Del Mar City Council
May 16, 2022

Del Mar City Council Meeting Agenda
Del Mar City Hall
1050 Camino del Mar, Del Mar, California
May 16, 2022 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Management Analyst
DATE: May 16, 2022
SUBJECT: Red Dot Item 5: Approval of Fiscal Year 2022-23 Senate Bill 1 Funding for the Annual Pavement Rehabilitation Project
Item 5 on the May 16, 2022, City Council agenda is the approval of Fiscal Year 2022-23 Senate Bill 1 Funding for the annual pavement rehabilitation project. Following the distribution of the Council packet, a higher projected revenue amount was identified. The correct revenue amount for Fiscal Year 2022-23 is $97,060.

The revised Attachment A (Resolution) shall read $97,060 instead of $88,194 in Road Maintenance and Rehabilitation Account funding in Fiscal Year 2022-23 from SB 1. The revised Attachment B (Projected Revenues) is enclosed with this memo.

May 16, 2022 Item 5
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Del Mar (City) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $88,19497,060 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to solicit public input regarding the community’s transportation priorities/project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads and active transportation infrastructure throughout the City this year, as well as many similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and Attachment A
May 16, 2022 Item 5
Resolution No. 2022-XX

WHEREAS, the SB 1 project list and City’s overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, all locations listed are an estimate and have yet to be finalized.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title Project
Description
Project Location(s) Estimated Project
Construction
Schedule
Estimated
Project
Useful Life
FY 2022-23
Citywide
Roadway
Improvements
Project
City of Del Mar
Pavement
Rehabilitation
Program
City Account:

40.7000.7009
Coast Boulevard,
Camino del Mar,
Carmel Valley
Road, Jimmy
Durante
Boulevard, and
minor repairs
throughout the City
Start: 08/22
Completion: 04/23
(based on the
component being
funded with RMRA
funds)
25 years
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 16th day of May, 2022. _____________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
May 16, 2022 Item 5
Resolution No. 2022-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
May 16, 2022 Item 5

ATTACHMENT B
Local Streets and Roads ­ Projected Revenues Fiscal Year 2022­23 Based on State Dept of Finance statewide revenue projectionsEstimated January 2022 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL

SAN DIEGO COUNTY
CARLSBAD 745,195 1,137,569 466,929 1,018,056 10,000 3,377,748 2,632,806 6,010,555 CHULA VISTA 1,770,704 2,703,046 1,102,892 2,419,065 10,000 8,005,708 6,255,972 14,261,680 CORONADO 159,341 243,241 103,615 217,686 5,000 728,882 562,960 1,291,842 DEL MAR 27,472 41,937 21,837 37,531 1,000 129,777 97,060 226,836 EL CAJON 666,108 1,016,840 417,883 910,011 10,000 3,020,842 2,353,389 5,374,231 ENCINITAS 401,879 613,484 254,023 549,032 7,500 1,825,918 1,419,857 3,245,775 ESCONDIDO 978,668 1,493,974 611,716 1,337,018 10,000 4,431,376 3,457,677 7,889,052 IMPERIAL BEACH 179,194 273,546 115,926 244,807 6,000 819,473 633,099 1,452,572 LA MESA 384,388 586,783 243,176 525,136 7,500 1,746,984 1,358,060 3,105,044 LEMON GROVE 169,974 259,472 110,208 232,212 6,000 777,866 600,525 1,378,391 NATIONAL CITY 404,847 618,014 255,864 553,086 7,500 1,839,311 1,430,342 3,269,654 OCEANSIDE 1,140,390 1,740,849 712,007 1,557,956 10,000 5,161,202 4,029,048 9,190,250 POWAY 315,728 481,970 200,597 431,335 6,000 1,435,630 1,115,480 2,551,109 SAN DIEGO 9,103,779 13,897,264 5,650,459 12,437,223 20,000 41,108,726 32,164,043 73,272,768 SAN MARCOS 621,326 948,478 390,112 848,831 7,500 2,816,247 2,195,172 5,011,418 SANTEE 366,465 559,423 232,061 500,650 7,500 1,666,099 1,294,737 2,960,836 SOLANA BEACH 89,210 136,182 60,123 121,875 3,000 410,389 315,182 725,571 VISTA 666,270 1,017,086 417,983 910,231 10,000 3,021,570 2,353,959 5,375,529

SAN FRANCISCO COUNTY
SAN FRANCISCO 5,645,433 8,617,967 2,120,589 7,712,567 20,000 24,116,557 19,945,557 44,062,114

SAN JOAQUIN COUNTY
ESCALON 48,395 73,877 32,216 66,116 2,000 222,604 170,983 393,587 LATHROP 183,897 280,726 108,977 251,233 6,000 830,833 649,716 1,480,549 LODI 443,571 677,128 256,081 605,989 7,500 1,990,269 1,567,156 3,557,425 MANTECA 563,369 860,004 323,946 769,653 7,500 2,524,472 1,990,407 4,514,879 RIPON 105,114 160,460 64,346 143,602 4,000 477,522 371,371 848,892 STOCKTON 2,070,244 3,160,305 1,177,583 2,828,285 10,000 9,246,417 7,314,260 16,560,677 TRACY 636,159 971,121 365,181 869,095 7,500 2,849,055 2,247,576 5,096,632

SAN LUIS OBISPO COUNTY
ARROYO GRANDE 113,262 172,899 84,844 154,734 4,000 529,739 400,160 929,900 ATASCADERO 191,123 291,757 139,869 261,105 6,000 889,854 675,246 1,565,100 EL PASO DE ROBLES 200,478 306,038 146,480 273,886 6,000 932,882 708,299 1,641,180 GROVER BEACH 84,881 129,573 64,786 115,960 3,000 398,200 299,887 698,087 MORRO BAY 66,028 100,795 51,463 90,205 3,000 311,491 233,281 544,771 PISMO BEACH 52,312 79,856 41,769 71,466 2,000 247,402 184,819 432,222 SAN LUIS OBISPO 297,159 453,625 214,806 405,967 6,000 1,377,557 1,049,877 2,427,434 20 January 2022 CaliforniaCityFinance.com Page 12 of 16 May 16, 2022 Item 5
1 Sarah Krietor
From: Laura DeMarco <[email protected]>
Sent: Monday, May 16, 2022 10:35 AM
To: Dwight Worden; Tracy Martinez; Dan Quirk; Terry Gaasterland; David Druker Cc: Ashley Jones; Sarah Krietor; Chelsea Ziskin; Nancy Stoke; Debbie and Brian Church; Dena Harris; Laura Cunitz; Greg Rothnem; Owen Hahn
Subject: Item 10: Opposition to continued suspension of in-person City Council and City advisory commissions, boards and committee meetings
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council Members and Staff,
I urge you to resume in-person meetings for the city council and city advisory commissions, committees, and boards.

All coastal cities in San Diego County offer in-person meetings for its city councils, planning commissions, de-facto design review boards, and other city advisory committees. Neighboring Solana Beach, which has almost the same size city staff as Del Mar, resumed in-person city meetings on April 26.

Our schools and local school boards meet in-person. Every restaurant, shop and business in Del Mar is open. Why isn’t our city?
The “Del Mar Way” of active citizen engagement requires in-person meetings. For example, the current virtual format denies speakers the opportunity to fully advocate for positions that are currently limited to only 3 minutes vs. 9 minutes with time donations from attendees at in-person meetings. It also restricts participation to those who are technologically proficient with good internet connections and computer equipment. This not truly representative of all the citizens of Del Mar.

In addition, how can the city attorney claim that the Winston School’s “epidemic” exclusion clause in their lease with the city, which suspends the lease terms that the city is using to unfairly justify trying to terminate their lease 41 years early, support the city council continually voting for a healthcare “emergency” limiting its own operations because of the COVID-19 pandemic?
In conclusion, please resume in-person meetings and/or offer a hybrid alternative so citizens can more fully participate and engage with policy makers whose decisions impact their lives, family, neighbors, and our entire community.

Thanks for your consideration,
Laura
May 16, 2022 Item 10
May 16, 2022 Item 11
May 16, 2022 Item 11
May 16, 2022 Item 11
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director DATE: May 12, 2022
SUBJECT: Red Dot Item 12: Introduction of an Ordinance to Accept Modifications to the 5
th Cycle Housing Element Program 2G Local Coastal Program Amendment Pursuant to Coastal Commission Action
Item 12 on the May 12, 2022 City Council agenda is a request for introduction of an Ordinance to accept modifications to the City’s 5
th Cycle Housing Element Program 2G
LCPA pursuant to California Coastal Commission (CCC) action taken on May 11, 2022.

Following distribution of the Council packet, the City received the attached CCC Conditional Approval Letter dated May 12, 2022, which confirms the details of the action taken.

It was discovered that there are two administrative errors within Section 4 of the Draft Ordinance in Agenda Report Attachment A that have since been modified as follows to correctly reflect the proposed ordinance format that is intended for introduction by action of the City Council on May 16, 2022:
• Draft Ordinance page 16 – Section 30.92.050(B)(4) has been moved to page 15 to follow Section 30.92.050(B)(3)
• Draft Ordinance page 17 – Section 30.92.050(D)(2) has been reformatted to correctly reflect the intended spacing between subsection (D)(2)(c) and (d) The Item 12 recommended action is for the City Council to introduce the revised version of the Ordinance that includes the two administrative corrections as reflected within this Red Dot memo.

Attachment: Coastal Commission Conditional Approval Letter dated May 12, 2022 May 16, 2022 Item 12
STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION

SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
May 12, 2022
Ms. Amanda Lee
Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
Re: Certification of City of Del Mar LCP Amendment No. LCP-6-DMR-21-0035-1 (5 th
Cycle Housing Element)
Dear Ms. Lee,
On May 11, 2022, the California Coastal Commission approved the above referenced amendment to the City of Del Mar Local Coastal Program (LCP). The amendment involves changes to the Implementation Plan to create a new Housing Element Implementation Overlay Zone (HEI-OZ), including the addition of a new Chapter 30.92 to the Del Mar Municipal Code (DMMC). The Overlay, when applied, will allow for the “by-right” (i.e. ministerially approved) development of multiple dwelling unit residential use at a density of 20-25 dwelling units per acre with 20% of the units earmarked as affordable. Clarifying language will also be added to DMMC Section 30.75.080 that requires all development proposed on sites within the Overlay to receive an administrative Coastal Development Permit (CDP). The LCP Amendment would also apply the new HEI-OZ to two existing parcels, known as “Watermark,” which fulfills the obligations of Program 2G of the City’s 5th Housing Element Cycle.

The Commission approved the LCP amendment with suggested modifications that address the protection of biological resources, visual resources, protecting life and property when sited in areas vulnerable to flooding and sea level rise, and cultural and paleontological resources. The suggested modifications add additional protection regarding lighting on sensitive habitat areas, wetlands and buffers, environmentally sensitive habitat area (ESHA) and buffers, appropriate setbacks and noise measures to protect passerine and raptor species, requiring non-invasive plant species for landscaping or revegetation, and protecting sensitive vegetation in areas that may be cleared for fire safety. Additionally, several small corrections to the LCPA are proposed as well as minor modifications to language in order to avoid incorporating portions of the DMMC that are not part of the certified LCP. These modifications will allow for the City to move forward with achieving housing goals and encourage the provision of new lower-cost residential units. The attachment contains the specific changes adopted by the Coastal Commission.

Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

May 16, 2022 Item 12
LCP-6-DMR-21-0035-1 (5
th Cycle Housing Element)

In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are considering any change from what is presented in the attached suggested modification, you should contact this office immediately.

The Commission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Del Mar to take the necessary steps within six months.

If you believe that the City of Del Mar will need additional time, you may request up to a oneyear time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

Sincerely,
Stephanie Leach
Coastal Planner
May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
7 1. Revise the chart under Section 30.92.020 (Areas of Applicability) so as to include a fourth column entitled “Overlay” and which will list any special environmental overlay zones that the parcel(s) fall within as described in the LCP.

2. Revise Section 30.92.030(C)(5) as follows:

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 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.

3. Revise Section 30.92.030(C)(6) as follows:

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 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.

4. Revise Section 30.92.030(D) as follows:

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

5. Revise Section 30.92.040(B)(1)(c) as follows:

Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section 30.52.060.A.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.

6. Revise Section 30.92.040(B)(4)(d) as follows:

New trees shall be non-invasive according to the California Invasive Plant Council guidance regionally native or selected from the City of Del Mar’s Recommended Tree List.

May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
8 7. Revise Section 30.92.040(B)(5)(a) as follows:

Parking shall be provided in accordance with DMMC Chapter 380.80.

8. Revise Section 30.92.040(B)(6)(a) as follows:

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.

9. Add a new subsection (C) to Section 30.92.040 as follows:

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.

10. Revise Section 30.92.050(A)(2) as follows:

May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
9 (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 withthe geographic area, as described in Section 21080.3.l 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. Each Tribe that receives this notice has 30 calendar days to accept the invitation to engage in consultation.
[…]

11. Revise Section 30.92.050(A)(3) as follows, with renumbering of the subsequent items that follow:
(3) Archaeological Survey
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. 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, Aan archaeological survey report shall be submitted by a Registered Professional Archaeologist.
c. i. 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 May 16, 2022 Item 12
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. ii. If the surveys find the potential for significant resources 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 Shall 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 onsite preservation methods such as capping. d. In-situ preservation and avoidance of cultural depositions shall be considered the preferred mitigation option.
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;
May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
11 • “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. iii. 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 other aspects of the
archaeological investigation shall follow the Secretary of the Interior's Guidelines for Archaeological Documentation.

12. Section 30.92.050(A)(4) shall be renumbered as 30.92.050(A)(6) and shall be revised as follows:
(6) Preconstruction Meeting Coordination and Archaeological and Native American Monitoring
a. […]
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 May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
12 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. […]

13. Section 30.92.050(A)(4)(d) shall be renumbered as 30.92.050(A)(7) and revised as follows:
(7) Discovery of Archaeological Resources
a. In the event that archaeological resources are accidentally discovered or unearthed during construction activities, all job operations earth-disturbing work within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist and Native American monitor haves 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 determines 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 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.

14. Section 30.92.050(A)(4)(e) shall be renumbered as 30.92.050(A)(7)(f) and revised as follows, with subsequent renumbering of items that follow:
f. In the event that human remains are discovered or unearthed during construction activities, all job operations earth-disturbing work within a 25-meter radius of the human remains shall be temporarily suspended or redirected andthe county coroner must be contacted as required by California Health and Safety Code Section 7050.5.

May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
13 […]

15. Add Section 30.92.050(A)(7)(h) as follows:

The City shall notify the Coastal Commission staff that significant archaeological resources were discovered during construction.

16. Revise Section 30.92.050(B)(1) so as to name the section “Required Technical Reports and Surveys.”

17. Revise Section 30.92.050(B)(2) as follows:
(2) Siting, Design, and Monitoring
a. Protection of Wetlands
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
May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
14 accomplished by landscape berms, fencing, or other suitable barriers.

18. Section 30.92.050(B)(3) shall be renumbered as Section

30.92.050(B)(2)(b) and shall be revised as follows:
(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 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.

19. Section 30.92.050(B)(4) shall be deleted as follows:
(4) Impacts to Environmentally Sensitive Habitat Areas shall be avoided to the maximum extent feasible. Where impacts cannot be avoided, the applicant 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 longterm management component. b. Conservation of habitat on-site.

May 16, 2022 Item 12
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15 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.

20. Section 30.92.050(B)(5) shall be renumbered as 30.92.050(B)(3) and revised as follows:
(3) Protected Trees
Removal of Torrey Pines or Monterrey Cyprus trees protected trees as defined in DMMC Section 23.50.020(E) shall be replaced or mitigated at appropriate ratios as determined by the Planning Director in consultation with 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.

21. Section 30.92.050(B)(6) shall be renumbered as 30.92.050(B)(5) and revised as follows:
(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 January 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. The qualified biologist shall recommend a Appropriate nest setback distances shall 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.

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.

22. Section 30.92.050(B)(7) shall be renumbered as Section

30.92.050(B)(5)(d) and revised as follows:
d. Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
16 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 60 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.

23. Section 30.92.050(B)(8) shall be renumbered as 30.92.050(B)(4) and shall be revised as follows:

Where landscaping or revegetation is proposed in proximity to native vegetation on or off-site, the landscaping 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.

24. Revise Section 30.92.050(D)(1) to name it “Submittal Requirements, Technical Reports, and Surveys.”

25. Add a new Section numbered 30.92.050(D)(2), with subsequent renumbering of the items that follow:
(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.

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LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
17 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.

26. Section 30.92.050(D)(2) shall be renumbered as 30.92.050(D)(3) and revised as follows:
(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. The requirement shall be as follows:
b. 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 at 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 paleotropical resource potential shall be monitored on a part-time basis.

27. Section 30.92.050(D)(2)(c) shall be renumbered as Section

30.92.050(D)(4) and revised as follows:
(4) Discovery of Paleontological Resources
a. 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, May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
18 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.

28. Section 30.92.050(D)(2)(d) will be renumbered as Section

30.92.050(D)(4)(d).

29. Section 30.92.050(D)(2)(e) will be revised as follows, with subsequent renumbering of the items that follow:
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 catalogues (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 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. 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.

30. Section 30.92.050(D)(2)(f) will be renumbered as Section

30.92.050(D)(4)(g).

31. Section 30.92.050(D)(2)(h) shall be added as follows:
h. The City shall notify the Coastal Commission staff that significant paleontological resources were discovered during construction.

32. Revise Section 30.92.050(E) as follows:

Projects shall be designed to ensure that no primary scenic views or May 16, 2022 Item 12
LCPA 6-DMR-21-0035-1 (5th Cycle Housing Element)
19 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.

33. Revise Section 30.92.050(G) as follows:

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 requiredto 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.

34. Add a new subsection (H) to Section 30.92.050 as follows:

H. Flooding
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;
May 16, 2022 Item 12
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20 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.

35. Revise the chart under Section 30.92.020 Areas of Applicability so that for the two APN parcels associated with the Watermark project, the new Overlay column from Suggested Modification #1 is completed with “Bluff, Slope, and Canyon, Lagoon, and Floodplain.”

36. Revise Section 30.75.100 (Notice of Action on Coastal Development Permit Applications) as follows:

Upon final action on an application for a Coastal Development Permit, the City shall, within seven 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.

37. Revise Section 30.75.110(B) as follows:

The period of for appeal to the Coastal Commission on an action rendered by the City on a Coastal Development Permit application shall be ten calendar 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.

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 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.

May 16, 2022 Item 12
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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Ordinance No. XXX

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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Ordinance No. XXX

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 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.

May 16, 2022 Item 12
Ordinance No. XXX

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.

May 16, 2022 Item 12
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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Ordinance No. XXX

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 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 May 16, 2022 Item 12
Ordinance No. XXX

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 May 16, 2022 Item 12
Ordinance No. XXX

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.
(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.
(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 May 16, 2022 Item 12
Ordinance No. XXX

species, but may be reduced when located in highly urban settings if approved by the Executive Director of the California Coastal Commission.
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.

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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) 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.
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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 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.

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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.
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 May 16, 2022 Item 12
Ordinance No. XXX

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
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:

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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.

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.

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Ordinance No. XXX

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.

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
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
May 16, 2022 Item 12