly 2.3 acres in size in the NC Zone, to allow, “by right”, residential development of the properties at a density of 20-25 du/ac with such density allowance to include a requirement for a percentage of the residential units to be available, long-term, at affordable rates, either through dedication to a non-profit housing advocacy organization or through deed restrictions for no less than the minimum duration required under state housing law applicable to affordable dwelling units. City Council adopted Rezone RP 20- 001 on April 5, 2021 (Ordinance 979).

SECTION THREE: That the City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the 47 May 16, 2022 Item 12
Ordinance No. 980

California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code. Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include corollary amendments to the City’s Municipal Code (Zoning).

Notwithstanding the applicability of the Statutory Exemption, future development of the two parcels included in 5
th Cycle Housing Element Program 2G for multiple-dwelling residential use as affected by the proposed actions have been the subject of prior environmental analysis including the Final Program Environmental Impact Report (PEIR) for the Professional Commercial and North Commercial Zoning Code Amendment (SCH #2019029058) certified by the City Council on September 8, 2020 (Resolution 2020-47) and the 6th Cycle Housing Element Update Final PEIR (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52). Anticipated impacts for the proposed actions have been disclosed in these prior environmental documents and the HEI-OZ incorporates standard Mitigation Monitoring and Reporting protocols (see DMMC Section 30.92.050) to ensure impacts are minimized consistent with prior environmental documents. No new or substantially greater impacts would result from application of the HEI-OZ to the two parcels included in 5
th Cycle Housing Element 2G.

As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIRs referenced above, the proposed actions do not require further environmental review. Pursuant to CEQA Guidelines Section 15162(b), no further analysis or environmental documentation is necessary. Accordingly and notwithstanding the applicability of the Statutory Exemption referenced above, the proposed actions are merely a step in furtherance of the original programs for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

SECTION FOUR: This Ordinance was introduced by the City Council on March 25, 2021.

SECTION FIVE: 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 the votes cast.

SECTION SIX: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment (LCPA 20-003).

The Ordinance will take effect and be in force on the date the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.

SECTION SEVEN: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development by April 15, 2021.

SECTION EIGHT: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and 48 May 16, 2022 Item 12
Ordinance No. 980

enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for certification.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 5
th day April 2021.
________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
49 May 16, 2022 Item 12
Ordinance No. 980

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. 980, 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 5
th day of April, 2021, by the following vote:

AYES: Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker and Quirk
NOES: None
ABSENT: None
ABSTAIN: Council Member Martinez
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
50 May 16, 2022 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Environmental Sustainability and Special Projects Manager Kristen M. Crane, Assistant City Manager
Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Consideration of a Request for a Letter of Support for Senate Bill 1105 (Hueso):

San Diego Regional Equitable and Environmentally Friendly Housing Act REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council consider a request for a letter of support for Senate Bill 1105 (Hueso), the San Diego Regional Equitable and Environmentally Friendly Housing Act (S.D. REEF Act) from San Diego County Supervisor Terra Lawson-Remer.

BACKGROUND:

California State Senator Ben Hueso has introduced Senate Bill (SB) 1105, the San Diego Regional Equitable and Environmentally Friendly Housing Act, also known as the S.D. REEF Act. According to a fact sheet provided by Senator Hueso’s office (Attachment A), SB 1105 would establish the San Diego Region Equitable and Environmentally Friendly Housing Agency (Agency) to coordinate and execute a regional plan to increase affordable housing options throughout San Diego County. SB 1105 would give the Agency the authority to generate funds as necessary to carry out options that mitigation the housing crisis in San Diego County. Senator Hueso’s office contends that a regional approach to San Diego’s housing crisis is needed, and that existing local efforts would benefit from a multi-stakeholder, countywide agency that could help coordinate and distribute additional resources to manage the high cost of housing.

As currently amended, SB 1105 states that the Agency’s purpose is to increase the supply of equitable and environmentally friendly housing in the County of San Diego by providing for significantly enhanced funding and technical assistance across the regional level for equitable and environmentally friendly housing projects and programs, equitable housing preservation, and rental protection programs. The bill would require a board composed of six (6) voting members who are primary or alternate members of the San Diego Association of Governments (SANDAG), to govern the Agency. A copy of the current bill can be found at:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1105. 1 May 16, 2022 Item 13
City Council Agenda Report
Request for SB 1105 Letter of Support
May 16, 2022

SB 1105 would authorize the Agency to, among other things, incur and issue indebtedness, place various measures on the ballot in the County of San Diego and its incorporated cities to raise and allocate funds, in accordance with applicable constitutional requirements, and to issue general obligation bonds secured by the levy of ad valorem property taxes, for purposes of producing and preserving equitable and environmentally friendly housing and supporting rental protection activities. SB 1105 would authorize the Agency to place on the ballot for voter approval a parcel tax, gross receipts business license tax, special business tax, documentary transfer tax, and a commercial linkage fee, as defined in the bill’s text. The bill would require that revenue generated by the Agency pursuant to voter approval be used for specified housing purposes and require the Agency to distribute those funds in accordance with specified requirements and subject to a specified priority. Finally, the bill would require the board to provide for regular financial audits of the Agency’s accounts and records and to provide for financial reports.

DISCUSSION:

County Board of Supervisor Terra Lawson-Remer supports SB 1105 and recently reached out to the City, via the Mayor, to request a letter of support for SB 1105. Staff reviewed the City’s adopted Legislative Policy Guidelines and noted that the bill is consistent with several of the guidelines, including those that support legislation that: 1) would stabilize local government financing; 2) increase revenues or improve local government’s ability to generate revenue; and 3) allow local governments flexibility in how they meet their state-mandated housing goals.

Although SB 1105 appears to support the City’s legislative platform, staff recommends a discussion and consideration by the full City Council because the bill would create a new regional agency with the authority to raise and allocate housing funds through a variety of bonds and taxes. If the City Council would like to send a letter of support, Supervisor Terra Lawson-Remer’s office provided the attached template (Attachment B) for staff to use as a starting point.

FISCAL IMPACT:

There is no fiscal impact to the City associated with the recommended action for this 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:

The recommended action is operational and is not a special project on the City Council’s list of goals and priorities.

ATTACHMENTS:

Attachment A – SB 1105 Fact Sheet
Attachment B – SB 1105 Letter of Support Template
2 May 16, 2022 Item 13
SB XXX (Hueso) – Revised on /XX/22
SB 1105: San Diego Regional
Equitable and Environmentally Friendly Housing Act (S.D. REEF Act) Summary
SB 1105 (Hueso) would establish the San Diego
Regional Equitable and Environmentally Friendly
Housing Agency in order to coordinate and execute a
regional plan to increase affordable housing options
throughout San Diego County. The bill would give the
agency authority to generate funds as necessary to carry out operations that mitigate the housing crisis in San
Diego County.

Background
California’s incredibly low housing production relative to its high demand has contributed to a clear and
pressing housing crisis. The state as a whole has
consistently failed to meet annual production goals to
tackle higher home and rent prices, and according to
the LAO, the state should have been producing about
90,000 more units annually over the past several
decades to keep up with demand. Unfortunately,
production has slowed even more in the last decade,
especially in expensive coastal areas like San Francisco, Los Angeles, and San Diego.

According to recent Regional Housing Needs
Allocation (RHNA) assessments, the San Diego region
is facing a housing shortage of 90,000 units, and
requires another 90,000 homes by 2030 just to keep up
with its population growth. This has increased prices,
forcing folks to move further away from cities, and
worsening traffic, congestion, pollution, and overall
quality of life. Although all San Diegans are feeling the costs of this housing shortage, these continuous issues disproportionately affect people of color as they bear
the burden of lower average wages and higher
homelessness rates. The links between the housing
crisis and the climate crisis are undeniable, and they call for regional efforts that tackle both simultaneously,
while emphasizing equitable distribution of resources
for low-income housing.

Why this bill is needed
Although the entirety of California is facing this
housing crisis, regional approaches to these issues may work best, as local governments can focus on what
factors are most pressing in each sector of California’s vast landscape. For San Diego County specifically, all
the existing local efforts would benefit greatly from a multi-stakeholder countywide agency that could help
coordinate and distribute additional resources that best manage the high cost of housing. Since the San Diego
Association of Governments (SANDAG) already
serves as the forum for regional decision making for
the San Diego region, it can also naturally serve as the authorizing entity for the purposes of this agency.

Giving this agency the ability to generate new funds for affordable housing developments, local staffing and
technical support, and assistance programs would help
the County tackle the issue on a larger scale more
efficiently.

By establishing the San Diego Regional Equitable and
Environmentally Friendly Housing Agency, San Diego
County can benefit from coordinating efforts across all areas to best utilize resources and tackle the housing
crisis more equitably. This will help guarantee that as every new housing project is completed, it has the
greatest positive impact in the region to lessen the
financial and environmental burdens of the most
vulnerable San Diegans.

Support:__________________________________
San Diego County Supervisor Terra Lawson-Remer
Staff Contact
Elmer Lizardi, Legislative Aide
[email protected] / (916) 651-4040
3 May 16, 2022 Item 13
<INSERT LETTERHEAD>
Please submit letter to: https://calegislation.lc.ca.gov/Advocates/faces/index.xhtml <Month Day>, 2022
Honorable Anna Caballero
Chair, Senate Governance & Finance Committee
State Capitol Office
1021 O Street, Suite 7620
Sacramento, CA 95814
Re: SB 1105 (Hueso) - SUPPORT
Dear Senator Caballero,
I am writing to express support for SB 1105: San Diego Regional Equitable and Environmentally Friendly Housing Finance Agency. This bill will strengthen the San Diego region by providing more affordable homes for working and middle-class families and ensure that all residents have a safe, stable, affordable place to call home. I applaud the leadership on this effort to date and urge your support on this important bill.

I am pleased to join a diverse group of local stakeholders who recognize the urgent need to build more of the right kind of housing. I urge you to sign SB 1105 for the following reasons:

A Regional Approach for Our Regional Challenges
Through the Regional Housing Needs Assessment process (RHNA), the San Diego region was instructed to plan for nearly 100,000 homes by 2029 affordable to low-and moderate-income households. Despite the strong commitment from cities across the region, we are still only producing enough affordable homes to meet 12% of the need. This housing shortfall is regional in nature and too great to be fully addressed individually by any one of our 18 incorporated cities. However, the current process is anything but regional: instead, each city is each responsible for finding budgetary funds to deliver on our daunting affordability goals. SB 1105 provides for a coordinated regional strategy and opportunities to leverage new funding to increase affordable housing.

Building the Right Housing in the Right Places
The housing crisis is fundamentally connected to the climate crisis. As housing prices increase, San Diegans are forced to move further away, leading to worsening traffic, more carbon pollution, and the acceleration of the climate emergency. SB 1105 will enable our region to build 4 May 16, 2022 Item 13
more equitable and inclusive housing near jobs, amenities, and transportation infrastructrure in order to protecting our climate and prevent paving over our open spaces and natural ecosystems.

Supporting a Strong Regional Economy
SB 1105 will strengthen our regional economy, kickstarting the production of thousands of new affordable homes and providing good jobs for working families. Further, we desperately need an abundance of low and middle-income housing, and first-time homeownership opportunities, to address the cost of living concerns facing our small businesses and regional economy.

Creating Good Jobs for Working Families
We are working together to update and improve the language in the bill regarding labor standards, and we are confident that the ultimate bill version that is brought forward will have strong labor standards, so that the investments made in building housing will also create good jobs for working and middle class San Diegans.

For these reasons, I urge you to support SB 1105 and make housing security and affordability a reality for all San Diego residents. I appreciate your continued leadership on this issue and remain committed to working with state and local stakeholders to find solutions to our housing challenges.

Sincerely,
[Your Name, Title, and Organization]
CC:

The Honorable Jim Nielsen, Member of the State Senate
The Honorable Maria Elena Durazo, Member of the State Senate The Honorable Robert M. Hertzberg, Member of the State Senate The Honorable Scott D. Wiener, Member of the State Senate The Honorable Ben Hueso, Member of the State Senate
5 May 16, 2022 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Falk, Principal Engineer
Via Ashley Jones, City Manager
DATE: May 16, 2022
SUBJECT: Informational Summary of Draft Initial Study/Mitigated Negative Declaration for the Camino Del Mar Bridge Replacement Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council receive the informational report that summarizes the findings of the draft Initial Study/Mitigated Negative Declaration (MND) environmental document prepared for the Camino del Mar Bridge Replacement Project.

DISCUSSION/ANALYSIS:

The Camino del Mar Bridge Replacement Project is a special project on the City’s 10- year Capital Improvement Program (CIP) that would replace the existing roadway bridge over the San Dieguito Lagoon. Replacement of the existing bridge is necessary because it was determined to be structurally deficient (Final Rehabilitation Strategy Report 2012).

The project will maintain critical north-south access and improve public safety in consideration of potential flooding, projected sea level rise, and other potential hazard conditions. It has required a major capital investment from the City and multiple years of planning and coordination with public agencies at the federal, state, and local levels. A significant portion of the project funding is being provided via the Federal Highway Bridge Program. The project is currently in the environmental review stage.

Project Description
The project location includes the existing Camino del Mar Bridge over the Floodway/San Dieguito Lagoon and adjacent streets in the vicinity including Camino del Mar between Via de la Valle (north of bridge) and Sandy Lane/29th Street (south of bridge). The project would improve two-way access for pedestrians, bicycles, and vehicles in comparison to existing conditions as well as incorporate adaptive design measures to improve the reliability of future access in this location in consideration of projected future coastal hazard conditions. There would continue to be only one northbound and one southbound vehicle traffic lane, which means there would be no overall increase in vehicle capacity.

Northbound and southbound bicycle access would be delineated from vehicle lanes by a striped buffer. Northbound and southbound pedestrian access would be provided on 1 May 16, 2022 Item 14
City Council Agenda Report
Camino del Mar Bridge Draft MND
May 16, 2022

sidewalks along the outer edges of the bridge with concrete curbs and metal hand railings to separate the pedestrians from the bicycle and vehicle travel lanes. As an additional amenity, it is anticipated that two pedestrian lookout points may be incorporated into the westerly side of the bridge to provide public viewing of the beach and Pacific Ocean.

The project proposes a five-span, cast-in-place, pre-stressed concrete box girder bridge in the same horizontal alignment as the existing bridge. The proposed bridge would be slightly longer (increase of 28.2 ft. in length), wider (increase of 7.5 ft in width), and higher (increase of 7.7 ft. in height) than the existing bridge. The proposed bridge foundation consists of two abutments and four piers supported by columns and piles. This represents a reduction in the number of piers in the lagoon, which has associated environmental benefits.

The bridge crosses the Floodway and San Dieguito Lagoon, which are mapped by the Federal Emergency Management Agency (FEMA) as 100-year special flood hazard areas within the floodplain that are subject to tidal circulation and related functions from the ocean and San Dieguito River. The proposed increase in bridge height was necessary to accommodate projected sea level rise by increasing the mid span by 7.7 ft. in height, the southern abutment by 2.76 ft in height, and the northern abutment by 1.16 ft. in height.

The bridge will be high enough so that the bottom of the bridge is able to withstand a 50- year flood event with two feet of freeboard elevation added and a 100-year flood event, which meets Caltrans design requirements. This design also accommodates the midrange sea level rise scenario in accordance with State Guidance, which means the project can withstand a 100-year flood including 38 inches of sea level rise. This aligns with the point in time where the adjoining traffic lanes and neighborhood south of the bridge would still be accessible. At higher elevations of sea level rise, it is projected that the traffic lanes south of the bridge may be flooded. Therefore, in consultation with staff at the Coastal Commission, it was mutually agreed that it does not make sense to evaluate a bridge height that would address the most extreme scenarios (H++) for projected for sea level rise because at that point the connecting land to the south is projected to be flooded.

As proposed, the project is consistent with the City’s Sea Level Rise Adaptation Plan and the Del Mar Community Plan (General Plan).

The tentative construction schedule is estimated to involve the phasing of construction over a 36-month period (January 2025-December 2027). Throughout the construction phase, coastal access and through-traffic would be maintained. The project would involve temporary parking impacts to 54 spaces during construction (31 spaces north of the bridge and 23 spaces south of the bridge) and a permanent loss of four parking spaces to accommodate the new bridge design, including one space located north of the bridge and three spaces located south of the bridge. A Traffic Control Plan would be prepared by a registered traffic engineer and implemented to ensure safe public access will be provided and identify plans for public outreach and emergency response. The phased construction would generally involve five stages to address site preparation, east-side bridge replacement, west-side bridge replacement, closure of the center median, and final improvements. If necessary to accommodate specific construction activities that for safety purposes are not compatible with public use of the bridge, there is some potential for 2 May 16, 2022 Item 14
City Council Agenda Report
Camino del Mar Bridge Draft MND
May 16, 2022

temporary disruption of access in anticipation of the need for up to twelve short-term bridge closures between the hours of 10:00 p.m. and 6:00 a.m.

Summary of Draft Initial Study/MND Findings
A draft Initial Study/MND has been prepared in accordance with the California Environmental Quality Act (CEQA) and is available for public review via the link below:
https://www.delmar.ca.us/Archive.aspx?ADID=1750
Following is a summary of the initial findings of the draft MND:

Aesthetics – The project design includes measures that would reduce visual effects and be consistent with the City’s adopted goal to restore and enhance visual quality in the area and enhance public scenic views of the ocean, including reducing the bridge supports from 10 to 4 and introducing design features that would be visually compatible with the existing setting. The aesthetic considerations of a potential noise barrier also were analyzed and determined to be less than significant. The potential noise barrier southeast of the bridge, if needed, is likely to involve replacement of an existing fence in the same location. Prior to approval and installation of a noise barrier, design review would be required.

One mitigation measure addresses the proposed removal of street canopy trees and lowlying vegetation to accommodate the project footprint. The project requires removal of seven trees and low-lying vegetation (including three Torrey Pines and other species such as lemon bottlebrush) in order to accommodate the replacement bridge improvements.

Six of the seven trees to be removed are located in the Camino del Mar roadway median, and one tree is located southwest of the bridge between the bridge and Sandy Lane. Two new street canopy trees would be installed within “Green Street” tree wells that will provide aesthetic and storm water control-related benefits. Additional mitigation for the loss of street tree canopy will be addressed as needed via the City’s Public Tree/Landscape Management Program. The City Tree Program currently identifies 78 net-new public trees that can be considered for use as mitigation for City projects, which accounts for public trees added in the last five years via various CIP projects (i.e., Civic Center Redevelopment, Court Street Park, and Downtown Streetscape). Therefore, the potential for aesthetic impacts is less than significant.

Biological Resources – The existing, and proposed, bridge structure crosses an environmentally sensitive location with biological resources associated with the San Dieguito River/Lagoon, Pacific Ocean, and Del Mar Beach. However, the proposed construction area primarily involves the existing roadway and existing developed locations. Overall, the project would result in a smaller bridge footprint in the river channel, to the benefit of biological resources, that would result in a net gain in open water and enhanced aquatic functions (i.e., tidal flow, habitat, and biological function and value.) The project was designed to avoid and minimize impacts to sensitive biological resources and wetlands. Impacts to tidal areas beneath and adjacent to the bridge would be 3 May 16, 2022 Item 14
City Council Agenda Report
Camino del Mar Bridge Draft MND
May 16, 2022

temporary and short-term. No impacts to riparian habitat would occur. Six mitigation measures would reduce potential impacts to less than significant as follows:
1) Pre-construction protocol surveys and listed species avoidance measures requiring that a qualified biologist determine the presence or absence of the Belding’s Savannah Sparrow prior to any construction activities during the breeding season (February 15 to June 30).
2) Construction noise abatement measures required during construction activities conducted during the Belding’s Savannah Sparrow breeding season (February 15 to June 30) if the species is found present during pre-construction surveys. 3) Nesting bird and raptor avoidance measures, including avoidance of tree/vegetation removal during the breeding season (January 15 to July 30 for raptors; February 15 to September 30 for other avian species); and a requirement for a pre-construction nesting survey by a qualified biologist prior to activities conducted during the breeding season.
4) Implementation of a habitat restoration plan to address the temporary and permanent impacts to Diegan coastal sage scrub. A total of 0.32 acre of Diegan coastal sage scrub is the anticipated mitigation needed, which can be addressed within the biological study area using habitat that has been mapped as disturbed, non-native vegetation and/or ornamental, or through restoration (on-site or offsite), enhancement, and/or establishment, or the purchase of credits at an approved mitigation bank.
5) Preparation of a pre-construction eelgrass survey to identify whether eelgrass is present within 100 feet of the construction footprint and associated mitigation to achieve no net loss in eelgrass function, as applicable. 6) Requirement to obtain permit approvals from United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) prior to any construction impacts to potentially jurisdictional resources.

Cultural Resources and Tribal Cultural Resources – There are no built environment historic resources that would be affected by the project and no known significant archaeological cultural resources, sacred lands, or Native American cultural resources in the project area of potential affects. However, important cultural resources have been identified in the project vicinity and local tribes have indicated interest in the project. The City conducted tribal consultation as part of the Assembly Bill 52 process, as addressed in the MND. A Monitoring Program and Discovery, Testing, and Treatment Plan mitigation measure is included to require that a qualified archaeologist and Kumeyaay Native American monitor be retained to participate in pre-construction meetings and conduct a cultural resources monitoring program consistent with standard protocols if cultural 4 May 16, 2022 Item 14
City Council Agenda Report
Camino del Mar Bridge Draft MND
May 16, 2022

resources, including tribal cultural resources, are discovered. This measure will reduce potential impacts to less than significant.

Geology and Soils (Paleontological Resources) – There is potential that unique paleontological resources may be discovered during ground disturbing activities, including bridge pile installation. Therefore, two mitigation measures are included to reduce potentially significant effects to less than significant. This includes a requirement for a Paleontological Resources Monitoring and Treatment Plan to address construction monitoring procedures and treatment protocols, and to require that a qualified paleontologist be retained to participate in pre-construction meetings and conduct a paleontological resources monitoring program consistent with standard protocols if resources are discovered. This will reduce potential impacts to less than significant.

Hazards and Hazardous Materials – The project would not introduce new sources of hazardous materials; however, since Camino del Mar is an older roadway, there is potential for discovery of hazards and hazardous materials during construction. This includes the potential for hazardous materials to be encountered during removal of existing pole-mounted transformers; and the potential for elevated concentrations of lead (from use of leaded gasoline), lead based paint and asbestos, and treated wood waste to be present in demolished materials. Therefore, compliance with federal, state, and local guidelines for the treatment and disposal of such materials, and implementation of project-specific mitigation measures would be required to reduce potential impacts to less than significant:
 Require notification of the local utility company for proper testing and removal if it is determined that the existing pole-mounted transformers must be removed.  Require preparation of a survey of asbestos containing materials by a qualified professional prior to the start of construction; and compliance with proper management and disposal requirements for remediation of the hazard if present.  Require preparation of a survey of lead based paint containing materials by a qualified professional prior to the start of construction; and compliance with proper management and disposal requirements for remediation of the hazard if present.

Noise – The MND evaluates the potential effects of construction noise and operational noise and concludes that the project would cause a temporary increase in ambient noise levels during construction and operational noise levels that would exceed exterior noise standards at a nearby residential exterior use area. While the project would not result in increased traffic levels, there is potential for increased traffic noise levels at nearby noisesensitive receptors due to the raised elevation of the new bridge. Additionally, project construction involves vibration-generating components (e.g., pile driving) that may result in impacts should such activities occur within 110 feet of residential dwellings. Standard construction noise best management practices and project-specific mitigation measures would be implemented to reduce the potential for noise impacts to be less than significant:
5 May 16, 2022 Item 14
City Council Agenda Report
Camino del Mar Bridge Draft MND
May 16, 2022

 Preparation of a Construction Noise Management Plan would be required prior to initiation of construction.
 A potential noise barrier is being considered to reduce traffic noise levels that may be experienced at a residential exterior use area located southeast of the bridge where noise standards would be exceeded.
 If a vibratory pile driver is used within 110 feet of residential dwelling units, vibration monitoring would be required at such residential locations that would potentially be affected. Techniques for reduction of the power level and shielding of vibration (i.e., use of trenches) will be used as necessary to reduce vibration levels in compliance with Caltrans standards for avoiding strongly perceptible annoyance.

The remaining environmental factor categories analyzed were determined to be less than significant (or no impact) including: Agriculture and Forestry Resources; Air Quality; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; Recreation; Transportation; Utilities and Service Systems; and Wildfire.

Public comments on the draft MND should be emailed by the deadline on June 3, 2022, to Adriana Jaramishian, Associate Planner at [email protected] The Council will consider adoption of the MND at a future date prior to project approval.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The requested action to receive an informational report is not a project and is exempt from environmental review. A draft Initial Study/MND has been prepared for the project in accordance with CEQA. The roles and responsibilities for preparation of the required environmental documents for the project are assigned to the City and the California Department of Transportation (Caltrans). The City is the lead agency for the project in terms of CEQA compliance and as such is responsible for environmental review, consultation, and other actions required per state law as reflected in the draft MND. The draft MND is available for public review and comment May 5 through June 3, 2022.

Caltrans is the lead agency for the project in terms of NEPA compliance and as such is responsible for environmental review, consultation, and other actions required per federal law (23 United States Code 327). The NEPA document, currently in process of preparation by Caltrans, will be available for public review and comment summer 2022.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Replacement of the Camino del Mar Bridge is a multi-year CIP project/Council priority. 6 May 16, 2022 Item 14