Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
April 3, 2023 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
CITY COUNCIL AGENDA QUESTIONS
APRIL 3, 2023
Item 7 – Emergency Approval of San Dieguito Drive Embankment Failure Repairs
1. Is all of the failure area and area of repair in the city right of way, or is some of it on WCB/CDFW land in the lagoon?
Staff Response: Although a detailed survey has not been completed, it appears that most of the failure occurred on State of California property and a little of the failure occurred in City right-of-way.
2. If it is partly on WCB/CDFW property does WCB/CDFW have any obligation to share in the repair costs?
Staff Response: That is unknown at this time. Under review by staff and City Attorney’s office.
3. Do the repair costs qualify for any emergency relief funding from the state or feds?
Staff Response: The City has applied for a total of $135,000 in project reimbursement from CAL-EMA-95 (March 2023 storms) through the County of San Diego Office of Emergency Services.
4. If the CCC in reviewing an "after the fact" CDP for the repair imposes mitigation requirements will that fall on the city or WCB/CDFW or both? Staff Response: It is unknown at this time if CCC will require mitigation, however, the City will coordinate with CCC staff and state agencies during the processing to determine responsibilities for any mitigation.
5. If the repair (and any mitigation) is in part for the sewer line, will that part of the cost be charged to the sewer fund rather than the general fund? Staff Response: There was no work done on the City’s sewer line. The scope of the repairs were specific to the stabilization and reconstruction of the embankment/road.
Item 8 – San Dieguito Drive Water Pipeline Emergency Repairs
1. Is the repair in the private road section?
Staff Response: No
2) Will this project in any way affect the ongoing effort to study options for improving the road and making it public?
1 April 3, 2023 Items 7-9, 11-13, Section XV
Staff Response: No
Item 9 - Amendment to TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-2023 through 2026-2027
1. Can staff describe where the sidewalk and street funds are proposed to be spent?
Staff Response: Not at this time. The City will be conducting a comprehensive evaluation of all the City’s streets evaluated during Fiscal Year 2023-24, which will provide a prioritization/schedule the City’s Paving Program.
2. If I'm reading the funding charts correctly we have something over $150,000 per year through 2028 in TRANSNET funds for this purpose.
Staff Response: Yes, TNET revenues have increased in recent years
3. Is any part of the $668,000 streetscape loan repayment chargeable to Measure Q?
Staff Response: This will need to be evaluated by staff.
Item 11 - Resolution to Adopt the Final Initial Study/Mitigated Negative Declaration for the Camino Del Mar Bridge Replacement Project
1. If the project qualifies for a NEPA exemption, does it also qualify for a CEQA exemption?
Staff Response: CEQA categorical exemptions are applied to specific categories of projects that have been determined to not have a significant effect on the environment and are thus exempt from the preparation of environmental documents. The project does not qualify for any of the CEQA categorical exemptions identified in Sections 15300- 15332 of the CEQA Guidelines, therefore, a Mitigated Negative Declaration was prepared. The Final MND identifies mitigation measures to ensure the project will not result in significant impacts on the environment. With respect to NEPA, there are additional flexibilities within the list of projects that are considered categorically excluded per the federal law, such that the project qualifies for a CE under NEPA but not CEQA.
2. Were the proposed noise wall options included in the MND when it underwent public review?
Staff Response: Yes, the MND evaluated the potential effects of construction noise and operational noise. The potential noise wall options were identified as a project component in the Public Review Draft MND, as discussed on page 15 of the Project Description and Section XIII, Noise. Specifics regarding the barrier were described in mitigation measure 2 April 3, 2023 Items 7-9, 11-13, Section XV
NOI-2. The noise barrier options were evaluated for the potential to result in environmental impacts relative to issue areas of aesthetics and noise; all other effects related to implementation of a potential noise barrier would be negligible. While the project would not result in increased traffic levels, there is potential for increased traffic noise at nearby noise-sensitive receptors due to the raised elevation of the bridge.
Caltrans required the City include consideration of noise abatement (i.e., construction of a wall as a noise barrier) because the noise level approaches Caltrans exterior noise abatement criteria for residential uses on two properties. This was identified in the draft MND circulated for public review and comment.
3. Have the neighbors commented on the proposed noise barrier options? Are the residential units to the Southeast of the project that will be affected by noise, owner occupied or tenant occupied?
Staff Response: Property owners and tenants within 300 feet of the project have been mailed notices related to each of the public meetings and public hearings that have been conducted to date for the project. City staff have been in contact with the property owner of the residence where the potential noise barrier was identified. Continued coordination will occur during the design phase of the project when the noise barrier options will be evaluated and discussed with the property owner and homeowner’s association. At this stage of the project only the environmental review and analysis relating to potential use of a wall as a noise barrier has been conducted and identified.
4. If tenant occupied will the tenants have a say in the noise mitigation? Staff Response: The City will continue to coordinate directly with the property owner to discuss the potential noise barrier option. The decision of whether or not to build a wall on private property as a sound attenuation measure is a decision for the respective property owner to make. Should the property where the potential noise barrier has been identified be rented during the design phase, coordination with the tenant(s) would be the responsibility of the property owner.
5. Will the noise wall options have any view impacts?
Staff Response: Visual impacts related to the noise barrier options were evaluated in the aesthetics analysis of the IS/MND relative to potential adverse effects to public scenic views. The threshold of significance for a substantial adverse effect on a scenic vista or view was noted as blocking or substantially interrupting the majority of an existing view.
The noise barrier would replace an existing fence in the same location and may be up to 14 inches taller than the existing fence. The proposed change from a fence to a sound reduction barrier would not change the developed nature of the site or the built backdrop of two-story buildings, and would not block views of coastal resources. Potential barrier implementation would not degrade visual character or quality of public views in the area.
For the occupants of the residence where the barrier is proposed, the barrier would undergo design review prior to implementation to ensure that the design would not adversely affect views. The barrier may be constructed of masonry, wood, plastic, 3 April 3, 2023 Items 7-9, 11-13, Section XV
fiberglass, steel, or a combination of such materials, and can be designed to provide continuous views to coastal resources; e.g., using transparent materials for the upper portion of the wall. Therefore, impacts would be less than significant.
An approximate wall height/length was identified in the MND document (i.e., 6 foot height/87 foot length or 7 foot height/59 foot length) to identify potential measures that could reduce noise levels at the respective residence. However, there is no specific noise wall design to assess at this time. The project design and engineering phase is the next stage of the project. If the respective property owner requests construction of a wall as a sound attenuation measure, coordination of the wall design and permit processing will be coordinated between the project team and private property owners. In prior discussions, the project manager heard from owner that potential view impacts of a noise wall would likely be more of a concern than the potential for a slight increase in traffic noise.
6. The property owners' interests in addressing mitigation may not be the same as those of tenants, if there are tenants.
Staff Response: As noted above, all tenants and property owners within 300 feet have received the associated notice of public hearings for the project. Tenants are able to participate in all public meetings and public hearings for the project. The decision of whether or not a wall should be built on private property as a sound attenuation measure is a decision for the respective property owner to make.
7. The Coast Guard has jurisdiction over bridges over navigable waters of the US but I don't see it listed as one of the agencies having oversight? Staff Response: Per coordination between FHWA and the U.S. Coast Guard in July 2022, the project is exempt from requiring a bridge permit. As requested by the Coast Guard, photographs and as-built drawings of both plan and elevation views of the bridge along with a completion report form shall be submitted to the Coast Guard for their records upon completion of the project. See attached letter for reference.
8. Is any night-time work contemplated other than the 14 overnight closures listed in the staff report? "(up to 14 short-term bridge closures between the hours of 10:00 p.m. and 6:00 a.m.)?"
Staff Response: Only the 14 days of overnight closures identified in the IS/MND are currently anticipated to be required for bridge construction. Short-term closures are anticipated for up to four nights during Stage 1 (to prepare the site and remove the roadway median); for one night each near the beginning of Stages 2, 3, and 4 (to shift traffic prior to demolition of each side of the bridge and prior to the median concrete pour); and for one night at the end of the project when the bridge is completed and the roadway is prepared for its final re-opening. Up to six additional night closures may be necessary during Stages 2 and 3 for oversized and major materials deliveries. This totals up to 14 4 April 3, 2023 Items 7-9, 11-13, Section XV
temporary, short-term night closures of the bridge during the 36-month construction period.
7. Will the City issue a CDP for the project, or must it go to the CCC due to "original jurisdiction" area impacts? The Kleinfelder documents under agenda item number 5 reflect that the City will do a CDP and Kleinfelder will assist.
Staff Response: The project is located within the original jurisdiction of the California Coastal Commission and will be subject to Coastal Development Permit approval by CCC. It is anticipated that one Consolidated Coastal Development Permit will be obtained from the CCC to satisfy coastal permitting requirements for the project. For a project that straddles jurisdictions of both the CCC and local government, typically CDPs would be required from both the CCC (regulated by the Coastal Act) and from the local government (regulated by the certified LCP). However, the CCC is authorized to process a Consolidated CDP application when the local government and the CCC agree to do so (ref. Coastal Act Section 30601.3).
Item 12 - Re-Adoption of the 6th Cycle Housing Element – General Plan Amendment (GPA20-003)
1. The Resolution states, "this resolution shall become effective upon adoption" but won't there be a 30 day referendum period before it is effective? Staff Response: The Resolution will become effective 30-days post adoption action by the City Council. Consistent with prior City Council actions to adopt the Housing Element on March 25, 2021 and December 13, 2021, upon City Council action to adopt the Resolution, the City will submit the package of re-adopted Housing Element documents to the California Department of Housing and Community Development (HCD) for review.
Item 13 - Proposed Next Steps for Del Mar Civic Center Sculpture Selection Process
1. Has the art committee requested copies of the artists’ conditions for placement/relocation of the art pieces for each potential piece? Staff Response: No conditions would be accepted that limit the City's discretion with respect to relocation, removal or decommissioning, as set forth in Section IX., paragraph 1 of the Public Art Policy, which states: "Any work of art owned by the City may be moved, removed or decommissioned at the sole discretion of the City."
2. If not, when will those documents be obtained?
Staff Response: If the approved sculpture is purchased and donated to the City by a nonprofit, the City would work with the non-profit and require that their purchase agreement be consistent with the terms of the Public Art Policy.
5 April 3, 2023 Items 7-9, 11-13, Section XV
3. The restrictions on each piece must be known in advance of final selection and final approval of any installation.
Staff Response: The proposed purchase agreement would be submitted in advance for review by staff and the City Attorney, with final selection/approval contingent upon City approval of terms. The City would not accept donated artwork with restrictions inconsistent with the Public Art Policy.
4. What security requirements will need to be installed for each potential artwork? Will the costs differ for the various options?
Staff Response: Staff and the Arts Advisory Committee (AAC) do not anticipate additional security requirements for an installed sculpture. The AAC will investigate further and provide an update before the DRB hearing.
XV. Upcoming Agenda Items (April 17, 2023)
1. Is the final map on the Lazier property for the pre-existing subdivision and unrelated to Seaside Ridge?
Staff Response: Yes, this item is related to the pre-existing subdivision and is unrelated to Seaside Ridge. The five lot Tentative Subdivision Map (TTM14-001) approved by the City Council in 2015 will expire on May 4, 2023. This item will be most likely be removed from the April 17, 2023, agenda since the applicant has not submitted all of the required information needed to proceed to the City Council hearing. However, staff continues to work diligently with the property owner’s engineer, the City Attorney’s office, and Coastal Commission staff to ensure that all conditions of TTM14-001 are addressed and the Final Tract Map can be ready for City Council approval prior to the final expiration date. 6 April 3, 2023 Items 7-9, 11-13, Section XV
1 Melinda Gould
From: jas.grewaldm <[email protected]>
Sent: Monday, April 03, 2023 11:59 AM
To: City Clerk Mail Box; Ashley H Jones
Subject: Red Dot
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mayor Martinez and Council Members,
After reading the Annual progress report where no building permits were issued for low income housing in Del Mar for the latest RHNA cycle, I am compelled to request each of you to please direct City staff to start implementation of some viable solutions the City was given in a comprehensive report by the 6th Housing Element Task force in preparing the 6th Cycle Housing Element that will quickly produce some low income units in the next 12 months on City owned property.
All the focus to produce low income and very low income housing seems to be on the Del Mar Fairgrounds.
This is very important since the highest percentage of our RHNA numbers are due to jobs, including seasonal, at the fairgrounds. We all know this path has been in the works for several years before this current housing element cycle started and still no agreement. All hopes to meet our low-income housing commitment rest on the Fairgrounds which may or may not happen and there are dire consequences of not getting a memorandum of understanding in place in the next year.
First, you should be aware that that when the Housing Element was prepared, Joseph Smith, Planning Director told me we had the first 4 years to get the MOU in place at the Fairgrounds but he was choosing to put a deadline of 3 years in the housing element to make HCD happy. I found the logic flawed. I had a half hour conversation with him trying to convince him that he should be doing what's in the best interest of the residents and not set us up for failure by giving us one less year to accomplish our goal or the North Bluff would be subject to high density development as a penalty for not getting the MOU in place in 3 years. Did he ever tell any of you on the Council that 4 years was an option? Because of his recommendation, you approved his deadline of 3 years in the Housing Element believing in his expertise. Note he resigned shortly after getting this Housing Element was submitted and is consulting for the developer for a high-density project on the fragile North Bluff and potentially interfering with the certification of the Housing Element.
I am very sorry to say that when our "experts" whom we rely on betray our trust, we must use our good judgement for common sense solutions. Pardon my candor and approach which comes from my business background where results are the bottom line. Our City needs this approach at this critical juncture since 2 years have passed and you have one year left to show some substantive results and get our housing element certified!!
Here are 2 immediate solutions that can be implemented with council direction as a priority since Staff have chosen not to embrace these ideas for various reasons, none of which should matter at this time. Let's move forward.
1 April 3, 2023 Item 12
2 1. Since you have the ability to make changes in the housing element given it has not been certified, I recommend you change the timeline for the Fairgrounds MOU to 4 years and stay on track with an internal staff deadline for 3 years to assure success in case a little extra time is needed.
2. Produce housing on Lot C, part of the Town Hall parcel which has all the Utilites in place, a feasibilty study has been completed, EIR has been done and we just need to get the units to materialize. Currently the LOT C units in the staff study are 3 bedroom units and what we need are studio and one bedroom units giving us the ability to have 6 to 8. Please direct the reconfiguration ASAP and request a timeline from Staff to produce these units.
Please note we have 4 seniors that the city is subsidizing their housing, so one solution is to have them move to these units and it will be a win/win I believe for all parties.
The objection I have heard to going down this path is that we don't have the money. NOT TRUE. We do have the money (the housing fund is at a million dollars, we can get financing as an alternative (I can suggest a couple different options) and I am also willing to lead a campaign to raise money required with the city matching dollar for dollar raised!
There are very attractive and affordable prefab options available that can blend into the neighborhood homes.
The cost is significantly less than traditional construction. These can be constructed in the next few months so when the next progress report is due, we have some good news to report.
By actually producing low income units which the city has direct control over, Council will demonstrate our commitment as a city which is constantly being questioned by HCD and residents. More pressure is put on us to upzone this town and give DEVELOPERS incentives and carte blanche. This path will demonstrate that we are willing to go the extra mile for our community to meet our obligation of low income housing.
Thank you.
Jas Grewal
Sent from my T-Mobile 4G LTE Device
2 April 3, 2023 Item 12
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director DATE: April 3, 2023
SUBJECT: Red Dot Item 12: Adoption of a Resolution for the 6th Cycle Housing Element to Incorporate Revisions Required by the California Department of Housing and Community Development (HCD) and Re-Adoption of the General Plan Amendment (GPA20-003)
Item 12 on the April 3, 2023 City Council agenda is a request to re-adopt the 6th Cycle Housing Element. Since the distribution of the Council packet, City staff was made aware of a correction that is needed to the proposed Resolution.
The revised Resolution clarifies that the Resolution will become effective 30 days after City Council action to adopt. As advised by the City Attorney and consistent with the procedures followed for prior actions of the City Council adopt the Housing Element on March 25, 2021, and re-adoption of the Housing Element on December 13, 2021, upon adoption by the City Council, City staff will submit the adopted Housing Element package to the California Department of Housing and Community Development for review.
Attachment: Revised Resolution Proposed for City Council Action (Redline copy) 1 April 3, 2023 Item 12
Attachment A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, TO RE-ADOPT THE 6TH CYCLE HOUSING
ELEMENT (GPA 20-003), WHICH IS THE CITY’S HOUSING
PLAN COVERING THE YEARS 2021-2029, THAT
CONSTITUTES AN AMENDMENT TO THE CITY OF DEL MAR
COMMUNITY PLAN (GENERAL PLAN), APPLICABLE
CITYWIDE WITHIN THE CITY OF DEL MAR, CALIFORNIA IN
COMPLIANCE WITH STATE HOUSING ELEMENT LAW; AND
AUTHORIZING STAFF TO SUBMIT THE RE-ADOPTED 6TH
CYCLE HOUSING ELEMENT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) FOR CERTIFICATION
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar; and
WHEREAS, the Housing Element is a required component of the City’s Community Plan that is required by State law to be updated every eight years; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq) requires that the City Council adopt a Housing Element for the eight year period 2021-2029 to accommodate the City of Del Mar regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderate-income units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013- 2021) for a total 6th Cycle obligation of 175 units including 113 lower income units; and WHEREAS, the City of Del Mar has prepared Housing Element 2021-2029 (6th Cycle Housing Element) in compliance with State Housing Element Law and by this action the City has identified sites that can accommodate housing units to meet the City’s RHNA; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, the preparation, adoption, and implementation of the Housing Element requires the City to continue its diligent efforts to include all economic segments of the community; and
WHEREAS, on February 21, 2020, the City mailed letters to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed providing notification of the Housing Element Update project and offering tribal consultation in accordance with Government Code Sections 65352 – 65352.5 and 2 April 3, 2023 Item 12
Resolution No. 2023-XX
the requirements of the California Environmental Quality Act and California Assembly Bill AB52, and Senate Bill SB18; and
WHEREAS, in response to the City’s notifications, some tribes inquired about the project, however, no California Native American tribe requested consultation; and WHEREAS, the City conducted extensive community outreach over the last 40 months which included nine public meetings of the 6th Cycle Housing Element Ad-Hoc Citizens’ Task Force (including one Saturday in-person public workshop), a community survey, and multiple additional public meetings, informational sessions, and formal public hearings with the Planning Commission and the City Council; and WHEREAS, the 6th Cycle Housing Element involved a multi-year planning and public outreach work plan and reflects input from the City Council, Planning Commission, 6th Cycle Housing Element Update Ad-Hoc Citizens’ Task Force, HCD, and public comments; and
WHEREAS, on September 15, 2020, the Planning Commission recommended approval of the 6
th Cycle HEU Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program (MMRP) (State Clearinghouse (SCH) No. 2020029064) in a duly noticed public hearing and recommended approval of the draft Housing Element update; WHEREAS, on October 5, 2020 the City Council adopted Resolution 2020-51 certifying the 6
th Cycle HEU Final Program Environmental Impact Report (PEIR) and MMRP (State Clearinghouse (SCH) No. 2020029064) in a duly noticed public hearing; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) the 6th Cycle Housing Element Programs are also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for amendments related to 5th Cycle Housing Element Programs 2E (NC zone) and 2F (PC zone) that was adopted by the City Council as Resolution 2020-47 on September 8, 2020; and
WHEREAS, on October 5, 2020, the City Council adopted Resolution 2020-52 approving the draft 6
th Cycle Housing Element and authorizing staff to submit it to HCD for review and comment in accordance with Housing Element certification procedures set forth by State law; and
WHEREAS, the draft Housing Element was posted on the City’s website by September 8, 2020, which was at least six weeks prior to City Council approval and submittal of the approved draft to HCD for review and comment; and 3 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, on October 20, 2020, the City posted a copy of the approved Draft 6 th Cycle Housing Element Update on the City website and submitted it to HCD for review and comment in accordance with State Housing Element Law; and WHEREAS, on December 14, 2020, the City held an informational public discussion/workshop concerning the 6th Cycle Housing Element and State Housing Element Law at a duly noticed public meeting of the City Council; and WHEREAS, on December 17, 2020, HCD provided a letter to the City reporting the results of its review of the draft Housing Element and identifying data and corrections needed for compliance with State Housing Element Law; and WHEREAS, the HCD response letter was posted on the City website for public review; and
WHEREAS, on January 19, 2021, the City held a public discussion at a duly noticed public meeting of the City Council to discuss the 6th Cycle Housing Element comments provided by HCD and remaining process required for adoption of a final Housing Element by April 15, 2021 in accordance with State Housing Element Law; and
WHEREAS, on February 16, 2021, the City Council held a public discussion and provided direction to staff relating to completion of the 6th Cycle Housing Element; and WHEREAS, on March 9, 2021, in a duly noticed public hearing the Planning Commission reviewed the 6th Cycle Housing Element and recommended approval to the City Council; and
WHEREAS, on March 25, 2021, in a duly noticed public hearing, the City Council adopted Resolution 2021-14 for General Plan Amendment (GPA 20-003) to adopt the 6 th Cycle Housing Element covering the years 2021-2029 to replace the existing 5th Cycle Housing Element, which covers the prior planning period for the years 2013-2021 that ended on April 15, 2021; and
WHEREAS, the revised draft Housing Element was posted on the City’s website on March 2, 2021, which was at least three weeks prior to City Council adoption and submittal of the adopted Housing Element to HCD for review in accordance with State Housing Element Law; and
WHEREAS, HCD subsequently reviewed the City’s adopted Housing Element and responded with a letter dated July 9, 2021, reporting the results of its review and identifying additional data and corrections needed for certification; and 4 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, the revised draft Housing Element was posted on the City’s website on November 2, 2021, which was at least six weeks prior to City Council adoption and submittal of the re-adopted Housing Element to HCD for review in accordance with State Housing Element Law; and
WHEREAS, on November 9, 2021, in a duly noticed public hearing the Planning Commission recommended that the City Council adopt the revised 6th Cycle Housing Element with the revisions that reflect the feedback provided in HCD’s July 9, 2021 review letter and clarifications provided by HCD staff in coordination meetings; and WHEREAS, on December 13, 2021, in a duly noticed public hearing the City Council unanimously voted to adopt Resolution 2021-56 to re-adopt the 6 th Cycle
Housing Element as revised and directed staff to submit it to HCD for review and comment in accordance with Housing Element certification procedures set forth by State law; and
WHEREAS, HCD reviewed the revised Housing Element and responded with a letter dated March 21, 2022, reporting the results of its review and identifying additional data and corrections needed for its certification; and
WHEREAS, City staff and HCD staff have participated in multiple meetings and have been in close coordination during all development stages of the Housing Element in order to reach an understanding of the final modifications needed to obtain HCD’s concurrence that the 6th Cycle Housing Element is in substantial compliance with State Housing Element Law; and
WHEREAS, the City completed 6th Cycle Program 3B Phase I planning studies in June 2022 that demonstrated feasibility of the public sites in the City’s adopted sites inventory, including the Fairgrounds and two City-owned vacant, small sites; and WHEREAS, on November 10, 2022, the City submitted a revised draft for HCD review, which HCD deemed as filed for a review period beginning November 13, 2022; and
WHEREAS, in January 2023, the City completed 6th Cycle Program 1K Phase II planning studies that demonstrated feasibility of the privately-owned sites in the City’s adopted sites inventory, including non-vacant sites and small sites; and WHEREAS, on January 13, 2023, HCD responded with a letter reporting the results of its review of the revised Housing Element (November 2022) and shared public correspondence related to the City’s Housing Element that had been submitted to HCD but not the City; and
5 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, the HCD letter (January 2023) and November 2022 draft Housing Element documents have been posted on the City’s website since January 13, 2023, with the revised Housing Element being made available for public review for at least fifteen weeks prior to City Council re-adoption action in a duly noticed public hearing and prior to submittal of the re-adopted Housing Element to HCD for review and certification in accordance with State Housing Element Law; and WHEREAS, since January 2023, City staff and HCD staff have participated in multiple meetings to further refine and supplement the revised draft Housing Element and reach an understanding of the final modifications needed to obtain a HCD “finding of substantial compliance”; and
WHEREAS, on March 15, 2023, the City posted a revised draft of the 6th Cycle Housing Element on the City’s website with notification to the public of the City’s intent to schedule a public hearing on April 3, 2023 for adoption of a revised Housing Element which was provided to the public at least three weeks prior to the scheduled City Council re-adoption action and prior to submittal to HCD for final certification review in accordance with State Housing Element Law; and
WHEREAS, on March 16, 2023, the City sent emails notifying interested persons that the revised draft 6th Cycle Housing Element is available for public review and included a website link to the revised draft;
WHEREAS, on March 20, 2023, the City Manager announced availability of the draft Housing Element to the public during the City Council meeting; and WHEREAS, on March 21 and 24, 2023, the City posted and distributed a Newsflash article to the community linking to the revised draft and notifying the public of the City’s intent to schedule a public hearing on April 3, 2023 to adopt a revised Housing Element; and
WHEREAS, on March 23, 2023, the City posted, published, and mailed notice of a public hearing of the City Council on April 3, 2023 to adopt a revised Housing Element; and
WHEREAS, the City’s overall stated housing goal continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and WHEREAS, the Housing Element revisions reaffirm the City’s commitment to Affirmatively Furthering Fair Housing (AFFH) and clarify the adopted housing actions that are planned to create new affordable housing opportunities and improve housing choice and affordability; and
6 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, one goal that was added to the revised Housing Element to demonstrate the City’s commitment to AFFH is to create 100 additional housing opportunities for moderate income, lower income, and special needs households in reliance on the outcomes of a suite of programs and actions included in the Housing Element implementation plan; and
WHEREAS, the proposed Housing Element revisions also include a reformat of the Appendix B “Candidate Sites Analysis” and a new Housing Element Appendix H “Public Participation” record that supplements the community engagement record previously included in the adopted Housing Element to better identify the comprehensive record of public participation; and
WHEREAS, every Community Plan planning district is accounted for in the “Housing Plan” actions identified to meet the City’s housing obligations which means there are potential opportunities for creation of lower income units in geographic areas citywide; and
WHEREAS, the Chapter 4 “Housing Plan” identifies actions to meet each of the City’s stated housing goals related to production, Accessory Dwelling Units (ADUs), housing opportunities on the 22nd District Agricultural Association property (State Fairgrounds), “affordable housing” options available to a variety of income levels and housing needs, preservation of existing housing stock, sustainability, and promotion of housing resources and assistance opportunities; and
WHEREAS, the proposed “Housing Plan” includes a variety of strategies (i.e.
ADUs, tiny houses, and incentive programs) that can accommodate dwelling units on lots dispersed throughout the City, including lots that are privately owned or publicly owned; and
WHEREAS, the housing programs identify specific metrics, targets, and timelines for actions that are planned to create new affordable housing opportunities and improve housing choice and affordability; and
WHEREAS, “affordable housing” refers to units that are restricted for rent to households with an annual household income no greater than 80 percent of the area median income for the San Diego County region; and
WHEREAS, during the 5th Cycle the Del Mar City Council adopted zoning ordinances that created sites in the North Commercial Zone and Professional Commercial Zone meeting the minimum density standard applicable to the City of Del Mar per State law by allowing a residential density of 20 du/ac and thereby creating sites with sufficient density that could be relied on to meet the RHNA; and 7 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, sites in the North Commercial Zone and Professional Commercial Zone have been consistently identified as land suitable for residential development that can meet the City’s 6th Cycle RHNA and provide additional housing capacity; and WHEREAS, the 6th Cycle Housing Element sites inventory identifies specific sites within the North Commercial Zone and Professional Commercial Zone as well as sites in other locations throughout the community that are being relied upon to meet the City’s 6th Cycle RHNA; and
WHEREAS, one key strategy in the Housing Element is to vigorously pursue opportunities on the State Fairgrounds property to satisfy a significant portion of the City’s required affordable housing which will require securing a binding agreement with the State for a partnership to facilitate City site control and the ability to build affordable housing on a portion of the State Fairgrounds property; and WHEREAS, another key strategy involves amending existing zones to accommodate affordable housing, including amending the Central Commercial Zone to allow at least 20 du/ac and amending the Public Facilities Zone to clarify that residential use is an allowed use on City-owned properties; and
WHEREAS, the proposed strategies to create affordable housing are consistent with the Community Plan goals to facilitate lower cost housing for low and moderate income households, facilitate housing for seniors close to the Village Center, and insure adequate housing for diverse age and socio-economic groups within the community; and
WHEREAS, all of the proposed Housing Element revisions are substantially consistent with the prior adopted Housing Element reviewed by the Planning Commission, therefore no additional Planning Commission review and recommendation is required prior to City Council adoption of the revised Housing Element; and
WHEREAS, by March 23, 2023, notice of public hearing of the City Council was posted, published, and mailed in accordance with State law informing the public of the scheduled meeting of the City Council on April 3, 2023 to re-adopt the 6th Cycle Housing Element; and
WHEREAS, on April 3, 2023, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, which reflects the City Council’s review and consideration of the Housing Element and all pertinent maps, documents and exhibits, including HCD’s written findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments. 8 April 3, 2023 Item 12
Resolution No. 2023-XX
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The 6
th Cycle Housing Element substantially complies with State Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law, as shown in “Exhibit A” to this resolution, and hereby incorporated herein.
3. The existing uses on non-vacant sites and small sites identified in the Housing Element sites inventory do not constitute an impediment to planned residential development on the sites and are either likely to be discontinued or are feasible for development without discontinuation of existing uses, during the planning period based on substantial evidence in the record including:
a. The analysis and data contained in Housing Element Chapter 3; and b. Completion of 6
th Cycle Program 3B Phase I planning studies in June 2022 that demonstrated architectural design and financial feasibility of the public sites listed in the City’s adopted sites inventory, including the State Fairgrounds and two City-owned vacant, small sites; and c. Completion of 6
th Cycle Program 1K Phase II planning studies that
demonstrated architectural design and financial feasibility of the privatelyowned sites in the City’s adopted sites inventory, including non-vacant sites and small sites in the North Commercial zone and the Professional Commercial zone.
4. In accordance with State Housing Element Law, the City of Del Mar has identified sites throughout the community that can be developed within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels. This determination of adequate sites is based on the meaning set forth per State Housing Element Law and is independent of and not reliant upon completion of any rezoning action.
5. The 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). Further, the 6th Cycle Housing Element Programs are also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for the 5th Cycle Housing Element Programs 2E (NC zone) and 2F (PC zone). The 9 April 3, 2023 Item 12
Resolution No. 2023-XX
NC/PC PEIR, which analyzed future housing in the NC, PC, and PF Zones, and was certified by the City Council on September 8, 2020.
No subsequent or supplemental EIR is required, in that no substantial evidence has been submitted, pursuant to CEQA Guidelines Section 15162, demonstrating that substantial changes are proposed in the revised Housing Element involving new significant effects or an increase in the severity of previously identified effects; that substantial changes have occurred with respect to the circumstances under which the Housing Element is being revised and readopted; or that new information has demonstrated that new significant effects will occur.
NOW, THEREFORE, BE IT FURTHER RESOLVED, as required by Government Code Section 65585(e), the City Council has considered all comments and findings made by HCD in the Department’s letter to the City of Del Mar dated January 13, 2023, reviewing the most recent Housing Element draft submitted to HCD for formal review, consistent with Government Code Section 65585(f), and as described in “Exhibit B” to the resolution, incorporated herein, the City Council has modified the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element law as interpreted by HCD.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, does hereby re-adopt General Plan Amendment GPA 20-003 adopting the revised 6
th Cycle Housing Element on file with the City Clerk and posted on the City’s website: https://www.delmar.ca.us/772/Housing-Element-Update-6th-Cycle-Housing NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that this resolution shall become effective upon adoption, and that the City Council does hereby authorize staff to submit the re-adopted 6 th Cycle Housing
Element to HCD to find that the 6th Cycle Housing Element is in substantial conformance with State Housing Element Law, and to distribute copies of the Housing Element in the manner provided by Government Code Sections 65357 and 65589.7, in accordance with the procedures set forth by State law, and to make all non-substantive changes to the Housing Element to make it internally consistent and to address any non-substantive changes or amendments requested by HCD to achieve a finding of substantial conformance.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that this resolution shall become effective 30-days post adoption of this action, and that the City Council does hereby authorize staff to submit the re-adopted 6th Cycle Housing Element to HCD to find that the 6th Cycle Housing Element is in substantial conformance with State Housing Element Law, and to distribute copies of the Housing Element in the manner provided by Government Code Sections 65357 and 65589.7, in accordance with the procedures set forth by State law, and to make all non10 April 3, 2023 Item 12 Resolution No. 2023-XX
substantive changes to the Housing Element to make it internally consistent and to address any non-substantive changes or amendments requested by HCD to achieve a finding of substantial conformance.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that the City Council does hereby authorize staff to submit the re-adopted 6th Cycle Housing Element to HCD for certification, in accordance with the procedures set forth by State law upon the effective date of this Resolution. 11 April 3, 2023 Item 12
Resolution No. 2023-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 3
rd day of April 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, NESTOR MACHADO, Acting 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 3rd day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Nestor Machado, Acting City Clerk
12 April 3, 2023 Item 12