Table of Contents
2023-1-23 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands
Item 4 - Amendments to Reclaimed Water Agreements
Item 5 - Task Orders for Riverpath Phase 3 Final Design Item 6 - Parks & Rec Appointment
Item 7 - Lagoon Committee Appointment
Item 8 - Extension of STR Forbearance
Item 9 - Phase II Housing Studies
Item 10 - HE Program 2A ADUs
Item 11 - SANDAG Vote AB 805- Agenda Report
Item 12 - City Council Goal Setting Workshop
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, January 23, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.
Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting January 23, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.
1. Approval of Minutes: December 12, 2022 Regular Meeting, January 9, 2023 Regular and Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated January 23, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting January 23, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Third Amendments to Agreements for Sale of Reclaimed Water Recommended Action: Staff recommends the City Council: 1) Approve the Third Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority (Attachment A); 2) Approve the Third Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association (Attachment B); and 3) Authorize the City Manager to execute the Amendments.
Reference: Clerk’s File No. 406-1
5. Engineering Design, Geotechnical, and Environmental Consulting Services for the Riverpath Del Mar Extension Project Phase 3
Recommended Action: Staff recommends the City Council: 1) Approve a $97,300 Task Order (Attachment A) with Michael Baker International to perform final engineering design services; 2) Approve a $27,014 Task Order (Attachment B) with Barnett Quality Control Services, dba NOVA Services to perform geotechnical consulting services; 3) Approve a $29,218 amendment to an existing Task Order (Attachment C) with HELIX Environmental Planning to perform environmental services; and 4) Authorize the City Manager to execute the Task Orders.
Reference: Clerk’s File No. 406-1
6. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council re-appoint Mary Friestedt as a voting member of the Parks and Recreation Committee to serve a second full three-year term starting February 3, 2023, and ending on February 28, 2026.
Reference: Clerk’s File No. 401-5
7. Lagoon Committee Appointment
Recommended Action: The City Council Liaisons to the Lagoon Committee recommend that the City Council re-appoint Julie Kawasaki to the Lagoon Committee as a voting member to serve a second full three-year term starting February 1, 2023, and ending on February 28, 2026.
Del Mar City Council Regular Meeting January 23, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-5
8. Resolution to Extend the Forbearance Period Related to Existing Nonconforming Short Term Rentals
Recommended Action: Staff recommends the City Council adopt a Resolution (Attachment A) to extend the City’s existing Short Term Rental (“STR”) enforcement forbearance, which will defer enforcement action against qualifying STR operations for two years until January 23, 2025, while new regulations are being evaluated and processed for adoption.
Reference: Clerk’s File No. 301-19
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
9. Housing Element Phase II Studies of Potential Incentives to Create Lower Income Units on Identified Housing Element Sites
Recommended Action: Staff recommends the City Council consider the Phase II housing studies prepared in accordance with the City’s adopted Housing Element and provide direction for preparation of an ordinance with affordable housingrelated incentives by December 2023 as required by Housing Element Program 1I.
Reference: Clerk’s File No. 303-1, 304-7
10. Housing Element Program 2A – Potential Incentives for Creation of Low Income Accessory Dwelling Units
Recommended Action: Staff recommends the City Council consider potential incentives that could facilitate production of at least fifteen (15) low income Accessory Dwelling Units (ADUs) and provide direction for processing an ordinance by December 2023 as required by Housing Element Program 2A.
Reference: Clerk’s File No. 303-1, 304-7
11. Council Discussion Regarding SANDAG Weighted Voting Process Recommended Action: Councilmembers Terry Gaasterland and Dwight Worden recommend that the City Council discuss the San Diego Association of Governments (SANDAG) weighted voting process established in 2017 by Assembly Bill 805 and provide guidance to Councilmember Gaasterland as Del Mar’s primary representative to the SANDAG Board in preparation for an upcoming related SANDAG Board agenda item.
Del Mar City Council Regular Meeting January 23, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 1506-1
12. Preparations for 2023 City Council Goal Setting Workshop Recommended Action: Staff recommends that the City Council provide feedback on the proposed 2023 City Council Goal Setting Workshop (Attachment A); and consider options for a City Council retreat and provide direction to staff as may be needed.
Reference: Clerk’s File No. 401-1
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. North County Transit District (NCTD) (Druker/Gaasterland) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
L. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker/Worden)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
Del Mar City Council Regular Meeting January 23, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us H. Legislative Subcommittee (Druker/Gaasterland/Mayor Martinez end of 3rd Quarter)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIII. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
February 6, 2023
Design Review Board Presentation Regarding State ADU Regulations Helix Task Order Amendment for the Crest Canyon UUD X1A Project Appointment(s) to Undergrounding Project Advisory Committee RBSP3 MOU with SANDAG
EOT La Atalaya Subdivision (TTM18-004)
EP22-101 (919 Klish)
Presentation Regarding Parking Conditions and Enforcement of Traffic and Parking Regulations in the North Hills District
2023 Legislative Policy Guidelines
XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 19th day of January, 2023 at approximately 2:50 p.m.
___________________________________________ 1/19/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 12, 2022– VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Worden called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the December 12, 2022, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Worden opened Public Oral Communications and Brent Cook spoke. There were no additional speakers for public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker commented on the impact of natural gas increases by SDG&E and the upcoming 2023 Penguin Plunge. Mayor Worden announced the Friends of the Powerhouse commemorative towel fundraiser and commented on SDG&E natural gas price increases not being controlled by the Clean Energy Alliance.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the SANDAG Coastal Connection Conceptual Planning Study public comment period is open through January 31, 2023, and expressed appreciation for the Del Mar Foundation grants toward the school/youth art canvases program and purchase and donation of the Town Hall loudspeaker equipment. Community Services Director/Lifeguard Chief Jon Edelbrock reported on the 2023 Penguin Plunge to be held on January 1, 2023.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items. 1 January 23, 2023 Item 01
City Council Regular Minutes
December 12, 2022
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 3. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 1: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 2: AMENDMENT TO THE MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY
EMPLOYEES SALARY SCHEDULE RELATED TO MINIMUM WAGE CHANGES (CLERK’S FILE NO. 502-1)
Council adopted Resolution 2022-78, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR
MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES TO
REFLECT A STATE MANDATED MINIMUM WAGE INCREASE EFFECTIVE JANUARY 1, 2023”, on consent.
ITEM 3: SUSTAINABILITY ADVISORY COMMITTEE APPOINTMENTS (CLERK’S FILE NO. 401-5)
Council reappointed Silvia De Dea to the SAC as a voting member to serve a second three-year term effective February 2, 2023, and ending February 28, 2026; and appointed Ken Olson to SAC as an ex-officio, non-voting member to serve the balance of a vacant term, starting December 12, 2022, and ending on March 31, 2025, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 4: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
Administrative Services Manager/City Clerk Krietor provided an overview of the Design Review Board (DRB) interview process. The Council interviewed the applicants who included Arlene Prater, Mark Handzel and Linda Judd. Following the interview process, Mayor Worden, Deputy Mayor Martinez, and Councilmembers Gaasterland and Druker voted to appoint Arlene Prater to serve a full term on the DRB.
Councilmember Quirk voted to appoint Mark Handzel to serve a full term on the DRB. Based on the outcome of the City Council vote, Arlene Prater was appointed to serve as a voting member on the DRB for a full term from February 3, 2023 to February 1, 2027.
Mayor Worden, Deputy Mayor Martinez, Councilmembers Gaasterland and Druker voted to appoint Linda Judd to fill the balance of a vacant term. Councilmember Quirk voted to appoint Mark Handzel. Based on the outcome of the City Council vote, Linda Judd was appointed to serve the balance of a vacant term from December 12, 2022 to July 1, 2023.
There were no public speakers for this agenda item.
2 January 23, 2023 Item 01
City Council Regular Minutes
December 12, 2022
ITEM 5: PLANNING COMMISSION INTERVIEWS AND APPOINTMENT (CLERK’S FILE NO. 401-5)
Administrative Services Manager/City Clerk Krietor provided an overview of the Planning Commission (PC) interview process. The City’s policy is to hold interviews for the Planning Commission when the applications exceed the number of vacancies. However, the City advertised the Planning Commission vacancy for an extended period and only received one application. As such, the City Council elected to interview the applicant.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO INTERVIEW APPLICANT JAS GREWAL. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR
MARTINEZ TO APPOINT JAS GREWAL TO SERVE AS A VOTING MEMBER ON THE PLANNING COMMISSION WITH A TERM EXPIRATION DATE OF JUNE 30, 2023. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
PUBLIC HEARING
ITEM 6: GENERAL PLAN AMENDMENT (GPA22-001), REZONE (R22-001), AND LOCAL COASTAL PROGRAM AMENDMENT (LCPA22-002) TO CORRECT
INCONSISTENCIES IN MAP RECORDS AND REZONE VARIOUS CITY-OWNED PROPERTIES (CLERK’S FILE NO. 302-4, 304-4, 401-4)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Associate Planner Adriana Jaramishian. Planning and Community Development Director Karen Brindley and Principal Planner Amanda Lee were available to answer City Council questions.
Council questions and discussion focused on the timing for bringing this item to Council; rational for zoning various sites as public facilities; whether zoning property as a public facility would limit the Council options in the future related to housing; and clarification on the Floor Area Ratio and lot zoning for the RM zone.
Mayor Worden opened the item to public comment and the following people spoke:
1) Brent Cook
2) Joyce Mason
Mayor Worden closed the item to public comment.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR WORDEN TO ADOPT RESOLUTION 2022-79, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO ADOPT AN AMENDMENT (GPA22-001) TO THE CITY OF DEL MAR COMMUNITY
PLAN (GENERAL PLAN) TO INCORPORATE AN UPDATED LAND USE DESIGNATION MAP INTO
THE COMMUNITY DEVELOPMENT ELEMENT OF THE COMMUNITY PLAN TO CONSISTENTLY REFLECT THE LAND USE DESIGNATIONS RELATED TO VARIOUS CITY-OWNED PROPERTIES”,
AND INTRODUCED AN ORDINANCE AMENDING THE DEL MAR LOCAL COASTAL PROGRAM 3 January 23, 2023 Item 01
City Council Regular Minutes
December 12, 2022
(LCPA22-002) AND REZONING (REZONE R22-001) EIGHT CITY-OWNED PROPERTIES. (VOTE 5- 0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 7: CERTIFICATION OF NOVEMBER 2022 GENERAL ELECTION RESULTS (CLERK’S FILE NO. 402-3)
A brief presentation was provided by Administrative Services Manager/City Clerk Krietor.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT THE AMENDED RESOLUTION 2022-80, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW”. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 8: INSTALLATION OF COUNCILMEMBERS TERRY GAASTERLAND AND DWIGHT WORDEN (CLERK’S FILE NO. 402-2)
Administrative Services Manager/City Clerk Krietor administered the Oath of Office to Councilmembers Terry Gaasterland and Dwight Worden, and they were each presented with Certificates of Election.
There were no public speakers for the item.
ITEM 9: RESOLUTION OF APPRECIATION FOR OUTGOING MAYOR WORDEN (CLERK’S FILE NO. BOOK OF RESOLUTIONS)
Deputy Mayor Tracy Martinez read the resolution of appreciation for outgoing Mayor Dwight Worden.
There were no public speakers for the item.
Council discussion focused on appreciation for Dwight Worden’s service as Mayor in 2022 including serving as Mayor during the City’s second year of remote meetings due to COVID.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2022-77, “RESOLUTION OF APPRECIATION FOR OUTGOING MAYOR DWIGHT WORDEN.” (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 10: REMARKS BY OUTGOING MAYOR WORDEN (CLERK’S FILE NO. 401-1) 4 January 23, 2023 Item 01
City Council Regular Minutes
December 12, 2022
Mayor Worden provided remarks regarding his time as Mayor.
There were no public speakers for the item.
ITEM 11: SELECTION OF THE 2023 MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO.
CLERK’S MINUTES BOOK)
An introduction to the item was provided by Administrative Services Manager/City Clerk Krietor.
There were no public speakers for the item.
IT WAS MOVED BY MAYOR WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO APPOINT TRACY MARTINEZ AS MAYOR AND DAN QUIRK AS DEPUTY MAYOR TO SERVE FOR A ONEYEAR PERIOD BEGINNING ON DECEMBER 12, 2022, THROUGH DECEMBER 2023 IN ACCORDANCE WITH COUNCIL POLICY 100. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Dieguito Riverpark Joint Powers Authority (JPA) and North County Transit District (NCTD).
ADJOURNMENT
Mayor Worden adjourned the meeting at 6:54 p.m.
__________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
5 January 23, 2023 Item 01
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 9, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden.
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported on the January 9, 2023, City Council Closed Session meeting.
She reported that for Item A, Councilmember Druker was recused due to living within 500 feet of the subject matter of that discussion and she reported that the City will be entering into mediation with Winston School on January 20, 2023. For Item B there were no recusals and no reportable actions.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the SDG&E gas bill increase notice and national gas price decreases and requested an update on the 9th Street traffic light. Councilmember Druker commented that as a member of Clean Energy Alliance (CEA) Del Mar residents’ electric rates are fixed for the year.
Councilmember Gaasterland provided resident feedback on the four way stop at 9th Street resulting from the traffic light being temporarily out; expressed appreciation to City staff for proactively addressing impacts of the recent Pacific winter storms; and remarked on resources available for residents, including a confidential shared housing program operated by Del Mar Community Connections. Mayor Martinez reported on the upcoming Del Mar Village Association (DMVA) Community Clean up on January 25, 2023; and expressed appreciation to staff for a successful 2023 Penguin Plunge event.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the impacts of recent storms to Del Mar beaches and the City’s efforts to protect public and private property from impacts of the storms; addressed the blinking red light at 9th Street and repair status; and introduced new City employee Michael Luna, Special Projects and Programs Manager, in the City Manager’s Office.
6 January 23, 2023 Item 01
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January 9, 2023
PRESENTATIONS
ITEM 1: CEREMONIAL OATH OF OFFICE OF COUNCILMEMBERS GAASTERLAND AND WORDEN (CLERK’S FILE NO. 401-1)
Mayor Martinez led a ceremonial oath of office for re-elected Councilmembers Worden and Gaasterland.
There were no public speakers for the item.
ITEM 2: UPDATE FROM EDCO ON SOLID WASTE COLLECTION SERVICES POST TRANSITION (CLERK’S FILE NO. 906-9)
City Manager Jones introduced the item. A presentation was provided by EDCO General Manager Carl Scherbaum, with Assistant City Manager Clem Brown and EDCO President Steve South available to answer City Council questions.
City Council questions focused on current percentage of enrollment in organics recycling and SB 1383 compliance; whether the green bin needs to be requested and the percentage of residential and commercial accounts utilizing the green bins now; process for disposing of larger/bulky items; how residents can dispose of green waste in excess of their bin capacity; whether organic waste bags are still available; and whether plastic trash bags are recyclable and can be used in recycling bins.
There were no public speakers for this item.
Council discussion focused on the successful transition to EDCO, which the Council expressed appreciation for to EDCO and City staff.
ITEM 3: PRESENTATION ON CALIFORNIA PUBLIC UTILITIES COMMISSION'S NEM 3.0 PROPOSAL BY THE CLEAN ENERGY ALLIANCE (CLERK’S FILE NO. 1403-4) Councilmember Druker introduced the item. A presentation was provided remotely by Clean Energy Alliance (CEA) CEO Barbara Boswell and CEA Special Counsel Ty Tosdal. Assistant City Manager Brown was available to answer City Council questions.
City Council questions focused on the status and schedule for CEA reimbursing the cities of Carlsbad, Solana Beach, and Del Mar for their initial investments in the CEA; and whether NEM 3.0 will affect CEA customers utilizing solar.
There were no public speakers for the item.
Council discussion focused on the proposed fixed fee; clarification on reimbursement and monthly rates for CEA customers with solar; future of SDG&E in distributing and providing power in San Diego County; and whether solar customers who switch to CEA will be governed by NEM 2.0 or NEM 3.0.
ITEM 4: CITY OF DEL MAR’S SIDEWALK SAFETY PROGRAM (CLERK’S FILE NO. 901-2) City Manager Jones introduced the item. A presentation was provided by Public Works Director Joe Bride.
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January 9, 2023
City Council questions focused on whether the color of the repaired sidewalk areas will blend in with the surrounding sidewalk over time; whether the City receives many trip and fall claims related to City sidewalks; and the best way for the public to report a sidewalk concern.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 5 THROUGH 10. (VOTE 5- 0)
Ayes: Mayor Martinez, Deputy Mayor Quirk and Councilmembers Druker, Gaasterland and Worden; Noes; 0; Absent: 0; Abstain: 0.
ITEM 5: APPROVAL OF MINUTES: DECEMBER 5, 2022 REGULAR AND SPECIAL MEETING; DECEMBER 12, 2022 SPECIAL MEETING (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.
ITEM 6: RATIFICATION OF LIST OF DEMANDS, DATED JANUARY 9, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 7: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 8: APPROVAL OF A TASK ORDER WITH MICHAEL BAKER INTERNATIONAL TO
PERFORM ENGINEERING DESIGN SERVICES FOR THE HOSKA ALLEY ASSESSMENT AND DEVELOPMENTAL ALTERNATIVES ANALYSIS (CLERK’S FILE NO. 406-1)
Council approved a $49,000 Task Order with Michael Baker International (MBI) to conduct an engineering assessment and provide initial design alternatives and cost projections for the development of Hoska Alley; and authorized the City Manager to execute the Task Order, on consent.
ITEM 9: AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE FOR CITYWIDE LANDSCAPING SERVICES (CLERK’S FILE NO. 406-1)
Council questions focused on clarifying the public areas maintained under the Citywide landscaping services agreement.
Council approved an agreement with Parkwood Landscape Maintenance to provide citywide landscaping services for an initial three-year period effective February 1, 2023, 8 January 23, 2023 Item 01
City Council Regular Minutes
January 9, 2023
through February 1, 2026; and authorized the City Manager to execute the agreement, on consent.
ITEM 10: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE DEL MAR LOCAL COASTAL PROGRAM (LCPA22-002) AND REZONING (R22-001) EIGHT CITY-OWNED PROPERTIES (CLERK’S FILE NO. 302-4, 304-4, 401-4) Council adopted Ordinance 995, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE LOCAL COASTAL PROGRAM (LCP) LAND USE DESIGNATION AND ZONE DESIGNATION FOR PARCELS OCCUPIED BY FOUR CITY-OWNED WATER TOWERS (APN: 300-272-07, 299-260-45, 300-243-10, 301-025-42) FROM LOW DENSITY RESIDENTIAL AND R1-10 TO PUBLIC FACILITIES (PF); AMENDING THE LCP LAND USE DESIGNATION AND ZONE
DESIGNATION FOR TWO CITY-OWNED PARCELS OCCUPIED BY THE DEL MAR LIBRARY (APN: 300-020-06,-07) FROM CENTRAL COMMERCIAL (CC) TO PUBLIC FACILITIES (PF); AMENDING THE LCP LAND USE DESIGNATION AND ZONE DESIGNATION FOR ONE CITY-OWNED VACANT LOT ON 28TH STREET (APN: 299- 030-12) FROM MEDIUM DENSITY MULTIPLE RESIDENTIAL AND RM-EAST TO PUBLIC FACILITIES (PF); AND AMENDING THE LCP LAND USE DESIGNATION AND
ZONE DESIGNATION FOR ONE PARCEL OCCUPIED BY THE PINE BLUFF PRESERVE (APN:300-263-26) FROM LOW DENSITY RESIDENTIAL R1-10 TO PUBLIC PARKLAND (PP); AND APPROVING THE REZONE R22-001 AND LOCAL COASTAL PROGRAM AMENDMENT LCPA22-002 TO AMEND THE LAND USE DESIGNATION
AND ZONE DESIGNATION FOR SAID PROPERTIES AND UPDATE THE LCP LAND
USE PLAN AND ZONING MAP RECORDS TO BE CONSISTENT WITH THE CITY OF DEL MAR COMMUNITY PLAN (GENERAL PLAN)”, on consent.
ITEM 11: RECOMMENDED UNDERGROUNDING PROJECT ADVISORY COMMITTEE (UPAC)
RESTART, CHARTER REVISIONS, AND RELATED ADMINISTRATIVE ACTIONS (CLERK’S FILE NO. 401-5)
The item was pulled from the Consent Calendar for consideration. Councilmember Gaasterland provided a brief presentation. City Council questions focused on the recruitment process and timeline for reengaging the committee.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY
COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2023-1, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING AND
RESTATING THE CHARTER OF THE CITY OF DEL MAR UNDERGROUNDING PROJECT ADVISORY COMMITTEE”, AND DIRECT STAFF TO TAKE RELATED ADMINISTRATIVE ACTIONS INCLUDING SCHEDULING 2023 UPAC MEETINGS; RECRUITING TO FILL COMMITTEE VACANCIES; AND EXTENDING EXISTING COMMITTEE MEMBERS’ TERMS. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:00 p.m. to 7:17 p.m. 9 January 23, 2023 Item 01
City Council Regular Minutes
January 9, 2023
CITY COUNCIL OTHER BUSINESS
ITEM 12: NEW STATE HOUSING LEGISLATION REPORT (CLERK’S FILE NO. 303-1, 401-7, 1502-18)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer City Council questions.
Council questions focused on whether state legislation changes would impact or apply to the beach commercial zone; how legislative changes would apply to specific plans like the Del Mar Plaza; and whether AB 11 is a developer choice.
Council questions focused on clarifying the legislative provisions related to the height of Accessory Dwelling Units (ADUs); clarification on whether the City can place limitations on homeowners who evade the DRB process for an ADU; whether the City is able to add any additional requirements related to setbacks; the need to suggest a legislative amendment that requires an ADU be used as living quarters; opportunity for the City to update its Local Coastal Program (LCP) to identify public view corridors under the Coastal Act; City’s ability to use easements to prevent ADU placement; whether the City can require joint processing of ADUs and primary housing applications; whether the City can have a role in placement of ADUs; mechanisms available for notifying neighbors of ADU applications; clarification on protection of public view corridors under the California Coastal Act; clarification on the guidance being provided by the City Council to the Legislative Subcommittee; whether the City is still able to consider architectural compatibility; and whether the City can mandate a parking spot for an ADU.
Council discussion focused on whether the City could consider a story pole project to demonstrate a protected coastal view; public scenic view overview; how many stories are usually included with a 45 foot building; desire to ask the legislature to create an exemption from this legislation for agencies that have a certified housing element; request for staff to create a half mile map from the fairgrounds transit station; whether this state legislation is considered an unfunded mandate; comment that the legislation creates a disincentive for improving local transit; discretion related to fire hazard zones; clarification on the definition of a major transit site and desire to update the definition of major transit corridor; history of redevelopment agencies and related housing set-aside funding; advocating to legislative representatives to reestablish a funding source for mandated housing; and possibility of a future state constitutional amendment that would amend the state constitution to restore local control.
There were no public speakers for this item.
ITEM 13: DISCUSSION OF CITY COUNCIL SUBCOMMITTEES PURPOSE & SCOPE (CLERK’S FILE NO. 401-1, 401-5)
A presentation was provided by Councilmembers Druker and Worden.
Council consensus was to move forward with the recommendation by Councilmembers Druker and Worden and for each City Council subcommittee to prepare an updated Subcommittee charter for Council consideration in March 2023.
There were no public speakers for the item.
ITEM 14: 2023 CITY COUNCIL LOCAL AND REGIONAL APPOINTMENTS (CLERK’S FILE NO. 401-1, 401-5)
10 January 23, 2023 Item 01
City Council Regular Minutes
January 9, 2023
An introduction to the item was provided by Councilmember Druker. City Council discussed various local and regional appointments. The appointments were finalized as shown in the 2023 Local and Regional Appointments available on the City’s website and included as Attachment A to these minutes.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER
TO APPOINT COUNCILMEMBERS GAASTERLAND AND DRUKER TO THE UNDERGROUNDING PROJECT ADVISORY COMMITTEE (UPAC). (VOTE 4-1 WITH DEPUTY MAYOR QUIRK OPPOSED) Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER
GAASTERLAND TO APPOINT COUNCILMEMBER DRUKER AS PRIMARY TO THE NORTH COUNTY TRANSIT DISTRICT. (VOTE 3-1-1 WITH COUNCILEMBER DRUKER ABSTAINED
AND DEPUTY MAYOR QUIRK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Gaasterland and Worden; Noes: Deputy Mayor Quirk;
Absent: 0; Abstain: Councilmember Druker.
IT WAS MOVED BY COUNCILEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER
TO APPOINT COUNCILMEMBER GAASTERLAND AS ALTERNATE TO NORTH COUNTY TRANSIT DISTRICT. (VOTE 4-1 WITH COUNCILMEMBER GAASTERLAND ABSTAINED) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Worden; Noes: 0;
Absent: 0; Abstain: Councilmember Gaasterland.
IT WAS MOVED BY COUNCILMEMBER DRUKER TO APPOINT COUNCILMEMBER WORDEN AS PRIMARY ON THE METRO COMMISSION/METRO WASTEWATER JPA.
COUNCILMEMBER DRUKER AMENDED HIS MOTION, SECONDED BY COUNCILMEMBER
GAASTERLAND, TO ALSO APPOINT COUNCILMEMBER WORDEN AS PRIMARY ON SANDAG SHORELINE PRESERVATION WORKING GROUP. (VOTE 4-1 WITH COUNCILMEMBER
WORDEN ABSTAINED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Gaasterland; Noes:
0; Absent: 0; Abstain: Councilmember Worden.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR MARTINEZ TO
APPOINT COUNCILMEMBER GAASTERLAND AS PRIMARY ON SANDAG BOARD OF DIRECTORS AND ALTERNATE ON NORTH COUNTY TRANSIT DISTRICT. (VOTE 4-1 WITH
COUNCILMEMBER GAASTERLAND ABSTAINED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Worden; Noes: 0;
Absent: 0; Abstain: Councilmember Gaasterland.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER
GAASTERLAND TO APPOINT MAYOR MARTINEZ AS ALTERNATE ON SANDAG BOARD OF DIRECTORS. (VOTE 4-1 WITH MAYOR MARTINEZ ABSTAINED)
11 January 23, 2023 Item 01
City Council Regular Minutes
January 9, 2023
Ayes: Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0;
Absent: 0; Abstain: Mayor Martinez.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER
WORDEN TO APPOINT DEPUTY MAYOR QUIRK AS ALTERNATE ON METRO COMMISSION/METRO WASTEWATER JPA. (VOTE 4-1 WITH DEPUTY MAYOR QUIRK
ABSTAINED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: Deputy Mayor Quirk.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER
WORDEN TO APPOINT COUNCILMEMBER DRUKER AS PRIMARY TO NORTH COUNTY TRANSIT DISTRICT AND SECOND ALTERNATE ON SANDAG BOARD OF DIRECTORS. (VOTE 4-1 WITH COUNCILMEMBER DRUKER ABSTAINED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Gaasterland and Worden; Noes:
0; Absent: 0; Abstain: Councilmember Druker.
There were no public speakers for the item.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the SANDAG Board of Directors.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:37 p.m.
__________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
12 January 23, 2023 Item 01
DEL MAR CITY COUNCIL
2023 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023 1
CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Arts Advisory Committee
Meets Quarterly Dwight Worden Dave Druker
Finance Committee
Meets Quarterly Dave Druker Dwight Worden
Measure Q Citizen Oversight Committee
Twice per year or as-needed Terry Gaasterland Dan Quirk Parks & Recreation Committee
Meets Quarterly Tracy Martinez Dwight Worden
Lagoon Committee
Meets Quarterly Dwight Worden Dan Quirk
Shores Advisory Committee
On Hold
Sustainability Advisory Committee
Meets Quarterly Dwight Worden Tracy Martinez
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Dan Quirk Dwight Worden
Undergrounding Project Advisory Committee
Meets Quarterly Terry Gaasterland Dave Druker
13 January 23, 2023 Item 01
DEL MAR CITY COUNCIL
2023 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023 2
COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker Dwight Worden
Del Mar Railroad Subcommittee
*Same liaisons as SANDAG Board Dave Druker Terry Gaasterland Planning Process Subcommittee
*On-hold, pending charter review Dave Druker Terry Gaasterland Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project
On Hold
Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland
Dave Druker
Tracy Martinez (Term
effective 3rd Quarter)
14 January 23, 2023 Item 01
DEL MAR CITY COUNCIL
2023 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023 3
COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez Dwight Worden Del Mar Village Association Terry Gaasterland Tracy Martinez Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor
REGIONAL ORGANIZATIONS
Organization Primary Alternate
22nd District Agricultural Association – Community
Relations Committee
3 rd Tuesday/month at 10:30 a.m.
Terry Gaasterland
Tracy Martinez
There are two primary
liaisons and no
alternate
Clean Energy Alliance Joint Powers Agreement (JPA)
4 th Thursday at 2:00 p.m.
(Except November and December)
Dave Druker Dwight Worden
CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.
Tracy Martinez Dan Quirk
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Dan Quirk Tracy Martinez
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor Dwight Worden
League of California Cities – Coastal Cities Group Dwight Worden No Del Mar Rep METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon Dwight Worden Dan Quirk
North County Transit District*
Regularly meets 3rd Thursdays Dave Druker Terry Gaasterland 15 January 23, 2023 Item 01
DEL MAR CITY COUNCIL
2023 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023 4
Organization Primary Alternate
Regional Solid Waste Association (RSWA)*
Quarterly or as-needed Dwight Worden Dan Quirk
San Diego County Water Authority*
Meets Monthly – 4
th Thursday
Appointed 3/5/2018
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Dwight Worden Dan Quirk
SANDAG Board of Directors*
Meets 2nd & 4th Fridays or as scheduled
Terry Gaasterland Tracy Martinez (1st)
Dave Druker (2nd)
SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thurs - 11:30 a.m.
Dwight Worden Terry Gaasterland (1st)
Tracy Martinez (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 4th Friday-12:30 p.m. to 2:30 p.m. Dave Druker No Del Mar Rep.
SANDAG Regional Planning Committee*
Meets first Friday- 12:30 p.m.-2:30 p.m.
Terry Gaasterland No Del Mar Rep.
*Receives stipend.
16 January 23, 2023 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
JANUARY 9, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:45 P.M.
ROLL CALL
Present: Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
CLOSED SESSION
A) Conference with Legal Counsel - Existing Litigation
The Winston School of San Diego, Inc. v. City of Del Mar San Diego Superior Court Case No. 37-2021-00042977-CU-CO-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: Councilmember Druker was recused from participating in this agenda item due to living within 500 feet of the subject matter of the discussion. The City will be entering into mediation with Winston School on January 20, 2023.
B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Worden adjourned the meeting at 4:17 P.M.
_________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
17 January 23, 2023 Item 01
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: January 23, 2023
SUBJECT: Third Amendments to Agreements for Sale of Reclaimed Water REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Approve the Third Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority (Attachment A); 2) Approve the Third Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association (Attachment B); and 3) Authorize the City Manager to execute the Amendments.
DISCUSSION/ANALYSIS:
On November 5, 1997, the City of Del Mar entered into two agreements related to the purchase and sale of reclaimed water. The first agreement was between the City of Del Mar (City) and the San Elijo Joint Powers Authority (SEJPA) for reclaimed water sales.
The second agreement was between the City, SEJPA, and the 22nd District Agricultural Association (22nd DAA) for the City to purchase reclaimed water from the SEJPA and sell it to 22nd DAA.
These agreements are necessary because the SEJPA’s pipelines and meters are physically located within the City’s jurisdictional service area. Under these agreements, the City serves as a pass-through agency for the sale of reclaimed water between the 22nd DAA and the SEJPA, collecting payments for consumption of reclaimed water from the 22nd DAA and remitting equal payments to the SEJPA. Most of the City’s reclaimed water is utilized and paid for by the 22nd DAA.
The price for reclaimed water was originally indexed at 85% of the lowest of the total domestic potable water rates for the commercial class charged per acre foot by the San Dieguito Water District, Santa Fe Irrigation District, and the City. The original agreements required a minimum purchase volume of 150 acre-feet (AF) of reclaimed water per year by the 22nd DAA or they were charged the difference between the actual usage and the minimum purchase volume.
1 January 23, 2023 Item 04
City Council Agenda Report
Third Amendments to Reclaimed Water Sales Agreements
January 23, 2023
In 2014, the City Council authorized first amendments to the reclaimed water sales agreements with the SEJPA and the 22nd DAA, which increased reclaimed water rates and reduced the annual minimum purchase volume from 150 AF to 120 AF. These amendments also removed the 85% indexed pricing and replaced it with a cost-of-service pricing method.
In 2020, the City Council authorized second amendments to the reclaimed water sales agreements with the SEJPA and the 22nd DAA, which increased reclaimed water rates and reduced the minimum purchase volume from 120 AF to 85 AF, which was based on actual usage by the 22nd DAA. These second amendments extended the term of the agreements to June 30, 2023, and allowed for the agreements to continue year to year under the same terms and conditions unless terminated or otherwise amended.
During Fiscal Year (FY) 2021-22, the 22nd DAA experienced operational issues that reduced their annual reclaimed water usage to 75 AF, and therefore, they fell approximately 10 AF below the minimum purchase volume of 85 AF. The SEJPA and the 22nd DAA discussed the option of providing the 22nd DAA another year to use the 10 AF shortfall. This would require the 22nd DAA to purchase a minimum volume of 95 AF in FY 2022-23. The SEJPA reviewed the past nine (9) years of reclaimed water usage by the 22nd DAA and determined that their average annual use is 109 AF, which is above last year’s usage. Based on current year’s usage to date, the SEJPA projects the 22nd DAA will use 100 AF of reclaimed water by fiscal year end (June 30, 2023).
Per Section 14 of the original agreements, the agreements can be amended and renegotiated upon written request of both parties. On October 18, 2022, the SEJPA Board of Directors approved the proposed terms of the third amendments to both agreements.
The third amendments adjust the minimum purchase volume to be 170 AF for the combined two-year timeframe of FY 2021-22 through FY 2022-23. Beginning July 1, 2023, the amendments state that the annual minimum purchase volume of reclaimed water will revert to 85 AF.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. If the proposed third amendments to the reclaimed water sales agreements are approved, the City will continue to serve as a pass-through agency for the sale of reclaimed water between the 22nd DAA and SEJPA.
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.
PRIOR CITY COUNCIL REVIEW:
2 January 23, 2023 Item 04
City Council Agenda Report
Third Amendments to Reclaimed Water Sales Agreements
January 23, 2023
On November 23, 2020, the City Council authorized the Second Amendments to the Reclaimed Water Sales Agreements with the SEJPA and the 22nd DAA (Attachments C and D).
On December 15, 2014, the City Council authorized the First Amendments to the Reclaimed Water Sales Agreements with the SEJPA and the 22nd DAA (Attachments E and F).
On August 18, 1997, the City Council authorized the Mayor to execute two agreements for the sale of reclaimed water with the SEJPA and the 22nd DAA, which went into effect on November 5, 1997 (Attachments G and H).
ATTACHMENTS:
Attachment A – Third Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority
Attachment B – Third Amendment to the Reclaimed Water Sales Agreement between the San Elijo Joint Powers Authority, the City of Del Mar and the 22nd District Agricultural Association
Attachment C – Second Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority
Attachment D – Second Amendment to the Reclaimed Water Sales Agreement between the San Elijo Joint Powers Authority, the City of Del Mar and the 22nd District Agricultural Association
Attachment E – First Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority
Attachment F – First Amendment to the Reclaimed Water Sales Agreement between the San Elijo Joint Powers Authority, the City of Del Mar and the 22nd District Agricultural Association
Attachment G – Original Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority
Attachment H – Original Reclaimed Water Sales Agreement between the San Elijo Joint Powers Authority, the City of Del Mar and the 22nd District Agricultural Association
3 January 23, 2023 Item 04
T:\PUBLIC\COUNCIL PACKETS-WORKING FILE\2023\1 - January 23, 2023\Amendments To Reclaimed Water Agreements\Attachment A - 3rd Amendment To Agreement JPA & Del Mar.Docx
THIRD AMENDMENT TO THE AGREEMENT FOR SALE OF
RECLAIMED WATER TO THE CITY OF DEL MAR
BY THE SAN ELIJO JOINT POWERS AUTHORITY
This THIRD AMENDMENT to the Agreement for Sale of Reclaimed Water (AGREEMENT), hereinafter referred to as the “THIRD AMENDMENT,” is made and entered into this 23rd day of January, 2023, by and between the San Elijo Joint Powers Authority, a joint powers authority, hereinafter referred to as the “JPA,” and the City of Del Mar, a municipal corporation, hereinafter referred to as the “CITY,” and together herein referred to as “Parties.”
RECITALS
WHEREAS, the JPA and the CITY entered into an AGREEMENT dated November 5, 1997, for the sale of reclaimed water by the JPA to the CITY; and WHEREAS, on December 22, 2014, the Parties executed a FIRST AMENDMENT to the AGREEMENT allowing for a change to the pricing structure to utilize cost of service principles and to reduce the annual minimum purchase volume; and WHEREAS, on December 1, 2020, the Parties executed a SECOND AMENDMENT increasing the cost of reclaimed water and reducing the annual minimum purchase volume; and
WHEREAS, the Parties now wish to execute a THIRD AMENDMENT to the AGREEMENT to adjust the minimum annual reclaimed water purchase requirements under the AGREEMENT, as recently amended by the SECOND AMENDMENT.
NOW, THEREFORE, in consideration of these recitals the JPA and CITY agree as follows:
1. The provisions of this THIRD AMENDMENT shall apply to the sale of reclaimed water by the JPA to the CITY commencing on July 1, 2021, through June 30, 2023, as provided herein unless terminated as provided in the AGREEMENT or otherwise amended by the Parties.
2. For the term of the THIRD AMENDMENT, the JPA agrees to supply, and the CITY agrees to accept and purchase from the JPA, no less than a cumulative one hundred and seventy (170) acre feet (AF) of reclaimed water during the combined Fiscal Years 2021-22 and 2022-23 at the applicable water rate set forth in the SECOND AMENDMENT.
In the event the CITY fails to accept the minimum 170 AF in this two-year timeframe, for any reason other than the JPA’s failure to supply such quantity and/or quality of reclaimed water as provided for in the AGREEMENT, FIRST AMENDMENT, and SECOND AMENDMENT, the
CITY agrees to pay the JPA for the difference between the AF accepted by the CITY during the two-year time frame and the minimum 170 AF at the applicable reclaimed water rate set forth in the SECOND AMENDMENT. 4 January 23, 2023 Item 04
2 T:\PUBLIC\COUNCIL PACKETS-WORKING FILE\2023\1 - January 23, 2023\Amendments To Reclaimed Water Agreements\Attachment A - 3rd Amendment To Agreement JPA & Del Mar.Docx
3. Beginning on July 1, 2023, the minimum annual reclaimed water purchase requirement by the CITY shall revert to eighty-five (85) AF. In other words, the CITY agrees to purchase from the JPA no less than 85 AF of reclaimed water annually from July 1 to June 30, from year to year, under the same terms and conditions as provided in the AGREEMENT, as amended, or otherwise amended by the Parties.
In the event that the CITY fails to accept the minimum 85 AF per year, CITY agrees to pay the JPA the difference between the AF of reclaimed water accepted by the CITY during the fiscal year and the minimum 85 AF at the applicable water rate set forth in the SECOND AMENDMENT, or as amended.
Except as expressly stated and amended herein, the remaining terms and conditions of the AGREEMENT, FIRST AMENDMENT and SECOND AMENDMENT shall remain in full force and effect. If any provision of the AGREEMENT, FIRST AMENDMENT, or SECOND AMENDMENT directly conflicts with a provision of the THIRD AMENDMENT, the terms of this THIRD AMENDMENT shall control.
IN WITNESS WHEREOF, the parties hereto have caused this THIRD AMENDMENT to be executed and effective on the date first mentioned above.
SAN ELIJO
JOINT POWERS AUTHORITY
CITY OF DEL MAR
By: By:
Michael Thornton, General Manager Ashley Jones, City Manager 5 January 23, 2023 Item 04
T:\PUBLIC\COUNCIL PACKETS-WORKING FILE\2023\1 - January 23, 2023\Amendments To Reclaimed Water Agreements\Attachment B - 3rd Amendment To Agreement - JPA-DM-DAA.Docx
THIRD AMENDMENT TO THE RECLAIMED WATER SALES AGREEMENT
BETWEEN THE SAN ELIJO JOINT POWERS AUTHORITY, THE CITY OF DEL MAR AND THE 22ND DISTRICT AGRICULTURAL ASSOCIATION
This THIRD AMENDMENT to the Reclaimed Water Sales Agreement (AGREEMENT), hereinafter referred to as “THIRD AMENDMENT”, is made and entered into this 23rd day of January, 2023, by and between the San Elijo Joint Powers Authority, a Joint Powers Authority, herein after referred to as the “JPA”, the City of Del Mar, a municipal corporation, hereinafter referred to as “City”, and the 22nd District Agricultural Association, an agency of the State of California, herein referred to as “District”, and together herein referred to as “Parties.”
RECITALS
WHEREAS, on November 5, 1997, the JPA, City and District entered into an AGREEMENT which established the terms and conditions wherein the JPA produces and the JPA and the City deliver reclaimed water to the District; and WHEREAS, on December 15, 2015, the parties executed a FIRST AMENDMENT to the AGREEMENT modifying Section 4 to reduce the annual minimum purchase volume and modifying Section 8 of the AGREEMENT to change the pricing structure to utilize cost of services pricing principles and adjust the cost of reclaimed water to the District; and WHEREAS, on December 1, 2020, the Parties executed a SECOND AMENDMENT to the AGREEMENT in order to further reduce the annual minimum purchase volume and adjust the cost of reclaimed water being charged to the District; and WHEREAS, the Parties now wish to execute a THIRD AMENDMENT to the AGREEMENT in order to adjust the annual minimum reclaimed water volumes the City and District are required to purchase, as most recently amended by the SECOND AMENDMENT.
NOW, THEREFORE, in consideration of these recitals the JPA, City and District hereby agree as follows:
1. The provisions of this THIRD AMENDMENT shall apply to the sale of reclaimed water by the JPA to the City and the City to the District commencing July 1, 2021 through June 30, 2023, as provided herein unless terminated as provided in the AGREEMENT or otherwise amended by the Parties.
2. For the term of the THIRD AMENDMENT, the JPA agrees to supply, and the City and District agrees to accept and purchase from the JPA, no less than a cumulative one hundred and seventy (170) acre feet (AF) of reclaimed water during the combined Fiscal Years 2021-22 and 2022-23 at the applicable water rate set forth in the SECOND AMENDMENT.
In the event the City and District fail to accept the minimum 170 AF in this two-year timeframe, for any reason other than the JPA’s failure to supply such quantity and/or quality of reclaimed water as provided for in the AGREEMENT, FIRST AMENDMENT, and SECOND AMENDMENT, the
District agrees to pay the City and the City agrees to pay the JPA for the 6 January 23, 2023 Item 04
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difference between the AF accepted by the District during the two-year time frame and the minimum 170 AF at the applicable reclaimed water rate set forth in the SECOND AMENDMENT.
3. Beginning on July 1, 2023, the minimum annual reclaimed water purchase requirement by the City and District shall revert to eighty-five (85) AF. In other words, the City and District agree to purchase from the JPA no less than 85 AF of reclaimed water annually from July 1 to June 30, from year to year, under the same terms and conditions as provided in the AGREEMENT, as amended, or otherwise amended by the Parties.
In the event that the City and District fail to accept the minimum 85 AF per year, District agrees to pay the City and the City agrees to pay the JPA the difference between the AF of reclaimed water accepted by the District during the fiscal year and the minimum 85 AF at the applicable water rate set forth in the SECOND AMENDMENT, or as amended.
Except as expressly stated and amended herein, the remaining terms and conditions of the AGREEMENT, FIRST AMENDMENT and SECOND AMENDMENT shall remain in full force and effect. If any provision of the AGREEMENT, FIRST AMENDMENT, or SECOND AGREEMENT directly conflicts with a provision of the THIRD AMENDMENT, the terms of this THIRD AMENDMENT shall control.
IN WITNESS WHEREOF, the parties hereto have caused this THIRD AMENDMENT to be executed and be effective on the date first mentioned above.
SAN ELIJO
JOINT POWERS AUTHORITY
CITY OF DEL MAR
By: By:
Michael Thornton, General Manager Ashley Jones, City Manager 22nd DISTRICT AGRICULTURAL
ASSOCIATION
By:
Carlene Moore, CEO
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ATTACHMENT C
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ATTACHMENT D
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ATTACHMENT E
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ATTACHMENT F
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ATTACHMENT G
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ATTACHMENT H
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: January 23, 2023
SUBJECT: Engineering Design, Geotechnical, and Environmental Consulting Services for the Riverpath Del Mar Extension Project Phase 3
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Approve a $97,300 Task Order (Attachment A) with Michael Baker International to perform final engineering design services; 2) Approve a $27,014 Task Order (Attachment B) with Barnett Quality Control Services, dba NOVA Services to perform geotechnical consulting services; 3) Approve a $29,218 amendment to an existing Task Order (Attachment C) with HELIX Environmental Planning to perform environmental services; and 4) Authorize the City Manager to execute the Task Orders for the Riverpath Del Mar Extension Project Phase 3.
DISCUSSION/ANALYSIS:
The Riverpath Del Mar Extension Project Phase 3 will complete one of the last remaining segments of the City’s Scenic Loop Trail by extending the Riverpath Del Mar from the Grand Avenue Overlook to the City’s eastern boundary near Crest Canyon. This approximately one-half mile long public pedestrian access trail will be composed of decomposed granite trail, at-grade boardwalk, and elevated boardwalk.
Following City Council’s adoption of the Mitigated Negative Declaration in June 2022, staff submitted permit applications to the California Coastal Commission (CCC), California Department of Fish and Wildlife (CDFW), US Army Corps of Engineers (USACE), and the Regional Water Quality Control Board (Water Board). USACE and the Water Board replied that no permits are needed through either agency and no further action needs to be taken. CDFW has not yet reviewed the City’s submitted application, but it is anticipated that their comments, if any, will not create significant additional work during design. The CCC conditionally approved the City’s Coastal Development Permit application at its December 2022 meeting and provided special conditions that must be met prior to the issuance of a permit for construction. These special conditions include detailed, site-specific environmental protection and mitigation measures that must be incorporated into the design. As the permitting phase is nearing completion, staff is requesting approval of three task orders to begin the necessary final design work. All CCC special conditions are included in the scope of work with the most appropriate consultant. 1 January 23, 2023 Item 05
City Council Agenda Report
Engineering Design Services for Del Mar Riverpath Extension Phase 3 January 23, 2023
Michael Baker International (MBI) has provided preliminary engineering services throughout the permitting process under its as-needed professional services agreement.
Staff recommends issuing MBI a $97,300 Task Order to complete the engineering design services. Work will include preparation of a biddable set of construction drawings, specifications, estimate of probable cost, grading plans, and construction Best Management Practices (BMPs). The proposed MBI Task Order is included with this agenda report as Attachment A, including MBI’s detailed scope of work and fee as Exhibit A to Attachment A.
Barnett Quality Control Services, dba NOVA Services (NOVA) will complete the required geotechnical borings and analysis of soil samples under its current as-needed geotechnical services agreement. A report will be submitted detailing the site conditions and providing recommendations to incorporate into the final design. The proposed $27,014 Task Order is included with this agenda report as Attachment B, including the detailed scope of work and fee as Exhibit A to Attachment B.
Currently, the City has a task order with HELIX for environmental consulting work related to this project. In order to complete the necessary environmental work included in the CCC special conditions, HELIX provided a scope and fee to amend their Task Order in the amount of $29,218. The proposed Task Order Amendment is included as Attachment C, with the detailed scope of work and fee included as Exhibit A to Attachment C.
If these Task Orders are approved, design is expected to be completed by July 2023, and construction bidding could begin in August 2023. However, this schedule is contingent on the City procuring an easement from a private property owner whose vacant property underlies approximately 160 feet of the proposed trail. Unfortunately, staff’s ongoing efforts to make contact with the out of area vacant property owner have been unsuccessful to date, and the City Attorney’s office is advising staff on options to continue moving the project forward if the property owner cannot be reached. It is staff’s priority to resolve this issue and keep the project on track with the goal of beginning construction in September 2023. Construction activities are expected to take approximately five months and be completed in February 2024, when bird-nesting season restricts construction activity.
PRIOR CITY COUNCIL REVIEW:
On July 25, 2022, the City Council approved an amendment for HELIX Environmental to provide permitting support and additional environmental tasks.
On June 6, 2022, the City Council approved a Conditional Use Permit and Adopted a Mitigated Negative Declaration (MND) for the project.
On November 15, 2021, the City Council approved an amendment to the existing Task Order with HELIX Environmental to revise environmental documents to include on-site 2 January 23, 2023 Item 05
City Council Agenda Report
Engineering Design Services for Del Mar Riverpath Extension Phase 3 January 23, 2023
mitigation at the newly acquired San Dieguito River Valley Conservancy (SDRVC) parcels.
On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $150,000 for this Project in Fiscal Years 2021-2022 and 2022-2023.
On November 9, 2020, the City Council authorized the acceptance of $40,000 in funding from various donors for this Project.
On August 3, 2020, the City Council authorized the acceptance of $50,000 from the Del Mar Foundation for this Project.
On September 9, 2019, the City Council authorized the acceptance of $30,000 from the Malk Nature Fund with the San Dieguito River Valley Conservancy, $15,000 received by the City in Fiscal Year 2019-2020.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available (as summarized in Table A) in the Fiscal Year 2022-2023 Operating and Capital Budget to perform the Task Order.
Table A: Project Funding Sources
PROJECT ACCOUNT AMOUNT
FY 2021-2022 Carryover 21.7000.7007 $ 100,031
FY 2022-2023 Appropriation 21.7000.7007 $ 150,000
Total Funding: $ 250,031
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.
ATTACHMENTS:
Attachment A – MBI Task Order
Exhibit A to Attachment A – Engineering Scope of Work for Riverpath Phase 3 Attachment B – Barnett/NOVA Services Task Order
Exhibit A to Attachment B – Geotechnical Scope of Work for Riverpath Phase 3 Attachment C – HELIX Environmental Task Order Amendment Exhibit A to Attachment C – Environmental Scope of Work for Riverpath Phase 3 3 January 23, 2023 Item 05
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 23, 2023 ATTACHMENT A
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE RIVERPATH PROJECT PHASE 3 – ENGINEERING DESIGN SERVICES FOR FINAL DESIGN (ACCOUNT 21.7000.7007) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2023.
Consultant shall execute tasks related to the Riverpath Project Phase 3, as described in the Consultant’s proposal dated January 6, 2023, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $97,300. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and (858) 375-9533.
Please sign and return an original copy of this Task Order to Nestor Machado, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].
Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Exhibit A: MBI - Engineering Design Scope of Work for Riverpath Phase 3 Final Design 4 January 23, 2023 Item 05
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
January 12, 2023
Joe Bride
Public Works Director / City Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Del Mar River Path Extension – Phase 3 Final Design Dear Joe:
Pursuant to your request, the Michael Baker International team is pleased to provide you with this proposed scope of services and fee estimate for the above-mentioned project.
Below is a summary breakdown of the tasks we would undertake to prepare the final construction package for the Del Mar River Path Extension, Phase 3. A detailed scope of services is attached, and fee estimate is provided below.
Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 858-442- 5597.
Sincerely,
Tim Thiele, PE
Contract Manager
5 January 23, 2023 Item 05
City of Del Mar
January 12, 2023
Del Mar River Path Extension – Phase III Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Del Mar River Path Extension Project – Phase III Project Understanding
The City of Del Mar River Path currently runs adjacent to San Dieguito Drive and terminates at the Grand Avenue Overlook (Phase 2 limits). Following California Coastal Commission (CCC) staff approval, the City is moving forward with the Phase 3 extension of the River Path from the Grand Avenue Overlook to the Del Mar City boundary located at the intersection of San Dieguito Drive and Racetrack View Drive.
The CCC staff report outlined the special conditions needing to be satisfied prior to construction of the river path extension. Michael Baker International will address the engineering and survey/mapping special conditions outlined in the staff report and the following provides the tasks needed to complete this scope of work.
Scope of Services
This scope has been prepared in response to the City’s request for Michael Baker International to provide final construction documents (plans, specifications, and estimate) and supporting reports for the construction of Phase 3 of the Del Mar River Path Extension.
Task 1: Survey and Mapping
Pursuant to CCC Staff Report, Special Condition 6, conservation easements will be processed for habitat mitigation for the following properties;
• APN: 299-072-21
• APN: 299-072-20
Pursuant to CCC Staff Report, Special Condition 7, public access easements will be processed for river path construction for the following properties; • APN: 299-201-07
• APN: 299-200-72
This task includes budget for finalizing plats and legal descriptions for the 4 required easements at the properties outlined above to support the City right-of-way acquisitions. The scope assumes that negotiation and right-of-way acquisition, including recording of documents will be undertaken by the City. Budget is included in this task for monument surveys and map research/analysis of the project site and proposed easement locations.
Task 2: Hydrology and Hydraulic Analysis
A Hydrology and Hydraulic Analysis Report will be prepared to support the final construction document submittal. The report will be developed using appropriate methods as dictated by the latest San Diego County Hydrology Design Manual and the San Diego County Hydraulic Design Manual.
The Hydrology section will analyze the 100-year storm event for the existing and proposed conditions. The analysis may be prepared using either 1D or 2D analysis, whichever method is 6 January 23, 2023 Item 05
City of Del Mar
January 12, 2023
Del Mar River Path Extension – Phase III Page 2
best suited to the topography and the quality of input data. The results of the hydrology analysis will be documented through drainage maps, calculations, and summaries for existing and proposed condition. Per the CEQA drainage study, it is anticipated that any increase in runoff resulting from the path improvements will have a less than significant impact and no additional storm drain infrastructure will be required.
The Hydraulic section will analyze the proposed storm drain system and the existing storm drain system downstream of the site, if applicable. The project anticipates no diversion between existing and proposed condition.
Task 3: Water Quality Analysis
An Intake Form and Standard Stormwater Quality Management Plan will be prepared for the proposed path improvements in accordance with the latest San Diego Region MS4 Permit and County of San Diego BMP Manual requirements. This scope assumes the project will be designated as PDP-Exempt as the improvements are limited to a pedestrian path/trail per County of San Diego BMP Design Manual section 1.4.3.
Task 4: Civil Design Plans
This task will be updating the civil design plans for the proposed river path improvements to be final construction documents as outlined in the CCC Staff Report, Special Condition 1. The limits of improvements will be the proposed River Path along the north side of San Dieguito Drive from the Phase II limits at the Grand Avenue Lookout to the City of Del Mar city limits at Racetrack View Drive. Additionally, a final grading improvement plan and erosion control plan will be provided for the 2 habitat mitigation parcels located adjacent to San Dieguito Drive, northwest of the Grand Avenue overlook as outlined in CCC Staff Report, Special Condition 2.
Minor changes to the path alignment and profile are anticipated in order to avoid impacts to the existing roadway pavement and guardrail. Cross sections are to be designed and provided at 50- foot intervals along the proposed path. Traffic control & staging plans will also be provided as outlined in Special Condition 1. 2 phases of traffic control are assumed; each requiring 1 lane closure with flagger control. Minor updates to the title sheet, construction details, and BMP plans are included in this task.
Milestone submittals are assumed to be at the 90% and 100% completion stages for City review.
The following plan sheet groups are anticipated to be included in this set; • Title Sheet, General Notes, and Key Map (1)
• Construction Details (1)
• Improvement Plan and Profile (5)
• Design Cross Sections (every 50-ft along path centerline) (11) • Construction BMP Plans (3)
• Traffic Control Plans (2)
This scope includes addressing two (2) plan-check cycles, a final submittal and a response to comments matrix.
Task 5: Construction Cost Estimate
An Opinion of Probable Construction Costs based on the Construction Documents. The construction cost estimate will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. Unit costs will be based on the most current cost information from recent, similar projects compiled by MBI using California Prevailing Wage. 7 January 23, 2023 Item 05
City of Del Mar
January 12, 2023
Del Mar River Path Extension – Phase III Page 3
Task 6: Project Specifications
Special Provisions portions of the construction specifications suitable for bidding and awarding of the Contract for the improvements designed by MBI. The specifications will be prepared in the 2021 “Greenbook” Standard Specifications for Public Works Construction format. MBI will submit the specifications in Microsoft Word format.
Task 7: Project Management
MBI will provide general project management and project correspondence for the project with monthly progress reports during project design phases or active months thereafter, including a description of work complete, a description of work remaining, and a summary of expenditures to date. Also included are typical project correspondence and communications for an assumed six months.
MBI shall meet with and coordinate items related to the scope of work with the City Public Works Department and design team members through concept and design phase of project. This item shall include preparing meeting agendas, organizing the meetings, and preparing meeting minutes as appropriate. A total of up to two (2) meetings are assumed in this scope.
Assumptions Used in Scope Development
• All environmental and landscaping conditions as outlined in the CCC staff report, special conditions 2, 3, 4 and 9 will be completed by Helix Environmental Planning per separate contract with the City with the exception of the final grading and construction BMP plans for the 2 habitat mitigation parcels as outlined in special condition 2, which will be completed by Michael Baker and included in the final plan set • The geotechnical report supporting the design of the project will be completed per separate contract with the City.
• Permits from the United States Army Corps of Engineers (USACE) or the San Diego Regional Water Quality Control Board will not be required for this project. • Permit requirements from California Department of Fish and Wildlife (CDFW) are unknown at this time. If required, changes to the above scope of work resulting from CDFW permitting requirements will be scoped once these requirements are known. • Permitting services and permitting support consultation is not included, including, but not limited to, discretionary permitting, CEQA, and studies in relation to environmental assessments or CEQA.
• No meetings with individual property owners are included in this scope of work. • Undergrounding of SDG&E utilities and removal of power poles along San Dieguito Drive adjacent to the project will occur prior to commencement of the services described herein.
• The existing guardrail along San Dieguito Drive adjacent to the project is proposed to be protected in place.
• Following existing monument research, it is assumed no existing found monuments will be impacted by construction of the river path, therefore, no monument preservation is included in this scope of work.
8 January 23, 2023 Item 05
City of Del Mar
January 12, 2023
Del Mar River Path Extension – Phase III Page 4
• City will take the lead on bidding the project for construction. Bidding support services are not included in the scope described herein.
• Acquisition of right-of-way and/or Temporary Construction Easements (TCE) as well as acquisition consultation services are not included
Cost Estimate
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:
ITEM WORK TASK FEE
Task 1 Survey and Mapping ................................................................................. $24,000 Task 2 Hydrology and Hydraulic Analysis ............................................................... $7,700 Task 3 Water Quality Analysis ................................................................................ $4,700 Task 4 Civil Design Plans ..................................................................................... $44,300 Task 5 Construction Cost Estimate ......................................................................... $3,300 Task 6 Project Specifications .................................................................................. $6,300 Task 7 Project Management ................................................................................... $7,000 COST ESTIMATE TOTAL $97,300
9 January 23, 2023 Item 05
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 23, 2023 ATTACHMENT B
NOVA Services, Inc. SENT VIA EMAIL
Attn: Danny J. Barnett / Andrew Neuhaus
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
[email protected] / [email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE RIVERPATH PROJECT PHASE 3 – GEOTECHNICAL SERVICES FOR FINAL DESIGN (ACCOUNT 21.7000.7007) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Consultant), the term for which is November 19, 2022, to November 19, 2025.
Consultant shall execute tasks related to the Riverpath Project Phase 3, as described in the Consultant’s proposal dated January 4, 2023, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $27,014. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and (858) 375-9533.
Please sign and return an original copy of this Task Order to Nestor Machado, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].
Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date David J. Barnett Date
City Manager President
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Exhibit A: Barnett/NOVA - Geotechnical Scope of Work for Riverpath Phase 3 Final Design 10 January 23, 2023 Item 05
GEOTECHNICAL
MATERIALS
SPECIAL INSPECTION DVBE SBE SDVOSB SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
www.usa-nova.com 944 Calle Amanecer, Suite F
San Clemente, CA 92673
P: 949.388.7710
Mr. Joe Bride, Public Works Director/City Engineer January 4, 2022 City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, California 92014
Subject: Proposal for Geotechnical Investigation
River Path Del Mar – Phase 3
San Dieguito Drive
Del Mar, California
Dear Joe:
NOVA Services, Inc. (NOVA) is pleased to present this proposal to perform a geotechnical investigation for the San Dieguito River Valley Conservancy’s (SDRVC) Del Mar River Path – Phase 3 project. The project site is located north of and adjacent to San Dieguito Drive between the Grand Avenue Overlook and the Crest Canyon Trail in Del Mar, California. The project will consist of the design and construction of approximately 2,000 linear feet of decomposed granite (DG) pathways and raised boardwalks supported on diamond piles. In preparing this proposal, NOVA has discussed the project with you and reviewed relevant geologic maps and project documents.
SCOPE OF WORK
The purpose of our services will be to address the geotechnical issues of the proposed development.
Specifically, our scope of work will consist of the following:
• Reviewing relevant geologic maps and other readily available literature pertinent to the geotechnical conditions at the site.
• Coordinating site access with you and SDRVC personnel. • Obtaining a geotechnical boring permit from the County of San Diego Department of Environmental Health and Quality (DEHQ).
• Marking the boring locations in accordance with Underground Service Alert (USA) requirements.
• Hiring a private utility locator to mark potential subsurface conflicts at the boring locations. • Drilling up to three borings to depths of about 20 feet bgs or practical refusal, whichever is shallower, using a truck-mounted drill rig equipped with a hollow-stem auger. A NOVA geologist will log the borings and obtain samples for examination and laboratory testing. • Drilling five borings to depths up to about 8 feet bgs or practical refusal, whichever is shallower, using hand tools.
11 January 23, 2023 Item 05
Proposal for a Geotechnical Investigation
River Path Del Mar – Phase 3, San Dieguito Drive
Del Mar, California
January 4, 2023
2 • Logging the subsurface conditions encountered in the borings, including groundwater and/or seepage, as well as characterization of the subsurface materials encountered in the boring locations.
• Collecting soil samples from the material encountered in the borings. • Backfilling the borings in accordance with DEHQ permit requirements. • Performing laboratory tests on selected soil samples.
We will prepare a report that includes a subsurface investigation map, boring logs, and laboratory test results. We will submit an electronic copy of the report. The report will provide applicable conclusions and recommendations regarding:
• Subsurface conditions beneath the site, including groundwater levels if encountered • Potential geologic hazards
• Criteria for seismic design in accordance with 2022 CBC • Site preparation and grading
• Excavation characteristics
• Suitability of on-site materials for use as backfill
• Appropriate recommendations for foundations
• Support for concrete slabs-on-grade
• Anticipated settlement values
• Corrosion potential
• DG pavement section recommendations
Please note that it is anticipated that the project site and subsurface materials are free of environmental contamination or pollution. The scope and fee presented herein do not include assessment, sampling, analysis, or management of suspected contaminated materials. However, unexpected conditions can always arise. Should we encounter soil or groundwater that is suspected to be contaminated, either because of odors, colors, free liquids, or other suspicious conditions, we will immediately notify the client. The client should take necessary initial measures to protect workers, the site, and other personnel.
Please note that conceptual locations for permanent stormwater infiltration Best Management Practices (BMPs) are not known at this time. The City of Del Mar may require ‘design-phase infiltration testing’ when BMP locations are finalized by the civil engineer. If required, ‘design-phase infiltration testing’ can be completed at that time and a cost will be provided. Additionally, this proposal assumes that a site-specific ground motion hazard analysis is not needed. An optional cost is included to provide this service if necessary.
12 January 23, 2023 Item 05
Proposal for a Geotechnical Investigation
River Path Del Mar – Phase 3, San Dieguito Drive
Del Mar, California
January 4, 2023
3 SCHEDULE
We will begin our investigation as soon as notice to proceed is received. We will mark the boring locations and notify Underground Service Alert (USA). USA requires 48-hour notice before drilling can start. We will also hire a private utility locator. We anticipate that the fieldwork can be completed within two weeks of the notice to proceed. Laboratory testing and the final report can be completed within four to five weeks of completing the fieldwork.
FEE ESTIMATE
We will provide the outlined geotechnical investigation scope of work for a lump-sum fee of $24,434.
Design development tasks are services that NOVA provides after the geotechnical report has been completed, such as responding to City review comments, design team meetings, answering questions from the design team, and reviewing plans and specifications. For this project, design development services are estimated to be about $2,580 and will be billed on a time and materials basis. Table 1 below presents a breakdown of the fee.
The cost of our services may exceed this estimate if unanticipated conditions are encountered that would warrant additional investigation or analysis, or if the proposed plans are changed from our previously stated understanding of the project.
Table 1. Fee Estimate
FEE ITEM COST
Geotechnical Investigation – Fixed Fee $ 24,434.00
Design Development Services – Time & Materials $ 2,580.00 Total Contract Amount: $ 27,014.00
OPTIONAL Site-Specific Ground Motion Hazard Analysis – Fixed Fee $ 1,000.00
BILLING SCHEDULE
NOVA will bill $11,000 upon the completion of the subsurface exploration. The remainder of the fees will be billed and payable following submittal of the report.
AUTHORIZATION
This proposal is valid for 90 days. NOVA will accept authorization to proceed upon approval of this proposal and receipt of the task order signed by an officer of the City. In turn, we will send you a fully executed copy for your records.
13 January 23, 2023 Item 05
Proposal for a Geotechnical Investigation
River Path Del Mar – Phase 3, San Dieguito Drive
Del Mar, California
January 4, 2023
4 CLOSURE
NOVA appreciates the opportunity to prepare this proposal and we look forward to working with you on this project. If you have any questions, please contact me at 619.922.6889.
Sincerely,
NOVA Services, Inc.
Andrew K. Neuhaus, PG, CEG
Senior Engineering Geologist
Distribution: Joe Bride via email at [email protected] 14 January 23, 2023 Item 05
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 23, 2023 ATTACHMENT C
HELIX Environmental Planning, Inc. SENT VIA EMAIL
Attn: Thomas Liddicoat
7578 El Cajon Blvd.
La Mesa, CA 91942
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE RIVERPATH PROJECT PHASE 3 – ADDITIONAL ENVIRONMENTAL SERVICES FOR FINAL DESIGN (PO#58-00470)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and HELIX Environmental Planning, Inc. (Consultant), the term for which is October 1, 2021 to September 30, 2024.
Consultant shall execute tasks related to the Riverpath Project Phase 3, as described in the Consultant’s proposal dated January 12, 2023 and included as Exhibit A to this Task Order. The project cost for this task order shall not exceed $29,218. The project schedule shall commence upon execution of this Task Order and be completed, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and (858) 375-9533.
Please sign and return an original copy of this Task Order to Nestor Machado, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].
Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Andrea S. Bitterling Date
City Manager Planning Division Manager
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Exhibit A: HELIX Environmental Scope of Work for Riverpath Phase 3 15 January 23, 2023 Item 05
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
January 12, 2023 01197.00002.003
Ms. Adriana Jaramishian
Ms. Karen Falk
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
SUBJECT: Additional Environmental Consulting Services for the River Path Extension Project – Phase III (PO Number 58-00470)
HELIX is submitting this request for a contract amendment to the original Purchase Order (PO) Number 58-00470 dated October 28, 2020 between HELIX Environmental Planning, Inc. (HELIX) and the City of Del Mar Department of Public Works (City) for the City’s River Path Extension Phase III Project (Project).
The services presented in this augment are intended to help the City fulfill the California Coastal Commission (CCC) Special Conditions (SC) for the Project; specifically, SC #2 (Habitat Mitigation Monitoring Plan), #3 (Habitat Monitoring Plan), #4 (Landscape Plan), and #9 (Cultural Resources Treatment and Monitoring Plan) prescribed in the CCC Staff Report dated November 30, 2022.
As discussed with the City, this augment proposes to replenish the contingency fund and to reallocate remaining budgets from tasks that have already been completed into the on-going and proposed tasks, to the extent feasible. However, reallocation does not fully cover compensation of the efforts. Remaining budgets and additional funding proposed is presented in the attached scope of work and cost breakdown below. Ultimately, of the $31,021.74 remaining, $21,000.00 is proposed for reallocation towards the forthcoming scope. Thus, the total requested under this augment is $29,218.38.
SCOPE OF WORK (Please see Pages 4 and 5)
COST (Please see table on Page 2)
16 January 23, 2023 Item 05
Contract Augment to Ms. Adriana Jaramishian Page 2 of 5 January 12, 2023
CURRENT CONTRACT TOTAL $199,732.66
Task
No. Task Name
Authorized
Budget $
Remaining
Budget $
Budget
Requested $
1 Project Initiation and Project Description 3,895 (1.25) 0 2A Aesthetics (Visual Simulations) 11,255 2.00 0
2B Air Quality and Greenhouse Gas Emissions 6,000 1,368.75 0 2C Biological Resources 16,820 40.97 0
2D Cultural Resources 7,180 1,648.17 0
2E Geotechnical 6,600 907.00 0
2F Hydrology and Water Quality 15,345 1,116.39 0
2G Noise 7,000 298.20 0
3 Draft IS/MND 22,345 12.50 0
4 Final IS/MND 10,575 29.52 0
5 Regulatory Permitting 13,500 7,228.75 0
7 Project Management and Meetings 11,610 1.05 2,050.00
9 Focused Protocol Surveys 18,500 5,624.69 0
10 Coastal Development Permit Assistance 4,000 4,000.00 0 11 Jurisdictional Delineation 9,700 225.88 0
12 Mitigation Assessment and Conceptual Design 6,200 2,458.75 0 13 Habitat Mitigation and Monitoring Plan 10,500 5,098.75 4,485.00 14 Cultural Resources Treatment and Monitoring Plan 0 0 3,755.00 15 Landscape Plan 0 0 30,890.00
99 Contingency 18,707.66 961.62 9,038.38
TOTAL $199,732.66 $31,021.74 $50,218.38
Proposed Re-allocation ($21,000.00) ($21,000.00)
TOTAL with Re-allocation $10,021.74 $29,218.38
TOTAL REVISED CONTRACT $228,951.04
Sincerely,
Karl Osmundson
Principal Biologist/Biology Group Manager
17 January 23, 2023 Item 05
Contract Augment to Ms. Adriana Jaramishian Page 3 of 5 January 12, 2023
I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and current Schedule of Fees.
___________________________
(Client)
By: ___________________________
Name
Title
Date: ___________________________
18 January 23, 2023 Item 05
Contract Augment to Ms. Adriana Jaramishian Page 4 of 5 January 12, 2023
SCOPE OF WORK
Task 7 Project Management and Meetings. Based on the additional forthcoming services for the Project, HELIX anticipates on-going collaboration with the City and the Project will continue.
Thus, the augment for this task includes an additional 10 hours total for HELIX Senior Biology Project Manager time to work with the City and Project team to complete the services under this augment.
Task 13 Habitat Mitigation and Monitoring Plan. HELIX will update the draft Habitat Mitigation and Monitoring Plan (HMMP) for the Project to incorporate the additional elements prescribed by CCC SC #2 and SC #3. These additional elements include but are not limited to: baseline assessments and descriptions for the mitigation site and the approved reference sites, sealevel rise monitoring, wildlife usage monitoring, hydrology monitoring, adaptive management for sea-level rise, invasive plant removal methods, grading and erosion control methods/techniques, and additional installation and monitoring reporting requirements. A draft of the HMMP will be submitted to the City for review and HELIX will revise the draft based on a single set of comments provided by the City. The revised draft will be provided to the City for City submittal to the CCC for review and approval. HELIX will revise the HMMP based on a single set of minor comments provided by CCC, if needed, and will submit the final HMMP to the City for City submittal to CCC.
Task 14 Cultural Resources Treatment and Monitoring Plan. Per SC #9, HELIX will prepare a Cultural Resources Monitoring Plan (CRMP) that addresses the details of all project monitoring activities and provides procedures for the protection of any cultural resources that are present on the site and could be impacted by the project as well as addressing potential impacts to undiscovered buried cultural deposits. Similar to Task 13 above, a draft CRMP will be submitted to the City for review; after corresponding revisions are made, a revised draft will be prepared for CCC review and approval. In total, HELIX will respond to up to two total rounds of comments or revisions from the City and the CCC; additional CRMP comments or revisions will require a contract change order.
Task 15 Landscape Plan. As a subconsultant to HELIX, SWA Group will prepare a landscape plan (Plan) for the Project in accordance with the CCC SC #9. The Plan will incorporate full-size sheet drawings reflecting the Project mitigation site (per SC #9) as well as landscaping for the temporary construction impact areas along the decomposed granite (DG) trail segments. The Plan for the mitigation site will be consistent with the information described in the Project’s Habitat Mitigation and Monitoring Plan prepared by HELIX; whereas, the temporarily impacted areas along the DG trail will reflect the pre-project vegetation; unless non-native or unvegetated, for which the post-construction landscaping proposed in such areas would be comprised of appropriate native species. The Plan will include planting schemes, plant species palettes, soils plans, irrigation plans, and associated specifications. This task includes up to 20 hours total for HELIX Senior Biologist and Senior Project Manager time for coordination with SWA Group, the City, and the Project team on accuracy/consistency review of the Plan, the HMMP, and associated grading plans (prepared by others). A draft of the Plan will be provided 19 January 23, 2023 Item 05
Contract Augment to Ms. Adriana Jaramishian Page 5 of 5 January 12, 2023
to the City for review and SWA will revise the draft based on a single set of comments provided by the City. The revised draft will be provided to the City for City submittal to the CCC for review and approval. SWA will revise the Plan based on a single set of minor comments provided by CCC, if needed, and will provide the final Plan to the City for City submittal to CCC.
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this augment. • Terms, assumptions, and limitations presented in the original contract PO 58-00470 remain in effect.
• Costs associated with public meetings, surveys/reporting/analysis/monitoring not specifically described above, mitigation site conservation easement preparation, long-term management endowment estimate, or other (“additional work”) are not included within the scope of services required of HELIX under this augment.
• Task 13 assumes the following: CCC SC #2 (Habitat Mitigation and Monitoring Plan) and CCC SC #3 (Habitat Monitoring Plan) will be combined into one document (i.e., separate plans not required) and will be acceptable by CCC; the preserved portions of the project and/or mitigation site or immediately adjacent areas will be approved as the reference site/s; the engineering/grading and erosion control plans will be prepared by others; and the HMMP will not include the native plant landscaping associated with the temporary impact areas along the DG trail.
• Paleontological resources will be discussed in the Cultural Resources Treatment and Monitoring Plan provided under Task 14 discussed in this augment. Based on the Final MND determination of low potential for impacts to Paleontological Resources at the project site, HELIX assumes that a separate stand-alone Paleontological Resources Treatment Plan is not required. If such is requested, a contract augment would be required.
• This augment assumes that no hard copies of deliverables to the City, CCC, or other regulatory agencies are necessary. Submittals will include electronic (.pdf) copies of deliverables for review, as applicable. HELIX will respond to up to two total rounds of comments or revisions from the City, CCC, or other regulatory agency. Electronic versions of the final documents will be provided to the City. If the City, CCC, or other regulatory agency has additional comments or requests revisions beyond the labor allocated in this scope, those revisions are not included and would require a contract augment, for which the level of effort would be determined after a review of the comments received.
20 January 23, 2023 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Council Member Dwight Worden, Council Liaisons to the Parks and Recreation Committee
Prepared by Nestor Machado, Management Analyst
DATE: January 23, 2023
SUBJECT: Parks and Recreation Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council re-appoint Mary Friestedt as a voting member of the Parks and Recreation Committee to serve a second full three-year term starting February 3, 2023, and ending on February 28, 2026.
DISCUSSION/ANALYSIS:
The Parks and Recreation Committee (Committee) was established to advise the City Council on matters related to City parks and open space lands, recreation facilities, trails, and scenic preserves, and to plan for specific development of Del Mar’s open space. The Committee’s work plan includes reviewing the City’s need for park and recreation facilities; reviewing the guidelines governing the use and enjoyment of public parks and open space lands; making recommendations to City staff regarding the efficient and adequate maintenance of City parks and open space lands; and reviewing the guidelines governing the use of the City’s trails and Adopt-a-Spot Program. The Committee consists of seven voting members serving three-year terms. One member may be a non-resident.
There are two upcoming vacancies on the Committee due to John Peterson’s term expiration on February 1, 2023, and Mary Friestedt’s term expiration on February 2, 2023. City staff advertised the vacancies, and one Citizen Interest Form was received during the recruitment period from Mary Friestedt (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council re-appoint Mary Friestedt as a voting member for a second full three-year term effective February 3, 2023, and ending on February 28, 2026.
If the recommended appointment is approved by the City Council, the Committee will have one remaining vacancy. The Council Liaisons asked staff to continue the recruitment to fill the upcoming vacancy due to John Peterson’s term expiration. A copy of the current Committee roster is included as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Forms
Attachment B – Current Parks and Recreation Committee Roster 1 January 23, 2023 Item 06
Attachment A 2 January 23, 2023 Item 06
Attachment A 3 January 23, 2023 Item 06
Attachment A 4 January 23, 2023 Item 06
Attachment A 5 January 23, 2023 Item 06
Attachment A 6 January 23, 2023 Item 06
Attachment A 7 January 23, 2023 Item 06
City of Del Mar
Parks & Recreation Committee
Appointing Authority City Council
John Peterson
2nd Term May 02, 2017 - Feb 01, 2023
Appointing Authority City Council
Mary E. Friestedt
1st Term Feb 20, 2018 - Feb 02, 2023
Appointing Authority City Council
Position Secretary
Felise B Levine
1st Term Feb 05, 2018 - Jan 01, 2024
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Position Vice Chair
Arlene Prater
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Position Chair
Mac McLoughlin
2nd Term Sep 06, 2022 - Sep 30, 2025
Appointing Authority City Council
Marco Bruderer-schwab
1st Term Oct 04, 2022 - Oct 31, 2025
Board Roster
Parks & Recreation Committee Page 1 of 1
Attachment B 8 January 23, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Council Members Dwight Worden and Dan Quirk, Liaisons to the Lagoon Committee
Prepared by Nestor Machado, Management Analyst
DATE: January 23, 2023
SUBJECT: Lagoon Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Lagoon Committee recommend that the City Council reappoint Julie Kawasaki to the Lagoon Committee as a voting member to serve a second full three-year term starting February 1, 2023, and ending on February 28, 2026.
DISCUSSION/ANALYSIS:
The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Los Penasquitos Lagoons located in the City of Del Mar, as well as any actions outside the City of Del Mar that impact the lagoons.
The Committee participates at both the local and regional level. Regionally, the Committee coordinates with the activities of the San Dieguito River Valley Joint Powers Authority (JPA) and monitors the lagoon’s restoration plan. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest.
The Committee also monitors and comments on any and all developments that may impact the lagoons.
There is currently one upcoming vacancy on the Committee due to Julie Kawasaki’s term expiration on January 31, 2023. City staff advertised the vacancy, and two Citizen Interest Forms were received during the recruitment period from Julie Kawasaki and Jeffrey Barnouw (Attachment A). The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council re-appoint Julie Kawasaki for a second full three-year term effective February 1, 2023, and ending on February 28, 2026.
If the recommended appointment is approved by the City Council, the Committee will maintain a full roster. A copy of the current Committee roster is included as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Forms
Attachment B – Current Lagoon Committee Roster
1 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Kawasaki Julie A
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee X Lagoon Committee Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):
I am a current member of the Lagoon Committee and served as chair for one year.
Education:
BA in Sociology and Masters in Social Work.
Attachment A 2 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):
I have participated in subcommittees with the Lagoon Committee and volunteer activities with WildCoast, beach clean ups and ranger station walks. I am a representative for the Lagoon Committee with the CAC.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Lagoon Committee (expiring 1/31/2023)
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference:
NAME STREET NAME (no house
number)
Phone Number
Ellie Haviland Rimini Rd.
Tim Haviland Rimini Rd.
Shirley King Avenida Primavera
Residency
Month Year
I have been a resident of California since: September 1972 I have been a resident of San Diego County since: June 2015 I have been a resident of Del Mar since: June 2015
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No
6 th Cycle Housing Element Ad-Hoc Citizens Task Force 1/2020 -7/2020 Lagoon Committee Jan 2019-2023
Attachment A 3 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? Attachment A 4 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why? Attachment A 5 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.
Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
I am interested in preserving natural spaces in Del Mar, making the area a robust natural habitat for wildlife and learning more about ways to enhance the lagoon beyond what it is now. I am also interested in sharing my interest with the community at large and creating opportunities for learning.
Attachment A 6 January 23, 2023 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. ________ 1/6/2023______________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
Attachment A 7 January 23, 2023 Item 07
Attachment A 8 January 23, 2023 Item 07
Attachment A 9 January 23, 2023 Item 07
Attachment A 10 January 23, 2023 Item 07
Attachment A 11 January 23, 2023 Item 07
Attachment A 12 January 23, 2023 Item 07
Attachment A 13 January 23, 2023 Item 07
City of Del Mar
Lagoon Committee
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
Appointing Authority City Council
Position Chair
Jill E. Gartman
1st Term Nov 19, 2019 - Nov 19, 2023
Board Roster
Lagoon Committee Page 1 of 2
Attachment B 14 January 23, 2023 Item 07
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
Appointing Authority City Council
Position Secretary
Office/Role Secretary
Karen F Lare
2nd Term Oct 18, 2022 - Oct 31, 2025
Lagoon Committee Page 2 of 2
Attachment B 15 January 23, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 23, 2023
SUBJECT: Resolution to Extend the Forbearance Period Related to Existing Nonconforming Short Term Rentals
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt a Resolution (Attachment A) to extend the City’s existing Short Term Rental (“STR”) enforcement forbearance, which will defer enforcement action against qualifying STR operations for two years until January 23, 2025, while new regulations are being evaluated and processed for adoption.
DISCUSSION/ANALYSIS:
In March 2022, the City Council identified that the City Council priority special project for creation of new STR regulations would be resumed in FY 2022-23 and completed by FY 2023-2024. STR’s are generally defined as visitor accommodation (commercial activity) in a dwelling unit where the unit as a whole is rented for less than 30 consecutive days.
The City is in the process of collecting data on baseline STR conditions, which will result in a new draft STR ordinance that will be presented to the City Council for adoption in 2023. To provide time for the City to collect data, consider regulatory options, and prepare and process an ordinance to address STRs, it is recommended that the City Council adopt the Resolution in Attachment A extending the existing enforcement forbearance. The extension will allow qualifying STR operations to temporarily continue if the owner can provide evidence that the STR was operational prior to April 4, 2016.
Until new regulations are adopted and become effective, new STR’s are an allowed use under the following circumstances:
If they are located in Residential-Commercial (RC) zone, North Commercial (NC) zone, Professional Commercial (PC) zone, and Visitor-Commercial (VC) zone; If within a dwelling unit that is developed accessory to a commercial development in the Central Commercial (CC); and
1 January 23, 2023 Item 08
City Council Agenda Report
Extension of STR Forbearance
January 23, 2023
As provided for by development entitlement (i.e., Wave Crest Time Shares, Hotel Specific Plan, and 941 Camino Del Mar Specific Plan).
This present action is in response to several historic California Coastal Commission (CCC) actions, legal challenges, and enforcement considerations. The Del Mar City Council adopted Ordinance 934 on November 6, 2017, to establish new STR regulations.
Pursuant to the California Coastal Act, the City is required to submit its zoning ordinances (that would amend the City’s Local Coastal Program) to the CCC for certification.
On June 7, 2018, the CCC conditionally certified the City’s STR Ordinance. The City processed an extension; however, the CCC’s conditional approval expired on December 13, 2019 while the City was waiting for final resolution of pending litigation. On February 7, 2021, the court dismissed the final pending case (City of Del Mar v. California Coastal Commission) because the CCC’s conditional certification approval had expired. As a result, the City must process and obtain City Council approval of a new ordinance and submit the adopted ordinance to the CCC for certification.
Due to the timing of the final court decisions rendered during the COVID 19 pandemic, it was necessary for the City Council to postpone work on the new STR ordinance and direct its limited resources to address only the highest priority public health and safety issues and legal mandates. As previously mentioned, the City Council has since identified in March 2022 that data collection and preparation of an ordinance creating new STR regulations would be resumed in FY 2022-23 and completed by FY 2023-2024. City staff has continued to coordinate with CCC staff throughout the process and CCC staff is aware of the City’s work plan for extension of the forbearance and preparation and processing of a new ordinance in 2023.
Since Council adoption of STR Ordinance 934 on November 6, 2017, a Council-adopted Forbearance Resolution has been maintained in effect to accommodate qualifying STR operations. The forbearance was initially established by Resolution 2017-71 and has been subsequently extended and consistently applied and enforced as indicated below.
Following is the history of City Council actions that established the forbearance:
April 4, 2016 - The City Council adopted a moratorium on new STRs in residential zones and provided for existing, non-conforming STRs to temporarily continue while new STR regulations are processed.
November 6, 2017- The City Council 1) adopted new STR regulations (Ordinance 934), which effectively ended the moratorium; and 2) through separate action adopted Resolution 2017-71 which established a forbearance period to replace the 2 January 23, 2023 Item 08
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Extension of STR Forbearance
January 23, 2023
moratorium with a similar temporary delay from enforcement and transition period for affected owners to bring their property into compliance.
September 4, 2018 - The City Council approved the first forbearance extension (six month extension) to March 4, 2019 (Resolution 2018-61).
February 11, 2019 - The City Council approved the second forbearance extension (one year extension) to February 11, 2020 (Resolution 2019-09).
February 3, 2020 - The City Council approved the third forbearance extension (one year extension) to February 3, 2022 (Resolution 2020-05).
February 1, 2021 - The City Council approved the fourth forbearance extension (two year extension) to February 1, 2023 (Resolution 2021-04).
As the existing forbearance is set to expire on February 1, 2023, staff recommends that the City Council adopt an additional extension of the forbearance for two years to January 23, 2025. A two-year extension is requested to allow the City sufficient time to prepare a new ordinance via the local ordinance adoption process and get CCC certification.
The proposed forbearance extension Resolution specifies the purpose, timing, and eligibility criteria for the forbearance period; and clarifies that the forbearance period does not confer any type of long-term legal status to non-conforming STRs. In order for existing STR operations to temporarily continue through the forbearance period, owners must be able to demonstrate eligibility to the satisfaction of the City’s Planning & Community Development Director in accordance with at least one of the following:
Fully executed rental agreements within the 12 months prior to April 4, 2016, for three separate STR rentals at the property;
Del Mar business license for STR at the address on the business license; Income tax return for an STR at the property in the 12 months prior to April 4, 2016; Evidence of advertising or contracts showing the owner actively advertised STR business in the 12 month period prior to April 4, 2016; or Similar evidence to prove an STR existed prior to April 4, 2016.
Accommodation of STR operations that existed in residential zones prior to April 4, 2016, has consistently been maintained via City Council action through the adoption and maintenance of a Forbearance policy. The STR Forbearance (established by Council in 2017 and maintained via subsequent extensions by Council Resolution) provides for a delay of enforcement only for existing STR operations established prior to April 4, 2016.
Any newly established STR operations in residential zones in conflict with the STR Forbearance Resolution are subject to code enforcement. 3 January 23, 2023 Item 08
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January 23, 2023
HOUSING IMPACT:
STRs involve commercial use of a dwelling unit that can displace long term housing stock.
Housing Element Program 5C identifies planned action to preserve the City’s existing housing stock, which includes establishing policies and programs to more effectively address and regulate STR use in residential zones as a means to preserve long term housing stock. The requested action is consistent with the City’s Housing Element and is necessary to facilitate implementation of Housing Element Program 5C as a measure to reduce current vacancy rates and increase the use of existing dwelling units for long term housing.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) because CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the purpose of CEQA, there is no change in the baseline environmental conditions as a result of this action.
Extension of the forbearance period will not result in any physical changes to the environment or create significant effects on the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The Regulation of Short Term Rentals special project is a City Council identified priority for completion in FY 2023-2024.
ATTACHMENTS:
Attachment A – Resolution Extending the Forbearance Period 4 January 23, 2023 Item 08
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, TO EXTEND THE EXISTING FORBEARANCE
RELATED TO ENFORCEMENT OF SHORT TERM RENTAL
OPERATIONS
WHEREAS, a Short Term Rental (“STR”) is a commercial activity and is generally defined as a visitor accommodation that is located within a dwelling unit where the dwelling unit is rented in its entirety or a portion thereof for less than 30 consecutive days; and
WHEREAS, the City Council directed that new STR regulations be drafted and implemented as a City Council priority special project and be completed by FY 2023- 2024; and
WHEREAS, the City of Del Mar currently prohibits new STR activity in residential zones where the unit as a whole is rented for less than 30 consecutive calendar days; and
WHEREAS, On April 4, 2016, the City Council adopted a temporary moratorium by Urgency Ordinance that prohibited the use of STR’s on residential properties, unless the owner provides evidence that the STR was established prior to April 4, 2016; and WHEREAS, applicability of the Urgency Ordinance ended on November 6, 2017, when the City Council adopted Ordinance 934 (the “STR Ordinance” with new regulations for STRs) and submitted Ordinance 934 to the California Coastal Commission (CCC) for certification as a Local Coastal Program Amendment; and WHEREAS, in a related action, also on November 6, 2017, the City Council adopted Resolution 2017-71 (“Forbearance”), to establish a forbearance policy to temporarily accommodate existing, non-conforming STRs and suspend enforcement actions against them to temporarily maintain the status quo and prior accommodation for existing STRs until new STR regulations take effect; and WHEREAS, based on the City’s Forbearance Policy, STR operations that existed in residential zones prior to April 4, 2016, were allowed to continue but did not confer any legal or entitlement rights to those operations; and WHEREAS, any new STR operations in residential zones in conflict with the Del Mar Municipal Code or adopted Forbearance Resolution remain subject to code enforcement; and
WHEREAS, on June 7, 2018, the CCC granted conditional approval of the City’s STR Ordinance, and subsequently granted an extension of that conditional certification to December 13, 2019; and
5 January 23, 2023 Item 08
Resolution No. 2023-XX
WHEREAS, on February 24, 2020, the court issued a final judgement on Case 37-2017-00019864 (Del Mar Alliance for the Preservation of Beach Access and Village v. City of Del Mar); and
WHEREAS, on February 7, 2021, the court dismissed a separate case (City of Del Mar v. California Coastal Commission) because the CCC’s conditional approval expired on December 19, 2020, which requires the City to process and obtain City Council approval of a new ordinance and submit the adopted ordinance to the CCC for certification; and
WHEREAS, the timing to appeal the referenced court decisions occurred during the COVID 19 pandemic during which time it was necessary for the City Council to postpone work on the new STR ordinance and direct its limited resources to address only its highest priority public health and safety issues and legal mandates; and WHEREAS, in March 2022, the City Council identified that the City Council priority special project for creation of new STR regulations would be resumed in FY 2022-23 and completed by FY 2023-24; and
WHEREAS, the Forbearance period has since been extended by actions taken by the City Council on September 4, 2018, adopting Resolution 2018-61; February 11, 2019, adopting Resolution 2019-09; February 3, 2020, adopting Resolution 2020-05; and February 1, 2021, adopting Resolution 2021-04 extending the forbearance to February 1, 2023; and
WHEREAS, an additional extension of the Forbearance period is necessary to provide time for the City to collect data on baseline conditions, consider additional regulatory options, prepare an ordinance, and carry out processing of the ordinance to address STR operations; and
WHEREAS, the CCC is aware of the City’s work plan for extension of the forbearance and the processing time required of a new ordinance; and WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (known as the “General Rule” exemption) because CEQA applies only to projects that have the potential to cause significant effects on the environment, and the administrative rules and procedures contained in this Resolution and the extension of the forbearance period will not result in any physical changes to the environment or otherwise create significant effects on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Del Mar, California, that the enforcement forbearance related to STRs that was created by adoption of Resolution 2017-71 on November 6, 2017, and extended by adoption of 6 January 23, 2023 Item 08
Resolution No. 2023-XX
subsequent extensions thereto by Resolution, is hereby further extended to January 23, 2025, unless ended earlier or further extended by future action of the City Council.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 23rd day of January 2023. ___________________________
Tracy Martinez, 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. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 23rd day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 January 23, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 23, 2023
SUBJECT: Housing Element Phase II Studies of Potential Incentives to Create Lower Income Units on Identified Housing Element Sites
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council consider the Phase II housing studies prepared in accordance with the City’s adopted Housing Element and provide direction for preparation of an ordinance with affordable housing-related incentives by December 2023 as required by Housing Element Program 1I.
BACKGROUND:
The City’s 6th Cycle Housing Element (Housing Element) was adopted in March 2021 and amended in December 2021. The City is in the process of seeking certification from the California Housing and Community Development Department (HCD). The adopted Housing Element sets forth a plan to create 175 dwelling units, including at least 113 lower income units for the current housing cycle (2021-2029).
As demonstrated in the Housing Element, the City has adequate sites in place to accommodate its Regional Housing Needs Allocation (RHNA), and the City’s plan to generate production of 113 lower income units involves a variety of strategies.
The table below identifies milestones related to two approved development projects, which together include a total of 12 lower income units, and prior Phase I studies that confirmed financial feasibility of the State Fairgrounds and two City parcels:
Approved Projects/Housing Element Progress Towards Lower Income RHNA Lower Income
Units
Approved
Development
Projects
April 2022 - Approved Coastal Development Permit (CDP 21-005) for 50-units, including 10 lower income in the North Commercial (NC) zone. 10 August 2022 - Approved Development Agreement and Housing Regulatory Agreement for 8-unit mixed-use project (941 Camino del Mar Specific Plan) that includes 2 low income units.
2 State
Fairgrounds
June 2022- Completed Phase I studies (Programs 3A/3B) that demonstrated feasibility for at least 54 lower income units on the State Fairgrounds (2586-2587 Jimmy Durante Blvd). Coordination with the 22nd District Agricultural Association continues towards the goal of reaching a binding agreement with the State by April 2024.
54+
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City-Owned
Sites
June 2022 – Completed Phase I studies (Programs 1H/3B) that demonstrated feasibility for 7 lower income units on two City-owned sites (10th and 28th St). 7 Total Lower Income Units – Approved Projects + Public Sites 73 The remaining 40 lower income units (of 113 lower income unit total) are planned to occur as follows:
Additional Strategies Towards Production of Lower Income Units Lower Income Units
Accessory
Dwelling
Units
Phase II feasibility studies – (Programs 1K/2A): The City must process an ordinance in consideration of feasibility information from the Phase II studies to establish incentives for property owners to create low income ADUs on sites that allow residential use.
15 North
Commercial
Zone
Phase II feasibility studies – (Programs 1A/1K/1I): The NC zone allows 20 dwelling units per acre (du/ac) and adequate capacity for at least 22 lower income units. The City must process an ordinance in consideration of collected feasibility information to incentivize property owners to develop at least 22 lower income units on specified Housing Element sites. 22+
Professional
Commercial
Zone
Phase II feasibility studies – (Programs 1B/1K/1I): The Professional Commercial (PC) zone allows 20 du/ac and adequate capacity for at least 3 lower income units. The City must process an ordinance in consideration of collected feasibility information to incentivize property owners to develop at least 3 lower income units on specified Housing Element sites. 3+
Capacity on Privately-Owned Sites to Meet RHNA Target 40 The adopted Housing Element assigned a specified number of lower income units to properties in the NC and PC zones. Per State law, the City must maintain sufficient capacity to meet the site-specific number of units as necessary to meet a total of 113 lower income units as described above. State law imposes penalties if the City’s lower income unit capacity is reduced. Exposure to penalties can be avoided by the City maintaining adequate sites with sufficient density to meet the City’s 6th Cycle RHNA.
The “Phase II studies”, which are the subject of this report, demonstrate that the City has sufficient capacity and that the City can increase the feasibility for lower income housing development in the current market by making additional incentives available to property owners.
The Phase II housing studies were prepared by two consultant teams, Stephen Dalton Architects (SDA) and Keyser Marston Associates, Inc. (KMA) to identify potential sizing and policy options that can increase financial feasibility in the current market and incentivize property owners to pursue affordable housing on small sites and non-vacant lots in the sites inventory. Similar feasibility and policy options were explored for additional opportunity sites in the commercial and multi-unit zones. The information collected and analyzed addresses the adopted Housing Element commitments to:
• Complete Housing Element Program 1K studies demonstrating the NC and PC sites, including non-vacant sites and “small sites” less than one-half acre in size, are feasible housing sites. • Facilitate implementation of Housing Element Program 1I by identifying potential incentives for development of lower income units for the City Council to consider and provide direction for the preparation, processing, and adoption of an ordinance per Housing Element commitments; and • Facilitate implementation of Housing Element Programs 1C and 1D by studying housing development potential on additional opportunity sites in the Central Commercial (CC) Zone, Medium Density Residential South (RM-South) Zone, and Del Mar Plaza Specific Plan, including 2 January 23, 2023 Item 09
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consideration of whether to use a new overlay zone to limit incentives to site-specific locations.
The purpose of this report is to share the study findings and seek Council direction on next steps for preparation of an ordinance with incentives for affordable housing projects (Program 1I). New incentives for affordable housing projects can be created by amending the applicable base zones or by creating a new overlay zone (i.e., Program 1D). The data collected will also be helpful for future implementation decisions if the City ends up in a position where additional unit capacity must be identified and timely implemented to meet State law.
DISCUSSION:
Site-specific concepts and feasibility information was provided for the following six locations:
Location Lot
Size
Zone Site-Study
Scenarios
Housing Element
Sites Inventory or
Additional Site
Small
Site
NonVacant
Site
1 807 Camino del Mar 0.30
ac
PC PC-1, PC-2, PC3Housing Element Site Yes Yes
2 2236 Jimmy Durante
Boulevard
0.42 ac
NC NC-1 and NC-2 Housing Element Sites Yes Vacant
2148 Jimmy Durante
Boulevard
0.38 ac
Yes Yes
3 APN: 300-172-13
(10th Street/CDM)
0.22 ac
CC CC-1, CC-2, CC3Additional sites Yes Vacant
APN: 300-172-14
(10th Street/CDM)
0.22 ac
Yes Vacant
4 2010 Jimmy Durante
Boulevard
2.12 ac
NC 2010 JDB-1 Housing Element Site No Yes
5 APN: 300-321-17
(4th St/CDM/Stratford)
2.23 ac
RMSouthRMS-1 Additional site No Yes
6 Del Mar Plaza
1555 Camino del Mar
(15th Street/CDM)
Plaza
Specific
Plan
PSP-1 Additional site No Yes
The site-specific studies prepared by SDA are included in Attachment A. These concepts are not intended as prospective architectural designs, rather, each site study identifies the general footprint for potential affordable housing projects that can be designed to meet the State’s affordable housing density bonus law (Government Code Section 65915). State law requires that local jurisdictions allow an increase in the total number of units allowed on a lot (“bonus units” above the baseline number of units permitted per the applicable base zone) for a project that provides a specified percentage of units that are restricted by household income level.
The SDA studies were used by KMA to prepare financial models to test the economic viability of the potential affordable housing projects. KMA’s economic analysis (Attachment B) considered various factors related to the development of affordable housing (i.e., construction costs, ongoing operating costs, and whether the market rate land value is high enough to offset the development cost) and estimated the feasibility. For reference, lower income households earn no more than 80% of the San Diego County Area Median Income (AMI), which corresponds to a maximum income of $72,900 for a one-person household. KMA also collected data related to land acquisition costs, development costs, market rents, 3 January 23, 2023 Item 09
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and typical developer/property owner return expectations. Data sources include CoStar Group, Multiple Listing Service (MLS), PricewaterhouseCoopers (PWC), Real Estate Research Corporation (RERC), and recent project experience with comparable affordable housing development.
The following is a summary of the financial feasibility for site-specific concepts that were studied for sites in the PC zone and NC zone that are identified in the Housing Element to meet the lower income unit RHNA:
807 Camino del Mar (PC zone)
The Housing Element relies on this small, non-vacant site for a capacity of one lower income unit. Three concepts were studied to consider incentives that could increase the financial feasibility and the number of affordable units on this lot. The concepts include a density range of 20-97 dwelling units per acre (du/ac), which is equivalent to a range of 6-29 units on this lot and evaluate scenarios with and without a commercial component. The main takeaways are:
• To yield additional affordable units on this site, it would be necessary to allow increased density and building height and a commercial component (i.e., retaining some existing commercial use). • The existing zoning (PC zone) can accommodate at least one lower income unit via a 9-unit density bonus project consistent with the Housing Element. The incentives likely to be requested for a density bonus project would be increases in height, Floor Area Ratio (FAR), and lot coverage. • Due to current market conditions, if site-specific development standard modifications to increase density and height are implemented it would significantly increase project feasibility and result in a potential net capacity increase.
• KMA estimates high financial feasibility for a 29-unit project scenario (including three affordable units) if development standards are modified to allow three stories (35 foot height) and the project includes a small commercial component (2,535 sf). A base density of 62-63 du/ac would be required to accommodate this project. See PC-3 study in Attachments A and B. • Future Council action could facilitate development of two additional units on this site, for a total of three affordable units.
2236-2148 Jimmy Durante (NC zone)
The Housing Element relies on these two “small sites” located in the floodplain for a capacity of one affordable unit per lot. Two concepts were studied to consider incentives that can increase the feasibility if the sites are consolidated and developed. The concepts include a density range of 20-35 du/ac, which is equivalent to a project with 16-44 units at this location. The main takeaways are:
• The existing zoning (NC zone) can accommodate at least two lower income units via a 24-unit density bonus project consistent with the Housing Element. The incentives likely to be requested for a density bonus project would include increases in building height, FAR, and lot coverage. • Due to current market conditions, if the City facilitates lot consolidation and site specific modifications to increase the allowable density and height it would significantly increase project 4 January 23, 2023 Item 09
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feasibility and result in a potential net capacity increase of two additional very low income units. • KMA estimates high financial feasibility for a 35-unit project scenario (including four affordable units) if development standards are modified to allow three stories (35 ft height) and the project includes a small commercial component (5,376 sf). A combined sites base density of 28-29 du/ac would be required to accommodate this project. See NC-2 study in Attachments A and B. • Future Council action could facilitate development of two additional affordable units on this site, for a total of 4 affordable units.
2010 Jimmy Durante (NC zone)
The Housing Element relies on this site that is located in the floodplain for capacity of eight affordable units. The concept studied identifies that adding housing at a density of 20 du/ac on the site, in addition to the existing recently renovated office development (known as “The Bungalows”), would achieve a positive financial surplus. The main takeaways are:
• The existing zoning (NC zone) can accommodate at least eight lower income units via a 42-unit density bonus project. The incentives likely to be requested for a density bonus project would be increases in building height, lot coverage, accommodation of the existing non-conforming FAR, and allowance to further expand to accommodate affordable housing. • KMA estimates a positive financial surplus for a 42-unit project (including eight affordable units) that maintains the existing commercial office component (43,930 sf), which SDA estimated would most likely need to be accommodated in a new residential building with four stories (45 feet) in order to meet the site-specific unit need per the Housing Element and floodplain requirements.
See 2010 JDB-1 study in Attachments A and B.
• Allowing the property owner to add residential development to the existing office development meets the identified Housing Element capacity for this site.
The following were studied for their potential as additional opportunity sites per the Housing Element:
Assessor Parcel Numbers (APNs): 300-172-13 and 300-172-14 (10th Street/CDM) – CC zone These adjacent vacant sites are located directly across the street from the Del Mar Civic Center. The sites are not relied upon to meet the City’s 6th Cycle RHNA, but have been identified as opportunity sites for future affordable housing. The sites are located in the Central Commercial (CC) zone, which Housing Element Program 1C identifies will be amended by April 2024 to allow a base density of 20 du/ac to create additional site capacity for future housing cycles. The main takeaways are:
• The CC zone, if amended to allow 20 du/ac (per Housing Element Program 1C), could accommodate a 14-unit density bonus project. However, this would result in underutilization of the site, and as a result has a relatively low financial feasibility. • Two additional concepts at a base density of 55 du/ac were evaluated for the potential to increase financial feasibility and incentivize affordable housing at this location. The incentives likely to be requested for a density bonus project would include increases in allowable building height, FAR, 5 January 23, 2023 Item 09
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and lot coverage.
• KMA estimates high financial feasibility for an 83-unit project (including four affordable units) at a base density of 55 du/ac that includes a small commercial component (3,516 sf) and an allowance for two-story height on Camino del Mar (25 ft) and three stories (35 ft) on the lower grade that slopes down to the west along 10th Street. See CC-3 study in Attachments A and B.
APN: 300-321-17 (4th Street/CDM/Stratford) – RM-South zone The RM-South zone is not currently relied upon to meet the City’s 6th Cycle RHNA. This zone has several existing sites with multiple dwelling unit development that were identified as potential opportunity locations for future housing development. A hypothetical site concept was studied for a 100-unit density bonus project that could be used as an example comparable to the existing Los Arboles (97 units) and Del Mar Woods (126 units) complexes in the RM-South zone and existing multi-unit sites in other zones.
The main takeaways are:
• Amendment of the RM-South zone to allow a density of 30 du/ac would not be economically feasible for a property owner to pursue a tear down and replacement project. • KMA identified that the base density would need to be increased to an undetermined level above 45 du/ac to accommodate the addition of new units in addition to the existing development in order to establish economic feasibility in the current market. KMA identified that the City could utilize the Affordable Housing Overlay Zone and/or the Accessory Dwelling Unit incentive program to better implement a feasible strategy to create lower income units in this type of site context. 1555 Camino del Mar (15th Street/CDM) – Del Mar Plaza Specific Plan The Del Mar Plaza is not currently relied upon to meet the City’s 6th Cycle RHNA. This existing commercial center is subject to the Del Mar Plaza Specific Plan. A hypothetical scenario for a 14-unit project, including three affordable housing units, created through conversion of existing commercial space was evaluated. The main takeaways are:
• Addition of a 14-unit affordable housing project at the Del Mar Plaza through conversion of existing commercial office, restaurant, or retail would not be economically feasible. • Additional incentives would need to be made available to facilitate financial feasibility by amending the Del Mar Plaza Specific Plan to assign an allowable base density and/or incentives as needed to facilitate a density bonus project and incentivize creation of lower income units at this location.
While the studies did not analyze the housing potential for hotel sites (due to funding constraints), conversion of existing visitor commercial space on hotel sites would similarly be infeasible to the findings of the Del Mar Plaza study. Incentives to facilitate the addition of small dwelling units, without any reduction of visitor accommodations, would be needed to establish feasibility for housing on hotel sites.
HOUSING IMPACT STATEMENT:
The Housing Element identifies adequate capacity (eight sites) to produce at least 25 lower income units in the NC and PC zones to meet the City’s RHNA, which was confirmed by the studies (see table below):
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Housing Element Site Zone Lower
Income
Unit Target
Relationship to Phase II Studies
1. 2002 Jimmy Durante Blvd NC 6 units Non-vacant site similar to NC-2 and 2010 JDB-1 studies
2. 2010 Jimmy Durante Blvd NC 8 units Phase II 2010 JDB-1 study identifies the addition of housing to the existing
commercial development is financially
feasible in current market to meet RHNA
3. 2120 Jimmy Durante Blvd NC 4 units Non-vacant site similar to NC-2 and 2010 JDB-1 studies
4. 2126 Jimmy Durante Blvd NC 2 units Non-vacant site similar to NC-2 and 2010 JDB-1 studies
5. 2148 Jimmy Durante Blvd NC 1 unit Phase II NC-2 study recommends consolidation of sites, density increase and
site-specific incentives for a project with at
least 4 lower income units (2 units above
RHNA target)
6. 2236 Jimmy Durante Blvd NC 1 unit
7. 807 Camino del Mar PC 1 unit Phase II PC-3 study recommends a density increase and site-specific incentives for a
project with at least 3 lower income units (2
units above RHNA target)
8. 853 Camino del Mar PC 2 units Larger non-vacant site similar to PC-3 study The main takeaway from the Phase II studies is that accommodation of a three-story height limit (35 feet) and floor area ratio (FAR) of at least 1.0 will be needed to facilitate lower income unit production in the current market on the identified Housing Element sites. FAR is the relationship between the total amount of floor area within buildings on the site, or total amount of building area that is allowed on a lot, and the total area of the lot on which the development is located. As FAR increases it can accommodate more dense construction on a lot. The findings of the consultant studies are generally consistent with:
• Prior input from property owners in the NC and PC zones indicating that modification of the development standards is needed to develop lower income housing per the Housing Element (i.e.
FAR, lot coverage, parking, and height to accommodate three stories and floodplain design). • State law provisions for increased FAR in multi-dwelling unit and mixed use zones adopted in 2021 (SB 478), which require the City accommodate an FAR of at least 1.0 for projects with 3-7 units and an FAR of at least 1.25 FAR for projects with 8-10 units. • State law provisions for increased height and density adopted in 2022 (i.e., AB 2011) to accommodate lower income unit production in commercial zones. AB 2011 provides for eligible affordable housing projects (meeting construction labor-related criteria) with frontage on Camino del Mar in the CC and PC zones to utilize a 45 foot height/density of 20-50 du/ac and projects on Jimmy Durante Blvd in the NC zone to utilize a 35 foot height/density of 20-30 du/ac. • Standards in commercial zones in other North County coastal cities in the San Diego region:
o Solana Beach – General Commercial “C” zone allows a 1.2 FAR and 35 feet and Special Commercial “SC” zone allows 1.0 FAR and 35 feet
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o Encinitas - “GC” zone allows 1.0 FAR and unspecified height that may be modified or lowered “to maintain a reasonable portion of the significant views enjoyed by nearby properties.” The City Council is asked to provide direction for future consideration of an ordinance with affordable housing incentives by December 2023 (Housing Element Program 1I). The City can address this by amending the NC and PC zones or utilize an overlay zone to tailor and apply incentives specific to the identified Housing Element sites. At a minimum, the City must demonstrate that it continues to maintain adequate sites to meet its RHNA and implement its adopted housing strategy for the 6th Cycle Housing Element.
ATTACHMENTS:
Attachment A – SDA Report and Site-Specific Zoning/Architectural Concepts Attachment B – KMA Economic Study
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Del Mar Affordable Housing
Site Specific Studies – Phase II
PREPARED BY STEPHEN DALTON ARCHITECTS
IN COOPERATION WITH THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF
DEL MAR
JANUARY 18, 2022
Attachment A
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January 18, 2022 Page 2 of 30
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................................................. 3 II. PC-ZONE SITE.................................................................................................................................... 7 III. NC-ZONE SITE ................................................................................................................................ 12 IV. 2010 JIMMY DURANTE BLVD SITE................................................................................................. 17 V. CC-ZONE SITE.................................................................................................................................. 20 VI. RM-SOUTH ZONE SITE................................................................................................................... 25 VII. DEL MAR PLAZA SITE .................................................................................................................... 28 10 January 23, 2023 Item 09
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I. INTRODUCTION
This study evaluates various zones and properties for associated potential to provide affordable housing via multi-dwelling unit development. The sites studied include a combination of sites that were identified to fulfill a portion of the City’s share of regional housing needs and additional affordable housing opportunity sites for the 6th Cycle Housing Element (years 2021-2029). The site locations listed in the Housing Element sites inventory have existing development potential to create affordable housing. The additional opportunity sites that were studied are locations where legislative actions would be needed to facilitate the type of multi-dwelling unit development concepts being studied.
To determine the development potential and feasibility for multi-dwelling unit affordable housing, a site-specific zoning assessment and set of architectural concepts were prepared for each site.
Various multi-dwelling unit scenarios were evaluated for their development potential at six site locations. Three sites were selected from the Housing Element sites inventory and three hypothetical sites were selected as additional opportunity locations as identified in Housing Element Programs 1C (Central Commercial (CC) zone), 1D (Affordable Housing Overlay Zone), and 1I (Streamlining and Incentives).
Summary of Site-Specific Multi-Unit Development Studies:
Six site-specific studies were prepared including three concepts that identify existing development capacities in the Professional Commercial (PC) and North Commercial (NC) zones using a density bonus; and three concepts that explore potential housing capacities in the Central Commercial (CC), RM-South, and Del Mar Plaza Specific Plan (PSP) zones.
The following locations are sites that were identified in the Housing Element sites inventory:
• 807 Camino del Mar: Lot on east side of Camino del Mar (south of City Hall) APN: 300-222-33
The 0.30-acre site is designated and zoned Professional Commercial in the City of Del Mar Community Plan (General Plan) and Zoning Code. This site is less than one half acre in size, which means it is considered by the State to be a “small site”. • 2148+2236 Jimmy Durante: Adjacent lots on west side of Jimmy Durante Blvd APN: 299-100-30 & 299-100-49
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These parcels are a combined 0.8 acres in size and designated North Commercial in the City of Del Mar Community Plan (General Plan) and Zoning Code. This site is located within the Floodplain Overlay Zone and the Lagoon Overlay Zone. Individually these are “small sites” that are less than one half acre in size; however, this concept explores the potential for affordable housing when the two adjacent sites are developed as one project. • 2010 Jimmy Durante: Lot on west side of Jimmy Durante Blvd APN: 300-093-17
The 2.12-acre site is designated and zoned North Commercial in the City of Del Mar Community Plan (General Plan) and Zoning Code. This site is located within the Floodplain Overlay Zone and the Lagoon Overlay Zone. This concept explores housing potential on a large site that is developed with existing non-conforming commercial development.
Development potential at the following locations was studied per the Housing Element Programs 1C and 1D as additional affordable housing opportunity sites:
• CC zone sites: Adjacent vacant lots across 10th Street from City Hall APN: 300-172-13 & 300-172-14
This concept reflects a potential scenario that would be available once Housing Element Program 1C is implemented to allow housing in the CC zone at a density of 20 dwelling units per acre. These parcels are a combined 0.44 acres in size and designated Central Commercial in the City of Del Mar Community Plan (General Plan) and Zoning Code. • RM-South zone site: Lot in the RM-South zone
This concept is not representative of a specific property in the RM-South zone. It is a hypothetical scenario of an existing multi-unit development that is non-conforming, which is representative of the existing context on several properties in the RM-South zone. The site studied is designated and zoned Medium Density Mixed Residential - South (RMSouth) in the City of Del Mar Community Plan (General Plan) and Zoning Code. • Del Mar Plaza site: Upper Level Areas “B” and “C” of Del Mar Plaza APN: 300-093-17
This hypothetical concept evaluates the potential for conversion of a small portion of the existing commercial office/retail development that occupies Areas “B” and “C” in the easterly portion of the Del Mar Plaza above street level (plaza level). The site is zoned Plaza Specific Plan (PSP) in the City of Del Mar Community Plan (General Plan) and Zoning Code. It is considered a housing opportunity site per Housing Element Program 1D. 12 January 23, 2023 Item 09
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Assumptions Factored into the Site-Specific Studies:
Each site-specific concept studied explores the potential for affordable housing development under a scenario that utilizes the State law affordable housing density bonus. Some of the scenarios included commercial services/office/retail component in addition to residential to help test site constraints and economic feasibility. The following assumptions were factored into the site-specific studies as further described below:
These studies assumed a maximum state density bonus option under each site-specific scenario.
They achieve the highest density bonus (50%) with the fewest restricted units, as is consistent with current private development trends.
As a practical matter, the maximum density bonus is limited by the current base zone density of each site per the Del Mar Municipal Code (DMMC) Title 30 (Zoning) and can only achieve a 50% bonus based off what is currently allowable. The studies explored various incentives to increase base density as a potential option in accordance with the City’s Housing Element.
For each site-specific concept prepared, the development standards (i.e. square footage, height, setbacks, and parking), unit count, unit mix, and area tabulations are identified. Additionally, plan diagrams are provided to test fit the programmatic elements with each site. Based on the conceptual building diagrams, a generalized height and massing is established. It is important to note that the site-specific study does not represent a specific project design. Instead, it is a conceptual massing study to determine an overall scale of a potential affordable housing project.
Additional and separate economic analysis and financing strategies were prepared by Keyser Marston Associates (KMA) utilizing the architectural concepts and prototypes identified in these site-specific studies.
Zoning Assessment Approach:
The zoning assessment considered the development standards applicable to the parcels as well as the flexibility provided for by State law to accommodate production of affordable housing (i.e. State Density Bonus law). In using this approach, the zoning assessment considered the respective development size (i.e. height, floor area ratio, and lot coverage), the relationship to existing development on adjacent properties, and parking needs. The zoning assessment also factored in design requirements applicable to the coastal zone as needed for consistency with the Coastal Act 13 January 23, 2023 Item 09
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(i.e. protection of public scenic views and protection from potential hazards such as projected flooding and sea level rise) and applicable Federal and State floodplain-related design requirements.
Parking is one development standard where the local standards significantly deviate from the State standard that is applied to affordable housing development projects. The City of Del Mar’s standard parking requirements (Del Mar Municipal Code Chapter 30.80) are not specific to affordable housing and do not factor in the lower parking demand specific to this population. By comparison, the State mandated parking ratios for affordable housing are based on parking studies that account for the lower parking demand associated with lower income housing units, and result in ratios that are lower than the City’s parking ratios. Because parking is a significant cost driver for affordable housing projects, the State law trend has been to require further decreases and exemptions for housing development. The State’s density bonus parking standards were utilized for the sitespecific studies. In addition to reduced parking ratios, State Density Bonus law provides incentives for further reductions in parking.
All of the locations studied are within a quarter of a mile of a transit stop for the 101-bus line. While the bus line is not currently operating at the frequency for a parking exemption, a future increase in frequency along this route is consistent with the SANDAG regional plan. This could result in the future elimination of parking requirements consistent with the future condition under AB-2097.
A comparative chart of State affordable and Del Mar parking ratios is provided below:
1/4
2 1
2-BR 2
3-BR
GUEST
1 1.5
1.5 N/A
TYPE RATIO (SPACES PER UNIT) RATIO (SPACES PER UNIT)
1-BR
STATE AFFORDABLE DEL MAR
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II. PC-ZONE SITE
Site-Specific Studies PC-1, PC-2, PC-3
Context:
The 0.30-acre site at 807 Camino del Mar is currently occupied by a one-story commercial building with off-street surface parking. It is at the intersection of Camino del Mar and 8th Street, on the east side of Camino del Mar and north side of 8th Street. There are existing two-story commercial buildings located to the north and east of the site. Across the street to the northwest a two-story commercial building is built into a slope with the second floor fronting the street on the Camino del Mar side. Directly across the street to the west is a scenic ocean view across Shores Park (public park). The site is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
This site is designated for Professional Commercial (PC) in the Community Plan and Zoning Code, which allow multiple dwelling unit uses. The PC zone development standards for residential projects are specified in DMMC Chapter 30.25. The site is also located in the Coastal Overlay Zone.
Project Scope:
Site-specific study PC-1 considers a scenario using current City zoning and State density bonus law to achieve a total unit count of 9 units, with 1 of these units provided for very low-income tenants. This scenario was selected because it achieves the highest density bonus (50%) with the fewest restricted units, as is consistent with current private development trends. Under this scenario, the potential for a mixed-use project that includes both residential and commercial development was studied. Including a mixed-use element in the project fits with the character of Camino Del Mar and helped to make the project viable according to KMA’s economic analysis.
Parking, commercial space, and an accessible unit would be located on the ground floor and the remaining 8 units would be on the second floor. Upon evaluation by KMA, the project was determined to be financially infeasible despite providing the maximum allowable number of units on site per State density bonus. It was concluded that a density of 20 DU/AC would not be sufficient, and an additional study (PC-2) was conducted to determine a more appropriate density. 15 January 23, 2023 Item 09
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Site-specific study PC-2 modifies PC-1 by increasing the City’s base density to 35 du/ac and eliminating the commercial use to achieve a total unit count of 16. Upon evaluation by KMA, eliminating the commercial use was determined to make the project financially infeasible.
Site-specific study PC-3 sought to determine a point where financial feasibility was achieved by increasing the City’s base density to 62 du/ac, increasing the height limit to three stories, and reintroducing a commercial use. It achieves a total unit count of 29 units, with 3 affordable units, and provides 2,535 sf of commercial space.
Development Standards:
Following are the development standard details for this site-specific max density bonus project scenarios:
DMMC
Density Bonus Studies
PC-1 PC-2 PC-3
Lot Size 6,000 SF 0.3 acre (13,068 SF)
Unit Count 6 9 16 29
Average size of
units N/A 747 SF 559 SF 557 SF
Total Square
footage 7,841 SF 14,501 SF 17,322 SF 16,150 SF
Floor Area Ratio 60% 120% 130% 220%
Lot Coverage 75% 65% 73% 75%
Height 26 FT 30 FT 30 FT 35 FT
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Parking Analysis:
Site-specific study PC-1 would require 10 residential and 8 commercial parking spaces to meet the State’s minimum affordable parking requirement of 18 spaces for the project. It would accommodate 15 parking spaces, with residential parking assigned, on-site and could utilize an additional 3 spots in the city hall parking lot for additional commercial parking.
A comparative parking rates table for PC-1 is provided below:
Site-specific study PC-2 would require 17 residential parking spaces to meet the State’s minimum affordable parking requirement for the project. It would accommodate all of these spaces on-site. A comparative parking rates table for PC-2 is provided below:
Site-specific study PC-3 would require 31 residential and 9 commercial parking spaces to meet the State’s minimum affordable parking requirement of 40 spaces for the project. It would accommodate 17 spaces on-site, which would be 23 spaces below the current state minimum. This study was designed anticipating a future major transit stop within a half mile of the site. Following
USE QUANTITY RATIO
STUDIO 1 0 0
1-BR 7 DU 1 7 7
2-BR 2 DU 1.5 3 3
GUEST N/A 0 0
COMMERCIAL 2,300 SF 1/300 GSF 8 5
TOTAL CARS 18 15
DEVELOPMENT CRITERIA - SCENARIO PC-1 REQUIRED
PARKING
SCENARIO PC-1
PARKING USE QUANTITY RATIO
STUDIO 9 DU 1 9 9
1-BR 5 DU 1 5 5
2-BR 2 DU 1.5 3 3
GUEST N/A 0 0
17 DEVELOPMENT CRITERIA - SCENARIO PC-2 REQUIRED
PARKING
SCENARIO PC-2
PARKING
TOTAL CARS 17
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AB-2097, this would allow reduced parking ratios and bring the on-site parking requirement down to 9 spaces total. A comparative parking rates table for PC-3 is provided below:
Incentives:
Each of the three scenarios tested anticipates that a project at this location will need to use incentives and waivers via a State density bonus project to allow the project to deviate from, or eliminate, development standards that would otherwise make development of the project infeasible (financially or physically).
• Site-specific study PC-1 anticipates a density bonus project proposing two incentives, one for height and one for FAR. Additionally, to address required parking, it suggests a potential incentive from the City of Del Mar to reduce the required off-street parking and/or facilitate use of parking at the Civic Center which provides additional parking available to the public off-site in proximity to the project.
• Site-specific study PC-2 considers a potential increase of the zone density up to 35 du/ac.
It also accounts for a project proposing two incentives, one for height and one for FAR. • Site-specific study PC-3 considers a potential increase of the zone up to 62 du/ac. It also accounts for a project proposing two incentives, one for height and one for FAR.
As shown above, an increase in allowable density beyond that of the current zone should be considered as a potential incentive that the City could provide per Housing Element Program 1I as necessary to meet its lower income unit obligations for the 6th Cycle Housing Element. This could be implemented as a change to the base zone density for the zone as a whole or as a site-specific accommodation to increase the allowable number of units on this site such as implementation of USE QUANTITY RATIO STUDIO 17 DU 1 17 17
1-BR 8 DU 1 8 0
2-BR 4 DU 1.5 6 0
GUEST N/A 0 0
COMMERCIAL 2,535 SF 1/300 GSF 9 0
DEVELOPMENT CRITERIA - SCENARIO PC-3 REQUIRED
PARKING
SCENARIO PC-3
PARKING
TOTAL CARS 40 17
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an Affordable Housing Overlay Zone (Housing Element Program 1D). Use of a zone amendment to facilitate an affordable housing project at this location would specify in the base zone or overlay zone that a residential project meeting the City’s desired quantity of units, affordability level, and other specified parameters is an allowed use at this location. 19 January 23, 2023 Item 09
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III. NC-ZONE SITE
Site-Specific Studies NC-1, NC-2
Context:
The Housing Element identifies 2148 and 2236 Jimmy Durante Blvd as potential sites for lower income housing. Individually, the sites are each less than one half acre in size. The combined site at 2148 and 2236 Jimmy Durante is made up of one 0.38-acre lot and one 0.42-acre lot for a combined total lot size of 0.8 acres in a scenario that contemplates the sites combined into one density bonus project.
The lot at 2148 is currently occupied by a one-story commercial building and the adjacent lot at 2236 is currently vacant. Under the scenario studied, the lots would need to be consolidated into a single lot through processing of a lot line adjustment (Boundary Adjustment/Administrative Coastal Development Permit) from the City of Del Mar.
The site is located at the intersection of Jimmy Durante Blvd and San Dieguito Dr, on the west side of Jimmy Durante Blvd and south side of San Dieguito Dr. To the north is the San Diego Lagoon/River valley and to the south is a lot with one-story commercial development. Across the street to the east is a gravel surface parking lot. The site is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
This site is designated for North Commercial (NC) in the Community Plan and Zoning Code which allow multiple dwelling unit uses. The NC zone development standards for residential projects are identified in DMMC Chapter 30.24.
The site is located within the Floodplain Overlay Zone. The site is mapped by the Federal Emergency Management Agency (FEMA) as a special flood hazard area that is subject to river flooding (Federal Insurance Rate Map Zone AE); however, through adaptive development design the projected flood risk can be significantly reduced. Development in this location will require that the first-floor level be elevated above the Base Flood Elevation (BFE), which would be approximately 9 feet above the existing grade elevation on this site. Per DMMC Section 20 January 23, 2023 Item 09
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30.24.030(C), development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards, including those from projected sea level rise and flooding over the lifetime of the structure.
This site is located within the Lagoon Overlay Zone, which means that a Conditional Use Permit (CUP) would typically be required for proposed development.
This site is located in the Coastal Overlay Zone, which means a Coastal Development Permit would apply.
Project Scope:
Site-specific study NC-1 considers a scenario using State density bonus law to achieve a total unit count of 24 units, with 3 of these units provided for very low-income tenants. This scenario was selected because it achieves the highest density bonus (50%) with the fewest restricted units, as is consistent with current private development trends.
Common areas such as the lobby would be located on the ground floor and would need to be designed in compliance with the required floodproofing construction design measures. The remainder of the ground floor would be used for parking and commercial space. Including a mixeduse element in the project fits with the character of Jimmy Durante Blvd at this location and helped to make the project viable according to KMA’s economic analysis. The 24 residential units would be raised above the floodplain BFE by being located on the second and third floors. Upon evaluation by KMA, the project was determined to be financially infeasible despite providing the maximum allowable number of units on site per State density bonus. It was concluded that a density of 20 DU/AC would not be sufficient, and an additional study (NC-2) was conducted to determine a more appropriate density.
Site-specific study NC-2 modifies NC-1 by testing an increase in the City’s base zone density to 28 du/ac to achieve a total unit count of 35, with 4 affordable units. Its first and second floors are the same layout as NC-1 and the additional ten units are added on a third floor, above the double height commercial space running along Jimmy Durante Blvd. 21 January 23, 2023 Item 09
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Development Standards:
Following are the development standard details for this site-specific density bonus project scenario:
DMMC
Density Bonus Project
NC-1 NC-2
Lot Size 6,000 SF 0.8 acre (34,848 SF)
Unit Count 16 units 24 units 35 units
Average size of
units N/A 593 SF 605 SF
Total Square
footage 10,455 SF 33,618 SF 21,162 SF
Floor Area Ratio 30% 100% 120%
Lot Coverage 40% 45% 84%
Height 26 FT 36 FT 35 FT
Parking Analysis:
Site-specific study NC-1 would require 25 residential and 18 commercial parking spaces on site to meet the State’s minimum affordable parking requirement of 43 spaces for the project. It currently accommodates 43 spaces on-site. A comparative parking rates table for NC-1 is provided below:
USE QUANTITY RATIO
STUDIO 6 DU 1 6 6
1-BR 16 DU 1 16 16
2-BR 2 DU 1.5 3 3
GUEST N/A 0 0
COMMERCIAL 5,212 SF 1/300 GSF 18 18
DEVELOPMENT CRITERIA - SCENARIO NC-1 REQUIRED
PARKING
SCENARIO NC-1
PARKING
TOTAL CARS 43 43
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Site-specific study NC-2 would require 37 residential and 18 commercial parking spaces to meet the State’s minimum affordable parking requirement of 55 spaces for the project. It would accommodate 43 spaces on-site, which would be 12 spaces below the current state minimum. This study was designed anticipating a future major transit stop within a half mile of the site. Following AB-2097, this would allow reduced parking ratios and bring the on-site parking requirement down to 18 spaces total.
A comparative parking rates table for NC-2 is provided below:
Incentives:
Each of the scenarios tested anticipates that a project at this location will need to use incentives and waivers via a State density bonus project to make development of the project feasible (financially or physically).
• Since this project requires the use of contiguous parcels, there is an opportunity for the City to streamline the lot line adjustment (Boundary Adjustment/Administrative Coastal Development Permit) approval action required for consolidation into a single lot. The Conditional Use Permit (CUP) required for this site due to its location in the Lagoon Overlay Zone could also be incentivized with streamlined processing or a permit exemption.
• Site-specific study NC-1 anticipates the 24-unit project scenario would likely need three incentives height, FAR, and lot coverage.
USE QUANTITY RATIO
STUDIO 10 DU 1 10 10
1-BR 21 DU 1 21 21
2-BR 4 DU 1.5 6 6
GUEST N/A 0
COMMERCIAL 5,376 SF 1/300 GSF 18 6
DEVELOPMENT CRITERIA - SCENARIO NC-2 REQUIRED
PARKING
SCENARIO NC-2
PARKING
TOTAL CARS 55 43
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• Site-specific study NC-2 considers a potential increase of the base zone density to 28 du/ac. This scenario would likely need to utilize the same incentives of height, FAR, and lot coverage as the NC-1 scenario.
As shown above, an increase in allowable density beyond that of the current zone should be considered as a potential incentive that the City could provide per Housing Element Program 1I as necessary to meet its lower income unit obligations for the 6th Cycle Housing Element. This could be implemented as a change to the base zone density for the zone as a whole or as a site-specific accommodation to increase the allowable number of units on this site such as implementation of an Affordable Housing Overlay Zone (Housing Element Program 1D). Use of a zone amendment to facilitate an affordable housing project at this location would specify in the base zone or overlay zone that a residential project meeting the City’s desired quantity of units, affordability level, and other specified parameters is an allowed use at this location. 24 January 23, 2023 Item 09
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IV. 2010 JIMMY DURANTE BLVD SITE
Site-Specific Study 2010 JDB-1
Context:
The Housing Element identifies 2010 Jimmy Durante Blvd as a potential site for lower income housing. The site at 2010 Jimmy Durante is 2.12 acres. It is currently occupied by a two-story commercial building surrounded by surface parking.
The site is located on the west side of Jimmy Durante Blvd and south of the San Diego Lagoon/River valley. The lots neighboring the site contain one- and two-story commercial developments. The site is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
This site is designated for North Commercial (NC) in the Community Plan and Zoning Code which allow multiple dwelling unit uses. The NC zone development standards for residential projects are identified in DMMC Chapter 30.24.
The site is located within the Floodplain Overlay Zone. The site is mapped by the Federal Emergency Management Agency (FEMA) as a special flood hazard area that is subject to river flooding (Federal Insurance Rate Map Zone AE); however, through adaptive development design the projected flood risk can be significantly reduced. Development in this location will require that the first-floor level be elevated above the Base Flood Elevation (BFE), which would be approximately 10 feet above the existing grade elevation on this site. Per DMMC Section
30.24.030(C), development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards, including those from projected sea level rise and flooding over the lifetime of the structure.
This site is located within the Lagoon Overlay Zone, which means that a Conditional Use Permit (CUP) would typically be required for proposed development.
This site is located in the Coastal Overlay Zone, which means a Coastal Development Permit would apply.
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Project Scope:
Site-specific study 2010 JDB-1 considers a scenario using State law density bonus to achieve a total unit count of 42 units, with 8 of these units provided for low-income tenants. This scenario utilized a 32% density bonus to achieve the City’s target of 8 restricted income units for this site.
The physical limitations of the existing building and the existing parking on site caused there to be limited space viable for residential development. In response to this situation, the building height was increased from the height limit of 26 ft and 2-stories up to 45 ft and 4-stories to accommodate more units within the viable development area. Due to these limitations the base density of the site was not met, so density bonus was utilized only to gain incentives for the project and achieve the target number of restricted units. Since the study was determined to be financially viable by KMA, no further studies were made.
This project would leave the existing office building on-site for its current use. In addition, a new residential building would be built in the northeast corner of the lot which would provide 42 dwelling units elevated above the floodplain BFE by being located on the second thru fourth floors.
Common areas such as the lobby would be located on the ground floor and would need to be designed in compliance with the required floodproofing construction design measures.
Development Standards:
Following are the development standard details for this site-specific density bonus project scenario:
DMMC Density Bonus Project
Lot Size 6,000 SF 2.12 acre (92,347 SF)
Unit Count 43 units 42 units
Average size of units N/A 588 SF
Total Square footage 27,705 SF a 78, 861 SF
Floor Area Ratio 30% 90%
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Lot Coverage 40% 42%
Height 26 FT 45 FT
a. Existing non-conforming structure on site.
Parking Analysis:
Site-specific study 2010 JDB-1 would require 42 residential and 132 commercial parking spaces to meet the State’s minimum affordable parking requirement of 174 spaces for the project. Itwould utilize the existing parking on-site to provide 120 parking spaces, which would be 54 spaces below the current state minimum. This study was designed anticipating the use of a waiver to address the site’s commercial parking requirement. A comparative parking rates table for 2010 JDB-1 is provided below:
Incentives:
This project scenario anticipates the use of incentives and waivers via State law density bonus to allow the project to deviate from, or eliminate, development standards that make the project infeasible financially or physically. The 42-unit project would likely need two incentives, one for height and one for FAR. The FAR incentive would need to allow the existing non-conforming FAR to remain and be converted to residential use. The City would also need to allow for new FAR to be created to accommodate a new multi-unit structure with dwelling units. It would also need two waivers for lot coverage and the commercial parking requirement on-site.
USE QUANTITY RATIO
STUDIO 1 0 0
1-BR 42 DU 1 42 42
2-BR 1.5 0 0
GUEST N/A 0 0
COMMERCIAL 39,537 SF 1/300 GSF 132 78
DEVELOPMENT CRITERIA - SCENARIO 2010 JDB-1 REQUIRED
PARKING
SCENARIO 2010
JDB-1 PARKING
TOTAL CARS 174 120
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V. CC-ZONE SITE
Site-Specific Studies CC-1, CC-2, CC-3
Context:
The Housing Element Program 1C commits to amend the CC zone by April 2024 to allow multiple dwelling unit development at 20 du/ac as part of a mixed-use project. The CC zone site location studied is made up of two 0.22-acre lots for a total lot size of 0.44 acres. These lots are currently vacant. Under the scenario studied, the lots would need to be consolidated into a single lot through processing of a lot line adjustment (Boundary Adjustment/Administrative Coastal Development Permit) from the City of Del Mar.
The site is located at the intersection of Camino del Mar and 10th Street, on the west side of Camino del Mar and south side of 10th Street. Across the street to the north is the Del Mar City Hall. The lot to the west is occupied by the two-story “Les Artistes Inn” and the lot to the south is occupied by a two-story commercial building built into a slope with the second floor fronting the street on the Camino del Mar side. The site is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
This site is designated for Central Commercial (CC) in the Community Plan and Zoning Code.
Multiple dwelling unit uses are not currently allowable in the CC zone. The CC zone development standards are identified in DMMC Chapter 30.22.
This scenario was developed in consideration of the City’s commitment to amend the CC zone per Program 1C to allow multifamily developments at a base density of 20 DU/AC in the zone. This planned code amendment action is expected to be completed by April 2024 Project Scope:
Site-specific study CC-1 considers a future scenario using State density bonus law to achieve a total unit count of 14 units, with 2 of these units provided for very low-income tenants. This scenario was selected because it achieves the highest density bonus (50%) with the fewest restricted units, as is consistent with current private development trends. It is contingent on the City zoning code being amended per Housing Element Program 1C to allow a density of at least 20 28 January 23, 2023 Item 09
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DU/AC. Upon evaluation, the program elements of this project fit comfortably on this site and do not appear to maximize the site area. The large surface parking lot is indicative of underutilization.
It was concluded that a density of 20 DU/AC would not be sufficient, and an additional study (CC2) was conducted to determine a more appropriate density.
Site-specific study CC-2 modifies CC-1 by increasing the City’s base zone density to 55 du/ac to increase the number of affordable units by exploring a 37-unit project scenario. The CC-2 scenario does not include a commercial component. Upon evaluation by KMA, the unit mix and lack of a commercial component in this scenario was determined to be financially infeasible in the current market.
Site-specific study CC-3 sought to determine a point where financial feasibility was achieved by considering a base zone density of 52 du/ac (a lower density than CC-2), reintroducing a commercial use, and increasing the height to three stories to accommodate the ground floor commercial. CC-3 achieves a total unit count of 35 units, with 4 affordable units, and 3,516 sf of commercial space.
Development Standards:
Following are the development standard details for this site-specific affordable housing project scenario:
DMMC
Density Bonus Project
CC-1 CC-2 CC-3
Lot Size: 6,000 SF 0.44 acre (19,166 SF)
Unit Count: 9 units a 14 units 37 units 35 units
Average size
of units: N/A 504 SF 448 SF 423 SF
Total Square
footage: 8,625 SF 7,756 SF 36,588 SF 37,158 SF
Floor Area
Ratio: 45% or 2,000 SF b 40% 191% 194%
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Lot Coverage: 60% or 2,500 SF b 25% 76% 79%
Height: 14 FT / 26 FT c 14 FT / 25 FT c 25 FT / 36 FT c 25 FT / 35 FT c a. At 20 du/ac, per Housing Element Program 1C.
b. Whichever is greater of the two.
c. Height above Camino del Mar / Height from grade
Parking Analysis:
Site-specific study CC-1 would accommodate 18 parking spaces on-site, which meets the State’s minimum parking requirement for affordable housing (exceeds the standard by providing 4 extra spaces). A comparative parking rates table for CC-1 is provided below:
Site-specific study CC-2 would require 37 spaces to meet the State’s minimum affordable parking requirement for the project. It would accommodate 35 parking spaces on-site and utilize an additional 2 spots in the city hall parking lot for additional resident parking.
A comparative parking rates table for CC-2 is provided below:
USE QUANTITY RATIO
STUDIO 1 0 0
1-BR 14 DU 1 14 14
2-BR 1.5 0 0
GUEST N/A 0 4
14 REQUIRED
PARKING
SCENARIO CC-1
PARKING
DEVELOPMENT CRITERIA - SCENARIO CC-1
TOTAL CARS 18
USE QUANTITY RATIO
STUDIO 16 DU 1 16 16
1-BR 21 DU 1 21 19
2-BR 1.5 0 0
GUEST N/A 0 0
DEVELOPMENT CRITERIA - SCENARIO CC-2 REQUIRED
PARKING
SCENARIO CC-2
PARKING
TOTAL CARS 37 35
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Site-specific study CC-3 would require 35 residential and 12 commercial parking spaces to meet the State’s minimum affordable parking requirement of 47 spaces for the project. It would accommodate 35 spaces on-site, which would be 12 spaces below the current state minimum. This study was designed anticipating a future major transit stop within a half mile of the site. Following AB-2097, this would allow reduced parking ratios and bring the on-site parking requirement down to 12 spaces total. A comparative parking rates table for CC-3 is provided below:
Incentives:
Each of the scenarios tested anticipates that a project at this location will need to use incentives and waivers via a State density bonus project to make development of the project feasible (financially or physically). While multi-dwelling unit housing is not an allowed use per the current zone at this location, the scenarios were used to test the feasibility of affordable housing development in a density range of 20-55 dwelling units per acre at this site-specific location. • Site-specific study CC-1 anticipates the14-unit project scenario would likely need one incentive for horizontal zoning (in order to build a residential project with no retail component at street level on Camino del Mar).
• Site-specific study CC-2 considers a potential increase of the density up to 55 du/ac. The study anticipates a 37-unit project proposing three incentives for a 22 ft drive aisle width, 76% lot coverage, and 191% FAR. The project would additionally require two waivers for horizontal zoning and height limit (west of Camino del Mar). • Site-specific study CC-3 modifies the density and introduces a commercial element to the project. CC-3 considers a potential increase of the density up to 52 du/ac. The study
USE QUANTITY RATIO
STUDIO 23 DU 1 23 23
1-BR 12 DU 1 12 12
2-BR 1.5 0 0
GUEST N/A 0 0
COMMERCIAL 3,516 SF 1/300 GSF 12 0
DEVELOPMENT CRITERIA - SCENARIO CC-3 REQUIRED
PARKING
SCENARIO CC-3
PARKING
TOTAL CARS 47 35
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anticipates a 35-unit project proposing three incentives for a 22 ft drive aisle width, 79% lot coverage, and 194% FAR. The project would additionally require two waivers for horizontal zoning and height limit (west of Camino del Mar).
As shown above, an increase in allowable density beyond that of the current zone should be considered as a potential incentive that the City could provide per Housing Element Program 1I as necessary to meet its lower income unit obligations for the 6th Cycle Housing Element. This could be implemented as a change to the base zone density for the zone as a whole or as a site-specific accommodation to increase the allowable number of units on this site such as implementation of an Affordable Housing Overlay Zone (Housing Element Program 1D). Use of a zone amendment to facilitate an affordable housing project at this location would specify in the base zone or overlay zone that a residential project meeting the City’s desired quantity of units, affordability level, and other specified parameters is an allowed use at this location. 32 January 23, 2023 Item 09
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VI. RM-SOUTH ZONE SITE
Site-Specific Study RMS-1
Context:
The Housing Element Program 1D commits the City to study locations (i.e. RM-South zone) for additional opportunity sites to create affordable housing via an Affordable Housing Overlay Zone.
The objective of this site-specific study is to explore the feasibility of a base zone density increase and identify potential incentives for the RM-South zone that could facilitate affordable housing via redevelopment of existing multi-unit complexes. The hypothetical RM-South zone site scenario is located on a 2.23-acre lot. It is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
This site is designated for Medium Density Mixed Residential – South (RM-South) in the Community Plan and Zoning Code which allow multiple dwelling unit uses. The RM-South zone development standards for residential projects are identified in DMMC Chapter 30.19. The assumption for this hypothetical scenario is that the existing development is built at a base density of 30 DU/AC, which is similar to existing conditions on parcels in the RM-South where the existing residential development is a higher density than what the current zone allows.
Project Scope:
Site-specific study RMS-1 considers a future hypothetical scenario where the base zone density is amended to allow 30 DU/AC which would facilitate a project using State density bonus law to achieve a total unit count of 100 units, with 11 of these units provided for very low-income tenants.
This scenario was selected because it achieves the highest density bonus (50%) with the fewest restricted units, as is consistent with current private development trends. 33 January 23, 2023 Item 09
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Development Standards:
Following are the development standard details for this site-specific affordable housing project scenario:
DMMC Density Bonus Project
Lot Size: 8,000 SF 2.23 acre (97,139 SF)
Unit Count: (12.5 du/ac per DMMC) 100 units
Average size of units: N/A 701 SF
Total Square footage: N/A 70,104 SF
Floor Area Ratio: 35% 95%
Lot Coverage: N/A 40%
Height: 26 FT 35 FT
Parking Analysis:
This site-specific study would accommodate 126 parking spaces on-site to satisfy the State’s minimum affordable parking requirement for the project. A comparative parking rates table for RMS-1 is provided below:
USE QUANTITY RATIO
1-BR 48 DU 1 48 48
2-BR 26 DU 1.5 39 39
3-BR 26 DU 1.5 39 39
GUEST N/A 0 0
DEVELOPMENT CRITERIA - SCENARIO RMS-1 REQUIRED
PARKING
SCENARIO RMS-1
PARKING
TOTAL CARS 126 126
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Incentives:
This project scenario anticipates the use of incentives and waivers via State law density bonus to allow the project to deviate from, or eliminate, development standards that make the project infeasible financially or physically. The hypothetical 100-unit redevelopment project would likely need three incentives for height, FAR, and story limit.
The KMA economic analysis shows the RMS-1 scenario studied would be financially infeasible in the current market. Additional incentives for the City to consider would be creation of opportunities for the property owner to set aside a percentage of their existing units as affordable and add new market rate units to their site at a scale that makes it feasible to offset costs associated with development and the set aside of affordable units.
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VII. DEL MAR PLAZA SITE
Site-Specific Study PSP-1
Context:
The Housing Element Program 1D commits the City to study locations (i.e. Del Mar Plaza) for additional opportunity sites to create affordable housing via an Affordable Housing Overlay Zone.
The objective of this site-specific study is to identify potential incentives for the Del Mar Plaza location that could facilitate affordable housing via redevelopment of existing commercial space.
This site studied is located within the Del Mar Plaza building at 1555 Camino del Mar. The study evaluates the potential for conversion of a portion of the Plaza, including areas “B” and “C” in the easterly portion of the Del Mar Plaza above street-level. This area (plaza level) is currently being used for commercial offices. The study evaluates the potential to incorporate affordable units through a conversion of this existing commercial space. The site is within a quarter of a mile of a stop for the 101-bus line.
Zoning:
The site is located within the Plaza Specific Plan (PSP) zone. An amendment to the PSP and LCPA would be required to allow affordable housing development in the Del Mar Plaza.
Project Scope:
This site-specific study considers a future project scenario per the City’s inclusionary housing ordinance to achieve a total unit count of 14 units, with 1 unit provided for very low-income and 2 units provided for low-income tenants. The site is not eligible for state density bonus and will be reliant on other incentives where made available by the City and/or State. This type of project would be subject to affordable housing mitigation (i.e., inclusionary housing ordinance where applicable).
Development Standards:
Following are the development standard details for this site-specific affordable housing project scenario:
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DMMC Density Bonus Project
Lot Size: N/A N/A
Unit Count: N/A 14 units
Average size of units: N/A 665 SF
Total Square footage: EXISTING TO REMAIN 9,316 SF
Floor Area Ratio: EXISTING TO REMAIN EXISTING TO REMAIN Lot Coverage: EXISTING TO REMAIN EXISTING TO REMAIN
Height: EXISTING TO REMAIN EXISTING TO REMAIN
Parking Analysis:
Based on the proposed unit mix for this project scenario, 17 spaces would be required to meet the State’s parking requirement for affordable housing. Required parking would be provided in the existing Del Mar Plaza 3-story parking garage, which provides 356 total spaces. When considering the area allocated to residential conversion, the residential parking requirement is significantly lower than the commercial parking requirement, resulting in a surplus of 24 spaces for the Plaza.
This surplus could be seen as a benefit to the plaza in that additional commercial space could be added without affecting the existing parking. A comparative parking rates table for PSP-1 is provided below:
USE QUANTITY RATIO
STUDIO 1 DU 1 1 1
1-BR 8 DU 1 8 8
2-BR 5 DU 1.5 7.5 8
GUEST N/A 0 0
DEVELOPMENT CRITERIA - SCENARIO PSP-1 REQUIRED
PARKING
SCENARIO PSP-1
PARKING
TOTAL CARS 17 17
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Incentives:
To encourage affordable housing at this location, the City could consider processing a code amendment and/or Plaza Specific Plan amendment to specify that multi-unit housing with an affordable housing component is an allowed use in the Del Mar Plaza. 38 January 23, 2023 Item 09
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PERSPECTIVE FROM SOUTHWEST
8th ST
CAMINO DEL MAR
DEVELOPMENT DATA
MAX DENSITY BONUS SCENARIO
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LEVEL 1 - BUILDING PLAN
15 PARKING SPACES
3 0 30 60
AMENITY
12 8th STREET
CAMINO DEL MAR
A2
159'-10"
81'-4"
ELECTRIC RM
TRASH
TRANSFORMER
COMMERCIAL
B1
A1 A1 A1
B1
A1
A1 A1
SECTION
2 PL
15'-0"
9'-0"
30'-0"
PL
CDM 1
LEVEL 2 - FLOOR PLAN
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PARKING
UNIT TABULATION GROSS FLOOR AREA
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PERSPECTIVE FROM SOUTHWEST
8th ST
CAMINO DEL MAR
DEVELOPMENT DATA
THIS STUDY PROPOSES ALTERNATE DENSITY AND PARKING
RATIOS TO INCREASE FEASIBILITY OF HOUSING ON THIS SITE.
INCREASED BASE DENSITY & MAX DENSITY
BONUS SCENARIO
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LEVEL 1 - BUILDING PLAN
17 PARKING SPACES
5 0 30 60
12 8th STREET
CAMINO DEL MAR
A2
159'-10"
81'-4"
ELECTRIC RM
TRASH
TRANSFORMER
SECTION
2 PL
12'-0"
9'-0"
PL
CDM 1
LEVEL 2 - FLOOR PLAN
AMENITY LOBBY
S1 B1 A1
A1 A1
A1
S1
S1 S1 S1
S1 S1 S1 S1
B1
26'-0"
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PARKING
UNIT TABULATION GROSS FLOOR AREA
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PERSPECTIVE FROM SOUTHWEST
8th ST
CAMINO DEL MAR
DEVELOPMENT DATA
INCREASED BASE DENSITY & MAX DENSITY
BONUS SCENARIO
THIS STUDY PROPOSES ALTERNATE DENSITY AND PARKING
RATIOS TO INCREASE FEASIBILITY OF HOUSING ON THIS SITE. 45 January 23, 2023 Item 09
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LEVEL 1 - BUILDING PLAN
17 PARKING SPACES
5 0 30 60
12 8th STREET
CAMINO DEL MAR
159'-10"
81'-4"
ELECTRIC RM
TRASH
TRANSFORMER
SECTION
2 PL
12'-0"
10'-0"
PL
CDM 1
LEVEL 2-3 - FLOOR PLAN
LOBBY
A1
A1 A1
A1 S1
S1 S1 S1
S1 S1 S1 S1 B1
35'-0"
B2
9'-0" 4'-0"
2 3
RETAIL
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PARKING
UNIT TABULATION GROSS FLOOR AREA
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www.SDArchitects.net 1
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE DATE
1/18/22
NC-1
PERSPECTIVE FROM SOUTHEAST
DEVELOPMENT DATA
MAX DENSITY BONUS SCENARIO
JIMMY DURANTE BLVD
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PARKING
STEPHEN DALTON ARCHITECTS
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DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE DATE
1/18/22
NC-1
UNIT TABULATION GROSS FLOOR AREA
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TRASH
UTIL.
ELECT. RM
TRASH
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 3
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE DATE
1/18/22
NC-1 LEVEL 1 - BUILDING PLAN
RETAIL
14 0 40 80
JIMMY DURANTE BLVD
TOTAL PARKING43 SPACES
13 8
7 LOBBY
E
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TRASH CHUTE
17'-0"
12'-0"
10'-0"
9'-0"
36'-0"
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 4
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE DATE
1/18/22
NC-1
B1
0 40 80
S1
A1
A1
A2
A1
A1
A1
A2
E
LEVELS 2-3: FLOOR PLAN
S1
S1
A1
SECTION
JIMMY
DURANTE
BLVD
RETAIL ROOF
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DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE DATE
1/18/22
NC-1 EXISTING CONDITIONS
SOURCE: SANGIS
0 40 80
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DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
PERSPECTIVE FROM SOUTHEAST
DEVELOPMENT DATA
INCREASED BASE DENSITY & MAX DENSITY
BONUS SCENARIO
JIMMY DURANTE BLVD
THIS STUDY PROPOSES ALTERNATE DENSITY AND PARKING
RATIOS TO INCREASE FEASIBILITY OF HOUSING ON THIS SITE. 53 January 23, 2023 Item 09
PARKING
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 2
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
UNIT TABULATION GROSS FLOOR AREA
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TRASH
UTIL.
ELECT. RM
TRASH
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 3
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
LEVEL 1 - BUILDING PLAN
RETAIL
14 0 40 80
JIMMY DURANTE BLVD
TOTAL PARKING43 SPACES
13 8
7 LOBBY
E
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TRASH CHUTE
17'-0"
12'-0"
10'-0"
9'-0"
35'-0"
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 4
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
B1
0 40 80
S1
A1
A1
A2
B2
A1
A1
A2
E
LEVEL 2: FLOOR PLAN
S1
S1
A1
SECTION
JIMMY
DURANTE
BLVD
RETAIL
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TRASH CHUTE
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 5
DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
B1
0 40 80
S1
A1
A1
A2
A3
A1
A1
A2
E
LEVEL 3: FLOOR PLAN
S1
S1
A1
S1
A1 A1 A1 A1 A1 B1
S1 S1 S1 A1
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DM HOUSING - PHASE II
2148 & 2236 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE NC-2
DATE
1/18/22
EXISTING CONDITIONS
SOURCE: SANGIS
0 40 80
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DEVELOPMENT DATA
MAX DENSITY BONUS SCENARIO
PERSPECTIVE FROM NORTHEAST
CAMINO DEL MAR
10TH ST
CC-1
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18 PARKING SPACES
0 30 60
14 10TH ST
CAMINO DEL MAR
100'-0"
190'-0"
4 10'-0"
10'-0" 3'-0"
24'-0"
TRASH
A1
A1
A1 A1 A1 A1 A1
CC-1
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0 30 60
100'-0"
190'-0"
A1
A1
3'-0"
12'-6" 10'-0"
A1 A1 A1 A1 A1
10'-0"
SECTION 1
PL
1 11'-0" 9'-0"
B
PL
CDM
14'-0"
25'-0"
CC-1
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GROSS FLOOR AREA
PARKING
UNIT TABULATION
CC-1
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DEVELOPMENT DATA
DENSITY / INCENTIVES
PERSPECTIVE FROM NORTHEAST
CAMINO DEL MAR
10TH ST
THIS STUDY PROPOSES ALTERNATE DENSITY AND PARKING
RATIOS TO INCREASE FEASIBILITY OF HOUSING ON THIS SITE. 63 January 23, 2023 Item 09
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BUILDING PLAN: BASEMENT
35 PARKING SPACES
0 30 60
14 10TH ST
CAMINO DEL MAR
5 100'-0"
190'-0"
4 4
2 3 3
10'-0"
10'-0"
6'-0"
22'-0"
TRASH
ELCT. RM
PARKING
SECTION 1
PL
1 12'-0" 10'-0"
9'-0"
2 B
PL
CDM
25'-0"
36'-0"
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BUILDING PLAN: LEVEL 1 (STREET LEVEL)
COURTYARD
0 30 60
10TH ST
CAMINO DEL MAR
100'-0"
190'-0"
A1
10'-0"
A1
A1 A1
A1 A1
A1
A1
A1
A1
S1 S1 S1
S1 S1
S1
S1
2'-6"
4'-0" 10'-0"
LOBBY
AMENITY
ELV
UNIT TABULATION
TC
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BUILDING PLAN: LEVEL 2
0 30 60
A1
10'-0"
A1
A1
A1 A1
A1 A1
A1
A1
A1
A1
S1 S1 S1
S1
S1 S1
S1
S1
S2
2'-6"
4'-0" 10'-0"
IDF
TC ST
ST
ELV
GROSS FLOOR AREA
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DEVELOPMENT DATA
PERSPECTIVE FROM NORTHEAST
CAMINO DEL MAR
10TH ST
INCREASED BASE DENSITY & MAX DENSITY
BONUS SCENARIO
THIS STUDY PROPOSES ALTERNATE DENSITY AND PARKING
RATIOS TO INCREASE FEASIBILITY OF HOUSING ON THIS SITE. 67 January 23, 2023 Item 09
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BUILDING PLAN: BASEMENT
35 PARKING SPACES
0 30 60
14 10TH ST
CAMINO DEL MAR
5 100'-0"
190'-0"
4 4
2 3 3
10'-0"
10'-0"
6'-0"
22'-0"
TRASH
ELCT. RM
SECTION 1
PL
1 12'-0" 10'-0"
9'-0"
2 B
PL
CDM
24'-0"
35'-0"
PARKING
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BUILDING PLAN: LEVEL 1 (STREET LEVEL)
COURTYARD
0 30 60
10TH ST
CAMINO DEL MAR
100'-0"
190'-0"10'-0"
A1 A1
A1
A1
A1
S1 S1
S1
S1
2'-6"
4'-0" 10'-0"
LOBBY
ELV
UNIT TABULATION
S2 TC S1 S1 S1
OFFICE
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BUILDING PLAN: LEVEL 2
0 30 60
100'-0"
A1
A1 A1
A1
A1
A1
A1
S1 S1 S1
S1
S1 S1
S1
S1
S2
2'-6"
4'-0" 10'-0"
IDF
TC ST
ST
ELV
GROSS FLOOR AREA
S1 S1 S1
S1 S1 S1
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DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
DEVELOPMENT DATA
MAX DENSITY BONUS SCENARIO
PERSPECTIVE FROM SOUTHEAST
JIMMY DURANTE BLVD
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DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
PARKING
UNIT TABULATION GROSS FLOOR AREA
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DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
LEVEL 1: BUILDING PLAN
OFFICE
JIMMY DURANTE BLVD
NEW RESIDENTIALOVER PARKING
0 50 100
EXISTING OFFICE
TO REMAIN
15 17
15 24
OFFICE
14 10
TOTAL PARKING- 120 SPACES
(96) EXISTING TO REMAIN +
(24) NEW SPACES
E
16 LOBBY
73 January 23, 2023 Item 09
23'-4"
27'-9"
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 4
DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
LEVEL 2: FLOOR PLAN
0 50 100
NEW RESIDENTIAL-
(42) A1 UNITS
A1 A1 A1 A1 A1
A1 A1 A1 A1 A1
OFFICE
ROOF
EXISTING OFFICE
TO REMAIN
A1
E A1
A1 A1
OFFICE
ROOF
OFFICE
74 January 23, 2023 Item 09
23'-4"
27'-9"
10'-0"
5'-0"
12'-0"
10'-0"
10'-0"
10'-0"
10'-0"
45'-0"
25'-0" 9'-0"
5'-0"
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net 5
DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
LEVEL 3-4: FLOOR PLAN
0 50 100
NEW RESIDENTIAL-
(42) A1 UNITS
JIMMY
DURANTE
BLVD
SECTION
A1 A1 A1 A1 A1
A1 A1 A1 A1 A1
OFFICE ROOF
A1 A1
A1
A1
75 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS
www.SDArchitects.net
6 DM HOUSING - PHASE II
2010 JIMMY DURANTE BLVD- NORTH COMMERCIAL (NC) ZONE
2010
JDB-1
DATE
1/18/23
EXISTING CONDITIONS
SOURCE: SANGIS
0 50 100
76 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 1 RMS-1
DEVELOPMENT DATA
MAX DENSITY BONUS SCENARIO
PERSPECTIVE FROM SOUTHWEST
4TH ST
STRATFORD CT
CAMINO DEL MAR
77 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 2 RMS-1
GROSS FLOOR AREA
PARKING
UNIT TABULATION
78 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 3 RMS-1 SITE PLAN 0 50 100
3 A1
STRATFORD CT
390'-0"
305'-0"
26'-0"
26'-0"
26'-0"
4TH ST
CAMINO DEL MAR
B1 A1 C1 C1 A1 B1 A1
C1
A1
A1 A1
A1
B1 B1 B1 B1
A1 A1
A1 A1
C1 C1 C1
35 SURFACE PACES
LOBBY
&
SUPPORT
SERVICES
COMMON OUTDOOR
SPACE
(INCLUDES 600 SF
PLAYGROUND)
GARAGES GARAGES GARAGES
GARAGES
GARAGESGARAGES
GARAGES
GARAGES
GARAGES
GARAGES
TRASH
ELECT. METERS, TYP
15 4
3 1 1
2 2 2 2
15 15
8 8
7 7
7 7
8 8
10'-0"
20'-0" 20'-0" 15'-0"
79 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 4 RMS-1 BUILDING PLAN: LEVEL 2 0 50 100
A1
390'-0"
305'-0"
B1 A1 C1 C1 A1 B1 A1
C1
A1
A1 A1
A1
B1 B1 B1 B1
A1 A1
A1 A1
C1 C1 C1
LOBBY ROOF
A2
C2
A2
C2
B2
A2
B2
A2
A2 B2 A2 C2 C2 A2 B2 A2
A2
C2
B2
A2
26'-0" 26'-0" 28'-0" 10'-0"
20'-0"
20'-0"
80 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 5 RMS-1 BUILDING PLAN: LEVEL 3 0 50 100
B1 A1 C1 C1 A1 B1
A1
A1
B1 B1
A1
A1
C1 C1
B2 A2 C2 C2 A2 B2
A2
C2
B2
A2
LOW ROOF, TYP
LOW ROOF, TYP
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STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net MIXED RESIDENTIAL SOUTH (RMS) ZONE 6 RMS-1
SECTION 1
0 50 100
PL
1 25'-0"
2 1
2 3
1 2
3 1
2 PL
35'-0"
LOBBY
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STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net PSP - PLAZA SPECIFIC PLAN 1
PSP-1
BUILDING PLAN: PLAZA LEVEL
0 20 40
A1
b2
b1
b3
b5
s1
b4
LIGHT
COURT
LOBBY/
AMENITY
HALL 2
HALL 1
STAIR
E
EXISTING CORE
PRIVATE PATIO, TYP.
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STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net PSP - PLAZA SPECIFIC PLAN 2
PSP-1
AFFORDABLE HOUSING MITIGATION SCENARIO
DEVELOPMENT DATA
84 January 23, 2023 Item 09
STEPHEN DALTON ARCHITECTS DATE DM HOUSING - PHASE II 1/18/22 www.SDArchitects.net PSP - PLAZA SPECIFIC PLAN 3
PSP-1
GROSS FLOOR AREA
PARKING
UNIT TABULATION
85 January 23, 2023 Item 09
ECONOMIC STUDY
6 TH CYCLE HOUSING ELEMENT - MULTI-UNIT SITES
CITY OF DEL MAR
Prepared for:
City of Del Mar
Prepared by:
Keyser Marston Associates, Inc.
January 2023
Attachment B
86 January 23, 2023 Item 09
TABLE OF CONTENTS
I. Introduction....................................................................................................................................... 1 II. Key Findings....................................................................................................................................... 3 III. Overview of Affordable Housing Parameters.................................................................................... 6 IV. Affordable Housing Overlay Zone ..................................................................................................... 8 V. Multi-Unit Sites Feasibility Analysis................................................................................................... 9 VI. Feasibility Analysis Conclusions....................................................................................................... 19 VII. Limiting Conditions.......................................................................................................................... 27
APPENDIX
Appendix Feasibility Analysis: Multi-Unit Sites
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th Cycle Housing Element Page 1
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I. INTRODUCTION
A. Objective
Keyser Marston Associates, Inc. (KMA) was engaged by the City of Del Mar (City) to prepare this Economic Study (Study) to assess the economic viability of incentive programs in the City’s 6th Cycle Housing Element, specifically Housing Element Update (HEU) Program 1D. HEU Program 1D considers actions that the City will take to create an Affordable Housing Overlay Zone (AHOZ) to encourage property owners of selected properties to pursue permit applications to accommodate dwelling units for lower income households.
The City seeks to evaluate whether it is feasible to expect the private market to develop affordable housing on these sites based on existing market conditions. This Study evaluates the overall viability of an AHOZ and potential enhanced incentives that could be offered to encourage the development of affordable units.
B. Methodology
KMA performed the following key work tasks in completing this Study.
1. Reviewed regional and local market parameters for rental residential uses, including third-party residential market data related to inventory, rental rates, and property values.
2. Assisted City staff and the City’s urban design consultant, Stephen Dalton Architects (SDA), to formulate project descriptions for six (6) potential development sites/prototypes within the City.
3. Prepared a series of financial pro forma models to estimate the economic impact to a property owner considering the development of affordable units on the six (6) potential development sites.
C. Organization of Report
This Study is organized into the following key sections:
• Following this introduction, Section II presents the KMA key findings. • Section III provides an overview of affordable housing parameters. • Section IV profiles the potential Affordable Housing Overlay Zone. 88 January 23, 2023 Item 09
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th Cycle Housing Element Page 2
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• Section V provides an overview of the KMA feasibility analysis estimating the economic impact to a property owner considering development of affordable units on six (6) potential development sites. • Section VI presents the feasibility analysis conclusions. • Section VII specifies limiting conditions pertaining to this Study. • The detailed feasibility analysis is presented in the Appendix. 89 January 23, 2023 Item 09
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th Cycle Housing Element Page 3
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II. KEY FINDINGS
The KMA feasibility analysis evaluates the financial feasibility of various residential product types and densities. City staff and SDA identified six (6) potential development sites for feasibility testing. The zones, selected sites, and type of development considered for each site are presented in Table II-1.
Table II-1: Potential Development by Zone/Site
Scenario Zone Site Address Potential Development
A Professional Commercial
(PC) Zone
807 Camino Del Mar New construction
Mixed-income multi-family
development
B North Commercial
(NC) Zone
2148 and 2236 Jimmy
Durante Boulevard
New construction
Mixed-income multi-family
development
C Central Commercial
(CC) Zone
Camino Del Mar & 10th
Street
New construction
Mixed-income multi-family
development
D North Commercial
(NC) Zone
2010 Jimmy Durante
Boulevard
Acquisition/renovation of existing
office building
New construction of mixed-income
multi-family development
E RM-South (RM-S) Multi-Unit Residential
Sites
Acquisition/demolition of existing
multi-family complex
New construction of mixed-income
multi-family development
F Plaza Specific Plan (PSP) Del Mar Plaza
Commercial Center
Adaptive re-use of portion of existing
retail center into mixed-income multifamily rental units For each site/development prototype, KMA considered two affordability mix scenarios:
(1) The affordability mix needed to achieve a maximum 50% density bonus under California Density Bonus Law, i.e., either 15% very low income or 24% low income; and (2) The affordability mix needed to satisfy the City’s affordable housing mitigation requirement of 20% of units at low income1.
1 Units at extremely low and very low income may also be required based on number of units in development. 90 January 23, 2023 Item 09
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th Cycle Housing Element Page 4
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Financial feasibility for multi-unit sites in the PC Zone, NC Zone (2148 and 2236 Jimmy Durante Boulevard), and the CC Zone (Scenarios A, B, and C, respectively) was measured by comparing the residual land value for each development scenario vs. recent comparable land sales. Residual land value represents the supportable land payment generated by a specific development opportunity. (See detailed discussion in Section V below.) Recent comparable land acquisition values for multi-family residential development in the North Coastal communities of Del Mar, Oceanside, Carlsbad, Encinitas, and Solana Beach, west of Interstate 5 (I-5), were found to be concentrated between $125 and $225 per square foot (SF), with a median of $154 per SF. No comparable land sales were identified in Del Mar. Based on this market context, KMA used the following benchmarks to rank the relative financial feasibility Scenarios A, B, and C.
High Feasibility: Greater than $100/SF residual land value. The existing incentives are sufficient under current market conditions to encourage the development of affordable units.
Medium Feasibility: Approximately $50 - $99/SF residual land value. May need additional incentives under current market conditions to encourage the development of affordable units.
Low Feasibility: Less than $50 residual land value. Additional incentives are needed to encourage the development of affordable units under current market conditions.
The development prototypes for multi-unit sites in the NC Zone (2010 Jimmy Durante Boulevard), RM-S Zone, and PSP (Scenarios D, E, and F, respectively) all include acquisition of an existing improved property and either demolition or adaptive re-use of all or a portion of the existing use. Therefore, KMA measured financial feasibility for these sites by determining if the development scenario analyzed generated a financing surplus or deficit after considering the acquisition costs for the existing improved property. If the development scenario generates a financing surplus, then the development scenario is determined to be feasible. If the development scenario generates a financing deficit, then the prototype is determined to be infeasible, as summarized below.
Feasible: Positive financing surplus/(deficit). Under current market conditions the existing incentives are sufficient to encourage the development of affordable units.
Infeasible: Negative financing surplus/(deficit). Under current market conditions additional incentives are needed to encourage the development of affordable units.
Based on the above benchmarks, the KMA financial feasibility analyses of the various zones/sites and affordability scenarios yield the following principal conclusions.
1. The affordability mix scenario needed to satisfy the City’s affordable housing mitigation requirements results in more affordable units, and in some cases, deeper affordability, than the minimum 91 January 23, 2023 Item 09
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th Cycle Housing Element Page 5
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affordability mix needed to achieve the maximum density bonus under California Density Bonus Law.
As a result of this higher affordability requirement, the affordable housing mitigation scenario is typically less feasible, or infeasible, for property owners to implement.
2. Only one of the development scenarios assuming the City’s affordable housing mitigation requirements achieved “High” feasibility. The remaining affordable housing mitigation scenarios were estimated to experience “Low” to “Medium” feasibility and may need additional incentives to encourage the development of affordable units.
3. KMA and SDA tested a series of variations in project description for several of the zones/sites. Factors that tended to increase project feasibility included: (a) new construction (as opposed to adaptive reuse of existing improvements); (b) higher density and/or building height (up to three to four stories), and (c) inclusion of a commercial development component.
4. Although the commercial/retail components within the various development scenarios were found to have a positive impact on project feasibility, KMA recommends that the City consider an incentive that waives the requirement to include ground floor commercial uses if a project is developed as mixedincome, to provide property owners greater flexibility.
5. The Development scenario involving the new construction of a mixed-income multi-unit residential development on an underutilized existing office development site in the NC Zone (Scenario D) is estimated to experience a feasible outcome.
6. Development scenarios involving either demolition or adaptive re-use of all or a portion of an existing use, i.e., multi-unit residential sites in the RM-S Zone (Scenario E) or residential units within the Plaza Specific Plan (Scenario F), were estimated to experience “Low” feasibility. For these scenarios, KMA found that the existing improvements (apartments in Scenario E and retail space in Scenario F) have significant remaining economic value – and resulting acquisition basis -- thereby making the proposed project infeasible.
7. In view of these conclusions, KMA found that the scenarios most likely for developing affordable units in a potential AHOZ typically reflect all/any of the following parameters:
• New construction on a vacant or under-utilized site, rather than demolition or adaptive re-use of an existing improved property
• Affordability requirements subject to the State Density Bonus Law, rather than the City’s affordable housing mitigation requirements
• Higher density and/or building height
• The option, but not requirement, to include a commercial development component 92 January 23, 2023 Item 09
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th Cycle Housing Element Page 6
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III. OVERVIEW OF AFFORDABLE HOUSING PARAMETERS
A. Affordable Housing Units Needed
Jurisdictions must revise their Housing Elements every eight years. The City adopted the 6th Cycle Housing Element Update (HEU) on March 25, 2021, obtained comments from the State of California Department of Housing and Community Development (HCD) in July 2021, and re-adopted the HEU in December 2021 with the revisions requested by HCD. The HEU plans for, and guides, the development of new housing opportunities within the City for the period 2021-2029. The HEU identifies potential locations and/or sites within the City for possible development of new housing opportunities in general, and lower income housing units in particular.
The City’s plan for accommodating its regional share of dwelling units and associated household income levels must be defined in the HEU. It is derived from the Regional Housing Needs Assessments (RHNA), determined under the following process:
1. HCD develops a regional housing needs estimate for each region in California.
2. The State sends the estimate to the San Diego Association of Governments (SANDAG) for the regional allocation that is assigned to each jurisdiction based on adopted methodology.
3. The RHNA is adopted by the SANDAG Board of Directors.
4. The jurisdiction incorporates the allocation into the Housing Element and must demonstrate adequate site capacity that can accommodate development of the housing allocation in each income category.
The City’s current RHNA estimate for the 6th Cycle is 175 total units, which is allocated as follows:
Table III-1: City of Del Mar - 6
th Cycle Housing Element RHNA Allocation of Units
Income Level Area Median
Income (AMI) Unit Count
Percent of
Total
Very Low Less than 50% of AMI 37 units 23%
Low 51% to 80% of AMI 76 units (1) 39%
Moderate 80% to 120% of AMI 31 units 19%
Above Moderate Over 120% of AMI 31 units 19%
Total 175 units 100%
(1) Includes 12 low-income units allocated during the 5th Cycle Housing Element. 93 January 23, 2023 Item 09
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th Cycle Housing Element Page 7
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B. Who Qualifies for Affordable Housing: Income and Rent Levels Both the State and the Federal governments impose household income qualification and affordable housing cost standards for households living in affordable housing. These standards are all measured against the Area Median Income. For the City of Del Mar, the Area Median Income is based on San Diego County as a whole. Table III-2 illustrates the income standards in San Diego County for 2022.
Table III-2: Income Restrictions, 2022
Household Size
Extremely
Low Income
Less than 30% AMI
Very Low Income
Between 31%
and 50% AMI
Low Income
Between 51%
and 80% AMI
1 Person $27,350 $45,550 $72,900
2 Persons $31,250 $52,050 $83,300
3 Persons $35,150 $58,550 $93,700
4 Persons $39,050 $65,050 $104,100
5 Persons $42,200 $70,300 $112,450
Source: State of California Department of Housing and Community Development (HCD) 2022 income limits.
Comparatively, the affordable rent calculations are based on defined benchmarks for determining the allowable rents for extremely low-, very low-, and low-income units. Table III-3 illustrates the affordable rents standards in San Diego County for 2022. For comparison purposes, Table III-3 also shows current average market rents for one-, two-, and three-bedroom units based on a survey of market-rate apartment complexes located in the North Coastal cities/communities of San Diego County.
Table III-3: Affordable and Market Rents, 2022
Restricted Rents, 2022 (1)(2)
Average Market Rents
North Coastal
Cities/Communities (3)
Unit Size
Extremely
Low Income
30% of
30% AMI
Very Low
Income
30% of
50% AMI
Low Income
30% of
60% AMI
Studio $561 $936 $1,123 $2,100
1 Bedroom $642 $1,069 $1,283 $2,600
2 Bedroom $722 $1,203 $1,443 $3,100
3 Bedroom $802 $1,336 $1,604 $4,100
(1) Based on established benchmarks defined in H&SC Section 50053. (2) Reflects gross rent. Gross rent minus utility allowance = maximum cash rent. (3) Includes the cities and communities of Del Mar, Carlsbad, Cardiff by the Sea, Oceanside, San Diego (North Coastal areas), and Solana Beach. Source: CoStar Group, April 2022. 94 January 23, 2023 Item 09
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th Cycle Housing Element Page 8
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IV. AFFORDABLE HOUSING OVERLAY ZONE
Program 1D of the City’s 6th Cycle Housing Element specifies that if the City has not secured agreements for, or produced, at least 30 affordable units (deed restricted for lower income households) within 48 months of adoption of the Housing Element, the City will prepare additional incentives and proceed with the process to implement a new AHOZ to better connect selected opportunity sites with incentives.
The City is considering the following key factors in evaluating the potential to establish an AHOZ:
• The feasibility of expecting the private market to develop affordable housing on select sites; • Existing barriers or limitations that should be considered (i.e., height, floor area ratio (FAR), setbacks, lot coverage, parking) as incentives or regulatory conversions to facilitate production of affordable units; and
• Interest from property owners and input from stakeholders.
The implementation of a new AHOZ on certain properties will require amendments to the City’s Municipal Code and Local Coastal Program to create adequate sites for the development of lower income units. 95 January 23, 2023 Item 09
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th Cycle Housing Element Page 9
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V. MULTI-UNIT SITES FEASIBILITY ANALYSIS
A. Multi-Unit Sites and Development Scenarios
To evaluate the financial feasibility of an AHOZ, SDA conducted site-specific zoning assessments and prepared architectural concepts for six (6) site locations. Three (3) sites were selected from the HEU sites inventory (Primary Sites), and three (3) hypothetical sites were selected as opportunity locations where legislative actions would be needed to facilitate the development of multi-family units (Additional Sites).
Each site-specific concept studied explores the potential for affordable housing development under a scenario that utilizes the State law affordable housing density bonus. Some of the scenarios included commercial services/office/retail component in addition to residential to help test site constraints and economic feasibility.
Table V-1 provides a summary of the six (6) sites and development scenarios selected for analysis. The development scenarios analyzed reflect development prototypes based on the site’s current zoning, potential increases to the City’s base density, and/or a potential future scenario reflecting an amended Zone Code or Specific Plan.
Table V-1: Multi-Unit Development Sites and Scenarios
Zoning/ Development
Scenario
Site
Area
Density
(Units/
Acre)
Number
of Units
(Base
Zone)
Density
(Units/
Acre)
Number of
Units
(with
Density
Bonus)
Average
Unit
Size
Commercial/
Retail Area
PRE-DENSITY BONUS SCENARIO DENSITY BONUS SCENARIO
A. Professional Commercial (PC) Zone – 807 Camino Del Mar PC-1
Current
Zoning
0.30 Acres
20 6 Units 30 9 Units 747 SF 2,300 SF
PC-2
Potential
Increase
0.30 Acres
37 11 Units 55 16 Units 559 SF 0 SF
PC-3
Potential
Increase
0.30 Acres
63 19 Units 97 29 Units 557 SF 2,535 SF
B. North Commercial (NC) Zone – 2148 and 2236 Jimmy Durante Boulevard NC-1
Current
Zoning
0.80 Acres
20 16 30 24 Units 593 SF 5,212 SF
NC-2
Potential
Increase
0.80 Acres
29 23 44 35 Units 605 SF 5,316 SF
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th Cycle Housing Element Page 10
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Table V-1: Multi-Unit Development Sites and Scenarios
Zoning/ Development
Scenario
Site
Area
Density
(Units/
Acre)
Number
of Units
(Base
Zone)
Density
(Units/
Acre)
Number of
Units
(with
Density
Bonus)
Average
Unit
Size
Commercial/
Retail Area
PRE-DENSITY BONUS SCENARIO DENSITY BONUS SCENARIO
C. Central Commercial (CC) Zone – Camino Del Mar & 10th Street CC-1
Zoning @
20 DU/Acre
0.44 Acres
20 9 Units 32 14 Units 504 SF 0 SF
CC-2
Potential
Increase
0.44 Acres
55 24 Units 85 37 Units 448 SF 0 SF
CC-3
Potential
Increase
0.44 Acres
55 23 Units 83 35 Units 423 SF 3,516 SF
D. North Commercial (NC) Zone – 2010 Jimmy Durante Boulevard 2010
JDB-1
Current
Zoning
2.12 Acres
20 43 Units 31 65 units 819 SF 5,360 SF
E. RM-South Zone – Multi-unit Residential Sites
RMS-1
Potential
Zoning
2.23 Acres
30 67 Units 45 100 Units 701 SF 0 SF
F. Plaza Specific Plan (PSP) – Del Mar Plaza Commercial Center PSP-1
Potential
Zoning
--- --- 14 Units --- 14 Units
0.44 Acres
665 SF
B. Affordability Scenarios
KMA prepared financial feasibility analyses of the various development scenarios formulated by SDA.
For each development scenario, KMA considered two affordability mix scenarios: (1) the affordability mix needed to achieve maximum density bonus under California Density Bonus Law (California Government Code Sections 65915-65918); and (2) the affordability mix needed to satisfy the City’s affordable housing mitigation requirements (Del Mar Municipal Code Chapter 24.21), as described in Table V-2. 97 January 23, 2023 Item 09
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th Cycle Housing Element Page 11
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Table V-2: State of California Density Bonus Law vs. City of Del Mar Affordable Housing Mitigation Requirements
Density Bonus Law
State of California
Affordable Housing Mitigation
City of Del Mar
Affordability
Requirement
Maximum Density Bonus (50%)
• 15% Very Low
• 24% Low
• 2-5 units = 1 unit @ Low or pay in-lieu fee
• 6-9 units = 1 unit @ Low
• 10-19 units = 20% Low (w/ at least 1 unit
Very Low)
• 20-29 units 20% Low (w/at least 1 unit
Extremely Low, 1 unit Very Low)
• 30+ units 20% Low (w/at least 2 units
Extremely Low, 2 units Very Low)
Calculating
Number of
Units
• All density bonus calculations
resulting in a fraction are rounded
up to the next whole number
• Affordable unit percentage is
calculated excluding units added by
density bonus
• Each component of any density
calculation including base density
and bonus density, resulting in
fractional units shall be separately
rounded up to the next whole
number
• Number of units required based on the
total number of units, including any units
added as a result of density bonus
• Where the calculation of the affordable
housing mitigation requirements results
in a fraction of one-half or greater, such a
fraction will be rounded up to the next
whole number
As noted above, the City’s affordable housing mitigation requirements result in more affordable units, including in some cases deeper levels of affordability than the affordability levels needed to achieve maximum density bonus under California Density Bonus Law.
Exhibits 1, 2, and 3 on the following pages provide a summary of the development scenarios and each of the corresponding affordability scenarios analyzed by KMA. 98 January 23, 2023 Item 09
EXHIBIT 1
SUBJECT SITES - AFFORDABILITY SCENARIOS
MULTI-FAMILY SITES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Site Area
II.
III.
Extremely Low -- -- -- -- -- 1 Unit
Very Low 1 Unit -- 2 Units 2 Units 3 Units 2 Units
Low -- 2 Units -- 2 Units -- 3 Units
Market-Rate 2 Units 1 Unit 3 Units 1 Unit 7 Units 4 Units Total 3 Units 3 Units 5 Units 5 Units 10 Units 10 Units IV. Total Units with Density Bonus
Affordable 1 Units 2 Units 2 Units 4 Units 3 Units 6 Units Market-Rate 8 Units 7 Units 14 Units 12 Units 26 Units 23 Units Total 9 Units 9 Units 16 Units 16 Units 29 Units 29 Units V. Commercial/Office/Retail Area
A
807 Camino Del Mar
PC Zone
0.30 Acres 0.30 Acres 0.30 Acres
Current Zoning @ 9 Units Potential Increase @ 16 Units
Potential Increase @ 29 Units, 3 Stories,
w/Commercial
Potential Number of Units
(pre-density bonus)
6 Units 11 Units 19 Units
Add: Bonus Affordable/
Market-Rate Units
20 Units/Acre 37 Units/Acre 63 Units/Acre
30 Units/Acre 30 Units/Acre 53 Units/Acre 53 Units/Acre 97 Units/Acre 97 Units/Acre 2,300 SF 0 SF 2,535 SF
Affordable Housing
Mitigation (2)
Maximum
Density Bonus (1)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (3)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (4)
Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
EXHIBIT 1
SUBJECT SITES - AFFORDABILITY SCENARIOS
MULTI-FAMILY SITES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Site Area
II.
III.
Extremely Low
Very Low
Low
Market-Rate
Total
IV. Total Units with Density Bonus
Affordable
Market-Rate
Total
V. Commercial/Office/Retail Area
Potential Number of Units
(pre-density bonus)
Add: Bonus Affordable/
Market-Rate Units
ELEMENT
-- 1 Unit -- 2 Units
3 Units 2 Units 4 Units 2 Units
-- 2 Units -- 3 Units
5 Units 3 Units 7 Units 4 Units
8 Units 8 Units 11 Units 11 Units
3 Units 5 Units 4 Units 7 Units
21 Units 19 Units 30 Units 27 Units
24 Units 24 Units 34 Units 34 Units
B
2148 and 2236 Jimmy Durante Boulevard
North Commercial (NC) Zone
0.80 Acres 0.80 Acres
Current Zoning @ 24 Units Potential Increase @ 34 Units, 3 Stories, w/ Retail
16 Units 23 Units
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (4)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (5)
20 Units/Acre 29 Units/Acre
30 Units/Acre 30 Units/Acre 43 Units/Acre 43 Units/Acre 5,212 SF 5,376 SF
Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
EXHIBIT 1
SUBJECT SITES - AFFORDABILITY SCENARIOS
MULTI-FAMILY SITES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Site Area
II.
III.
Extremely Low
Very Low
Low
Market-Rate
Total
IV. Total Units with Density Bonus
Affordable
Market-Rate
Total
V. Commercial/Office/Retail Area
Potential Number of Units
(pre-density bonus)
Add: Bonus Affordable/
Market-Rate Units
ELEMENT
-- -- -- 2 Units -- 2 Units
2 Units 2 Units 4 Units 2 Units 4 Units 2 Units
-- 1 Unit -- 4 Units -- 3 Units
3 Units 2 Units 9 Units 5 Units 8 Units 5 Units
5 Units 5 Units 13 Units 13 Units 12 Units 12 Units
2 Units 3 Units 4 Units 8 Units 4 Units 7 Units
12 Units 11 Units 33 Units 29 Units 31 Units 28 Units
14 Units 14 Units 37 Units 37 Units 35 Units 35 Units
C
Central Commercial (CC) (6)
Camino Del Mar & 10th Street
Zoning @
20 Units/Acre, 14 Units
0.44 Acres 0.44 Acres 0.44 Acres
Potential Increase @ 37 Units Potential Increase @ 35 Units, 3 Stories, w/Commercial
9 Units 24 Units 23 Units
55 Units/Acre 52 Units/Acre
Maximum
Density Bonus (1)
20 Units/Acre
Affordable Housing
Mitigation (3)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (5)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (5)
32 Units/Acre 32 Units/Acre 85 Units/Acre 85 Units/Acre 80 Units/Acre 80 Units/Acre 0 SF 0 SF 3,516 SF
Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
EXHIBIT 2
SUBJECT SITES - AFFORDABILITY SCENARIOS
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Site Area
II.
III.
Extremely Low -- -- 2 Units --
Very Low 8 Units 10 Units 8 Units 1 Unit
Low -- -- 10 Units 2 Units
Market-Rate 34 Units 23 Units 13 Units --
Total 42 Units 33 Units 33 Units 3 Units
IV. Total Units with Density Bonus
Affordable 8 Units 10 Units 20 Units 3 Units
Market-Rate 34 Units 90 Units 80 Units 11 Units
Total 42 Units 100 Units 100 Units 14 Units
20 Units/Acre
V. Commercial/Office/Retail Area
F
Multi-Unit Residential Sites Del Mar Plaza Commercial Center Potential Zoning @ 100 Units
2.23 Acres --- ---
Potential Zoning @ 14 Units
Plaza Specific Plan (10)
D
RM-South (RM-S) (8)
2010 Jimmy Durante Boulevard
Current Zoning @ 42 Units
Add: Bonus Affordable/
Market-Rate Units
Affordable Housing
Mitigation (11)
Potential Number of Units
(pre-density bonus)
67 Units 14 Units
30 Units/Acre
42 Units
20 Units/Acre
45 Units/Acre 45 Units/Acre
--- ---
2.12 Acres
North Commercial (NC) Zone
E
Maximum
Density Bonus (1)
Maximum
Density Bonus (1)
Affordable Housing
Mitigation (9)
43,930 SF
Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
EXHIBIT 3
SUBJECT SITES - AFFORDABILITY SCENARIOS - NOTES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
(1) Assumes at least 15% of pre-density bonus housing units are very low. All density bonus calculations resulting in a fraction are rounded up to the next whole number.
(2) Reflects affordable housing mitigation requirement for developments of 6 - 9 units of one (1) rental unit at low.
Assumes one (1) additional unit at low to achieve maximum density bonus. (3) Reflects affordable housing mitigation requirement for developments of 10-19 units of at least 20% low income with at least one (1) unit at very low. Assumes one (1) additional unit at very low to achieve maximum density bonus. (4) Reflects affordable housing mitigation requirement for developments of 20 - 29 units of at least 20% low income with at least one (1) unit at extremely low and one (1) unit at very low. Assumes one (1) additional unit at very low to achieve maximum density bonus.
(5) Reflects affordable housing mitigation requirement for developments of 30+ units of at least 20% low income with at least two (2) units at extremely low and two (2) units at very low. (6) CC Zone does not currently allow for multi-unit development. Proposed scenario is hypothetical and can only occur if HEU Program 1C is implemented allowing for a 20 du/acre maximum density zone. (7) Reflects affordable housing mitigation requirement for developments of 30+ units of at least 20% low Income with at least two (2) units at extremely low and two (2) units at very low. Assumes three (3) additional units at very low to achieve maximum density bonus.
(8) RM-S Zone does not currently allow for multi-unit development at this density. Proposed scenario at base zone maximum of 20 du/acre is hypothetical. A density bonus application cannot be processed until the City amends the base density.
(9) Reflects affordable housing mitigation requirement for developments of 30+ units of at least 20% low Income with at least two (2) units at extremely low and two (2) units at very low. Assumes six (6) additional units at very low to achieve maximum density bonus.
(10) Del Mar Plaza concept reflects a hypothetical scenario. Density bonus application could not be processed unless and until the Specific Plan is amended.
(11) Reflects affordable housing mitigation requirement for developments of 10-19 units of at least 20% Low Income with at least one (1) unit at Very Low.
Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
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B. Residual Land Value Methodology
For multi-unit sites in the PC Zone, NC Zone (2148 and 2236 Jimmy Durante Boulevard), and the CC Zone (Scenarios A, B, and C, respectively), KMA prepared a financial pro forma analysis to determine the supportable residual land value. Each residual land value model incorporates estimates of development costs, market-rate and/or affordable rents, and target developer returns. KMA has compiled these inputs and assumptions based on industry data sources, current market research, and our ongoing database of comparable housing developments/transactions.
KMA prepared financial pro forma models for Scenarios A, B, and C, comparing: (a) the residual land value for each development scenario and (b) typical land acquisition costs. • Residual Land Value - Residual land value is defined as the maximum land value supported by a proposed development. It is calculated by estimating the total value upon completion and subtracting the estimated total development costs (other than land acquisition costs) required to develop the project. All pro forma inputs used in the KMA analysis – development costs, market prices and rents, and market value upon completion for the rental prototypes -- are intended to reflect current market conditions. The residual land values for Scenarios A, B, and C are derived from the following calculation.
Exhibit V-1: Residual Land Value Calculation
• Typical Land Costs – Once residual land value was determined for each site/development prototype, KMA compared these outcomes to typical land values in the North Coastal trade area. KMA surveyed comparable land acquisition costs for multi-family residential development in North Coastal communities of Del Mar, Oceanside, Carlsbad, Solana Beach, and Encinitas, west of Interstate 5 (I-5).
Based on these surveys, recent comparable land sales were found to be concentrated between $125 and $225 per square foot (SF), with a median of $154 per SF.
Total Value at
Completion
Estimated
Development
Costs
(excluding land
acquisition)
Residual
Land Value
=
-
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C. Financing Surplus/(Deficit) Methodology
Multi-unit sites in the NC Zone (2010 Jimmy Durante Boulevard), RM-S Zone, and the PSP (Scenarios D, E, and F, respectively) involve the acquisition and renovation, adaptive re-use, and/or demolition of an existing use. KMA prepared a financial pro forma analysis to determine the financing surplus/(deficit) for Scenarios D, E, and F. Each financing surplus/(deficit) model incorporates estimates of development costs, acquisition costs, market-rate and affordable rents, and target developer returns. KMA has compiled these inputs and assumptions based on industry data sources, current market research, and our ongoing database of comparable developments/transactions.
KMA prepared financial pro forma models estimating the financing surplus or deficit associated with Scenarios D, E, and F. Financing surplus/(deficit) is calculated by estimating the total value upon completion and subtracting the estimated total development costs (including acquisition costs) required to develop the project. All pro forma inputs used in the KMA pro forma analyses – development costs, acquisition costs, and market values and rents -- are intended to reflect current market conditions. The financing surplus/(deficit) for Scenarios D, E, and F are derived from the following calculation.
Exhibit V-2: Financing Surplus/(Deficit) Calculation
Total Value at
Completion
Estimated
Development
Costs
(including
acquisition)
Financing
Surplus/(Deficit)
=
-
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VI. FEASIBILITY ANALYSIS CONCLUSIONS
Exhibits 4 and 5 at the end of this section presents a comprehensive summary of the KMA financial feasibility models. The exhibits detail the financial feasibility conclusions for all of the sites and development prototypes studied, based on the two affordability scenarios analyzed:
1. the affordability mix needed to achieve maximum density bonus under California Density Bonus; and
2. the affordability mix needed to satisfy the City’s affordable housing mitigation requirements.
The key financial outcomes from the financial feasibility models for each affordability scenario are highlighted below.
A. Residual Land Value - New Construction Scenarios (A, B, and C) Maximum Density Bonus
The development prototypes for multi-unit sites in the PC Zone, NC Zone (2148 and 2236 Jimmy Durante Boulevard) and CC Zone (Scenarios A, B, and C, respectively) all assume the new construction of a mixedincome multi-family development. Therefore, KMA measured financial feasibility for these sites by comparing the residual land value for each development scenario vs. recent comparable land sales.
As shown in Table VI-1, residual land value conclusions for Scenarios A, B, and C assuming the maximum density bonus under the State’s Density Bonus Law ranged from negative ($43) to $170 per SF land.
Table VI-1: Residual Land Value – Maximum Density Bonus Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Residual Land Value
Per Total Unit Per SF Land
A. Professional Commercial (PC) Zone – 807 Camino Del Mar PC-1 Current Zoning 9 Units 1 Unit $112,000 $77
PC-2 Potential Increase 16 Units 2 Units ($35,000) ($43) PC-3 Potential Increase 29 Units 3 Units $77,000 $170
B. North Commercial (NC) Zone – 2148 and 2236 Jimmy Durante Boulevard NC-1 Current Zoning 24 Units 3 Units $72,000 $49
NC-2 Potential Increase 35 Units 4 Units $123,000 $124
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Table VI-1: Residual Land Value – Maximum Density Bonus Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Residual Land Value
Per Total Unit Per SF Land
C. Central Commercial (CC) Zone – Camino Del Mar & 10th Street CC-1 Zoning @ 20 DU/Acre 14 Units 2 Units $32,000 $24
CC-2 Potential Increase 37 Units 4 Units $31,000 $59
CC-3 Potential Increase 35 Units 4 Units $80,000 $147
Affordable Housing Mitigation
Table VI-2 summarizes the residual land value conclusions for Scenarios A, B, and C assuming the City’s affordable housing mitigation requirements. As shown in Table VI-2, imposition of the City’s inclusionary housing requirement results in residual land value conclusions ranging from negative ($84) to $106 per SF land. In all cases, these conclusions are lower, i.e., less feasible, than the Maximum Density Bonus scenario outcomes.
Table VI-2: Residual Land Value – Affordable Housing Mitigation Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Residual Land Value
Per Total Unit Per SF Land
A. Professional Commercial (PC) Zone – 807 Camino Del Mar PC-1 Current Zoning 9 Units 2 Units $76,000 $52
PC-2 Potential Increase 16 Units 4 Units ($69,000) ($84) PC-3 Potential Increase 29 Units 6 Units $37,000 $83
B. North Commercial (NC) Zone – 2148 and 2236 Jimmy Durante Boulevard NC-1 Current Zoning 24 Units 5 Units $54,000 $37
NC-2 Potential Increase 35 Units 7 Units $60,000 $60
C. Central Commercial (CC) Zone – Camino Del Mar & 10th Street CC-1 Zoning @ 20 DU/Acre 14 Units 3 Units $14,000 $10
CC-2 Potential Increase 37 Units 8 Units $0 ($1)
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Table VI-2: Residual Land Value – Affordable Housing Mitigation Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Residual Land Value
Per Total Unit Per SF Land
CC-3 Potential Increase 35 Units 7 Units $58,000 $106
B. Financing Surplus/(Deficit) – Existing Improved Property Scenarios (D, E, and F) Maximum Density Bonus
The development prototypes for multi-unit sites in the NC Zone (2010 Jimmy Durante Boulevard), RM-S Zone, and PSP (Scenarios D, E, and F, respectively) all include acquisition of an existing improved property and either demolition or adaptive re-use of all or a portion of the existing use. Therefore, KMA measured financial feasibility for these sites by determining if the development scenario analyzed generated a financing surplus or deficit after considering the acquisition costs for the existing improved property As shown in Table VI-3, assuming the maximum density bonus under the State’s Density Bonus Law, Scenario D is estimated to achieve a nominal positive surplus and Scenario E is estimated to experience a substantial financing deficit of negative ($266,000) per unit. These findings indicate that Scenario D appears to be feasible, and Scenario E is infeasible, under current market conditions.
Table VI-3: Financing Surplus/(Deficit) – Maximum Density Bonus Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Financing Surplus/(Deficit)
Per Total Unit Per SF Land
D. North Commercial (NC) Zone – 2010 Jimmy Durante Boulevard 2010
JDB-1
Current Zoning 42 Units 8 Units $700 $0
E. RM-South Zone – Multi-unit Residential Sites
RMS-1 Potential Zoning 100 Units 10 Units ($266,000) ($273) Affordable Housing Mitigation
Table VI-4 summarizes the financing surplus/(deficit) conclusions for Scenarios E and F assuming the City’s affordable housing mitigation requirements. As shown in Table VI-4, imposition of the City’s inclusionary housing requirement results in a financing deficit of negative ($316,000) per unit for Scenario E and negative ($319,000) per unit for Scenario F. These findings indicate that both Scenarios E and F are 108 January 23, 2023 Item 09
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infeasible subject to the City’s affordable housing mitigation requirements under current market conditions.
Table VI-4: Financing Surplus/(Deficit) – Affordable Housing Mitigation Zoning/
Development Scenario
Number of Units
(with Density
Bonus)
Affordable
Units
Financing Surplus/(Deficit)
Per Total Unit Per SF Land
E. RM-South Zone – Multi-unit Residential Sites
RMS-1 Potential Zoning 100 Units 20 Units ($316,000) ($325) F. Plaza Specific Plan (PSP) – Del Mar Plaza Commercial Center PSP-1 Potential Zoning 14 Units --- ($319,000) ---
C. Financial Feasibility Conclusions
PC Zone, NC Zone, and CC Zone (Scenarios A, B, and C)
Financial feasibility under current market conditions was measured by comparing the residual land values for development scenarios A, B, and C vs. recent comparable land sales. Recent comparable land acquisition costs for multi-family residential development in North Coastal communities west of I-5 were found to be concentrated between $125 and $225 SF, with a median of $154 per SF. No comparable land sales were identified in Del Mar. If the residual land values fall within the range of typical land acquisition costs, then the prototype is generally determined to be feasible. If the residual land value is less than the typical cost to acquire the site, then the prototype is determined to be infeasible. KMA used the following benchmarks to rank the relative financial feasibility of each development scenario.
High Feasibility: Greater than $100/SF residual land value. The existing incentives under current market conditions are sufficient to encourage the development of affordable units.
Medium Feasibility: Approximately $50 - $99/SF residual land value. May need additional incentives under current market conditions to encourage the development of affordable units.
Low Feasibility: Less than $50 residual land value. Additional incentives are needed to encourage the development of affordable units under current market conditions.
Table VI-5 provides a summary of the outcome of the financial feasibility analyses for Scenarios A, B, and C based on two affordability scenarios analyzed: (1) the affordability mix needed to achieve maximum 109 January 23, 2023 Item 09
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density bonus under California Density Bonus; and (2) the affordability mix needed to satisfy the City’s affordable housing mitigation requirements.
Table VI-5: Financial Feasibility of Development Scenarios A, B, and C Zoning Site Area Number
of Units
State
Maximum Density
Bonus
City
Affordable
Housing
Mitigation
A. Professional Commercial (PC) Zone – 807 Camino Del Mar PC-1 Current Zoning 0.30 Acres 9 Units
MEDIUM
FEASIBILITY
MEDIUM
FEASIBILITY
PC-2 Potential Increase 0.30 Acres 16 Units
LOW
FEASIBILITY
LOW
FEASIBILITY
PC-3 Potential Increase 0.30 Acres 29 Units
HIGH
FEASIBILITY
MEDIUM
FEASIBILITY
B. North Commercial (NC) Zone – 2148 and 2236 Jimmy Durante Boulevard NC-1 Current Zoning 0.80 Acres 24 Units
MEDIUM
FEASIBILITY
LOW
FEASIBILITY
NC-2 Potential Increase 0.80 Acres 35 Units
HIGH
FEASIBILITY
MEDIUM
FEASIBILITY
C. Central Commercial (CC) Zone – Camino Del Mar & 10th Street CC-1 Potential Zoning 0.44 Acres 14 Units
LOW
FEASIBILITY
LOW
FEASIBILITY
CC-2 Potential Increase 0.44 Acres 37 Units
MEDIUM
FEASIBILITY
LOW
FEASIBILITY
CC-3 Potential Increase 0.44 Acres 35 Units
HIGH
FEASBILITY
HIGH
FEASIBILITY
NC Zone, RM-S Zone, and PSP Zone (Scenarios D, E, and F) Financial feasibility D, E, and F was measured by determining if the development scenario generated a financing surplus or deficit after considering the acquisition costs for the existing improved property. If there is financing surplus, then the prototype is generally determined to be feasible. If the development scenario generates a financing deficit, then the prototype is determined to be infeasible, as summarized below.
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Feasible: Positive financing surplus/(deficit). Under current market conditions the existing incentives are sufficient to encourage the development of affordable units.
Infeasible: Negative financing surplus/(deficit). Under current market conditions additional incentives are needed to encourage the development of affordable units.
Table VI-6 provides a summary of the outcome of the financial feasibility analyses for Scenarios D, E, and F based on: (1) the affordability mix needed to achieve maximum density bonus under California Density Bonus; and (2) the affordability mix needed to satisfy the City’s affordable housing mitigation requirements.
Table VI-6: Financial Feasibility of Development Scenarios D, E, and F Zoning Site Area Number
of Units
State
Maximum
Density Bonus
City
Affordable
Housing
Mitigation
D. North Commercial (NC) Zone – 2010 Jimmy Durante Boulevard 2010
JDB-1
Current Zoning 2.12 Acres 65 Units FEASIBLE ---
E. RM-South Zone – Multi-unit Residential Sites
RMS-1 Potential Zoning 2.23 Acres 100 Units INFEASIBLE INFEASIBLE F. Plaza Specific Plan (PSP) – Del Mar Plaza Commercial Center PSP-1 Potential Zoning --- 14 Units --- INFEASIBLE
111 January 23, 2023 Item 09
EXHIBIT 4
ESTIMATE OF RESIDUAL LAND VALUE BY ZONE/SITE
MULTI-UNIT SITES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
Zone and Site
I. Site Area
II. Number of Units - per Base Zone
III. Density (Units/Acre)
IV. Commercial/Retail Space 2,300 SF 0 SF 2,535 SF
V.
VI. Density (Units/Acre)
VII. Maximum Density Bonus
A. Affordable Units 1 Unit 2 Units 3 Units 3 Units 4 Units 2 Units 4 Units 4 Units B. Residual Land Value
Per Total Unit $112,000 $77,000 $32,000
Per SF Land Area $77 $170 $49 $124 $24
VIII. Affordable Housing Mitigation
A. Affordable Units 2 Units 4 Units 6 Units 5 Units 7 Units 3 Units 8 Units 7 Units B. Residual Land Value
Per Total Unit $76,000 $14,000
Per SF Land Area $52 ($84) $83 $37 $60 $10
B
0.30 Acres 0.30 Acres
C
North Commercial (NC) Zone
0.80 Acres
PRIMARY SITES
Current Zoning
PC-3 NC-1 NC-2 CC-2 CC-3
Potential Increase
14 Units
9 Units 16 Units 24 Units 14 Units 37 Units
($35,000) $31,000
6 Units 11 Units 16 Units 9 Units 24 Units
PRE-DENSITY BONUS SCENARIO
DENSITY BONUS SCENARIO
Number of Units - with Density
Bonus
$72,000
$37,000
A
Professional Commercial (PC) Zone
807 Camino Del Mar
($69,000) $0
20 23 Units
30 55 30 32 85
$147
35 Units
($43) $59
44 37 20 20 55
5,212 SF 5,376 SF
$80,000
29 $106
Camino Del Mar & 10th Street
Central Commercial (CC) Zone
Potential Increase
0.44 Acres
23 Units
55 35 Units
83 Zoning @
20 DU/Acre Potential Increase
0.44 Acres 0.44 Acres
0 SF 0 SF 3,516 SF
$58,000
($1)
37 Units
35 Units
3 Stories
w/Commercial
CC-1
$54,000
$124,000
$60,000
Current Zoning Potential Increase
ADDITIONAL SITE
2148 and 2236 Jimmy Durante Boulevard
0.80 Acres
9 Units 16 Units
29 Units
3 Stories
w/Commercial
24 Units
35 Units
3 Stories
w/Retail
Potential Increase
0.30 Acres
19 Units
63 29 Units
97 PC-1 PC-2
Recent comparable land sales, North Coastal communities, concentrated between $125-$225/SF, with median of $154/SF. Prepared by: Keyser Marston Associates, Inc.
Filename i:\Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;lag
EXHIBIT 5
ESTIMATE OF FINANCING SURPLUS/(DEFICIT) BY ZONE/SITE
MULTI-UNIT SITES
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
Zone and Site
PSP-1
Potential Zoning
I. Site Area
II. Number of Units - per Base Zone
III. Density (Units/Acre)
IV. Office Space ---
V. Number of Units - with Density Bonus
VI. Density (Units/Acre)
VII. Maximum Density Bonus
---
A. Affordable Units 8 Units 10 Units ---
B. Financing Surplus/(Deficit)
Per Total Unit ($266,000)
Per SF Land Area ($273)
VIII. Affordable Housing Mitigation
--- --- ---
A. Affordable Units --- 20 Units 3 Units
B. Financing Surplus/(Deficit)
Per Total Unit ($316,000)
Per SF Land Area ($325)
---
---
($319,000)
---
---
---
20 45 ---
67 Units 14 Units
---
100 Units
43 Units
20 F
RM-South (RMS) Zone Plaza Specific Plan (PSP)
Del Mar Plaza Commercial Center
2.23 Acres ---
E
Potential Zoning
100 Units
ADDITIONAL SITES
14 Units
Multi-Unit Residential Sites
43,930 SF
30 PRE-DENSITY BONUS SCENARIO
Nominal Positive Surplus
RMS-1
D
2010 Jimmy Durante Boulevard
2.12 Acres
PRIMARY SITE
2010 JDB-1
Current Zoning
42 Units
North Commercial (NC) Zone
42 Units
DENSITY BONUS SCENARIO
---
14 Units
Prepared by: Keyser Marston Associates, Inc.
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VII. LIMITING CONDITIONS
1. The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies, real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy.
2. The analysis assumes that neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid.
3. The findings are based on economic rather than political considerations. Therefore, they should be construed neither as a representation nor opinion that government approvals for development can be secured.
4. Development opportunities are assumed to be achievable during the specified time frame. A change in development schedule requires that the conclusions contained herein be reviewed for validity.
5. The analysis, opinions, recommendations, and conclusions of this document are KMA's informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic conditions of the building and development industry, conclusions and recommended actions contained herein should not be relied upon as sole input for final business decisions regarding current and future development and planning.
6. Any estimates of development costs, capitalization rates, income and/or expense projections are based on the best available project-specific data as well as the experiences of similar projects. They are not intended to be projections of the future for the specific project. No warranty or representation is made that any of the estimates or projections will actually materialize.
7. KMA is not advising or recommending any action be taken by City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues).
8. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product.
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11590.006.005
9. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own municipal advisors, that it deems appropriate before acting on the information and material. 115 January 23, 2023 Item 09
APPENDIX
MULTI-UNIT SITES
Economic Study of the 6th Cycle Housing Element
City of Del Mar
TECHNICAL ANALYSIS
807 Camino Del Mar
Current Zoning @ 20 DU/Acre
Multi-Unit Sites
Feasibility Analysis
PC Zone - PC-1
9 Units
CURRENT ZONING @
TABLE A-1 20 DU/ACRE
PROJECT DESCRIPTION
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Site Area 0.30 Acres
II. Gross Building Area (GBA)
Residential
Net Residential 6,725 SF 84%
Circulation/Common Area 1,251 SF 16%
Subtotal Residential 7,976 SF 100%
Commercial 2,300 SF
Total GBA 10,276 SF
III. Construction Type / Number of Stories
IV. Unit Mix Unit Size
One Bedroom 7 Units 78% 675 SF
Two Bedroom 2 Units 22% 1,000 SF
Total 9 Units 100% 747 SF
V. Affordability Mix
Market-Rate Units 8 Units 89% 7 Units 78%
Affordable Units
Extremely Low -- 0% -- 0%
Very Low 1 Unit 11% -- 0%
Low -- 0% 2 Units 22%
Total Affordable Units 1 Unit 11% 2 Units 22%
Total 9 Units 100% 9 Units 100%
VI. Density
Pre-Bonus Density 6 Units 20 Units/Acre
Post-Bonus Density 9 Units 30 Units/Acre
VII. Parking
Type
Tuck-under On-Site 15 Spaces
City Hall Off-Site 3 Spaces
Total 18 Spaces
Number of Spaces
Residential 10 Spaces 1.1 Spaces/Unit
Commercial 8 Spaces 1.0 Spaces/300 SF
Total 18 Spaces
(1) Assumes at least 15% of pre-density bonus housing units are Very Low. All density bonus calculations resulting in a fraction are rounded up to the next whole number.
(2) Reflects Affordable Housing Mitigation requirement for developments of 6 - 9 units of one (1) rental unit at Low. Assumes one (1) additional unit at Low to achieve maximum density bonus.
Mitigation (2)
Maximum
Density Bonus (1)
# Units
PC Zone
807 Camino Del Mar
Type V / 2 Stories
Affordable Housing
Prepared by: Keyser Marston Associates, Inc.
Filename: Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;ejr
CURRENT ZONING @
20 DU/ACRE
TABLE A-2
DEVELOPMENT COSTS
ECONOMIC STUDY OF THE 6TH CYCLE HOUSING ELEMENT
CITY OF DEL MAR
I. Direct Costs (1) Total Per Unit
Off-Site Improvements (2) $0 $0 $0 /SF Site
On-Site Improvements/Landscaping (2) $523,000 $58,000 $40 /SF Site Parking $300,000 $33,000 $20,000 /Space - Tuck-under
Shell Construction - Residential $2,393,000 $266,000 $300 /SF GBA-Residential Shell Construction - Commercial $460,000 $51,000 $200 /SF GBA-Commercial FF&E/Amenities $45,000 $5,000 Allowance
Tenant Improvements $115,000 $13,000 $50 /SF GBA-Commercial Contingency $192,000 $21,000 5.0% of Directs
Total Direct Costs $4,028,000 $448,000 $392 /SF GBA
II. Indirect Costs
Architecture & Engineering $282,000 $31,000 7.0% of Directs Permits & Fees (3) $910,000 $101,000 $89 /SF GBA
Legal & Accounting $60,000 $7,000 1.5% of Directs
Taxes & Insurance $60,000 $7,000 1.5% of Directs
Developer Fee $161,000 $18,000 4.0% of Directs
Marketing/Lease-Up - Residential $23,000 $2,500 Allowance Marketing/Lease-Up - Commercial $17,000 $2,000 $7.50 /SF GBA-Commercial Contingency $75,000 $8,000 5.0% of Indirects
Total Indirect Costs $1,588,000 $176,000 39.4% of Directs III. Financing Costs(4) $403,000 $45,000 10.0% of Directs IV. Total Development Costs (5) $6,019,000 $669,000 $586 / SF GBA (1) Excludes the payment of prevailing wages.
(2) Estimated allowance; not verified by KMA or the City of Del Mar. (3) Per the City of Del Mar, includes building permit fee, construction license tax, RTCIP, SMIP fee and school district fees; see Worksheet 1.
(4) Allowance for loan fees, interest during construction, and interest during lease-up. (5) Excludes acquisition costs.
Comments
PC Zone
807 Camino Del Mar
Prepared by: Keyser Marston Associates, Inc.
Filename: Del Mar+Affordable_AH Zone Pro Formas_v10-FINAL_01-19-2023;1/19/2023;ejr