Table of Contents
2022-7-25 Regular Meeting Agenda.pdf
Item 1 - Minutes.pdf
Item 2 - List of Demands.pdf
Item 4 - AB361 Remote Meetings.pdf
Item 5 - EDCO PW Yard License Agreement_FINAL.pdf
Item 6 - TP Bridge Deck Treatment Construction Award.pdf Item 7 - Finance Committee Appointments.pdf
Item 8 - MBI Agreement Amendment.pdf
Item 9 - Riverpath Task Order.pdf
Item 10 - De Novo Hearing_DRB21-018 (Ziskin)_Staff Report Continued.pdf Item 11 - 941 CDM Development Agreement.pdf
Item 12 - 2022 Meeting Schedule.pdf
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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, July 25, 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 July 25, 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: July 11, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated July 25, 2022 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
Del Mar City Council Regular Meeting July 25, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
4. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.
Reference: Clerk’s File No. 401-7
5. License Agreement with EDCO Disposal Corporation for Use of Public Works Yard
Recommended Action: Staff recommends the City Council approve a license agreement (Attachment A) with EDCO Disposal Corporation (EDCO) for the use of approximately 10,000 square feet of space at the City’s Public Works yard for the temporary storage of container equipment and authorize the City Manager to execute the license agreement.
Reference: Clerk’s File No. 103-3, 702-2
6. Construction Contract with Peterson-Chase General Engineering Construction, Inc. for the Torrey Pines Road Bridge Deck Treatment Project Recommended Action: Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Torrey Pines Road Bridge Deck Treatment Project (Project) to Peterson-Chase General Engineering Construction, Inc.; and 2) Authorize the City Manager to execute the contract.
Reference: Clerk’s File No. 406-1
7. Finance Committee Appointments
Recommended Action: Councilmembers Gaasterland and Quirk, as Council liaisons to the Finance Committee, recommend that the City Council appoint Steven McDowell and William Scott as voting members to the Committee to serve full three-year terms effective August 1, 2022, and ending on August 31, 2025.
Reference: Clerk’s File No. 401-5
8. First Amendment to the Agreement with Michael Baker International for As- Needed Civil Engineering, Traffic Engineering, and Development Review Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment (Attachment A) to the as-needed Consulting Services Del Mar City Council Regular Meeting July 25, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Agreement with Michael Baker International, amending the cost of services; and 2) Authorize the City Manager to execute the First Amendment.
Reference: Clerk’s File No. 406-1
9. Task Order with Helix Environmental for the Riverpath Del Mar Extension Project Phase 3
Recommended Action: Staff recommends that the City Council approve a task order with Helix Environmental (Helix) for additional environmental services related to the Riverpath Del Mar Extension Project Phase 3 (Attachment A).
Reference: Clerk’s File No. 406-1
IX. PUBLIC HEARINGS
10. Continuation of a De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve Design Review Permit (DRB21-018), Land Conservation Permit (LC21-008), and Coastal Development Permit (CDP21- 012) to demolish a 2,091 square-foot, one-story residential structure and to allow construction of a new 2,000 square-foot, two-story residential unit with associated grading, landscape, and site improvements at 624 8th Street, in the R1-10 Zone
Project Applicant: Matthew and Chelsea Ziskin
Appellants: Nigel Hook and Janet Wilson
Project Location: 624 8th Street/APN# 300-252-14-00
Recommended Action: Staff recommends that the City Council review the revised project request relative to the applicable standards of the Del Mar Municipal Code (DMMC) and adopt the Resolution (Attachment A) conditionally approving the requested development applications if the Council determines that the project design is consistent with all provisions of the City’s Design Review Ordinance (DMMC Chapter 23.08).
Reference: Clerk’s File No. 301-5
11. Continued from July 11, 2022: Introduction of an Ordinance Approving a Development Agreement (DA 22-001) 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: That the City Council introduce the proposed Ordinance approving Development Agreement DA22-001 (Attachment A) and an associated Regulatory Housing Agreement for 941 Camino Del Mar (Exhibit C to Attachment A).
Del Mar City Council Regular Meeting July 25, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-4, 406-1
X. COUNCIL BUSINESS
12. Amended 2022 City Council Meeting Schedule
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) amending the 2022 City Council Meeting Schedule (Exhibit A to Attachment A) to add a regular City Council meeting on August 10, 2022.
Reference: Clerk’s File No. 401-1
XI. 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
XII. 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)
Del Mar City Council Regular Meeting July 25, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIII. 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.
August 10, 2022 (Tenative)
941 Camino del Mar Specific Plan Development Agreement and Regulatory Housing Agreement (Second Reading of Ordinance/Adoption)
Amendment to Agreement with MSC Janitorial Services
Proposed Reclassification of Positions in the Public Works Department Council Discussion Regarding Continuation of Remote Public Meetings (tentative) XIV. 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 20th day of July, 2022, at approximately 5:40 p.m.
___________________________________________ 7/20/2022
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
July 11, 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 4:30 p.m.
ROLL CALL
Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, and Dan Quirk
Absent: Councilmember Terry Gaasterland (Joined the meeting at approximately 5:23 p.m.)
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no reportable actions for the July 11, 2022, City Council Closed Session meeting. For Item C, Councilmember Druker was recused due to living within 500 feet of the subject matter location. The Closed Session City Council Meeting was adjourned at 3:50 p.m.
PLEDGE OF ALLEGIANCE
Mayor Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported on the allocation of $300 million in State funding that will be allocated to the San Diego Association of Governments (SANDAG), which they will use to complete the studies required to relocate the train tracks off the Del Mar bluffs.
Mayor Worden reported on the 4th of July Parade hosted by the Del Mar Foundation; local protest objecting to the recent Supreme Court decision overturning Roe vs. Wade; City Council recess for the month of August with City Council meetings resuming on September 6, 2022; a recent meeting between City staff and Mike Levin regarding City projects included in a federal funding request he is supporting that was submitted by the City for funding to support the City’s Sand Compatibility and Opportunistic Use Program (SCOUP), Living Levee, and Riverpath Phase 3 projects; and the City’s transition to EDCO for waste hauler, recycling, and organics recycling services. 1 July 25, 2022 Item 01
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CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the City’s transition to EDCO for waste hauler services, which went into effect on July 1, 2022, and the 2022 November General Municipal Election candidate filing period.
PRESENTATIONS
ITEM 1: PRESENTATION FROM MEL KATZ, DEL MAR REPRESENTATIVE TO THE SAN DIEGO COUNTY WATER AUTHORITY (CLERK’S FILE NO. 1506-3)
Public Works Director Joe Bride introduced the item. A presentation was provided by Del Mar Representative to the San Diego County Water Authority Board (SDCWA)/SDCWA Board Vice Chair Mel Katz and San Diego County Water Authority Deputy General Manager Dan Denham.
City Council questions and discussion focused on the City of San Diego pure water program; appreciation to SDCWA Vice Board Chair Mel Katz for his service; break down of residential versus agricultural water usage in San Diego County; future of desalinated water and desalination projects in California; energy tradeoffs involved in desalination versus pumping water from east of the Mississippi; whether SDCWA is pursuing covering canals to prevent evaporation; and impacts to the western grid system and hydropower supply related to the drought conditions affecting Lake Mead and Lake Powell.
There were no public speakers
CONSENT CALENDAR
There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6 AND 8 THROUGH
10. (VOTE 4-0-1 WITH COUNCILMEMBER GAASTERLAND ABSENT)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker and Quirk; Noes: 0;
Absent: Councilmember Gaasterland; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JUNE 13, 2022 SPECIAL MEETING, JUNE 20, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED JULY 11, 2020 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401- 4)
Council waived the reading of ordinances, on consent.
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ITEM 5: APPROVAL OF A FOURTH AMENDMENT TO THE AGREEMENT WITH ADAM
KAYE FOR AS-NEEDED PUBLIC INFORMATION, COMMUNICATION, AND OUTREACH SERVICES (CLERK’S FILE NO. 406-1)
Council approved a Fourth Amendment to the Agreement with Adam Kaye for asneeded public information, communication and outreach services through June 30, 2023, and authorized the City Manager to execute the Fourth Amendment, on consent.
ITEM 6: AGREEMENT WITH THE DEL MAR VILLAGE ASSOCIATION (DMVA) FOR ECONOMIC DEVELOPMENT SERVICES FOR FISCAL YEAR 2022-2023 (CLERK’S FILE NO. 406-1; 1202-6)
Council approved an Agreement with the DMVA for FY2022-23 Economic Development Services totaling $50,000, and authorized the City Manager to execute the agreement, on consent.
ITEM 7: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
The item was pulled from the Consent Calendar for a brief staff presentation and City Council questions. Councilmember Terry Gaasterland joined the meeting.
A brief presentation was provided by Administrative Services Manager/City Clerk Sarah Krietor. City Manager Jones answered Council questions and addressed the comments raised in the red dot received from Laura DeMarco related to resuming inperson meetings. It was moved by Councilmember Druker and seconded by Councilmember Gaasterland to adopted Resolution 2022-52, “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 COVID19 global pandemic, on consent. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 8: SECOND READING AND ADOPTION 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 AND RESOLUTION REAFFIRMING THE CITY’S INTENT TO REMAIN IN STAGE 1 DROUGHT WATCH CONDITION (CLERK’S FILE NO. 401-4; 401-9)
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Council adopted Ordinance 991, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE SECTIONS 21.70.110 (DEMAND MANAGEMENT/DROUGHT RESPONSE STAGE 1 — DROUGHT WATCH CONDITION) AND 21.70.120 (DEMAND
MANAGEMENT/DROUGHT RESPONSE STAGE 2 — DROUGHT ALERT
CONDITION) TO REVISE EMERGENCY WATER MANAGEMENT REQUIREMENTS FOR DROUGHT WATCH AND ALERT CONDITIONS and Resolution 2022-51, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, REAFFIRMING DROUGHT RESPONSE STAGE 1 - DROUGHT WATCH AND
ENCOURAGING CONTINUED VOLUNTARY ADHERENCE WITH WATER DEMAND REDUCTION MEASURES”, on consent.
ITEM 9: SUSTAINABILITY ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
Council appointed Sean McDowell to the Sustainability Advisory Committee as a voting member to serve a full three-year term effective July 11, 2022 and ending on July 31, 2025, on consent.
ITEM 10: APPROVAL OF AGREEMENT FOR AS-NEEDED AFFORDABLE HOUSING CONSULTING SERVICES (CLERK’S FILE NO. 303-1; 406-1)
Council approved an as-needed agreement with Whitaker Real Estate Services and authorized the City Manager to execute the agreement, on consent.
PUBLIC HEARING
ITEM 11: CONTINUED FROM JUNE 20, 2022: INTRODUCTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA 22-001) 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”). (CLERK’S FILE NO. 401-4; 406-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Matt Bator and Assistant City Attorney Barry Shultz.
Council questions focused on the Planning Commission findings; clarification on the requirements that would need to be met by the October 15, 2022, deadline and the ten-year deadline included in the development agreement; how the two deed restricted units included in the 941 Camino del Mar Project (Project) are accounted for in the City’s 6th Cycle Housing Element; logistics and standards for mandatory turnover of affordable units included in the agreement; anticipated construction timeframe for the Project; location of the affordable units on the site; whether failure to complete the two deed restricted units could result in by-right development at the Project site in the future under the City’s 6th Cycle Housing Element; whether the developer has any objections to the development 4 July 25, 2022 Item 01
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July 11, 2022
and regulatory housing agreements as proposed; and the types of retail expected on the ground level of the project.
There were no public speakers for the item.
Council discussion included the desire to focus on the development agreement and to discuss the details and requirements for the affordable units at a future meeting; consideration of the staff time that will be required in relation to this project; concern about the timeframe associated with the development agreement and potential for by-right development in the future if the project is not completed within the City’s 6th Cycle Housing Element period; and clarification on the Project’s zoning.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR
MARTINEZ TO APPROVE INTRODUCTION OF ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA 22-001) 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”) WITH AN AMENDMENT TO CHANGE THE DEADLINE FROM 10 YEAR TO A SEVEN YEAR OR FOUR YEAR DEADLINE. (VOTE:
COUNCILMEMBER GAASTERLAND WITHDREW MOTION)
COUNCILMEMBER DRUKER MOVED A SUBSTITUTE MOTION, SECONDED BY
COUNCILMEMBER GAASTERLAND, TO TABLE/CONTINUE CONSIDERATION OF THE ORDINANCE UNTIL THE JULY 25, 2022 COUNCIL MEETING. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 12: POWERHOUSE PARK TOT LOT RENOVATION PROJECT – APPROVAL OF CONDITIONAL USE PERMIT (CUP) 22-001, COASTAL DEVELOPMENT PERMIT (CDP) 22-009, AND DESIGN REVIEW PERMIT (DRB) 22-011 AND AUTHORIZATION TO PURCHASE PLAY EQUIPMENT (CLERK’S FILE NO. 301-4; 301-18; 1401-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Interim Assistant City Manager Clem Brown and Associate Planner Jennifer Gavin. Principal Engineer Karen Falk was available to answer questions along with City consultant Daryl Brady with KOMPAN.
Council questions and discussion focused on the height of the swings; support for the project; typical useful life of the rubberized surface; clarification on the bid process for bringing a qualified contractor on board; strategies for preventing rust on the metal portions of the playground equipment; clarification on the construction component costs of the project and the overall cost estimate; consideration of timing for purchasing the equipment and going out to bid; appreciation to staff for their work on the project; and appreciation to the Friends of the Powerhouse and community for their fund raising efforts.
There were no public speakers for this item.
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IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2022-53, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING DESIGN REVIEW BOARD PERMIT DRB22-011, CONDITIONAL USE PERMIT CUP22-001, AND COASTAL DEVELOPMENT PERMIT 22-009 TO
REMOVE AND REPLACE EXISTING PLAYGROUND EQUIPMENT AND MAKE RELATED
IMPROVEMENTS TO THE RUBBERIZED SURFACE AND DRAINAGE WITHIN THE PP (PUBLIC
PARKLAND) ZONE AND THE OPEN SPACE, BEACH, AND COASTAL BLUFF OVERLAY ZONES AT POWERHOUSE PARK, DEL MAR, CALIFORNIA”; AND AUTHORIZED THE
PURCHASE OF KOMPAN PLAY EQUIPMENT VIA A COOPERATIVE PURCHASE AGREEMENT WITH OMNIA PARTNERS FOR A NOT-TO-EXCEED AMOUNT OF $102,580. (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 7:11 p.m. to 7:20 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 13: DESIGNATION OF VOTING DELEGATE AND VOTING DELEGATE ALTERNATE(S) TO THE LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE (CLERK’S FILE NO. 1506-2)
A brief presentation of the item was provided by Administrative Services Manager/City Clerk Sarah Krietor.
Council questions focused on the deadline to register for the conference and whether remote attendance options were available.
There were no public speakers for this item.
Council consensus was to not designate a City Council representative to attend the League of California Cities 2022 Annual Conference due to scheduling conflicts.
ITEM 14: CONSIDERATION OF A PROPOSAL FROM THE CITY ARTS ADVISORY
COMMITTEE AND DEL MAR FOUNDATION FOR PLACEMENT OF PUBLIC ART AT THE DEL MAR CIVIC CENTER (CLERK’S FILE NO. 1202-5)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Mayor Worden and Councilmember Druker, liaisons to the Arts Advisory Committee.
Mayor Worden opened the item to public comment and Betty Wheeler, Del Mar Foundation President spoke. Mayor Worden closed the item to public comment.
Council discussion focused on clarification that Council is being asked to approve authorizing the Del Mar Foundation, in partnership with the City’s Arts Advisory Committee, to hire a consultant to explore the feasibility of placing art at the City’s Civic Center in accordance with the City’s Public Arts Policy.
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IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR WORDEN TO
APPROVE IN CONCEPT, THE POTENTIAL DISPLAY OF ARTWORK AT THE DEL MAR CIVIC
CENTER AND AUTHORIZE THE ARTS ADVISORY COMMITTEE (AAC) TO WORK ON A
PROPOSAL FOR THE ACQUISITION AND INSTALLATION OF PUBLIC ART OUTDOORS AT THE CIVIC CENTER, CONSISTENT WITH THE CITY’S ADOPTED PUBLIC ART POLICY. (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; Traffic and Parking Advisory Committee; Del Mar Community Connections; San Diego Association of Governments (SANDAG) Board; SANDAG Shoreline Preservation Working Group; and Lagoon Committee.
ADJOURNMENT
Mayor Worden adjourned the meeting at 7:58 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
7 July 25, 2022 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
JULY 11, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Worden called the meeting to order at 3:00 P.M.
ROLL CALL
Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Liabilities related to fencing at/near NCTD rails Authority: Government Code Section 54956.9(b)
Reportable Action: None.
C) Conference with Legal Counsel - Existing Litigation
The Winston School of San Diego, Inc. v. City of Del Mar San Diego Superior Court Case No. 37-2021-00042977-CU-CO-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. Councilmember Druker was recused from this item due to living within 500 feet of the subject matter location.
ADJOURNMENT
Mayor Worden adjourned the meeting at 3:50 P.M.
Sarah Krietor, Administrative Services Manager/
City Clerk
8 July 25, 2022 Item 01
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.
DISCUSSION/ANALYSIS:
On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.
On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council has reconsidered the circumstances of the state of emergency every thirty (30) days and has adopted a number of resolutions extending remote public meetings. Most recently, Resolution 2022-52 was adopted July 11, 2022, to continue with remote meetings through August 10, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
1 July 25, 2022 Item 04
City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 July 25, 2022
Staff recommends the City Council adopt the Resolution (Attachment A) in order for there to be no gap in the City’s ability to hold public meetings, including special meetings, remotely between August 10, 2022 when Resolution 2022-52 expires, and August 24, 2022 when the proposed Resolution (Attachment A) would expire. Approval of the proposed Resolution (Attachment A) will allow the City Council, Planning Commission, Design Review Board, and City advisory committees to continue to meet remotely through August 24, 2022.
On April 18, 2022, the City Council considered timing options for resuming in-person public meetings. Given the public health circumstances and time needed to facilitate a smooth transition to in-person meetings, Council is targeting September 2022 for resuming in-person meetings beginning with the September 6, 2022, City Council meeting.
If the City Council determines that the public health circumstances warrant the City continuing with remote public, after August 24, 2022, when the proposed Resolution (Attachment A) will expire, additional City Council action will be needed at a City Council meeting in August 2022. As a separate item on the City Council agenda for consideration, a regular meeting is proposed to be added to the Council meeting scheduled for 2022, which would be held on August 10, 2022. This meeting would provide the Council with an opportunity to take action to continue to meet remotely if the health circumstances continue to warrant doing so.
PRIOR CITY COUNCIL REVIEW:
The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020, and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021; Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13, 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022-26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on June 6, 2022; Resolution 2022-29 on June 20, 2022; and Resolution 2022-52 on July 11, 2022, allowing for the continuation of remote public meetings under the provisions established by AB361.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the 2 July 25, 2022 Item 04
City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 July 25, 2022
environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not specifically related to the identified Council goals and priorities for FY 2022-23.
ATTACHMENTS:
Attachment A – Resolution Related to AB361 Thirty (30) Day Continuance 3 July 25, 2022 Item 04
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER
GOVERNMENT CODE SECTION 54953 RELATED TO
ASSEMBLY BILL 361 IN ORDER TO CONTINUE THE USE OF
TELECONFERENCE OR A REMOTE MEETING PLATFORM TO
FACILITATE REMOTE PUBLIC MEETINGS
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and
WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with Assembly Bill 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13; 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022-26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on 4 July 25, 2022 Item 04
Resolution No. 2022-XX
June 6, 2022; Resolution 2022-39 on June 20, 2022; and Resolution 2022-52 on July 11, 2022; and
WHEREAS, on July 25, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for the next thirty (30) days in accordance with AB361 based on the following findings:
1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.
BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 25th day of July 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
5 July 25, 2022 Item 04
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 25th day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk, City of Del Mar
6 July 25, 2022 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Interim Assistant City Manager
Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: License Agreement with EDCO Disposal Corporation for Use of Public Works Yard
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council approve a license agreement (Attachment A) with EDCO Disposal Corporation (EDCO) for the use of approximately 10,000 square feet of space at the City’s Public Works yard for the temporary storage of container equipment and authorize the City Manager to execute the license agreement.
BACKGROUND
Since at least 1986, the City has issued an operations permit for use of space in the back lot of the Public Works Department (Public Works Yard) to the City’s franchised solid waste hauler, Waste Management, for the temporarily storage of trash, recycling, green waste, and construction and demolition containers to better service City customers. Under the current operations permit, which expires July 31, 2022, Waste Management has permitted use of 1.9 acres of the back lot and pays the City’s $1,067 in monthly rent, totaling $12,804 annually, to store their containers. During the transition of the City’s solid waste collections contract to EDCO, Waste Management allowed EDCO to use their permitted use of space as a temporary staging area for their new containers.
As of July 31, 2022, Waste Management no longer has use of the area and plans to terminate the operations permit. As the City’s new franchised hauler, EDCO desires to enter into a similar agreement with the City and use space in the back lot to temporary store containers to better service customers in the City.
DISCUSSION/ANALYSIS:
The City and EDCO have negotiated a proposed license agreement in good faith that will allow EDCO to use a reduced portion of the Public Works Yard to temporarily store containers and be more responsive to service calls from the community. The terms of the proposed license agreement with EDCO are more favorable for the City than the prior operations permit with Waste Management.
1 July 25, 2022 Item 05
City Council Agenda Report
Public Works Yard License Agreement with EDCO
July 25, 2022
For example, ECDO proposes to use a reduced portion of the Public Works Yard totaling approximately 10,000 square feet, or 12% of the almost two (2) acres that Waste Management had permitted use of (as shown in Exhibit A to Attachment A), and pay a monthly rent of $1,530, which will be increased annually by the Consumer Price Index, in an amount no less than 2% and no more than 5%. This will equate to an annual revenue amount of $18,036 in the first year, which is an increase of $5,232 (41%) annually in comparison to the current operations permit with Waste Management.
The term of the license agreement will be month-to-month, which gives the City flexibility to terminate the agreement with 90-days written notice to EDCO if the City needs that space to support its operations or as a staging area for future capital improvement projects.
Finally, the proposed license agreement includes several provisions that require EDCO to minimize impacts to the surrounding residential and commercial areas and the City’s operations. These include noise and dust control measures and monitoring truck speeds along the public works access road to ensure the safety of the public.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Approval of the license agreement will result in revenue to the City totaling $18,360 during the first 12-months of the agreement. Any adjustments to City revenues related to the license agreement will be included in the Fiscal Year 2022/23 Midyear Budget Update.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Additionally, the continued use of a portion of the public works yard is considered an “existing facility” and therefore is determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1).
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not specifically related to the identified Council goals and priorities for FY 2022-23.
ATTACHMENTS:
Attachment A – License Agreement with EDCO for Use of City Public Works Yard 2 July 25, 2022 Item 05
LICENSE AGREEMENT
BETWEEN CITY OF DEL MAR AND EDCO DISPOSAL CORPORATION
This LICENSE AGREEMENT ("License") is made and entered into this 1st day of August, 2022 (“Effective Date”), by and between the CITY OF DEL MAR, a Charter City and a municipal corporation ("City") and EDCO DISPOSAL CORPORATION, a California corporation ("Licensee") (collectively “Parties”).
RECITALS
A. City owns real property, known as the Public Works yard, located at 2240 Jimmy Durante Blvd, Del Mar, CA 92014 (the “Property”).
B. A limited portion of the Property is available for use, herein referred to as “Premises,” and is further described in Section 1.1 and depicted in Exhibit A below.
C. The City desires to make the Premises available for the limited use of Licensee for storage and staging associated with solid waste collection services to the community, and this License is intended to formalize the terms, conditions, and understandings between the Parties for Licensee’s use of the Premises.
D. This agreement is a license to use the Premises for the purposes provided herein. This agreement does not give Licensee a leasehold interest or any tenancy interest in the Premises.
E. Use of the Premises by Licensee facilitates the provision of solid waste collection services to the community and is in the public interest.
AGREEMENT
NOW, THEREFORE, the Parties hereby agree as follows:
SECTION 1: PREMISES AND USES
1.1 Premises
City hereby licenses to Licensee a vacant, unimproved and uncompacted portion of the Property totaling approximately 10,000 square feet, or approximately 12%, of the rear outdoor storage yard as further defined and depicted in Exhibit A hereto (“Premises”).
Licensee acknowledges that the City’s use of the Property is superior to that of Licensee and that the City may suspend the right to utilize the Premises upon reasonable notice.
1.2 Conditions for and Limitations on Use
Use and occupation of the Premises by Licensee is limited to outdoor storage and staging of Licensee’s equipment related to solid waste collection services. Except to service City’s public works containers located on the Property, Licensee’s waste collection vehicles are limited to entering and exiting the site approximately ten (10) times daily, and during the hours of 7 a.m. and 6 p.m. unless prior approval is received from City. Vehicles are expected to use extreme caution and are limited to a maximum speed of ten (10) miles per hour when entering/exiting the Premises. As the Premises consists of a vacant, unimproved dirt lot, Licensee shall make reasonable efforts to minimize any soil disturbance that would create a dust nuisance when operating inside the Property. Licensee shall also make every reasonable effort to minimize noise impacts during use of the Premises. 3 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
Licensee will promptly notify the City of any damage, or of any situation that may significantly interfere with the normal use of the Premises. The Licensee will not engage in any illegal trade or activity on or about the Premises. The City and Licensee will comply with standards of health, sanitation, fire, housing and safety as required by law.
1.3 Surrender of Premises
At the expiration of the License Term, the Licensee will quit and surrender the Premises in as good a state and condition as they were at the commencement of this License, reasonable use and wear and damages by the elements excepted. Except as otherwise authorized by the City, the Licensee shall remove all of the Licensee's property and/ or improvements including merchandise, supplies, furnishings and equipment owned or leased by the Licensee, at the Licensee's sole cost and expense.
SECTION 2: TERM AND TERMINATION
2.1 The term of the License (“Term”) shall commence on August 1, 2022, and continue on a month-to-month basis.
2.2 Either Party may terminate the License for any reason, without cause, with at least ninety (90) days written notice prior to the intended termination date. Licensee will continue to have unimpeded access to the Premises through the date of termination.
2.3 If the Premises are destroyed or damaged so as, in Licensee’s judgment, to hinder its effective use of the Premises, Licensee’s only remedy shall be to terminate this Agreement upon thirty (30) days’ written notice to City.
SECTION 3: LICENSE FEE
3.1. License Fee Amount
Subject to the provisions of this License, Licensee will pay City an initial monthly fee of One Thousand Five Hundred and Thirty Dollars ($1,530) per month for the Premises (the “License Fee"). The License Fee will be paid on or before the 5th of each month during the Term of the License.
No acceptance by the City of any amount less than the full License Fee will be taken to operate as a waiver by the City for the full amount or in any way to defeat or affect the rights and remedies of the City to pursue the full amount.
3.2 Annual License Fee Increases
On the anniversary of the Effective Date, and each year thereafter, the License Fee shall be adjusted based on the percentage change in the Consumer Price Index (CPI) for the San Diego region in comparison to the same time in the prior year (“Annual CPI Adjustment”), with a minimum increase of 2% and maximum increase of 5%.
SECTION 4: NO ASSIGNMENT OR SUBLETTING
This License is solely for the use of the Premises by Licensee as provided in Section 1.
Licensee shall not assign this License or any interest therein and shall not sublet the Premises or any part thereof, or grant any right or privilege to use or occupy the Premises or any right or privilege thereof, without the prior written consent of City. Any such assignment 4 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
or subletting without such consent shall be void and shall, at the option of City, terminate this License.
SECTION 5: DEFAULTS AND REMEDIES
5.1. Default
In the event that:
A. Licensee shall default in the performance of any condition required by this License to be performed by Licensee and shall fail to cure said default within thirty (30) days following written notice thereof from City; or if any such default is not curable within thirty (30) days, and Licensee shall fail to commence to cure the default(s) within said thirty-day period and diligently pursue such cure to completion; or B. Licensee shall voluntarily file or have involuntarily filed against it any petition under any bankruptcy or insolvency act or law,
then City shall terminate this License and all rights of Licensee and of all persons claiming rights through Licensee to the Premises or to possession thereof; and City may enter and take possession of the Premises.
Any alleged Licensee default may not result in termination unless such default continues uninterrupted after applicable cure periods set forth in Section 5.1.A.
5.2. Waiver
Any waiver by the City of any failure by the Licensee to perform or observe the provisions of this License will not operate as a waiver of the City's rights under this License in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the City's rights in respect of any subsequent default or breach. Further, any failure by City to discover a default or take prompt action to require the cure of any default shall not result in an equitable estoppel, but City shall at all times, have the legal right to require the cure of any default when and as such defaults are discovered.
SECTION 6: INSURANCE
Licensee is hereby advised and understands that the personal property of the Licensee and Licensee’s operations on and use of the Premises are not insured by the City for either damage or loss, and the City assumes no liability for any such loss. Licensee shall purchase and maintain at all times during the Term of this License insurance policies of the types, at the same limits, and subject to the same conditions and requirements as required under the Franchise Agreement between the City of Del Mar and EDCO Disposal Corporation for Solid Waste Collection Service, specifically section 11.8, which is incorporated herein by reference and made a part hereof. Such requirements include, but are not limited to, the policies containing, or being endorsed to contain, provisions naming City of Del Mar, its elective and appointive boards, commissions, officers, employees, contractors, agents and volunteers as additional insureds.
SECTION 7: INDEMNITY
Licensee shall, to the fullest extent permitted by law, hold harmless, protect, defend (with counsel approved by the City) and indemnify the City, the City Council and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, 5 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
from and against any and all losses, liabilities, claims, suit damage, expenses and costs, including reasonable attorney’s fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to Licensee’s use of the Premises or performance under the License or any negligent or wrongful act or omission by Licensee, its officers, employees representatives, subcontractors, or agents, regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Licensee shall have no obligation, however, to defend or indemnify City if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City.
Licensee agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the use of the Premises or performance under the License by Licensee, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Licensee is liable, and that an adjudication of Licensee’s liability is not a condition precedent to Licensee’s duty to defend. This and all other Licensee indemnity obligations related to the Premises shall survive the termination of this Agreement and shall remain in effect for as long as the underlying claim or action remains viable.
SECTION 8: WASTE, DAMAGE, OR DESTRUCTION
Licensee agrees not to commit or suffer to be committed any unreasonable waste or injury or any public or private nuisance, to keep the Premises reasonably clean and clear of refuse and obstructions, and to dispose of all garbage, trash, and rubbish in a manner conforming to all City codes and satisfactory to City.
If the Premises shall be damaged by any cause which puts the Premises into a condition which is not decent, safe, healthy, and sanitary, Licensee agrees to make or cause to be made full repairs, restoration, or replacement of the damage and to restore the Premises to the condition which existed prior to the damage.
SECTION 9: IMPROVEMENTS/ALTERATIONS/REPAIRS
9.1. Acceptance of Premises
Licensee accepts the Premises in its present physical "as-is" condition, and agrees to make no demands upon City for any improvements or alterations. By signing this License, Licensee represents and warrants that it has independently inspected the Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Premises zoning and land use laws, regulations, and ordinances affecting the Premises, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the Premises.
Licensee agrees it is relying solely on such independent inspection, tests, investigations, and observations in making this License. City represents it is unaware of any material defect with the Premises nor the presence of any hazardous wastes in the Premises. City shall not be responsible for any latent defect or change in condition in the Premises and Licensee's obligations under this License shall not be diminished on account of any defect in the Premises, any change of condition, or any damages occurring on the Premises. Licensee hereby releases City from all future claims, actions, or demands that Licensee may have or may hereinafter have, known and unknown, in any way relating to the quality, fitness, or condition of the Premises, and Licensee specifically waives all rights under California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release 6 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Initial: _________
9.2. Maintenance
Licensee agrees to assume full responsibility and cost for the operation and maintenance of all portions of the Premises and all improvements located on the Premises throughout the Term not otherwise assumed by the City herein. Licensee will make all repairs and replacements necessary to maintain and preserve the Premises in a decent, safe, healthy, and sanitary condition reasonably satisfactory to City during the Term of this License.
Licensee is responsible for compliance with Federal and State regulations. The City will reasonably cooperate with Licensee, as requested, in order to allow Licensee to fulfill the obligations contained herein.
9.3. Improvements/Alterations
No improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be materially altered by Licensee without prior written approval by the City.
Further, Licensee agrees that major alterations to approved improvements may not be made on the Premises without prior written approval by the City; however, the City agrees to reasonably cooperate and facilitate reasonable requests by Licensee to improve the Premises, as appropriate. This provision shall not relieve Licensee of any obligation under this License to maintain the Premises in a decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or worn improvements, except as set forth in this License. City shall not be obligated by this License to make or assume any expense for any improvements or alterations assumed by Licensee herein.
9.4. Liens
Licensee shall keep the Premises free and clear from all encumbrances and liens of whatever nature involved in its activities on the Premises. Licensee shall at all times hold City harmless and indemnify City against all encumbrances, liens and/or claims for labor or materials in connection with operations, improvements, alterations, or repairs on or to the Premises occasioned by Licensee and the costs of defending against such claims, including reasonable attorney's fees. City shall not undertake any operations, improvements, alterations or repairs on or to the Premises without the consent of Licensee (which shall not be unreasonably withheld) and shall at all times hold Licensee harmless and indemnify Licensee against all encumbrances, liens and or claims in connection with any City operations or activities involving the Premises.
SECTION 10: TAXES
Licensee agrees to pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Licensee or the Premises, including the land, any buildings, structures, machines, equipment, appliances or other improvements or property of any nature whatsoever erected, installed or maintained by Licensee or levied by reason of the business or other Licensee activities related to the Premises, including any licenses or permits.
Licensee recognizes and agrees that this License may create a possessory interest subject to property taxation, and that Licensee may be subject to the payment of taxes levied on such interest, and that Licensee shall pay all such possessory interest taxes. Licensee further agrees that payment for such taxes, fees and assessments will not reduce any License Fee due City.
7 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
SECTION 11: GENERAL PROVISIONS
11.1. Notices
This License shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: For LICENSEE:
City of Del Mar EDCO Disposal Corporation
Attn: City Manager Attn: President
1050 Camino Del Mar 6670 Federal Boulevard
Del Mar, CA 92014 Lemon Grove, CA, 91945
11.2. Compliance with Law
Licensee shall, at all times, in the construction, maintenance, occupancy, and operation of the Premises, comply with all applicable laws, statutes, ordinances, and regulations of City, county, state, and federal governments at Licensee's sole cost and expense. In addition, Licensee shall comply with any and all notices issued by the City or authorized representative under the authority of any such law, statute, ordinance or regulation.
11.3. City Consent, Discretion
The approval or consent of City, wherever required in this License, shall mean the written approval or consent of the City Manager, unless otherwise specified, without need for further resolution by the City Council. City’s discretionary acts hereunder shall be made in the City Manager’s discretion, unless otherwise expressly provided.
11.4. Severability
If any term, condition or provision of this License is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way. If there is a conflict between any provision of this License and the applicable legislation of the State of California (the 'Act'), the Act will prevail and such provisions of the License will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this License.
11.5. Relocation Benefits
Licensee agrees that its use of the Premises or this License shall not entitle Licensee to any relocation benefits pursuant to federal, state or local law, and waives any such claim against City unless said waiver is prohibited by applicable law.
11.6. City Reserved Rights
City reserves the right to cultivate, occupy or use the Property for any purpose not conflicting, interfering, or inconsistent with the access rights and privileges granted to Licensee herein.
City shall further have the right to make reasonable changes in the location or dimensions, or to change the configuration of the Premises, provided that the relocation or modifications do not significantly reduce either the utility of the License or the Licensee’s ability to enjoy and use the License, or frustrate the purposes for which the License was created. 8 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
11.7. Assumption of Risks
Licensee assumes all risk of loss or damage to the Licensee's property within the Premises, except damage or loss through the negligent acts, omissions, or intentional misconduct of the City. The City shall not be liable to the Licensee, or those claiming through the City, for injury, death, or property damage occurring on the Premises. Furthermore, the Licensee assumes the risks of suitability of the Premises for its intended purpose and expressly acknowledges that City makes no representations or warranties about the viability of Licensee’s intended use.
11.8. Governing Law and Venue
It is the intention of the Parties to this License that the access and use rights granted by this License and the performance under this License, and all suits and special proceedings under this License, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted. Venue shall be established in the County of San Diego in the event of a dispute between the parties.
11.9. Hazardous/Toxic Waste
"Hazardous/Toxic Waste" shall mean those hazardous substances listed by the Environmental Protection Agency in regularly released reports and any other substances incorporated into the State's list of hazardous substances as well as any storm water contamination actually attributable to the Premises.
The Licensee will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.
City is unaware of the existence or release of any hazardous substances, in, on, under or from the Premises. Licensee shall not allow the installation or release of hazardous substances in, on, under or from the Premises. For the purposes of this provision, a release shall include, but not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or otherwise disposing of hazardous substance. "Hazardous substances" shall mean those hazardous substances listed by the Environmental Protection Agency in regularly released reports and any other substances incorporated into the State's list of hazardous substances.
In the event of any release of a hazardous substance as a result of the fault of Licensee, Licensee shall be responsible for all costs of remediation and removal of such substances in accordance with applicable rules and regulations of governmental authorities.
Licensee agrees to assume the defense of, indemnify and hold City harmless from any and all claims, costs and expenses related to environmental liabilities resulting from Licensee's operations or activity on the Premises, including, but not limited to, costs of environmental assessments, cost of remediation and removal, any necessary response costs, damage for injury to natural resources or the public, and costs of any health assessment or health effect studies.
11.10. Legal Fees
In the event of any litigation regarding this License, the prevailing party shall be entitled to an award of reasonable legal costs, including court and attorneys' fees. 9 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
11.11. Entire Understanding
This License contains the entire understanding of the Parties. Licensee, by signing this License, agrees that there is no other written or oral understanding between the Parties with respect to the Premises. Each Party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the License itself. Each of the Parties in this License agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is not contained in this License.
The failure or refusal of any Party to read the License or other documents, inspect the Premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on these actions. No modification, amendment, or alteration of this License will be valid unless it is in writing and signed by all parties.
11.12. Time is of Essence; Provisions Binding on Successors Time is of the essence of all of the terms, covenants, and conditions of this License, and, except as otherwise provided herein, all of the terms, covenants, and conditions of this License shall apply to, benefit, and bind the successors and assigns of the respective parties, jointly and individually.
11.13. Counterparts
This License may be executed in counterparts, all of which taken together will be considered one original document.
11.14. Quiet Enjoyment
Licensee shall peaceably and quietly hold and enjoy the Premises for the Term (and extensions) without hindrance from City or any party claiming by, through or under City.
SECTION 12: SIGNING AUTHORITY
The representative for each Party signing on behalf of their respective entity declares that authority has been obtained to sign on behalf of their respective entity and agrees to hold the other Party hereto harmless if it is later determined that such authority does not exist. [SIGNATURES ON THE FOLLOWING PAGE]
10 July 25, 2022 Item 05
License Agreement – Public Works Yard
EDCO Disposal Corporation
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR, EDCO DISPOSAL CORPORATION
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Steve South, President
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
11 July 25, 2022 Item 05
License Agreement with EDCO - Map of Premises
12 July 25, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: Construction Contract with Peterson-Chase General Engineering Construction, Inc. for the Torrey Pines Road Bridge Deck Treatment Project REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Torrey Pines Road Bridge Deck Treatment Project (Project) to Peterson-Chase General Engineering Construction, Inc.; and 2) Authorize the City Manager to execute the contract.
DISCUSSION/ANALYSIS:
The Torrey Pines Bridge is located at the City of Del Mar’s southern gateway between the City of San Diego and the City of Del Mar, 250 feet south of Carmel Valley Road. Originally built in 1933, the bridge underwent a significant seismic retrofit in 2013 to correct extensive corrosion and spalling in all elements exposed to ocean air. The bridge was subsequently inspected by Caltrans in 2020, providing the recommendation to apply a high molecular weight methacrylate (HMWM) treatment to seal the minor surface cracking on the bridge deck and prevent moisture from getting into and potentially affecting the structural elements. Minor surface cracking is expected to occur on pre-cast concrete girder supported bridges due to temperature fluctuations (causing material expansion and contraction) and heavy traffic loading. HMWM is a Caltrans standard product, commonly used for high traffic areas at new or aging bridges with surface cracking. The treatment provides the benefits of long-lasting traffic safety and is free of toxic volatile organic compounds, which supports the City’s environmentally-friendly practices.
On May 24, 2022, the City issued a notice inviting sealed bids from qualified contractors. The notice was posted on the City’s website, the contractor’s notification web platform eBidboard, and advertised in a newspaper as required by the Public Contract Code regulations. The engineer’s estimate for the project was $71,000. Following the bid solicitation process, two proposals were received from qualified bidders, and their bid amounts are listed below:
1. Peterson-Chase General Engineering Construction, Inc. $102,437
2. Truesdell Corporation of California, Inc. $129,129
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive/responsible bidder. Peterson-Chase General Engineering Construction, Inc. 1 July 25, 2022 Item 06
City Council Agenda Report
Contract for the Torrey Pines Road Bridge Deck Treatment Project July 25, 2022
(“Peterson-Chase”) submitted the lowest bid of $102,437. Staff determined Peterson-Chase’s bid (Attachment B) to be responsive and responsible. If the construction contract is approved by the City Council, the Project is targeted to begin in August 2202 after the contract is executed and a Notice to Proceed is issued. Completion of the Project is expected by the end of September 2022.
The City is utilizing the consultant T.Y. Lin International to inspect the application and ensure the treatment is done according to CalTRANS standards and requirements. The agreement with T.Y. Lin was approved by City Council on February 7, 2022.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. There are sufficient funds available (as described in Table A below) in the Fiscal Year 2022-2023 Operating and Capital Budget to cover the contract costs.
Table A: Project Funding Sources
PROJECT ACCOUNT AMOUNT
FY2023 Approved Funding
Torrey Pines Road Bridge Deck Treatment Project 40.7000.7036 $110,000 Total Funding: $110,000
FY2023 Expenditures:
Construction Contract with Peterson-Chase 40.7000.7036 $102,437 Contingency 40.7000.7036 $5,000
Total Expenditures: $107,437
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with the City Council’s prior determination. This includes action by the City Council on December 1, 2008, adopting a Final Mitigated Negative Declaration (SCH #2008101080) and Mitigation, Monitoring, and Reporting Program (MMRP) that identifies a mitigation framework for construction, operation, and maintenance of the North Torrey Pines Bridge Seismic Retrofit project. No new or substantially greater impacts would result from implementation of the surface treatment for bridge maintenance in accordance with the adopted MMRP. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation the Final MND, the proposed action does not require further environmental review.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The Torrey Pines Bridge Deck Treatment Project is listed as a Tier 1 critical infrastructure project on the Council’s list of Goals and Priorities for FY2022-2023.
ATTACHMENTS:
Attachment A – Contract with Peterson-Chase General Engineering Construction, Inc.
Attachment B – Peterson-Chase General Engineering Construction, Inc. Bid 2 July 25, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC.
FOR TORREY PINES ROAD BRIDGE DECK TREATMENT
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and PetersonChase General Engineering Construction, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the Torrey Pines Road Bridge Deck Treatment Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2018
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to 3 July 25, 2022 Item 06
execute this Contractor, from Director of the Department of Industrial Relations.
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to and approved by the City, in the amount of 100% of bid amount, with and 4 July 25, 2022 Item 06
subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on Torrey Pines Road Bridge Deck Treatment in a time period not to exceed sixty (60) calendar days per Section 6- 3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City.
Construction shall not commence until the City has approved bonds and insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 5 July 25, 2022 Item 06
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
6 July 25, 2022 Item 06
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written 7 July 25, 2022 Item 06
declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
8 July 25, 2022 Item 06
11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract. 9 July 25, 2022 Item 06
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Peterson-Chase G E C, Inc.
Attn: City Clerk Attn: Dick W. Vogels, Vice President
1050 Camino del Mar 16351 Construction Circle West
Del Mar, CA 92014 Irvine, CA 92606
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of three hundred and fifty dollars ($350) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Performance Bond
7. Payment Bond
8. Modifications to the Standard Specifications: General Provisions, Special Provisions, Construction Methods
9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos 10 July 25, 2022 Item 06
10. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond
18. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to 11 July 25, 2022 Item 06
exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
24. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, PETERSON-CHASE GENERAL
a municipal corporation ENGINEERING CONSTRUCTION, INC.
a California Corporation
By: By:
Ashley Jones, City Manager Greg Chase, President
Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
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ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to Torrey Pines Road Deck Bridge Treatment Specifications and Drawings for the description of the scope of work to be performed. 14 July 25, 2022 Item 06
ATTACHMENT B – PROPOSAL/BID SCHEDULE/SCHEDULE OF VALUES ITEM
NO.
DESCRIPTION ESTIMATED
QUANTITY
UNIT UNIT
PRICE
TOTAL
AMOUNT
1 Mobilization/Bonds/Insurance 1 LS $12,300.00 $12,300.00 2 Stormwater
Control/BMPS/Street
Sweeping
1 LS $2,460.00 $2,460.00
3 Traffic Control 1 LS $13,000.00 $13,000.00
4 Striping, Pavement Marker,
and Pavement Marking
Removal
1 LS $7,000.00 $7,000.00
5 Furnish Bridge Deck
Treatment Material
270 GAL $74.00 $19,980.00
6 Prepare Bridge Deck Surface 24,339 SF $0.37 $9,005.43 7 High Molecular Weight
Methacrylate Bridge Deck
Treatment
24,339 SF $0.92 $22,391.88
8 Final Striping 1 LS $16,300.00 $16,300.00
Total: $102,437.31
Total Base Bid of Project in Numbers: $ 102,437.31
Total Base Bid of Project in Words: One hundred and two thousand, four hundred thirty seven Dollars
and thirty one Cents
Payment will be based on actual quantities furnished, installed, or constructed in accordance with the Schedule of Values.
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ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S
NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
16 July 25, 2022 Item 06
BOND NO._____________________
ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 20___, awarded to Peterson-Chase General Engineering Construction, Inc. (“Principal”) a contract for the work described as Torrey Pines Road Bridge Deck Treatment; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, We, the Principal and _______________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses. 17 July 25, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC.
FOR TORREY PINES ROAD BRIDGE DECK TREATMENT
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney. 18 July 25, 2022 Item 06
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 19 July 25, 2022 Item 06
BOND NO._____________________
ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 20 awarded to _________________________________________________________________ (hereinafter designated as the Principal) a contract for the work described as follows:
TORREY PINES ROAD BRIDGE DECK TREATMENT
WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.
NOW THEREFORE, We, the Principal and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the above-referenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the 20 July 25, 2022 Item 06
contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.
This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
(Attach required acknowledgements)
_____________________________
Signature of Attorney-In-Fact
21 July 25, 2022 Item 06
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me , a
notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 22 July 25, 2022 Item 06
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Council Members Terry Gaasterland and Dan Quirk, Liaisons to the Finance Committee
Prepared by Kseniia Izgarskaia, Associate Management Analyst DATE: July 25, 2022
SUBJECT: Finance Committee Appointments
REQUESTED ACTION/RECOMMENDATION:
Councilmembers Gaasterland and Quirk, as Council liaisons to the Finance Committee, recommend that the City Council appoint Steven McDowell and William Scott as voting members to the Committee to serve full three-year terms effective August 1, 2022, and ending on August 31, 2025.
DISCUSSION/ANALYSIS:
The Finance Committee (Committee) was established to advise the City Council on adoption and updates to the City’s operating and capital budgets and all financial reporting issued by the City Treasurer including quarterly updates, six-month actual financial results, and the Annual Comprehensive Financial Report (ACFR). The Committee also reviews and provides recommendations on CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund. The Committee is composed of nine members well versed in financial matters, who serve three-year staggered terms and are limited to serving two consecutive terms. At least eight Committee members must be residents of Del Mar.
There are currently three upcoming vacancies on the Committee due to Bob Gans, Karen Lare, and Judd Halenza’s term expirations on July 31, 2022. City staff advertised these vacancies, and two Citizen Interest Forms (Attachment A) were received during the recruitment period from Steven McDowell and William Scott. The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council appoint Steven McDowell and William Scott to full three-year terms effective August 1, 2022, and ending on August 31, 2025.
If the recommended appointments are approved by the City Council, the Committee will have one remaining vacancy. The City is currently soliciting applications for this vacancy. A copy of the current Finance Committee roster is included as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Forms
Attachment B – Current Finance Committee Roster
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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Scott William Tate
Last Name First Name Middle Initial
Del
Mar 92014
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone
Number
Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
_3__ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
1 Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
2 Other(s) (please
indicate):_Undergrounding_____________
Sustainability Advisory Committee
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
CEO in the medical device industry at both public and non-public companies. Strong skills in New Product Development & Launch, Team Development, Business Development, Acquisitions, Licensing, Patents, and Patent Litigation. SAB selection and management, Salesforce, Communication, Entrepreneurship, Leadership, Boards, Fund Raising, and Venture Capital. Raised over $125m in Venture Capital. 7th Largest Medical Device Patent Infringement Award 2015. 3 Highly Successful Infringement Cases, Multiple Licenses (10+) with industry giants to fully monetize patent estate.
Successful Ex-parte and Inter-parte patent exams. Strong experience as independent director on Boards that include hiring CEO's. Audit and Comp Committees. Independent Board Member(s).
Advisory Board for Utilities Winter Park, FL. 37 Miles of undergrounding of electric utilities. Sunshine Laws Experience. President and board member various HOA’s.
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 8 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Education:
AB ’75 Duke
MBA ’78 Duke Fuqua School
Relevant Experience (job or volunteer etc.):
Advisory Board for Winter Park FL – Utilities – Gas and Water. This is a city owned utility for 30,000 customers with goal to underground all electric by 2026. 37 miles to date. Experience with rate setting in a highly regulated environment. Heavily restricted Sunshine Law impact for discussion. Involvement with Mayor and Commissioners on restricting.
Multiple CEO and Director jobs including JNJ, American Hospital Supply, Luther Medical Products, KFx Medical.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference:
NAME STREET NAME (no house
number)
Phone Number
Wade Walker Oribia Road
Majid Kharrati Oribia
Dean Merideth Seaview Ave
Residency
Month Year
I have been a resident of California since: 1979
I have been a resident of San Diego County since: 1979
I have been a resident of Del Mar since: Returning 2021 None in Del Mar
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 9 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☒ No Just haven’t filed in form
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 10 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? MBA in Finance. Run a public company. Raised significant venture capital funds for private companies.
Audit committees on multiple companies. Utilities Board in Winter Park was Public.
Risk management. Forecasting. Budget Controls. Audit. I’m highly interested in cooperative ways to reduce expense frequently added by companies out of litigation or other liability concerns. Ways to incentivize staff to drive effective cost programs. Planning. Very focused on planning and reporting as ways to management projects. Finally, effective communication to citizens whose eyes often times glaze over with numbers.
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 11 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why? DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 12 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.
Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☒ North Hills ☐ Valley
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 13 July 25, 2022 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _____________________________ __________________________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
No, I am in the X1A Zone.
I am highly interested in minimizing the overall costs of the project through planning and coordination – evaluating, if appropriate, the laterals and ways to get citizens to pay for the city contractors to do the laterals at the time of undergrounding. This was a HIGHLY effective solution in Winter Park during our undergrounding project.
I am the designated committee individual for the San Dieguito Drive Road Project to liaison with the City and have already had the opportunity to work with members of Staff and met with almost all city council members. As an experienced ceo and board member I focus on building my understanding from the ground up and easily traverse different groups.
DocuSign Envelope ID: 6AEEE8B3-DFB2-4FC2-949E-4E6273BA1B4B 6/23/2022
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City of Del Mar
Finance Committee
Appointing Authority City Council
Robert S. Gans
2nd Term Aug 01, 2019 - Jul 31, 2022
Appointing Authority City Council
Karen F Lare
1st Term Jul 31, 2019 - Jul 31, 2022
Appointing Authority City Council
Judd Halenza
1st Term Aug 01, 2019 - Jul 31, 2022
Appointing Authority City Council
K. Alan Lonbom
2nd Term Jul 31, 2020 - Jul 31, 2023
Appointing Authority City Council
Position Vice Chair
Tom L Tullie
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Position Chair
Jeffrey G. Sturgis
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Jas K Grewal
2nd Term Jul 31, 2021 - Jul 31, 2024
Board Roster
Finance Committee Page 1 of 2
15 July 25, 2022 Item 07
Appointing Authority City Council
Position Secretary
Laura Pierce
1st Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Laura S Demarco
1st Term May 02, 2022 - May 31, 2025
Finance Committee Page 2 of 2
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: First Amendment to the Agreement with Michael Baker International for AsNeeded Civil Engineering, Traffic Engineering, and Development Review Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the First Amendment (Attachment A) to the as-needed Consulting Services Agreement with Michael Baker International, amending the cost of services; and 2) Authorize the City Manager to execute the First Amendment.
DISCUSSION/ANALYSIS:
The City uses consultants to perform various civil engineering, traffic, architectural, seawall, and development review services on an as-needed basis. The consultants primarily perform these types of services for the Public Works and Planning & Community Development Departments.
Michael Baker International (MBI) has been the City’s consultant for as-needed civil engineering, traffic engineering, and development review services since 2009. In 2020, the City conducted an open public bidding process and issued a Request for Qualifications (RFQ 2020-09) soliciting proposals from qualified firms to provide asneeded civil engineering, traffic engineering, architectural, seawall engineering, and development review services. As a result of the process, the City entered into the current agreement (Agreement) with MBI on December 7, 2020, for an initial three-year term with an option to extend the agreement for an additional two-year period. The current Agreement with MBI is included as Attachment B.
Due to escalating labor costs resulting from inflation and a competitive labor market, MBI has requested a five-percent (5%) Consumer Price Index (CPI) increase to their fees for engineering and traffic engineering services to be provided during the remainder of the term of the Agreement (Attachment C). As the Agreement does not provide for a CPI adjustment, an amendment to the Agreement is needed in order to revise and formally approve the updated service rates.
1 July 25, 2022 Item 08
City Council Agenda Report
First Amendment to the Agreement with Michael Baker International July 25, 2022
It should be noted that this request does not include an increase to fees for development review services, which are paid by applicants in accordance with the City’s fee schedule.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. At this time, there are sufficient funds available in the Fiscal Year 2022-2023 Operating and Capital Budget to cover the fees identified in the First Amendment. Any necessary adjustments to the budget resulting from the rate adjustment will be included in the Midyear Budget Update.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not specifically related to the identified Council goals and priorities for FY 2022-23.
ATTACHMENTS:
Attachment A – First Amendment to Agreement with MBI
Attachment B – Original Agreement with MBI (2020)
Attachment C – MBI Rate Adjustment Request
2 July 25, 2022 Item 08
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND MICHAEL BAKER INTERNATIONAL
FOR AS-NEEDED CIVIL ENGINEERING, TRAFFIC ENGINEERING, AND
DEVELOPMENT REVIEW SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 25th day of July, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Michael Baker International (“Consultant”) (collectively “Parties”).
RECITALS
WHEREAS, on December 7, 2020, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing as-needed civil engineering, traffic engineering, and development review services for an initial three-year period ending December 7, 2023; and WHEREAS, the Parties now desire to amend the compensation rates for civil and traffic engineering services included in Exhibit B of the Agreement to provide for a fivepercent (5%) Consumer Price Index (CPI) increase; and WHEREAS, this First Amendment is necessary in order to amend the compensation rates for services.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
Section 1. Exhibit B to the Agreement (“Fee Schedule”) is hereby replaced by the new Exhibit B included with this First Amendment to provide for a five-percent (5%) Consumer Price Index price increase to fees for civil and traffic engineering services.
Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
3 July 25, 2022 Item 08
City of Del Mar
First Amendment to Consulting Services Agreement – Michael Baker International
IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.
CITY OF DEL MAR,
a municipal corporation
By:
Ashley Jones, City Manager
MICHAEL BAKER INTERNATIONAL,
a California corporation
By:
Tim Thiele, Vice President
ATTEST:
By:
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
By:
Leslie E. Devaney, City Attorney
4 July 25, 2022 Item 08
City of Del Mar
First Amendment to Consulting Services Agreement – Michael Baker International
EXHIBIT B – Fee Schedule
Title Hourly Rate
Engineering Services Manager $231.00
Assistant Engineering Manager $183.75
Technical Managers / Sr. Engineers $220.50
Landscape Architect $189.00
Project Engineers $168.00
Sr. Engineering Technician $173.25
GIS Supervisor $189.00
GIS Analyst $147.00
Designer/Planner $147.00
Engineering Technicians $120.75
Graphic Artist $115.50
Project Planner $157.50
Environmental Specialist $157.50
Clerical $84.00
Survey Personnel
Title Hourly Rate
2-Person Survey Crew $304.50
1-Person Survey Crew $210.00
Licensed Surveyor $220.50
Filed Supervisor / Construction Managers $189.00
Expenses
Description Cost % Markup
Copy Services At Cost 0%
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July 5, 2022
Joe Bride
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92104
Subject: Michael Baker Contract Rate Adjustment per Consumer Price Index (CPI) Dear Joe,
Michael Baker International (Baker) has been providing contract engineering services since 2009 and our contract was renewed in 2020. Our current contract states that our hourly rates, per exhibit B, were for a period of December 2020 to December 2021 with no provisions for adjustments after the December 2021 date. Therefore, our rates have essentially expired. Past contracts have typically included language for a CPI adjustment, but this contract is void of such language. Over the past 18 months our professionals have received promotions, raises and cost of living adjustments.
We worked with the City’s Public Works Department to estimate the rise in the CPI over the last year and as a result the CPI has risen 5.6%.
At this time we formally request an increase of 5% for our current hourly rates for Engineering and Traffic Engineering services. This request does not cover development services reviews. That is handled separately through applicant review fees paid at time of plan check.
Baker is committed to providing the City exceptional service and depth of resources to accomplish your growing work program.
Sincerely,
Tim Thiele, PE
Vice President
Michael Baker International
21 July 25, 2022 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Adriana Jaramishian, Associate Planner
Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: Task Order with Helix Environmental for the Riverpath Del Mar Extension Project Phase 3
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve a task order with Helix Environmental (Helix) for additional environmental services related to the Riverpath Del Mar Extension Project Phase 3 (Attachment A).
PROJECT DESCRIPTION:
The Riverpath Del Mar Extension Project Phase 3 (Riverpath Phase 3) will complete the last remaining segment of the City’s Riverpath Del Mar Trail by extending the trail from the Grand Avenue Bridge to Crest Canyon as identified in the City of Del Mar’s certified Local Coastal Program (LCP), Land Use Plan (LUP), and Community Plan Transportation Element.
On June 6, 2022, the City Council approved a Conditional Use Permit and adopted a Mitigated Negative Declaration (MND) for the Riverpath Phase 3. Following approval of those items by the Council, the City is required to apply for and receive permits from various State and Federal agencies prior to construction. City staff submitted a Coastal Development Permit application to California Coastal Commission on June 16 and also requested an onsite pre-application meeting with the remaining State/Federal permitting agencies. It is anticipated that Helix’s support will be needed to provide ongoing assistance during the permit processing to attend meetings, address comments, and provide support to City staff throughout the regulatory agency permitting phase.
In addition, the mitigation measures listed in the MND related to impacts to biological resources require on-site mitigation for potential permanent impacts to wetland jurisdiction and sensitive natural communities. These mitigation measures were also listed as conditions of approval in City Council Resolution 2022-36. For this on-site mitigation, the City has received approval from the San Dieguito River Valley Conservancy (SDRVC) to use two recently acquired parcels, together totaling approximately 0.33 acre in size. As a result, a Habitat Mitigation and Monitoring Plan (HMMP) will be developed by Helix in order to satisfy these conditions of approval for mitigation.
1 July 25, 2022 Item 09
City Council Agenda Report
Approval of Helix Task Order - Riverpath Project Phase 3 July 25, 2022
These tasks were included in the original task order with Helix in 2020; however, they were subsequently removed as a result of budget cuts associated with the COVID-19 pandemic.
Project Budget
The combined cost for Helix to complete the work described above is $38,000, which includes a project contingency (Table A).
Currently, the City has a task order with Helix for environmental consulting services related to this project, totaling $161,733. To assist with the regulatory agency permitting, prepare the required HMMP, and replenish the project contingency, Helix provided an updated task order (Attachment A) totaling $38,000 as further described in Table A below.
Table A: Combined Cost of Work
Helix Environmental Services (Attachment A):
Regulatory Permitting Assistance (New Task) $13,500
Coastal Development Permit Support (New Task) $ 4,000
Prepare Habitat Mitigation and Monitoring Plan (New Task) $10,500 Contingency $10,000
Total $38,000
Next Steps
Staff is in the process of acquiring regulatory permits from State/Federal agencies. Staff will return to the City Council for approval of future design and construction activities.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available (see Table B below) in the Fiscal Year 2022-2023 Operating and Capital Budget to cover the costs associated with the new task order with Helix.
Table B: Project Funding Sources
PROJECT ACCOUNT AMOUNT
FY2023 Approved Funding
Riverpath Del Mar Extension Project Phase 3 (FY2023) 21.7000.7007 $150,000 TOTAL: $150,000
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the City adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. The current City Council action in no way limits the exercise of the City or the City Council’s sole and absolute discretion. Therefore, no further CEQA review is required. 2 July 25, 2022 Item 09
City Council Agenda Report
Approval of Helix Task Order - Riverpath Project Phase 3 July 25, 2022
PRIOR CITY COUNCIL REVIEW:
On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $150,000 in Fiscal Year 2021-2022 and $150,000 in FY 2022-2023.
In November 2021, the City Council approved a previous task order in the amount of $51,200 to authorize Helix Environmental to complete the necessary focused surveys for sensitive plants and animals, and for various other tasks related to preparation of the recently adopted Initial Study/Mitigated Negative Declaration (IS/MND).
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item related to the Riverpath Del Mar Extension Project Phase 3 that is an identified Tier 1 Council priority project for FY 2022-23.
ATTACHMENTS:
Attachment A – Helix Environmental Task Order and Budget Proposal 3 July 25, 2022 Item 09
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
June 30, 2022 01197.00002.003
Ms. Adriana Jaramishian
City of Del Mar
Planning Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
SUBJECT: Additional Environmental Consulting Services for the Del Mar River Path Extension Project (PO Number 58-00470)
The original written contract dated October 26, 2020 between HELIX Environmental Planning, Inc. (HELIX) and the City of Del Mar Department of Public Works (City) is hereby augmented as follows:
HELIX is submitting this request for a contract augment to provide additional environmental consulting services for the Del Mar River Path Extension Project (project) located in the City of Del Mar, California.
This augment includes regulatory permitting assistance, coastal development permit support, and a habitat mitigation and monitoring plan. This augment also includes replenishing the contingency fund.
SCOPE OF WORK (See attached )
CURRENT CONTRACT TOTAL $161,732.66
Task No. Task Name Cost ($)
5 Regulatory Permitting Assistance 13,500
10 Coastal Development Permit Support 4,000
13 Habitat Mitigation and Monitoring Plan 10,500
99 Contingency 10,000
Subtotal $38,000
TOTAL REVISED CONTRACT $199,732.66
Sincerely,
Karl Osmundson
Principal Biologist/Biology Group Manager
4 July 25, 2022 Item 09
Contract Augment to Ms. Adriana Jaramishian Page 2 of 5 June 30, 2022
I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and Schedule of Fees.
___________________________
(Client)
By: ___________________________
Name
Title
Date: ___________________________
5 July 25, 2022 Item 09
Contract Augment to Ms. Adriana Jaramishian Page 3 of 5 June 30, 2022
SCOPE OF WORK
Task 5 Regulatory Permitting Assistance. HELIX will provide as-needed assistance to the City during submittal and processing of regulatory permits for the project, including: a Section 404 Nationwide Permit (NWP) with the U.S. Army Corps of Engineers (USACE), a Section 401 Water Quality Certification with the Regional Water Quality Control Board (RWQCB), and a Section 1602 Lake or Streambed Alteration Agreement (SAA) with the California Department of Fish and Wildlife (CDFW). Additionally, HELIX will assist the City with processing of a Coastal Development Permit (CDP) application to the California Coastal Commission (CCC) (see Task 10 below).
As part of this task HELIX anticipates coordinating and attending pre-application/filing meetings with the USACE, RWQCB, and CDFW to talk about the project, proposed mitigation, present the jurisdictional delineation findings, and discuss the regulatory permitting.
Following preparation of permit applications by the City and submittal to the appropriate regulatory agencies by the City, HELIX will provide project on-going support to the City during permit application processing. The City will serve as the primary point of contact for the applications and lead coordination with the regulatory agencies during permit application review and processing. Throughout this review and permit processing period, HELIX anticipates support tasks such as coordinating with City regarding information needs requested by the regulatory agencies, preparing a Habitat Mitigation and Monitoring Plan (see task 13 below) and other additional information/documentation in response to agency comments, project management, and attendance at meetings with the City and regulatory agencies. For purposes of estimating costs in this augment, HELIX has assumed 75 hours of collective labor for HELIX Principal Regulatory Specialist, Biology Project Manager, and GIS time to support the City during permit processing under this task effort. Only the number of hours expended will be billed; if the City requests additional services that expend this budget, an amendment would be required.
HELIX assumes that the project would qualify under Nationwide Permit 14 (Linear Transportation Projects) or alternative NWP instrument issued by the USACE. A 404 Individual Permit from the USACE is not expected; thus, assistance with preparation of a 404(b)(1) alternatives analysis is not anticipated or included this is task. Additionally, this task does not anticipate preparation of a Biological Assessment (BA) to support a Section 7 Consultation between the USACE and U.S. Fish and Wildlife (USFWS). Additionally, it remains unknown whether CDFW would require an Incidental Take Permit (ITP) for the project in accordance with Section 2081(b) of the California Fish and Game Code for incidental take of State listed species (i.e., Belding’s savannah sparrow) under CESA. Preparation or submittal of materials for an ITP is not anticipated and not included in this scope. If during permit application processing the USACE determines an alternatives analysis is needed, a USFWS Section 7 Consulation is required, or a CDFW ITP is requested, a contract augment may be required for HELIX to provide such additional support to the City.
6 July 25, 2022 Item 09
Contract Augment to Ms. Adriana Jaramishian Page 4 of 5 June 30, 2022
HELIX ssumes that payments to the RWQCB and CDFW for the required fees will be provided and submitted by the City. Thuis, this task does not include payment of required permit fees to the RWQCB and CDFW.
Task 10 Coastal Development Permit Support. HELIX will provide as-needed support to the City for a Coastal Development Permit (CDP) with the California Coastal Commission (CCC) for the project. This task includes up to 20 hours collectively for HELIX Principal Biologist, Planner, and GIS staff to assist the City in a CDP application process. Efforts anticipated include drafting materials such as a coastal consistency analysis, public noticing documentation, mitigation proposal, and/or other supporting information. This task assumes that any fees associated with CDP processing would be provided by the City for submittal to the CCC. HELIX anticipates the City would be the lead and primary contact with the CCC.
Task 13 Habitat Mitigation and Monitoring Plan. HELIX will prepare a detailed Habitat Mitigation and Monitoring Plan (HMMP) for the project that will include a description of the mitigation site, target habitat(s) to be restored and/or created, plant seed palettes, irrigation recommendations, and installation and monitoring methods. The HMMP will be developed for the off-site mitigation site and the conceptual mitigation design prepared by HELIX for the Biological Technical Report (BTR) and Mitigated Negative Declaration (MND). The HMMP will be prepared to satisfy the habitat mitigation requirements for the project, including the anticipated regulatory agency permitting described in Task 5 above. This task includes one round of minor revisions to the HMMP by HELIX from comments provided by the City. Major or multiple revisions requested by the City or regulatory agencies would require additional authorization under this contract agreement. The final HMMP will be provided to the City for inclusion into the regulatory permits for the project. This task does not include preparation of construction drawings or specifications, irrigation plans, preparation of a long-term management plan, long-term management funding estimate, or coordination/establishment of a conservation easement or similar site protection instrument.
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this augment. • All terms, assumptions, and limitations presented in the original Agreement remain in effect. • Costs associated with public meetings, surveys/reporting/analysis not specifically described above, mitigation site conservation easement preparation, long-term management endowment estimate, or other (“additional work”) are not included within the scope of services required of HELIX under this augment.
• Task 5 does not include: an Individual Permit from USACE, an Aquatic Resources Delineation Report, a Section 7 consultation with USACE and USFWS, preparation of a Biological Assessment, nor a 2081 ITP from CDFW.
• Task 13 does not include mitigation site construction drawings, irrigation plans, or construction specifications.
• This augment assumes that no hard copies of reports/deliverables to the City or regulatory agencies are necessary. Submittals will include electronic copies of 7 July 25, 2022 Item 09
Contract Augment to Ms. Adriana Jaramishian Page 5 of 5 June 30, 2022
reports/documents/applications to the City and/or regulatory agencies for review, as applicable.
HELIX will revise these deliverables based on a single set of comments provided by the City and/or regulatory agencies, as applicable. Electronic versions of the final documents will be provided to the City and/or regulatory agencies, as applicable. If the City or other Agency has additional comments or requests revisions beyond the labor allocated in this scope, those revisions are not included and would require a contract augment, for which the level of effort would be determined after a review of the comments received. 8 July 25, 2022 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Jennifer Gavin, Associate Planner
Via Ashley Jones, City Manager
DATE: July 25, 2022
SUBJECT: Continuation of a De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve Design Review Permit (DRB21-018), Land Conservation Permit (LC21-008), and Coastal Development Permit (CDP21-012) to demolish a 2,091 square-foot, one-story residential structure and to allow construction of a new 2,000 square-foot, two-story residential unit with associated grading, landscape, and site improvements at 624 8th Street, in the R1-10 Zone
Project Applicant: Matthew and Chelsea Ziskin
Appellants: Nigel Hook and Janet Wilson
Project Location: 624 8th Street/APN# 300-252-14-00
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the revised project request relative to the applicable standards of the Del Mar Municipal Code (DMMC) and adopt the Resolution (Attachment A) conditionally approving the requested development applications if the Council determines that the project design is consistent with all provisions of the City’s Design Review Ordinance (DMMC Chapter 23.08).
EXECUTIVE SUMMARY:
On May 2, 2022, the City Council held a de novo (new) public hearing for permits DRB21-018, LC21-008, and CDP21-012, following an appeal filed against the Design Review Board’s decision to approve the development applications. After receiving public testimony and deliberating, the Council voted (3-1-1) to continue the item to a future hearing in order for the applicant to consider additional design modifications.
This is a continued de novo hearing on applications DRB21-018, LC21-008, and CDP21-012 as part of the City’s appeal process. Council is now asked to determine if sufficient modifications have been made based on the feedback provided by the City Council at the May 2, 2022, public hearing. If the Council determines that sufficient changes have been made and the project is found to be in conformance with the 1 July 25, 2022 Item 10
City Council Agenda Report
DRB21-018, LC21-008, and CDP21-012 (De Novo Hearing)
July 25, 2022
applicable standards of the DMMC, then the Council should adopt a resolution (Attachment A) conditionally approving the project.
PROJECT HISTORY
The subject development applications were heard and approved by the Design Review Board (DRB) on February 23, 2022, per a 6-2 vote. On March 9, 2022, an appeal of the DRB’s decision was filed in a timely manner with the City Clerk. On April 4, 2022, the City Council conducted an Initial Consideration hearing and determined, in the manner set for in DMMC Section 1.12 - Appeals, to set the matter for a de novo public hearing.
On May 2, 2022, the City Council held a de novo public hearing for permits DRB21-018, LC21-008, and CDP21-012. Council voted (3-1-1) to continue the item to a future hearing in order to give the applicant time to seek modifications to the design of the project so that the massing is less concentrated towards the east and to seek to set the structure back further from the front property line, which could be accomplished by reorienting the structure as a whole or a portion of the second story. The May 2, 2022, Council Agenda Report for is included as Attachment B. The meeting video is available on the City’s website: May 2, 2022 City Council Hearing.
ANALYSIS/DISCUSSION:
The project includes a request to demolish an existing one-story single-dwelling unit and garage and to construct a new, two-story, single-dwelling unit with an attached two-car garage, second-story deck, and associated grading, landscape, and hardscape improvements. A more detailed description of the project can be found in the May 2, 2022 City Council Agenda Report included as Attachment B.
Pursuant to feedback provided by the City Council at the May 2, 2022 public hearing, the applicant modified and resubmitted the project for consideration by the Council. The project design has been revised so that the entire first floor of the structure and second story deck have been shifted to the west by two (2) feet and the second story living area has been reconfigured so that the eastern wall is setback two (2) feet further from the eastern property line. The north, south, and western walls are still in the same location.
This results in a larger (eight square feet) second-story deck and no changes have been made regarding moving the structure further to the north (i.e., the revised design retains the same setbacks on the south and north property lines).
A letter to the Council from the applicant explaining the changes and considerations made by the applicant has been included as Attachment C. (New) Correspondence:
As of the writing of this report, the Planning Department has received one new letter in objection to the project from the neighbor to the west (Arline Paa) included as Attachment D.
2 July 25, 2022 Item 10
City Council Agenda Report
DRB21-018, LC21-008, and CDP21-012 (De Novo Hearing)
July 25, 2022
Project’s Consistency with the Design Review Ordinance (DRB21-018):
As the reviewing body, the City Council is asked to make a determination as to whether the submitted application complies with the standards of review contained in DMMC Chapter 23.08 (Design Review). Pursuant to DMMC 23.08.070, “an application shall be approved unless the project is found to violate one or more of the regulatory conclusions of the DRO.”
At the May 2, 2022 hearing the City Council encouraged the applicant to seek revisions that would reduce the concentration of massing of the second-story on the east and to consider a greater front yard setback, which could be accomplished by reorienting the structure as a whole or a portion of the second story. The applicant considered such changes and have returned with a design that shifts the structure two (2) feet to the west, as previously discussed.
Since the May 2, 2022 hearing the neighbor to the west has submitted correspondence expressing potential privacy concerns given that the second story deck also shifted to the west two (2) feet and has not been reduced in size. In response to this concern, staff has added a condition (Attachment A) to revise the deck design to be consistent with the previous setback along the western property line. This will result in a two (2) foot reduction of the usable deck in this area to maintain the previous 15’ 5 ½” side yard setback. A potential way to accomplish this could be to increase the depth of the proposed planter located on the western edge of the deck, or through another means found to be acceptable by the Director of Planning and Community Development.
CONCLUSION
Given the Council feedback at the May 2, 2022 hearing and based on the changes made by the applicant with the staff recommended design change to the western portion of the deck, staff recommends approval of the draft resolution included as Attachment A.
HOUSING IMPACT:
This project would replace an existing single-unit dwelling with a new single-unit dwelling in the “Low Density Residential (R1-10) Zone. Therefore, approval of the requested discretionary development applications would have no impact on the City of Del Mar’s housing supply or housing affordability.
FISCAL IMPACT:
There is no fiscal impact to the City as this is a private development proposal. All fees associated with the project have been paid by the property owners and appellant.
ENVIRONMENTAL IMPACT:
The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA 3 July 25, 2022 Item 10
City Council Agenda Report
DRB21-018, LC21-008, and CDP21-012 (De Novo Hearing)
July 25, 2022
Guidelines Section 15303 Class 3 (e) - New Construction and has further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).
ATTACHMENTS:
Attachment A - Resolution Conditionally Approving the Project Development Applications
Attachment B - May 2, 2022 City Council Agenda Report
Attachment C - Applicant’s Letter to Council
Attachment D - Correspondence
4 July 25, 2022 Item 10
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING DESIGN REVIEW PERMIT DRB21-018,
COASTAL DEVELOPMENT PERMIT CDP21-012 AND LAND
CONSERVATION PERMIT LC21-008 TO DEMOLISH AN
EXISTING SINGLE DWELLING UNIT AND CONSTRUCT A NEW
TWO-STORY RESIDENTIAL UNIT AND ASSOCIATED GRADING,
LANDSCAPE AND OTHER SITE IMPROVEMENTS ON LAND
LOCATED WITHIN THE R1-10 (LOW DENSITY) ZONE AT 624 8TH
STREET, DEL MAR, CALIFORNIA
WHEREAS, the Matthew J. Ziskin and Chelsea B. Ziskin Family Living Trust (Applicant) is the owner of real property commonly referred to as 624 8th Street (APN 300-252-14) (Property); and
WHEREAS, the Applicant filed a verified application for Design Review, Coastal Development and Land Conservation Permits to allow the demolition of the existing single dwelling unit and construction of a new residential unit with attached garage and associated grading, landscape, and other site improvements (Project) on land located within the R1-10 (Low Density) Zone, at the Property; and WHEREAS, the Project constitutes a request as provided by Title 23 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City’s adopted CEQA Supplemental Regulations, the Project has been found to be Categorically Exempt pursuant to Categorically Exempt per Section 15303 (a) (Class 3 – New Construction or Conversion of Existing Structures) in that the Project proposes the construction of one new single-family dwelling (unit), and further; that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2); and
WHEREAS, on February 23, 2022, the Design Review Board (DRB) of the City of Del Mar approved the project on a 6-2 vote; and
WHEREAS, on March 9, 2022 an appeal was filed by Janet Wilson and Nigel Hook (Appellants) in a timely manner with the City Clerk; and WHEREAS, on April 4, 2022 the City Council conducted an Initial Consideration hearing and determined, in the manner set for in DMMC Section 1.12 (Appeals), to set the matter for a de novo public hearing; and
WHEREAS, the Design Review Board’s decision became advisory only; and 5 July 25, 2022 Item 10
Resolution No. 2022-XX
WHEREAS, on May 2, 2022 the City Council conducted a de novo public hearing and continued the item on a 3-1-1 vote with direction to the Applicant to seek plan revisions that would reduce the concentration of massing on the east and to seek to set back the structure further from the front yard setback (either as a whole or at the second story); and WHEREAS, on July 25, 2022 the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Agenda report, dated July 25, 2022 which is incorporated by reference as though fully set forth herein.
d. Additional information submitted during the hearing; and WHEREAS, DMMC Section 23.08.070 provides that a request for a Design Review Permit shall be approved unless the City Council (on appeal) makes findings of fact based upon information presented during a public hearing that support one or more of the Regulatory Conclusions set forth therein; and
WHEREAS, Section 23.33.040 of the Land Conservation Permit Ordinance provides that an application for a Land Conservation Permit shall be approved unless the City Council (on appeal) makes one or more of the findings set forth in the Ordinance; and
WHEREAS, the Coastal Development Permit Ordinance provides that a determination granting a Coastal Development Permit shall be supported by the findings set forth in DMMC Section 30.75.140.
NOW, THEREFORE, BE IT RESOLVED by the Design Review Board of the City of Del Mar as follows:
Section 1: Design Review Permit DRB21-018
Based upon the evidence presented at the public hearings held on May 2 and July 25, 2022, including written and oral staff reports, public written testimony, Applicant’s and Applicant’s representative’s written and oral testimony, and in accordance with DMMC Section 23.08.070, the City Council of the City of Del Mar finds that the Project, as conditioned, will not be detrimental to the Community based on the Regulatory Conclusions Sections of DMMC Chapter 23.08 (Design Review).
6 July 25, 2022 Item 10
Resolution No. 2022-XX
Section 2: Coastal Development Permit CDP21-012
Based upon the substantial evidence presented at the public hearings on May 2 and July 25, 2022, including written and oral staff reports public written and oral testimony, Applicant’s and Applicant’s representative’s written and oral testimony, and in accordance with DMMC Section 30.75.140, the Design Review Board of the City of Del Mar finds:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.
Pursuant to the adopted City of Del Mar Community Plan and Del Mar Zoning Code (the latter certified as the Implementation Plan of the City’s Local Coastal Program), a singlefamily residential dwelling is a permitted use in the property’s R1-10 Zone.
2. That the proposal meets the criteria of the applicable chapters of this Title.
The Project is found to comply with both minimum development standards and the intent of Chapter 30.75 of the Del Mar Municipal Code, with facts and evidence in the record to support the conclusion. No variances or other deviations from standards are proposed.
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).
The Project has been reviewed by the Planning, Building and Public Works Departments and found to comply with applicable minimum standards of development and, therefore will be in conformity with the City’s Certified LCP.
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
The subject property is not located between the first public road and the sea.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
The Project does not propose the construction or placement of a shoreline protection device and so this finding is not applicable.
7 July 25, 2022 Item 10
Resolution No. 2022-XX
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The Project is proposed on privately owned property where no public views presently exist and; the property is not located within nor does it contain any natural features as those referenced in Policy Numbers IV-22 through IV-27 of the LCP Land Use Plan.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The subject property is not cited as containing nor will it result in the creation of a wetland as defined in the LCP and so this finding is not applicable.
Section 3: Land Conservation Permit LC21-008
Based upon the substantial evidence presented at the public hearings on May 2 and July 25, 2022, including written and oral staff reports, public written and oral testimony, Applicant and Applicant’s representative’s written and oral testimony, and in accordance with DMMC Section 23.33.020, the Design Review Board of the City of Del Mar finds that the revised Project will not be detrimental to the Community based on its conformance with DMMC Chapter 23.33 (Land Conservation).
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council, that Design Review Permit DRB21-018, Coastal Development Permit CDP21-012 and Land Conservation Permit LC21-008 are hereby approved subject to the following conditions:
General Conditions:
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.
G-2 [Utility Undergrounding Threshold]
If the total cost of new construction exceeds $7,500 (as determined by the Building Department), all new utility service connections shall be placed underground consistent with the provisions of DMMC Section 30.86.210.
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G-3 [Development authorization limited to plan set]
This permit is granted based on the plans as modified herein which were presented to the City Council at their July 25, 2022 hearing, and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.
G-4 [Encroachment Permit for Work in Right-of-Way]
Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this Permit, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit. Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that DRB of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.
G-5 [Requirement for Building Permits]
Prior to commencement of work, the applicant or agent shall obtain all required Building Permits.
G-6 [Construction and Demolition Waste Recycling Requirement] Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11. This includes, but is not limited to, the submittal of a Construction Waste Management Plan and a minimum diversion of 65% of non-hazardous construction and demolition waste. Signage shall be posted on-site with information identifying materials to be diverted. G-7 [Code compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this permit authorization.
G-8 [Height and Setback Certifications Prior to Framing Sign Off] Prior to sign-off on the framing inspection for the project, the applicant shall provide a statement from a Licensed Surveyor certifying that the building height and setbacks are in conformance with the approved plans for the project. The survey required herein shall be prepared using City of Del Mar approved vertical benchmarks for building height 9 July 25, 2022 Item 10
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certification and reported to 0.01 of a foot. The setback certification shall be based on surveyed property corners as necessary to establish property lines and reported to 0.01 of a foot.
G-9 [Fence/wall Height Limitations]
All fencing, walls, and gates shall conform with all applicable fence height and pool security fencing requirements of the DMMC.
G-10 [Story Pole Removal]
Story poles shall be removed from the property within ten days following the final date of the City’s action on the project application.
G-11 [Plan for Construction-Phase Impacts]
Prior to issuance of Building Permits or commencement of project implementation (whichever comes first), the applicant shall provide a plan for construction-phase parking and equipment/materials storage for the project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking space which will remain available throughout the duration of the project;
d. Location of any temporary sanitary facilities;
e. A note stating that “If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained”;
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);
1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the project.
The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit. The requirements mentioned above may be modified by the Planning and Community Development Director upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.
G-11A In addition to the submittal of a Construction Phase Impact Plan, the applicant must place a Construction Parking Placard in all vehicles associated with the project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the project. A Construction Parking Placard can be obtained from the City of Del Mar Planning Department. 10 July 25, 2022 Item 10
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G-12 [Receipt of Demolition Permit]
Prior to the demolition or removal of any structures on the project site, the applicant shall apply for and gain approval for: a Demolition Permit, as required pursuant to the DMMC; and an accompanying Coastal Development Permit, as applicable.
G-13 [Permit Expiration]
This permit shall expire three years from the date of approval (July 25, 2025) unless a Building Permit has been issued (if required by the DMMC) and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.
G-14 [Preconstruction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. Attendees to this meeting shall include representatives from the City of Del Mar’s Planning and Community Development Department, City Engineer, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this project. At a minimum, the following issues shall be reviewed at this meeting:
a. City of Del Mar inspection requirements.
b. Process for requests for plan modification and determinations of substantial conformance.
c. Discretionary permit conditions and requirements.
d. Construction hour limitations and noise standards.
e. Construction access and parking including equipment/materials storage and maintenance.
f. Work within public rights-of-way and/or easements.
g. Stormwater Best Management Practices.
h. Tree-preservation requirements.
i. Demolition permit requirements.
j. Signage requirements/limitations.
k. Neighborhood impact issues.
l. Key contact information.
m. Business license requirements.
n. Construction and demolition waste diversion requirements o. Any other pertinent construction related activities and or information. 11 July 25, 2022 Item 10
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G-15 [Statement of Accuracy/Agreement Regarding Third-Party Lawsuits] Prior to the issuance of building permits or project commencement, whichever comes first, the applicant shall submit a statement to the Planning Department regarding the accuracy of submitted plans/materials and agreeing to hold the City of Del Mar harmless from third-party lawsuits filed challenging the City’s approval of this permit. The agreement shall also include a commitment to defend the City of Del Mar from any thirdparty lawsuits filed challenging the City’s approval of this permit. The form and content of the statement and agreement required herein shall be subject to the review and approval of the Planning and Community Development Director, or his designee.
G-16 [Compliance with City noise regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m./Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays.
Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).
G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert- 1-800-227-2600) for a mark out of service utilities.
G-18 [Rules for Construction-related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter 30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.
The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.
All construction related signage, including City required signs, shall be removed prior to final approval of the project.
ENGINEERING CONDITIONS:
E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.
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E-2 [Engineering Fee]
Prior to issuance of Building Permits, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-3 [Public Improvements]
Coordination with the City of San Diego will be required for any work performed within the City of San Diego right-of-way.
E-4 [Private Drains]
Unless specifically authorized in permit plans, drains in landscape areas discharging to public rights-of-way shall not be allowed. Drains discharging into public rights-of-way may be authorized, subject to review by the City Engineer and only if warranted by unique site conditions. In such cases, design elements shall be incorporated into the plans which reduce the potential for stormwater pollution and nuisance drainage to the maximum extent practicable. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. All hardscape drains, roof drains, wall drains, and other private drains shall be shown in detail on improvement plans. Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental (including flooding and erosion) to the site or other properties.
E-5 [Grading Plan]
Prior to issuance of Building Permits, the applicant shall obtain a Grading Permit from the City. A Grading Plan shall be prepared in accordance with the latest edition of City’s “Applicant’s Guide to Procedures for a Grading Permit.” The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall:
E-5A The grading for the project shall be performed under the observation of a Registered Civil Engineer whose responsibility shall be to coordinate site inspection and testing to ensure compliance with the approved Grading Plan. The project Engineer shall submit reports to the City Engineer to verify compliance, as deemed necessary.
E-5B A topographic map shall be prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns. Survey shall extend minimum 25 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information;
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E-5C Depict the location of property lines and topographic features of the site that adequately address how private storm water is to be collected, conveyed, and discharged on or across the subject site with respect to the proposed project; E-5D Include a grading cost estimate for review, based on the City of San Diego’s Unit Price List;
E-5E Include provisions to collect, convey, and discharge storm water in an appropriate manner, considering the added impact of impervious surface area to the site;
E-5F Include provisions to ensure that storm water will not be concentrated and discharged across adjacent properties;
E-5G Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the subject property. The Report shall also address the tributary area for run-off directed to and across the subject property. The Report shall include calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties. The Report shall address both existing and proposed conditions. Calculations to include 2-year water quality event and 100-year storm event with mitigation for any increase in flows or change in drainage patterns;
E-5H Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project. This includes the detailing in the plan set of any bio retention/infiltration or vegetated swales which are proposed. Mitigate for any increase in runoff generated by this development.
E-5I Include mitigation measures and project modifications as recommended in the required Geotechnical Report/investigation prepared for the project; E-5J Depict the location of erosion control devices to be implemented in the event of rainfall;
E-5K The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard grading and erosion control notes on the plans;
E-5L Include methods to ensure retaining wall sub-drains and sump pumps will not discharge onto City streets, as they contribute to nuisance water. Sub-drains and sump pumps shall discharge on private property to allow percolation back into the soil;
E-5M Ensure existing or proposed private pipe outlets will not convey or discharge nuisance water (i.e., from irrigation, hardscape run-off, planter area drains, French drains, etc.) onto adjacent streets or into the public right-of-way. The applicant shall provide methods to eliminate the discharge of nuisance water; E-5N Ensure that the development will minimize the amount of impervious surface area and maximize the on-site dissipation of storm water run-off; E-5O Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City 14 July 25, 2022 Item 10
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Engineer. Indicate how the proposed bio-infiltration/retention area or bio-swale will discharge off-site without causing erosion;
E-5P Provide elevations and slope call-outs to clarify how water will drain around the proposed patio hardscape, with assurances the runoff will not be conveyed over sensitive topographic features;
E-5Q Include a five (5) foot wide buffer zone to be maintained along the edge of pavement along the street frontage. No obstructions (i.e., walls, trees, benches, etc.) shall be permitted within this area;
E-5R Include landscaping plans with characteristics that maximize infiltration, provide retention, reduce irrigation and storm water run-off, use efficient irrigation, and minimize the use of fertilizers, herbicides and pesticides; E-5S Ensure that the grading and other construction activities meet the provisions specified in the California Regional Water Quality Control Board (RWQCB), San Diego Region, Order R9-2013-0001, NPDES No. CAS0109266 – Section D.2 and subsequent orders;
E-5T Following construction completion, the project designer shall inspect as-built improvements. Significant discrepancies, if any, between the approved plans and asbuilt conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan; and
E-5U Prior to issuance of Building Permits, the applicant shall post a security in an amount approved by the City Engineer for the proposed grading. Said security shall be in a form acceptable to the City and shall remain in place until completion of the grading and final approval by the City. The amount shall be based on 25% of the approved grading cost estimate prepared as a part of the Grading Permit; E-6 [Geotechnical Report/investigation Requirement]
Prior to issuance of Building Permits, the applicant shall provide a Geotechnical Report for the project. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:
E-6A Include all standard information as required by the City’s Grading Ordinance; E-6B Evaluate existing site constraints;
E-6C Evaluate potential effect of proposed construction on properties; E-6D Provide any mitigation measures as necessary;
E-6E Provide recommendations for any special construction methods as necessary;
E-6F Include the preparation of field tests to be performed at the site during construction, so as to ensure that field conditions are suitable for the approved 15 July 25, 2022 Item 10
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construction. The results of such tests may necessitate revisions to the project with such revisions subject to review by the appropriate City entities; E6G Provide recommendations for back-cuts for the construction of retaining walls.
These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill, or completing construction of the approved retaining walls. If the recommended time deadlines are not met, the applicant, by signing these conditions, grants the City permission to work on their private property to secure the back-cuts, and use the cash security to perform the work; and
E-6H Temporary shoring will be required for this project and the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits for shoring.
E-7 [Authorization for Off-site Work]
E-7A Prior to the issuance of Building Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines. This includes the grading as depicted in the preliminary grading plan and the construction of retaining wall along property lines; and
E-7B The following note shall be included on the plans for the Permit: “No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties.”
E-8 [Grading – Separate Permits for Borrow or Disposal Site] A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits. An Encroachment Permit will be required to identify the haul route proposed for this purpose. If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations.
E-9 [Standard Storm Water Mitigation Plan (SWMP)]
Prior to issuance of Development Permits, the applicant shall submit a Standard SWMP for City review and approval that addresses the following:
E-9A Control the post-development peak storm water run-off discharge rates and velocities to maintain or reduce pre-development downstream erosion; E-9B Minimize pollutants of concern from urban runoff through implementation of source control BMPs;
E-9C Remove pollutants of concern from urban runoff through implementation of structural BMPs;
E-9D Protect slopes and channels from eroding;
E-9E Comply with the City Standard Urban Stormwater Mitigation Plan (SUSMP); E-9F Identify affected receiving water bodies; and
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E-9G Include an exhibit that clearly shows the limits and quantities of impervious area in both the pre and post development conditions.
The structural BMPs required herein shall be designed so as to filter or treat the volume or flow outlined in the numeric sizing criteria outlined below:
Volume
Volume-based BMPs shall be designed to filter or treat the volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record; E-10 [BMP details]
Prior to issuance of Development Permits, all post construction BMPs shall be shown in detail on the construction plans and submitted to the City for review and approval. For all post-construction treatment control BMPs, submit an operation and maintenance manual detailing requirements for the property owner to maintain BMPs into perpetuity. An easement shall be granted to the City for inspection of post-construction treatment control BMPs as needed. The project shall comply with the existing and subsequent Del Mar Jurisdictional Urban Runoff Management Plan and the State of California and National Pollutant Discharge Elimination System (NPDES).
E-11 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction – NEVER as a single or primary method.
E-11A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans; E-11B The applicant shall minimize exposure time of disturbed soil areas; E-11C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; and
E-11D The applicant shall stabilize all slopes per City approved method.
E-12 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.
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E-13 [Updated Title Report]
Prior to the issuance of Building Permits, the applicant shall prepare an updated title report for the property.
E-14 [Compliance with City of Del Mar JURMP]
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).
E-15 [Design of inlets/outlets]
Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties.
E-16 [Sewer Service]
The sewer connection to the public main must be a gravity connection. If a pump is required in order to service the residence, it must transition to gravity flow prior to connection to the public system. A sewer backflow prevention device will also be required if a pump is proposed. The existing Sewer lateral shall be videoed and certified clear of obstructions or damage by a licensed plumber. Should the lateral be damaged, a new lateral shall be installed to service the residence.
E-17 [Proposed Retaining Wall]
The proposed retaining walls shall be designed and constructed completely within the property. No portion of the wall or footing shall extend across the property line. The footing limits of retaining walls shall be shown on the plans together with profiles of the proposed retaining walls located along property lines and right-of-ways.
E-18 [Driveway Slope]
The Grading Plan must include a profile of the proposed driveway. The longitudinal slope must not exceed 8% within 10’ of the street. The slope must not exceed 6% within 25’ of the garage door. Between these two areas, the slope must not exceed 25%.
FIRE CONDITIONS:
F-1 [Class A Roof]
All structures shall be provided with a Class “A” Roof covering to the satisfaction of the California Building and Fire Code. NO wood shake shingles are allowed.
F-2 [Access Road Minimum Dimensions]
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-Family residential driveways; serving no more than four singlefamily dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed 18 July 25, 2022 Item 10
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improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds.
F-7 [Gates]
All drive gates, pedestrian gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations or personnel, are prohibited unless they meet standards approved by the Del Mar Municipal Code 10.04 and California Fire Code. Gates across fire access roadways shall be automatic and equipped with approved emergency key operated switches overriding all command functions and opens the gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, and educational or assembly occupancy group structures, shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. Pedestrian gates shall have a Knox Key Box installed and a key provided for any locked gate. Knox Box mounting height shall be 60 to 70 inches above finished grade maximum. Knox key switch mounting heights for drive gates shall not exceed 42 to 60 inches above finished grade.
F-9 [Construction Materials]
Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;
2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and
3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district.
F-12 [Automatic Fire Sprinkler System-Commercial, Multi-Family And Residential Structures And Garages; Fire Department Connections For Multi-Family And Commercial Sprinkler Systems And Related Control Valves]
All structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the California Fire Code and Del Mar Municipal Code 10.04. Plans for the automatic fire sprinkler system shall be submitted prior to start of construction and approved by the City designated fire plans examiner prior to any on site building construction inspection (other than slab, grading inspection) by a building official.
Fire Department Connections (FDC) for fire sprinkler and standpipe systems shall meet the following requirements: shall be mounted at the following height(s); 36 to 42 inches above finished grade, to the top of connection.
• If FDC is installed separate from the Backflow/Double Detector Check, it shall be located a minimum of 5 feet from the Backflow/DDC valve. 19 July 25, 2022 Item 10
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• When an FDC is attached to Backflow/DDC, the FDC mounting height shall still be 36 to 42 inches max above finished grade
• If the Backflow/DDC is installed without an FDC, both OS&Y valve handles shall be mounted 36 to 42 inches above finished grade.
• Bushes, trees and similar foliage shall not be located within a radius of 5 feet of an FDC or Backflow/DDC valve assembly. Ground cover landscape is acceptable.” F-13 [Smoke and CO Detection]
Hard-wired Smoke detectors shall be installed in new construction when valuation of project exceeds $1000.00, as required by California Building or Fire Codes.
F-17 [Basement]
All basements shall be designed and equipped with emergency exit systems consisting of operable windows and lightwells. All lightwells if serving as one or more exits from a basement shall be equipped with fixed metal ladders as part of the exit. Lightwells that intrude into sideyard or backyard setbacks of five feet or less shall require a hinged grating covering the lightwell opening. The grating shall be capable of supporting a weight of 250 pound person; yet able to be opened by someone of minimal strength with no special knowledge, effort or key or tool. Any modification of previously approved plans related to this condition (F-17) shall be subject to re-submittal and review by appropriate City of Del Mar staff (Fire, Planning and Building).
F-19 [Fuel Modification Zones/Fire Breaks]
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Del Mar Fire Department and California Fire Code. The size of fire/fuel breaks and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.
F-20 [Fire Resistive Construction Requirements for Wildland/Urban Interface Areas] Structures shall meet all wildland/urban interface standards to the satisfaction of the California Fire Code. As a minimum, structures shall meet the following fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of non-combustible materials; (2) Glazing materials shall be tempered multi-paned glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (5) Roof covering shall not be less than a Class “A” roof assembly; (6) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to ANSI/AAMA/NWWDA 101/I>S>2-97 for structural requirements; and (7) Structures shall have an automatic fire sprinkler system installed as required by Del Mar Municipal Code 10.04, California Fire Code and California Residential Code. (8) Landscape plans are required for all new and remodel dwellings 20 July 25, 2022 Item 10
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located within the Very High Fire Hazard Severity Zone (WUI) areas. All proposed vegetation (trees, shrubs, ground cover) shall be fire resistive plant material. All vegetation shall comply with San Diego County Guidelines “ACCEPTABLE PLANTS FOR DEFENSIBLE SPACE IN FIRE PRONE AREAS”.
F-21 [Solar Photovoltaic Installations - Solar Panels]
Solar Photovoltaic Systems shall be installed per California State Fire Marshal installation guidelines. City of Del Mar designated Fire Plans Examiner will conduct plan reviews and inspections for all Solar Photovoltaic Systems on commercial buildings.
WATER CONSERVATION CONDITIONS
WC-01 [Compliance with City and State Water Conservation Policies and Regulations] Prior to issuance of building permits, the applicant shall provide a Landscape Documentation Package (LDP) for the project prepared by a landscape architect or landscape contractor licensed by the State of California. The LDP required herein shall include anticipated water use calculations for the project's landscape and irrigation components. The LDP shall be accompanied by a certification from the preparer that the LDP is in compliance with the City's adopted water conservation policies in effect at the time of LDP preparation, including Del Mar Municipal Code Chapter 23.60 (Water Efficient Landscape Ordinance) and any guidelines adopted by the City for such ordinance. The preparer shall also certify that the LDP is in compliance with the Governor's Executive Order Nos. B-29-15 and B-36-15, which call for compliance with landscape/irrigation water use standards set by the California Building Standards Commission and the California Department of Housing and Community Development.
The LDP shall be subject to the review and written approval of the Director of Planning and Community Development (Director). The Director shall, as deemed necessary, work in consultation with the City's Landscape Architect, with the costs for such consultation to be borne by the applicant or his/her designee. If the submitted LDP is found not to be in compliance with the standards referenced herein, it shall be revised accordingly and resubmitted for compliance review.
In the event that compliance with this condition results in the need to modify a landscape or irrigation plan approved as part of a discretionary permit granted by the City, the Director shall have discretion to authorize changes of landscape materials in a manner that retains like-for-like consistency with the parameters of the project's approved discretionary permit, with such parameters to include: the size of landscape material to be installed and its anticipated mature height; and the location of any trees to be installed.
WC-02 [City Inspection for Compliance with Project's Landscape Documentation Package] Prior to final sign-off on implementation, the project shall be subject to inspection by City staff for compliance with the Landscape Documentation Package (LDP) required pursuant 21 July 25, 2022 Item 10
Resolution No. 2022-XX
to the project's conditions of approval. The inspections shall include review for compliance with the irrigation and landscape plans included as component parts of the LDP.
SPECIAL CONDITIONS:
S-14 [Pool Fencing]
Prior to the issuance of building permits, the applicant shall provide a plan for pool security fencing. Any installation of walls or fences required to provide such security fencing shall be subject to the prior receipt of all required permits.
S-15 [Reduction of Deck from West Property Line]
Prior to the issuance of building permits, the applicant shall provide a revised deck plan that shows the western extent of the usable portion of the second story deck to be setback from the western side yard property line no less than 15’ 5 ½”. The Plan required herein shall be subject to the review and written approval of the Planning and Community Development Director.
22 July 25, 2022 Item 10
Resolution No. 2022-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 25th day of July, 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 Resolution 2022-xx, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 25th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
23 July 25, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Jennifer Gavin, Associate Planner
Via Ashley Jones, City Manager
DATE: May 2, 2022
SUBJECT: A De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve Design Review Permit (DRB21-018), Land Conservation Permit (LC21-008), and Coastal Development Permit (CDP21- 012) to demolish a 2,091 square-foot, one-story residential structure and to allow construction of a new 2,000 square-foot, two-story residential unit with associated grading, landscape, and site improvements at 624 8th Street, in the R1-10 Zone
Project Applicant: Matthew and Chelsea Ziskin
Appellants: Nigel Hook and Janet Wilson
Project Location: 624 8th Street
(APN# 300-252-14-00)
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the request for conformance with applicable standards of the Del Mar Municipal Code (DMMC) and take one of the three following actions: 1) Conditionally approve the project as proposed; 2) Deny the project as proposed; or 3) Provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing.
EXECUTIVE SUMMARY:
This is a de novo (new) hearing on applications DRB21-018, LC21-008, and CDP21- 012 as part of the City’s appeal process. A “de novo” hearing means a hearing by the reviewing body as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration shall be included in the record of the review. Pursuant to DMMC Section 1.12.050(A) the determination by the subordinate authority (in this the Design Review Board) is advisory only.
On April 4, the City Council conducted an Initial Consideration hearing pursuant to DMMC Section 1.12.040 following receipt of an appeal submitted on March 9, 2022, by 1 May 2, 2022 Item 09 24 July 25, 2022 Item 10
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May 2, 2022
Nigel Hook and Janet Wilson (Appellant), and set the matter for a de novo public hearing. The appeal document has been included as Attachment A.
Council is now asked to make a determination on the project to either: 1) conditionally approve the project as proposed; 2) deny the project as proposed; or 3) provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing based on the requirements of Del Mar Municipal Code (DMMC) Sections DMMC 23.08 (Design Review), DMMC 23.33 (Land Conservation Permit), and the City’s Local Coastal Program. Should the Council decide to approve the project, a resolution will be drafted for the Mayor’s signature to include the conditions of approval included as Attachment B.
PREVIOUS HEARINGS
On December 15, 2021, the DRB considered the Applicant’s request to allow construction of a new residential unit with associated grading, landscape, and site improvements at the property at 624 8th Street. At the December meeting, the DRB reviewed the project, received Applicant and public testimony, considered submitted correspondence and other materials, and provided feedback and direction before continuing the item to a future hearing. The staff report for the December 15, 2021, hearing has been included as Attachment C, and the “red dot” correspondence has been included as Attachment D. The meeting video for the December 15, 2021, hearing can be found here: December 15, 2021 Meeting Video
A second DRB hearing was held on February 23, 2022, to consider the project’s revised design that addressed concerns raised at the December hearing. The DRB received public testimony and deliberated the project’s eligibility for approval pursuant to the City’s Design Review Ordinance (DRO, Del Mar Municipal Code (DMMC) 23.08, the City’s Land Conservation Permit Requirements (DMMC 23.33), and the City’s Local Coastal Program and made the required findings to approve the project, as revised, on a 5-2 vote. The staff report for the February 23, 2022, hearing with more information and analysis has been included as Attachment E. The “red dot” correspondence from the February 23, 2022, hearing has been included as Attachment F. The meeting video for the February 23, 2022, hearing can be found here: February 23, 2022 Meeting Video On April 4, 2022, the City Council conducted an Initial Consideration hearing and set the matter for a de novo public hearing.
ANALYSIS/DISCUSSION:
Site Information
The site is located in the R1-10 zone and is approximately 7,015 square feet in size, and slopes from east to west and south to north. The existing (building) pad of the lot is approximately 7-8 feet lower than the highest adjacent elevation of 8th Street which slopes downward from east to west and also slightly from south to north. The existing 2 May 2, 2022 Item 09 25 July 25, 2022 Item 10
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May 2, 2022
building pad of the subject property is approximately 6-7 feet below the building pad of the property to the east (Appellant) and approximately 3-3.5 feet above the property to the west. Both vehicular and pedestrian access to the lot will be taken from 8th Street.
Project Description
The project includes a request to construct a new, two-story, single-dwelling unit with an attached two-car garage, second-story deck, and associated landscape and hardscape improvements. Additional site improvements would include new fencing, walls, inground spa, and air conditioners.
Summary of the applicant’s proposal:
Garage 405 sf
First Floor 899 sf
Second Floor 696 sf
Total FAR 2,000 sf
FAR exempt outdoor living areas include the following:
Upper Level Deck 568 sf (uncovered)
First Level Patio (north) 300 sf (covered)
First Level Patio (south) 35 sf (covered by 3’ eave above) Entry 25 sf (covered by 3’ eave above)
Total 928 sf (360 square feet covered)
The table below illustrates the project’s relationship with the development standards of the property’s R1-10 Zone. As proposed, the project conforms to all development standards of the DMMC and no variances or other deviations are proposed.
Standards of the R1-10 Zone
Required Proposed
Minimum Lot Size 10,000 sf 7,015 sf (existing nonconforming) Front Yard Setback 20 ft. 19 ft. 6in. (to gutter along
upper level deck)*
Rear Yard Setback 25 ft. 42 ft. 10 in. (to structure);
6 ft. 9 in.(to spa
equipment)**
Side Yard Setback (West) 7.5 ft. 11 ft. 10 in.
Side Yard Setback (East) 7.5 ft. 7.5 ft. to house wall
5’ 11” to eave*
FAR 25% or 2,000 sf (whichever
is greater)
2,000 sf
Max Lot Coverage 40% or 3,000 sf (whichever 28%
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is greater)
Height Limit 26 ft. 24 ft. 2 in.
Parking 3 spaces (2 in garage) 2 garage, 1 on-site
*Architectural projections are permitted to overhang into the setback up to 2 feet pursuant to DMMC 30.86.200 M. 2.
**Spas and related mechanical equipment are permitted to be located in the rear yard setback pursuant to DMMC 30.86.200 M. 4.
Accessory Features
The following accessory features are proposed:
• An inground spa (49 sf). The equipment is located on the north side of the spa with a maximum of 45 dB (specification on Sheet C1 of the plans). • A built-in barbeque and counter at the second level deck • New air conditioning unit on the west side of the house with a maximum of 58 dB (specification on Sheet C1 of the plans)
• Beige brick walls and stucco retaining walls (materials board included as Attachment G)
• New wood fence along west property line (6’ height maximum; measured from the west side of the fence facing the lower neighboring property) • New chain link fence along east property line (6’ height maximum; to be consistent with the existing chain link fence)
Exterior Lighting
The proposed exterior lighting would be downward directed, shielded bulbs, 2,700 Kelvins. Proposed lighting specifications have been included on Sheet A7 of the plans.
Landscape/Hardscape:
The majority of the existing vegetation on-site is proposed to be replaced with all new landscaping except for a Ngaio tree at the southwest corner of the property, a lime tree in the west side yard, and a lemon tree in the rear yard (all to be replanted after site grading as needed) and Eugenia trees to remain in place along the north and east property lines;
Proposed (new) trees and shrubs include the following:
• Two Desert Museum Palo Verde trees (mature height of 20-30’ maximum) • Twenty-six California Buckwheat (mature height of 6.6’ maximum) • Three Del Mar Manzanita trees (mature height of 8’ maximum) • Four Hoaryleaf Ceanothus (mature height of 14’ maximum) 4 May 2, 2022 Item 09 27 July 25, 2022 Item 10
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• Three Lemonade Berry (mature height of 30’ maximum); and • Two Italian Buckthorn trees (mature height of 8’ maximum) • Fourteen new Eugenia trees (mature height of 25’ maximum) In addition to the trees and shrubs listed above a variety of ground covers and low vegetation are proposed as shown on Sheet L2 of the plan set. The landscaped portion of the lot would be 3,515 square feet in area (50.1%).
Materials:
Proposed materials include a stucco exterior (grey), horizontal siding (grey), aluminum windows and doors (black), brick walls (beige), and copper trim. A materials board has been included as Attachment G of this report.
Correspondence:
As of the writing of this report, the Planning Department has received one (new) letter in support of the project from Kelly Welch included as Attachment H.
Project’s Consistency with the Design Review Ordinance (DRB21-018):
As the reviewing body, the City Council is asked to make a determination as to whether the submitted application complies with the standards of review contained in DMMC Chapter 23.08 (DRO). Pursuant to DMMC 23.08.070, “an application shall be approved unless the project is found to violate one or more of the regulatory conclusions of the DRO.” Staff recommends the City Council evaluate the project’s consistency with the applicable standards of the DRO and related design guidelines, with particular attention to the following Sections:
Neighborhood Compatibility
Applicable Regulatory Conclusions:
• DMMC Section 23.08.077 (C) - The design is out of scale with other structures in the neighborhood
• DMMC Section 23.08.077 D. 2. - The design is not harmonious with or is functionally incompatible with the surrounding neighborhood in respect to structural siting
Related Design Guidelines:
• Design Guideline C.1 B. - Neighborhood Compatibility
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• Design Guideline D.1 - Building Form and Massing
Staff Analysis:
The proposed redevelopment of the site would include the construction of a new two-story residence with attached garage and second story deck. Staff has analyzed the proposed project relative to the Regulatory Conclusions of the Design Review Ordinance (DRO), relevant Single-Family Design Guidelines, and the DRO Compliance letter from the applicant (Attachment I).
Based on this analysis, it appears that the proposed home would be designed to include the following features:
• The proposed residence would be sited upon a raised building pad approximately 1- 2’ 8” feet above existing grade;
• An entry feature (raised 7.6’) that creates a half level between the first and second floors;
• A 568 square-foot, second-story deck located over the west side of the house, where FAR limitations would otherwise preclude enclosed development; • The majority of vertical structural massing at the second story has been located closer towards the front of the property than other two-story structures in the neighborhood; and
• An overall structural siting closer to the front property line than the average of lots in the vicinity.
These features cumulatively result in a new two-story structure which is potentially in conflict with DRO 23.08.077 C, in that the new house could have the appearance of being out of scale with other houses in the immediate neighborhood. Surrounding development within 300’ of the subject property, on 8th Street, is primarily one-story on the north side and, where two-stories occur on either the north or south side, the second story is setback significantly on the lot.
Staff has reviewed the historical documents related to properties on 8th Street, within 300’, and found the following (this analysis is intended to show the proposed project in relation to existing remaining residences in the 8th Street neighborhood):
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Address Stories Front Yard
Setback
(Approximate)
Setback to
Second Story
(Approximate)
Building Height
(Approximate)
417 8th Street Two Not Known Not Known Not Known
425 8th Street Two 20’ (to one-story
garage)
41’ 6” 23’ 1”
428 8th Street One 29’ 15’ 6”
431 8th Street Two 20’ (to one-story
garage)
51’ 3” 24’
434 8th Street One 32’ 15’
442 8th Street Two 45’ 63’ 6” 22’
450 8th Street One Not Known Not Known
612 8th Street One 27’ 10’ 8”
635 Hoska
Drive
(Accessory
Structure off
8 th Street)*
Two 13’ 2” 13’ 2” 24’8”
Average Mix 26.6’ 19.1’
Project As
Proposed at
624 8th Street
Two 19’ 6” to second
story deck
21’ 2” to house
wall
19’ 6” to deck
25’ 11” to living
space
24’ 2”
*The property at 635 Hoska is a unique through lot with a front yard setback on both Hoska Drive and 8th Street with a main residence (one-story with a second story design element) with a Hoska Drive address and a two-story accessory structure off of 8th Street. The accessory structure on this property fronting 8th Street is a non-conforming (setback; 13’ 2” where 20’ is required), 1,914 square-feet in size, two story accessory structure including a garage with living space above. It should be noted, however, that this existing accessory structure is not easily visible from the street due to mature dense vegetation along the corner of 8th Street where it turns to meet Hoska Drive.
According to this analysis, the proposed house at 624 8th Street would be approximately
5.4’- 7.1’ closer to the front property line than the average front yard setback along 8th Street and approximately 5’ taller than the residences in the neighborhood.
Design Guideline C.1 B. recommends that in cases where setbacks along a street front are varied in the neighborhood, new homes should relate to those of adjacent homes.
Using this recommendation, the approximate front yard setback of the home to the west is 27’ and the required setback to the property at 635 Hoska Drive is 20’; the average between the two is 23.5’.
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Design Guideline D.1 recommends avoiding massing that does not relate to the existing character of the neighborhood. Therefore, staff recommends that the Council review the overall form and height of the proposed dwelling to determine whether, as designed, there is a conflict with the standard and whether modifications are necessary to effect development that is more compatible with neighboring structures. For the houses with a second story that are in the 8th Street neighborhood, the second story is setback further than the first story from the front property line; approximately 18-30 feet (with exception to the accessory structure at 635 Hoska Drive). Staff recommends the Council consider, whether the siting of the second story living areas be setback at a greater distance than is currently proposed to be more consistent with neighborhood development.
Design Review Board Recommendation: The DRB generally found that the project is consistent with neighborhood development (generally agreed to be 8th Street) in that there is a mixture of one and two story houses on 8th Street. In terms of structural siting and height the DRB generally found that the following factors mitigate for a two-story structure on this site and is consistent with neighborhood development in that there is a large distance of right-of-way which visually sets the house back from the street, that the grade difference between the building site and the street decreases the apparent height of the house, and that this is a relatively smaller house size (2,000 sf) on a small substandard lot with a shorter lot depth compared to others with a second story in the neighborhood.
Grading
Applicable Regulatory Conclusion: DMMC Section 23.08.076 A. Preservation of Natural Topography by Minimizing Tree and Soil Removal
Related Design Guidelines:
• C.6 Retaining Walls and Fencing Design Guidelines
o Avoid retaining walls over 4 feet in height
o Avoid massive land alterations that require large retaining walls • C.4 Natural Topography Design Guidelines
Staff Analysis:
It is staff’s observation that, as designed, the project could be in conflict with DRO Section 23.08.076 A. “The natural state topography or landscaping is not being preserved insofar as practical, by minimizing tree and soil removal,” in that the proposed height of fill, grading, and retaining walls at the front of the garage ranges from 1-7.7 feet (7.7 feet at the entryway). Most vegetation on-site and in the immediate right of way will be removed (some trees at the front will be replanted) as a result of the site grading. 8 May 2, 2022 Item 09 31 July 25, 2022 Item 10
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When considering this and whether a violation of the DRO is present on this project, staff suggests that the Council consider the submitted justification from the Applicant’s Engineer (Attachment J) that the existing site is significantly lower than the street (approximately 7.7 feet at the highest point of the street) and so the fill grading is primarily related to improving on-site drainage so that water can more naturally flow to the street without having to use pumps which are unreliable during power outages.
Design Review Board Recommendation: The Design Review Board generally supported that the proposed grading was appropriate given that it would help to improve drainage onsite.
Neighbor Claims of Scenic View Blockage
Applicable Regulatory Conclusion- DMMC Section 23.08.077 H. The proposed development unreasonably encroaches upon primary scenic views of neighboring property
The neighbor to the east (635 Hoska Drive) has raised concerns regarding Scenic View blockage both from their Living Room and from an outdoor area of their property. Scenic View protections pursuant to the DRO are only from a Primary Living Area within a residence and does not include any outdoor areas (deck, yard, etc.). The concern of view blockage from the Living Room of 635 Hoska appears to be primarily related to the existing vegetation (Eugenia Trees) along the eastern property line of 624 8th Street. A separate Trees, Scenic Views, and Sunlight Application (TVS21-001) was considered and denied by the Planning Commission at their October 12, 2021 hearing; which was upheld by the City Council at their December 13, 2021 hearing. Due to the existing condition of the vegetation at 624 8th Street there currently does not appear to be a Scenic View present from the claimed Primary Living Area of 635 Hoska Drive for which the project could have an impact on.
The property at 641 Hoska Drive has also expressed concerns of view impact, however, views from this property are from an outdoor area and not a Primary Living Area so therefore not eligible for consideration against DRO 23.08.077 H.
Design Review Board Recommendation: The Design Review Board agreed that there were no Scenic View Impacts as a part of this project.
Privacy
Applicable Regulatory Conclusion: DMMC Section 23.08.072 D. The design will create an unreasonable invasion of the privacy of neighboring properties. 9 May 2, 2022 Item 09 32 July 25, 2022 Item 10
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Concerns have been raised regarding privacy as it relates to windows facing the neighbor to the east, which has been addressed with obscured glass. Concerns were also raised related to privacy as it related to the second-story deck for which the Applicant has decreased the size of the deck by 111 square-feet (now 568 sf total in size) and proposes a planter box buffer along the south and west perimeters of the deck. The neighbor to the west, who would be most directly impacted by the deck design has not raised any concerns and so it appears that concerns related to privacy have been addressed.
Design Review Board Recommendation: The DRB generally found that the project, in its current design, addressed concerns related to privacy.
Potential Impacts to Neighboring Properties Outdoor Areas Applicable Regulatory Conclusion: DMMC Section 23.08.072 J. The proposed development locates structures so as to unreasonably, adversely impact upon outdoor areas on adjacent properties
Concerns have been raised regarding the project’s impact on the neighboring property’s outdoor space to the east based on the appearance of the story poles when standing in the yard of 635 Hoska and a previous lack of articulation of the east wall. The current design (from the original) proposes to reduce the height of the front portion of the entryway (which is the closest structure to the east) by 5’; and incorporates varying materials on the east wall, including horizontal siding on the top portion and stucco on the bottom potion of the wall. The landscape plan has also been revised to incorporate the installation of 15 Eugenia trees adjacent to the east wall.
Although design changes have been made since the originally proposed design of the house, the massing of the second-story has not changed in terms of size or siting. It is Staff’s continued position that additional design changes should be considered in order to reduce and re-concentrate more massing at the second-story, so that it would be setback further on the structure and-less concentrated towards the east.
Design Review Board’s Recommendation: The a majority of the DRB members stated that the Applicant had modified the design so as to not be an unreasonable impact to the neighboring outdoor area to the east in that the entry feature (which is closest to the east) was reduced in height, greater articulation has been provided, and that the proposed landscape will additionally provide screening.
Property Values
Applicable Regulatory Conclusions: DMMC 23.08.72 E. The design will cause the surrounding neighborhood to depreciate materially in appearance or value. 10 May 2, 2022 Item 09 33 July 25, 2022 Item 10
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This concern has been raised by neighbors, however, analysis providing backup to substantiate this concern has not been submitted for Council’s consideration.
Project’s Consistency with Requirements for a Land Conservation Permit (LC21-008):
Pursuant to DMMC Chapter 23.33, proposed grading exceeding 25 cubic yards (cut or fill) outside of the footprint of any structure and/or grading that results in a permanent property elevation change exceeding 18 inches, shall require approve of a Land Conservation Permit (LC). The grading plan proposes 7 CY of cut (1’ maximum) and 500 CY of fill (7.7’ Maximum cut).
DMMC Section 23.33.040 stipulates that a request for a LC Permit shall be approved unless the Design Review Board finds that the request conflicts with one or more of the following seven findings:
1. The proposed excavation or grading project is not in conformance with the Del Mar Municipal Code requirements.
2. The proposed excavation or grading project will force the topography to be subservient to the development of the site
3. The proposed excavation or grading project will endanger steep slopes through undue increases in weight or retained water thereby creating conditions which encourage slippage.
4. The excavation or grading project will alter the natural formations unnecessarily.
5. The excavation or grading project does not provide for the restoration of the natural state of the site, to the degree feasible.
6. The excavation or grading project does not minimize the loss of major vegetation, to the degree feasible.
7. The excavation or grading project will create major interruptions of the natural drainage patterns.
The existing site slopes from an elevation of approximately 247 feet at the southeast corner down to 243 feet on the northwest portion of the lot (approximately a 4 foot difference). The project proposes raising the building pad from 243.3 to 245.9 feet except for at the entryway where the grade is proposed to be raised to 251.44 feet (fill of approximately 7.64 feet). According to the cut/fill exhibit the entirety of the lot is to be graded in some way and, because of this, all vegetation is also likely to be replaced or 11 May 2, 2022 Item 09 34 July 25, 2022 Item 10
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replanted. Therefore, the Council should consider if the grading proposed is consistent with LC findings 2, 4, 5, and 6.
When considering this issue and whether a violation of the Land Conservation Ordinance is present on this project, staff suggests that the Council consider the submitted justification from the Applicant’s Engineer (Attachment J) that the existing site is significantly lower than the street (approximately 7.7 feet at the highest point of the street) and so the fill grading is primarily related to improving on-site drainage so that water can more naturally flow up to the street without having to use pumps which are unreliable during power outages.
Design Review Board Recommendation: The Design Review Board generally supported that the proposed grading is appropriate given that it is to correct on-site drainage.
Project’s Consistency with the City’s Local Coastal Program (CDP 21-012):
The project includes a new single-family residence within the Coastal Zone. Therefore, the project requires the receipt of a Coastal Development Permit (CDP). The applicant has submitted the necessary materials to evaluate the project’s conformance with the City’s certified Local Coastal Program (LCP) and the CDP application has been grouped together with the required DRB permit for review by the Board. The standards of review for the CDP application are the regulatory standards found in the LCP’s Implementing Ordinances, the entirety of which have been distributed to Board members under separate cover.
Staff has reviewed the application for consistency with the applicable provisions of the LCP, specifically the resource protection, avoidance of hazards and public access standards.
The project, as conditioned, has been found by staff to meet all of the applicable regulations of the City’s Local Coastal Program. Staff is, therefore, recommending conditional approval of the CDP. Staff is also recommending that the required findings can be made by the Council to the effect that:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.
2. That the proposal meets the criteria of the applicable chapters of this Title.
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program.
4. That the development proposal is not located seaward of the first public roadway, and is therefore not required to provide public access contained in 12 May 2, 2022 Item 09 35 July 25, 2022 Item 10
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this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
5. That the project does not involve the construction or placement of a shoreline protection device.
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
7. That the project is not proposed on sites with identified wetland resources.
The property at 624 8th Street is not within the Coastal Commission Appeals Area and the CDP is therefore not appealable to the Coastal Commission.
CONCLUSION
Based on the analysis above, staff has continued concerns related to neighborhood scale and compatibility and potential impacts to the outdoor areas on the adjacent property to the east. Additional design changes may need to be considered in order to reduce and re-concentrate more massing at the second-story, so that it would be setback further on the structure (consistent with neighborhood development where two story structures are present) and-less concentrated towards the east in order to reduce impacts to the outdoor areas of the neighbor to the east. Should the Council find that further design modifications are required in order to find compliance with the requirements of Del Mar Municipal Code (DMMC) Sections DMMC 23.08 (Design Review), DMMC 23.33 (Land Conservation Permit), and the City’s Local Coastal Program, the Council should provide design feedback or direction to effect project compliance with standards, and subsequently continue the item to a future City Council hearing.
Should the Council agree with the recommendation of the Design Review Board and find the project consistent with the applicable sections of the DMMC, a resolution will be drafted for the Mayor’s signature to include the conditions of approval included as Attachment B.
Should the Council find that the project is inconsistent with the applicable sections of the DMMC and does not wish to continue the project to allow the Applicant to return with a revised design, a resolution will be drafted for the Mayor’s signature accordingly.
HOUSING IMPACT:
This project would replace an existing single-unit dwelling with a new single-unit dwelling in the “Low Density Residential (R1-10) Zone. Therefore, approval of the requested 13 May 2, 2022 Item 09 36 July 25, 2022 Item 10
City Council Agenda Report
DRB21-018, LC21-008, and CDP21-012 (De Novo Hearing)
May 2, 2022
discretionary development applications would have no impact on the City of Del Mar’s housing supply or housing affordability.
FISCAL IMPACT:
There is no fiscal impact to the City as this is a private development proposal. All fees associated with the project have been paid by the property owners and appellant.
ENVIRONMENTAL IMPACT:
The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 Class 3 (e) - New Construction and has further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).
ATTACHMENTS:
Attachment A - Appeal Request Document
Attachment B - Suggested Conditions of Approval
Attachment C - December 15, 2021 DRB Staff Report
Attachment D - December 15, 2021 DRB “Red Dot” Correspondence Attachment E - February 23, 2022 DRB Staff Report
Attachment F - February 23, 2022 DRB “Red Dot” Correspondence Attachment G - Materials Board
Attachment H - Correspondence
Attachment I - DRO Compliance Letter
Attachment J- Engineer’s Justification for Grading On-Site 14 May 2, 2022 Item 09 37 July 25, 2022 Item 10
TELEPHONE
760.943.0100
FACSIMILE
760.943.0942
THE LAW OFFICE OF
RICHARD R. RICE
ATTORNEY AT LAW
1084 NORTH EL CAMINO REAL, SUITE B121
ENCINITAS, CALIFORNIA 92024-1334
EMAIL
[email protected]
WEBSITE
www.rrrlaw.net
March 9, 2022
City of Del Mar
City Administrative Services Department
1105 Camino Del Mar
Del Mar CA 92014
Re: DRB21-018
LC21-008
CDP21-012
624 8th Street (Ziskin)
To Whom It May Concern:
I represent Janet Wilson and Nigel Hook (“Appellants”), residents at 635 Hoska Drive, Del Mar CA 92014, Telephone: 619.733.1428. Pursuant to Del Mar Municipal Code (“DMMC”) §§ 1.12 et seq., 2.38.050 and 30.75.090, my clients hereby appeal the decision of the Design Review Board (“DRB”) on February 23, 2022 to approve Design Review Permit 21-018, Land Conservation Permit 21-008, and Coastal Development Permit 21-012 (collectively, the “Permits”). Appellants’ interest in the appealed decision is as persons who were present and spoke at the public hearing on February 23, and who expressed an interest in the decision in writing to the DRB before the close of the public hearing.
The Permits initially came before the DRB for consideration at a hearing held on December 15, 2021.
I. INTRODUCTION.
As explained in greater detail below, and pursuant to DMMC § 1.12.020.B., the grounds for appeal include (1) factual error in the statements or evidence relied on by the DRB in approving the Permits, (2) new information has become available since the Permits were approved that was not available through reasonable efforts or due diligence at the time of the approval, (3) the DRB’s stated findings to approve the Permits are not supported by the information provided to the DRB, and (4) the decision of the DRB to approve the Permits is in conflict with the City’s Design Review Ordinance (“DRO”).
Appellants recognize that people want to live in Del Mar. They fully support the DRO, which is the foundation upholding Del Mar’s character and charm. Appellants support new development and believe the neighborhood is ready for homes to be refreshed. They appreciate the modern look and general style of the proposed house, but believe it can be equally effective as a one-story home.
Attachment A 15 May 2, 2022 Item 09 38 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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The Permits at issue are for the demolition of an existing 2,019 square foot, single-story home to construct new 2,000 square foot, two-story home at 624 8th Street, Del Mar CA 92014 (the “Project”), which is owned by Matthew and Chelsea Ziskin (the “Ziskins”).
Both Appellants’ and Ziskin’s properties are in an R1-10 neighborhood with limits on bulk floor area of 25% FAR or 2,000 square feet whichever is greater (DMMC 30.72.050) and Development Standards for lot dimensions. The minimum lot size is 10,000 square feet with a minimum lot width of 75 feet (DMMC 30.12.070 B) . The Project is on a small lot of 7,015 square feet with width of 68 feet. Both dimensions are sub-standard. The existing lot coverage is 2,019 square feet and, if the Permits are allowed to be issued, a new 2,000-square foot home would still cover roughly 1,677 square feet of ground area (16 percent reduction) not including the second story.
II. THE DECISION TO APPROVE THE PERMITS IS BASED ON FACTUAL ERROR AND ARE NOT SUPPORTED BY THE INFORMATION PROVIDED TO THE DRB.
The Del Mar Municipal Code does not define “neighborhood” except for the “within 300 feet” found in Chapter 30 – General Provisions under Section 30.01.070 Noticed Public Hearings, which provides that notice shall be “[m]ailed to all owners as shown on the County Tax Assessors rolls of real property within 300 feet of . . .the exterior boundaries of the property which is the subject of the hearing.
The 300’ radius for 624 8th St. resulted in approximately 25 home mailings which defines the immediate geographical area of the neighborhood. Staff’s report analyzed 10 buildings (of 25 mailings) and all were on 8th St. The Hoska Dr. homes within 300’ were not considered as neighborhood. The relevant neighborhood consists of more than 10 houses all of which are on 8th St.
Staff’s December 15 report also used the proposed front yard setback and building height instead of the home’s current front yard setback. Ms. Wilson discussed this error with Jennifer Gavin and Matt Bator prior to the February 23 DRB hearing. While they agreed the information should be corrected, there wasn’t time to make the adjustments prior to the hearing. During the hearing February 23 DRB hearing, Staff presented adjusted neighborhood averages which included 3 additional homes, however, failed to include the existing single story home in the averages.
Appellants’ home is directly adjacent to the Project, the only closer home being 612 8th St. However, Appellants’ main house was not included in the analysis, whereas the two-story garage is included.
On 8th Street, there is 75-feet between the Project and Appellants’ garage. This is where Appellants’ driveway and entrance to their front door is located. The front of Appellants’ home is on 8th St. Appellants’ beautiful home, which would be brutally impacted by the Project, Attachment A 16 May 2, 2022 Item 09 39 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
Error! AutoText entry not defined.
should be included because it is part of this neighborhood. When the 635 Hoska Dr. main house is included, the impact changes. See Figure 1.
Figure 1
64% are 1-story homes
Setback – average is 32.09 making the proposed house is over 10' closer than the average setback (Staff report calculated 25.9’)
2nd Story Setback – average is 43.26’ putting the proposed 2nd story 21' closer than the average (Staff report did not calculate/display this very important number. If they had, using their numbers it would have been around 42’)
Height – the average height is 18.26 making the proposed height is 5' 6" taller than the average (staff report has 19.9).
Factual Error - Omitting the existing property (624 8th St.) and the adjacent home (635 Hoska Dr.) resulted in significate misinformation.
Attachment A 17 May 2, 2022 Item 09 40 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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Where a “neighborhood” begins and ends is subjective. Boundaries are often defined by underlying conditions:
an immediate geographical area (within 300 feet)
city limits (San Diego)
a style of architecture
a geographic or topographic features (a cliff, a park) major roads are logical boundaries (a traffic light at 9th St.) a city block
ethnicity
land use change from residential to commercial or high density traffic patterns – entrance roads used by residents and visitors When traveling south on Camino Del Mar, the traffic light at 9th St. is a major intersection and turn left to uphill 9th St. ends at Highland Ave. and Hoska Dr. That intersection with Hoska Dr. could be considered a neighborhood boundary. Taking Hoska Dr. around to the 8 th St. Extension is a major thoroughfare into our neighborhood down 8th St.
Every home within the 300-feet of the Project should be reviewed to decide if they are in the “neighborhood”. There are 14 additional homes to be considered, 12 of which should be included (445 9th St., 901 Highland Ave., and on Hoska Dr. 601, 605, 610, 611, 623, 624, 636, 641, 642, and 660), but 2 are uphill of the 8th St. Extension (667A & 667 Hoska Dr.) and might not qualify as “neighborhood”.
Outside of the 300-foot radius, homes between the 8th St. Extension and Nob Ave (402, 405, 406, 410, 411, and 420) should probably be included as well because this route is a consistent traffic pattern. See 2.
Adding these 18 homes to the previous 11 homes on 8th St. is 29 homes and their composition and features help define the neighborhood’s characteristics. See Figures 3 and 4.
Factual Error – The neighborhood contains more than 10 homes.
Attachment A 18 May 2, 2022 Item 09 41 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 2
Attachment A 19 May 2, 2022 Item 09 42 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 3
When all 29 of these homes are considered, the averages change. See Figure 9. 74% are one-story homes
Setback – the proposed house is 12’ 6” closer than the average setback (note additional 18 are worst case)
2
nd Story Setback – proposed 2nd story 17’ 9” closer than the average Height – proposed height is 4’ 2” taller than the average (note additional 18 are worst case)
And, all of the buildings at the setbacks are single story homes or a single-story garage which transitions into a 2-story behind it.
Attachment A 20 May 2, 2022 Item 09 43 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 4
Attachment A 21 May 2, 2022 Item 09 44 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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III. THE DECISION TO APPROVE THE PERMITS IS IN CONFLICT WITH THE DRO.
DMMC 23.08.072 E – The design will cause the surrounding neighborhood to depreciate materially in appearance or value.
Reasonable people cannot dispute that a new two-story home being built directly adjacent to Appellants’ home will negatively impact their property value. See, Figures 5 and 6. The question is by how much? Since the last DRB meeting, Appellants have commissioned a forensic appraisal with Otis E. Hacket & Associates. A forensic appraisal is an appraisal done to the standards and needs of a pending court case. The forensic appraisal will document the value of Appellants’ property “as is” and also establish the impact of the proposed two-story home next door.
IV. NEW INFORMATION
The forensic appraisal is pending and will be provided as soon as it is completed.
Attachment A 22 May 2, 2022 Item 09 45 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
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Figure 5
Figure 6
(This image is not an exaggeration. The story poles are seen and pink flags circled in red.) Attachment A 23 May 2, 2022 Item 09 46 July 25, 2022 Item 10 City of Del Mar
City Administrative Services Department
March 9, 2022
Error! AutoText entry not defined.
For all of the foregoing reasons, the decision of the DRB to approve the Permits should be reversed. The DRB based its decision on factual error, new information exists which requires the denial of the Permits, the DRB’s stated findings are not supported by the record, and the decision of the DRB is in conflict with the DRO.
Very truly yours,
/s/ Richard R. Rice
Richard R. Rice
cc: Clients
Attachment A 24 May 2, 2022 Item 09 47 July 25, 2022 Item 10 11/2020
OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS
EXPERIENCE
Otis E. Hackett & Associates, 1990 - Present. Owner of the firm providing appraisal, consultation, litigation support, and expert witness services to the entire real estate community. Mr. Hackett is directly involved in all assignments as the principal appraiser/analyst or consultant. Appraisal and consultation services include real property appraisals, land use issues, research, supply and demand studies, highest and best use studies, appraisal review, consultation on specific real property issues, expert witness services, and litigation support services.
Specific Property Types (existing and proposed):
Vacant Land: Residential lots; multi-family lots; subdivision land; acreage; commercial; industrial; and agricultural
Agricultural: Row-crop farmland; greenhouse facilities; orchards Residential: Single-family residences; condominiums; cooperatives; own-yourowns; duplexes; triplexes; four-units; subdivisions (including singlefamily residential and condominium projects); and condo conversions Multi-Residential: Apartments (five-units or more, up to projects containing over 100 units), conversion projects
Commercial: Single-tenant/occupant retail buildings; strip shopping centers; neighborhood shopping centers; community shopping centers; power centers; NNN properties; office buildings; big box retail; supermarkets; bank and savings and loan branch offices; service stations; fast-food restaurants; sit-down restaurants; automobile dealerships Industrial: Single-tenant/occupant buildings; multi-tenant buildings; R&D facilities; manufacturing plants; self-storage facilities Hospitality: Motels; resorts
Special Purpose: Churches; fraternal buildings; theatres; recording studios; parking structures
Easements:
Public Utility; Street/Road; Ingress/Egress; Slope; Parking; Construction; Right-of-Way; Subsurface; Conservation; Signage (billboards)
Interests Appraised:
Fee Simple; Leased Fee; Leasehold; Life Estate; Subleasehold; Easements Eminent Domain:
Whole takes; partial takes; construction easements; acquisition appraisals; condemnation consultation; and expert witness testimony
Attachment A 25 May 2, 2022 Item 09 48 July 25, 2022 Item 10 OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS
11/2020
Diminution In Value Appraisals:
Toxic contamination; construction defects; encroachments; title issues; view, light and air issues; boundary line disputes; omitted easements on policies of title insurance Woodland Hills Appraisal Group, 1994-Present. Member of business entity which offers real property and economic data to a cooperative consisting of real estate appraisers and consultants. The group provides office space, computers, on-line data services, public records, access to various multiple listing services, subscription services, library, and historical sale records dating to 1984 for Los Angeles County, Orange County, and Ventura County.
Lea Associates, Inc., 1983 - 1990. Vice President. Provided real estate consultation and analytical services for the public and private sectors. Administrative responsibilities included business development, supervision and training of associates, development of appraisal educational courses and teaching of such courses, and ongoing review of regulatory changes in the real estate appraisal industry.
California First Bank, 1977 - 1983. Senior Appraisal Officer and Assistant Office Manager. Engaged in valuation of real property including commercial, industrial, residential (subdivisions, SFR's, condominiums, co-ops, and apartments), agricultural land, vacant land, and special purpose properties.
Management duties included review of appraisal reports and supervision of junior members on appraisal staff.
Marina Federal Savings and Loan Association,_1976 - 1977. Real Estate Appraiser responsible for appraisal of SFR's, condominium units, and two- to four-unit residential income properties located primarily in the South Bay area of Los Angeles County.
GEOGRAPHIC AREA
Mr. Hackett has conducted appraisal and/or reviewed appraisal reports for real property located in the following states: Arizona, California, Florida, Minnesota, Montana, New Mexico, Oregon, Texas, and Utah.
California Counties: Contra Costa, Kern, Los Angeles, Merced, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, Santa Barbara, Santa Clara, Shasta, Sonoma, and Ventura.
EDUCATION
Continuous participation in numerous seminars relating to real estate appraisal theory and real estate practice.
Successful completion of the following CCIM Institute courses:
• CI 101 – Financial Analysis for Commercial Investment Real Estate • CI 102 – Market Analysis for Commercial Investment Real Estate • CI 103 – User Decision Analysis for Commercial Investment Real Estate • CI 104 – Investment Analysis Commercial Investment Real Estate • Core Concepts Review course
• Comprehensive Examination
Attachment A 26 May 2, 2022 Item 09 49 July 25, 2022 Item 10 OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS
11/2020
3 Successful completion of the following Appraisal Institute and former American Institute of Real Estate Appraisers' courses and/or examinations:
• Standards of Professional Practice, Part C
• Standards of Professional Practice, Parts A and B
• Comprehensive Examination
• Capitalization Theory and Techniques, Part A
• Capitalization Theory and Techniques, Part B
• Capitalization Theory and Techniques, Part I
• Real Estate Appraisal Principles, Part 1A-1
• Basic Valuation Procedures, Part 1A-2
• Litigation Valuation, Course IV
• Rural Properties, Course III
• Investment Analysis Course VI
• Urban Properties, Course II
Successful completion of the following former Society of Real Estate Appraisers' courses:
• Income Property Valuation, Course 202
• Residential Case Study, R2 Exam
• Principles of Income Property Appraising, Course 201
• An Introduction of Appraising Real Property, Course 101 Successful completion of the following International Right of Way Association courses:
• Course 403 – Easement Valuation
• Course 802 – Legal Aspects of Easement
Successful completion of the following Lorman Education Services seminars:
• Law of Easements: Legal Issues and Practical Considerations • The Development Approval Process
Successful completion of the following CEB seminars:
• Easement and Boundary Disputes
• Title Insurance: Preliminary Reports, Title Policies, and Claims Successful completion of the following courses and/or seminars relating to easement valuation:
• Easement and Boundary Dispute (CEB seminar)
• Law of Easements: Legal Issues and Practical Considerations (Lorman Education Services)
• A Professional’s Guide to Conservation Easements (AI seminar) • Valuation of Conservation Easements (AI course)
• Easement Valuation (AI Seminar)
• Easement Valuation (IRWA course)
• Legal Aspects of Easements (IRWA course)
West Los Angeles College, California Real Estate Certificate, June 1976.
University of California, Los Angeles, Bachelor of Arts Degree in Mathematics, June 1974.
Attachment A 27 May 2, 2022 Item 09 50 July 25, 2022 Item 10 OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS
11/2020
4 EXPERT TESTIMONY
Mr. Hackett has qualified as an expert witness in real estate matters and has testified before:
• ADR Services, Inc.
• American Arbitration Association
• JAMS
• Los Angeles County Superior Court
• Los Angeles County Municipal Court
• Orange County Superior Court
• Santa Monica Rent Control Board
• Ventura County Superior Court
• U.S. District Court, Central District of California
STATE CERTIFICATION - APPRAISAL
Mr. Hackett is a California State Certified General Real Estate Appraiser, No. AG005393.
ASSOCIATIONS
Counselor of Real Estate, The Counselors of Real Estate - CRE designation Fellow, Royal Institution of Chartered Surveyors – FRICS designation Senior Member, American Society of Appraisers - ASA designation, Real Property - Urban, currently Certified
Member, Appraisal Institute - MAI and SRPA designations, currently Certified Certified Commercial Investment Member – CCIM Institute/CCIM designation Certified General Real Estate Appraiser, State of California, License No. AG 005393 Real Estate Broker, State of California, License No. 00522243 Beverly Hills/Greater Los Angeles Association of Realtors Southland Regional Association of Realtors
California Association of Realtors
National Association of Realtors
American Real Estate Society - Fellow, 1999 to 2014
Various multiple listing services including The MLS (Combined L.A./Westside Multiple Listing Service); San Fernando Valley Association of Realtors Multiple Listing Service (a division of Southland Regional Association of Realtors); and Greater Antelope Valley Association of Realtors Multiple Listing Service.
By virtue of belonging to several local multiple listing services, Mr. Hackett has access to regional MLS services throughout most of California.
PROFESSIONAL COMMITTEES/OFFICES
Former American Institute of Real Estate Appraisers: Chapter No. 5 Admissions Committee, 1986 to 1989 (Vice Chairman 1988); Southwest Region Review and Counseling Committee, 1987 to 1991; Board of Examiners - Experience, MAI Subcommittee, National Admissions Committee, 1989 to 1991; Chapter No. 5 Assistant Secretary, 1990.
Appraisal Institute: Regional Ethics and Counseling Panel, 1991 to 2000; Board of Directors, Southern Attachment A 28 May 2, 2022 Item 09 51 July 25, 2022 Item 10 OTIS E. HACKETT, MAI, SRPA, ASA, CCIM, CRE, FRICS
11/2020
5 California Chapter, 1991; Experience Review Committee, 1991 to 1995; Representation of Region VII Committee, 1994 to 1995.
Counselors of Real Estate: National Committees - High Profile Subcommittee, 2001; Public Relations Committee, 2000; Membership Development Committee, 2001 to 2010 (Vice-Chairman 2008; Chairman 2009); Alternative Dispute Resolution Committee, 2003 to 2012. Membership Officer, Southern California Chapter, 2003-2004; Treasurer, San Diego Chapter, 2011 to 2014; Board of Directors, 2009 to 2016; 2011 Liaison Vice Chair.
ARBITRATION SERVICES
Certified as Arbitrator, FINRA, Financial Industry Regulatory Authority - 1999 to present. Mr. Hackett serves as an arbitrator on cases submitted to FINRA relating to the securities industry. He has served on over 15 cases either acting as the sole arbitrator or on a three-member panel.
Served as third party arbitrator/neutral on a number of assignments regarding real property appraisals.
Attachment A 29 May 2, 2022 Item 09 52 July 25, 2022 Item 10
GENERAL CONDITIONS
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.
G-2 [Utility Undergrounding Threshold]
If the total cost of new construction exceeds $7,500 (as determined by the Building Department), all new utility service connections shall be placed underground consistent with the provisions of DMMC Section 30.86.210.
G-3 [Development Authorization Limited to Plan Set]
This permit is granted based on submitted plans dated February 2, 2022 and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.
G-4 [Encroachment Permit for Work in Right-of-Way]
Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this Permit, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit.
Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that DRB of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.
G-5 [Requirement for Building Permits]
Prior to commencement of work, the applicant or agent shall obtain all required Building Permits.
G-6 [Construction and Demolition Waste Recycling Requirement] Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11. This includes, but is not limited to, the submittal of a Construction Waste Management Plan and a minimum diversion of 65% of nonhazardous construction and demolition waste. Signage shall be posted on-site with information identifying materials to be diverted.
G-8 [Height and Setback Certifications Prior to Framing Sign Off] Prior to sign-off on the framing inspection for the project, the applicant shall provide a statement from a Licensed Surveyor certifying that the building height and setbacks are in conformance with the approved plans for the project. The survey required herein shall be prepared using City of Del Attachment B 30 May 2, 2022 Item 09 53 July 25, 2022 Item 10 Mar approved vertical benchmarks for building height certification and reported to 0.01 of a foot.
The setback certification shall be based on surveyed property corners as necessary to establish property lines and reported to 0.01 of a foot.
G-9 [Fence/wall Height Limitations]
All fencing, walls, and gates shall conform with all applicable fence height and pool security fencing requirements of the DMMC.
G-10 [Story Pole Removal]
Story poles shall be removed from the property within ten days following the final date of the City’s action on the project application.
G-11 [Plan for Construction-Phase Impacts]
Prior to issuance of Building Permits or commencement of project implementation (whichever comes first), the Applicant shall provide a plan to the Planning Department for construction-phase parking and equipment/materials storage for the project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking space which will remain available throughout the duration of the project;
d. Location of any temporary sanitary facilities;
e. A note stating that “If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained”;
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);
1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the project.
The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Community Services/Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit. The requirements mentioned above may be modified by the Planning and Community Development Director, or his designee, upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.
G-11A In addition to the submittal of a Construction Phase Impact Plan, the applicant must place a Construction Parking Placard in all vehicles associated with the project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the project. A Construction Parking Placard can be obtained from the City of Del Mar Planning Department.
Attachment B 31 May 2, 2022 Item 09 54 July 25, 2022 Item 10 G-12 [Receipt of Demolition Permit]
Prior to the demolition or removal of any structures on the project site, the applicant shall apply for and gain approval for: a Demolition Permit, as required pursuant to the DMMC; and an accompanying Coastal Development Permit, as applicable.
G-13 [Permit Expiration]
This Permit shall expire three years from the date of approval, on May 2, 2025 unless a Building Permit has been issued (if required by the DMMC) and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.
G-14 [Preconstruction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. Attendees to this meeting shall include representatives from the City of Del Mar’s Planning and Community Development Department, City Engineer, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this project. At a minimum, the following issues shall be reviewed at this meeting:
a. City of Del Mar inspection requirements.
b. Process for requests for plan modification and determinations of substantial conformance.
c. Discretionary permit conditions and requirements.
d. Construction hour limitations and noise standards.
e. Construction access and parking including equipment/materials storage and maintenance.
f. Work within public rights-of-way and/or easements.
g. Stormwater Best Management Practices.
h. Tree-preservation requirements.
i. Demolition permit requirements.
j. Signage requirements/limitations.
k. Neighborhood impact issues.
l. Key contact information.
m. Business license requirements.
n. Construction and demolition waste diversion requirements o. Any other pertinent construction related activities and or information.
G-15 [Statement of Accuracy/Agreement Regarding Third-Party Lawsuits] Prior to the issuance of building permits or project commencement, whichever comes first, the applicant shall submit a statement to the Planning Department regarding the accuracy of submitted plans/materials and agreeing to hold the City of Del Mar harmless from third-party lawsuits filed challenging the City’s approval of this permit. The agreement shall also include a commitment to defend the City of Del Mar from any third-party lawsuits filed challenging the City’s approval of this Attachment B 32 May 2, 2022 Item 09 55 July 25, 2022 Item 10 permit. The form and content of the statement and agreement required herein shall be subject to the review and approval of the Planning and Community Development Director, or his designee G-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. / Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).
G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert- 1-800-227-2600) for a mark out of service utilities.
G-18 [Rules for Construction-related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter 30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.
The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.
All construction related signage, including City required signs, shall be removed prior to final approval of the project.
ENGINEERING CONDITIONS:
E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.
E-2 [Engineering Fee]
Prior to issuance of Building Permits, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-3 [Public Improvements]
E-3A Coordination with the City of San Diego will be required for any work performed within the City of San Diego right-of-way.
Attachment B 33 May 2, 2022 Item 09 56 July 25, 2022 Item 10 E-4 [Private Drains]
Unless specifically authorized in permit plans, drains in landscape areas discharging to public rights-of-way shall not be allowed. Drains discharging into public rights-of-way may be authorized, subject to review by the City Engineer and only if warranted by unique site conditions. In such cases, design elements shall be incorporated into the plans which reduce the potential for stormwater pollution and nuisance drainage to the maximum extent practicable. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. All hardscape drains, roof drains, wall drains, and other private drains shall be shown in detail on improvement plans. Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental (including flooding and erosion) to the site or other properties.
E-5 [Grading Plan]
Prior to issuance of Building Permits, the applicant shall obtain a Grading Permit from the City. A Grading Plan shall be prepared in accordance with the latest edition of City’s “Applicant’s Guide to Procedures for a Grading Permit.” The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall:
E-5A The grading for the project shall be performed under the observation of a Registered Civil Engineer whose responsibility shall be to coordinate site inspection and testing to ensure compliance with the approved Grading Plan. The project Engineer shall submit reports to the City Engineer to verify compliance, as deemed necessary.
E-5B A topographic map shall be prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns.
Survey shall extend minimum 25 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information;
E-5C Depict the location of property lines and topographic features of the site that adequately address how private storm water is to be collected, conveyed, and discharged on or across the subject site with respect to the proposed project; E-5D Include a grading cost estimate for review, based on the City of San Diego’s Unit Price List;
E-5E Include provisions to collect, convey, and discharge storm water in an appropriate manner, considering the added impact of impervious surface area to the site; E-5F Include provisions to ensure that storm water will not be concentrated and discharged across adjacent properties;
Attachment B 34 May 2, 2022 Item 09 57 July 25, 2022 Item 10 E-5G Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the subject property. The Report shall also address the tributary area for run-off directed to and across the subject property. The Report shall include calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties.
The Report shall address both existing and proposed conditions. Calculations to include 2-year water quality event and 100-year storm event with mitigation for any increase in flows or change in drainage patterns;
E-5H Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project. This includes the detailing in the plan set of any bio retention/infiltration or vegetated swales which are proposed. Mitigate for any increase in runoff generated by this development.
E-5I Include mitigation measures and project modifications as recommended in the required Geotechnical Report/investigation prepared for the project; E-5J Depict the location of erosion control devices to be implemented in the event of rainfall;
E-5K The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard grading and erosion control notes on the plans;
E-5L Include methods to ensure retaining wall sub-drains and sump pumps will not discharge onto City streets, as they contribute to nuisance water. Sub-drains and sump pumps shall discharge on private property to allow percolation back into the soil;
E-5M Ensure existing or proposed private pipe outlets will not convey or discharge nuisance water (i.e., from irrigation, hardscape run-off, planter area drains, French drains, etc.) onto adjacent streets or into the public right-of-way. The applicant shall provide methods to eliminate the discharge of nuisance water; E-5N Ensure that the development will minimize the amount of impervious surface area and maximize the on-site dissipation of storm water run-off; E-5O Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City Engineer. Indicate how the proposed bio-infiltration/retention area or bio-swale will discharge off-site without causing erosion;
E-5P Provide elevations and slope call-outs to clarify how water will drain around the proposed patio hardscape, with assurances the runoff will not be conveyed over sensitive topographic features;
Attachment B 35 May 2, 2022 Item 09 58 July 25, 2022 Item 10 E-5Q Include a five (5) foot wide buffer zone to be maintained along the edge of pavement along the street frontage. No obstructions (i.e., walls, trees, benches, etc.) shall be permitted within this area;
E-5R Include landscaping plans with characteristics that maximize infiltration, provide retention, reduce irrigation and storm water run-off, use efficient irrigation, and minimize the use of fertilizers, herbicides and pesticides; E-5S Ensure that the grading and other construction activities meet the provisions specified in the California Regional Water Quality Control Board (RWQCB), San Diego Region, Order R9-2013-0001, NPDES No. CAS0109266 – Section D.2 and subsequent orders;
E-5T Following construction completion, the project designer shall inspect as-built improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan; and E-5U Prior to issuance of Building Permits, the applicant shall post a security in an amount approved by the City Engineer for the proposed grading. Said security shall be in a form acceptable to the City and shall remain in place until completion of the grading and final approval by the City. The amount shall be based on 25% of the approved grading cost estimate prepared as a part of the Grading Permit; E-6 [Geotechnical Report/investigation Requirement]
Prior to issuance of Building Permits, the applicant shall provide a Geotechnical Report for the project. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:
E-6A Include all standard information as required by the City’s Grading Ordinance; E-6B Evaluate existing site constraints;
E-6C Evaluate potential effect of proposed construction on properties; E-6D Provide any mitigation measures as necessary;
E-6E Provide recommendations for any special construction methods as necessary; E-6F Include the preparation of field tests to be performed at the site during construction, so as to ensure that field conditions are suitable for the approved construction. The Attachment B 36 May 2, 2022 Item 09 59 July 25, 2022 Item 10 results of such tests may necessitate revisions to the project with such revisions subject to review by the appropriate City entities;
E6G Provide recommendations for back-cuts for the construction of retaining walls.
These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill, or completing construction of the approved retaining walls. If the recommended time deadlines are not met, the applicant, by signing these conditions, grants the City permission to work on their private property to secure the back-cuts, and use the cash security to perform the work; and
E-6H Temporary shoring will be required for this project and the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits for shoring.
E-7 [Authorization for Off-site Work]
E-7A Prior to the issuance of Building Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines. This includes the grading as depicted in the preliminary grading plan and the construction of retaining wall along property lines; and
E-7B The following note shall be included on the plans for the Permit: “No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties.”
E-8 [Grading – Separate Permits for Borrow or Disposal Site] A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits. An Encroachment Permit will be required to identify the haul route proposed for this purpose.
If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations.
E-9 [Standard Storm Water Mitigation Plan (SWMP)]
Prior to issuance of Development Permits, the applicant shall submit a Standard SWMP for City review and approval that addresses the following:
E-9A Control the post-development peak storm water run-off discharge rates and velocities to maintain or reduce pre-development downstream erosion; E-9B Minimize pollutants of concern from urban runoff through implementation of source control BMPs;
E-9C Remove pollutants of concern from urban runoff through implementation of structural BMPs;
Attachment B 37 May 2, 2022 Item 09 60 July 25, 2022 Item 10 E-9D Protect slopes and channels from eroding;
E-9E Comply with the City Standard Urban Stormwater Mitigation Plan (SUSMP); E-9F Identify affected receiving water bodies; and
E-9G Include an exhibit that clearly shows the limits and quantities of impervious area in both the pre and post development conditions.
The structural BMPs required herein shall be designed so as to filter or treat the volume or flow outlined in the numeric sizing criteria outlined below:
Volume
Volume-based BMPs shall be designed to filter or treat the volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record;
E-10 [BMP details]
Prior to issuance of Development Permits, all post construction BMPs shall be shown in detail on the construction plans and submitted to the City for review and approval. For all post-construction treatment control BMPs, submit an operation and maintenance manual detailing requirements for the property owner to maintain BMPs into perpetuity. An easement shall be granted to the City for inspection of post-construction treatment control BMPs as needed. The project shall comply with the existing and subsequent Del Mar Jurisdictional Urban Runoff Management Plan and the State of California and National Pollutant Discharge Elimination System (NPDES).
E-11 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction – NEVER as a single or primary method.
E-11A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans; E-11B The applicant shall minimize exposure time of disturbed soil areas; E-11C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; and
E-11D The applicant shall stabilize all slopes per City approved method.
Attachment B 38 May 2, 2022 Item 09 61 July 25, 2022 Item 10 E-12 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.
E-13 [Updated Title Report]
Prior to the issuance of Building Permits, the applicant shall prepare an updated title report for the property.
E-14 [Compliance with City of Del Mar JURMP]
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).
E-15 [Design of inlets/outlets]
Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties.
E-16 [Sewer Service]
The sewer connection to the public main must be a gravity connection. If a pump is required in order to service the residence, it must transition to gravity flow prior to connection to the public system. A sewer backflow prevention device will also be required if a pump is proposed. The existing Sewer lateral shall be videoed and certified clear of obstructions or damage by a licensed plumber. Should the lateral be damaged, a new lateral shall be installed to service the residence.
E-17 [Proposed Retaining Wall]
The proposed retaining walls shall be designed and constructed completely within the property. No portion of the wall or footing shall extend across the property line. The footing limits of retaining walls shall be shown on the plans together with profiles of the proposed retaining walls located along property lines and right-of-ways.
E-18 [Driveway Slope]
The Grading Plan must include a profile of the proposed driveway. The longitudinal slope must not exceed 8% within 10’ of the street. The slope must not exceed 6% within 25’ of the garage door. Between these two areas, the slope must not exceed 25%.
FIRE CONDITIONS:
F-1 [Class A Roof]
All structures shall be provided with a Class “A” Roof covering to the satisfaction of the California Building and Fire Code. NO wood shake shingles are allowed.
Attachment B 39 May 2, 2022 Item 09 62 July 25, 2022 Item 10 F-2 [Access Road Minimum Dimensions]
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-Family residential driveways; serving no more than four single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds.
F-7 [Gates]
All drive gates, pedestrian gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations or personnel, are prohibited unless they meet standards approved by the Del Mar Municipal Code 10.04 and California Fire Code. Gates across fire access roadways shall be automatic and equipped with approved emergency key operated switches overriding all command functions and opens the gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, and educational or assembly occupancy group structures, shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. Pedestrian gates shall have a Knox Key Box installed and a key provided for any locked gate. Knox Box mounting height shall be 60 to 70 inches above finished grade maximum. Knox key switch mounting heights for drive gates shall not exceed 42 to 60 inches above finished grade.
F-9 [Construction Materials]
Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;
2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and
3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district.
F-12 [Automatic Fire Sprinkler System-Commercial, Multi-Family And Residential Structures And Garages; Fire Department Connections For Multi-Family And Commercial Sprinkler Systems And Related Control Valves] All structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the California Fire Code and Del Mar Municipal Code 10.04.
Plans for the automatic fire sprinkler system shall be submitted prior to start of construction and approved by the City designated fire plans examiner prior to any on site building construction inspection (other than slab, grading inspection) by a building official.
Attachment B 40 May 2, 2022 Item 09 63 July 25, 2022 Item 10 Fire Department Connections (FDC) for fire sprinkler and standpipe systems shall meet the following requirements: shall be mounted at the following height(s); 36 to 42 inches above finished grade, to the top of connection.
• If FDC is installed separate from the Backflow/Double Detector Check, it shall be located a minimum of 5 feet from the Backflow/DDC valve. • When an FDC is attached to Backflow/DDC, the FDC mounting height shall still be 36 to 42 inches max above finished grade
• If the Backflow/DDC is installed without an FDC, both OS&Y valve handles shall be mounted 36 to 42 inches above finished grade.
• Bushes, trees and similar foliage shall not be located within a radius of 5 feet of an FDC or Backflow/DDC valve assembly. Ground cover landscape is acceptable.” F-13 [Smoke and CO Detection]
Hard-wired Smoke detectors shall be installed in new construction when valuation of project exceeds $1000.00, as required by California Building or Fire Codes.
F-17 [Basement]
All basements shall be designed and equipped with emergency exit systems consisting of operable windows and lightwells. All lightwells if serving as one or more exits from a basement shall be equipped with fixed metal ladders as part of the exit. Lightwells that intrude into sideyard or backyard setbacks of five feet or less shall require a hinged grating covering the lightwell opening. The grating shall be capable of supporting a weight of 250 pound person; yet able to be opened by someone of minimal strength with no special knowledge, effort or key or tool. Any modification of previously approved plans related to this condition (F-17) shall be subject to re-submittal and review by appropriate City of Del Mar staff (Fire, Planning and Building).
F-19 [Fuel Modification Zones/Fire Breaks]
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Del Mar Fire Department and California Fire Code. The size of fire/fuel breaks and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.
F-20 [Fire Resistive Construction Requirements for Wildland/Urban Interface Areas] Structures shall meet all wildland/urban interface standards to the satisfaction of the California Fire Code. As a minimum, structures shall meet the following fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of noncombustible materials; (2) Glazing materials shall be tempered multi-paned glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (5) Roof covering shall not be less than a Class “A” roof assembly; (6) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to Attachment B 41 May 2, 2022 Item 09 64 July 25, 2022 Item 10 ANSI/AAMA/NWWDA 101/I>S>2-97 for structural requirements; and (7) Structures shall have an automatic fire sprinkler system installed as required by Del Mar Municipal Code 10.04, California Fire Code and California Residential Code. (8) Landscape plans are required for all new and remodel dwellings located within the Very High Fire Hazard Severity Zone (WUI) areas. All proposed vegetation (trees, shrubs, ground cover) shall be fire resistive plant material. All vegetation shall comply with San Diego County Guidelines “ACCEPTABLE PLANTS FOR DEFENSIBLE SPACE IN FIRE PRONE AREAS”.
F-21 [Solar Photovoltaic Installations - Solar Panels]
Solar Photovoltaic Systems shall be installed per California State Fire Marshal installation guidelines. City of Del Mar designated Fire Plans Examiner will conduct plan reviews and inspections for all Solar Photovoltaic Systems on commercial buildings.
WATER CONSERVATION CONDITIONS
WC-01 [Compliance with City and State Water Conservation Policies and Regulations] Prior to issuance of building permits, the applicant shall provide a Landscape Documentation Package (LDP) for the project prepared by a landscape architect or landscape contractor licensed by the State of California. The LDP required herein shall include anticipated water use calculations for the project's landscape and irrigation components. The LDP shall be accompanied by a certification from the preparer that the LDP is in compliance with the City's adopted water conservation policies in effect at the time of LDP preparation, including Del Mar Municipal Code Chapter 23.60 (Water Efficient Landscape Ordinance) and any guidelines adopted by the City for such ordinance. The preparer shall also certify that the LDP is in compliance with the Governor's Executive Order Nos. B-29-15 and B-36-15, which call for compliance with landscape/irrigation water use standards set by the California Building Standards Commission and the California Department of Housing and Community Development.
The LDP shall be subject to the review and written approval of the Director of Planning and Community Development (Director). The Director shall, as deemed necessary, work in consultation with the City's Landscape Architect, with the costs for such consultation to be borne by the applicant or his/her designee. If the submitted LDP is found not to be in compliance with the standards referenced herein, it shall be revised accordingly and resubmitted for compliance review.
In the event that compliance with this condition results in the need to modify a landscape or irrigation plan approved as part of a discretionary permit granted by the City, the Director shall have discretion to authorize changes of landscape materials in a manner that retains like-for-like consistency with the parameters of the project's approved discretionary permit, with such parameters to include: the size of landscape material to be installed and its anticipated mature height; and the location of any trees to be installed.
WC-02 [City Inspection for Compliance with Project's Landscape Documentation Package] Prior to final sign-off on implementation, the project shall be subject to inspection by City staff for compliance with the Landscape Documentation Package (LDP) required pursuant to the Attachment B 42 May 2, 2022 Item 09 65 July 25, 2022 Item 10 project's conditions of approval. The inspections shall include review for compliance with the irrigation and landscape plans included as component parts of the LDP.
SPECIAL CONDITIONS:
S-12 [Lighting Plan]
Prior to the issuance of Building Permits, the applicant shall provide a Lighting Plan for the project identifying all exterior lighting fixtures proposed for installation on or around the structures authorized in this Permit. The Plan required herein shall be subject to the review and written approval of the Planning and Community Development Director and shall be reviewed to ensure that the lighting will be of a low-level intensity and that the fixtures will be installed so that the source of light will not be directed to or visible from adjacent properties or adjacent rights-of-way.
In the event that the applicant disagrees with the Planning and Community Development Director’s determination on the acceptability of the Lighting Plan, the applicant shall have the opportunity to present the Plan to the Design Review Board for approval at a noticed public hearing.
S-14 [Pool Fencing]
Prior to the issuance of building permits, the applicant shall provide a plan for pool security fencing. Any installation of walls or fences required to provide such security fencing shall be subject to the prior receipt of all required permits.
Attachment B 43 May 2, 2022 Item 09 66 July 25, 2022 Item 10 City of Del Mar
Staff Report
DESIGN REVIEW BOARD
STAFF REPORT
December 15, 2021
APPLICATION: DRB21-018/ LC21-008/ CDP21-012
REQUEST: A request for Design Review, Land Conservation and Coastal Development Permits to demolish a one-story residential structure and to construct a new two-story residential unit with a second-story deck and built-in spa, and to perform associated grading and other site improvements.
APPLICANTS/OWNERS: Matt and Chelsea Ziskin
AGENT: Brian Church Architecture
SITE LOCATION: 624 8th Street
ASSESSOR'S PARCEL NUMBER: 300-252-14
COMMUNITY PLAN DESIGNATION: Low Density Residential
ZONE: R1-10
ENVIRONMENTAL STATUS: The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 Class 3 (e) - New Construction and has further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).
RECENT APPLICATION REGARDING THIS PROPERTY
On October 12, 2021, the Planning Commission denied a Trees, Scenic Views and Sunlight Application (TVS21-001), whereas the Applicant at 635 Hoska Drive requested restoration of a primary scenic view obstructed by Eugenia trees on the adjacent property located at 624 8th Street.
The Planning Commission unanimously determined that, due to a lack of photographic evidence documenting the contested view, the Commission was unable to establish a right of the Applicant (635 Hoska Drive) to seek restoration per DMMC Section 23.51.030. The Planning Commission’s decision on the TVS application has since been appealed by the TVS Applicant (635 Hoska Drive) to the City Council and an Initial Consideration of the appeal is scheduled for the December 13, 2021 City Council hearing, which will occur after the distribution of this report. 1 December 15, 2021 Item 05
44 May 2, 2022 Item 09 67 July 25, 2022 Item 10
DESIGN REVIEW BOARD
STAFF REPORT: DRB21-018/ LC21-008/ CDP21-012
December 15, 2021