Del Mar City Council
October 17, 2022

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 20 October 17, 2022 Item 08
City of Del Mar
Lagoon Committee
Appointing Authority City Council
Position Secretary
Office/Role Secretary
Karen F Lare
1st Term Oct 01, 2018 - Oct 30, 2022
Appointing Authority City Council
Position Voting Member
Julie Kawasaki
1st Term Jan 14, 2019 - Jan 31, 2023
Appointing Authority City Council
Position At-Large Member (Non-Voting)
Donna Shaw
1st Term May 17, 2021 - Apr 01, 2023
Appointing Authority City Council
Position Voting Member
Bill Michalsky
1st Term Jun 17, 2019 - Jun 30, 2023
Appointing Authority City Council
Position Voting Member
Geoffrey I Criqui
1st Term Oct 07, 2019 - Oct 31, 2023
Appointing Authority City Council
Position Voting Member
Udo Wahn
1st Term May 17, 2021 - Oct 31, 2023
Board Roster
Lagoon Committee Page 1 of 2
Attachment B
21 October 17, 2022 Item 08
Appointing Authority City Council
Position Chair
Jill E. Gartman
1st Term Nov 19, 2019 - Nov 19, 2023
Appointing Authority City Council
Position Voting Member
Robert B Chase
1st Term Oct 19, 2020 - Oct 19, 2024
Appointing Authority City Council
Position Voting Member
Carol Kerridge
2nd Term Feb 07, 2022 - Feb 28, 2025
Lagoon Committee Page 2 of 2
22 October 17, 2022 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Deputy Mayor Tracy Martinez Prepared by Sarah Krietor, Administrative Service Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Proposed Amendment to Civic Center Operations and Special Event Plan Related to Approved Users of the Civic Center Facilities REQUESTED ACTION/RECOMMENDATION:

Mayor Worden and Deputy Mayor Martinez recommend that the City Council amend the Civic Center Operations and Special Event Plan to include local non-profit WildCoast on the list of approved users of Civic Center facilities (Attachment A).

DISCUSSION/ANALYSIS:

On March 19, 2018, the City Council adopted the Civic Center Operations and Special Events Plan (Operations Plan) in advance of moving into the new facility on May 29, 2018. At the time of adoption, Council and staff agreed to evaluate the operations of the Civic Center after one year of implementation. On September 30, 2019, the City Council reviewed operations and special events at the Civic Center and approved revisions to the Operations Plan including the addition of five groups to the list of Del Mar non-profits allowed to use the facilities. The approved Operations Plan complies with the parameters for Civic Center special events outlined in Resolution 2016-08 which established the Civic Center’s development entitlements.

The current Operations Plan defines Civic Center special event and associated use parameters, including areas of use, user groups, size, hours, noise and music, etc. The Operations Plan also identifies 14 Del Mar non-profit groups, along with the City and City advisory committees, eligible to use the facility for meetings and special events.

While a majority of the approved groups utilized the facility at one point in 2018 and/or 2019, use of the Civic Center facilities was prohibited for a period of time during the COVID-19 pandemic, and has generally declined since the facilities have reopened for use. Use of the Civic Center is expected to return to pre-COVID event frequency in 2023. The current approved users listed in the Operations and Special Events Plan are:

1. City and City advisory committees

2. Del Mar Foundation
1 October 17, 2022 Item 09
City Council Agenda Report
Revisions to the Civic Center Operations and Special Events Plan October 17, 2022

3. Del Mar Community Connections

4. Del Mar Friends of the Library

5. Del Mar Friends of the Powerhouse

6. Del Mar Village Association

7. Del Mar Historical Society

8. Del Mar Garden Club

9. Friends of Del Mar Parks

10. Friends of the San Dieguito River Valley

11. Del Mar Rotary Club (Special Events Only – Max 3/year)

12. Del Mar Lifeguard Association

13. Del Mar Arts Center

14. San Dieguito River Conservancy

15. Nature and Culture International
WildCoast, a non-profit promoting environmental projects in the United States and Mexico, has recently requested to be added to the list so they can use the facilities at the Civic Center.

WildCoast recently opened an office in Del Mar and operates various activities related to the San Dieguito Lagoon that benefit the City of Del Mar. These activities include the studying and monitoring of blue carbon and organizing volunteer efforts to remove invasive species and plant native vegetation along the Del Mar River Path. Based on their community ties and benefits, Mayor Worden and Deputy Mayor Martinez recommend the City Council revise the Operations Plan (Attachment A) to make WildCoast eligible to use the Civic Center facilities.

If the revised Operations Plan is approved by the City Council, WildCoast would be eligible to use the Civic Center for special events and smaller meetings in the City Hall conference rooms, based on availability. While use of the meeting conference room requires minimal staff time and resources, facilitating special events are more impactful and resource intensive.

Since 2018, the Community Services Department has worked to accommodate special events at the Civic Center, Powerhouse Community Center, and the City’s parks and beaches with existing budget resources and staff, which are currently at capacity. Occasionally, events are held concurrently at different City facilities, which can strain resources, especially during the busy summer months. Staff will continue to provide updates to City Council on staff capacity to support non-profit events at City facilities if needed and as part of the budget review process.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required. 2 October 17, 2022 Item 09
City Council Agenda Report
Revisions to the Civic Center Operations and Special Events Plan October 17, 2022

PRIOR CITY COUNCIL REVIEW:

On January 19, 2016, the City Council adopted Resolution No. 2016-08 (Attachment B) approving the entitlement permits for the new City Hall/Town Hall, including as a special condition SC-19 – Satisfaction of Requirement for Special Event Plan, which set forth that the City Council would voluntarily establish a special event plan for the new facility prior to occupancy that would address frequency of use, allowable hours, types of special events, noise levels, requirements for traffic control plans, and public notification. On January 8, 2018, the City Council discussed a draft outline for the operations plan. On March 19, 2018, the City Council adopted the Civic Center Operations and Special Event Plan. City Council adopted amendments to the Plan on September 30, 2019.

NEXUS TO CITY COUNCIL PRIORITY PROJECTS:

This is an operational item and not related to the City Council’s Goals and Priorities for FY2022-23.

ATTACHMENTS:

Attachment A – Revised Del Mar Civic Center Operations and Special Event Plan Attachment B – Resolution 2016-08
3 October 17, 2022 Item 09
City of Del Mar Civic Center
Plan for Operations and Special Events
Revised October 17, 2022
I. Purpose and Introduction
A. The purpose of this document is to establish a plan for operational aspects of the new Del Mar Civic Center and to address parameters for special events.

II. Special Events Plan
A. Definition of Special Events:
i. Uses allowed in the former City Hall, Annex, and TV Studio facilities are not considered “special events.” This includes City office use (24 hours per day/7 days per week); meeting room use for City business, hearings, meetings, workshops; meeting room use for community non-profits; Del Mar TV use; the Farmers Market; parking for on-site uses and the public, including in-lieu parking; and use of the site as an Emergency Operations Center.
ii. Other activities are considered special events.

B. Following are the parameters of the Special Events Plan:
i. All activities on the Civic Center site, including special events, shall comply with existing Del Mar Municipal Code requirements and the uses defined by the Public Facilities zoning.
ii. All activities on the Civic Center site, including special events, shall comply with the parameters used for the Environmental Impact Report (EIR) analysis.
iii. No buildings or outdoor areas will be available for special event use by private individuals or for-profit organizations.
iv. Activities with less than 25 people, that are not a business or for-profit activity, do not require a special event permit.
v. The allowed organizations to use the Civic Center for special events includes:
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o City and City advisory committees
o Del Mar Foundation
o Del Mar Community Connections
o Del Mar Friends of the Library
o Del Mar Friends of the Powerhouse
o Del Mar Village Association
o Del Mar Historical Society
o Del Mar Garden Club
o Friends of Del Mar Parks
o Friends of the San Dieguito River Valley
o Del Mar Rotary Club (Special Events Only – Max 3/year) o Del Mar Lifeguard Association
o Del Mar Arts Center
o San Dieguito River Conservancy
o Nature and Culture International
o WildCoast
These are also the Del Mar non-profits eligible to use meeting rooms at City Hall, which are not considered special events under this plan.

Additional non-profits will be considered periodically as necessary by the City Council.
vi. Outdoor events will be limited to the Town Hall Commons, Entry Garden, the Ocean View Terrace, and lower surface parking lot areas. The Town Hall Overlook will not be used for special events. Town Hall Terrace will not be used for special events with the exception of access to the kitchen.

The lower surface parking lot could be used for reasonable community events that could be considered by the City Council in the future on a caseby-case basis. vii. Event Size:
a. Special event permits will be required for non-City sponsored events with more than 25 attendees, consistent with the current process for special events at all City facilities, parks, and the beach. b. Non-City sponsored events with more than 50 projected attendees would also require a Large Assemblage Permit, as required by the Del Mar Municipal Code.
c. Events with greater than 250 anticipated attendees must be approved by the City Council.
i. Up to four large events will be allowed to function under one umbrella Large Assemblage Permit (one per quarter) per year. 5 October 17, 2022 Item 09
Four large events will be allowed during the year (one per quarter). Additional large events may be considered by the City Manager, subject to final approval by the City Council. viii. Examples of permissible types of events include Del Mar First Thursday events, art shows, food tasting events, galas or benefit dinners for community non-profits.
ix. Reservation availability will be scheduled based on availability to coordinate around the schedule for City operations.
x. Event Hours:
a. No outside use for special events will be allowed after 10:00pm. b. No special events will be allowed inside the Town Hall after 11:00pm. c. Indoor special events must end by 10:00pm. Clean-up must start promptly at 10:00pm. All noise generating activity for an event must end by 10:00pm (except clean-up activity).
xi. Noise and Music:
a. Any activity on the site (indoors and outdoors) would require compliance with the City’s noise regulations identified in Del Mar Municipal Code Chapter 9.20 (Exhibit A). All amplified music (sound) will comply with the guidelines in the EIR, including the placement and direction of speakers.
b. Outside amplified music (sound) will only be allowed on the Town Commons (Plaza). No amplified music shall be allowed on the Ocean View Terrace, Entry Garden, Town Hall Overlook, or Town Hall Terrace, with the exception of the lower parking lot for the Farmers Market.
c. No amplified music shall be allowed outdoors after 10:00pm. xii. A traffic control plan will be required for events anticipated to have more than 250 attendees (and may be required for smaller events as part of a large assemblage operations permit).
a. The traffic control plan is adaptable to various circumstances allowing for consistency, expediency, and cost-effectiveness. The traffic control plan includes a combination of signage and certified trained traffic control personnel depending upon the circumstances. 6 October 17, 2022 Item 09
b. Costs for implementation of the traffic control plan will be paid for by the event host entity.
xiii. Catering and Alcohol for Special Events
a. Rules related to catering and alcohol will be the same as those for Powerhouse Community Center and in accordance with Alcohol and Beverage Control guidelines
b. Caterers must have adequate insurance and a City of Del Mar business license, as well as complete a kitchen and facility orientation with City staff prior to using the facility.
xiv. Special Event Fees – The City Council has set forth that it does not intend to charge approved community groups for use of the meeting spaces or to host special events.
xv. Public Notification – Scheduled special events will be noticed on the City’s online community calendar. Interested parties can subscribe for updates to the calendar to be automatically notified.

C. Farmers Market
The Farmers Market operates each Saturday, year-round, in the Town Hall Commons and lower surface parking lot areas. Conditions of operation are defined annually between the City and Farmers Market operators through a use agreement and large assemblage permit.

D. Operations Plan
Operations of Facility Components
a. Plaza and Town Hall Overlook
i. Day-to-Day Use:

1. Hours of Use: 7:00am to 10:00pm (Same as Powerhouse
Park)

2. Use of the Civic Center Plaza and Town Hall Overlook is for passive activities only. Passive use refers to conversation, reading, relaxing, and eating. Sport and physical activities are only allowed in these areas through a special event 7 October 17, 2022 Item 09
permit. Areas of the Plaza may be reserved for limited
special events in accordance with the Special Event Plan. ii. Uses that are Not Allowed:

1. Smoking

2. Fires of any kind, including Tiki torches

3. Canopies set-up by private individuals

4. Off-leash dogs

5. Dogs on artificial turf

6. Inflatable jumps, slides, or bounce houses

7. Commercial activities, unless approved through an
Operations Permit

8. Amplified music (See section II.B.xi above)
Exceptions to these limitations identified above may be considered by the City Council or through an Operations Permit.
b. Breezeway Conference Rooms and Town Hall
i. The Breezeway Conference Rooms and Town Hall may be reserved for use during City Hall business hours by the approved non-profit organizations subject to availability and scheduled use for City business. Generally, the Breezeway Conference Rooms are not available for use other than City business during City Hall business hours, but may be made available five days prior to the requested date if not otherwise scheduled based on anticipated need. ii. After-hours use requires presence of a designated City staff person or representative (subject to designation on a case-bycase basis). c. Parking
i. Garage and Surface Parking Lot

1. The garage and surface parking are available for free public parking 24 hours per day/7 days per week. Vehicles may
not be parked continuously on the site for more than 72 hours.

2. Parking is free to encourage use of the garage and surface parking lot as an alternative to on-street parking in the residential areas, particularly for visitors and employees of downtown businesses.
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ii. On-Street Parking - Public street parking adjacent to the Civic Center includes spaces designated as “loading zones” and 20- minute parking to provide convenient spaces for visitors and quick deliveries.
d. Kitchen
i. All requirements of the San Diego County Department of Environmental Health must be followed to maintain compliance with the Health Department permit for the kitchen.
ii. The City maintains a list of pre-approved caterers authorized to use the kitchen.
iii. Protocols for use of the kitchen (such as when a staff person must be present, check-in/check-out procedures, cleaning
requirements, accessory equipment available to be used) are set forth in the Civic Center Operations Permit
e. TV Studio Facilities
i. The TV Studio facilities (cameras and recording equipment) will be available for use by Del Mar TV. The facilities, including the equipment, will not be available for rental. This does not include the audio-visual and sound equipment, though City staff may need to be present for use of this equipment.
ii. There is a separate use agreement with Del Mar TV that addresses their ability to use their space and the Town Hall, so long as a DMTV representative is on-site.
f. Breezeway
i. The Breezeway will be closed and locked when City Hall is not open for business, with the exception of during approved special events or for after-hours meetings.
g. Staffing
i. A paid City staff member, familiar with the facility, will be on-site during events while events are in progress, to ensure activities go smoothly and to lock the facility at the conclusion of the event. 9 October 17, 2022 Item 09

1. A staff person will also need to be available to coordinate activities in advance.

Use of the City A/V equipment is limited to those trained on use of the equipment. Use of the City soundboard and special event audio equipment is limited to trained professionals approved by the City. ii. Community Services staff provides reservations and event coordination from start to finish.
h. After-Hours Contacts
i. In the event assistance is required related to the Del Mar Civic Center outside of regular business hours, following are the appropriate contact numbers:

Emergency 911
Sheriff’s Department Non-Emergency (858) 565-5200
Community Services Department
Non-Emergency (858) 755-1556
Emergency (858) 755-1555
Public Works (After-Hours Emergency) (858) 756-1126
- Maintenance issue
- Irrigation repairs
Parking (858) 755-1556
Special Events (858)755-1524
Exhibits
Exhibit A – Del Mar Municipal Code – Chapter 9.2 – City Noise Regulations Exhibit B – Recommended Operational Noise Parameters Prepared by Recon – 1-11-16 Exhibit C – Civic Center Map
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Del Mar Municipal Code
Chapter 9.20 - NOISE REGULATIONS

9.20.010 - Purpose.

In order to secure and promote the public health, comfort, safety and welfare, and to protect the rights of its citizens to privacy and freedom from nuisance, it is the purpose of this Chapter to prohibit unnecessary, excessive, and annoying noises at levels which are detrimental to the health and welfare of the community, and to minimize airborne dust and pollen. This Chapter is intended to provide systematic, regulatory controls on noise within the City.
(Ord. No. 452; Ord. No. 535; Ord. No. 686)

9.20.020 - Definitions.

Whenever the following words and phrases are used in this Chapter, they shall have the meaning ascribed to them in this Section:

A-Weighted Sound Level means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

Ambient Noise Level means the composite noise from all sources near and far. In this context, the ambient noise level constitutes a normal or existing level of environmental noise at a given location and time.

Average Sound Level means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in the American National Standard Specifications for Sound Level Meters (see S1.4-1983 or the latest revision thereof). Average sound level is also called equivalent continuous sound level (Leq).

Construction Equipment means any tools, machinery, or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

Decibel (dB) means a unit measure of sound (noise) level.

Disturbing, Excessive or Offensive Noise means:

A. Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area.

B. Any sound or noise conflicting with the criteria or levels set forth in this Chapter.

Emergency Work means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger of damage, or work by public or private utilities when restoring utility service.

Motor Vehicles mean any and all self-propelled vehicles as defined in the California Vehicle Code, specifically including, but not limited to, "mini-bikes" and "go-carts".

Noise Control Officer means the Director of Planning and Community Development of the City of Del Mar or his designated representative.

Noise Level means the same as "sound level". The terms may be used interchangeably herein.

Person means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.
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Sound Level means in decibels, the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in American National Standards Institute specifications for Sound Level Meters (see ANSI S1.4-1983, or the latest version thereof). If the frequency weighting employed is not indicated, the A-weighting is implied.

Sound Level Meter means an instrument, including a microphone, an amplifier, a readout, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in the American National Standard Specifications for Sound Level Meters (see S1.4-1983 or the latest revision thereof).

Supplementary Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from American National Standard Acoustical Terminology (see S1.1-1960; R-1976).

9.20.030 - Sound Level measurement.

A. Any sound or noise level measurement made pursuant to the provisions of this Chapter shall be measured with a sound level meter using the A-weighting and meter response pursuant to applicable manufacturer's instructions.

B. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth by the American National Standards Institute (see ANSI S1.4-1983 or the latest revision thereof).

C. For outdoor measurements, the microphone shall be not less than four feet above ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases when the microphone must be located within ten feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of the sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

D. For indoor measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined.

9.20.040 - Sound Level Limits.

A. Unless otherwise specified, it shall be unlawful for any person(s) to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table at any location in the City of Del Mar beyond the premises on which the noise is produced, as measured pursuant to the provisions of this Chapter. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person(s).

TABLE OF APPLICABLE LIMITS
Property Receiving Noise Time of Day
One-Hour
Average
Sound
Level
(decibels)

1. R1-5, R1-5B, R1-10, R1-10B, R-2, R1-14, R1-40, RM-East, RM-West, RMCentral, RM-South, OS Overlay 7 a.m. to 10
p.m.
10 p.m. to 7
a.m.
50 40
12 October 17, 2022 Item 09

2. NC, RC, CC, PC, BC, VC
7 a.m. to 10
p.m.
10 p.m. to 7
a.m.
60 50

3. RR
7 a.m. to 10
p.m.
10 p.m. to 7
a.m.
60 55
B. The noise limits specified in Subsection A. above shall be adjusted as follows to account for the effects of time and duration on the impact of noise levels:

1. Noise that is produced for no more than a cumulative period of 30 minutes in any hour may exceed the noise limit by three decibels.

2. Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by six decibels.

3. Noise that is produced for no more than a cumulative period of ten minutes in any hour may exceed the noise limit by eight decibels.

4. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limit by 11 decibels.

5. Noise that is produced for no more than a cumulative period of two minutes in any hour may exceed the noise limit by 15 decibels.

C. For purposes of this chapter, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as the noise level for the entire cumulative period of noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative of the noise.

D. If the measured ambient level exceeds the applicable limit noted above, the allowable one-hour average sound level shall be the ambient noise level.

E. The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits of the two districts.

F. Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this Chapter, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.

9.20.050 - Construction Noise.

Any person who operates powered construction or landscape equipment and/or who erects, constructs, demolishes, excavates for, alters or repairs any building or structure within the City of Del Mar in such a manner as to cause noise to be received beyond the boundaries of the property on which the construction work is occurring shall comply with the following:

A. No construction work shall be performed on Sundays or City holidays.

B. No construction work shall be performed before 9:00 a.m. or after 7:00 p.m. on Saturday. 13 October 17, 2022 Item 09
C. No construction work shall be performed before 7:00 a.m. or after 7:00 p.m. on Monday through Friday.

D. Construction activity shall not cause an hourly average sound level greater than 75 decibels on property zoned or used for residential purposes.

E. Exception: A person may perform construction work on the person's own property, provided such construction activity is not carried on for profit or livelihood, between the hours of 10:00 a.m. and 5:00 p.m. on Sundays and City holidays.

9.20.060 - Motor Vehicles.

A. On- and Off-Highway. Violations for exceeding applicable noise level limits as to persons operating motor vehicles on- or off-public streets or highways in the City of Del Mar shall be prosecuted under applicable California Vehicle Code provisions.

B. Repairs of Motor Vehicles. It shall be unlawful for any person within the City of Del Mar to repair, rebuild, or test any motor vehicle in such a manner as to cause disturbing, excessive, or offensive noises as defined in this Chapter.

C. Engines and Motor Vehicles. Any disturbing or raucous noises caused off-streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

D. Emergency Vehicles. Nothing in this Section shall apply to authorized emergency vehicles when being used in emergency situations.

9.20.070 - Aircraft.

It shall be unlawful for any person to operate aircraft or aircraft engines within or above the City of Del Mar in violation with the provisions of this Chapter.

9.20.080 - Watercraft.

Violations for excessive noise of watercraft operating in waters under the jurisdiction of the City of Del Mar shall be prosecuted under the applicable provisions of the California Harbors and Navigation Code.

9.20.090 - Public Nuisance Noise.

A. It shall be unlawful for any person to make, continue or cause to be made or continued, within the limits of the City of Del Mar, any disturbing, excessive or offensive noise which causes discomfort or annoyance to any reasonable persons of normal sensitivity residing in the area.

B. In the absence of objective measurement by use of a sound level meter, the characteristics and conditions which shall be considered in determining whether a violation of the provisions of this Section exists shall include any or all of the following:

1. The level of the noise;

2. Whether the nature of the noise is usual or unusual;

3. Whether the origin of the noise is natural or unnatural;

4. The level of the ambient noise;

5. The proximity of the noise to sleeping facilities;

6. The nature and zoning of the area from which the noise emanates and the area where it is received;

7. The time of day or night the noise occurs;
14 October 17, 2022 Item 09

8. The duration of the noise; or

9. Whether the noise is recurrent, intermittent or constant.

C. Identified Excessive Noises. The following activities, among others, are declared to cause disturbing, excessive, or offensive noises in violation of this Section but said enumeration shall not be deemed to be exclusive, namely:

1. Horns, Signaling Devices, etc. Unnecessary use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle.

2. Radios, Television Sets, Phonographs, Loud Speaking Amplifiers and Similar Devices. a. Uses restricted. The use, operation or permitting to be played, used, or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity in any residential or public area is prohibited. This provision shall not apply to any participant in a duly licensed parade, or to any person who has been otherwise duly authorized by the City of Del Mar to engage in such conduct.
b. Prima Facie Violations. The operation of any such set, instrument, phonograph, television set, machine, loud speakers or similar device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this Section.

3. Animals.
a. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by any frequent or long continued noise, shall cause annoyance or discomfort to reasonable persons of normal sensitivity in the vicinity.
b. The written affirmation by two persons having separate residences that violation of this Section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this Section.

4. Playing of Radios on Buses or Trolleys. The operation of any radio, phonograph, or tape player on an urban transit bus or trolley so as to emit noise that is audible to any other person in the vehicle is prohibited.

5. Playing of Radios, Phonographs, and Other Sound Production or Reproduction Devices in Public Parks and Beach Areas and Public Parking Lots and Streets Adjacent Thereto. The operation of any radio, phonograph, television set, or any other sound production or reproduction device in any public park or on any public beach or any public parking lot or street adjacent to such park or beach, without the prior written approval of the City Manager, in such a manner that such radio, phonograph, television set or sound production or reproduction device emits a sound level exceeding those found in the following table at any point ten feet or more from the noise source is prohibited:

TABLE OF APPLICABLE LIMITS
Time of Day
Time Average
Sound Level Limits
7:00 a.m. to 7:00 p.m. 65 decibels
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7:01 p.m. to 6:59 a.m. 55 decibels

6. Portable Engine Motor-powered Leaf Blowers. It shall be unlawful for any person to use or operate within the City, any portable machine, powered with a gasoline engine or electric motor, to blow leaves, dirt and other debris off sidewalks, driveways, lawns, and other surfaces.

7. Yelling, Shouting, etc. Disturbing or raucous singing, yelling, shouting, hooting, or whistling on public streets at any time or place so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason is prohibited. The occurrence of such conduct between the hours of 9:00 p.m. and 8:00 a.m. shall be prima facie evidence of a violation of this Section. (Ord. No. 535)

9.20.110 - Exemptions.

A. Emergency work. The provisions of the chapter shall not apply to any emergency work as defined herein, provided that:

1. The Noise Control Officer has been notified in advance, if possible, or as soon as practical after said emergency, and

2. Any vehicle, device, apparatus, or equipment used, related to, or connected with emergency work is designed, modified, or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.

B. Government Preempted Activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by Federal, State, or Local law.

9.20.120 - Enforcement.

A. Any person(s) violating any of the provisions of this Chapter shall be subject to enforcement and penalties prescribed within the Del Mar Municipal Code. 16 October 17, 2022 Item 09
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Diagram of Del Mar Civic Center
Exhibit C
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: City Council Members
FROM: Mayor Dwight Worden
Prepared by Nestor Machado, Management Analyst
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Mayor’s Monarch Pledge Resolution
REQUESTED ACTION/RECOMMENDATION:

Mayor Worden requests that the City Council adopt a Resolution (Attachment A) supporting the Mayor’s Monarch Pledge to raise awareness about the decline of the monarch butterfly.

DISCUSSION/ANALYSIS:

The City of Del Mar has a long and proud tradition of environmental awareness and conservation. In 2016, the City Council adopted the Del Mar Climate Action Plan, which includes goals and strategies to combat the impacts of climate change. With changing climatic conditions, it is critically important to help protect wildlife and natural ecosystems. However, due to the impacts of climate change and loss of habitat, the monarch butterfly is plummeting towards extinction.

The monarch butterfly is among the most easily recognizable of the butterfly species that call the Americas home. Their migration takes them as far north as Canada and, during the winter months, as far south as Mexico City. While the majority of monarch butterflies live east of the Rocky Mountains, a smaller population of monarch butterflies live west of the Rocky Mountains. Therefore, instead of making the long journey between Mexico and Canada, the western monarchs only travel as far south as San Diego.

Monarch butterfly populations have plummeted at an alarming rate in recent years. The western population is at greatest risk of extinction, having declined by an estimated 99.9%, from as many as 10 million to a little over 1,900 butterflies between the 1980s and 2021 according to the National Wildlife Federation. This decline threatens to deprive future generations of the wonder and beauty of the monarch – and is an ominous sign of the worsening health of ecosystems. The monarch butterfly helps move pollen from one plant to another, fertilizing flowers and making it possible for plants to produce food needed to feed people and wildlife.
1 October 17, 2022 Item 10
City Council Agenda Report
Mayor’s Monarch Pledge Resolution
October 17, 2022

The Mayor’s Monarch Pledge is an initiative for local jurisdictions to play a critical role to help save the monarch butterfly. Cities, towns, and counties can help save the monarch butterfly by providing habitat at public parks, community gardens, and municipal buildings that serve as community hubs. The pledge commits to help restore habitat for the monarch and encourage citizens to do the same, so that these magnificent butterflies will once again flourish across the continent. Local agencies and members of the public can commit to action items to help preserve the monarch butterfly. Agencies can launch or maintain a public communication effort to encourage residents to plant monarch gardens at their homes or in their neighborhoods.

In Del Mar, the Del Mar Foundation and Garden Club have a team of volunteers to promote monarch related activities. Additionally, the City will be pursuing a monarch demonstration garden at the Civic Center to provide food and habitat for monarch butterflies and other pollinators. By adopting a Resolution (Attachment A), the Del Mar City Council will express its support for the Mayor’s Monarch Pledge and create awareness for the needs of the monarch butterfly species.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

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

ATTACHMENTS:

Attachment A – Resolution to take the Mayor’s Monarch Pledge 2 October 17, 2022 Item 10

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING THE MAYOR’S MONARCH

PLEDGE TO RAISE AWARENESS ABOUT THE DECLINE OF
THE MONARCH BUTTERFLY AND THE SPECIES’ NEED FOR

HABITAT
WHEREAS, the City of Del Mar has a long and proud tradition of environmental awareness and conservation including adopting a Climate Action Plan in 2016; and WHEREAS, changing climate conditions have impacted important wildlife and natural systems, specifically the monarch butterfly and their habitat across the Americas; and
WHEREAS, the monarch butterfly is an iconic North American species whose migration pattern leads them as far north as Canada to as far south as Mexico City or San Diego; and
WHEREAS, the significant impacts of climate change and loss of habitat has led to a decline in North American monarch population by more than 90 percent in the past two decades; and
WHEREAS, mayors across the country are concerned with the monarch decline and have therefore, created the Mayor’s Monarch Pledge to raise awareness about the decline of the species; and
WHEREAS, cities, towns, and counties can help save the monarch butterfly by providing habitat at public parks, community gardens, and municipal buildings that serve as community hubs; and
WHEREAS, the City of Del Mar and its local non-profits have joined together to support the monarch butterflies by pursing a monarch demonstration garden at the Del Mar Civic Center to provide food and habitat for monarchs and other pollinators; and WHEREAS, educating citizens about the monarch habitat, including how and where to grow milkweed, will benefit monarch butterflies and other pollinators; and WHEREAS, the Mayor’s Monarch Pledge commits to help restore habitat for the monarch and encourage citizens of Del Mar to do the same, so that the monarch butterfly will once again flourish across California and the continent.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:
3 October 17, 2022 Item 10
Resolution No. 2022-XX

1. The above recitations are true and correct; and

2. City Council expresses its support for the Mayor’s Monarch Pledge and creating awareness for the monarch butterfly species.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar at a Regular Meeting held the 17th day of October, 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 No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________________
Sarah Krietor, Administrative Services Manager/City Clerk City of Del Mar
4 October 17, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Emily Bernardo, Information Technology Manager II
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Approval of Agreement for Business License Tax and Administrative Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the professional services agreement (Agreement) with Hinderliter De Llamas & Associates (HdL) (Attachment A) for business license tax and administrative services for an initial three-year period effective October 17, 2022, and ending October 17, 2025; and 2) Authorize the City Manager to execute the agreement.

DISCUSSION ANALYSIS:

The City of Del Mar (City) issues business licenses and collects associated fees in accordance with Del Mar Municipal Code (DMMC) Title 5 Business Licenses. Business licenses are an important revenue source for the City and account for approximately $280,000 in general fund revenue annually. Additionally, maintaining accurate business license records enables the City to proactively reach out to businesses and ensure compliance with various City regulations including construction, zoning, and code enforcement.

The City currently uses a largely manual process for business license applications and renewals that is onerous and resource intensive. Due to the burdensome nature of the current process, many staff members are involved and about 40 hours of overtime costs are incurred during the annual renewal period each year. Staff regularly receives feedback from businesses requesting an online payment and application/renewal option. City Council designated implementation of an online business license payment and application portal as a Tier 2 City Council priority for this fiscal year as part of the implementation of e-TRAKIT, a public facing portal that can accept online payments, check permit status, and schedule inspections.

In 2014, the City acquired the permitting software TRAKIT and transitioned its business license processing software from HdL’s processing platform to TRAKIT. The idea was to integrate the City’s planning and building permitting, business licenses, and code enforcement processes into one electronic program. The implementation of TRAKIT for 1 October 17, 2022 Item 11
City Council Agenda Report
Approval of Agreement for Business License Tax and Administrative Services October 17, 2022

building and planning permitting has been successful and the City has transitioned to a fully electronic submittal process with enhanced customer service and web access through eTRAKIT that is slated to be finalized by January 1, 2023.

However, TRAKIT’s business license module has not met the needs of the City or its customers. While staff has worked closely with TRAKIT to remedy issues in an attempt to move towards an e-TRAKIT public portal for this year’s annual business license renewal period in December 2022, software bugs and limited functionality have continued to be challenging. Unfortunately, given the constraints of TRAKIT’s business license module, a customer friendly web-based portal that meets the City’s operational needs though TRAKIT is not feasible.

Staff explored all options for implementing an electronic business license processing system and has determined that outsourcing business license tax and administrative services to HdL is the most effective and customer friendly option. HdL previously provided business license software to the City and currently provides sales and use tax audit and consulting services.

HdL is a well-respected firm and one of the only firms to provide this service to public agencies. Currently, the cities of Coronado, Chino Hills, West Covina, East Palo Alto, and others across the State of California use HdL’s business license administration services.

Therefore, staff is recommending that the City Council approve the proposed Agreement (Attachment A) and exempt the City from the bidding requirements under Del Mar Municipal Code Section 7.04.090(O) sole source bidding exemption. While other firms provide business license software, HdL provides full business license administrative services and software that best meet the needs of the City. Given the specialized administrative services provided by HdL and their experience providing similar services to the City in the past, it is in the best interest of the City to enter into an Agreement (Attachment A) with HdL.

Under the proposed Agreement (Attachment A), HdL will provide web-based business license application and renewal services. HdL will administer the web-based software and perform the actual issuance of the business licensees on behalf of the City. For quality control purposes, staff will still complete internal reviews of business license applications to confirm all City requirements are met before a license is issued.

The HdL software and services will improve the City’s business license experience for customers who will be able to apply and renew licenses online and enhance the ability of staff to focus on other critical City Council priorities and operational items. Other benefits of transitioning to HdL include better collection of useful information, reporting and categorization of business types, which is beneficial to the City and the Del Mar Village Association (DMVA); compliance and discovery services to recoup business license revenues not currently being captured; customer ability to access the online services 24/7 versus only during City Hall business hours; a portal for the public to access public business license information that will reduce staff time spent on Public Records Act (PRA) requests; and tracking and complying with changing business license legislation and reporting requirements.
2 October 17, 2022 Item 11
City Council Agenda Report
Approval of Agreement for Business License Tax and Administrative Services October 17, 2022

The cost to administer business license operations under the Agreement with HdL is $17 per processed account. Based on the approximate business license processing the City does each year (1,900 accounts), the fees for this service will be approximately $32,300. A majority of this cost will be offset by anticipated additional revenue collections of up to 10% of current revenue ($28,000) from business license tax discovery and audits. Costs will be further offset by reduction in overtime expenditures and exempt management staff’s time spent on annual renewals and business license applications throughout the year. An initial $7,500 is also required as a one-time implementation fee. Funds in the amount of $10,440 have been allocated in FY 2022-23 for the anticipated implementation of the Advance License Processing (ALP) TRAKIT module for business license. If this item is approved, the funds for the ALP will not be necessary and will be applied towards the implementation of HdL’s software.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. An evaluation will be made at Mid-Year to determine if additional funding is required for the remaining Fiscal Year 2022-2023 Operating and Capital Budget. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementing an online payment and application process for business licenses is a Tier 2 City Council priority for FY2022-23.

ATTACHMENTS:

Attachment A – Agreement with HdL for Business License Tax & Administrative Services 3 October 17, 2022 Item 11

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND HINDERLITER DE LLAMAS & ASSOCIATES (HdL)

FOR BUSINESS LICENSE TAX & FEE ADMINISTRATIVE SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 17th day of October, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Hinderliter De Llamas & Associates (HdL) (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide business license tax &fee administrative services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. Project Coordinator. The Finance Manager is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement.

Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Robert Gray is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
4 October 17, 2022 Item 11
Consulting Services Agreement - HdL
For Business License Tax & Fee Administrative Services

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three years from the date first written above, with the option to extend for an additional two year period upon agreement of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Scope of Services contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be 5 October 17, 2022 Item 11
Consulting Services Agreement - HdL
For Business License Tax & Fee Administrative Services

required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by City in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to City for the term of years referenced above).

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the 6 October 17, 2022 Item 11
Consulting Services Agreement - HdL
For Business License Tax & Fee Administrative Services

City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS.

10.1 All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City.

This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to City in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to City may be considered public records under applicable law and/or may be discoverable through litigation. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

10.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques 7 October 17, 2022 Item 11
Consulting Services Agreement - HdL
For Business License Tax & Fee Administrative Services

or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, City must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. If access to any software which Consultant owns is provided to City as part of this Agreement (including, without limitation, if City chooses to subscribe to such software and reports option as part of the Services) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, nontransferable license to City for the use by such of City’s staff as may be designated from time to time by City and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized City staff, and City must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by City or any of City’s staff of the Software nor any rights of City or any of City’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others.

City may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant.

Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and City must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from City’s computers and network).

Consultant warrants that the Software will perform in accordance with the Software’s documentation.

11. INSURANCE

11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of 8 October 17, 2022 Item 11
Consulting Services Agreement - HdL
For Business License Tax & Fee Administrative Services

$1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require 9 October 17, 2022 Item 11
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complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend. In no event will Consultant be liable for any uncollected business license revenue. Consultant’s duty to indemnify and hold harmless City shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license or permit.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement 10 October 17, 2022 Item 11
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should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Consultant 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. Consultant shall take affirmative action to insure 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. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

If to City: If to Consultant:

City of Del Mar Hinderliter De Llamas & Associates (HdL) City Clerk Contracts
1050 Camino del Mar 120 S. State College Blvd., Suite 200 Del Mar, CA 92014 Brea, CA 92821
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement 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 Agreement shall be brought in the county of San Diego, California.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of 11 October 17, 2022 Item 11
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prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant 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 Agreement.

21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
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26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, 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 Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. 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 THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
Hinderliter De Llamas & Associates (HdL)
a California corporation
By: _______________________
Robert Gray, CIO

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
14 October 17, 2022 Item 11
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s business license tax administration.

1. Operations Management Services

1.1. Establish and maintain database of Client businesses.

1.2. Receive and process applications, renewals and payments in a timely fashion.

1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client.

1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).

1.5. Remit revenue to Client no less than monthly.

1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.

2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify underreported tax liability.

2.1. Discovery Services

2.1.1. Develop a list of businesses subject to Client licensure or taxation.

2.1.2. Notify non-compliant businesses of their options to comply or dispute their noncompliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

2.1.3. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.

2.1.4. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

2.1.5. Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.

2.2. Collection Services

2.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.

2.2.2. Notify businesses of their options to comply or dispute their non-compliant status.

2.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.

2.2.4. Remit revenue to Client no less than monthly.

2.3. Audit Services

2.3.1. Identify potential under-reporting and/or misclassified businesses. 15 October 17, 2022 Item 11
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2.3.2. Audit businesses mutually agreed to by Client and Consultant that are identified as potential under-reporting businesses.

2.3.3. Submit audit summaries to Client and discuss further actions.

2.3.4. Educate businesses on proper reporting practices.

2.3.5. Invoice and collect identified delinquencies.

3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.

3.1. Client Responsibilities

3.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

3.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights. 16 October 17, 2022 Item 11
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EXHIBIT “B”

FEE SCHEDULE

1. Operations Management Services

1.1. Fees for performing operations management Services shall be:
• $17.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice.
• $5,000.00 Implementation Fee

1.2. Fees will be increased as of January 1st of each calendar year with reference to the 12- month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Increases to Fees will be no less than 3% and no more than 5% annually.

1.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

1.4. Fees will be invoiced monthly to Client for Services performed during the prior month.

Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

2. Compliance Services

2.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

2.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

2.1.2. In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

2.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

2.1.4. Fees for performing audit Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

2.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business.

Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall 17 October 17, 2022 Item 11
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not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

2.3. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

2.4. Fees will be invoiced monthly to Client for Services performed during the prior month.

Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

3. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

3.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

3.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

3.1.2. ACH/e-Check processing - $1.25 per transaction

3.2. Client funded

3.2.1. Credit and debit card processing – 2.9% of transaction amount

3.2.2. ACH/e-Check processing - $0.50 per transaction

3.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

3.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. 18 October 17, 2022 Item 11
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: October 17, 2022
SUBJECT: Approval of a Task Order with PSOMAS to Perform Engineering Design Services for the 2023 Water, Wastewater, Pavement Improvements Project REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a $66,510 task order with as-needed engineering consultant PSOMAS to perform design services for the 2023 Water, Wastewater, Pavement Improvements Project; and 2) Authorize the City Manager to execute the Task Order.

DISCUSSION/ANALYSIS:

The City of Del Mar’s Capital Improvement Program (CIP) for Fiscal Year 2022-2023 includes a biannual Water, Wastewater, Pavement Improvements Project. The Project will involve essential improvements to the City’s water pipelines, sewer lines, and street paving improvements. The following areas of work are included in the project:

1. Waterline extension on Christy Lane (35 Linear Feet (LF));

2. Waterline replacement on Bellaire Street between Seaview Avenue and Zapo Street (1,000 LF);

3. Abandonment of a waterline in the alley between 9th and 10th Streets and relocation of existing water meters;

4. Sewer replacement on Nob Avenue (263 LF) and Ocean View Avenue (735 LF);

5. Road resurfacing (cold plane and asphalt overlay) on Ocean View Avenue between Nob Avenue and Pine Needles Drive; and

6. Road resurfacing (cold plane and asphalt overlay) on Camino Del Mar from Coast Boulevard south to intersection with Jimmy Durante Blvd.

These work areas were previously selected as critical improvements and designed to 90% before being removed from a previous year’s project due to budget constraints.

The City has an active as-needed professional services agreement with PSOMAS (Consultant) for civil engineering design services. In order to proceed with the project, staff recommends that a Task Order be approved for the Consultant to provide necessary design services for the project. The proposed Task Order activities are included in the 1 October 17, 2022 Item 12
City Council Agenda Report
2023 Water, Wastewater, Pavement Improvements Project Design October 17, 2022

scope of work outlined in the consulting services agreement between the City and the Consultant, so no agreement amendment is necessary.

The design is scheduled to be completed by spring 2023. Following the completion of the design, the City will undergo a formal bid solicitation process to select the lowest responsive and responsible contractor to construct the project. Staff will return to the City Council for approval of the future construction contract resulting from the bid solicitation process. The proposed task order scope of work is included with this agenda report as Attachment A.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year 2022-2023 Operating and Capital Budget to perform the Task Order.

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:

Construction of essential capital improvements is listed as Tier 1 essential services in the City Council Goals and Priorities for Fiscal Year 2022-23.

ATTACHMENTS:

Attachment A – PSOMAS Task Order Scope of Work
2 October 17, 2022 Item 12
401 B Street
Suite 1600
San Diego, CA 92101
Tel 619.961.2800
Fax 619.961.2392
www.Psomas.com
October 6, 2022
Ms. Karen Falk
Principal Engineer
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
SUBJECT: 2023 Water, Sewer and Pavement Improvement Project, City of Del Mar Dear Karen,
Thank you for the opportunity to provide this revised scope and fee for the 2023 Water, Sewer and Pavement Improvement Project. It is our understanding that the City of Del Mar (City) would like to upgrade the facilities at various locations in the City. The project improvements included in this scope are the improvements that were removed from the previous Water, Sewer and Pavement Improvement Project. Many of these improvements were previously designed to the 90% level.

The services will be provided by the Psomas San Diego office. We have a dedicated team of professionals who will perform the design.

Please see the attached scope and fee on the following pages. This summarizes our understanding of the work needed to complete the project as one design package.

If you have any questions, please feel free to call me at 619.961.2810.

Sincerely,
Marc Weinberger, PE, BCEE
Project Manager
3 October 17, 2022 Item 12
Ms. Karen Falk
Page | 2
Water, Sewer and Pavement Improvement Project
Revision 1: October 6, 2022
2 Attachment A- Scope of Work and Fee Estimate
Psomas will complete the design services for the following water, sewer, and paving improvements. The areas of work included in this scope and fee are attached as Exhibit A1. • Christy Lane Waterline Extension – Install new 6” PVC • Bellaire Street Waterline Replacement – Remove and Replace existing 6” AC Pipe in place with new 6” PVC between Seaview Ave and Zapo St
• Alley between 9th and 10th Street Abandonment – Abandon existing 6” Waterline in alley and connect services to existing waterlines in 9th and 10th Street • Nob Ave Sewer Replacement – Remove and replace existing 8” VCP with new 8” PVC pipe
• Ocean View Ave Sewer Replacement – Remove and replace existing 8” VCP with new 8” PVC pipe
• Ocean View Ave – Cold Plane and Asphalt overlay from Nob Ave. to Pine Needles Ave.
• Camino Del Mar – Cold Plane and Asphalt overlay from Coast Blvd. to 100 +/- feet north of Sea View Ave.
• Nob Ave.- Cold Plane and Asphalt Overlay from the City Limits to Ocean View Ave.

Final Construction documents shall be prepared for the above-mentioned items and include final plans, specifications, and cost estimate. The plans shall be prepared using AutoCAD Civil3D 2021 at 20 scale using the City’s standard 22” x 34” title block. Technical specifications will be based on the 2021 version of the Greenbook and will include modifications to the Greenbook Specifications. The proposed construction documents will be comprised of the following:
• Title sheet, vicinity map, and location map
• Abbreviations, legends, annotation designation, and drawing index • General Notes
• Civil Site Layout
• Seven (7) Plan and profile sheets for water and sewer improvements • Four (4) pavement improvement plan sheets
• Civil Detail Sheet
• Specifications
Engineer’s Estimate
Our scope of work will specifically consist of the following:

Design Phase

1. Review relevant background data including:
a. The previous 90% design
b. Record drawings
4 October 17, 2022 Item 12
Ms. Karen Falk
Page | 3
Water, Sewer and Pavement Improvement Project
Revision 1: October 6, 2022
3 c. Utility information
d. Conduct one site visit to review and confirm actual site conditions during the design phase.
e. It is assumed that prior surveys prepared as part of previous projects remain representative of current conditions. If discrepancies are found during the site visit from current condition and available survey information, Psomas can prepare a scope and fee for any additional surveying services required to support the project.

2. Perform a Quality Control (QC) review of the 90% plans, specifications and estimate to determine level of completeness and prepare a list of items needed to complete.

3. Meet with the City of Del Mar (City) staff via teleconference to review the results of the QC review and identify and recommend revisions and additions to the plans.

4. Update the plans, specifications (keep the 2018 Greenbook) and the estimate.

Provide a simplified bid list as compared to the previous bid list. Submit to the City.

5. Revise final plans, specifications and estimate based on City review comments.

6. Submit bid-ready documents.

7. Provide Construction Phase Services. The following services will be provided during the construction phase:
a. Review and response to up to 25 submittals.
b. Review and respond to up to 15 RFIs.
c. Prepare record drawings based on red line markups from the construction manager and/or the contractor.

Exclusions
• Site visits during construction
• CCTV or analysis of segments
• Curb ramp improvements
• Surveying services of any kind
• Design for replacement of curbs, sidewalks, driveway, cross gutters, etc. • Striping Plans
• Preparation of storm water documents (SWQMP, SWPPP, etc.) • Additional potholing of underground utilities
• Right-of-way acquisition documents
• Traffic Control Plans
• Bid Support services
• Encroachment permit preparation or processing
• Geotechnical investigations
• Corrosion analysis or design
• Hydraulic analysis
• Construction management services
• All services not specifically included herein
5 October 17, 2022 Item 12
Personnel Hours
Task Description
Principal in Charge (PIC)/ Sr. Project ManagerSr. Project Manager- MarcSenior Project Manager- JimAssistant Project ManagerProfessional EngineerProfessional EngineerSr. CADD TechnicianCivil Designer IIICivil Desginer IICivil Desginer IProject AssistantTotal HoursLaborNon-Labor (ODC + Subs)Total Hourly Rates $230 $230 $230 $165 $150 $140 $135 $130 $120 $115 $100 Task 1: Review Background Data

1.1 Previous Design 1 6 1 10 18 $ 3,140 $ 3,140

1.2 Record Drawings 2 1 8 11 $ 1,730 $ 1,730

1.3 Utility Information 2 6 8 $ 1,240 $ 1,240

1.4 Site Visit 4 4 8 $ 1,440 $ 1,440
Subtotal Task 1 1 14 2 - - - - 28 - - - 45 $ 7,550 $ - $ 7,550 Task 2: Review 90% Plans

2.1 Review Plans 2 4 1 8 15 $ 2,650 $ 2,650
Subtotal Task 2 1 4 1 - - - - 8 - - - 15 $ 2,650 $ - $ 2,650 Task 3: Meet with Del Mar

3.1 Meet with Del Mar 2 4 6 $ 980 $ 980
Subtotal Task 3 - 2 - - - - - 4 - - - 6 $ 980 $ - $ 980 Task 4: Update Plans, Specifications and Estimate

4.1 Water and Sewer 26 100 126 $ 18,980 $ 18,980

4.2 Paving 1 4 40 18 63 $ 8,420 $ 8,420

4.3 Submit Plans 2 2 4 $ 720 $ 720
Subtotal Task 4 1 28 4 - - - - 142 - 18 - 193 28,120 - $ 28,120 Task 5: Revise Final Plans

6.1 Revise Final Plans 4 2 16 22 $ 3,460 $ 3,460
Subtotal Task 5 - 4 2 - - - - 16 - - - 22 3,460 - $ 3,460 Task 6: Submit Bid Ready Documents

7.1 Submit Bid Ready Documents 2 2 1 4 9 $ 1,670 $ 1,670 Subtotal Task 6 2 2 1 - - - - 4 - - - 9 1,670 - $ 1,670 Task 7- Construction Phase Services

8.1 Review and Respond to 25 Submittals 12 50 62 $ 9,260 $ 9,260

8.2 Review and Respond to 15 RFIs 8 30 38 $ 5,740 $ 5,740

8.3 Prepare Record Drawings 2 4 30 36 $ 4,580 $ 4,580
Subtotal Task 8 - 22 - - - - 84 30 - - 136 19,580 - $ 19,580 Task 999 - Reimbursables
Reimbursables $ 2,500 $ 2,500
Subtotal Task 999 - Reimbursables - - - - - - - - - - - - $ - $ 2,500 $ 2,500 Total 5 76 11 - - - - 286 30 18 - 426 $ 64,010 $ 2,500 $ 66,510

CITY OF DEL MAR
PROPOSAL - FY 23 Water, Sewer and Paving
Project Budget

6 October 17, 2022 Item 12
ID Task
Mode
Task Name Duration Start
1 Review Background Data 5 days Mon 10/31/22
2 Perform QC Review of Existing Plans 10 days Mon 11/7/22 3 Meet with the City of Del Mar 2 days Mon 11/21/22
4 Update Plans, Specs and Estimate 30 days Wed 11/23/22 5 City of Del Mar Review 10 days Wed 1/4/23
6 Revise Final Plans Based on City Comments 10 days Wed 1/18/23 7 Submit Bid Ready Documents 10 days Wed 2/1/23
10/2310/3011/611/1311/2011/2712/412/1112/1812/251/1 1/8 1/151/221/29 2/5 2/122/192/26 November December January February
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of Del Mar FY 23 Water, Sewer and Paving
Project Design Schedule
City of Del Mar Psomas
Project: FY 23 WSP Project Sche
Date: Thu 10/6/22
7 October 17, 2022 Item 12
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
W-2

SAND BARR LN REPLACEMENT AND

CHRISTY LN EXTENSION
CHRISTY LN MATCHLINE STA 23+75.00 SEE LOWER LEFT SEE UPPER RIGHT MATCHLINE STA 23+75.00

SAND BARR LN REPLACEMENT

SAND BARR LN REPLACEMENT
0' 10' 20'
SCALE: 1" = 20'
0' 10' 20'
SCALE: 1" = 20'

CHRISTY LN EXTENSION
20TH ST
19TH ST
18TH ST

DAVID WAY

CONSTRUCTION NOTES

GENERAL NOTES
8 October 17, 2022 Item 12
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
W-3

BELLAIRE ST REPLACEMENT
0' 20' 40'
SCALE: 1" = 40'

SEAVIEW AVE
CONSTRUCTION NOTES MATCHLINE STA 44+20.00 SEE DWG W-4 MATCHLINE STA 44+20.00 SEE DWG W-4

BELLAIRE ST

GENERAL NOTES
CAUTION!

EX GAS LINE
9 October 17, 2022 Item 12
20 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS /
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W-4

BELLAIRE ST REPLACEMENT
0' 20' 40'
SCALE: 1" = 40'
ALLEY
ZAPO ST SEE DWG W-3 MATCHLINE STA 44+20.00
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
BELLAIRE ST 90% SUBMITTAL
MATCHLINE STA 44+20.00 SEE DWG W-3
CAUTION!

EX GAS LINE

CONSTRUCTION NOTES

GENERAL NOTES
10 October 17, 2022 Item 12
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
W-5
ALLEY BETWEEN 9TH AND 10TH ST

ABANDONMENT
0' 20' 40'
SCALE: 1" = 40'
10TH ST
9TH ST HIGHLAND AVE

ORCHID LN

TEWA CT

CONSTRUCTION NOTES

GENERAL NOTES
LEGEND
345 10TH ST
APN 300-221-26
341 10TH ST
APN 300-221-04
403 10TH ST
APN 300-221-27
407 10TH ST
APN 300-221-07
411 10TH ST
APN 300-221-08
419 10TH ST
APN 300-221-09
427 10TH ST
APN 300-221-31
433 10TH ST
APN 300-221-30
408 9TH ST
APN 300-221-28
410 9TH ST
APN 300-221-17
436 9TH ST
APN 300-221-13
940 HIGHLAND AVE
APN 300-221-11
CAUTION!

EX GAS LINE
CAUTION!

EX GAS LINE
CAUTION!

EX GAS LINE
11 October 17, 2022 Item 12
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
S-4

NOB AVE REPLACEMENT

NOB AVE
OCEAN

VIEW AVE
0' 10' 20'
SCALE: 1" = 20'

CONSTRUCTION NOTES
CAUTION!

EX GAS LINE

GENERAL NOTES
12 October 17, 2022 Item 12
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
S-5

OCEAN VIEW AVE REPLACEMENT
0' 10' 20'
OCEAN VIEW AVE SCALE: 1" = 20'
MATCHLINE STA 94+00.00 SEE DWG S-6 MATCHLINE STA 94+00.00 SEE DWG S-6

CONSTRUCTION NOTES
CAUTION!

EX GAS LINE

GENERAL NOTES
13 October 17, 2022 Item 12
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
90% SUBMITTAL
S-6

OCEAN VIEW AVE REPLACEMENT

NOB AVE

OCEAN VIEW AVE
0' 10' 20'
SCALE: 1" = 20' SEE DWG S-5 MATCHLINE STA 94+00.00 SEE DWG S-5 MATCHLINE STA 94+00.00

CONSTRUCTION NOTES

GENERAL NOTES
14 October 17, 2022 Item 12

OCEAN VIEW
AVE

NOB AVE

OCEAN VIEW AVE
SDG&E
SDG&E
WATER VALVE2
SDG&E VAULT3
4 GAS VALVE
5 SEWER MH
6 FIRE HYDRANT MARKER
2 WATER VALVE
SDG&E VAULT3
2 WATER VALVE
6 FIRE HYDRANT MARKER
WATER VALVE2
SEWER MH5
SDG&E VAULT3
2 (TYP)
1 2
26'±
31'±
26'±
27'±
27'±
5 SEWER CO
31'±
26'±
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
JAMES S. BLISS
90% SUBMITTAL

OCEAN VIEW AVE PLAN
MATCHLINE SEE SHEET C-3
0' 10' 20'
SCALE: 1" = 20'
C-2

OCEAN VIEW AVENUE
FROM NOB AVE. TO PINE NEEDLES DR.

CONSTRUCTION NOTES:

COLD PLANE ASPHALT PAVEMENT 2". OVERLAY WITH
2" ASPHALT CONCRETE.
2 ADJUST TO GRADE EXISTING WATER VALVE
3 PROTECT EXISTING SDG&E ELECTRICAL VAULT IN PLACE
4 ADJUST TO GRADE EXISTING SDG&E GAS VALVE
5 ADJUST TO GRADE EXISTING SEWER MH
6 REPLACE EXISTING BLUE FIRE HYDRANT MARKER

PAVEMENT SCHEDULE NOTES
NO. LOCATION AVG. WIDTH APPROX. AREA SF
NOB AVE. 27' 8,688 SF
OCEAN VIEW AVE. 28' 14,196 SF
TOTAL AREA OF RESURFACE AC OVERLAY 24,218 SF
7 REMOVE & REPLACE RAISED PAVEMENT MARKS
1 2
15 October 17, 2022 Item 12

PINE NEEDLES DRIVE

OCEAN VIEW AVE
SDG&E
SDG&E
SDG&E
3 SDG&E VAULT
SDG&E VAULT3
SDG&E VAULT3
5 SEWER MH
2 28'±
26'±
27'±
26'±
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
JAMES S. BLISS
90% SUBMITTAL

OCEAN VIEW AVE PLAN
MATCHLINE SEE SHEET C-2
C-3 OCEAN VIEW AVENUE
FROM NOB AVE. TO PINE NEEDLES DR.
0' 10' 20'
SCALE: 1" = 20'
CONSTRUCTION NOTES:

COLD PLANE ASPHALT PAVEMENT 2". OVERLAY WITH
2" ASPHALT CONCRETE.
2 ADJUST TO GRADE EXISTING WATER VALVE
3 PROTECT EXISTING SDG&E ELECTRICAL VAULT IN PLACE
4 ADJUST TO GRADE EXISTING SDG&E GAS VALVE
5 ADJUST TO GRADE EXISTING SEWER MH
6 REPLACE EXISTING BLUE FIRE HYDRANT MARKER

PAVEMENT SCHEDULE NOTES
NO. LOCATION AVG. WIDTH APPROX. AREA SF
TOTAL AREA OF RESURFACE AC OVERLAY 13,124 SF
7 REMOVE & REPLACE RAISED PAVEMENT MARKS
2 OCEAN VIEW AVE. 27'± 12,418 SF
16 October 17, 2022 Item 12

RAILROAD TRACK
2 CAMINO DEL MAR
25'± 24'±
28'± 24'± 1 CAMINO DEL MAR 1 2 20'± 26'±
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
JAMES
S. BLISS
90% SUBMITTAL

CAMINO DEL MAR PLAN
0' 10' 20'
SCALE: 1" = 20'
MATCHLINE SEE SHEET C-7
C-6 CAMINO DEL MAR
FROM COURT ST. TO RAILROAD TRACKS

MATCHLINE SEE BELOW RIGHT

MATCHLINE SEE ABOVE LEFT
0' 10' 20'
SCALE: 1" = 20'

CAMINO DEL MAR PLAN
CONSTRUCTION NOTES:

COLD PLANE ASPHALT PAVEMENT 2". OVERLAY WITH
2" ASPHALT CONCRETE. 2 ADJUST TO GRADE EXISTING WATER VALVE 3 PROTECT EXISTING SDG&E ELECTRICAL VAULT IN PLACE 4 ADJUST TO GRADE EXISTING SDG&E GAS VALVE 5 ADJUST TO GRADE EXISTING SEWER MH 6 REPLACE EXISTING BLUE FIRE HYDRANT MARKER 7 REMOVE & REPLACE RAISED PAVEMENT MARKS

PAVEMENT SCHEDULE NOTE
NO. LOCATION AVG. WIDTH APPROX. AREA SF

CAMINO DEL MAR (NB)
TOTAL AREA OF RESURFACE AC OVERLAY 30,763 SF
28' 13,927 SF

CAMINO DEL MAR (SB)
20' 19,821 SF 12
17 October 17, 2022 Item 12

CAMINO DEL MAR
COURT ST. 1 2
24'±
21'±
32'±
24'±
22ND ST.

City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
JAMES
S. BLISS
90% SUBMITTAL

CAMINO DEL MAR PLAN
MATCHLINE SEE SHEET C-6
0' 10' 20'
SCALE: 1" = 20'
C-7 CAMINO DEL MAR
FROM COURT ST. TO RAILROAD TRACKS
CONSTRUCTION NOTES:

COLD PLANE ASPHALT PAVEMENT 2". OVERLAY WITH
2" ASPHALT CONCRETE. 2 ADJUST TO GRADE EXISTING WATER VALVE 3 PROTECT EXISTING SDG&E ELECTRICAL VAULT IN PLACE 4 ADJUST TO GRADE EXISTING SDG&E GAS VALVE 5 ADJUST TO GRADE EXISTING SEWER MH 6 REPLACE EXISTING BLUE FIRE HYDRANT MARKER 7 REMOVE & REPLACE RAISED PAVEMENT MARKS

PAVEMENT SCHEDULE NOTE
NO. LOCATION AVG. WIDTH APPROX. AREA SF

CAMINO DEL MAR (NB)
TOTAL AREA OF RESURFACE AC OVERLAY 23,350 SF
28' 11,032 SF

CAMINO DEL MAR (SB)
30' 13,530 SF 12
18 October 17, 2022 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Hans Schmidt, Fire Marshal
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Adoption of the 2022 Fire Code
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 10.04 to adopt the 2022 California Fire Code, as introduced on October 3, 2022.

DISCUSSION/ANALYSIS:

The State of California recently adopted amendments to the 2022 State Fire Code, which incorporate the International Fire Code 2021 Edition. These amendments update standards to improve fire protection and public safety. Local jurisdictions are required to adopt these updates, generally by reference, through the ordinance process. The proposed amendment would amend DMMC Chapter 10.04 to reflect adoption of the updated State and International fire codes.

On October 3, 2022, the City Council held a public hearing and introduced an Ordinance (Attachment A) to adopt updated versions of the California and International Fire Codes. The recommended action in this report is the second reading and final adoption of the Ordinance. The Ordinance will become effective 30 days from adoption on November 16, 2022.

The purpose of this ordinance is to update the City’s Municipal Code to ensure compliance with the requirements of the 2022 State-mandated fire code and the 2021 Edition of the International Fire Code. The State fire code is updated every three years, with the requirement that local jurisdictions enforce the amended State code as the minimum standards for fire safety.

In conjunction with the adoption of the new State code, local governments may also adopt more stringent fire safety standards that reflect their community’s unique 1 October 17, 2022 Item 13
City Council Agenda Report
Adoption of the 2022 Fire Code
October 3, 2022

circumstances and may re-adopt those amendments from previous years that are still valid. For example, local jurisdictions may establish locations or districts where storage of Class I and Class II flammable liquids in aboveground tanks is prohibited. In the City of Del Mar, the aboveground storage of those liquids is prohibited in residential areas.

The adoption of the more stringent standards is supported by findings included in the proposed Ordinance.

As proposed, all existing locally adopted amendments will continue to apply. The local amendments are based on local climatic, geographic, and topographical conditions that include frequent dry gusting winds and brush-covered hillsides that create fire hazard conditions that necessitate the regulation of transportation and storage of hazardous materials. A summary of the proposed changes from the existing code to the proposed Ordinance is provided in Attachment B. A copy of existing DMMC Chapter 23.12 is included in Attachment C.

PRIOR CITY COUNCIL REVIEW:

On November 18, 2019, the City Council adopted Ordinance 956 amending chapter

10.04 of the DMMC to adopt the International Fire Code 2018 Edition and the California Fire Code 2019 Edition.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. The review of a development’s conformance with the applicable fire codes is handled through the separate review of development applications and building permits.

As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of fire department related permits.

ENVIRONMENTAL REVIEW:

This project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). The adoption of State-mandated fire codes with minor amendments will not have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the City’s fire code to adopt the required California codes by reference and incorporate local modifications is a Tier 1 priority for FY2022-23.

ATTACHMENTS:

Attachment A - Ordinance amending DMMC Chapter 10.04
2 October 17, 2022 Item 13
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING CHAPTER 10.04 OF THE CITY

OF DEL MAR MUNICIPAL CODE TO ADOPT THE
INTERNATIONAL FIRE CODE 2021 EDITION AND THE
CALIFORNIA FIRE CODE 2022 EDITION, INCLUDING

APPENDIX B AND I, WITH CERTAIN AMENDMENTS,

ADDITIONS, AND DELETIONS
WHEREAS, Chapter 10.04 of the Del Mar Municipal Code is the Del Mar Fire Code, which adopts by reference the International Fire Code and the California Fire Code; and
WHEREAS, Chapter 10.04 currently applies the 2018 version of the International Fire Code and the 2019 version of the California Fire Code; and WHEREAS, there is a need to amend Chapter 10.04 because the State of California (“State”), pursuant to Health & Safety Code section 17922, has recently adopted the 2021 version of the International Fire Code and the 2022 version of the California Fire Code (together, the “Fire Code”); and
WHEREAS, California Health & Safety Code section 17958 mandates that cities such as the City of Del Mar shall adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to California Health & Safety Code section 17922; and

WHEREAS, Health & Safety Code section 17958.5 permits the City of Del Mar to make such changes or modifications to the Fire Code as are reasonably necessary to reflect conditions or circumstances unique to the local jurisdiction; and WHEREAS, Health & Safety Code section 17958.7 requires that, before making any changes or modifications pursuant to section 17958.5, the City make findings that support such changes or modifications necessary due to the community’s climatic, geological, or topographic conditions; and
WHEREAS, the Fire Code, together with the City of Del Mar amendments, shall be the City of Del Mar Fire Code for the purposes of prescribing the fire regulations for the City of Del Mar; and
WHEREAS, local amendments adopted by the City of Del Mar shall take precedence over the Fire Code; and
WHEREAS, sections 50022.1 through 50022.10 of the Government Code and section 13869 of the Health and Safety Code provide authority for the adoption by reference of codes, or portion of such codes; and

ATTACHMENT A
3 October 17, 2022 Item 13
Ordinance No. ____

WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.

NOW THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE:

The City Council hereby confirms that the following findings are still applicable to conditions within the City of Del Mar pursuant to California Health and Safety Code section 17958.5:

Finding A
The City of Del Mar is adjacent to a major transportation corridor (Interstate 5) which traverses in a north/south direction. Interstate 5 is used to transport hazardous materials and is designated by the State of California as an approved route for transporting highly toxic and radioactive materials.

The City of Del Mar is bisected by a railroad line running north/south. Hazardous materials are transported on the railroad.

Underground pipes run parallel to the railroad line and carry natural gas under high pressure. Underground pipes run in a north/south direction in the eastern portion of the City and carry liquid petroleum under high pressure.

The transport, through the City, of hazardous, toxic and radioactive materials, as well as natural gas and liquid petroleum, on a regular basis, increases the threat of fire ignition and spread. This adds to the fire danger posed by the City’s climatic, topographic and geological conditions.

Finding B
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation.

The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. 4 October 17, 2022 Item 13
Ordinance No. ____

Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Therefore, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding C
The City of Del Mar is situated on the west slope of the coastal foothills that contain drainages which contribute to flooding within the community.

Because flooding conditions can impede fire service vehicles reaching the site of a fire, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding D
The City of Del Mar is situated near the Rose Canyon Fault, the Elsinore Fault, and the Agua Caliente Fault. A cluster of faults known as the “South Coast Offshore Zone of Deformation” is located off the City’s coast. These geologic conditions are capable of generating earthquakes of significant magnitude at any time.

An earthquake may: (1) cause fires; (2) impede emergency vehicles responding to fires; and (3) interrupt the City’s water supply which is needed to fight fires.

Because the community is subject to damage from earthquakes, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding E
The City of Del Mar and Southern California are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for fire fighting. Fires starting in sprinkled buildings are typically controlled by one to three sprinkler heads, flowing as little as 13 gallons per minute.

Hose streams used by engine companies on well established structure fires operate at approximately 250 gallons per minute each, and the estimated water 5 October 17, 2022 Item 13
Ordinance No. ____

needed for a typical residential fire is 1,250 to 1,500 gallons per minute, according to the Insurance Service Office and the International Fire Code. The water estimate for a commercial building is typically greater than that of a residential structure.

Under circumstances such as lack of water, infrastructure, earthquakes, multiple fires and wildland fires within a community, the limited water demand needs of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland or building to building. In such a disaster, water demands needed for conflagration firefighting probably would not be available.

Finding F
Due to the sloping topography and coastal foothills in the City of Del Mar, the potential exists that new and future development will result in taller buildings on smaller parcels. Defining mid-rise buildings at 4 story building modifies the application of special provisions for these buildings to all occupancies. Because of the need to mitigate the potential danger of mid-rise this change is necessary.

In addition, the limitations of available firefighting equipment, limited availability of human resources in local fire departments, and the necessity to climb vertically up flights of stairs, greatly impacting the response time to reach an incident scene, it is necessary to define the height of mid-rise buildings. The reduced height and built-in protection will mitigate extended fire department response time and keep incidents manageable.

Finding G
Based upon the circumstances previously described, the protection of persons and property requires the City to adopt standards that are more stringent than those set forth in: (1) the State Building Standards Code Sections, 202, 308, 321, 503, 507, 902, 903, 905, 5608, 5704, 5705, 5706, 6104, B, I and Section 3 of the International Fire Code.

SECTION TWO:

In accordance with California Health and Safety Code section 17958.7, the matrix attached to the City of Del Mar Staff Report as Attachment D lists the findings made by the City Council herein regarding the climatic, geological and topographical circumstances unique to the Del Mar community along with the corresponding expressed amendments to the California Fire Code 2022 edition. Said matrix is available as a public record and shall be filed with the California Building Standards Commission. 6 October 17, 2022 Item 13
Ordinance No. ____

SECTION THREE:

That Section 10.04.010 of the Municipal Code is amended to read as follows:

That a certain document, three copies of which are on file in the office of the City of Del Mar Fire Department being marked and designated as the 2021 International Fire Code and 2022 California Fire Code, including Appendix B and I, as published by the International Code Council, is hereby adopted as the fire code of the City of Del Mar, State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, or construction, erection, alteration, repair, moving, removal, conversion, demolition, equipment use, and maintenance of buildings and structures, including that providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City of Del Mar Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and revisions, if any, prescribed in this Chapter.

SECTION FOUR:

That Section 10.04.030 of the Municipal Code is amended to read as follows:

Chapter 2 - Definitions
Section 202 - General Definitions. This section is added or revised to read:

Fire Hazard - is any condition or conduct which: (a) increases or may increase the threat of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or (b) may obstruct, delay, hinder or interfere with the operations of the Fire Department or egress of occupants in the event of fire.

Fireworks - is any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall not be permitted at all times. "Fireworks" shall include snap caps and poppers, regardless of the amount of explosive content included in each device.
7 October 17, 2022 Item 13
Ordinance No. ____

Hazardous Fire Area - Any geographic area mapped by the State or designated by the local jurisdiction as a moderate, high or very high fire hazard area, or which the FAHJ has determined is a hazardous fire area based on the type and condition of vegetation, topography, weather, or structure density which may increase the possibility of the area being susceptible to wildfire.

Level - An area above or below grade including but not limited to; basements, garages, cellars, mezzanines, or similar uses.

Mid-Rise Commercial Building - a building four stories or more in height, but not exceeding 75 feet and not defined as a high-rise building by section 202 of the California Building Code. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied, to the lowest level of fire apparatus access road level. Nothing in section 324 shall imply or allow a building height in excess of current City of Del Mar Planning and Zoning requirements.

Wherever the terms "This Code" and “2021 International Fire Code” are used, they shall mean the 2022 California Fire Code as modified by the City of Del Mar with the additions, deletions and revisions set forth in the amendments.

SECTION FIVE:

That Section 10.04.040 is amended to read as follows:

Chapter 57 - Flammable and Combustible Liquids
Section 5704.2.9.6.1 - Locations where Above-ground Tanks are Prohibited. This section is revised to read:

In the City of Del Mar, (geographic limits in which the storage of class I and Class II liquids in above-ground tanks outside of buildings is prohibited): the limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the 2022 California Fire Code and the 2021 International Fire Code in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Del Mar.

EXCEPTIONS:

1. 2000 gallons maximum temporary (six months maximum) aboveground tanks meeting UL 2085 for private use on farms, agricultural and rural property, remote construction sites, earth moving projects, gravel pits or borrow pits. Such tanks shall be specially designed, approved and listed, and have features incorporated into their design which mitigates concerns for exposure to heat (two-hour fire resistance), ignition sources and mechanical damage. A Fire Department permit will be required.
8 October 17, 2022 Item 13
Ordinance No. ____

2. Crankcase drainings may be stored in specially constructed aboveground storage tanks, approved by the Fire Code Official, with a maximum capacity of 550 gallons. Such tanks may be located within a building when the Fire Code Official deems appropriate, and the container meets the following: specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage.

3. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. All installations require a Fire Department permit.

4. With the approval of the Fire Code Official, Class I and II liquids may be stored in aboveground tanks inside or outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Class I liquids will be limited to 550 gallons and Class II liquids will be limited to 1,100 gallons. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment.

The Fire Code Official may disapprove the installation of such containers when in his opinion their use presents a risk to life or property.

5. With the approval of the Fire Code Official, temporary storage of a maximum 10,000 gallons of Class II liquids may be permitted for a period not to exceed ninety (90) days at remote construction sites, earth moving projects, gravel pits or borrow pits, consistent with 5704 and 5706.

Section 5706.2.4.4 - Locations where Aboveground Tanks are prohibited. This section is revised to read:

The geographic limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited in residential areas within the City of Del Mar.

Section 5706.4 - Bulk Plants or Terminals. This section is revised to read:

The geographic limits in which bulk plants and terminals of flammable and combustible liquids are received are prohibited for the protection of heavily populated and congested areas and is hereby established as jurisdiction limits of the City of Del Mar.

Chapter 61 - Liquefied Petroleum Gases
Section 6104.2 - Maximum Capacity within Established Limits. This section is revised to read:
9 October 17, 2022 Item 13
Ordinance No. ____

The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Del Mar. The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.

SECTION SIX:

That Section 10.04.060 is amended to read as follows:

Chapter 3 - General Requirements Section 324 – Mid-Rise Buildings Section 324.1 – General. This section is added to read:

All newly constructed mid-rise buildings or any mid-rise building which undergoes a complete structural or non-structural renovation that requires the vacancy of the entire building to complete the renovation, shall comply with sections 324.1-324.3.

Exceptions:

1. Buildings used exclusively as an open parking garage.

2. Buildings where all floors above the fourth-floor level are used exclusively as an open parking garage.

3. Buildings such as a power plant, lookout tower, steeple, grain house, or other similar structures with intermittent human occupancy.

Section 324.2 – Fire Equipment Control Room
A fire equipment control room for fire department operations shall be provided. The location and accessibility of the room shall be approved by the fire department and be separated from the remainder of the building by not less than a 1-hour barrier. The room shall contain the following at a minimum:

1. Voice alarm and public address panels.

2. Fire alarm control panel.

3. Status indicators and controls for air-handling systems.

4. Fire pump status indicators (if required).

5. Set of complete building plans.

Section 324.3 – Road Dimensions
Fire apparatus access roads serving buildings or portions of buildings or facilities that exceed 30 feet in height above the lowest level of fire department vehicle access shall have an unobstructed width of not less than 26 feet.
10 October 17, 2022 Item 13
Ordinance No. ____

SECTION SEVEN:

That Section 10.04.070 is amended to read as follows:

Chapter 5 - Fire Service Features
Section 503 - Fire Apparatus Access Roads
Section 503.2.1 - Dimensions
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet, except for single-family residential driveways; serving no more than two, single-family dwellings, shall have a minimum of 16 feet of unobstructed improved width.

EXCEPTION:

Fire access roadways, gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane.

Section 503.2.3 - Surface. This section is revised to read:

New or improved fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 lbs. and shall be provided with an approved driving surface to provide all-weather driving capabilities.

Section 503.2.7 - Grade. This section is revised to read:

New or improved grades exceeding 15% on fire apparatus access roads shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel.

Maximum grade shall not exceed 20%.

Section 503.2.8 - Angles of Approach and Departure. This section is revised to read:

The angle of approach and departure of a fire access roadway shall not exceed 12% or as approved by the Fire Code Official.

Section 503.3 - Marking. This section is revised to read:

When required by the Fire Code Official, approved signs or other approved notices or markings shall be provided for all public and private fire apparatus access roads to identify such roads or prohibit obstruction thereof. Signs or notices or markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. All new public roads, all private roads within major subdivisions and all private roads serving four or more parcels shall be named. Road name signs shall comply with City of Del Mar standards. 11 October 17, 2022 Item 13
Ordinance No. ____

Section 503.6 - Security Gates. This section is revised to read:

Section 503.6 - Security Gates: No person shall install a security gate or security device across a fire access roadway without the Fire Code Official's approval.

1. An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions and opening the gate.

2. A gate accessing more than four residences or residential lots, or a gate accessing any hazardous institutional, educational or assembly occupancy group structure, shall also be equipped with an approved emergency traffic control-activating strobe light sensor or other device approved by the Fire Code Official, which will activate the gate on the approach of the emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure.

3. An automatic gate shall meet Fire Department policies deemed necessary by the Fire Code Official for rapid, reliable access.

4. An automatic gate serving more than one dwelling or residential lot in existence at the time of adoption of this Chapter is required to install an approved emergency key-operated switch or other mechanism approved by the Fire Code Official, at an approved location, which overrides all command functions and opens the gate. A property owner shall comply with this requirement within 90 days of receiving written notice to comply.

5. Where this section requires an approved key-operated switch, it may be dualkeyed or equipped with dual switches provided to facilitate access by law enforcement personnel.

6. Electric gate openers, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

SECTION EIGHT:

That Section 10.04.080 Fire Protection Water Supplies and Fire Service Features.

Chapter 507 Fire Protection Water Supplies
Section 507.2.2 Water Tanks. This section is revised to read:

Water storage tanks, when permitted by the Fire Code Official, shall comply with Table No. 507.2.2A.
12 October 17, 2022 Item 13
Ordinance No. ____

WATER STORAGE TANKS
Table No. 507.2.2A
TABLE NO. 507.2.2A
Building Square Feet
Gallons Per Minute
Water Flow
Capacity
Gallons
Duration
Minutes
Up to 1,500
Over 1,500
250
250
5,000
10,000
20 40
When exposure distance is one hundred feet (100') or less from adjacent property or where additional hazards or higher fire flow exists, the required water storage may be modified by the fire code official.

1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the fire department. Tank size may be increased to serve multiple structures on a single parcel.

2. Supply outlet shall be at least 4 inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall provide an approved means of controlling water flow.

3. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.

4. All exposed tanks and exposed supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.

Section 507.5.1 Where Required
This section is revised to read:

The location, type and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public or private street, or on the site of the premises to be protected or both. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of section 503.

Section 507.5.1.01 Requirements for single-family dwellings This section is revised to read:
13 October 17, 2022 Item 13
Ordinance No. ____

In zones other than industrial, commercial and multi-family, fire hydrants shall be installed in accordance with Table No. 507.5.1.01A.

Table No. 507.5.1.01A
TABLE 507.5.1.01A
Parcels ½ acre and larger: Every 500 feet
Parcels less than ½ acre: Every 350 feet
Section 507.5.1.02 Requirements for multi-family, commercial and industrial zones
This section is revised to read:

In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, or as approved by the fire code official, and every 300 feet of fire access roadways, regardless of parcel size.

SECTION NINE:

That Section 10.04.110 is amended to read as follows:

Section 112.4 - Violation Penalties. This section is revised to read:

A. Any person, corporation, association or entity that violates the provisions of Sections 105, 106, 107, 109, 110, or 111 or 113 of the 2022 California Fire Code is guilty of a misdemeanor. Any person, corporation, association or entity that violates any other provisions of this chapter is guilty of a misdemeanor or infraction as determined under Chapter 1.08 Del Mar Municipal Code. The penalty for violations shall be determined under Chapter 1.08 of the Del Mar Municipal Code. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation. Each violation of this chapter, in addition to the offenses under this section, shall constitute a public nuisance.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

SECTION TEN:

The City Council finds that approval of this ordinance is not subject to the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 14 October 17, 2022 Item 13
Ordinance No. ____

15061(b)(3) in that the adoption of the International and State fire codes will not have a significant effect on the environment.

SECTION ELEVEN:

This Ordinance was introduced on October 3, 2022.

SECTION TWELVE:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION THIRTEEN:

This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published pursuant to the provisions of state law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of October 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
15 October 17, 2022 Item 13
Ordinance No. ____

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
16 October 17, 2022 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Isam Hasenin, Contract Building Official
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Adoption of the 2022 California Building Code and Local Amendments REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 23.12 to adopt the 2022 California Building Code and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review, as introduced on October 3, 2022.

DISCUSSION/ANALYSIS:

The City of Del Mar, through its Building Services Division, reviews development projects to ensure that new construction does not pose a threat to public health and safety. To do this review, the City relies on the regulations contained in the California Building Standards, which include the California Building, Plumbing, Mechanical and Electrical codes. The City adopts the California Building Standards by reference in DMMC Chapter 23.12.

The State of California recently adopted amendments to the California Building Standards (2022 Edition) that become effective on January 1, 2023. The City periodically adopts amendments to its own Building Code to incorporate the changes adopted by the State. The last set of amendments occurred in 2019.

On October 3, 2022, City Council held a public hearing and introduced the Ordinance (Attachment A) to adopt 2022 Edition of the California Building Standards. The recommended action in this report is the second reading and final adoption of the Ordinance. The Ordinance will become effective 30 days from adoption on November 16, 2022.

The Ordinance would amend DMMC Chapter 23.12 to reflect the new building code requirements as they are contained in various editions of what is known as the 2022 Edition of the California Building Standards. The State building codes are updated every three years 1 October 17, 2022 Item 14
City Council Agenda Report
Adoption of the 2022 California Building Code
October 17, 2022

by the State of California Building Standards Commission. Local jurisdictions are required to enforce the State-adopted codes as the minimum standard for construction.

In conjunction with the adoption of the new codes, local governments may adopt more stringent construction standards and can re-adopt amendments from previous years that are still valid. For example, Del Mar’s municipal code narrows the building permits exemptions for one-story detached accessory structures by exempting those less than 48 square feet in area, where the State code exempts 120 square feet or less. Del Mar also applies a more stringent roofing requirement that generally requires Class A roofing for all new roofs and reroofs, which limits the ability for wood shake or shingle roof coverings to be replaced.

As proposed, all existing locally adopted amendments will continue to apply. Two additional local amendments that had been in place since 2004, but were inadvertently removed in the 2019 update, will be reinstated with adoption of the ordinance. The reinstated local amendments require building permits for all fences/walls and for the restriping of commercial parking lots. Each of the local amendments listed in the Ordinance contain a State required justification (finding) statement. The justification must be based on local geological, climatic, topographical, or environmental conditions that warrant the need to deviate from the requirements of the State code.

PRIOR CITY COUNCIL REVIEW:

On November 18, 2019, the City Council adopted Ordinance 957 amending various chapters of the DMMC to adopt the 2019 Edition of the California Building Code and reflect local amendments.

FISCAL IMPACT:

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

The review of a development’s conformance with the applicable building codes is processed through the separate review of development applications and building permits. As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of Building department related permits.

ENVIRONMENTAL REVIEW:

This project is not subject to the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). The adoption of State-mandated building codes with minor amendments will not have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the DMMC to adopt the required California building codes by reference and incorporate local modifications is a Tier 1 priority for FY2022-23.

ATTACHMENTS:

Attachment A - Ordinance to amending DMMC Chapter 23.12 2 October 17, 2022 Item 14
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL
CODE CHAPTER 23.12 (CALIFORNIA CODES FOR
CONSTRUCTION) BY AMENDING SECTIONS 23.12.010,

23.12.012, 23.12.018, 23.12.020, 23.12.030, 23.12.040,

23.12.050, 23.12.060, 23.12.062, 23.12.063, 23.12.070,

23.12.080 AND 23.12.090; BY CONFIRMING THAT THE

LOCALLY ADOPTED AMENDMENTS IN EXISTING
SECTIONS 23.12.011, 23.12.014, 23.12.061, 23.12.064,
AND 23.12.065 WILL CONTINUE TO APPLY; AND BY
ADDING NEW SECTIONS 23.12.013 AND 23.12.066, ALL
RELATING TO APPLICABILITY OF THE 2022 CALIFORNIA

BUILDING STANDARDS CODE AND ASSOCIATED

NATIONAL AND STATE BUILDING AND CONSTRUCTION

CODES WITHIN THE CITY OF DEL MAR
WHEREAS, the ordinance updates locally adopted building and construction codes (last updated in 2019) to incorporate the 2022 California Building Standards Code and associated National and State codes with minor modifications to reflect local conditions; and WHEREAS, the 2022 California Building Standards Code is based on the 2021 editions of the International Building Code, Uniform Plumbing Code, and Uniform Mechanical Code; 2020 edition of the National Electrical Code; 2021 California Energy Code; 2022 California Residential Code; 2022 California Green Building Code; 2022 California Administrative Code; and 2022 California Reference Standards Code; and WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, California Health and Safety Code section 17958 permits local jurisdictions to make such changes or modifications to the California Building Standards Codes as are necessary due to local climatic, geological or topographical conditions; and WHEREAS, the City Council finds that the minor modifications and changes to the California Building Standards Code are reasonably necessary to ensure consistent application of the codes throughout the State; and
WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.

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

SECTION ONE
That Section 23.12.010 of the Municipal Code is amended to read as follows:

ATTACHMENT A
3 October 17, 2022 Item 14
Ordinance No. ____

23.12.010 - Adoption of the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Del Mar for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Building Code, 2021 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Del Mar shall be in conformance with the 2022 California Building Code and the adopted Appendix Chapters, published by the California Building Standards Commission.

SECTION TWO
That Section 23.12.012, is amended to read as follows:

23.12.012 - Section 105.1. amended.

Local amendments to Section 105.1 (Permits Required) to require permits for repaving and restriping by adding the following statement at the end of Section 105.1- Required:
“A building permit is required for repaving and/or re-striping of all parking lots serving commercial, office, multi-family and hotel buildings and structures. Re-striping shall meet the current edition of the CBC.”
Finding and Justification:

That the City of Del Mar, due to its unique local topographic conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, and to ensure continued access for people with disabilities necessitates that building permit be required for re-striping of parking lots serving commercial, office, multi-family and hotel buildings and structure.

SECTION THREE
That Section 23.12.013, is added to read as follows:

23.12.013 - Section 105.2. amended
Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:
4 October 17, 2022 Item 14
Ordinance No. ____

1. Modifies CBC Section 105.2 – 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 m2 4.46 square meter). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Modifies CBC Section 105.2 – 2. as follows: Fences not over 7 feet (2134 mm) 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 4. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CBC Section 105.2 – 6. by adding the following exemption at the end of item 6: “Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).” Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Finding and Justification:

That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots, necessitate that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.

SECTION FOUR
That the following findings are made for the existing language in section 23.12.014 amending Section 1505:

Finding and Justification:

That the City of Del Mar has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these topographic and climatic conditions necessitate greater fire protection than that provided by the 2021 California Building Code.

Therefore, this chapter alters the 2022 California Building Code, to require Class A fire retardant roof coverings throughout the city.

SECTION FIVE
That Section 23.12.018, is amended by deleting the local adoption of Appendices C and I and adopting Appendix AX of the California Residential Code “Swimming Pools Safety Act”, to 5 October 17, 2022 Item 14
Ordinance No. ____

read as follows:

Appendix AX of the 2022 California Residential Code is adopted.

Finding and Justification:

To comply with the Swimming Pool Safety Act found in Health and Safety Code Sections 115920 through 115929.

SECTION SIX
That Section 12.12.020 of Chapter 23.12 Division 2 (Electrical Code) be amended to read as follows:

23.12.020 - Adoption of the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city electrical code for the purpose of prescribing regulations in the city of Del Mar for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code based on the National Electrical Code, 2020 Edition. Except as otherwise provided by this Chapter other parts of the City of Del Mar Municipal Code, all installation, alteration, or repair of electrical systems within the City of Del Mar shall be in conformance with the 2022 California Electrical Code published by the California Building Standards Commission.

SECTION SEVEN
That Section 23.12.030 of Chapter 23.12 Division 3 (Plumbing Code) be amended to read as follows:

23.12.030 - Adoption of the 2022 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Del Mar shall be in conformance with 2022 California Plumbing Code, published by the California Building Standards Commission. 6 October 17, 2022 Item 14
Ordinance No. ____

SECTION EIGHT
That Section 23.12.040 of Chapter 23.12 Division 4 (Mechanical Code) be amended to read as follows:

23.12.040 - Adoption of the 2022 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Del Mar for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with California State Building Standards Code and any rules and regulations promulgated pursuant thereto, published by the California Buildings Standards Commission.

SECTION NINE
That Division 5 (Energy Code) Section 23.12.050 be amended to read as follows:

23.12.050 - Adoption of the 2022 California Energy Code. Part 6. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the City of Del Mar for the conservation of energy the 2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with California Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Energy Commission. 2022 California Energy Code, published by the California Energy Commission.

SECTION TEN
That Section 23.12.060 be amended to read as follows:

23.12.060 - Adoption of the 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.
7 October 17, 2022 Item 14
Ordinance No. ____

There is adopted and incorporated by reference herein as the city residential code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of one- and two-family dwellings, and townhouses, the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. and the 2022 California Residential Code. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of one- and twofamily dwellings and townhouses shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Residential Code, published by the California Building Standards Commission.

SECTION ELEVEN
That Section 23.12.062, is amended to read as follows:

23.12.012 - Section R105.2. amended
Local amendments to Section R105.2 (Work exempt from a Building Permit) are as follows:

1. Modifies CRC Section R105.2 – 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 4.46 square meters). It is permissible that these structures shall be regulated by Section 710A, despite exemption from permit.

2. Modifies CRC Section 105.2 – 2. as follows: Fences not over 7 Feet (2134 mm) 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 3. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CBC Section 105.2 – 5. as follows: “Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route.

This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).”
Finding and Justification:

That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope 8 October 17, 2022 Item 14
Ordinance No. ____

failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots necessitates that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.

SECTION TWELVE
That Section 23.12.063, be amended to read as follows:

23.12.063 Section R902.1.3. amended.

Local amendments to Section R902.1 to delete reference to Class B and C roof covering and be consistent with Section 1505 of the CBC as follows:

R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum class A, B or C roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A , B and C roofing required by this section to be listed shall be tested in accordance with ASTM E103 or UL 790.

All roof-coverings, including re-roofing except as specified in Section R902.1.2 below, shall be of a roof classification not less than a Class A Roof-Covering.

No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.

For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a class A Assembly.

Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

Finding and Justification:

The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City 9 October 17, 2022 Item 14
Ordinance No. ____

Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require Class A fire retardant roof coverings throughout the city.

SECTION THIRTEEN
That Section 23.12.064, be amended to read as follows:

23.12.064 Section R902.1.3 amended.

Local amendments to Section R902.1.3 to be renumbered to be consistent with the 2022 CRC as follows:

R902.1.3 R902.1.2 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 50 10 percent of the total roof area is replaced within a one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A.

Finding and Justification:

The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require Class A fire retardant roof coverings throughout the city.

SECTION FOURTEEN
That existing Section 23.12.064 is renumbered as Section 23.12.065, and amended to read as follows:

23.12.065 Section R313.1 Exception amended.

Section R313.1 Exception is amended to read as follows:
10 October 17, 2022 Item 14
Ordinance No. ____

R313.1 Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed. An automatic residential fire sprinkler system may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.

Finding and Justification:

The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, requiring that automatic residential fire sprinkler systems may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.

SECTION FIFTEEN
That existing Section 23.12.065 is renumbered as Section 23.12.066, and amended to read as follows:

23.12.066 Section R313.2 Exceptions amended.

Section R313.2 Exceptions is amended to read as follows:

R313.2 Exceptions:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. An automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.

Finding and Justification:

The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty 11 October 17, 2022 Item 14
Ordinance No. ____

winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require that an automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.

SECTION SIXTEEN
That Division 7 Green Building Code Section 23.12.070 be amended to read as follows:

23.12.070 - Adoption of the 2022 California Building Standards Code, Part 11, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city green building code for the purpose of prescribing regulations in the City of Del Mar for improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, the 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided in this chapter and other parts of the Del Mar Municipal Code, all construction shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Green Building Standards Code, published by the California Building Standards Commission and Appendix A5 (Tier 1 non-residential voluntary measures), incorporated herein by reference, is adopted as mandatory provisions for all new non-residential construction and any non-residential construction over a $150,000.00 valuation as determined by the City of Del Mar Building Division.

SECTION SEVENTEEN
That Section 23.12.080 be amended to read as follows:

23.12.080 - Adoption of Division II of Chapter 1 of the 2022 California Administrative Code, Part 1, Title 24 of the California Code of Regulations The California Administrative Code, Part 1, Title 24 of the California Code of Regulations is adopted and incorporated by reference herein as the city administrative 12 October 17, 2022 Item 14
Ordinance No. ____

code for the purpose of prescribing regulations in the City of Del Mar.

SECTION EIGHTEEN
That Section 23.12.090 be added to the Municipal Code to read as follows:

23.12.090 - Adoption of the 2022 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations
The California Reference Standards Code is adopted and incorporated by reference herein for the purpose of prescribing regulations in the City of Del Mar.

SECTION NINETEEN
The City Council finds that approval of this ordinance is not subject to the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) in that the adoption of the State mandated building codes will not have a significant effect on the environment.

SECTION TWENTY
This ordinance shall be effective January 1, 2023. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published pursuant to the provisions of state law.

SECTION TWENTY-ONE
This ordinance was introduced at a regular meeting of the City Council of the City of Del Mar on October 3, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of October 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
_____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
13 October 17, 2022 Item 14
Ordinance No. ____

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
14 October 17, 2022 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Sarah Krietor, Administrative Services Manger
Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Planning and Engineering Fee Schedule Administrative Update REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing and adopt a Resolution (Attachment A) approving administrative updates to the Fiscal Year 2022-2023 City of Del Mar Fee Schedule for Planning and Engineering Services.

DISCUSSION/ANALYSIS:

Pursuant to Resolution 2020-39 approved on July 6, 2020, the Del Mar City Council has the authority to update the user Fee Schedule annually at the beginning of each Fiscal Year (July 1) based on the Consumer Price Index (U.S. City Average) but cannot exceed three percent (3%) in a given year.

On the June 20, 2022, as part of the Fiscal Year 2022-2023 Operating and Capital Budget update, the City Council approved Resolution 2022-50 setting the Fiscal Year 2022-2023 Fee Schedule for Planning, Public Works, Community Services, and Administrative Services. The Consumer Price Index (U.S. City Average) as of May 2022 was 8.5%; therefore, most City fees were adjusted by 3%.

However, certain planning fees for residential plan checks and inspections (e.g., fees for 1-2 new dwelling units, 3 or more dwelling units, fees for remodeling less than 500 square feet, and remodeling more than 500 square feet) were last approved by Resolution 2020-39 on July 6, 2020, and were inadvertently omitted from Resolution 2022-50. As such, these fees were not adjusted by 3%. Engineering review fees for major administrative design reviews were last approved by Ordinance 962 on May 4, 2020, and were also inadvertently omitted from Resolution 2022-50, and therefore not adjusted by 3%.

A resolution approving administrative updates to the Planning and Engineering services fee schedule is needed in order to include the inadvertently omitted fees and provide the required adjustment to recover costs actually incurred by the City for providing such services. Pursuant to Del Mar Municipal Code Section 1.16.030, the City provided public notice and will conduct a public hearing as part of this agenda item regarding the update to the City’s fees, rates, and 1 October 17, 2022 Item 15
City Council Agenda Report
Planning and Engineering Fee Schedule Update
October 17, 2022

service charges. The redlined changes to the engineering review and planning fees are included with this agenda report as Attachments B and C, respectively.

FISCAL IMPACT:

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

Any increase in revenue as a result of approving the amended Planning and Engineering fees is expected to be nominal because the 3% increase is meant to recover costs incurred by the City for providing such services.

ENVIRONMENTAL IMPACT:

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

PRIOR CITY COUNCIL REVIEW:

On the June 20, 2022, City Council adopted Resolution 2022-50 setting the Fiscal Year 2022- 2023 City of Del Mar Fee Schedule for Planning, Public Works, Community Services, and Administrative Services. On June 21, 2021, City Council adopted Resolution 2021-29 setting the Fiscal Year 2021-2022 City of Del Mar Fee Schedule for Planning, Public Works, Community Services, and Administrative Services. On November 23, 2020, City Council adopted Resolution 2020-58 adopting the Clean Water Construction Inspection Fee and Amending the City of Del Mar Fee Schedule to Include the New Fee. On July 7, 2020, City Council adopted Resolution 2020-39 adopting the City of Del Mar Fee Schedule for Planning, Public Works, Community Services, Administration, and Fire Prevention Services. On May 4, 2020, City Council adopted Ordinance 962 approving a Modified Schedule of Fees and charges for Engineering Review Services.

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 2022-2023.

ATTACHMENTS:

Attachment A – Resolution Approving Administrative Updates to the Fiscal Year 2022-2023 City of Del Mar Fee Schedule for Planning and Engineering Services Exhibit A to Attachment A - Amended Engineering Review Fees (Clean) Exhibit B to Attachment A - Amended Planning Fees (Clean) Attachment B – Redline Amended Engineering Review Fees
Attachment C – Redline Amended Planning Fees
2 October 17, 2022 Item 15
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, APPROVING ADMINISTRATIVE UPDATES TO
THE FISCAL YEAR 2022-2023 CITY OF DEL MAR FEE SCHEDULE

FOR PLANNING AND ENGINEERING SERVICES
WHEREAS, the provisions of the California Mitigation Fee Act relating to fee and service charges provide for the adoption and implementation of fees, rates, and service charges for municipal services; and
WHEREAS, on the June 20, 2022, the City of Del Mar City Council approved Resolution 2022-50 setting the Fiscal Year 2022-2023 Fee Schedule for Planning, Public Works, Community Services, and Administrative Services, adjusting most fees by 3%; and WHEREAS, Planning fees for residential plan check and inspection of 1-2 New Dwelling units, 3 or more Dwelling Units, Remodel totaling less than 500 square feet, and Remodel totaling more than 500 square feet were last approved by Resolution 2020-39 on July 6, 2020, and were inadvertently omitted from Resolution 2022-50, therefore, were not adjusted by 3%; and
WHEREAS, Engineering review fee for major administrative design review was last approved by Ordinance 962 on May 4, 2020, and was omitted from Resolution 2022-50, therefore, was not adjusted by 3%; and
WHEREAS, the City desires to amend the Fiscal Year 2022-23 Fee Schedule for Planning and Engineering Services to include the administrative updates and adjustments related to the previously omitted fees; and
WHEREAS, the City has, pursuant to the Del Mar Municipal Code Section 1.16.030, provided notice of, and a conducted public hearing regarding the administrative modification of the City’s fees, rates, and service charges; and
WHEREAS, the updates to the fees, rates, and charges in the City of Del Mar Fee Schedule contained in Exhibits “A” and “B” of this Resolution do not exceed the City’s reasonable administrative costs of providing such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby approves the administrative updates to the City of Del Mar Fiscal Year 2022- 23 Fee Schedule for Planning and Engineering Services, attached hereto as Exhibits “A” and “B”.

BE IT FURTHER RESOLVED, the fees and charges contained in the City of Del Mar Fee Schedule approved herein supersede any and all fees and charges for corresponding services as previously approved by the City Council.

BE IT FURTHER RESOLVED, that the fees adopted as part of this Resolution become effective on the sixtieth (60th) day following its adoption (the “Effective Date”). Upon the Effective Date, the fees identified and approved by this Resolution shall be levied, collected and disposed of in accordance with the California Mitigation Fee Act (California Government code section 66000 et seq.) and/or Chapter 1.16 of the Del Mar Municipal Code in effect as of the Effective Date, as applicable.
3 October 17, 2022 Item 15
Resolution No. 2022-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of October 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 No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 October 17, 2022 Item 15
Adopted June 20, 2022 by
City Council Resolution 2022-50
Effective July 1, 2022
Amended October 17, 2022 by
City Council Resolution 2022-xx

CITY OF DEL MAR SCHEDULE OF FEES AND CHARGES FOR
ENGINEERING REVIEWS (FISCAL YEAR 2023)

LIST OF DEVELOPMENT APPLICATION FEES AND CHARGES
Application Type Fee

ENGINEERING REVIEW FEES FOR PROJECT APPLICATIONS
Design Review Board $1,220 (one review cycle)
Administrative Design Review (major) $942 (one review cycle) Administrative Design Review (minor) $605 (one review cycle) Conditional Use Permit $971 (one review cycle)
Flood Plain Permit $970 (one review cycle)
Preliminary SWMP Review $578 (one review cycle)
Preliminary Stormwater Checklist Review $345 (one review cycle) TPM $3,024 (3 review cycles)
TM $6,365 + $138 each additional lot over 5
(3 review cycles)
ADU Review and Inspection $690
Additional ADU Review $477
Maximum review cycles for lump sum fees are shown in parenthesis.

Additional review will be deposit based.

ENGINEERING REVEW FEES FOR FINAL APPLICATIONS (three review cycles) Mapping Fee
Parcel Map $4,031
Final Map $7,793 + $5.00/Acre
Easement Document $785
Easement Vacation $1,602
Lot Line Adjustment $1,448
Certificate of Compliance $1,257
Certificate of Correction $981
Grading Plan Review Fee
Grading/Drainage As-Built Inspection $334
5 October 17, 2022 Item 15

Earthwork Estimate Fee
200 cy or less $1,814
201-2,000 cy $1,740 for the first 200 cy +
$127 for each add’l 100 cy or fraction thereof
2,001-10,000 cy $3,962 for the first 2,000 cy +
$63 each add’l 1,000 cy or fraction thereof
10,001 or greater cy $4,488 for the first 10,000 cy +
$29 for each add’l 1,000 cy or fraction thereof
*Additional fees will be required for any private storm drain, erosion control, or other on-lot improvements. The additional fees will be based on the estimated value of the improvements and the improvement fee schedule below.

Improvement Plan Review Fee
$0.00 – 20,000 $1,517 + 5% of value of improvements
$20,001 – 50,000 $1,936 + 4% of value of improvements
$50,001 – 100,000 $2,498 + 3% of value of improvements, $4,596 minimum
$100,001 – 250,000 $2,806 + 2.5% of value of improvements, $6,566 minimum
$250,001 – 500,000 $8,482 + 2% of value of improvements, $15,640 minimum
$500,001 – 1,000,000 $14,991 + 1.5% of value of improvements, $27,018 minimum
$1,000,001 and over $15,887 plus 0.75% of value of improvements, $32,579 minimum
SWPPP Review Fee
Single-Family Detached $265 + $286 each add’l lot/unit
Multi-Family Attached $265 + $286 each add’l lot/unit
Commercial / Industrial $371 + $286 each add’l lot/unit SWMP Review Fee
Final SWMP $923
Final Stormwater Checklist $461
Drainage Plan: Fee
Amount of Affected Area
2,500 sf or less $1,571
2,501-5,000 sf $2,355
5,001-10,000 sf $2,716
Greater than 10,001 sf $2,716 + 0.05 for each add’l SF over 10,000 SF Construction Change Drainage/Grading Plans $530
6 October 17, 2022 Item 15

Inspection Fee
$0.00 – 20,000 5.5% of improvements
$20,001 – 50,000 $1,729 + 4% of value of improvements over $20,000 $50,001 – 100,000 $3,681 + 3% of value of improvements over $50,000 $100,001 – 250,000 $4,488 + 2% value of improvements over $100,000 $250,001 – 500,000 $7,713 + 1% of value of improvements over $250,000 $500,001 – 1,000,000 $10,821 + 0.5% of value of improvements over $500,000 $1,000,001 and over $13,542+0.25% of value of improvements over $1,000,000 Other Notes Applicable to this Schedule of Fees and Charges:

1. The figures listed for Flat Fees in this Schedule of Fees and Charges shall be updated annually at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index for all Urban Consumers (CPI-U) (San Diego-Carlsbad) all items category, using the period of change from April of the prior year to April of the current year, and adjustments shall be no less than zero-percent (0%), but not to exceed three-percent (3%).

2. Work started prior to authorization of proper required permits shall be subject to payment of double the amount of the fees/charges otherwise applicable to the required permit application(s).

3. If a proposed development requires receipt of multiple permits, the applicant shall pay 100% of all required application fees and/or deposits, as identified in this Schedule of Fees and Charges.

4. Application fees and charges collected pursuant to this schedule are non-refundable.

However, at the discretion of the Director of Planning and Community Development, a portion of a submitted fee may be refunded if an application is withdrawn. The withdrawal of the application and the request for refund shall be made in writing. The Director of Planning and Community Development shall determine the amount of the refund based on the administrative costs expended on the project as of the date the application is withdrawn

5. When a request for engineering review is submitted that is not listed in the Schedule of Fees and Charges, the Director of Planning and Community Development shall determine which of the items that is listed on the Schedule would most closely match the expected staff workload required to review and administer the application/request. That fee or charge shall be applied to the unlisted request.

6. Where an application is re-submitted for a project that was previously approved but not implemented, the Director of Planning and Community Development shall have the discretion to reduce the amount of the required fees or deposit charges for the resubmitted permit applications by a factor of not more than 50%. Such reduction shall be granted only upon a determination by the Director that there have not been changed circumstances which would necessitate additional staff analysis to prepare staff reports and other related documents for processing the new application.

8. Any interest accrued from a deposit submitted in accordance with this Schedule of Fees and Charges shall be used to off-set the City’s administrative costs to maintain said deposits. Accrued interest shall not be reimbursed to the applicant. 7 October 17, 2022 Item 15
Adopted June 20, 2022 by
City Council Resolution 2022-50
Effective July 1, 2022
Amended October 17, 2022 by
City Council Resolution 2022-xx

CITY OF DEL MAR

PLANNING FEE SCHEDULE

PLANNING AND LAND USE APPLICATIONS
The fees listed below are charged as a flat fee rate (versus being charged as a deposit against a time-and-materials cost-recovery basis).

Application Type Fee

ACCESSORY DWELLING UNIT (ADU)
Accessory Dwelling Unit $ 1,098
ADMINISTRATIVE DESIGN REVIEW PERMIT (ADR) / DESIGN REVIEW BOARD PERMITS (DRB)* Non-contested ADR Projects
Administrative Design Review – Minor $ 680
Administrative Design Review – Major $ 1,175
Contested ADR Projects - Where an ADR application is formally contested pursuant to DMMC §23.08.035(D), additional fees shall be charged to cover the anticipated average administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing as follows:

Administrative Design Review – Minor (additional fee) $ 1,997 Administrative Design Review – Major (additional fee) $ 3,234 Design Review – Miscellaneous $ 2,763
Design Review <500 square feet $ 3,343
Design Review >500 square feet $ 5,664
Design Review Board - Residential: 1 - 2 New Dwelling Units $ 8,418 Design Review Board - Residential: 3 or more New Dwelling Units $ 11,049 Design Review Board - Commercial: Remodel <1,000 sf $ 5,169 Design Review Board - Commercial: Remodel >1,000 sf $ 8,728 Design Review Board - Commercial: New Construction $ 11,049 Design Review Board - Modification $ 2,384
Citizens’ Participation Program $ 4,395
(this fee does not include public noticing)
*This application fee covers the administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing. Where an application necessitates review at more than one DRB hearing, additional fees shall be charged as follows:
• Preparation for and attendance at a second DRB hearing • Preparation for and attendance at a third or subsequent DRB hearing(s) (per hearing)
$ 1,765
$ 1,146
APPEALS – FILED WITH THE CITY CLERK
Appeal of decision by Planning Director or lower decision-making body to City Council - request for Initial Consideration and de novo hearing by City Council
$ 1,547
($250 is refunded if an appeal
is not set for a de novo
hearing)

CONDITIONAL USE PERMITS (CUP) / VARIANCES (V)
CUP $ 2,522
CUP modification of use (no new structures or additional floor area) $ 2,522 Variance $ 3,218

COASTAL DEVELOPMENT PERMITS (CDP)
Coastal Development Permit – With hearing by a discretionary body $ 3,095 Coastal Development Permit – Review and/or hearing at staff level $ 310

DETERMINATION OF SUBSTANTIAL CONFORMANCE (DSC)
Determination of Substantial Conformance $ 348
8 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022

DOCUMENTATION REPRODUCTION FEE
Document Reproduction Fee (applies to application material) .25¢/pg up to 11x17; $2/pg plan sheet

ENCROACHMENT PERMITS (EP)
Encroachment Permit – Short term $ 463
Encroachment Permit – Long-term/Minor $ 619
Encroachment Permit – Long-term/Major (with City Council review) $ 1,823

FLOODPLAIN DEVELOPMENT PERMITS (FDP)
Floodplain Development Permit $ 3,095
Floodplain Development Permit – With request for hardship relief from regulations $ 3,300

HORIZONTAL ZONING REQUEST (HZ)
Request to City Council for relief from Horizontal Zoning regulations $ 2,166

LAND CONSERVATION PERMITS (LC)
Land Conservation Permit $ 3,095
Administrative Land Conservation Permit $ 1,006

MISCELLANEOUS
Bingo Permit $ 77
Demolition Permit $ 373
Address Change $ 232

NEWS RACK PERMIT (NRP)
News Rack Permit $ 158
(Each location requires a separate permit)

PARKING PERMITS (P)
Off-site Parking Permit $ 1,547
Shared Parking Permit $ 2,785

PLANNING FINAL CONSISTENCY REVIEW / INSPECTIONS
Plan Check & Inspection – Residential: 1-2 New Dwelling Units $ 2,704 Plan Check & Inspection – Residential: 3 or more New Dwelling Units $ 6,760 Plan Check & Inspection – Residential: Remodel <500 sf $ 901 Plan Check & Inspection – Residential: Remodel >500 sf $ 1,352 Plan Check & Inspection – Add <100 sf $ 1,083
Plan Check & Inspection – Add >100 sf $ 1,238
Plan Check & Inspection – Non-residential <5,000 sf $ 4,641 Plan Check & Inspection – Non-residential >5,000 sf $ 6,963 Plan Check & Inspection – Miscellaneous $ 619

PLAZA REVIEW
Plaza Tenant Improvement Review (PTI) $ 386
Plaza Sign Review $ 232

PUBLIC NOTICE
Public Notice $149 service fee / 0.53¢ parcel

REDEVELOPMENT PERMIT (R)
Redevelopment Permit $ 5,416

RESEARCH
Staff will provide the first half-hour worth of research without charge.

Thereafter, the research charge will be applied. $137 per hour SIDEWALK CAFÉ PERMIT (SCP)
Sidewalk Café Permit $ 3,465

SITE SPECIFIC PARKING PLAN
Site Specific Parking Plan $ 2,893

SHORELINE PROTECTION PERMITS
Shoreline Protection Permit (SPP) $ 4,069
Setback Seawall Permit (SSP) $ 6,545
Emergency Beach Barrier (IB) $ 2,846
9 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
Application Type Initial Deposit Required

COMMUNITY (GENERAL PLAN) PLAN AMENDMENT, ZONING AMENDMENT,

SPECIFIC PLAN OR SPECIFIC PLAN AMENDMENT
General Plan Amendment – Text Change $ 10,609
General Plan Amendment – Map Change $ 10,609
Local Coastal Plan Amendment $ 10,609
Zoning Code Amendment – Change of Text $ 10,609
Rezone – Change of designation on Zoning Map $ 10,609
Specific Plan $ 26,523
Specific Plan Amendment $ 5,305
Development Agreement $ 10,609
Development Agreement Amendment $ 5,305

ENVIRONMENTAL REVIEW
Environmental Assessment / Initial Study $ 1,061
EIR $ 6,365
EIR Addendum / Supplemental $ 2,652
Environmental Monitoring $ 2,652
All of the application types listed above are processed by the City on a time-and-materials basis. At the time of submittal, an initial deposit is required in the amount listed.

During the course of review, City staff will track the time-and-materials expenses incurred against the submitted deposit. When the amount incurred reaches 80% of the submitted deposit amount, an additional deposit shall be required. Failure to submit any additional required deposit amounts will result in a cessation of staff work on the application.

SIGN PERMITS
Administrative Sign Review Permit (ASR) $ 241
DRB Sign Permit (DRB-S) $ 2,321

STREET VACATION (SV)
Street Vacation $ 7,101

SUBDIVISIONS
Boundary Adjustment (BA) with Certificate of Compliance $ 3,450 Certificate of Compliance (COC) Only $ 1,248
Tentative Parcel Map (TPM) – Four (4) or fewer new lots $ 8,970 Tentative Parcel Map (TPM) – Condo Conversion $ 3,277
Revised Parcel Map $ 6,372
Final Parcel Map $ 3,398
Tentative Tract Map (TTM) – Five (5) or more new lots $ 9,892 Tentative Tract Map (TTM) – Condo Conversion of 5 or more units $ 4,173 Final Tract Map $ 4,173

TEMPORARY USE PERMIT (TUP)
Minor Temporary Use Permit $ 619
Major Temporary Use Permit $ 3,095

TREES, SCENIC VIEW, SUNLIGHT (TSVS) APPLICATION
Trees, Scenic View and Sunlight Determination $ 3,095
Trees, Scenic View and Sunlight Remediation $ 3,095
Trees, Scenic View and Sunlight Inspection $ 619

TREE PERMITS
Tree Removal Permit (TRP) $ 535
Notice of Intent (NOI) to remove a protected tree $ 303 WATER EFFICIENT LANDSCAPE – WELO
Water Efficient Landscape (WELO) $ 760

ZONING CODE DETERMINATION / INTERPRETATION
Determination of Allowable Use (D) $ 2,669
Interpretation of Zoning Code (I) $ 2,669
10 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
Additional charges, taxes and fees are noted below, including:
- Community (General) Plan/Zoning Code Update Charge (10% charge) - Construction License Tax
- Regional Transportation Congestion Improvement Program - In-Lieu Housing Mitigation Fee
- Housing Reduction Mitigation Fee
- In-Lieu Parking Fee
COMMUNITY (GENERAL) PLAN/ZONING CODE UPDATE CHARGE (10% CHARGE) This charge was established by the City Council to create a reserve of funds to support the periodic updates to the City’s Community Plan mandated by state law. The charge is also intended to support associated updates to the City’s Zoning Code. The charges that are collected are placed in a reserve account dedicated to funding Community Plan and Zoning Code Updates.

The amount of the Community Plan/Zoning Code Update Charge is determined as follows:
• The payment of the Community Plan/Zoning Code Update Charge applies only to applications that involve review by one of the City’s discretionary review bodies (City Council, Planning Commission, and Design Review Board).
• For applications that require payment of a flat fee, the Community Plan/Zoning Code Update Charge shall be 10% of the amount of the flat fee for the application, as listed in this Schedule. • For applications that require submittal of a time and materials deposit, the Community Plan/Zoning Code Update Charge shall be a figure of either: 10% of the required Initial Deposit, as listed in this schedule, or $1,000, whichever is less.
• Where multiple applications are submitted concurrently for a project, only one Community Plan/Zoning Code Update Charge shall be required, based on 10% of the amount of the highest of the fees or deposits required for the submitted applications.

The charges listed below are not required at the time of application submittal but, as applicable under the Del Mar Municipal Code, may be required as a condition(s) of approval of an approved permit:

Construction License Tax: 0.35¢ per square foot
(applies to all new floor area and/or replacement floor area Regional Transportation Congestion
Improvement Program (RTCIP):
$2,688.21 per new (versus replacement) residential unit (applies to a net increase of residential units on a parcel, e.g., new residence on a vacant parcel; new additional residential units on an existing developed parcel, etc.)
Housing Reduction Mitigation Fee: $25,036 per unit
(as required pursuant to the City’s Affordable Housing
Programs)
In-Lieu Housing Mitigation Fees: Subdivisions:
$25,788 per lot created (per DMMC 24.21)
New Condominium Construction or Conversion:
$33 per square foot of habitable area (per DMMC 24.21)
In-Lieu Parking Fee $35,715 per stall (one-time fee); or $1,261 per stall (recurring annual fee for participation in the program) (fee is not available for residential or hotel/motel 11 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
uses; the in-lieu program has a cap of 50 spaces)
Other Notes applicable to the Planning Fee Schedule:

1. The figures listed for Flat Fees in this Schedule of Fees and Charges shall be adjusted on July 1 of each year in accordance with the Consumer Price Index - U.S. City Average, as published by the Bureau of Labor Statistics.

2. Work started prior to authorization of proper required permits shall be subject to payment of double the amount of the fees/charges otherwise applicable to the required permit application(s).

3. If a proposed development requires receipt of multiple permits, the applicant shall pay 100% of all required application fees and/or deposits, as identified in this Schedule of Fees and Charges.

4. Application fees and charges collected pursuant to this schedule are non-refundable. However, at the discretion of the Director of Planning and Community Development, a portion of a submitted fee may be refunded if an application is withdrawn. The withdrawal of the application and the request for refund shall be made in writing. The Director of Planning and Community Development shall determine the amount of the refund based on the administrative costs expended on the project as of the date the application is withdrawn. Refunds will be paid to the party named on the application Fee/Charge payment receipt. No refunds will be issued for applications deemed inactive for more than 6 months.

5. The Director of Planning and Community Development may reduce all, or a portion of, planning fees for projects that include affordable housing units, as those units are defined in the Del Mar Housing Element.

6. When a request for a planning service is submitted that is not listed in the Schedule of Fees and Charges, the Director of Planning and Community Development shall determine which of the items that is listed on the Schedule would most closely match the expected staff workload required to review and administer the application/request. That fee or charge shall be applied to the unlisted request.

7. Where an application is re-submitted for a project that was previously approved but not implemented, the Director of Planning and Community Development shall have the discretion to reduce the amount of the required fees or deposit charges for the re-submitted permit applications by a factor of not more than 50%. Such reduction shall be granted only upon a determination by the Director that there have not been changed circumstances which would necessitate additional staff analysis to prepare staff reports and other related documents for processing the new application.

8. Any interest accrued from a deposit submitted in accordance with this Schedule of Fees and Charges shall be used to off-set the City’s administrative costs to maintain said deposits. Accrued interest shall not be reimbursed to the applicant.

9. As part of the application process, the applicant is required to indemnify and hold the City harmless for any costs on any challenge to the City’s action on the application/permit.

11. This fee schedule is not inclusive of fees imposed by other jurisdictions or agencies (State or Federal).

City Council History:

1. Resolution 2020-39 adopted July 6, 2021 (Comprehensive User Fee Schedule)

2. Resolution 2021-29 adopted June 21, 2021 (3% CPI Increase)

3. Resolution 2022-50 adopted June 20, 2022 (3% CPI Increase) 12 October 17, 2022 Item 15
Adopted June 20, 2022 by
City Council Resolution 2022-50
Effective July 1, 2022
Amended October 17, 2022 by
City Council Resolution 2022-xx

CITY OF DEL MAR SCHEDULE OF FEES AND CHARGES FOR
ENGINEERING REVIEWS (FISCAL YEAR 2023)

LIST OF DEVELOPMENT APPLICATION FEES AND CHARGES
Application Type Fee

ENGINEERING REVIEW FEES FOR PROJECT APPLICATIONS
Design Review Board $1,220 (one review cycle)
Administrative Design Review (major) $915 $942 (one review cycle) Administrative Design Review (minor) $605 (one review cycle) Conditional Use Permit $971 (one review cycle)
Flood Plain Permit $970 (one review cycle)
Preliminary SWMP Review $578 (one review cycle)
Preliminary Stormwater Checklist Review $345 (one review cycle) TPM $3,024 (3 review cycles)
TM $6,365 + $138 each additional lot over 5
(3 review cycles)
ADU Review and Inspection $690
Additional ADU Review $477
Maximum review cycles for lump sum fees are shown in parenthesis.

Additional review will be deposit based.

ENGINEERING REVEW FEES FOR FINAL APPLICATIONS (three review cycles) Mapping Fee
Parcel Map $4,031
Final Map $7,793 + $5.00/Acre
Easement Document $785
Easement Vacation $1,602
Lot Line Adjustment $1,448
Certificate of Compliance $1,257
Certificate of Correction $981
Grading Plan Review Fee
Grading/Drainage As-Built Inspection $334
13 October 17, 2022 Item 15

Earthwork Estimate Fee
200 cy or less $1,814
201-2,000 cy $1,740 for the first 200 cy +
$127 for each add’l 100 cy or fraction thereof
2,001-10,000 cy $3,962 for the first 2,000 cy +
$63 each add’l 1,000 cy or fraction thereof
10,001 or greater cy $4,488 for the first 10,000 cy +
$29 for each add’l 1,000 cy or fraction thereof
*Additional fees will be required for any private storm drain, erosion control, or other on-lot improvements. The additional fees will be based on the estimated value of the improvements and the improvement fee schedule below.

Improvement Plan Review Fee
$0.00 – 20,000 $1,517 + 5% of value of improvements
$20,001 – 50,000 $1,936 + 4% of value of improvements
$50,001 – 100,000 $2,498 + 3% of value of improvements, $4,596 minimum
$100,001 – 250,000 $2,806 + 2.5% of value of improvements, $6,566 minimum
$250,001 – 500,000 $8,482 + 2% of value of improvements, $15,640 minimum
$500,001 – 1,000,000 $14,991 + 1.5% of value of improvements, $27,018 minimum
$1,000,001 and over $15,887 plus 0.75% of value of improvements, $32,579 minimum

SWPPP Review Fee
Single-Family Detached $265 + $286 each add’l lot/unit
Multi-Family Attached $265 + $286 each add’l lot/unit
Commercial / Industrial $371 + $286 each add’l lot/unit

SWMP Review Fee
Final SWMP $923
Final Stormwater Checklist $461

Drainage Plan: Fee
Amount of Affected Area
2,500 sf or less $1,571
2,501-5,000 sf $2,355
5,001-10,000 sf $2,716
Greater than 10,001 sf $2,716 + 0.05 for each add’l SF over 10,000 SF Construction Change Drainage/Grading Plans $530

14 October 17, 2022 Item 15

Inspection Fee
$0.00 – 20,000 5.5% of improvements
$20,001 – 50,000 $1,729 + 4% of value of improvements over $20,000 $50,001 – 100,000 $3,681 + 3% of value of improvements over $50,000 $100,001 – 250,000 $4,488 + 2% value of improvements over $100,000 $250,001 – 500,000 $7,713 + 1% of value of improvements over $250,000 $500,001 – 1,000,000 $10,821 + 0.5% of value of improvements over $500,000 $1,000,001 and over $13,542+0.25% of value of improvements over $1,000,000 Other Notes Applicable to this Schedule of Fees and Charges:

1. The figures listed for Flat Fees in this Schedule of Fees and Charges shall be updated annually at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index for all Urban Consumers (CPI-U) (San Diego-Carlsbad) all items category, using the period of change from April of the prior year to April of the current year, and adjustments shall be no less than zero-percent (0%), but not to exceed three-percent (3%).

2. Work started prior to authorization of proper required permits shall be subject to payment of double the amount of the fees/charges otherwise applicable to the required permit application(s).

3. If a proposed development requires receipt of multiple permits, the applicant shall pay 100% of all required application fees and/or deposits, as identified in this Schedule of Fees and Charges.

4. Application fees and charges collected pursuant to this schedule are non-refundable.

However, at the discretion of the Director of Planning and Community Development, a portion of a submitted fee may be refunded if an application is withdrawn. The withdrawal of the application and the request for refund shall be made in writing. The Director of Planning and Community Development shall determine the amount of the refund based on the administrative costs expended on the project as of the date the application is withdrawn

5. When a request for engineering review is submitted that is not listed in the Schedule of Fees and Charges, the Director of Planning and Community Development shall determine which of the items that is listed on the Schedule would most closely match the expected staff workload required to review and administer the application/request. That fee or charge shall be applied to the unlisted request.

6. Where an application is re-submitted for a project that was previously approved but not implemented, the Director of Planning and Community Development shall have the discretion to reduce the amount of the required fees or deposit charges for the resubmitted permit applications by a factor of not more than 50%. Such reduction shall be granted only upon a determination by the Director that there have not been changed circumstances which would necessitate additional staff analysis to prepare staff reports and other related documents for processing the new application.

8. Any interest accrued from a deposit submitted in accordance with this Schedule of Fees and Charges shall be used to off-set the City’s administrative costs to maintain said deposits. Accrued interest shall not be reimbursed to the applicant. 15 October 17, 2022 Item 15
Adopted June 20, 2022 by
City Council Resolution 2022-50
Effective July 1, 2022
Amended October 17, 2022 by
City Council Resolution 2022-xx

CITY OF DEL MAR

PLANNING FEE SCHEDULE

PLANNING AND LAND USE APPLICATIONS
The fees listed below are charged as a flat fee rate (versus being charged as a deposit against a time-and-materials cost-recovery basis).

Application Type Fee

ACCESSORY DWELLING UNIT (ADU)
Accessory Dwelling Unit $ 1,098
ADMINISTRATIVE DESIGN REVIEW PERMIT (ADR) / DESIGN REVIEW BOARD PERMITS (DRB)* Non-contested ADR Projects
Administrative Design Review – Minor $ 680
Administrative Design Review – Major $ 1,175
Contested ADR Projects - Where an ADR application is formally contested pursuant to DMMC §23.08.035(D), additional fees shall be charged to cover the anticipated average administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing as follows:

Administrative Design Review – Minor (additional fee) $ 1,997 Administrative Design Review – Major (additional fee) $ 3,234 Design Review – Miscellaneous $ 2,763
Design Review <500 square feet $ 3,343
Design Review >500 square feet $ 5,664
Design Review Board - Residential: 1 - 2 New Dwelling Units $ 8,418 Design Review Board - Residential: 3 or more New Dwelling Units $ 11,049 Design Review Board - Commercial: Remodel <1,000 sf $ 5,169 Design Review Board - Commercial: Remodel >1,000 sf $ 8,728 Design Review Board - Commercial: New Construction $ 11,049 Design Review Board - Modification $ 2,384
Citizens’ Participation Program $ 4,395
(this fee does not include public noticing)
*This application fee covers the administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing. Where an application necessitates review at more than one DRB hearing, additional fees shall be charged as follows:
 Preparation for and attendance at a second DRB hearing  Preparation for and attendance at a third or subsequent DRB hearing(s) (per hearing)
$ 1,765
$ 1,146
APPEALS – FILED WITH THE CITY CLERK
Appeal of decision by Planning Director or lower decision-making body to City Council - request for Initial Consideration and de novo hearing by City Council
$ 1,547
($250 is refunded if an appeal
is not set for a de novo
hearing)

CONDITIONAL USE PERMITS (CUP) / VARIANCES (V)
CUP $ 2,522
CUP modification of use (no new structures or additional floor area) $ 2,522 Variance $ 3,218

COASTAL DEVELOPMENT PERMITS (CDP)
Coastal Development Permit – With hearing by a discretionary body $ 3,095 Coastal Development Permit – Review and/or hearing at staff level $ 310

DETERMINATION OF SUBSTANTIAL CONFORMANCE (DSC)
Determination of Substantial Conformance $ 348
16 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022

DOCUMENTATION REPRODUCTION FEE
Document Reproduction Fee (applies to application material) .25¢/pg up to 11x17; $2/pg plan sheet

ENCROACHMENT PERMITS (EP)
Encroachment Permit – Short term $ 463
Encroachment Permit – Long-term/Minor $ 619
Encroachment Permit – Long-term/Major (with City Council review) $ 1,823

FLOODPLAIN DEVELOPMENT PERMITS (FDP)
Floodplain Development Permit $ 3,095
Floodplain Development Permit – With request for hardship relief from regulations $ 3,300

HORIZONTAL ZONING REQUEST (HZ)
Request to City Council for relief from Horizontal Zoning regulations $ 2,166

LAND CONSERVATION PERMITS (LC)
Land Conservation Permit $ 3,095
Administrative Land Conservation Permit $ 1,006

MISCELLANEOUS
Bingo Permit $ 77
Demolition Permit $ 373
Address Change $ 232

NEWS RACK PERMIT (NRP)
News Rack Permit $ 158
(Each location requires a separate permit)

PARKING PERMITS (P)
Off-site Parking Permit $ 1,547
Shared Parking Permit $ 2,785

PLANNING FINAL CONSISTENCY REVIEW / INSPECTIONS
Plan Check & Inspection – Residential: 1-2 New Dwelling Units $ 2,625 $2,704 Plan Check & Inspection – Residential: 3 or more New Dwelling Units $ 6,563 $6,760 Plan Check & Inspection – Residential: Remodel <500 sf $ 875 $901 Plan Check & Inspection – Residential: Remodel >500 sf $ 1,313 $1,352 Plan Check & Inspection – Add <100 sf $ 1,083
Plan Check & Inspection – Add >100 sf $ 1,238
Plan Check & Inspection – Non-residential <5,000 sf $ 4,641 Plan Check & Inspection – Non-residential >5,000 sf $ 6,963 Plan Check & Inspection – Miscellaneous $ 619

PLAZA REVIEW
Plaza Tenant Improvement Review (PTI) $ 386
Plaza Sign Review $ 232

PUBLIC NOTICE
Public Notice $149 service fee / 0.53¢ parcel

REDEVELOPMENT PERMIT (R)
Redevelopment Permit $ 5,416

RESEARCH
Staff will provide the first half-hour worth of research without charge.

Thereafter, the research charge will be applied. $137 per hour SIDEWALK CAFÉ PERMIT (SCP)
Sidewalk Café Permit $ 3,465

SITE SPECIFIC PARKING PLAN
Site Specific Parking Plan $ 2,893

SHORELINE PROTECTION PERMITS
Shoreline Protection Permit (SPP) $ 4,069
Setback Seawall Permit (SSP) $ 6,545
Emergency Beach Barrier (IB) $ 2,846

17 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
Application Type Initial Deposit Required

COMMUNITY (GENERAL PLAN) PLAN AMENDMENT, ZONING AMENDMENT,

SPECIFIC PLAN OR SPECIFIC PLAN AMENDMENT
General Plan Amendment – Text Change $ 10,609
General Plan Amendment – Map Change $ 10,609
Local Coastal Plan Amendment $ 10,609
Zoning Code Amendment – Change of Text $ 10,609
Rezone – Change of designation on Zoning Map $ 10,609
Specific Plan $ 26,523
Specific Plan Amendment $ 5,305
Development Agreement $ 10,609
Development Agreement Amendment $ 5,305

ENVIRONMENTAL REVIEW
Environmental Assessment / Initial Study $ 1,061
EIR $ 6,365
EIR Addendum / Supplemental $ 2,652
Environmental Monitoring $ 2,652
All of the application types listed above are processed by the City on a time-and-materials basis. At the time of submittal, an initial deposit is required in the amount listed.

During the course of review, City staff will track the time-and-materials expenses incurred against the submitted deposit. When the amount incurred reaches 80% of the submitted deposit amount, an additional deposit shall be required. Failure to submit any additional required deposit amounts will result in a cessation of staff work on the application.

SIGN PERMITS
Administrative Sign Review Permit (ASR) $ 241
DRB Sign Permit (DRB-S) $ 2,321

STREET VACATION (SV)
Street Vacation $ 7,101

SUBDIVISIONS
Boundary Adjustment (BA) with Certificate of Compliance $ 3,450 Certificate of Compliance (COC) Only $ 1,248
Tentative Parcel Map (TPM) – Four (4) or fewer new lots $ 8,970 Tentative Parcel Map (TPM) – Condo Conversion $ 3,277
Revised Parcel Map $ 6,372
Final Parcel Map $ 3,398
Tentative Tract Map (TTM) – Five (5) or more new lots $ 9,892 Tentative Tract Map (TTM) – Condo Conversion of 5 or more units $ 4,173 Final Tract Map $ 4,173

TEMPORARY USE PERMIT (TUP)
Minor Temporary Use Permit $ 619
Major Temporary Use Permit $ 3,095

TREES, SCENIC VIEW, SUNLIGHT (TSVS) APPLICATION
Trees, Scenic View and Sunlight Determination $ 3,095
Trees, Scenic View and Sunlight Remediation $ 3,095
Trees, Scenic View and Sunlight Inspection $ 619

TREE PERMITS
Tree Removal Permit (TRP) $ 535
Notice of Intent (NOI) to remove a protected tree $ 303 WATER EFFICIENT LANDSCAPE – WELO
Water Efficient Landscape (WELO) $ 760

ZONING CODE DETERMINATION / INTERPRETATION
Determination of Allowable Use (D) $ 2,669
Interpretation of Zoning Code (I) $ 2,669
18 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
Additional charges, taxes and fees are noted below, including:
- Community (General) Plan/Zoning Code Update Charge (10% charge) - Construction License Tax
- Regional Transportation Congestion Improvement Program - In-Lieu Housing Mitigation Fee
- Housing Reduction Mitigation Fee
- In-Lieu Parking Fee
COMMUNITY (GENERAL) PLAN/ZONING CODE UPDATE CHARGE (10% CHARGE) This charge was established by the City Council to create a reserve of funds to support the periodic updates to the City’s Community Plan mandated by state law. The charge is also intended to support associated updates to the City’s Zoning Code. The charges that are collected are placed in a reserve account dedicated to funding Community Plan and Zoning Code Updates.

The amount of the Community Plan/Zoning Code Update Charge is determined as follows:
 The payment of the Community Plan/Zoning Code Update Charge applies only to applications that involve review by one of the City’s discretionary review bodies (City Council, Planning Commission, and Design Review Board).
 For applications that require payment of a flat fee, the Community Plan/Zoning Code Update Charge shall be 10% of the amount of the flat fee for the application, as listed in this Schedule.  For applications that require submittal of a time and materials deposit, the Community Plan/Zoning Code Update Charge shall be a figure of either: 10% of the required Initial Deposit, as listed in this schedule, or $1,000, whichever is less.
 Where multiple applications are submitted concurrently for a project, only one Community Plan/Zoning Code Update Charge shall be required, based on 10% of the amount of the highest of the fees or deposits required for the submitted applications.

The charges listed below are not required at the time of application submittal but, as applicable under the Del Mar Municipal Code, may be required as a condition(s) of approval of an approved permit:

Construction License Tax: 0.35¢ per square foot
(applies to all new floor area and/or replacement floor area Regional Transportation Congestion
Improvement Program (RTCIP):
$2,688.21 per new (versus replacement) residential unit (applies to a net increase of residential units on a parcel, e.g., new residence on a vacant parcel; new additional residential units on an existing developed parcel, etc.)
Housing Reduction Mitigation Fee: $25,036 per unit
(as required pursuant to the City’s Affordable Housing
Programs)
In-Lieu Housing Mitigation Fees: Subdivisions:
$25,788 per lot created (per DMMC 24.21)
New Condominium Construction or Conversion:
$33 per square foot of habitable area (per DMMC 24.21)
In-Lieu Parking Fee $35,715 per stall (one-time fee); or $1,261 per stall (recurring annual fee for participation in the program) (fee is not available for residential or hotel/motel 19 October 17, 2022 Item 15

City of Del Mar Planning Fee Schedule
Effective 7/1/2022
uses; the in-lieu program has a cap of 50 spaces)
Other Notes applicable to the Planning Fee Schedule:

1. The figures listed for Flat Fees in this Schedule of Fees and Charges shall be adjusted on July 1 of each year in accordance with the Consumer Price Index - U.S. City Average, as published by the Bureau of Labor Statistics.

2. Work started prior to authorization of proper required permits shall be subject to payment of double the amount of the fees/charges otherwise applicable to the required permit application(s).

3. If a proposed development requires receipt of multiple permits, the applicant shall pay 100% of all required application fees and/or deposits, as identified in this Schedule of Fees and Charges.

4. Application fees and charges collected pursuant to this schedule are non-refundable. However, at the discretion of the Director of Planning and Community Development, a portion of a submitted fee may be refunded if an application is withdrawn. The withdrawal of the application and the request for refund shall be made in writing. The Director of Planning and Community Development shall determine the amount of the refund based on the administrative costs expended on the project as of the date the application is withdrawn. Refunds will be paid to the party named on the application Fee/Charge payment receipt. No refunds will be issued for applications deemed inactive for more than 6 months.

5. The Director of Planning and Community Development may reduce all, or a portion of, planning fees for projects that include affordable housing units, as those units are defined in the Del Mar Housing Element.

6. When a request for a planning service is submitted that is not listed in the Schedule of Fees and Charges, the Director of Planning and Community Development shall determine which of the items that is listed on the Schedule would most closely match the expected staff workload required to review and administer the application/request. That fee or charge shall be applied to the unlisted request.

7. Where an application is re-submitted for a project that was previously approved but not implemented, the Director of Planning and Community Development shall have the discretion to reduce the amount of the required fees or deposit charges for the re-submitted permit applications by a factor of not more than 50%. Such reduction shall be granted only upon a determination by the Director that there have not been changed circumstances which would necessitate additional staff analysis to prepare staff reports and other related documents for processing the new application.

8. Any interest accrued from a deposit submitted in accordance with this Schedule of Fees and Charges shall be used to off-set the City’s administrative costs to maintain said deposits. Accrued interest shall not be reimbursed to the applicant.

9. As part of the application process, the applicant is required to indemnify and hold the City harmless for any costs on any challenge to the City’s action on the application/permit.

11. This fee schedule is not inclusive of fees imposed by other jurisdictions or agencies (State or Federal).

City Council History:

1. Resolution 2020-39 adopted July 6, 2021 (Comprehensive User Fee Schedule)

2. Resolution 2021-29 adopted June 21, 2021 (3% CPI Increase)

3. Resolution 2022-50 adopted June 20, 2022 (3% CPI Increase) 20 October 17, 2022 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: City Council Members
FROM: Mayor Dwight Worden and Councilmember Dave Druker, Liaisons to the Sustainability Advisory Committee
Prepared by Clem Brown, Interim Assistant City Manager
Via Ashley Jones, City Manager
DATE: October 17, 2022
SUBJECT: Consideration of Adding a Building Electrification Ordinance to Staff’s Fiscal Year 2022-2023 Work Plan
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Sustainability Advisory Committee recommend the City Council consider whether to add the processing of a building electrification ordinance for the City of Del Mar to staff’s Fiscal Year (FY) 2022-2023 work plan.

BACKGROUND:

In January 2020, the City’s Sustainability Advisory Board, now the Sustainability Advisory Committee (SAC), unanimously approved a recommendation to the City Council to electrify all new construction, both residential and non-residential. On November 1, 2021, Deputy Mayor Worden and Councilmember Martinez led a Council discussion on potential actions that could be taken by the City of Del Mar to address the climate emergency per the City Council’s Climate Emergency Resolution 2020-33. One of the items discussed was preparing a building electrification (BE) ordinance. At the conclusion of the discussion, Council directed staff to return with a preliminary analysis of the level of effort, impacts to staff resources, and budget needed to implement the list of potential climate actions, including the development and implementation of a BE ordinance. On December 13, 2021, staff presented that information to the City Council after consulting with peers from other cities working on similar efforts. Staff noted that preparing a BE ordinance would be a significant work plan item that would require dedicated staff time, review by the City Attorney, and potentially specialized consulting services (Attachment A).

In January 2022, SAC unanimously re-affirmed its support for building electrification as their top priority for consideration by the City Council and included the development of a draft ordinance on its annual work plan to prepare the concepts and potential content should the City Council add it to staff’s work plan at the March 2022 Goals and Priorities 1 October 17, 2022 Item 17
City Council Agenda Report
Consideration of a Building Electrification Ordinance
October 17, 2022

workshop. At the March workshop, the City Council again discussed the concept of a BE ordinance for Del Mar but did not approve including it on SAC’s 2022 work plan (Attachment B). However, under City Council Policy 204 – Advisory Committee Work Plans, SAC was allowed to continue its work on a BE ordinance if it did not include any City resources or staff time.

On April 18, 2022, SAC’s Electrification Subcommittee, Ann Feeney and Nilmini SilvaSend, gave a presentation to the City Council on building electrification and a proposal for what an ordinance could look like for the City of Del Mar (Attachment C). That proposal included the requirement that all new construction and major remodels be all-electric with no gas infrastructure installed and was based on the ordinance recently passed by the City of Encinitas. Their presentation also noted that the City of Solana Beach also recently passed a BE ordinance; however, their requirements differ slightly from the City of Encinitas. At the conclusion of the discussion, the City Council expressed tentative support for pursuing a BE ordinance for the City of Del Mar. However, the Council asked that SAC address several questions and return to the Council with more information and a refined proposal as the next step in the consideration process.

DISCUSSION/ANALYSIS:

Building electrification is the process of requiring buildings to be all electric and has been adopted by over 60 cities in the State of California. SAC proposes that Del Mar adopt a BE ordinance for the following reasons:
 Del Mar adopted a Climate Emergency Resolution in 2020;  Buildings are the second highest source of greenhouse gas (GHG) emissions in the City of Del Mar (primarily from the burning of natural gas to provide energy for space and water heating);
 Avoids cost associated with installing new natural gas infrastructure, and since all new construction, both residential and non-residential, must be equipped with rooftop solar under current State code, combined with electric appliances higher efficiency, it leads to lower operating costs;
 Improves public safety by prohibiting the installation of new gas infrastructure;  Provides public health benefits and improved indoor air quality through the elimination of natural gas combustion; and
 Helps achieves the City’s Climate Action Plan (CAP) goals.

The Electrification Subcommittee has developed a building electrification proposal for the City of Del Mar for consideration by the City Council that has been approved by the SAC (Attachment D). The proposal is based on the ordinance adopted by the City of Encinitas and would apply to all new construction (residential and non-residential), including detached accessory dwelling units (ADUs). The proposal further defines when major remodels or additions constitute new construction and would trigger electrification requirements based on definitions developed by the City of Encinitas (Attachment E). The BE proposal would also require small additions and attached ADUs to have any new appliances or equipment be all electric, with no extension of current gas infrastructure.

However, any unchanged appliances in the building can be kept without replacement.

Finally, the proposal does not include an exemption for gas stoves due to the health impacts of burning natural gas indoors and to avoid the installation of new gas infrastructure.
2 October 17, 2022 Item 17
City Council Agenda Report
Consideration of a Building Electrification Ordinance
October 17, 2022

Options for Council Consideration
If the City Council would like to pursue a BE ordinance, there are several policy decisions SAC and staff would need direction on to develop and implement the new requirements.

First, should the requirements apply to new construction only or new construction and major remodels? SAC’s proposal recommends it apply to both new construction and major remodels to maximize the potential benefits discussed above (e.g., GHG reductions, health benefits) and because new construction is limited in Del Mar. For space and water heating, electric heat pumps are considered more efficient than traditional fossil fuel powered heaters. Because the electricity provided through the Clean Energy Alliance, which procures energy on behalf of the City, comes from 75% carbon-free sources, the electrification of new buildings will significantly reduce future GHG emissions. Second, should the ordinance include any exemptions, such as gas cooking stoves? The justification for not allowing an exemption for new gas cooking stoves is that electric induction cooking eliminates the adverse health impacts of burning natural gas indoors and eliminates the need for installation of gas infrastructure only to supply a stove. An option for Council to consider would be to allow a waiver for restaurants to install new gas stoves if their cuisine does not have a suitable electric cooking alternative.

Community Outreach
To educate the Del Mar community about building electrification and its benefits, SAC conducted the following outreach activities:
 Held a virtual community workshop on September 12, 2022, that discussed building electrification and the benefits of converting to electric appliances (the recorded event is available on the City’s website and was shown several times on Del Mar TV);
 Contacted real estate interests, architects, and other professionals in Del Mar for feedback on the draft BE ordinance proposal;
 Discussed the proposal with San Diego Gas & Electric (SDG&E);  Published information and articles about building electrification in the Del Mar Weekly and Del Mar Sandpiper community newsletter; and
 Discussed the topic at several meetings of the SAC going back to 2019.

In addition to these community outreach efforts, the Electrification Subcommittee consulted with the San Diego Building Electrification Coalition, the Environmental Commissions from the cities of Solana Beach and Encinitas, staff from the cities of Solana Beach and Encinitas, and pro bono technical experts from the California State Codes and Standards Office and SDG&E for advice in drafting the proposal for building electrification in Del Mar.

Process, Staff Impacts and Timing
Implementing a BE ordinance is not on staff’s current work plan. If the City Council would like to add this project to staff’s work plan, direction is needed on whether to develop the ordinance as proposed by SAC or if policy modifications are required (as discussed above). With that direction, staff would work with SAC and pro bono technical experts from the California State Codes and Standards Office and SDG&E to analyze the potential impacts to Del Mar and prepare a draft ordinance. Staff would then return to City Council with a full analysis of the potential impacts and a recommended draft ordinance 3 October 17, 2022 Item 17
City Council Agenda Report
Consideration of a Building Electrification Ordinance
October 17, 2022

for Council’s consideration. The draft would include review by staff from the City Manager’s Office and the Planning and Community Development Department. Final review would be completed by the City Attorney. Finally, adoption of the ordinance would require the item be heard at two City Council meetings and would go into effect no sooner than 30 days after the second reading.

As discussed above and in more detail in Attachment A, implementation of a BE ordinance is a significant work item. Given staff’s robust work plan for the remainder of the fiscal year, staff recommends that any work on a BE ordinance be scheduled for early 2023. Staff anticipates the project would take four to six months to complete, including adoption. Staff also needs Council direction on how much additional community outreach is needed to support the project, which could include input from local contractors, architects, and the development community. Extensive outreach will extend the anticipated project timeline.

FISCAL IMPACT:

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

ENVIRONMENTAL REVIEW:

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

NEXUS TO CITY COUNCIL PRIORITY PROJECTS:

This item is not an established City Council Goal or Priority for FY 2022-2023.

ATTACHMENTS:

Attachment A – Staff Feedback on Potential Del Mar Climate Actions Attachment B – SAC’s 2022 Approved Work Plan
Attachment C – SAC’s April 2022 Electrification Presentation Attachment D – City of Del Mar Building Electrification Proposal Attachment E – Definition of New Construction from City of Encinitas 4 October 17, 2022 Item 17
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Environmental Sustainability/Special Projects Manager Ashley Jones, Interim City Manager
DATE: December 13, 2021
SUBJECT: Staff Recommendations Regarding Potential Del Mar Climate Actions REQUESTED ACTION/RECOMMENDATION:

Staff requests the City Council receive and consider staff’s recommendations on potential climate actions that could be taken by the City to address the climate emergency as proposed by Deputy Mayor Worden and Councilmember Martinez, and provide direction to staff as may be needed.

DISCUSSION/ANALYSIS:

On November 1, 2021, Deputy Mayor Worden and Councilmember Martinez led a Council discussion on potential actions that could be taken by the City of Del Mar to address the climate emergency. To facilitate the discussion, Deputy Mayor Worden and Councilmember Martinez prepared a list of potential actions for the Council’s consideration (Attachment A). As part of the discussion, the Interim City Manager committed to working with staff to evaluate each proposed action for its potential impacts to the City’s budget and staff resources, and to report back with recommendations.

Staff has evaluated the list of potential climate actions and consulted with peers from other cities that are working on similar efforts to gain an understanding as to the level of effort, impacts to staff resources, and budget needed to implement some of the proposed actions. Staff offers the following feedback for the Council’s consideration.

1. Restart the Sustainability Advisory Board (SAB). Based on actions taken by the City Council at a special meeting on December 7, 2021, including changing the name of the Sustainability Advisory Board (SAB) to the Sustainability Advisory Committee (SAC), the SAC will begin meeting on a quarterly basis starting in January 2022 along with rest of the City’s committees.

2. Consider a Del Mar Building Electrification Ordinance, following the Encinitas model. Preparing a building electrification (BE) ordinance for the City of Del Mar is a significant work plan item that will require dedicated staff time and Attachment A 5 October 17, 2022 Item 17
City Council Agenda Report
Staff Feedback Regarding Proposed Climate Actions
December 13, 2021

project budget for specialized consulting services. Staff consulted with the City of Encinitas to better understand the BE ordinance process, its impact to staff, and the associated consulting costs. Staff from the City of Encinitas estimated that it took one half of a dedicated employee (0.5 full time equivalent employee) six months to complete the technical work and to educate the public and solicit community and stakeholder feedback on the proposed ordinance. Once the ordinance was drafted and the majority of the public outreach was completed, it took 10-25% of a full-time equivalent employee to shepherd the ordinance through the approval process. In total, the project took two full active years to complete, with a one-year delay due to the COVID-19 pandemic. Encinitas’ budget for technical consulting services was approximately $100,000.

It should be noted that Encinitas’ “Green Building” ordinances also include provisions for residential and non-residential energy efficiency upgrades and nonresidential solar photovoltaic (PV) upgrades, in addition to mandating the electrification of all new buildings (with exemptions). Therefore, the staff time and project budget noted above includes more than just developing a standalone BE ordinance. Encinitas staff also reported that they were directed by their City Council to conduct a fairly extensive public outreach program to key stakeholders, which took a significant amount of staff resources and consultant budget to complete. Finally, their consultant had to prepare a cost effectiveness study to submit to the California Energy Commission along with the proposed ordinances for approval. If Del Mar were to peruse a BE ordinance, staff would have to complete its own cost effectiveness study and submit it to the CEC for approval; however, the City could save some time and budget by utilizing Encinitas’ as a template.

Given the significant potential impact of this work item, staff recommends that the City Council table consideration of this item and discuss it further during the City Council Goals and Priorities workshop in February 2022. Prior to the workshop, staff will collect additional information about what would be involved with the project to inform the Council’s discussion as to when it would feasible to add this as a future work plan item.

3. Ask SAC for recommendations on what state and federal legislation Del Mar should support to address the climate crisis, including but not limited to the Federal Climate Action Now Act, HR 9. Staff recommends this be included in SAC’s work plan for 2022.

4. Ask SAC to evaluate and make a recommendation regarding whether Del Mar should join the Institute for Local Government Beacon project that acknowledges and rewards cities for their climate efforts. Staff recommends that an evaluation of whether the City should join the Beacon Program be included in SAC’s work plan for 2022.

The Beacon Program is a program of the Institute for Local Government (ILG), the nonprofit training and education affiliate of the League of California Cities, California State Association of Counties and the California Special Districts Attachment A 6 October 17, 2022 Item 17
City Council Agenda Report
Staff Feedback Regarding Proposed Climate Actions
December 13, 2021

Association. The Beacon Program provides a framework for local agencies to implement and share best practices that create more vibrant and resilient communities. The program honors voluntary efforts by local governments to save energy, reduce greenhouse gas emissions and adopt policies and programs that promote sustainability.

In order to participate in the Beacon Program, the City must complete an application, adopt a resolution committing the agency to participate in the program, and designate a lead staff person as a point of contact.

5. Develop a community outreach program, using the Del Mar Weekly and other available strategies, to regularly update Del Mar residents on how they can help address the climate crisis. Staff supports this recommendation and welcomes the SAC’s assistance in developing an outreach program, as part of the Committee’s 2022 work plan, focused on actions the Del Mar community can take to help address the climate crisis. However, staff recommends that the outreach program be limited in scope to what is practical and feasible taking into consideration available staff support and capacity.

Items that could be accommodated and supported by staff include developing education and outreach materials for the “Go Green Del Mar” section of the City’s website; preparing periodic news articles for distribution on the City’s social media accounts and the Del Mar Weekly; and organizing a speaker series for City Council consideration, which could include quarterly talks provided remotely via Zoom (or in person in the future). These are just a few ideas that could be accomplished primarily by the SAC with limited support from City staff. Staff is willing and able to work with the SAC and its Council liaisons to come up with other appropriate outreach efforts that could be included in a SAC-led community outreach program.

6. Adopt a Resolution addressing Del Mar’s commitment to do its part to address the climate crisis and share it widely with our state, regional, local, and federal officials. In June 2020, the City Council adopted Climate Emergency Resolution 2020-33 declaring a climate emergency (Attachment B) and emphasizes more local action to address the climate crisis. If the City Council would like to adopt another resolution re-affirming the City’s commitment to do its part to address the climate crisis, this could easily be accommodated by staff.

7. With the guidance of SAC, update our Climate Action Plan, first adopted in 2015 and now 6 years old. Updating the City’s Climate Action Plan (CAP) is a significant work plan item that will require dedicated staff time and project budget for specialized consulting services. The consulting services will be needed to update the City’s greenhouse gas (GHG) emissions inventory so that the new reduction measures recommended by the SAC are calibrated to achieve the CAP’s GHG reduction targets.

Staff consulted with the City of Encinitas, which last updated its CAP in 2018, to better understand the update process, its impact to staff, and the associated consulting costs. Staff from the City of Encinitas estimated that it took one half of Attachment A 7 October 17, 2022 Item 17
City Council Agenda Report
Staff Feedback Regarding Proposed Climate Actions
December 13, 2021

a dedicated employee (0.5 full time equivalent employee) the majority of a year to manage the CAP update with a total budget of approximately $100,000. Given that the City of Del Mar is smaller, and with support from the SAC, staff acknowledges that it would take somewhat less staff time and a smaller budget to complete Del Mar’s CAP update; however, it would still represent a significant impact to the City’s financial resources and staff capacity.

For these reasons, staff recommends that the City Council table consideration of this item and discuss it further during its Goals and Priorities workshop in February 2022. Prior to the workshop, staff will collect additional information about what would be involved with the project to inform the Council’s discussion as to when it would feasible to add this as a future work plan item.

8. Formulate a policy and recommendations to the Clean Energy Alliance on how to expend its “profits” to help address the climate crisis, emphasizing local programs. The Clean Energy Alliance’s (CEA) Board of Directors established a Community Advisory Committee (CAC) to provide feedback on CEA programs and implementation. The CAC consists of two appointees from each member agency and one Board alternate (currently Deputy Mayor Worden) that act as liaisons between the Board and the communities they represent. The City of Del Mar is represented on the CAC by Alan Sweedler and Dr. Don Mosier, the City’s Volunteer Climate Action Plan Facilitator. Mr. Sweedler and Dr. Mosier are both members of the City’s SAC. The CAC meets regularly in Brown Act compliant public meetings to discuss items on their work plan and to receive feedback and input from community members in CEA’s service area (e.g., currently the cities of Del Mar, Solana Beach and Carlsbad). Given that Del Mar’s CAC representatives also serve on the City’s SAC, staff feels it would be appropriate and helpful for the SAC to provide recommendations on CEA programming to Mr. Sweedler and Dr.

Mosier to bring forward to the CAC. Furthermore, SAC members are welcome to attend the CAC’s public meetings as members of the public and provide feedback and comments on CEA’s programs and implementation directly to the CAC and its Board alternate, Deputy Mayor Worden.

FISCAL IMPACT:

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

ENVIRONMENTAL REVIEW:

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

ATTACHMENTS:

Attachment A – Proposed Climate Actions to Address the Climate Emergency Attachment B – Resolution 2020-33 Declaring a Climate Emergency Attachment A 8 October 17, 2022 Item 17
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Dwight Worden and Council Member Tracy Martinez DATE: November 1, 2021
SUBJECT: City Council Discussion Regarding Climate Action REQUESTED ACTION/RECOMMENDATION:

Deputy Mayor Worden and Councilmember Martinez request that the City Council discuss potential actions that could be taken by the City to address the increasing climate emergency and provide direction to staff as may be needed.

DISCUSSION/ANALYSIS:

With the recent release of the International Protocol on Climate Change (IPCC) Sixth Assessment Report by the United Nations (https://www.ipcc.ch/reports) and its dire “Red Flag for Humanity” warning, it is recommended that the City Council evaluate what the City can do to accelerate the City’s efforts to address the climate emergency. Items for discussion and potential consideration are as follows:

1. Restart the Sustainability Advisory Board (SAB).

2. Consider a Del Mar Building Electrification Ordinance, following the Encinitas model. Encinitas will consider adoption of the ordinance on October 27, 2021, after the distribution of this agenda report and may became the 50th California city to take such action. A copy of the Encinitas proposed ordinance is included as Attachment A. Solana Beach has also followed suit. Del Mar should not fall any further behind. Estimates are that about 25% of GHG emissions come from gas used in buildings.

3. Ask SAB for recommendations on what state and federal legislation Del Mar should support to address the climate crisis, including but not limited to the Federal Climate Action Now Act, HR 9.

4. Ask SAB to evaluate and make a recommendation regarding whether Del Mar should join the Institute for Local Government Beacon project that acknowledges and rewards cities for their climate efforts.

5. Develop a community outreach program, using the Del Mar Weekly and other available strategies, to regularly update Del Mar residents on how they can help address the climate crisis.

Attachment A 9 October 17, 2022 Item 17
City Council Agenda Report
Arts Advisory Committee Appointment
November 1, 2021

6. Adopt a Resolution addressing Del Mar’s commitment to do its part to address the climate crisis and share it widely with our state, regional, local, and federal officials.

7. With the guidance of SAB, update our Climate Action Plan, first adopted in 2015 and now 6 years old.

8. Formulate a policy and recommendations to the Clean Energy Alliance on how to expend its “profits” to help address the climate crisis, emphasizing local programs.

The experts tell us we are in the final decade where GHG reductions can be accomplished that will make a difference, and that we are already two years into that decade. The GHG emissions already released are baked into the system. We are expected to pass the critical 1.5 degrees C of temperature increase much sooner than predicted. That will bring increased wildfire risk, flooding, sea level rise, agricultural and weather pattern changes, economic damage, decline in real estate values, and more. Del Mar is small, but we can make a difference and can set an example to motivate not just locals, but the larger region. As Bill McKibben says, succeeding slowly at addressing climate change is the same as failing. Del Mar has a proud history of environmental and sustainability leadership, let’s step up our game again.

Included as Attachment B is an informative table showing a comparison of GHG emission reductions attainable by the cities of Encinitas, Solana Beach, Del Mar, and San Diego by 2030 through locally adopted policies.

ATTACHMENTS:

Attachment A – Encinitas Electrification Ordinance
Attachment B – GHG Emission Reductions 2030 Comparison Table Attachment A 10 October 17, 2022 Item 17
RESOLUTION NO. 2020-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, DECLARING A CLIMATE EMERGENCY

AND THE NEED FOR ACCELERATED ACTION TO ADDRESS

THE CLIMATE CRISIS
WHEREAS, climate change is an urgent unfolding crisis that presents a serious long-term threat to human existence; and
WHEREAS, the United Nations Intergovernmental Panel on Climate Change issued a special report on the impact of global warming and the need to reduce global greenhouse gas (GHG) emissions by approximately forty-five percent by 2030, achieve ‘net-zero’ emissions by 2050, and achieve and maintain net-negative emissions after that to hold atmospheric warming to 1.5 degrees Celsius and avoid the most catastrophic impacts of climate change; and
WHEREAS, in 2018, the United States’ Fourth National Climate Assessment made it clear that climate change will wreak havoc across the United States of America, and that the current pace and scale of climate action is not sufficient to avoid substantial damage to the economy, the environment, and to human health over the coming decades; and
WHEREAS, in recognition of the commitments necessary to address the scale and scope of the climate crisis, Governor Jerry Brown issued Executive Order B-55-18 ordering the State of California to achieve net-zero emissions as soon as possible, and no later than 2045, and achieve and maintain net-negative emissions thereafter; and WHEREAS, Del Mar, like the rest of California, already suffers from the impacts of climate change such as drought, extreme heat, wildfires, species stress, dying Torrey Pines, shrinking kelp forest and coastal erosion, sea level rise, and flooding, and these impacts will become more severe as global GHG emissions continue to increase; and WHEREAS, to stay within 1.5 degrees Celsius global atmospheric temperature increase deemed necessary to mitigate the worst effects of climate change, cities and nations throughout the world will need to significantly reduce their per capita emissions by 2030 or earlier; and
WHEREAS, cities have a particular role to play in dealing with climate change as a result of being both a significant cause of climate change and the most affected; and WHEREAS cities are centers of innovations and creativity and have the ability to plan and act locally, and also have a significant role to accelerate action in climate change solutions; and
Attachment A 11 October 17, 2022 Item 17
Resolution No. 2020-33

WHEREAS, cities’ efforts to control climate change will have many benefits, such as cleaner air and water, local employment, cost savings for households and businesses, and the creation of a stronger and more resilient community; and WHEREAS, the City of Del Mar took a decisive role in 2016 with the adoption of a Climate Action Plan, a roadmap to significantly reduce GHG emissions; and WHEREAS, the City’s Climate Action Plan (www.delmar.ca.us/699/ClimateAction-Plan) details how the City will meet its GHG reduction targets by using a number of goals, measures and strategies; and
WHEREAS, the City’s Climate Action Plan provides a starting point for Del Mar to become an engaged community that promotes environmental stewardship and economic vitality to create a sustainable and thriving future for all; and WHEREAS, the City of Del Mar has joined with Solana Beach and Carlsbad to form a Community Choice Energy program (the Clean Energy Alliance), with the goal of achieving 100 percent renewable electricity citywide by 2035; and WHEREAS, the City of Del Mar acknowledges that more work will be needed to achieve net-zero emissions and address the magnitude of the climate emergency.

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

1. A state of climate emergency is hereby declared and that the global climate crisis poses a serious, urgent, and existential threat to the well-being of Del Mar, its residents, economy, and environment; and

2. The City of Del Mar intends to swiftly transition to an ecologically, socially just, and economically sustainable economy and to reduce community-wide carbon emissions as much as possible; and

3. The City of Del Mar calls for regional emergency climate action mobilization, and that it will work quickly and collaboratively with surrounding cities and the region to take advantage of economy of scale and for united engagement against the common threat of our climate crisis; and

4. The City of Del Mar recognizes the necessity to achieve net-zero emissions as soon as possible; and

5. The City of Del Mar commits to recognize the emergency climate situation such that climate impacts are considered in decision making; and Attachment A 12 October 17, 2022 Item 17
Resolution No. 2020-33

6. The City of Del Mar commits to increased attention, as resources allow, on implementing the strategies in its Climate Action Plan, updating it with new strategies and goals when appropriate; and

7. The City of Del Mar commits to reducing dependency upon automobiles by promoting more telecommuting, and by working with regional, state, and federal organizations such as SANDAG, NCTD, MTS, Amtrak, CARB and bike and pedestrian groups to increase the viability of alternative transportation;

8. The City of Del Mar commits to work and partner with residents, businesses, and community groups to educate our community about the climate crisis, and to work to catalyze a just transition and a climate emergency mobilization effort at the local, state, national and global levels, to provide maximum protection to our residents; and

9. The City of Del Mar calls upon its community to accelerate the climate emergency mobilization effort and contribute to the reduction of the effects of global warming for future generations by restoring near pre-industrial greenhouse gas concentrations, by halting the development of new fossil fuel infrastructure, by rapidly phasing out fossil fuels and the technologies which rely upon them, by restoring ecosystems and habitats, by vastly reducing waste and simultaneously creating high-quality, well-paying jobs with comprehensive local benefits, and mitigating the potentially adverse impacts to those who will be most impacted by this transition, to result in an equitable, inclusive and resilient community for all.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 15th day of June, 2020. _____________________________
Ellie Haviland, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 13 October 17, 2022 Item 17
Resolution No. 2020-33

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2020-33, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of June, 2020, by the following vote:

AYES: Mayor Haviland, Deputy Mayor Gaasterland, Council Members Druker, Parks and Worden
NOES: None
ABSENT: None
ABSTAIN: None
Ashley Jones, Administrative Services
Director/City Clerk
City of Del Mar
Attachment A 14 October 17, 2022 Item 17
Sustainability Advisory Committee
2022 Approved Work Plan
Sustainability Advisory Committee (SAC) Chair, in coordination with staff and Council Liaisons, prepared a Proposed 2022 Work Plan which was presented to the committee at the January 24, 2022 SAC meeting and submitted to the City Council for consideration.

At their March 9, 2022, Goal Setting Workshop, the City Council discussed all advisory committee proposed work plan items in the context of the City’s overall priorities and citywide work plan. The City Council authorized committees to engage on proposed committee work plan items that have a direct nexus to City operational work plan items or approved special or Capital Improvement Program (CIP) projects.

SAC’s 2022 Approved Work Plan items are included below as Items #1-6:

Item #1: Assistance on the City’s new solid waste franchise agreement o Description: SAC will review and provide comment on the sustainability provisions of the city’s new franchise agreement; SAC will assist with community outreach to help the community adjust to the new agreement as requested by council.
o Subcommittee: none.
o Resources Requested: Resources allocated
o Additional Information: N/A
o Priority: Tier 1 City Council priority project
Item #2: General Outreach Related to City Climate Initiatives and Conservation o Description: Provide outreach for building electrification and organics recycling, in consultation with staff and our Council Liaisons; update the Go Green Website on the City’s website; update residents of any rebates for energy efficiency, electric appliances, etc.; develop a community outreach program, using the Del Mar Weekly and other available strategies, to regularly update Del Mar residents on how they can help address the climate crisis.
o Subcommittee: Outreach
o Resources Requested: Request to televise one or two televised meetings as part of community outreach and/or workshops on a schedule and topics as authorized by council (cost is approximately $500 per meeting); SAC anticipates that funds may be needed for community outreach.
o Additional Information: N/A
o Priority: Operational as long as additional City resources and staff support are not needed (such as televising meetings)
Item #3: Implementing the Climate Action Plan (CAP)
o Description: SAC will work to implement as many programs as possible that are identified in the City’s CAP, within SAC’s allocated time, staff, and budget resources with SAC focusing on “low hanging fruit.”
o Subcommittee: Climate Action Plan
Attachment B 15 October 17, 2022 Item 17
Sustainability Advisory Committee
2022 Approved Work Plan

o Resources Requested: SAC will work within the allocated time, staff, and budget resources.
o Additional Information:
o Priority: Operational as long as additional City resources and staff support are not needed
Item #4: Clean Energy Alliance (CEA) Monitoring
o Description: SAC will monitor activities of the CEA and report back to the City Council with recommendations and updates as needed
o Subcommittee: CEA Monitoring
o Resources Requested: None.
o Additional Information: SAC has a current member (Sweedler) who sits on the CEA Citizens Advisory Commission
o Priority: Operational
Item #5: Legislative Monitoring and Recommendations to Council o Description: Monitor state and federal legislations and make recommendations on what state and federal legislation Del Mar should support to address the climate crisis/ Evaluate and make a recommendation regarding whether Del Mar should join the Institute for Local Government Beacon project
o Subcommittee:
o Resources Requested:
o Additional Information:
o Priority: Operational
Item #6: Draft updated Resolution addressing Del Mar’s commitment to do its part to address the climate crisis
o Description: Draft updated Resolution addressing Del Mar’s commitment to do its part to address the climate crisis and share it widely with our state, regional, local, and federal officials.
o Subcommittee:
o Resources Requested: None.
o Additional Information: N/A
o Priority: Operational
The following items were included on the Sustainability Advisory Committee proposed Work Plan and were not approved by the City Council. The Committee may work on these items without use of City resources or staff time as described in City Council Policy 204- Advisory Committee Work Plans.

Updating of the City Climate Action Plan (CAP)
o The current 2016 CAP contains the follow broad categories: Energy and Buildings, Water and Waste, Transportation, Trees.
o Current state-of-the-art goals, strategies and measures should be identified and put into the update.
o Note that the portions of this task that require city staff time or budget allocations are subject to council’s prior approval
Attachment B 16 October 17, 2022 Item 17
Sustainability Advisory Committee
2022 Approved Work Plan

o Other portions of this task that can be undertaken by SAC within its allocated budget and staff resources (see below) will proceed forthwith o Comment: City Council will reconsidering add this item to a future budget cycle o The city will need to allocate funds to update the essential GHG data in the CAP (~$20-25K). This funding needs to be addressed and allocated by council as part of its budget and work program. SAC will assist in the implementation. Additional funds will be needed to complete the CAP update.

Tree Canopy
o SAC will review and make recommendations on tree canopy related issues including:
 Possible tree planting programs
• Including free programs offered by SDG&E or others
 Recommendations on locations for tree planting
 Recommendations on types of trees
 Update Tree Policy Manual
Building Electrification Ordinance (BE)
o SAC will review sample BE ordinances from other jurisdictions and will prepare a draft proposed ordinance for Del Mar
o Note that this draft ordinance will need to be reviewed by the city staff and attorney and be approved by Council, and that the resources and timing for these actions is dependent on Council’s approval and authorization to move forward with consideration of the ordinance.

Plastics Reduction
o SAC will review and make recommendations on city actions to further reduce the use, consumption, and disposal of plastics.

Attachment B 17 October 17, 2022 Item 17
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Ann Feeney and Nilmini Silvia-Send, Sustainability Advisory Committee (SAC) Electrification Subcommittee
Via Mayor Dwight Worden and Councilmember Dave Druker, SAC Liaisons DATE: April 18, 2022
SUBJECT: Building Electrification Presentation by the Sustainability Advisory Committee (SAC) and Proposal for Adoption of an All-Electric Reach Code Ordinance for New Construction and Major Remodels
In January 2020, the Sustainability Advisory Board (SAB), now the Sustainability Advisory Committee (SAC), voted unanimously to recommend that the City Council ban natural gas hookups in all new construction, both residential and non-residential. During the COVID-19 pandemic, SAC meetings were deferred due to constraints on City resources; therefore, work on this issue was postponed. However, at SAC’s January 2022 meeting the committee again voted unanimously to recommend that the City Council adopt an ordinance requiring that all new construction be all-electric. This is SAC’s top priority for the City Council’s consideration.

SAC is advocating for an electrification ordinance as a top City Council priority due to the climate emergency. The United Nations’ Intergovernmental Panel Climate Change (IPCC) report, and climate scientists around the world, are telling us that we must stop burning fossil fuels as soon as possible to slow down the increase in global warming to prevent climate disaster. We are already experiencing greatly increased wildfires, extreme weather conditions, droughts, and sea level rise, all exacerbated by the climate crisis. The City of Del Mar passed Resolution 2020-33 declaring a climate emergency and the need for accelerated action to address the climate crisis on June 15, 2020.

Another reason is the health risk of burning methane (aka “natural gas”) in our homes.

Burning methane, especially in gas stoves, has severe health consequences. The indoor air pollution (NOx, formaldehydes, small particulates) from cooking a meal on a gas stove that is not vented is often higher than would be allowed outdoors. Respiratory ailments such as asthma are high in the health risks, but many other health risks are present. Even when stoves are turned off, a recent study from Stanford showed that gas stoves leak methane. In addition, as mentioned below, it is more cost effective to make new construction all-electric, and there are State incentives for installing heat pump appliances.

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SAC Presentation – Proposed Electrification Ordinance
April 18, 2022

Building electrification involves using electric appliances instead of gas burning appliances. Heat pump water and space heaters utilize a well-established technology that is in wide use throughout the world. However, California has much lower adoption rates (~6%) of heat pump appliances than most other parts of the county. Heat pump space conditioners have the added advantage that they provide both heating and air conditioning with the same unit, which is important now that summer temperatures are rising. Induction cooktops are safer, do not produce indoor air pollutants, and are superior for cooking.

Why is SAC proposing an all-electric ordinance for new construction and major remodels? First of all, it is cost-effective. The cost of installing gas infrastructure is eliminated. In addition, especially when coupled with solar photovoltaic (PV) (which is mandated for all new homes), the monthly energy bills are significantly lower. Also, requiring heat pump water and space heating in new construction will provide contractors and installers familiarity with installing heat pump appliances, and thus they will be more likely to recommend a heat pump alternative to a gas appliance upon burn out of an old gas water heater.

Encinitas passed an all-electric ordinance last September, and we propose to use their ordinance as a model ordinance for Del Mar. SAC is ready to work with staff to prepare such a draft ordinance. Solana Beach passed an electric ordinance last December. Their ordinance also includes electric requirements for major alterations or additions (>50% remodel). San Diego Gas & Electric (SDG&E) provides free reach code assistance for cities adopting reach codes and the San Diego Building Electrification Coalition, as well as SAC, can provide free outreach and presentations for the public.

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Proposal for Building Electrification
for new construction in Del Mar
Ann Feeney and Nilmini Silva-Send
Sustainability Advisory Committee
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What is Building Electrification (BE)?
BE involves installing all-electric appliances and heating systems in buildings in the place of those that use natural gas 2 Attachment C 21 October 17, 2022 Item 17
A Reach Code (ordinance) allows a city to require AllElectric new building construction sooner than the California Energy Commision (CEC) will require it.
54 other cities and counties in California, including
Encinitas and Solana Beach, have passed electric
reach codes on new construction. (1)
(1) https://www.sierraclub.org/articles/2021/07/californias-cities-lead-way-gas-free-future SAC is requesting Del Mar adopt an
All-Electric Reach Code
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● Buildings are second only behind Transportation for GHG emissions in California
● Burning methane gas (aka “natural gas”) in buildings accounts for about 15% of California’s GHG emissions, and that does not take into account leakage from extraction sites and pipelines ● Methane is 84x more potent than CO2 as global warming agent over a 20-year period
● Methane is a “short lived” pollutant, so eliminating methane from our buildings has much quicker impact than reducing other GHG sources
Why? We are in a Climate Crisis
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Methane Gas - safety concerns
● Methane gas pipelines and gas storage facilities pose serious threats to our health and safety - ruptured gas lines, leaks ● Earthquakes: Methane gas is responsible for between 20% to 50% of post-earthquake fire ignitions. Electric homes builds resilience to earthquake hazards.

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Benefits of Building Electrification
● Climate Benefits
● Lower Cost
● Increased Energy Efficiency
● Health Benefits
● Public Safety
● Meet Climate Plan Goals
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8 What does building electrification look like?
Residential Gas Consumption by End Use in CA
Heating + AC
59%
29%
Regional Decarb Framework, 2021
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Many negative health impacts of home gas usage
Source:UCLA 2020 study: Effects of Residential Gas Appliances on Indoor and Outdoor Air Quality and Public Health in California Attachment C 28 October 17, 2022 Item 17
The smaller the space, the more concentrated
the air pollution and health hazards will be (equity issue) Buildings Produce Hazardous Indoor Air Quality
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Efficient, cost-effective replacement for gas stoves:

Magnetic Induction cooktops
● More advanced than old electric ranges
● Heats cookware directly; more efficient
● Even more instant heat control (up and
down) than gas cooktop
● Safer - burner is off when pan removed
● Easier to clean up
● Keeps kitchens cooler
● Avoids all of the indoor air pollution emitted
from gas stoves
Try it out for free: portable Induction cooktop loaner program https://www.ehomecooktops.com
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Lower Cost and Increased Energy Efficiency
(1) https://www.ethree.com/wp-content/uploads/2019/04/E3_Residential_Building_Electrification_in_California_2019.pdf All-electric buildings generally cost less to build and are more affordable to operate.
◆ Gas hookups add anywhere from $3,000 up to $10,000 per unit to the cost of new construction.(1)
◆ All-electric homes save from $130 to $540 per year compared to gas.(1) (Recent SDG&E gas rates have increased over 40%, not included in these numbers.)
◆ Pairing an all-electric home with solar provides deeper savings.

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1. Much cheaper to build ADU with no gas infrastructure installation costs

1. Health issues - by definition, ADUs have small living space ○ So air pollution is more concentrated in smaller living space

1. Equity concerns
○ Monthly costs will be cheaper with high efficiency appliances paired with rooftop solar (required)
○ As homes state-wide become more electrified, homes which still have gas will be stuck with much higher gas bills
Why should ADUs and multi-family and affordable
apartment buildings be all-electric?
Del Mar received 35 applications for ADU in 2021;
22 ADU building permits issued in 2021
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Encinitas Building Electrification Ordinance
Approved by City Council in September 2021
First comprehensive all-electric ordinance for new construction in San Diego county and 50th in CA
- All-electric, no gas infrastructure
- All building types - commercial, residential (single, multi-family, ADUs) - Must have EV-ready circuits installed (residential); EV chargers installed for multifamily, hotels, non-residential
Minimal proposed exceptions:
- Restaurants whose cuisine requires gas flame cooking
- Emergency buildings
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Solana Beach Building Electrification Ordinance
Approved by City Council in December 2021 52nd in CA
New Construction requires electrification:
- Space heating, water heating (including pools and spas), clothes drying;
gas stoves/other appliances ok with e-wiring/panel
- All building types - commercial, residential (single, multi-family, ADUs) - EV chargers/infrastructure; wire for future battery storage Major Renovation alterations/additions included - thresholds are:
- Residential: >50% of structural components, or addition >700 sq’ - Non-Residential: >50% of structural components, addition >50% $400K permit valuation
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Why is BE in new construction important?
○ New construction is clearly cost effective, especially given state mandated solar PV coupling
○ Not taking away anyone’s current gas stove or water heater ○ Build familiarity with high efficiency heat pumps, including local expertise for contractors and installers
○ Stop advancement of new gas infrastructure, which will become a stranded asset in the future
○ Retrofitting existing buildings will be more costly and more disruptive, so we need a solid plan and the funds to do it equitably, most likely from the state or federal government.

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We are in a Code-Red Climate Emergency (IPCC report). We must stop burning fossil fuels, NOW. Adding any new gas infrastructure is counterproductive Del Mar passed a Climate Emergency Declaration in 2020
Any new gas in buildings will lead to future stranded gas infrastructure which is a waste of money, source of potential leaks, and will probably leave remaining gas customers footing the bill
Del Mar is a member of CEA, which provides residents with 75-100% carbonfree energy so going all-electric is the best way to build a sustainable environment for future generations.

Final thoughts
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SAC Proposal for a City of Del Mar Building Electrification Ordinance SAC proposes that City staff be directed to assist in the development of a building electrification ordinance to accelerate the shift to a lower carbon economy.

We propose that Del Mar adopt a Municipal Code change for building electrification which will not require submission to the California Energy Commission (CEC). Submission to the CEC would be a time- consuming step, since approval can take months, and avoiding this process will require much less staff time.

The proposed ordinance would apply to:

1. All New Construction (residential, non-residential) shall be all-electric, with no gas infrastructure installed, which will make construction costs lower. This includes new detached Accessory Dwelling Units (ADUs).

2. New Construction includes (based on the City of Encinitas’ definition):
a. Major remodels: Any remodel or alteration of a building of >50% of exterior bearing walls and more than 50% of roof framing during a 3-year period. b. Additions: Any addition which results in more than doubling the conditioned space during a 3-year period.

3. The following types of construction shall require that all new appliances or equipment shall be all-electric, with no extension of the current gas infrastructure. However, previously existing gas appliances do not need to be replaced.
a. Additions of >700 sq’ but less than double the size of the existing building. b. Attached ADUs which results in newly conditioned space (e.g., space converted from unconditioned, e.g., remodeling garage, basement, or attic).

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Development Services Department
New Construction Definition FAQ
August 2022