Agenda, regular meeting, first session — Del Mar City Council, June 20, 2022 (part 1 of 3)

Table of Contents
2022-6-20 Regular Meeting Agenda.pdf
Item 1 - Minutes 6-6-2022.pdf
Item 2 - List of Demands.pdf
Item 4 -Temporary Signs Code Amendment.pdf
Item 5 - SWS Agreement.pdf
Item 6 - Arts Advisory Committee Appointments.pdf
Item 7 - Conflict of Interest Code Update.pdf
Item 8 -AB361 Remote Public Meetings.pdf
Item 9 - State Mandated Fire Inspections.pdf
Item 10 - Annual Preparations for Summer Season.pdf
Item 11 -DMCEA MOU 2022-2025- Agenda Report.pdf
Item 13 - Introduction of Drought Ordinance.pdf
Item 14 - FY 2021-22 Third Quarter Financial Report.pdf Item 15 - FY 2022-23 Budget Update Report.pdf
Item 16 - Resolution Adjusting Fines for Parking Violations.pdf 2 10
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Del Mar City Council Meeting Agenda

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

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, June 20, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

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

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

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

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

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

Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

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

1. Approval of Minutes: June 6, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated June 20, 2022 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

4. Second Reading and Adoption of an Ordinance to Amend Del Mar Municipal Code Chapter 30.84 Signs Related to Temporary Signs (ZA22-002) Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter

30.84 (ZA22-002) to allow temporary signs in locations within unimproved portions of the public right-of-way that do not cause a public safety issue in residential zones by or with permission of the underlying property owner; and clarify how the allowable size of temporary signs is calculated.

Reference: Clerk’s File No. 401-4, 401-9

5. Approval of an Agreement with Southwest Traffic Signal Service, Inc. for Traffic Signal Maintenance and Repair Services
Recommended Action: Staff recommends the City Council: 1) Approve an Agreement between the City of Del Mar and Southwest Traffic Signal Service, Inc. (Attachment A) for traffic signal maintenance and repair services for a three-year term beginning on July 1, 2022 and ending on June 30, 2025, with an option to extend the agreement for an additional two-year period; and 2) Authorize the City Manager to execute the Agreement.

Reference: Clerk’s File No. 406-1

6. Arts Advisory Committee Appointments
Recommended Action: The City Council Liaisons to the Arts Advisory Committee recommend that the City Council reappoint Kathryn Grimm and appoint Karla Leopold as at-large, voting members to the Arts Advisory Committee, to serve full three-year terms beginning July 1, 2022, and ending on July 31, 2025.

Reference: Clerk’s File No. 401-5

7. Biennial Review and Update of the Del Mar Conflict of Interest Code Recommended Action: It is recommended that the City Council receive this report and adopt the Resolution (Attachment A) incorporating revisions to the Del Mar Conflict of Interest Code (Exhibit A to Attachment A).

Reference: Clerk’s File No. 404-6

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

Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-7

9. Acceptance of Report for State-Mandated Annual Fire Inspections in Compliance with SB 1205
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A), accepting a report on the status of all State-mandated annual fire inspections in the City of Del Mar in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4.

Reference: Clerk’s File No. 102-5

10. Annual Preparations for Summer Season
Recommended Action: Staff requests that the City Council receive a report on the City’s annual preparations for the summer season, particularly beach and Fairgrounds visitors, as well as peak events, such as the San Diego County Fair, Del Mar Foundation Twilight Concerts, Fourth of July, and Opening Day of the Del Mar Racetrack.

Reference: Clerk’s File No. 1101-1, 1404-1, 1502-10

11. Approval of a Memorandum of Agreement between the City of Del Mar and the Del Mar City Employees Association and Related Amendment to the City of Del Mar Personnel Rules & Regulations Manual
Recommended Action: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) approving the Memorandum of Agreement between the City of Del Mar (City) and the Del Mar City Employees Association (DMCEA) (Exhibit A to Attachment A); 2) Authorize the City Manager to execute the Agreement; and 3) Adopt the Resolution (Attachment B) amending the City’s Personnel Rules and Regulations Manual (Exhibit A to Attachment B).

Reference: Clerk’s File No. 502-1
IX. PUBLIC HEARINGS

12. Introduction of an Ordinance Approving a Development Agreement (DA22- 001) and an Associated Regulatory Housing Agreement for a Mixed-Use Commercial and Residential Development Located at
941 Camino del Mar (APNs: 300-221-32 & 33) (“Property”) Recommended Action: Staff recommends the City Council continue the public hearing date certain to the July 11, 2022, City Council meeting.

Reference: Clerk’s File No. 401-4
Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

13. Introduction of an Ordinance Amending Sections 21.70.110 and 21.70.120 of the Del Mar Municipal Code to Revise Emergency Water Management Requirements for Drought Watch Conditions
Recommended Action: Staff recommends the City Council hold a public hearing and introduce an Ordinance (Attachment A) amending the Del Mar Municipal Code (DMMC) Section 21.70.110 and Section 21.70.120 to revise water consumer demand reduction measures in accordance with recent State regulations.

Reference: Clerk’s File No. 401-4, 401-9
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

14. Fiscal Year 2021-22 Third Quarter Financial Report
Recommended Action: Staff recommends that the City Council receive the Fiscal Year (FY) 2021-22 Third Quarter Financial Report and authorize revenue adjustments totaling $216,630, and expenditure adjustments totaling $2,300 as included in Exhibit A of Attachment A.

Reference: Clerk’s File No. 202-5

15. Fiscal Year 2022-23 Budget Update Report
Recommended Action: It is recommended that the City Council review the proposed update to the Fiscal Year 2022-23 Operating and Capital Budget and take the following actions:

1. Adopt a Resolution Amending the Fiscal Year 2022-2023 Operating and Capital Budget (Attachment A);

2. Adopt a Resolution Adopting the Compensation Plans for the Management and Professional, General, Firefighter, and Miscellaneous, Part Time, Temporary and Hourly Employees for Fiscal Year 2022-2023 (Attachment B);

3. Adopt a Resolution Establishing the Fixed Charge Assessments for Bonded Indebtedness for Fiscal Year 2022-23 (Attachment C);

4. Adopt a Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23 (Attachment D);

5. Adopt a Resolution Approving the Statement of Investment Policy for Fiscal Year 2022-23 (Attachment E); and

6. Adopt a Resolution Setting User Fee Schedule effective July 1, 2022 (Attachment F).

Reference: Clerk’s File No 202-4
Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

16. Consideration of a Resolution Adjusting Fines for Parking Violations Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) adjusting fines for parking violations in the City; allowing for annual adjustment of parking violation fines based on the Consumer Price Index (CPI) not to exceed 3%; and rescinding Resolution 2011-52 (Attachment B) which previously adjusted the City’s parking violation fines.

Reference: Clerk’s File No. 905-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

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

A. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

July 11, 2022
Fourth Amendment to Adam Kaye’s Contract for As-Needed Public Information, Communications and Outreach Services (Tentative)
DMVA Economic Development Agreement (FY2021-22 Agreement Expires on June 20, 2022) AB361 Continuation of Remote Public Meetings
Adoption of an Ordinance to Amend DMMC 21.70.110 Drought Response Stage 1 and 21.70.120 Drought Response Stage 2
Adoption of Resolution Reaffirming the City’s Stage 1 Drought Alert Status Presentation from Del Mar Representative to the San Diego County Water Authority Mel Katz Presentation from Del Mar San Diego County Water Authority Representative Mel Katz (Tentative) Sustainability Advisory Committee Appointment (Tentative) Continued from June 20, 2022: 941 Camino Del Mar Specific Plan Development Agreement and Regulatory Housing Agreement (First Reading of Ordinance) Powerhouse Park Tot Lot Renovation Project: Permit Approval, Cooperative Purchase Agreement, Approval of Construction Bid Package
Designation of Delegates for the League of California Cities Annual Conference Civic Center Public Art Proposal from the Del Mar Arts Committee Del Mar City Council Regular Meeting June 20, 2022
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 15th day of June, 2022, at approximately 6:15 p.m.
___________________________________________ 6/15/2022
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
JUNE 6, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the June 6, 2022 City Council Closed Session meeting.

PLEDGE OF ALLEGIANCE
Mayor Worden led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez announced the start of the San Diego County Fair on Wednesday, June 8, 2022.

Councilmember Gaasterland reported on the Smart Coast California Forum event she attended. City Councilmembers acknowledged Assistant City Manager Kristen Crane for her service to the City of Del Mar and wished her luck in her new role with the City of Murrieta. Mayor Worden reported on statewide water usage; San Diego Airport construction at Terminal 1; the 2022 California Primary Election including the Del Mar library serving as a ballot drop off location for the primary election; and the dedication of the James Hubbell sculpture in front of the Del Mar Library that took place on Friday, June 3, 2022.

CITY MANAGER’S REPORT
City Manager Ashley Jones and Assistant City Manager Kristen Crane reported on the Tewa Undergrounding Project beginning this week. Mayor Worden inquired about the timing for the California Coastal Commission (CCC) to hear appeals filed for the Watermark Project.

CONSENT CALENDAR
There were no public speakers for the consent calendar items. 1 June 20, 2022 Item 01
City Council Regular Minutes
June 6, 2022

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IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 10 and 14. (VOTE 5-0 WITH THE AMENDMENT NOTED FOR THE MAY 16, 2022 REGULAR MEETING MINUTES.) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: MAY 16, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes with amendment to item 13 to now read, “Council consensus was to defer consideration of any City action related to SB 1105 until additional information is available, with Mayor Worden indicating he was in support and ready to act tonight”, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 6, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: SECOND AMENDMENT TO AGREEMENT WITH MOFFATT & NICHOL FOR THE CITY OF DEL MAR SHORELINE MANAGEMENT PROGRAM (CLERK’S FILE NO. 406-1) Council approved the Second Amendment to the Agreement between the City of Del Mar and Moffatt and Nichol for consulting services related to the City’s Shoreline Management Program extending the Agreement for an additional two-year period ending June 17, 2024; and authorized the City Manager to execute the Second Amendment, on consent.

ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE TO ACCEPT MODIFICATIONS TO THE 5TH CYCLE HOUSING ELEMENT PROGRAM 2G LOCAL

COASTAL PROGRAM AMENDMENT PURSUANT TO COASTAL COMMISSION ACTION (CLERK’S FILE NO. 304-7, 401-4)
Council adopted ordinance 989, “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 (HEIOZ) 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”, on consent.
2 June 20, 2022 Item 01
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ITEM 6: AWARD OF A CONSTRUCTION CONTRACT TO FERANDELL TENNIS COURTS, INC.

FOR THE TENNIS COURT RESURFACING PROJECT (CLERK’S FILE NO. 406-1) Council awarded a construction contract for the Tennis Court Resurfacing Project to Ferandell Tennis Courts, Inc; and authorized the City Manager to execute the contract, on consent.

ITEM 7: RESOLUTIONS CALLING FOR A 2022 GENERAL MUNICIPAL ELECTION (CLERK’S FILE NO. 402-1, 402-3)
Council adopted RESOLUTION 2022-31, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES”; RESOLUTION 2022- 32, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE”, and RESOLUTION 2022-33, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF DEL MAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022”, on consent.

ITEM 8: SUSTAINABILITY ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401- 5)
Council reappointed Alan Sweedler as a voting member to serve a full three-year term beginning July 4, 2022 and ending on July 31, 2025, on consent.

ITEM 9: ARTS ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council reappointed Julie Maxey-Allison as a Del Mar Foundation representative and voting member to the Arts Advisory Committee, to serve a full three-year term beginning July 1, 2022, and ending on July 31, 2025, on consent.

ITEM 10: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted RESOLUTION 2022-34, “A RESOLUTION OF THE CITY COUNCIL OF

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

TO CONTINUE THE USE OF TELECONFERENCE OR A REMOTE MEETING PLATFORM TO FACILITATE REMOTE PUBLIC MEETINGS”, and to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic, on consent. 3 June 20, 2022 Item 01
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PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE TO AMEND DEL MAR MUNICIPAL CHAPTER

30.84 SIGNS RELATED TO TEMPORARY SIGNS (ZA22-002) (CLERK’S FILE NO. 303- 2, 401-4, 401-9)
A presentation was provided by Administrative Services Manager/City Clerk Krietor.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO

INTRODUCE THE PROPOSED ORDINANCE AMENDING DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 30.84 (ZA22-002) TO ALLOW TEMPORARY SIGNS IN LOCATIONS WITHIN

UNIMPROVED PORTIONS OF THE PUBLIC RIGHT-OF-WAY THAT DO NOT CAUSE A PUBLIC

SAFETY ISSUE IN RESIDENTIAL ZONES BY OR WITH PERMISSION OF THE UNDERLYING PROPERTY OWNER; AND CLARIFY HOW THE ALLOWABLE SIZE OF TEMPORARY SIGNS IS CALCULATED. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 12: APPROVAL OF A CONDITIONAL USE PERMIT AND ADOPTION OF A MITIGATED

NEGATIVE DECLARATION TO AUTHORIZE RIVERPATH DEL MAR TRAIL EXTENSION (PHASE III) (CLERK’S FILE NO. 301-4)
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Associate Planner Adriana Jaramishian.

Council questions and discussion focused on the timing for California Coastal Commission’s review of the permit application and support for the project.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR WORDEN TO ADOPT RESOLUTION 2022-36, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO APPROVE A CONDITIONAL USE PERMIT (CUP22-002) AND TO CERTIFY A MITIGATED NEGATIVE DECLARATION (EA19-001) ASSOCIATED WITH AN APPROXIMATELY 2,070 LINEAR-FOOT EXTENSION OF THE RIVERPATH DEL MAR TRAIL TERMINATING AT THE

EASTERN BOUNDARY OF THE CITY NEAR THE CREST CANYON TRAIL, INSTALLATION OF

TRAIL AMENITIES INCLUDING SIGNAGE AND TRASH CANS, VEGETATION REMOVAL, MINOR

GRADING, AND DEBRIS REMOVAL, LOCATED NORTH OF SAN DIEGUITO DRIVE IN THE FLOODWAY ZONE AND LAGOON OVERLAY ZONE, IN DEL MAR, CALIFORNIA.” (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 5:20 p.m. to 5:25 p.m. 4 June 20, 2022 Item 01
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CITY COUNCIL OTHER BUSINESS
ITEM 13: SANDAG PRESENTATION REGARDING DEL MAR BLUFFS STABILIZATION PROJECT 5 IN PREPARATION FOR CALIFORNIA COASTAL COMMISSION HEARING ON JUNE 8, 2022 (CLERK’S FILE NO. 1404-2, 1506-1) Councilmember Druker recused himself from participation due to Brown Act concerns associated with the item. Mayor Worden disclosed he reviewed the California Coastal Commission (CCC) agenda report.

Deputy Mayor Martinez disclosed she received an informational email sent to residents. Councilmember Gaasterland disclosed that she drafted a cover letter and shared an informational email with residents and Deputy Mayor Martinez, engaged in a brief email exchange with Mayor Worden, and spoke briefly over the phone with Councilmember Druker regarding this agenda item.

An introduction to the item was provided by Assistant City Manager Crane. A presentation was provided by San Diego Association of Governments (SANDAG) Senior Environmental Engineer Allie DeVaux.

SANDAG Principal Engineer Bruce Smith was available to answer questions.

Council questions focused on the comment process for public participation on the Del Mar Bluff 5 Project (Project) mitigation measures; clarification on the cost estimate for the Project; whether the bluff top trail would require fencing; clarification on the removal of seawalls associated with the Project; clarification on the number of steal posts needed to secure the seawalls; emergency repair efforts in the area; location of the integrated Project; clarification on the grading included in the project; whether SANDAG has considered emergency evacuations related to the Project’s seawalls; whether SANDAG has modeled sand retention/sand levels if the Project is constructed; Mayor Worden opened the item to public comment and the following people spoke:
1) John Stahl
2) Camilla Rang
3) Mike Maier
4) Payson Stevens
5) Karen Lare
6) Laura Walsh, Surfrider Foundation
7) Laura DeMarco
8) Al Tarkington
9) John Weare
Mayor Worden closed the item to public comment.

Council discussion focused on the effects of seawalls on Del Mar South Beach; Project mitigations associated with effects of seawalls; whether SANDAG considered adding seawalls in section if and when needed instead of adding seawalls for the entire proposed length; concrete bases and beams remaining when the seawalls are removed; lost beach area, especially during high tide associated with the Project; appreciation for SANDAG staff for their efforts to engage the City on the Project; staff crossings associated with the Project; desire to obtain additional information about the environmental impacts of the Project to fully assess mitigation efforts; and importance of a commitment from SANDAG that the railroad tracks will be relocated off the bluffs by 2035.

Council consensus was to have Councilmember Gaasterland represent the City at CCC for the Project hearing on Wednesday, June 8, 2022. Additionally, Council directed City Manager Jones to work with each Councilmember individually to develop a draft statement and to work with Deputy Mayor Martinez and Councilmember Gaasterland to finalize the statement. Following the meeting, it was mutually agreed 5 June 20, 2022 Item 01
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upon that Mayor Worden and Councilmember Gaasterland would work with City Manager Jones to finalize the statement.

ITEM 14: MASTER LICENSE AGREEMENT WITH CROWN CASTLE FIBER LLC FOR WIRELESS FACILITIES ON CITY POLES IN THE PUBLIC RIGHT-OF-WAY (CLERK’S FILE NO. 406-1)
The item was moved to the consent calendar for approval. Council approved adoption of RESOLUTION 2022-35, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA,

AUTHORIZING A MASTER LICENSE FOR WIRELESS FACILITIES ON CITY POLES IN THE PUBLIC

RIGHT-OF-WAY WITH CROWN CASTLE FIBER LLC, AND AUTHORIZING THE CITY MANAGER TO

ACT ON BEHALF OF THE CITY IN ALL FUTURE DECISIONS AND ACTIONS NECESSARY TO IMPLEMENT THE MASTER LICENSE AGREEMENT”, on consent.

ITEM 15: CARE COURT LEGISLATION AND UPDATE ON DEL MAR’S EFFORTS RELATED TO ADDRESSING HOMELESSNESS (CLERK’S FILE NO. 303-1, 401-7) A presentation was provided by Assistant City Manager Kristen Crane and Senior Management Analyst Beth Murray.

Council questions and discussion focused on the Governor’s proposal including upfront and ongoing funding for the CARE Court Program (Program); importance of Program; and thoughtful compassionate care provided by the Program.

There were no public speakers for the item.

IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2022-37, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SUPPORTING CALIFORNIA SENATE BILL (SB) 1338: COMMUNITY ASSISTANCE, RECOVERY, AND EMPOWERMENT (CARE) COURT PROGRAM.” (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance; Arts Advisory Committee; and SANDAG Board.

ADJOURNMENT
Mayor Worden adjourned the meeting at 8:13 p.m.
_________
Sarah Krietor, Administrative Services Manager/City Clerk 6 June 20, 2022 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
JUNE 6, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 2:30 P.M.

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Information related to Del Mar Bluff 5 Project; and 2) Liabilities related to the Citywide Undergrounding Project
Authority: Government Code Section 54956.9(b)
Reportable Action: None for either item.

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

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:25 P.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
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City of Del Mar
Agenda Report
City Council Action:

TO: Honorable City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Amanda Lee, Principal Planner
Via Ashley Jones, City Manager
DATE: June 20, 2022
SUBJECT: Second Reading and Adoption of an Ordinance to Amend Del Mar Municipal Code Chapter 30.84 Signs Related to Temporary Signs (ZA22-002) REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 30.84 (ZA22-002) to allow temporary signs in locations within unimproved portions of the public right-of-way that do not cause a public safety issue in residential zones by or with permission of the underlying property owner; and clarify how the allowable size of temporary signs is calculated.

BACKGROUND:

As currently written DMMC Chapter 30.84 (signs) prohibits temporary signs from being placed adjacent to residential properties in areas that encroach into the City’s right-of-way. Campaign signs are a type of temporary sign. During the November 2020 election, concerns were raised related to the City’s temporary campaign sign regulations and enforcement efforts, specifically enforcement and removal of campaign signs placed in the right-of-way adjacent to residential private property in locations that otherwise appear to be within private yards.

On October 4, 2021, Mayor Worden and Deputy Mayor Martinez presented a proposal for City Council consideration to revise the City’s sign regulations to provide greater clarity and flexibility for campaign sign placement in areas that appear to be front yards. The proposed amendments would allow placement of temporary campaign yard signs in the right-of-way adjacent to residential private property in locations that otherwise appear to be within private yards, typically located between the residential unit and the street.

At the April 4, 2022, City Council provided direction to staff to prepare and process draft code amendments related to temporary signs, which include campaign signs, for implementation prior to the November 2022 General Election. The narrow scope of the proposed amendments shown in redline in Attachment B to this agenda report would allow the City to address the concerns and enforcement issues raised during the 2020 General Election without a more comprehensive review and update to the City’s sign code which would be a complex and resource intensive work plan item.

The proposed zone code amendments were presented to the Planning Commission at a public hearing held on May 10, 2022. The Planning Commission unanimously recommended approval of the proposed code amendments to the City Council. On June 6, 2022, the City Council introduced the Ordinance (Attachment A).
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If adopted the Ordinance would take effect July 20, 2022, prior to the close of the candidate filing period for the November 2022 election. Additionally, the campaign sign informational primer provided to candidates and the public during the elections is attached for the Council’s reference as Attachment D. The campaign sign primer is provided to City Council candidates and available to the public upon request and via the City’s website during election season to encourage compliance with the City’s sign regulations.

DISCUSSION/ANALYSIS:

The objective of the code amendments is to accommodate campaign and other temporary signage in unimproved locations of the public right-of-way where sign placement would not create a safety issue or nuisance. Many City street rights-of-ways are not improved with pavement and sidewalk to the full dedicated width, which can lead to confusion regarding where property lines begin. Therefore, the proposed revisions are intended to address sign placement concerns and enforcement issues that were raised during prior elections.

As protected non-commercial speech, campaign signs must be regulated similarly to other noncommercial temporary signs. Following is a description of the components of the proposed amendments that will ensure consistency and minimize the potential for impacts to the public health and safety:
 Temporary signs, including campaign signs, would be permitted in the right-of-way through a limited exception applicable to residential zones.  The exception would provide for temporary signs to be placed in the right-of-way adjacent to residential private property in locations that would not conflict with the paved areas of streets and sidewalks.
 As shown in Attachment C, signs would not be permitted to block automotive or pedestrian sight lines, impede the flow of automobile, bicycle, or pedestrian traffic, or otherwise conflict with public health and safety.
 Temporary signs that create a nuisance or safety issue would be removed.  Consistent with the current sign regulations, temporary signs including campaign signs would continue to be prohibited in City street medians, in unpaved walking areas, inside traffic circles, on City parcels, attached to utility poles, street light standards, or trees, or in environmentally sensitive resource locations including but not limited to areas of the beach, lagoon, wetlands, and habitat.
 Other provisions of the sign code applicable to temporary signage, such as duration of placement, would remain unchanged.

The proposed amendments to the DMMC related to temporary signage would only be applicable to residential zones. Attachment C includes a table summarizing the amendments.

ENVIRONMENTAL IMPACT:

The proposed action is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operation item previously identified by the City Council and is unrelated to the City Council’s established Goals & Priorities.
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ATTACHMENTS:

Attachment A – Proposed Ordinance Amending DMMC Chapter 30.84 Signs Attachment B – Redline Chapter 30.84 Signs
Attachment C – Amendment Summary Table
Attachment D – Campaign Sign Code Primer
3 June 20, 2022 Item 04
ORDINANCE No. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING MUNICIPAL CODE
AMENDMENTS BY AMENDING CHAPTER 30.84 OF THE DEL

MAR MUNICIPAL CODE (SIGNS) TO ALLOW TEMPORARY

SIGNS IN LOCATIONS WITHIN UNIMPROVED PORTIONS OF

THE PUBLIC RIGHT-OF-WAY THAT DO NOT CAUSE A PUBLIC

SAFETY ISSUE IN RESIDENTIAL ZONES BY OR WITH
PERMISSION OF THE UNDERLYING PROPERTY OWNER; AND

CLARIFY HOW THE ALLOWABLE SIZE OF TEMPORARY SIGNS

IS CALCULATED
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 30.84 (signs) establishes a comprehensive system for the regulation of signs to promote the public safety, health, and welfare; and
WHEREAS, as currently written DMMC Chapter 30.84 (signs) prohibits temporary signs from being placed adjacent to residential properties in areas that encroach into the City’s right-of-way; and
WHEREAS, City Council desires to amend DMMC Chapter 30.84 to allow temporary signs in locations within unimproved portions of the public right-of-way that do not cause a public safety issue in residential zones by or with permission of the underlying property owner; and
WHEREAS, City Council also desires to clarify how the allowable size of temporary signs is calculated; and
WHEREAS, other provisions of DMMC Chapter 30.84 related to temporary signs would remain unchanged, including prohibiting placement in City street medians, in unpaved walking areas, inside traffic circles, on City parcels, attached to utility poles, street light standards, on/in trees, or in environmentally sensitive resource locations including but not limited to, areas of the beach, lagoon, wetlands, and habitat; and WHEREAS, the Planning Commission considered and recommended approval of the proposed code amendments at a public hearing held on May 10, 2022, and the City Council has considered this recommendation; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed action is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, City Council has determined that it is in the best interests of the City, its residents, and businesses to amend DMMC Chapter 30.84. 4 June 20, 2022 Item 04
Ordinance No. _____

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NOW, THEREFORE, the City Council of the City of Del Mar, California, does ordain as follows:

SECTION ONE:

The foregoing recitals are true and correct.

SECTION TWO:

That DMMC Section 30.84.030 be amended as follows:

30.84.030 Permitted Sign Area Total for Residential Zones.

On a lot zoned for residential use, a property owner may post, erect, and maintain signs of a sign area total as follows:

A. Identification Sign Maximum one square foot per dwelling unit displayed by each unit.

For properties of five or more units, an
additional maximum sign area of 12
square feet.

B. Temporary Signs Maximum five and one-half square feet for each individual unit as measured on
one side of the sign.

SECTION THREE:

That DMMC Section 30.84.075 be amended as follows:

30.84.075 Sign Encroachment Permit Required/Exemptions from Requirement.

A. Unless otherwise provided in this Chapter, no sign shall be installed, posted, erected or maintained so as to encroach within a public right-of-way in a commercial zone without the prior receipt of a Sign Encroachment Permit.

B. Where a Sign Encroachment Permit is required, the Planning Commission shall serve as the issuing authority.

C. No sign Encroachment Permit shall be required for a blade sign which meets all of the parameters listed below.

Parameters for exemption:

1. The sign has received all other required permits, including Design Review, or Administrative Design Review, as required by DMMC Chapter 23.08 or 23.09;

2. The sign complies with all applicable regulations contained in this Chapter;

3. The sign complies with the sign size parameters contained in the Sign Chapter of the Municipal Code;
5 June 20, 2022 Item 04
Ordinance No. _____

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4. The sign is installed so that the bottom of the sign is elevated a minimum of eight feet above any adjacent sidewalk or walkway;

5. The sign does not extend within five feet of the vertical extension above any driving surface;

6. There is only one blade sign per business for each street frontage of the business;

7. The sign is not an internally illuminated plastic ("can") sign; and

8. The sign or sign support system does not extend more than four feet from the building wall, measured from the point at which the sign or sign support is attached to the building.

D. No Encroachment Permit shall be required for a temporary sign located in a residential zone that is posted, erected, or maintained by the occupant of a dwelling unit or with the permission of the occupant, which meets all of the parameters listed below:

1. No part of the sign encroaches into paved areas of streets, bike lanes, or sidewalks, unpaved walking areas, traffic circles, or center medians;

2. The sign does not block automotive or pedestrian sight lines, or otherwise conflict with the public health and safety;

3. The sign is not located on the public beach or within an environmentally sensitive resource location; and

4. The sign complies with all applicable regulations contained in this Chapter.

SECTION FOUR:

The City Council finds that approval of this ordinance is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION FIVE:

This Ordinance was introduced by the City Council on June 6, 2022.

SECTION SIX:

The City Clerk is directed to publish a summary of this Ordinance together with the votes cast thereon no less than five days prior to the consideration of its adoption and again within 15 days following adoption.

SECTION SEVEN:

This Ordinance shall take effect and be in force thirty (30) days after the date of adoption. 6 June 20, 2022 Item 04
Ordinance No. _____

Page 4 of 4 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 20th day of June 2022. ________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
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 Ordinance No. ___, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 20th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Sarah Krietor, Administrative
Services Manager/City Clerk
City of Del Mar
7 June 20, 2022 Item 04
TITLE 30 - ZONING
Chapter 30.84 SIGNS
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Chapter 30.84 SIGNS

30.84.010 Purpose.

A. The purpose of this Chapter is to reduce visual clutter, preserve the character and quality of the environment, achieve an aesthetically pleasing appearance for the City, and provide adequate opportunity to erect signs. In doing so, this Chapter intends to enhance the visual environment of the City, to eliminate traffic hazards, to include without limitation pedestrian traffic, hazards caused by improper signs, and to ensure that information is presented safely and effectively.

B. This Chapter establishes a comprehensive system for the regulation of signs to promote the public safety, health, and welfare. The intent is to present a set of reasonable, non-arbitrary and non-discretionary standards and procedures which will facilitate the improvement and protection of the environment by prohibiting the misuse of signs.

C. It is the intent of this Chapter to further the greater public interest in allowing a property owner to identify the owner's and tenant's property and the activities, services, and products available thereon rather than having the property owner and tenant use allowable sign area to identify property, activities, services, and products located elsewhere.
(Ord. No. 616; Ord. No. 813; Ord. No. 830)

30.84.020 Definitions.

A. Sign.

1. Balloons are any inflatable object.

2. Banner, flag or pennant shall mean any cloth bunting, plastic, paper, fabric or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, not including governmental flags.

3. Blade Sign shall be defined as a single or double-faced sign mounted perpendicular, or nearly perpendicular, from an exterior building wall or hanging from a support feature mounted perpendicular, or nearly perpendicular from an exterior building wall.

4. Building Face shall mean the outer surface of a main exterior wall. This excludes any projecting fins, columns, pilasters, canopies, marquees, showcases, patios or any other structure that does not directly contribute to the space's floor area ratio.
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5. A-Frame Sign shall mean a single or double-faced moveable sign consisting of a smooth, hard panel for the display of changeable messages or copy as advertising for a commercial establishment, as regulated per this Chapter.

6. City Property shall mean land, light standards, structures, or other property owned or controlled by the City.

7. Community Event shall mean an event held within the City oriented towards recreational, cultural, or civic activities, sponsored by the City or a nonprofit organization, and open for participation by the general public.

8. Monument Signs are a type of freestanding sign, as defined in this Chapter, wherein business advertising or identification is provided on or as part of the design of a thin, vertically aligned structure mounted on the ground, either with a solid base or on intermittent piers or supports.

9. Sign is any word, letter, placard, board, notice, logo, insignia, flag, or banner, and any or all devices, fixtures, structures, construction, cloth or backing which conveys a message in pictorial, symbolic, or worded form and which is intended to call attention to the site, or used to advertise or promote the interest of any person, institution, business or product.

10. Sign Area is the entire area within a single, contiguous perimeter enclosing the extreme limits of a sign. The perimeter shall include all elements and ornamentation forming an integral part of the design of the sign and the sign structure. Where the sign is an integral part of a wall or awning, or any other supporting structure, the sign area shall include the smallest rectangular area which includes all letters, designs, logos, and other features and including all intervening and enclosed open spaces. The "sign area" of a double-faced sign is the area of one side only. The "sign area" of an inflated balloon is equivalent to the square of the maximum diameter.

11. Sign Area Total is the sum total of the areas of all signs on a lot that is regulated by this Chapter.

12. Sign Height is the total distance between the lowest grade adjacent to the base of the sign measured to the top of the highest sign element, including the sign structure.

13. Sign Structure is a structure which supports or is capable of supporting a sign.

A sign structure may be a single pole or multiple poles, or may be designed as an integral part of the building or any combination thereof.

14. Street Frontage shall mean the total linear distance of which a building face fronts the street. Street frontage shall be measured as a straight, contiguous line parallel to the abutting street and shall not reflect articulation in a building face. Street frontage shall not apply to alleyways.

B. Sign Parameters .
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1. Directional Signs are signs which direct, point or guide, for example, without limitation: "Office," "one way," "parking," "restrooms."

2. External Lighting is lighting from a source which is external to the sign that casts light upon the sign.

3. Freestanding Signs are signs which are supported by one or more columns, uprights or braces in or upon the ground.

4. Identification Signs are signs which identify the name of the building, street address, or the occupants/tenants located in the specific building or area.

5. Internal Lighting is lighting from a source coming from within the sign and includes, without limitation, neon lighting.

6. Off-Site Messages are messages on signs which identify a use that is not occurring on the site; identifies an activity not occurring at the site of the sign; identifies a product not available at the site of the sign; or identifies a property located elsewhere than the site of the sign.

7. Temporary Signs are signs used, installed or displayed so as to be visible from an adjacent property or a City right-of-way, continuously or intermittently, for a total duration of not more than 60 days in a calendar year. (Ord. No. 764; Ord. No. 782; Ord. No. 830; Ord. No. 906; Ord. No. 923, §§ 1, 2, 12-5- 2016)

30.84.030 Permitted Sign Area Total for Residential Zones.

On a lot zoned for residential use, a property owner may post, erect, and maintain signs of a sign area total as follows:

A. Identification Sign Maximum one square foot per dwelling unit displayed by each unit.

For properties of five or more units, an
additional maximum sign area of 12
square feet.

B. Temporary Signs Maximum five and one-half square feet displayed for each individual unit as
measured on one side of the sign.

30.84.040 Permitted Sign Area Total for Commercial Zones.

On a lot zoned for commercial uses, one of the following methods shall be used to calculate the permitted sign area:

1. If a business has street frontage, the following calculation may apply:
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A. One square foot of signage per every one foot of street frontage associated with a business.

B. For a building that fronts more than one street, each street frontage shall be calculated separately. The allowable signage area per street frontage is not transferrable to any other building face of said building.

C. Total allowed signage area shall not exceed the following maximums:

1. The Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones shall have a maximum of 40 square feet;

2. The North Commercial (NC) and Visitor Commercial (VC) Zones shall have a maximum of 60 square feet.

2. If a business does not have street frontage, the following calculation shall apply:

Sign Area Total
A. Floor area of Business
1,000 sq. ft. or less 10 sq. ft.
1,001—3,000 sq. ft. 15 sq. ft.
3,001 or more sq. ft. 20 sq. ft.

B. Additional Sign Area Allowance

1. Identification Sign Maximum of two square feet, per street frontage, per business.

2. Temporary Sign Maximum six square feet displayed by
each individual business.

3. Gasoline Price Signs Maximum of eight square feet per each street or alley frontage. Such sign shall
be in accordance to State Law. (Sections
13530—13540 of the California Business
and Professional Code).

4. Blade Signs Maximum of six square feet of area
displayed by each individual business
with street frontage (sign message may
repeat to be on both sides).

5. A-Frame Sign Maximum size 10.5 square feet, with
maximum dimensions of 36 inches in
width by 42 inches in height and limited to
one A-Frame sign per establishment.
(Ord. No. 906; Ord. No. 923, §§ 3, 4, 12-5-2016)
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30.84.045 Permitted Sign Area Total for Outdoor Sales Operations.

Notwithstanding the other provisions of this Chapter, the following regulations shall apply to signage for Outdoor Sales operations:

A. Allowable sign size:

1. Six square feet total of temporary signage per vendor stall, with such signage to be located within the perimeter of the individual vendor stall and installed so that no point of any sign exceeds eight feet in height.

2. Ten square feet of permanent signage or six square feet of temporary signage for identification of the outdoor sales operation itself.

B. Temporary signage allowed pursuant to this Section shall be exempt from the requirement for receipt of Design Review Permit. Permanent signage allowed pursuant to this Section shall be subject to the receipt of a Design Review Permit in accordance with the provisions of the DMMC.
(Ord. No. 718)

30.84.050 General Regulations.

A. Except as allowed by the provisions of this Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the City.

B. It shall be unlawful for any owner of real property within the City to allow the posting, erection, or maintenance on such person's property of any sign which is in violation of the provisions of this Chapter.

C. Unless authorized by other provisions of the Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the public right-of-way without first obtaining a Sign Encroachment Permit from the Planning Commission in accordance with this Chapter. (See Section 30.84.075)
D. Criteria.

1. No sign attached perpendicular to any building shall project more than 48 inches beyond the face of such building and any such projecting sign shall be a minimum eight feet above the finished grade below.

2. No sign attached perpendicular to any building shall exceed 20 square feet in size.

3. Freestanding Signs. All freestanding signs shall be located in a landscaped area or planter.

No freestanding sign greater than three feet in total height shall be permitted except where:
a. The building is setback from the applicable property line by 20 feet or more; and
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b. Sign height does not exceed eight feet or two-thirds of the building height, whichever is less; and
c. The sign is permitted upon a finding that it does not interfere with automotive or pedestrian sight lines.

4. Balloons. Balloons used as signs shall comply as follows:
a. Is considered a "Temporary Sign" and maintained for a duration of 30 days or less;
b. Shall have a maximum diameter of no more than 12 inches when fully inflated; and
c. Shall not be released into the atmosphere.

5. Lighting.
a. Any sign may be lighted externally, provided that the source of the light shall not be visible from any adjacent property or the public right-of-way. b. Any sign may be illuminated internally so long as such internal illumination does not illuminate more than 25 percent of that sign's area.

6. A sign, and all of its supporting features, shall be maintained in a state of good repair and in accordance with the conditions of any permit issued for such sign.

A sign or a portion thereof in need of repair shall be repaired or removed within ten days of notification by the enforcement officer.

7. A-Frame Signs. A-Frame signs shall comply with all of the following:
a. Installed/placed only during open business hours and removed at the close of business each day;
b. Located entirely on private property, on the premises of the business establishment for which advertising is provided;
c. Placed so as to not block access to a parking stall, drive aisle or pedestrian travel way;
d. Limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided; e. Composed of a hinged A-frame structure;
f. Devoid of any strobe, blinking or flashing lights, electronic animation, or electronic reader copy;
g. Devoid of any flags, balloons, pendants, flyers, handouts or other attachments; and
h. Is anchored or secured to maintain the sign in a stable, upright position.

E. Prohibited Signs. No sign shall be posted, erected or maintained:

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2. So as to obstruct access to a public street from a driveway;

3. That moves, rotates, gives the illusion of movement, shimmers, blinks, involves a change of color or hue, flashes, or is intermittently illuminated;

4. That interferes with the effectiveness of or obscures any official notice;

5. That is placed on or projects above the roof of the structure on which the sign is constructed;

6. That is attached parallel to a building and projects more than 16 inches beyond the face of that building;

7. That interferes with automotive or pedestrian sight lines;

8. That obstructs any door or fire escape of any building;

9. That obstructs free passage over any public right-of-way;

10. That would unreasonably obscure from public view existing, conforming signs on adjacent properties;

11. That are attached to utility poles, street light standards (except when specifically authorized in Subsection 30.84.080.J., or trees;

12. That is posted or attached to a truck or vehicle which is parked so as to be used as a sign;

13. That is located within the public right-of-way unless approved in accordance with Section 30.84.075 of the Del Mar Municipal Code; and

14. That presents an off-site message except as otherwise permitted in Section

30.84.070.
(Ord. No. 616; Ord. No. 709; Ord. No. 782; Ord. No. 906; Ord. No. 923, § 5, 12-5-2016)

30.84.055 Monument Signs.

A. Monument signs shall comply with all of the following standards:

1. Monument signs shall be subject to the limitations regarding Freestanding Signs, as contained in this Chapter;

2. Monument signs shall not exceed eight feet in height, measured from the topmost point of the sign down to the lower of the finished or natural grade level adjacent to the base or supports of the sign;

3. Monument signs shall not exceed two feet in depth (thickness);

4. Monument signs shall not exceed 12 feet in width.

5. Only one monument sign shall be allowed per street frontage of the business for which the monument sign is being installed.
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B. Notwithstanding the other provisions of this Chapter, the measurement of the sign size of a monument sign shall be calculated as follows:

1. Where the business advertising and/or business identification messages (text, logos or other embellishments) are integrated into the construction material of the monument structure itself, the sign area shall be calculated as the smallest rectangle that can be applied around the perimeter of all of the advertising and/or identification messages (language logos, embellishments etc.), with such rectangle to include all intervening spaces between the advertising/ information messages.

2. Where the business advertising and/or business identification messages (text, logos or other embellishments) are contained on a plaque, board or panel mounted or otherwise attached to the monument structure, the sign area shall be calculated as the size of the entire mounted panel.

C. The "sign area" of a double-faced sign monument sign shall be calculated based on only one side (face) of the monument sign.

D. The Design Review process to be implemented for monument signs shall in accordance with the regulations for Design Review of signage, as contained in the Del Mar Municipal Code.

E. Any proposed lighting for illumination of a monument sign shall be included in the plans submitted for the design review process, as required under the DMMC.

Additionally, any external lighting shall be designed and installed in a manner such that the light bulb, lamps or other source(s) of illumination are shielded so as to not be visible from adjacent rights-of-way or properties.

F. In cases where a monument sign will include advertisements for two or more businesses, the submitted materials shall include a comprehensive plan for all materials and signage, so as to ensure consistency of design. (Ord. No. 830)

30.84.060 Design Review Permit/Administrative Sign Review Permit Required.

Unless otherwise exempt pursuant to the provisions of this Chapter, the installation of new or replacement signage shall be subject to the receipt of a Design Review Permit or Administrative Sign Review Permit.
(Ord. No. 709)

30.84.070 No Design Review Permit or Administrative Sign Review Permit Required.

The following signs may be erected and maintained without first having obtained a Design Review Permit or Administrative Sign Review Permit, provided that the sign is erected and maintained in accordance with the standards of this Chapter. The sign area 15 June 20, 2022 Item 04
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of the signs identified below will not be included in calculating the sign area total of the property.

A. Directional Sign. Directional signs not exceeding an area of one square foot so long as the sign is for on-site purposes and there is no more than one such sign for each street or alley frontage.

B. Property Information. Signs for the purpose of advertising property for sale, lease or exchange, or advertising directions to the property by the property owner or agent may be displayed on real property owned by another with that person's consent if such signs are limited to the following information as permitted in State Law (Sections 712 and 713 of the Civil Code):

1. That the property is for sale, lease, exchange or presented for viewing by the owner or his or her agent.

2. Directions to the property.

3. The owner's or agent's name.

4. The owner's or agent's address and telephone number.

Nothing in this Section authorizes the display or placement of a sign on a public or private right-of-way.

C. Temporary Signs. In all zones, a temporary sign may be posted, erected, or maintained in conformance with the provisions of this Chapter.

D. Reserved.

E. City-sponsored Cultural/Community Interest Signs, as regulated per this Chapter.
(Ord. No. 656; Ord. No. 709; Ord. No. 894; Ord. No. 923, § 6, 12-5-2016)

30.84.071 Maintenance of Signs—No Design Review Permit or Administrative Sign Review Permit Required.

The performance of maintenance on a sign shall not require the receipt of a Design Review Permit or Administrative Sign Review Permit, provided such maintenance does not involve structural changes, or material or color changes to the sign. (Ord. No. 656; Ord. No. 709)

30.84.075 Sign Encroachment Permit Required/Exemptions from Requirement.

B. Where a Sign Encroachment Permit is required, the Planning Commission shall serve as the issuing authority.
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C. No sign Encroachment Permit shall be required for a blade sign which meets all of the parameters listed below.

Parameters for exemption:

1. The sign has received all other required permits, including Design Review, or Administrative Design Review, as required by DMMC Chapter 23.08 or 23.09;

2. The sign complies with all applicable regulations contained in this Chapter;

3. The sign complies with the sign size parameters contained in the Sign Chapter of the Municipal Code;