Agenda, regular meeting, second session — Del Mar City Council, June 5, 2023 (part 3 of 4)

4. The location of the stand/cart shall not interfere with access to required offstreet parking spaces; and

5. A Design Review Permit is obtained in accordance with Section 23.08.030.

H. In accordance with LUP Policy IV-29, an inventory of existing parking areas shall be used to develop and implement an overall Parking Management Program (PMP) that shall be revised periodically. The PMP shall be developed and implemented to strengthen and improve parking accessibility and availability in the City and to implement parking management and Transportation Demand Management (TDM) strategies to create a more balanced and efficient parking system that ensures access to the shoreline for a range of visitors and residents.

The PMP shall include the following:

1. Existing Conditions & Parking Inventory documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available on- and off-street parking within the City, and the City’s existing parking code requirements and programs to manage parking. a. Identification of sites where commercial tenants with non-conforming parking have modified the use and/or implemented tenant improvements within an existing commercial building per Section 30.80.020(F) and the number of off-street parking spaces provided for the property. b. Identification of sites with new or expanded restaurants that have utilized the outdoor seating exemption per 30.80.030 (c) “Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone” where the size of the outdoor seating area exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the property.

3. Parking Demand Analysis of the parking space occupancy rates, existing City parking code requirements, peer city parking rates, and industry standard rates to determine the appropriateness of current minimum parking requirements.

4. Recommendations that analyze the results of the inventory, occupancy, and demand analyses that draw from best practices by peer cities and industry7 June 5, 2023 Item 13 Ordinance No. ____

Page 4 of 7 ends

wide standards as guidance, and have been tailored to address the unique features of Del Mar’s infrastructure, character, and geography.

5. Recommendations that address whether parking programs and services should be adjusted in order to maximize access to the shoreline taking into consideration such factors as future development, environmental justice, biological resources, and reducing vehicle miles traveled, as well as alternatives to private automobile use.

6. The PMP shall be completed no less often than every 10 years, with the next report to be completed no later than January 1, 2030. The January 1, 2030 deadline may be extended for good cause by the Executive Director of the Coastal Commission.

SECTION THREE: That DMMC Section 30.80.030 C.1. (Required Number of Off-Street Parking Spaces for Non-Residential Uses) be amended as follows:

No Changes to sections Commercial Services- Billiard Parlor through Pet ServicesGrooming Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
Consumption of Food and/or Beverage
outside of the Beach Commercial Zone
1 space per 200 sq. ft. of GFA up to 5,000
sq. ft. and 1 space for each 90 sq. ft. of
GFA in excess of 5,000 sq. ft. (Note: a
restaurant is permitted one on-site
accessory food/beverage stand or cart
that is not subject to required parking in
accordance with Section 30.80.020(G).

The restaurant parking rate provisions of
Section 30.80.030(C) shall remain in effect
until January 1, 2031. This section may be
amended prior to the expiration date
based on the results and
recommendations of the Parking
Management Program described in

30.80.020(H). However, if not amended by
January 1, 2031, then the parking
requirements shall be as shown for within
the Beach Commercial Zone. The January
1, 2031 deadline may be extended for
good cause by the Executive Director of
the Coastal Commission.

Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
1 space per 90 sq. ft. of GFA up to
4,000 sq. ft. and 1 space for each 45
sq. ft. of GFA in excess of 4,000
8 June 5, 2023 Item 13
Ordinance No. ____

Page 5 of 7 ends

Consumption of Food and/or Beverage
located in the Beach Commercial Zone
sq. ft. including all outdoor space, covered
or uncovered, used for any restaurant
purpose (Note: a restaurant is permitted
one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section

30.80.020(G).

Outdoor Dining on Private Property
(Accessory to a Restaurant/Bar/Cocktail
Lounge/Tea Room/Other Business for the
On-Site Consumption of Food and/or
Beverage) outside of the Beach
Commercial Zone
No additional parking requirement if
outdoor seating area is equal to or less
than the indoor seating area.

For any outdoor seating area that
exceeds the indoor seating area, parking
shall be provided at a rate of 1 space per
200 sq. ft., for the excess outdoor area.

30.80.020(H). However, if not amended
by January 1, 2031, then the parking
requirements shall be as shown for within
the Beach Commercial Zone. The
January 1, 2031 deadline may be
extended for good cause by the
Executive Director of the Coastal
Commission.

No changes to Sports & Recreation Club/Facility through Industrial/Manufacturing/ Laboratory/Wholesale Printing.

SECTION FOUR: The City Council finds that approval of this Ordinance is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Article 19, Section 15301 (Existing Facilities).

The action would not expand any existing uses and would encourage less vehicles miles traveled and a reduction in greenhouse gas (GHG) emissions in that less dedicated parking spaces would be required to be provided for restaurant uses in the City’s commercial zones. The City Council finds that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2). The City Council bases these findings upon the record prepared by the City and the City’s analysis 9 June 5, 2023 Item 13
Ordinance No. ____

Page 6 of 7 ends

demonstrating that no potential environmental effects would occur by adoption of this ordinance.

SECTION FIVE: This Ordinance was introduced by the City Council on June 5, 2023.

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

SECTION SEVEN: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 19th day of June 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
10 June 5, 2023 Item 13
Ordinance No. ____

Page 7 of 7 ends

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 Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the19th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Nestor Machado, Acting City Clerk
City of Del Mar
11 June 5, 2023 Item 13
Attachment B
RESOLUTION NO. 2023 - ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, APPROVING THE AMENDMENTS TO THE EXISTING

CERTIFIED DEL MAR LOCAL COASTAL PROGRAM (LCP) LAND USE
PLAN (LCPA 21-001) AND DIRECTING STAFF TO SUBMIT THE LOCAL

COASTAL PROGRAM AMENDMENT TO THE COASTAL COMMISSION

FOR CERTIFICATION
WHEREAS, on June 21, 2021, the City Council approved a work program to develop business support in the form of modifications to the City’s off-street parking requirements; and
WHEREAS, the City’s parking requirements have been an ongoing, identified barrier to attracting businesses to the City of Del Mar; and WHEREAS, the City Council approved LCPA21-001 on December 13, 2021, to incorporate modifications to the City’s Parking Code in order to provide relief to Del Mar businesses; and
WHEREAS, the LCPA21-001 was submitted to the California Coastal Commission on December 20, 2021, for review and approval; and
WHEREAS, the Land Use Plan of the Local Coastal Program (LCP) identifies the City’s LCP land use development, hazard control, coastal access, public scenic view, recreation, and sensitive land policies; and
WHEREAS, the Section IV Coastal Access policies in the LCP Land Use Plan relate specifically to parking; and
WHEREAS, the California Coastal Commission identified inconsistencies between the City’s adopted Parking Ordinance No. 982 and the certified LCP Land Use Plan; and WHEREAS, on May 10, 2023, the California Coastal Commission conditionally approved LCPA21-001 subject to City Council adoption of amendments to the LCP Land Use Plan and implementation program including modifications to Policy IV-30 relating to off-street parking requirements and the addition of new policies IV-31 through IV-34 relating to parking management and transportation demand strategies to reduce congestion, parking demand, and vehicles miles traveled (VMT), improve mobility, and reduce air pollution; and
WHEREAS, the Del Mar City Council considered these amendments at their June 5, 2023, hearing and supported staff’s recommendation to include the LUP amendments to LCPA21-001.
12 June 5, 2023 Item 13
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, that the proposed Amendment to the existing certified Local Coastal Program Land Use Plan (LCPA 21-001) is hereby adopted as shown in “Exhibit A” attached to this resolution.

BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for certification.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 5th day of June 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
13 June 5, 2023 Item 13

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 5th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____ _____
Nestor Machado, Acting City Clerk
14 June 5, 2023 Item 13
Exhibit A
Changes to the City’s Land Use Policy:

IV-30 The City shall apply the following Off-Street Parking Regulations to assure that the parking needs generated by new development are provided on-site as indicated in the City’s certified LCP Chapter 30.80.

REMOVE OFF_STREET PARKING REGULATIONS PAGES 80-84
REPLACE WITH:

IV-30 Provide parking for residents, visitors, and employees as part of new development in accordance with the City’s certified Implementation Plan.

IV-31 Provide and manage parking so that it is reasonably available when and where it is needed, without significantly impacting coastal resources or public access to coastal amenities and facilities.

IV-32 To help reduce parking demand, consider flexibility in parking requirements such as shared parking opportunities, improved public transit services, reduced auto ownership, provision of car sharing opportunities, or other means, provided that public access is not reduced.

IV-33 Reduce the amount of land devoted to parking through measures such as parking structures, shared parking, and managed public parking while still providing appropriate levels of parking to maintain access to the shoreline.

IV-34 Where potential for significant transportation impacts is identified for proposed development, require implementation of transportation demand management (TDM) strategies as a mitigation tool to improve mobility, reduce congestion and parking demand, and reduce vehicle miles traveled (VMT), greenhouse gas emissions, and air pollution. The City shall actively encourage and, where appropriate to avoid impacts to public access and circulation, require development to implement incentives and programs to increase the use and availability of sustainable transportation (e.g., carpooling, bicycles, public transit, rail service, walking) such as the provision of employee transit passes or subsidies, ridesharing programs, bike racks, on-site showers and lockers, and similar measures. 15 June 5, 2023 Item 13
STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION

SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
May 11, 2023
Ms. Amanda Lee
Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
Re: Certification of City of Del Mar LCP Amendment No. LCP-6-DMR-21-0081-2 (Parking Adjustments)
Dear Ms. Lee,
On May 10, 2023, the California Coastal Commission approved the above referenced amendment to the City of Del Mar Local Coastal Program (LCP). The amendment involves changes to the Implementation Plan (IP) to modify parking ratios for restaurants and several commercial uses in order to provide for increased flexibility for business owners and maintain a vibrant and pedestrian-friendly downtown area. More specifically, the changes to the IP included a reduction in parking ratios for restaurants, and a new exemption for outdoor dining space that is equal to or less than indoor dining space. Also included was a proposal for restaurants to have one accessory food or beverage cart per lot that cannot interfere with required off-street spaces. The proposed revisions to the IP also included an exemption for existing commercial properties in the Central Commercial (CC) Zone to change out their tenant spaces with retail sales, restaurant, or personal service uses while retaining their nonconforming parking. After the City’s submittal of the IP amendment, Commission staff identified several inconsistencies between the City’s request to revise parking standards in the IP and the existing parking standards in the certified LUP. Thus, City staff requested Commission staff incorporate several suggested modifications to the parking policies of the LUP in order to ensure consistency with the requested IP changes.

The Commission approved the LCP amendment with suggested modifications that address the protection of public access. The suggested modifications require the development of a new Parking Management Plan (PMP), which is to be completed no less than every 10 years, with the first deadline being January 1, 2030 (unless extended by the Executive Director). The changes to the parking standards proposed by the LCP are to remain in effect until the year 2031, unless amended to extend the changes based on the conclusions of the PMP. The exception is the Beach Commercial Zone, for which a suggested modification was made in order to retain the existing parking standards of the IP within that zone.

To correct the discrepancy between the parking standards of the IP and the LUP, several suggested modifications were made at the request of the City. This includes the removal of the specific parking standards contained in the LUP and the addition of several new parking and transportation-focused policies to protect public access and promote sustainable transportation. These include providing parking as appropriate for new development, managing parking without significantly impacting coastal resources or public access to the 16 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)

Page 2 ends

coast, consideration of shared parking opportunities, and the inclusion of transportation demand management strategies to reduce congestion and parking demand and vehicle miles travelled.

Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are considering any change from what is presented in the attached suggested modification, you should contact this office immediately.

The Commission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Del Mar to take the necessary steps within six months.

If you believe that the City of Del Mar will need additional time, you may request up to a oneyear time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

Sincerely,
Stephanie Leach
Coastal Planner
17 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
A. Land Use Plan Modifications
Staff recommends the following suggested revisions to the proposed Land Use Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. Delete the entirety of Policy IV-30, including the Off-Street Parking Regulations:

The City shall apply the following Off-Street Parking Regulations to new projects and redevelopment projects to assure that the parking needs generated by new development are provided on site.
[…]

2. Add a new Policy IV-30 as follows:

Provide parking for residents, visitors, and employees as part of new development in accordance with the City’s certified Implementation Plan.

3. Add a new Policy IV-31 as follows:

Provide and manage parking so that it is reasonably available when and where it is needed, without significantly impacting coastal resources or public access to coastal amenities and facilities.

4. Add a new Policy IV-32 as follows:

To help reduce parking demand, consider flexibility in parking requirements such as shared parking opportunities, improved public transit services, reduced auto ownership, provision of car sharing opportunities, or other means, provided that public access is not reduced.

5. Add a new Policy IV-33 as follows:

Reduce the amount of land devoted to parking through measures such as parking structures, shared parking, and managed public parking while still providing appropriate levels of parking to maintain access to the shoreline.

6. Add a new Policy IV-34 as follows:

Where potential for significant transportation impacts is identified for proposed development, require implementation of transportation demand management (TDM) strategies as a mitigation tool to improve mobility, reduce congestion and parking demand, and reduce vehicle miles traveled (VMT), greenhouse 18 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
gas emissions, and air pollution. The City shall actively encourage and, where appropriate to avoid impacts to public access and circulation, require development to implement incentives and programs to increase the use and availability of sustainable transportation (e.g., carpooling, bicycles, public transit, rail service, walking) such as the provision of employee transit passes or subsidies, ridesharing programs, bike racks, on-site showers and lockers, and similar measures.

B. Implementation Plan Modifications
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

7. Add a new subsection (7) to Section 30.80.020(F) as follows:

The provisions of Section 30.80.020(F) shall remain in effect until January 1, 2031. This section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in 30.80.020(H). However, if not amended by January 1, 2031, then this Section shall become inoperative on January 1, 2031. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission.

8. A new section (H) shall be added to Section 30.80.020 as follows:

In accordance with LUP Policy IV-29, an inventory of existing parking areas shall be used to develop and implement an overall Parking Management Program (PMP) that shall be revised periodically. The PMP shall be developed and implemented to strengthen and improve parking accessibility and availability in the City and to implement parking management and Transportation Demand Management (TDM) strategies to create a more balanced and efficient parking system that ensures access to the shoreline for a range of visitors and residents. The PMP shall include the following:

1. Existing Conditions & Parking Inventory that covers, at a minimum, areas of the City within one-quarter mile of the shoreline, including the San Dieguito Lagoon riverfront, documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available on- and off-street parking within the City, and the City’s existing parking code requirements and programs to manage parking. a. Identification of sites where commercial tenants with non-conforming parking have modified the use or implemented tenant improvements within an existing commercial building per Section 30.80.020(F) and the number of off-street parking spaces provided for the property. 19 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
b. Identification of sites with new or expanded restaurants that have utilized the outdoor seating exemption per 30.80.030(c) “Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone” where the size of the outdoor seating area exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the restaurant.

4. Analysis of the results of the inventory and occupancy, including demand analyses that use best practices by peer cities and industry-wide standards as guidance. Recommendations shall be tailored to address the unique features of Del Mar’s infrastructure, character, and geography.

9. Parking requirements found in Section 30.80.030(C)(Non-Residential Use Parking Requirements) shall be modified as follows for the subject uses:

Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage outside of the Beach Commercial Zone
1 space per 200 sq. ft. of GFA up to
5,000 sq. ft. and 1 space for each
90 sq. ft. of GFA in excess of 5,000
sq. ft. (Note: a restaurant is permitted
one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section

30.80.020(G)).
20 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
The restaurant parking rate provisions of Section 30.80.030(C) shall remain in effect until January 1, 2031. This section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in 30.80.020(H). However, if not amended by January 1, 2031, then the parking requirements shall be as shown as those for the Beach Commercial Zone in Section 30.80.030(C) and any development that occurred under this section shall be considered legal nonconforming. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission.

10. Parking requirements for the Beach Commercial Zone shall be added to Section 30.80.030(C)(Non-Residential Use Parking Requirements) as follows:

Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage located in the Beach Commercial Zone
1 space per 90 sq. ft. of GFA up to
4,000 sq. ft. and 1 space for each 45
sq. ft. of GFA in excess of 4,000
sq. ft. including all outdoor space, covered
or uncovered, used for any restaurant
purpose (Note: a restaurant is permitted
one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section

30.80.020(G).

11. Parking requirements for outdoor dining proposed in Section

30.80.030(C)(Non-Residential Use Parking Requirements) shall be modified as follows:

Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone
No additional parking requirement if
outdoor seating area is equal to or less
than the indoor seating area.

For any outdoor seating area that
exceeds the indoor seating area, parking
shall be provided at a rate of 1 space per
200 sq. ft., for the excess outdoor area.

The outdoor dining parking provisions of Section 30.80.030(C) shall remain in effect until January 1, 2031. This section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in 30.80.020(H). However, if not amended 21 June 5, 2023 Item 13
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
by January 1, 2031, then the parking requirements shall be as shown as those for the Beach Commercial Zone in Section 30.80.030(C) and any development that occurred under this section shall be considered legal nonconforming. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission.
22 June 5, 2023 Item 13
Attachment D
1 Strikeout-Underline Identifying CCC Modifications
Following identifies prospective DMMC Section 30.80.020 with the CCC modifications shown in strikeout-underline:

DMMC Section 30.80.020 (General Parking Regulations) would be amended as follows:

No changes to sub-sections A-E
F. Notwithstanding Section 30.80.020(C), within the Central Commercial Zone, no additional parking spaces shall be required for a change in commercial use to a retail sales, restaurant, or personal services use, including associated tenant improvements within an existing commercial building with non-conforming parking where the change in use and tenant improvements are consistent with the following:

1. The commercial tenant space was existing as of January 1, 2020;

2. All existing parking spaces that are currently relied upon by the commercial building tenants shall be maintained, unless and until a “Release of Covenant” is approved by the City and recorded with the County Recorder or other City authorization is granted. This limitation shall apply to any existing off-street parking spaces located on-site and any off-site parking spaces that are relied upon by the existing commercial development through an approved in-lieu parking space agreement and/or a recorded parking agreement;

3. The proposed change in use may involve the combination of existing tenant spaces, however, no tenant space on the lot shall exceed a maximum size of 5,000 square feet in gross floor area;

4. If a tenant space is proposed to be expanded, additional parking spaces must be provided for the area of expansion (includes indoor and outdoor use areas) at the rate set forth in Section 30.80.030;

5. No more than three restaurants shall be permitted per lot, including existing restaurant tenants; and

6. All changes in use must comply with the horizontal zoning requirements of the Central Commercial zone in Section 30.22.030.

7. The provisions of Section 30.80.020(F) shall remain in effect until January 1, 2031.

This section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in Section

30.80.020(H). However, if not amended by January 1, 2031, then this section shall become inoperative on January 1, 2031. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission. 23 June 5, 2023 Item 13
Attachment D
2 G. A restaurant establishment is permitted to have one accessory food/beverage stand or cart on-site that is not subject to required parking provided that all of the following provisions are met:

1. The stand/cart shall not exceed one hundred square feet in area;

2. The stand/cart shall be open to the air on all sides to the extent possible except where it would preclude compliance with the San Diego County Health Department requirements applicable to food and beverage carts;

3. The parking exemption shall apply to a maximum of one accessory food/beverage stand or cart per lot;

4. The location of the stand/cart shall not interfere with access to required off-street parking spaces; and

5. A Design Review Permit is obtained in accordance with Section 23.08.030.

1. Existing Conditions & Parking Inventory documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available on- and off-street parking within the City, and the City’s existing parking code requirements and programs to manage parking.
a. Identification of sites where commercial tenants with non-conforming parking have modified the use and/or implemented tenant improvements within an existing commercial building per Section 30.80.020(F) and the number of off-street parking spaces provided for the property.
b. Identification of sites with new or expanded restaurants that have utilized the outdoor seating exemption per 30.80.030 (c) “Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone” where the size of the outdoor seating area exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the property.

2. Parking Occupancy Analysis with a detailed description of occupancy (utilization) counts by both zone and type, parking rate in effect (if applicable), and by time of day and week, emphasizing summer months and including weekends. Data collection shall occur every 2- 3 years at least 3 times per PMP update cycle, with the first collection taking place no later than 2024.
24 June 5, 2023 Item 13
Attachment D
3 3. Parking Demand Analysis of the parking space occupancy rates, existing City parking code requirements, peer city parking rates, and industry standard rates to determine the appropriateness of current minimum parking requirements.

4. Recommendations that analyze the results of the inventory, occupancy, and demand analyses that draw from best practices by peer cities and industry-wide standards as guidance, and have been tailored to address the unique features of Del Mar’s infrastructure, character, and geography.

Following identifies prospective DMMC Section 30.80.030 with the CCC modifications shown in strikeout-underline:

Prospective DMMC Section 30.80.030 C. 1. (Required Number of Off-Street Parking Spaces for Non-Residential Uses) would be amended as follows:

No Changes to sections Commercial Services- Billiard Parlor through Pet Services- Grooming Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
Consumption of Food and/or Beverage outside
of the Beach Commercial Zone
1 space per 200 sq. ft. of GFA up to 5,000 sq.
ft. and 1 space for each 90 sq. ft. of GFA in
excess of 5,000 sq. ft. (Note: a restaurant is
permitted one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section

30.80.020(G).

The restaurant parking rate provisions of
Section 30.80.030(C) shall remain in effect
until January 1, 2031. This section may be
amended prior to the expiration date based on
the results and recommendations of the
Parking Management Program described in

30.80.020(H). However, if not amended by
January 1, 2031, then the parking requirements
shall be as shown for within the Beach
Commercial Zone. The January 1, 2031
25 June 5, 2023 Item 13
Attachment D
4 deadline may be extended for good cause by
the Executive Director of the Coastal
Commission.

Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
Consumption of Food and/or Beverage
located in the Beach Commercial Zone
1 space per 90 sq. ft. of GFA up to
4,000 sq. ft. and 1 space for each 45
sq. ft. of GFA in excess of 4,000
sq. ft. including all outdoor space, covered
or uncovered, used for any restaurant
purpose (Note: a restaurant is permitted
one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section

30.80.020(G).

Outdoor Dining on Private Property
(Accessory to a Restaurant/Bar/Cocktail
Lounge/Tea Room/Other Business for the OnSite Consumption of Food and/or Beverage) outside of the Beach Commercial Zone
No additional parking requirement if outdoor
seating area is equal to or less than the indoor
seating area.

For any outdoor seating area that exceeds the
indoor seating area, parking shall be provided
at a rate of 1 space per 200 sq. ft., for the
excess outdoor area.

30.80.020(H). However, if not amended by
January 1, 2031, then the parking requirements
shall be as shown for within the Beach
Commercial Zone. The January 1, 2031
deadline may be extended for good cause by
the Executive Director of the Coastal
Commission.

No changes to Sports & Recreation Club/Facility through Industrial/Manufacturing/Laboratory/Wholesale Printing. 26 June 5, 2023 Item 13
Attachment D
5 Following identifies the LCP Land Use Plan policies as amended to incorporate the CCC modifications shown in strikeout-underline:

Changes to the City’s Land Use Policy:

REMOVE OFF_STREET PARKING REGULATIONS PAGES 80-84
REPLACE WITH:

IV-30 Provide parking for residents, visitors, and employees as part of new development in accordance with the City’s certified Implementation Plan.

IV-34 Where potential for significant transportation impacts is identified for proposed development, require implementation of transportation demand management (TDM) strategies as a mitigation tool to improve mobility, reduce congestion and parking demand, and reduce vehicle miles traveled (VMT), greenhouse gas emissions, and air pollution. The City shall actively encourage and, where appropriate to avoid impacts to public access and circulation, require development to implement incentives and programs to increase the use and availability of sustainable transportation (e.g., carpooling, bicycles, public transit, rail service, walking) such as the provision of employee transit passes or subsidies, ridesharing programs, bike racks, on-site showers and lockers, and similar measures. 27 June 5, 2023 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 5, 2023
SUBJECT: An Ordinance to Regulate Two Unit Residential Development and Urban Lot Split Projects in Accordance with California Senate Bill 9 (SB 9) REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance (Attachment A) adding Del Mar Municipal Code (DMMC) Chapters 30.93, 24.66, 23.07; amending DMMC Chapters 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, and 30.15; and adopting a Local Coastal Program Amendment to establish procedures, objective development standards, and objective design standards to regulate Two Unit Residential Development and Urban Lot Split projects in accordance with California Senate Bill 9 (SB 9).

BACKGROUND:

On September 16, 2021, the Governor signed SB 9 into law which went into effect January 1, 2022, as follows:
• Government Code Section 65852.21 requires cities to process proposed housing development containing a maximum of two dwelling units on single dwelling zoned lots through a ministerial review process (without discretionary review or a public hearing) if the proposed housing development meets certain qualifying criteria. • Government Code Section 66411.7 allows the subdivision of qualifying lots in single dwelling unit zones to ministerially process a tentative parcel map for an “Urban Lot Split” to subdivide one lot into two separate lots and allows development of a maximum of two dwelling units on each resulting lot.
• SB 9 mandates a ministerial review and approval process and allows the City to impose objective zoning, subdivision, and design standards on such projects if those standards do not physically preclude the construction of two, 800-square-foot units on a new and/or existing lot.
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• SB 9 must be implemented consistent with the California Coastal Act.

As a result, the City initiated a Zone Code Amendment, Municipal Code Amendment, and a Local Coastal Program Amendment to add DMMC Chapters 23.07 and 30.93 to implement the new SB 9 subdivision and development regulations, and address ancillary amendments in DMMC Chapter 30.75 (Coastal Development Permits) and Chapters

30.10, 30.11, 30.12, 30.13, 30.14, and 30.15 (Single Dwelling Unit Base Zones).

The draft Ordinance was published for public review with the Notice of Availability for the Local Coastal Program Amendment on April 20, 2023. SB 9 information and materials related to the draft ordinance were provided for public review via a dedicated webpage on the City’s website at Senate Bill 9 Development | Del Mar, CA - Official Website.

Planning Commission
On March 14, 2023, the Planning Commission received a staff presentation, discussed, and considered the draft Ordinance to implement the State mandated SB 9 regulations and Objective Design Standards. The Planning Commission voted unanimously to continue the item to allow staff time to address questions and comments from the Commission and provide additional public outreach.

Following the Planning Commission meeting, staff revised the City’s SB 9 informational webpage and added a SB 9 Fact Sheet with a list of frequently asked questions to increase public awareness and participation in the review of the draft SB 9 ordinance.

Staff also published newsletter articles, sent electronic notifications regarding the review process and upcoming public hearings, and made announcements at the April 2023 Planning Commission and City Council meetings.

At the Planning Commission hearing on May 9, 2023, the Commission considered the revised draft regulations (Attachment B) and public input. The public input, primarily provided in written form, was generally supportive of the regulatory standards and suggested several modifications, which are discussed later in this report. The Commissioners were in general agreement with the revised Ordinance; however, there was consensus that the implementation of SB 9 regulations is an opportunity to provide for affordable housing production and the regulations should require all or some of the potential units be deed restricted to moderate or lower income households.

During the May Planning Commission meeting, the Assistant City Attorney indicated that the SB 9 legislation did not include an affordability provision. Therefore, the City could include a requirement that a portion of the units be affordable, but requiring all of the units be dedicated for affordable housing could be considered a barrier to housing development, and would not be supported by the State. Staff and the Assistant City Attorney also indicated that the current Affordable Housing Mitigation regulations (DMMC Chapter 24.21) do not provide the ability to require that SB 9 projects dedicate one or 2 June 5, 2023 Item 14
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more of the units as affordable housing (i.e., inclusionary housing). However, it was conveyed that the City will be updating the Inclusionary Housing regulations in 2024 and that those regulations could be structured to include SB 9 projects. The Planning Commission voted 4-0-1 (Commissioner Farrell abstained) to recommend City Council approval of the draft Ordinance with a provision to require that SB 9 projects be subject to an inclusionary housing affordability component and include the “conditions precedent” clause.

As referenced above, implementation of the affordability requirement is contingent on amending the Inclusionary Housing regulations to reflect the new affordability provisions.

Once the Inclusionary Housing Ordinance is adopted and effective (anticipated in early 2024), SB 9 projects (non-lot splits and lot-split) would be subject to the affordability requirement proposed in the SB 9 Ordinance as DMMC sections 30.93.050(C)(3) and

30.93.050(H)(5). The “conditions precedent” in the SB 9 Ordinance would not be enforceable until the needed revisions to the City’s Inclusionary Housing Ordinance are adopted and enforceable.

As revised in consultation with the City Attorney’s Office, the proposed Ordinance would require that every SB 9 project dedicate at least one affordable unit and would be subject to recordation of an affordability deed restriction on the respective lot for that unit that would remain in place for 55 years. The standards for affordability are governed by the California Health and Safety Code Sections 50105(a) and 50079.5. These affordable standards are set out in the majority of State housing regulations. The deed restriction would be reviewed and approved by the City and all transfers of land and their associated affordable units would be subject to the deed restriction.

DISCUSSION/ANALYSIS:

To bring the City’s development regulations into compliance with State law for SB 9 related projects, most of the Municipal Code language proposed reflects State law (Government Code § 66452.6, 65852.21, and 66411.7). However, SB 9 permits the City Council to adopt objective zoning, subdivision, and design standards as necessary to reflect local conditions. Staff has indicated those objective standards within the discussion below.

Following is a summary of the most significant changes required per State law:

Ministerial process for approval: The City is required to review two primary dwelling units and/or an Urban Lot Split on single dwelling unit zoned properties through a ministerial review process. A ministerial review process includes only objective zoning, tentative map, and design standards and does not allow for discretionary level of review that is typical for most of development in the City. As such SB 9 projects will be exempt from the City’s Design Review Ordinance. The City may deny an SB 9 application when the proposed project would fail to comply with applicable objective requirements or would have a specific 3 June 5, 2023 Item 14
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and adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid that impact. DMMC Chapters 30.93, 24.66, 23.07, and 30.75 are proposed to address the procedures and regulations for SB 9 projects, consistent with State law.

Zones where Two Unit Residential Development and Urban Lot Splits are permitted: SB 9 projects are only permitted within single dwelling zoned lots, or R1 properties (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B).

Areas where Two Unit Residential and Urban Lot Splits would be prohibited: Due to public health and safety concerns, protection of coastal resources, protection of access to coastal resources, and preservation of historic resources, two unit residential and urban lots splits would be prohibited in the following areas applicable to Del Mar:
o Coastal Bluff Overlay Zone;
o Bluff, Slope and Canyon Overlay Zone;
o Lagoon Overlay Zone;
o Open Space Overlay Zone;
o Historic Preservation Overlay Zone;
o Carmel Valley Precise Plan (CVPP)
o Lots located within the North Beach District, as identified in the Community Plan, due to sea level rise vulnerability and limited public access to coastal resources and recreation;
o Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map (FIRM); and
o Very High Fire Severity areas that do not have at least two emergency evacuation routes.

Additional areas of exclusion from eligibility are listed in the proposed Ordinance (Attachment A). A draft eligibility map for SB 9 development and Urban Lot Splits is included as Attachment C.

SB 9 Allowances: On a lot in a single-dwelling-unit zone that meets the qualifying location criteria as listed above, SB 9 law requires cities to allow up to four units, either on one existing R1 zoned lot or when an Urban Lot Split is proposed. 4 June 5, 2023 Item 14
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When an Urban Lot Split is not proposed, SB 9 law requires cities to allow up to four units on the property. To reach the four-unit count, the units can be in combination of SB 9 dwelling units, Accessory Dwelling Units (ADUs) and/or Junior Accessory Dwelling Units (JrADUs). However, with an ordinance in place, the City can propose objective standards to minimize impacts to R1 zoned neighborhoods when four units are proposed. For example, a proposed revision has been added to the draft Ordinance under DMMC Section 30.93.050(B) that requires all ADUs to be detached from primary dwelling units to mitigate potential coastal and environmental impacts and ensure compatibility with adjacent properties.

When an Urban Lot Split is proposed, SB 9 allows up to two dwelling units on each resulting lot, for a total of four units. Without an ordinance in place, the City could be required to allow up to four units on each resulting lot. However, with an adopted ordinance the City may preclude ADUs and JrADUs when a lot split occurs; therefore, the draft Ordinance prohibits ADU and JrADU development for Urban Lot Splits. If there are existing ADUs or JrADUs on either resulting lot, those units shall be considered a primary dwelling when counted as one of the two allowed units. For demonstration purposes, exhibits depicting several, but not all, potential unit/ADU configurations of SB 9 development are included as Attachment D.
• Two Unit Residential Development:

The proposed Ordinance includes DMMC Section 30.93.050, which identifies development standards for Two Unit Residential Development and other key standards:
o The maximum permitted density on a single dwelling zoned lot is two “primary” dwelling units under SB 9. The dwelling units may be attached or detached from one another, provided that the structure(s) meet the building code safety standards. SB 9 law requires that cities allow up to two primary dwellings on a qualifying lot and each dwelling must be allowed at least 800 square feet of building area. To ensure that the City’s Ordinance will provide flexibility for mitigating potential neighborhood compatibility issues and incentivize the use the base zoning setbacks, staff is proposing that primary dwelling units ranging from 801-1,000 square feet would be allowed when designed to accommodate the base zoning setback requirements. When utilizing the four-foot rear and side yard setback requirements mandated by SB 9, the maximum allowed primary dwelling unit size would be 800 square feet. This standard would be reflected in DMMC Sections 30.93.050 (A)(3) and (A)(6)(b) of the draft Ordinance. o Height is limited to 16 feet, as measured pursuant to existing requirements per DMMC Section 30.04.080(a).
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o Roof decks and basements are prohibited on any SB 9 dwelling unit. o Setbacks:
- When an existing structure is converted into a new dwelling unit, the new unit may be constructed in the same location when it is within the same dimensions of the existing structure and may continue to observe the same setbacks as the structure that was replaced; - As noted above, SB 9 dwelling units between 801-1,000 square feet in area must comply with the setbacks of the base zoning designation.

An 800-square-foot dwelling proposed as an SB 9 compliant structure, shall not be closer than four feet from an interior side or rear property lines, as allowed by State law; and
- New dwelling units must comply with front and street side yard setbacks of the base zoning designation.
o Any building features and accessory structures that are not consistent with the draft Objective Design Standards (Chapter 23.07), and are not otherwise required by the California Building Code for a dwelling unit shall be subject to the objective requirements of Design Review in accordance with DMMC Chapter 23.08.
o One parking space, located outside of underlying setbacks, is required for each unit unless the parcel is within one-half mile walking distance to a highquality transit-corridor, as defined in Public Resources Code Section 21155, or a major transit stop as defined in Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the project. A major transit stop is defined as an existing rail or bus rapid transit station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Currently, the City does not have any major transit stops and therefore, any SB 9 development will be required to provide one on-site parking space per unit. Furthermore, to be consistent with the City’s Local Coastal Program and to ensure continued coastal access for the public, if a SB 9 project proposes to convert an existing garage or required parking, replacement parking shall be provided on-site in accordance with the requirements of DMMC Chapter 30.80 and the California Coastal Act. o A deed restriction is required for the development of a SB 9 unit requiring that any unit that is rented must be more than 30 consecutive days. Rental terms shall not terminate prior to the expiration of at least one 31-day period by the same tenant.
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o As mentioned earlier in this report, an additional deed restriction shall memorialize and disclose any affordability requirements resulting from and required by a future update of the City’s Inclusionary Housing Ordinance. o Dwelling units resulting from SB 9 development may not be conveyed separately unless located on a lot created by an Urban Lot Split, in which case, all units on that lot must be conveyed together.
• Urban Lot Split: The following are key standards for Urban Lot Splits:
o Urban Lot Splits must provide easements or street frontage for the provision of public services and utilities.
o Access to the public right-of-way for each resulting lot shall be provided. o Access to the proposed lot is limited to 20 feet in width. o One of the two resulting lots cannot be any smaller than 40 percent of the lot area of the original lot, and neither lot can be smaller than 1,200 square feet in area:
• Each resulting lot can accommodate up to two dwelling units only and the homeowner shall not exercise both SB 9 and ADU law to construct four units when subdividing under an Urban Lot Split. Unit configurations for new lots resulting from a lot split may consist of:
- Two 800-1,000 square-foot SB 9 units;
- One SB 9 unit and an existing single-family dwelling; or - An existing single-family dwelling with either an ADU or JrADU. In such case, the existing ADU or JrADU would become the second allowed unit on the newly formed lot.
o Any subsequent subdivision or Urban Lot Split for a property that was previously subdivided by an Urban Lot Split is prohibited. • Objective Design Standards: Because State law requires ministerial review and only allows cities to apply objective standards for SB 9 projects, objective design standards are important for local agencies to impose to ensure impacts from State mandated residential development in single dwelling zones are minimized. As such, the draft Ordinance contains the comprehensive draft of the Objective Design Standards that were derived from the City’s existing and adopted Single-Family Residential Design Guidelines to maintain the community character within the existing single dwelling zoned properties as much as possible. Objective design standards are specific, uniformly verifiable, and involve no personal or subjective judgement.
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Staff reviewed the draft Objective Design Standards with the Design Review Board at a noticed special meeting on December 14, 2022. The Design Review Board generally had concerns about the potential view impacts and the possibility of regulating view preservation through an objective standard. However, staff discussed that due to the case-by-case nature of each property regarding existing site conditions and topography, creating a standardized, objective requirement to regulate views would not be feasible and would be inconsistent with State law.

Below are some examples subjective standards from the City’s existing Design Guidelines for Single-Family Design that have been revised to be objective for the purposes of SB 9 development.

OBJECTIVE STANDARDS SUBJECTIVE STANDARDS
No wall, structure, plant material, or other
object that exceeds 42 inches shall be
erected or placed within a triangular area
formed by measuring10 feet from an
intersecting driveway, street, or alley in a
manner as to obstruct or impeded vision
for automobiles.

Any fencing or vegetation proposed
to be planted adjacent to a
driveway should be chosen and
located to maintain adequate sight
lines to and from the property.

HVAC units and associated screening
equipment shall be located at ground level
a minimum four feet from a property line
and shall provide a motor blanket.

HVAC and exterior mechanical
equipment should be fully screened
from view from a public right-of-way
and located in a manner that would
meet the City’s Noise Ordinance.

All exterior lighting shall be fully shielded
with shut off controls or sensors, timers, or
motion detectors and lamp color for all
lighting shall be a maximum 2,700 kelvin.

The source of a light should not be
visible from adjacent properties or
public rights-of-way.

Homes shall have a maximum 10-foot
plate height.

Tall plate heights that add to the
volume of a structure should be
avoided.

PRIOR CITY COUNCIL REVIEW:

On December 7, 2021, the City Council unanimously adopted Resolution 2021-52, affirming that until the California Coastal Commission certifies a Local Coastal Program Amendment for the implementation ordinance for SB 9 development, the City is unable to make the required Local Coastal Program consistency findings for a Coastal Development Permit for SB 9 projects. Therefore, the City would not be accepting Coastal Development Permit applications for SB 9 development until the implementation ordinance is adopted by the City Council and the Local Coastal Program Amendment is certified by the California Coastal Commission.
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CORRESPONDENCE:

As of the writing of this report, no written comments to the City Council have been received. However, prior to the May 9, 2023, Planning Commission hearing several public comments related to the draft SB 9 regulations/ordinance were submitted and considered by staff and the Planning Commission (Attachment E).

The comments were generally supportive of the draft Ordinance. However, one of the emails received raised concern with the City’s application of overlay zones in regulating eligibility for use of SB 9 when applying for development and lot splits (subdivisions). In response to this concern, staff notes that the municipal code chapters that create the overlay zones, including the Floodplain and Bluff/Slope/Canyon are Implementing Ordinances of the City’s Local Coastal Program, and compliance with the City’s LCP requires preservation of coastal resources in those areas.

A second email received from the above-mentioned resident recommends the City consider allowing a larger maximum unit size, incentivizing property owners to adhere to existing “base” zoning standards. After reviewing the potential benefit of such a standard and consulting with City Attorney, staff revised the draft Ordinance that was considered by the Planning Commission to include an allowable SB 9 primary dwelling unit size ranging from 800-1,000 square feet, dependent on whether base zoning setbacks are proposed for the dwelling. While this would allow for a slightly larger primary dwelling unit on a lot, this allowance could be utilized to mitigate other potential neighborhood compatibility issues.

Another email suggested several modifications to the draft Ordinance based on standards and regulations found in the SB 9 ordinances for the cities of Laguna Beach and Santa Barbara. Some of the suggestions, such as those related to affordable housing requirements and setbacks, have been addressed in this report. Others, such as limiting lot coverage or floor area ratio (FAR) could result in inconsistencies with the State Code, which requires the allowance of at least an 800 square foot primary unit under any circumstance for an SB 9 eligible lot and limit other restrictions that can be imposed, such as parking requirements. However, included was a suggestion that the City apply an affordability component to SB 9 dwelling unit development, which the Planning Commission is recommending to the City Council. As previously discussed in this report, this provision has been included in the draft Ordinance and will become effective at such time as the updated Inclusionary Housing Ordinance becomes effective.

HOUSING IMPACT: This proposed legislative action will facilitate the potential development of new opportunities for housing consistent with the City’s adopted 6th Cycle Housing Element Program 6B and will provide opportunities to Affirmatively Further Fair Housing (AFFH).
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FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action is exempt from review under the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et. seq.) and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 of the Public Resources Code.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Development and adoption of an Ordinance to regulate SB 9 development and subdivisions (Urban Lot Splits) was identified as a priority project in the FY 2022-2023 Operating and Capital Budget.

ATTACHMENTS:

Attachment A – Proposed Ordinance
Attachment B – Planning Commission Resolution PC-2023-02 Attachment C – SB 9 Eligibility Map
Attachment D – Potential Unit Configuration Exhibits
Attachment E – May 9, 2023, Planning Commission Correspondence 10 June 5, 2023 Item 14

ATTACHMENT A
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING NEW CHAPTERS 30.93, 24.66, 23.07;
AMENDING CHAPTERS 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, AND

30.15 OF THE CITY OF DEL MAR MUNICIPAL CODE, AND LOCAL
COASTAL AMENDMENT (ZA22-003/A22-001/LCPA22-003)

ESTABLISHING THE PROCEDURES AND OBJECTIVE STANDARDS

FOR THE DEVELOPMENT OF TWO UNIT RESIDENTIAL

DEVELOPMENT AND URBAN LOT SPLITS ON SINGLE DWELLING
ZONED PROPERTIES IN ACCORDANCE WITH SENATE BILL 9
WHEREAS, commonly referred to as “Senate Bill 9,” CA Gov. Code Sec. 66452 et seq. requires local agencies to ministerially process and review the development of two dwelling units, referred herein as “Two Unit Residential Development” on lots zoned for single dwelling units; and
WHEREAS, additionally, Senate Bill 9 requires local agencies to ministerially review “Urban Lot Splits”, which allow for the subdivision of a lot that is zoned for a single dwelling unit into two lots for the maximum development of two dwelling units on each resulting lot; and
WHEREAS, the proposed revisions to the Del Mar Municipal Code (DMMC) are necessary to make City’s regulations consistent with Senate Bill 9 and the Coastal Act.

Senate Bill 9 limits the ability of local jurisdictions to impose subjective development standards on Two Unit Residential Development and Urban Lot Splits when the proposed projects meet certain development criteria; and
WHEREAS, the Design Review Board held a duly noticed special meeting to review the draft Objective Design Standards on December 14, 2022, and the Design Review Board provided feedback that necessitated revisions that are now incorporated into the Ordinance; and
WHEREAS, to implement these regulations a Local Coastal Program Amendment will require the certification by the California Coastal Commission; and WHEREAS, the City posted, published, and mailed a Notice of Availability of the draft Local Coastal Amendment for public review on February 23, 2023, in accordance with California Code of Regulations Section 13515 requirements for public participation and agency coordination for Local Coastal Program Amendments: and WHEREAS, on March 14, 2023, the Planning Commission held a duly noticed public hearing to review the proposed Zoning Code Amendments, Municipal Code Amendments, and Local Coastal Program Amendment related to the City’s new Senate Bill 9 regulations, at which time the staff report was presented, public testimony was 11 June 5, 2023 Item 14
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received, and the Planning Commission unanimously voted to continue the public hearing in order for staff to make revisions to the draft Ordinances; and WHEREAS, the draft Ordinance has been undergoing refinement since 2021 and City staff has of coordinated with California Coastal Commission staff, City Council’s Housing Subcommittee, and the Design Review Board. At the March 14, 2023 Planning Commission meeting the C asked staff to take actions to increase public participation , as a result Staff revised the City’s SB 9 informational website and included a Fact Sheet with a list of frequently asked questions, distributed newsletter articles, sent E-Notification of the review process and upcoming public hearings, and made announcements at the April 2023 Planning Commission and City Council meetings.

WHEREAS, the City posted, published, and mailed a Notice of Availability of the draft Local Coastal Amendment for public review on April 20, 2023, in accordance with California Code of Regulations Section 13515 requirements for public participation and agency coordination for Local Coastal Program Amendments; and WHEREAS, on May 9, 2023, the Planning Commission held a second duly noticed public hearing to review the revisions made to the draft Ordinance and at which time the Planning Commission adopted Resolution No. PC 2023-02 recommending that the Del Mar City Council adopt an ordinance to amend Del Mar Municipal Code and Local Coastal Program; and
WHEREAS, the City Council of the City of Del Mar has determined that this action is exempt from review under the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et. seq.) and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 of the Public Resources Code.

Pursuant to the exemptions listed above, Zone Code Amendment (ZA22-003), Municipal Code Amendment (A22-001) and Local Coastal Program Amendment (LCPA22-003) is hereby recommended to the City Council for approval; and WHEREAS, Senate Bill 9 through its legislative mandates results in changed conditions that warrant additional zoning changes to Zone Code Amendment (ZA22-003) and the Ordinance reflects that cities are to ministerially process two dwelling unit development on single-unit-zoned lots or Urban Lot Splits on single-unit-zoned lots. The proposed Zone Code Amendment provides regulations to ministerially process SB 9 projects consistent with State law while ensuring objective standards preserve the community character of the City’s single-unit-zoned neighborhoods and allows the City to mitigate any adverse impacts to coastal resources and public health; and WHEREAS, Zone Code Amendment (ZA22-003) is necessary to implement State law and as such, the City Council has determined that Zone Code Amendments to 12 June 5, 2023 Item 14
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accommodate Senate Bill 9 to be in the interest of furtherance of public health, safety, comfort, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhoods, nor be injurious to other properties in the vicinity of the Two Unit Development or Urban Lot Splits. Furthermore, proposed objective development standards are consistent with California Building Code and California Fire Code regulations; and
WHEREAS, the Zone Code Amendment conforms to the general purpose, planned use, and intent of the adopted Community Plan, and any ordinance, regulation, or plan in effect that implements the Community Plan as identified in the below:
a. Community Development Element:
i. Goal 3(A)(4) – Limit building height to two stories in all residential areas, prohibit three story facades, and encourage single story development in areas where two-story construction would be disruptive to neighborhood character and scale of development.
ii. Goal 3(D)(1) – Protect existing moderate cost housing from unnecessary redevelopment to more expensive housing by maintaining strict floor area to lot area limitations.
iii. Goal 3(F)(1) – Encourage harmonious development which is in scale with the character of existing development.
b. Housing Element:
i. Goal #1 - Facilitate a Variety of Housing Strategies to Meet Housing Element Production Targets in a Way That Complements the Existing Character of the Community.
ii. Goal #4 – Provide an Economically and Socially Diverse Balance of Housing Options that are Affordable for a Variety of Income Levels and Housing Needs.
iii. Goal #6 – Ensure a Sustainable Approach to New Housing Opportunities that Protects the Quality of Life and Future of Del Mar.

Zone Code Amendment ZA22-003 establishes regulations that will implement Senate Bill 9 in conformance with the above-cited Community Plan Goals, Objectives, and Policies.

The proposed Amendments include objective development standards that limit the height of a dwelling unit to 16 feet or one-story, which requires single story development within the single-unit-zoned neighborhoods. This will ensure development will not be disruptive to existing neighborhood character and scale while meeting the intent of State law. 13 June 5, 2023 Item 14
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Furthermore, units developed under the proposed Amendments are limited to 800-1,000 square feet, facilitating more affordably constructed units and increasing the variety of housing opportunities available for the community. Based on the intent of Senate Bill 9 to provide additional housing stock and increase housing options and opportunities for a diverse range of the population, the Ordinance provides that at least one primary unit will contain an affordability covenant that will run with the land and ensure affordability to verylow to low income households once the City’s Inclusionary Housing Ordinance is amended.

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

SECTION ONE
That a new Chapter of the Municipal Code be added as follows:

Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots

30.93.010 - Purpose and Intent.

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and CA. Gov. Code Section 2. 66411.7.(commonly referred to as: SB 9) and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law. Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

The intent of this Chapter is to comply with the requirements of State housing laws, while retaining the character of the City’s single-dwelling neighborhoods. Equal to meeting these housing law obligations is ensuring that no unavoidable adverse impacts occur to the public health, safety, or general welfare of its residents or to the City’s sensitive coastal resources.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied because it may conflict with the California Coastal Act of 1976 or where the proposed development is located within a Severe Wildfire Hazard Area or Flood Zone. Finally, should this Chapter conflict with State law then State law will have precedence over the regulations contained in this Chapter. 14 June 5, 2023 Item 14
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30.93.020 - Definitions.

Senate Bill 9 (SB 9) means a state law passed by the California State Senate and approved by the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.

Senate Bill 9 (SB 9) Development Project means a project proposing the development of Two Primary Dwelling Units and/or an Urban Lot Split pursuant to SB 9.

Two Unit Residential Development means a proposed SB 9 housing development that includes no more than two residential units developed on one lot that is currently zoned as single residential. And where two primary dwelling units are each designed with separate and fully functioning: Living, sleeping, eating, cooking, and as amenities and connected to sanitation and other utilities. The residential units must be independent living structures used by one or more persons, and where neither unit requires the use of the other unit’s living amenities or utilities.

Urban Lot Split means a parcel map subdivision that creates no more than two new parcels of approximately equal lot area, but in no case smaller than 40 percent of the other subject lot, and where both lots meet the requirements of this Chapter and Chapter

24.66. Both newly created parcels are to be no smaller than 1,200 square feet.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

Acting in Concert with the Owner means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

30.93.030 - Applicability.

A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (B).

B. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
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1. Proposed development is located on a lot that is either prime farmland or farmland of statewide importance, as defined pursuant to United States of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Proposed development on lots containing wetlands or their buffers, as defined by the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
a. Coastal Bluff Overlay Zone
b. Bluff, Slope, and Canyon Overlay Zone
c. Lagoon Overlay Zone
d. Open Space Overlay Zone
f. Historic Preservation Overlay

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).

5. Consistent with existing codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.
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6. Proposed development on a lot within a delineated earthquake fault zone as determined by the State Geologist in adopted maps published by the California State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

8. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.

10. Proposed development that requires the demolition of more than 25 percent of the existing exterior structural walls of a dwelling unit unless the existing unit has not been occupied by a tenant in the last three years from the date of application submittal. Dwelling units not occupied by a tenant in the last three years from the date of application submittal shall be limited to a maximum 50 percent demolition of existing exterior structural walls.

11. Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2. Each resulting lot shall not contain more than two dwelling units. For Urban Lot 17 June 5, 2023 Item 14
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Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit onsite, those units shall be considered dwelling units for the purposes of this Chapter.

12. On sites that have been established through prior entitlement of an Urban Lot Split; or when the owner of a parcel being subdivided and any person acting in concert with the owner, has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in this Chapter.

13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, and impediments to public recreation.

30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.

A. An applicant seeking to utilize the provisions of this Chapter may propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:

1. Inconsistency with the zoning ordinance or general plan land use designation.

2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.

A lot in a single dwelling unit zone that meets the criteria in Section 30.93.030 shall be permitted to develop up to two primary dwelling units per lot by submitting an application for an Administrative Coastal Development Permit. The issuance of an Administrative Coastal Permit will not require any public hearings. The application shall be consistent with Section 30.75.080(E) and meet the following requirements:
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A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:

1. The maximum permitted density shall be two dwelling units per lot. Units developed subject to this Section shall not be separately conveyed.

2. The dwelling units may be attached to or detached from one another, provided that the structure(s) meet building code safety standards.

3. Individual dwelling units developed in accordance with this Chapter shall not exceed a range of 800-1,000 square feet, as further defined in Section

30.93.050(A)(6)(b) of this Chapter.

4. Dwelling units developed in accordance with this Chapter shall be one-story and shall not exceed 16 feet in height, as measured pursuant to DMMC Section 30.04.080 (a), Excluded features are any new roof decks or balconies located upon a new structure.

5. Basements, as defined by DMMC Section 30.04.020 (c), are not permitted.

6. Setbacks:
a. An existing accessory building structure may be converted to a dwelling unit regardless of its existing location with respect to the property line. A new dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory building structure may continue to observe the same setbacks as the structure it replaced.
b. New primary dwelling unit structures that comply with the setbacks of the base zone and the minimum six-foot building separation per DMMC Section 30.86.200 (I). shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
c. New dwelling unit structures must comply with the front and street side yard setbacks of the base zoning designation.

7. Dwelling units, including exterior building features and accessory structures must comply with the Objective Design Standards pursuant to Chapter

23.07. Dwelling units, exterior building features and accessory structures that are not consistent with Chapter 23.07 and are not otherwise required by the California Building Code for a dwelling unit shall be subject to the objective requirements of Design Review in accordance with Chapter 23.08. 19 June 5, 2023 Item 14
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8. Parking:
a. One parking space is required for each unit created pursuant to this Chapter, unless the parcel upon which the unit is within one-half mile walking distance of a high-quality transit-corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the project. The required parking spaces may be enclosed or unenclosed.
b. In order to ensure continued and to ensure that all coastal access remains unimpeded to all members of the public, if a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided onsite in accordance with the requirements of DMMC Chapter 30.80 and the California Coastal Act. The new parking space(s) may be covered or uncovered.
c. Unenclosed or enclosed parking spaces shall not be located within required setback areas and shall be located on an improved surface such as but not limited to paving, hardscape, or decomposed granite.

If an applicant cannot comply with this requirement due to physical site constraints, the applicant shall provide all necessary information required by the City to reasonably demonstrate that it is infeasible to provide the required parking outside of the required setback area. d. The design of parking spaces shall comply with DMMC Section

30.80.060.

B. Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2 proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

C. Prior to the issuance of a building permit for a Two Unit Residential Development, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

1. A lot that utilizes the provisions of this Section shall be limited to residential uses only.
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2. Rental of units shall be for a term more than thirty (30) consecutive days.

Rentals of 30 days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.

3. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at least one of the primary dwelling units in a Two Unit Residential Development subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter and shall remain in place for not less than 55 years.

30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.

A. A parcel located in single dwelling unit zone(s) that meet the applicability criteria set forth in Section 30.93.020, shall be permitted to subdivide an existing lot into no more than two separately conveyable lots, herein referred to as an “Urban Lot Split,” by the owner submitting an application for an Administrative Coastal Development Permit in accordance with Section 30.75.080(E) and a Parcel Map in accordance with Chapter 24.66, without the requirement of a public hearing.

Only legally established lots subdivided through an Urban Lot Split are allowed to be separately conveyed. Individual dwelling units located within a SB 9 lot spilt shall not be conveyed or sold separately.

B. The proposed Urban Lot Split shall comply with the requirements in Chapter 30.75 applicable to processing of an Administrative Coastal Development Permit.

C. The Director of Planning and Community Development shall approve, conditionally approve, or deny an Urban Lot Split within 50 days after the tentative map has been deemed complete.

D. Urban Lot Splits shall be limited to a maximum of two dwelling units per each lot.

E. New construction for Two Unit Residential Development on lots created under an Urban Lot Split shall comply with the objective development standards contained within the underlying zoning designation, Section 30.93.50, and Chapter 23.07. 21 June 5, 2023 Item 14
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F. A lot that utilizes the provisions of this Section shall be limited to residential uses only. The dwelling units shall not be rented for less than 30 days. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31- day period occupancy by the same tenant or related tenant.

G. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

1. The record owner shall reside in one of the dwelling units on either of the lots created by the Urban Lot Split as their primary residence for a minimum of three years from the date of approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a “community land trust,” as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) or is a “qualified nonprofit corporation” as described in California Revenue and Taxation Code Section 214.15.

2. Rental of units shall be of a term of more than 30 consecutive days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21, 66411.7, and 65852.2.

4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

5. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at least one of the approved units on each subdivided lot shall be subject to this Chapter and shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter and shall remain in place for not less than 55 years.
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30.93.070 – Severability.

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provision are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provision are void by operation of the law then those terms and provisions shall have no force or effect.

SECTION TWO
That a new Chapter of the Municipal Code be added as follows:

Chapter 24.66 – Urban Lot Split.

24.66.010 - Urban Lot Split Requirements.

Every applicant proposing an Urban Lot Split (in accordance with Government Code Sections 66452.6, 65852.21, and 66411.7) shall submit a tentative parcel map that complies with the procedures and requirements contained in this Chapter, Chapter 30.93, and the submittal of an application for an Administrative Coastal Development Permit in accordance with Chapter 30.75.

24.66.020 - Preparation of Urban Lot Split Map.

An Urban Lot Split application shall be prepared by or under the direction of a registered civil engineer or licensed surveyor, and shall show the location of streets, easements, and property lines bounding the subject property and shall conform to the following provisions:

A. The provisions of Section 66445 of the Subdivision Map Act.

B. Contain a definite description of the land subdivided by references to recorded deeds, deed restrictions, recorded maps and official United States surveys.

Reference to tracts, recorded deeds and recorded maps shall be clearly defined, worded consistently with officially recorded records, and show the book and page of records and related map numbers.

C. Show the basis of bearings used, the relationship of said bearings to the true meridian, and the north arrow of said map shall appear on each street thereof.

D. Show a solid line separating private ways, easements and other rights-of-way not to be accepted as public streets and shown on said map from public streets, and clearly designate their nature and the manner in which the right is reserved or granted.

E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:
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1. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider.

2. Name and address of registered civil engineer or licensed surveyor, who prepared the map.

3. North arrow.

4. Scale.

5. Date of preparation.

6. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof and point of access from each lot.

7. Locations and width of alleys.

8. Names, location and width of adjacent streets.

9. Lot lines and approximate dimensions and numbers of each lot.

10.Approximate location and width of watercourses of areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent features.

11.Approximate contours at two-foot intervals.

12.Approximate location of existing buildings and permanent structures.

13.Location of all major vegetation showing size and type.

14.Legal description of the exterior boundaries of the subdivisions.

15.Width and location of all existing and proposed public or private easement, for example utilities and bicycle paths.

16.Classification of lots as to be intended residential, commercial, industrial or otherwise.

17.Location of railroads and rights-of-way.

18.Approximate radii of curves.

19.Any proposed phasing by units.

20.Number of units to be constructed when a condominium or community apartment project is involved.
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21.At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

22.Locations of existing structures within the subdivision and structures outside the subdivision but within 25 feet of the subdivision boundaries.

F. Shown either on the proposed tentative map or an accompanying document shall be the information regarding the following matters:

1. Source of water supply.

2. Type of street improvement and utilities which the subdivider proposes to install.

3. Proposed method sewage disposal, including location of facilities.

4. Proposed storm water sewer or other means of drainage, including the location of such facilities.

5. Protective covenants to be recorded.

6. Proposed tree plantings.

7. Landscaping and irrigation conceptual plans.

24.66.30 - Application.

A. A subdivider applying for an Urban Lot Split shall file a completed application with the Planning Division, together with copies of a tentative parcel map. An applicant for an Urban Lot Split shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split; or if new development is proposed for a Two Unit Residential Development, from the date when the Planning and Community Development Department issues its final occupancy permit.

B. The Planning and Community Development Department and City Engineer shall not accept an application or map for processing unless the Department finds that the Urban Lot Split is consistent with the applicable zoning provisions, State law, and that all approvals and permits required by the City zoning provisions for the project have been approved.
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C. The Planning and Community Development Department shall not accept an application or map for an Urban Lot Split unless it is submitted together with an Administrative Coastal Development Permit in accordance with Chapter 30.75.

D. Notwithstanding the provision of subsection B of this section, an Urban Lot Split may be processed concurrently with documents, permits, or approvals required by the zoning provisions, if the applicant first waives the time limits for processing, approving, or conditionally approving or disapproving an Urban Lot Split provided by this chapter or the Subdivision Map Act.

24.66.40 - Information to be filed with Urban Lot Split Map.

Such information as may be prescribed by the rules and regulations approved by the City Council and such additional information as the City Engineer may find reasonably necessary with respect to any particular case to implementing provisions of this Chapter and shall accompany the Urban Lot Split at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act.

24.66.050 - Requirements for Urban Lot Split Map.

A. The Urban Lot Split shall comply with all applicable objective requirements of the Subdivision Map Act, except as provided by Government Code Section 66411.7; and the following shall be required as determined by the City Engineer:

1. Easements for the provision of public services and facilities.

2. Both lots shall provide primary vehicular access to and from a public street.

3. Panhandle lots or easements to access the proposed lot shall be a maximum of 20 feet.

B. Offsite improvements fees, directly related to an Urban Lot Split, may be imposed to make the subdivision function properly and ensure its feasibility, such as but not limited to requiring the construction of: Driveways, curbs, gutters, or sidewalk improvements as reasonably determined by the City Engineer.

C. Urban Lot Splits shall be limited to a maximum of two dwelling units on each lot.

Lots subdivided under an Urban Lot Split are not eligible for additional Accessory Dwelling Units or Junior Accessory Dwelling Units if the lot contains existing Accessory Dwelling Units or Junior Accessory Dwellings. Those existing accessory dwelling units shall be considered dwelling units for the purposes of this Chapter. 26 June 5, 2023 Item 14
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D. Development of dwelling units proposed on lots created by an Urban Lot Split shall comply with all applicable objective standards contained within the underlying zoning designation, objective subdivision standards, and Objective Design Standards in Chapter 23.07. However, applicable objective standards may be reduced if the standards would have the effect of physically precluding the construction of two, 800-square-foot, dwelling units on each resulting parcel created pursuant to this chapter. In no case shall such accommodation conflict with the minimum lot requirements per the Subdivision Map Act.

E. Urban Lot Splits shall comply with Chapter 24.21 – Dedication: Affordable Housing Mitigation.

F. The minimum lot area and minimum lot dimension regulations of the base zone shall be waived and replaced with the following regulations:

1. The two parcels created shall be approximately equal in size, provided that one lot shall not be any smaller than 40 percent of the lot area of the original lot.

2. The two lots shall be no smaller than 1,200 square feet in lot area for each lot.

3. New unit sizes shall not be greater than 800 square feet. Maps shall show the footprints of existing and proposed structures.

G. Dwelling units constructed on a lot subdivided by an Urban Lot Split shall be subject to and comply with the objective development standards specified in the underlying zoning designation, Chapter 30.93, and Chapter 23.07.

H. A lot may not utilize the Urban Lot Split provisions of this Chapter and Chapter

30.93 if any of the following apply:

1. The lot was established through a prior Urban Lot Split in accordance with this Section.

2. The record owner or any person acting in concert with the record owner has previously subdivided an adjacent lot using an Urban Lot Split in accordance with this Section.

I. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed 27 June 5, 2023 Item 14
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restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (I).

K. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:

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designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).

5. Consistent with City codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.

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Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant must choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2 but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit must be no more than 800 square feet in floor area.
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24.66.060 - Grading Plan.

There shall be filed with an Urban Lot Split a grading plan showing any grading proposed for the creation of building sites within the subdivision or for construction of improvements to serve the subdivision. The grading plan together with the original topographical contours must be shown on the tentative map for an Urban Lot Split. This plan shall indicate approximate earthwork volumes of proposed excavation and filing operations. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map.

24.66.070 - Preliminary Title Report.

There shall be filed with the tentative map a current preliminary title report for the property being subdivided.

24.66.080 - Planning and Community Development Director – Duties.

A. Obtain the recommendations of other City departments, or other governmental agencies as may be deemed appropriate or reasonably necessary by the City Engineer in order to carry out the provision of this chapter; and B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.

24.66.090 - Consideration of Urban Lot Split Map – Notice of Decision.

Within 50 calendar days after a complete application for an Urban Lot Split Map is filed, the Director of Planning and Community Development shall ministerially approve or disapprove such map. The time limit specified in this section may be extended by mutual consent of the applicant and the city. If the Urban Lot Split is disapproved, the reasons therefore shall be stated in the notice of disapproval. 31 June 5, 2023 Item 14
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24.66.100 - Revised Urban Lot Split.

A. Where an applicant proposes to revise or alter a submitted proposed Urban Lot Split application for which a tentative map has been previously approved by the Director of Planning and Community Development, the applicant may file with the Planning Department a revised Urban Lot Split application including the payment of established fees.

B. A revised tentative map for an Urban Lot split shall conform to the following requirements:

1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.

2. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

3. The revised tentative map shall contain all of the information required on previously approved tentative map and shall be accompanied by such data as is required to be filed with the proposed new tentative map.

4. A revised tentative map shall be filed with the City within 24-months from the final approval of the previous tentative map. Extension of time must be requested by the applicant to the Director of Planning and Community Development prior to the expiration of the 24-month map revision timeframe. Extensions of time are at the sole discretion of the Director of Planning and Community Development.

5. Upon the filing of a revised tentative map and payment of the prescribed fees, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved, or disapproved, in the same manner as the previously approved tentative map, provided, however, that the applicant shall have 12 months from the approval or conditional approval of the original tentative map within which to obtain final map approval, unless such period is extended pursuant to this Chapter, in which case, the applicant shall obtain final map approval within the period of any such extension.
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24.66.110 - Disapproval of Urban Lot Split.

The Director of Planning and Community Development shall not approve an Urban Lot Split under the following circumstances:

A. Based on a preponderance of the evidence that the proposed subdivision would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment (including but not limited to sensitive coastal resources and public access) and where there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

B. The land proposed for subdivision is a lot or parcel which was part of an Urban Lot Split that the City previously approved.

C. The subdivision proposes creation of more than two lots or more than two units per lot.

D. If the Urban Lot Split does not meet the requirements of this Chapter or that all approvals or permits required by this Chapter for the project have not been issued.

E. Failure to comply with applicable, objective requirements of the Subdivision Map Act and this Chapter.

24.66.120 - Expiration/Extension of Urban Lot Split.

The expiration of the Urban Lot Split shall be in accordance with Government Code Section 66452.6 or as revised and the following:

A. A tentative map shall expire 24 months after its approval or conditional approval.

B. Upon application received by the Planning Department at least 60 days prior to the expiration of the tentative map, the Director of Planning and Community Development, at their sole discretion, may extend the time of expiration for a period or periods not to exceed six years.

24.66.130 – Transmittal of Urban Lot Split to County Recorder.

Upon the approval of an Urban Lot Split by the Director of Planning and Community Development, the applicant or its agent shall transmit the map to the San Diego County Recorder’s Office and ensure the timely recording of the Tentative Map. An Urban Lot Split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
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24.66.140 – Severability.

SECTION THREE
That a new Chapter of the Municipal Code be added as follows:

23.07 - Objective Design Standards for Residential Development

23.07.010 – Purpose
A. In response to a declared housing crisis, the State of California established various mandates in State Housing law that require streamlining of permit applications through an administrative process at the city level, including limitations that require objective design standards for certain types of housing development.

C. The intent of this Chapter is to facilitate the permitting process for proposed housing development consistent with State law and to implement the City’s Community Plan (General Plan) in a manner that harmonizes adopted local policies with State law.

23.07.020 – Applicability and Process for Approval
A. All residential development referred to in this Chapter shall be processed in accordance with a ministerial permit approval process and reviewed without discretionary review or public hearings.

B. Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.

C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as “Two Unit Residential Development.” As part of the ministerial review, any Two Unit Residential Development shall comply 34 June 5, 2023 Item 14
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with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter

30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC), the stricter objective standard shall apply.

D. Chapter 23.07 shall not apply to proposed Accessory Dwelling Units, which are subject to review and processing in accordance with Chapter 30.91.

23.07.030 – Objective Design Standards for Two Unit Residential Development A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-squarefoot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the California Coastal Act of 1976 and determine if other feasible siting locations reduce impacts environmentally sensitive coastal areas. Additionally, the project may be denied if it will endanger public health or safety or create an unmitigable adverse impacts to the physical environment. At which time the City will produce written findings to the applicant based on the preponderance of evidence that the project with have unavoidable impacts to the public’s health and safety, coastal resources, or the physical environment.

B. An exterior wall heater and/or air conditioning unit is permitted for a dwelling unit proposed under this Section. Any additional mechanical equipment or exterior building features that are not otherwise required by this Section, Chapter 30.93, or the California Building Code shall be subject to Administrative Design Review in accordance with Section 23.08.035.

C. To remove, destroy, or move a Protected Tree as defined in Section 23.50.020 to accommodate the construction for a Two Unit Residential Development project shall be subject to the requirements contained in Chapter 23.50. 35 June 5, 2023 Item 14
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TABLE A
SB 9 – OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT
A. Window
Placement

1. Windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. The following shall be employed:
a) Sizing and placing of windows shall be offset or stagger the window placement from neighboring windows.
b) When staggering or offset of windows cannot be achieved, obscured or opaque window glass, clerestory windows, or windows with higher sills shall be used.

B. Neighborhood
Compatibility &
Setbacks

1. Front setbacks of new homes shall relate to those on adjacent parcels. In cases where setbacks along a street front are uniform, new development shall match those setbacks unless this standard would preclude the construction of a unit size of less than 800 square feet, and in this case, shall conform to the required minimum front and side setback.

2. When adjacent lots have nonconforming front yard setbacks, the new development shall conform to the required minimum front yard setback.

3. When front yard setbacks are varied in the neighborhood, new homes shall be made to locate the new home with an average setback of the two existing adjacent homes, unless this standard would preclude the construction of a unit size of less than 800 square feet, and in such case, shall conform to the required minimum front setback. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

4. Outdoor speakers, televisions or other permanent electronic entertainment features with a mechanically or electronic generated noise are prohibited.

5. Exterior HVAC or other mechanical equipment shall be fully screened from view from a public right-of-way or adjacent property and located in a manner that would achieve compliance with the maximum allowed decibel levels of Chapter 9.20 – Noise Regulations.

6. HVAC units and other mechanical equipment shall be groundmounted only. HVAC units and associated screening equipment shall be a minimum of four feet from a side or rear property line. Encroachment 36 June 5, 2023 Item 14
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of a HVAC or mechanical equipment within a front yard or street side yard setback area is prohibited.

7. Rooftop decks and balconies are prohibited.

8. Attached fireplaces and chimneys shall not project into any required yard setback area. A chimney shall be limited to the minimum height necessary to comply with the California Building Code.

9. No part of the dwelling unit, including eaves, cantilevered portions of a dwelling unit, or overhangs shall encroach into a four-foot side and rear setback.

C. Public Safety
and
Environmental
ProtectionHillside
Development &
Grading

1. To protect coastal resources and reduce wildfire impacts, homes shall not be located at the crest, ridgeline, or the top of a hill. Homes shall not project above the peak of the ridgeline.

2. To protect public health and safety, when feasible, utilize a 20-foot setback from the top of slope and a 10-foot setback from the bottom of a substantially steep slope, which are slopes that exceed 25 percent grade (see DMMC Chapter 30.52) for the design and placement of homes to maintain the natural topography and minimize grading.

3. Excavation or grading onto a 4:1 slope shall be prohibited.

4. Grading shall be limited to the area required for the structure. Any grading outside of the structure shall be subject to the requirements and procedures contained within Chapter 23.33 – Land Conservation Permit.

D. Retaining Walls
and Fencing

1. All objective standards for fences contained within Section 30.86.090 – Fences/Retaining Walls apply.

2. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.

3. The distance between two terraced retaining walls shall be, at the minimum, the average of the height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.

4. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.
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5. Fences and walls shall follow the natural site topography.

6. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.

7. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.

8. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible from the public right-of-way or adjacent properties.

If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.

E. Hardscape &
Access to Public
Right-Of-Ways

1. Access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width. Said driveway width shall not exceed a total maximum of 20 feet along all abutting street lines.

2. Hardscape shall not exceed 50 percent of the front yard and street side setback, including driveways and pedestrian walkways.

3. Line of sight shall be retained in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles.

4. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of a unit less than 800 square feet.

5. Unenclosed, on-site parking shall be located outside of a required side, street side yard and front yard setback.

6. Circular driveways are prohibited.

F. Water
Resource
ProtectionLandscape and
Vegetation

1. New construction shall not be located within the dripline of an environmentally “Protected Tree” as defined in Chapter 23.50. 38 June 5, 2023 Item 14
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2. Trees shall not be planted in a columnar manner. New trees shall be a minimum 24-inch box size and new shrubs shall be a minimum 5-gallon size.

3. All landscaping shall be drought tolerant and California native plants.

4. All proposed landscaping shall comply with Chapter 23.60 - Water Efficiency Landscape Ordinance (WELO).

G. Architectural
Features and
Articulation

1. Four-sided (360-degree) architecture shall be incorporated on all building elevations, which include, but are not limited to, variation in massing, roof forms, wall planes, materials, and surface articulation.

Material and color changes shall occur at intersecting planes and shall not occur at the outside corners of structures.

2. Units shall have an identifiable main entry when approached from the street. Garage doors shall not be the main entry feature. Sliding, retractable, or accordion style doors shall not be used for the main entry of a home.

3. Exterior materials shall be siding, stucco, brick, stone, or other similar materials and shall be in an earth tone color. Board-formed, non-colored, concrete, and stained wood with proper fire assemblies may be used for accent walls.

4. The maximum allowed enclosed or partially enclosed non-converted garage space shall be limited to 10 feet wide by 20 feet long.

5. If an attached garage is proposed, the garage shall be setback five feet from the façade of the proposed dwelling unit.

6. Garage doors shall be recessed a minimum of two inches from the face of the garage.

7. Wall and roof planes on each elevation must be varied at a minimum of every 20 feet with a projection, offset or recess of the building of at least one foot in depth.

8. Dwelling units shall be one-story and a maximum 16 feet in height.

Dwelling units shall have a maximum 10-foot plate height.

9. Sloped roof materials shall be 30-year minimum composition shingle, tile, natural slate or standing seam metal in a non-reflective color. Flat roofs shall utilize non-reflective materials and colors. 39 June 5, 2023 Item 14
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10. All vents, downspouts, flashing, and electrical conduit shall match the color of the dwelling.

11. Development that requires the demolition of an existing dwelling unit shall be limited to 50 percent demolition of the existing exterior structural walls for dwelling units not occupied by a tenant in the last three years.

H. Lighting and
Screening

1. All exterior lighting shall be fully shielded with shut off controls or sensors, timers, or motion detectors. Shielded up lighting and fixtures with an adjustable aiming angle are prohibited.

2. Exterior building lighting shall be limited to the minimum necessary for compliance with Building Code requirements.

3. All exterior lighting proposed, including fixtures and sources shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark-sky Association, or be comparable in terms of fixtures that minimize glare, reduce light trespass, and do not pollute the night sky.

4. Glass walls (any wall plane consisting of more that 75 percent opaque or transparent glazed surface) that are visible from neighboring homes are prohibited.

5. The lamp color or color temperature for all lighting shall be limited to a maximum 2,700 kelvin.

I. Screening 1. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public right-of-way.

All flashing, sheet metal, vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

2. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from the public view with walls and landscaping and a lid if the top of the trash bins is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property if not located within a garage.

3. Foundations and undersides of structures shall be fully screened with compatible materials and colors of the home.

4. Mechanical equipment such as backflow preventers shall be screened from public view if located in the front or street side yard setback. 40 June 5, 2023 Item 14
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5. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.

SECTION FOUR
That Municipal Code Chapter 30.74 be amended as follows:

Chapter 30.75 (Coastal Development Permits)

30.75.080 – Coastal Development Permits Issued by the City—Issuing Authority, Public Hearing Required.

A. through D. [No change]
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:

1. Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.

2. Applications for Lot Line Adjustments and/or Certificates of Compliance.

3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.D.5. that is not otherwise exempt from a Coastal Development Permit.

4. Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.

5. An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.

F. [No change]

SECTION FIVE
That Municipal Code Chapter 30.10 be amended as follows:

Chapter 30.10 (Very Low Density Residential (R1-40))

30.10.030 – Allowable Uses.
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The allowable uses in the R1-40 Zone are:

A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section

30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.10.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 40,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]

SECTION SIX
That Municipal Code Chapter 30.10 be amended as follows:

Chapter 30.11 (Modified Low Density Residential (R1-14))

30.11.030 – Allowable Uses.

The allowable uses in the R1-14 Zone are:

A. A single dwelling unit on each building side; and
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B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.11.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 14,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66
C. [No change]

SECTION SEVEN
Chapter 30.12 (Low Density Residential (R1-10))

30.12.030 – Allowable Uses.

The allowable uses in the R1-10 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93. 43 June 5, 2023 Item 14
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30.12.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 10,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]

SECTION EIGHT

30.13.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 10,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 35 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
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SECTION NINE
Chapter 30.14 (Medium Density Single-Family Residential (R1-5))

30.14.030 – Allowable Uses.

The allowable uses in the R1-5 Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.14.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 5,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 50 feet.

4. Minimum lot depth: 90 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]

SECTION TEN
Chapter 30.15 (Medium Density Single-Family Residential – Beach (R1-5B))

30.15.030 – Allowable Uses.

The allowable uses in the R1-5B Zone are:
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A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.15.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 5,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 50 feet.

4. Minimum lot depth: 80 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]

SECTION ELEVEN
This Ordinance was introduced by the City Council on June 5, 2023.

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

SECTION THIRTEEN
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
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SECTION FOURTEEN
This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Del Mar, California, held on the 19th day of June, 2023. ________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
47 June 5, 2023 Item 14
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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 Ordinance No. XXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Nestor Machado, Acting City Clerk
City of Del Mar
48 June 5, 2023 Item 14

ATTACHMENT B
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52 June 5, 2023 Item 14
53 June 5, 2023 Item 14
SB 9 Implementation – Draft Regulations
(New DMMC) Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots

30.93.010 - Purpose and Intent.

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and CA. Gov. Code Section 2. 66411.7.(commonly referred to as: SB 9) and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law . Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied because it may conflict with the California Coastal Act of 1976 or where the proposed development is located within a Severe Wildfire Hazard Area. Finally, should this Chapter conflict with State law then State law will have precedence over the regulations contained in this Chapter.

30.93.020 - Definitions.

Senate Bill 9 (SB 9) Development Project means a project proposing the development of Two Primary Dwelling Units and/or an Urban Lot Split pursuant to SB 9.

Urban Lot Split means a parcel map subdivision that creates no more than two new parcels of approximately equal lot area, but in no case smaller than 40 percent of the 54 June 5, 2023 Item 14
other subject lot, and where both lots meet the requirements of this Chapter and Chapter

24.66. Both newly created parcels are to be no smaller than 1,200 square feet.

30.93.030 - Applicability.

A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (B).

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish 55 June 5, 2023 Item 14
and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
a. Coastal Bluff Overlay Zone
b. Bluff, Slope, and Canyon Overlay Zone
c. Lagoon Overlay Zone
d. Open Space Overlay Zone
f. Historic Preservation Overlay

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).

30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.

A. An applicant seeking to utilize the provisions of this Chapter may propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.

B. Any application pursuant to this Chapter may be denied by the City upon the making of written findings establishing by a preponderance of the evidence that the proposed development would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 57 June 5, 2023 Item 14
As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:

1. Inconsistency with the zoning ordinance or general plan land use designation.

2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.

A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:

1. The maximum permitted density shall be two dwelling units per lot. Units developed subject to this Section shall not be separately conveyed.

2. The dwelling units may be attached to or detached from one another, provided that the structure(s) meet building code safety standards.

3. Individual dwelling units developed in accordance with this Chapter shall not exceed a range of 800-1,000 square feet, as further defined in Section

30.93.050(A)(6)(b) of this Chapter..

5. Basements, as defined by DMMC Section 30.04.020 (c), are not permitted.

6. Setbacks:
a. An existing accessory building structure may be converted to a dwelling unit regardless of its existing location with respect to the property line. A new dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory building structure may continue to observe the same setbacks as the structure it replaced.
58 June 5, 2023 Item 14
b. New primary dwelling unit structures that comply with the setbacks of the base zone and the minimum six-foot building separation per DMMC Section 30.86.200 (I). shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
c. New dwelling unit structures must comply with the front and street side yard setbacks of the base zoning designation.

7. Dwelling units, including exterior building features and accessory structures must comply with the Objective Design Standards pursuant to Chapter

30.80.060.
59 June 5, 2023 Item 14
B. Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2 proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

1. A lot that utilizes the provisions of this Section shall be limited to residential uses only.

2. Rental of units shall be for a term more than thirty (30) consecutive days.

30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.

B. The proposed Urban Lot Split shall comply with the requirements in Chapter 30.75 applicable to processing of an Administrative Coastal Development Permit.

C. The Director of Planning and Community Development shall approve, conditionally approve, or deny an Urban Lot Split within 50 days after the tentative map has been deemed complete.

D. Urban Lot Splits shall be limited to a maximum of two dwelling units per each lot.

Lots subdivided under an Urban Lot Split are not eligible for Accessory Dwelling Units or Junior Accessory Dwelling Units. For Urban Lot Splits that contain existing Accessory Dwelling Units or Junior Accessory Dwelling Units onsite, those units shall be considered a dwelling unit for the purposes of this Chapter. 60 June 5, 2023 Item 14
E. New construction for Two Unit Residential Development on lots created under an Urban Lot Split shall comply with the objective development standards contained within the underlying zoning designation, Section 30.93.50, and Chapter 23.07.

G. Urban Lot Splits shall comply with Chapter 24.21 – Dedication: Affordable Housing Mitigation.

H. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

30.93.070 – Severability.

24.66.010 - Urban Lot Split Requirements.

24.66.020 - Preparation of Urban Lot Split Map.

A. The provisions of Section 66445 of the Subdivision Map Act.

B. Contain a definite description of the land subdivided by references to recorded deeds, deed restrictions, recorded maps and official United States surveys.

Reference to tracts, recorded deeds and recorded maps shall be clearly defined, worded consistently with officially recorded records, and show the book and page of records and related map numbers.

C. Show the basis of bearings used, the relationship of said bearings to the true meridian, and the north arrow of said map shall appear on each street thereof.

E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:

1. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider.

2. Name and address of registered civil engineer or licensed surveyor, who prepared the map.

3. North arrow.

4. Scale.

5. Date of preparation.
62 June 5, 2023 Item 14

6. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof and point of access from each lot.

7. Locations and width of alleys.

8. Names, location and width of adjacent streets.

9. Lot lines and approximate dimensions and numbers of each lot.

10.Approximate location and width of watercourses of areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent features.

11.Approximate contours at two-foot intervals.

12.Approximate location of existing buildings and permanent structures.

13.Location of all major vegetation showing size and type.

14.Legal description of the exterior boundaries of the subdivisions.

15.Width and location of all existing and proposed public or private easement, for example utilities and bicycle paths.

16.Classification of lots as to be intended residential, commercial, industrial or otherwise.

17.Location of railroads and rights-of-way.

18.Approximate radii of curves.

19.Any proposed phasing by units.

20.Number of units to be constructed when a condominium or community apartment project is involved.

21.At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

22.Locations of existing structures within the subdivision and structures outside the subdivision but within 25 feet of the subdivision boundaries.

F. Shown either on the proposed tentative map or an accompanying document shall be the information regarding the following matters:

1. Source of water supply.

2. Type of street improvement and utilities which the subdivider proposes to install.
63 June 5, 2023 Item 14

3. Proposed method sewage disposal, including location of facilities.

4. Proposed storm water sewer or other means of drainage, including the location of such facilities.

5. Protective covenants to be recorded.

6. Proposed tree plantings.

7. Landscaping and irrigation conceptual plans.

24.66.30 - Application.

24.66.40 - Information to be filed with Urban Lot Split Map.

24.66.050 - Requirements for Urban Lot Split Map.

1. Easements for the provision of public services and facilities.

2. Both lots shall provide primary vehicular access to and from a public street.

3. Panhandle lots or easements to access the proposed lot shall be a maximum of 20 feet.

C. Urban Lot Splits shall be limited to a maximum of two dwelling units on each lot.

E. Urban Lot Splits shall comply with Chapter 24.21 – Dedication: Affordable Housing Mitigation.

F. The minimum lot area and minimum lot dimension regulations of the base zone shall be waived and replaced with the following regulations:

1. The two parcels created shall be approximately equal in size, provided that one lot shall not be any smaller than 40 percent of the lot area of the original lot.
65 June 5, 2023 Item 14

2. The two lots shall be no smaller than 1,200 square feet in lot area for each lot.

3. New unit sizes shall not be greater than 800 square feet. Maps shall show the footprints of existing and proposed structures.

H. A lot may not utilize the Urban Lot Split provisions of this Chapter and Chapter

30.93 if any of the following apply:

1. The lot was established through a prior Urban Lot Split in accordance with this Section.

2. The record owner or any person acting in concert with the record owner has previously subdivided an adjacent lot using an Urban Lot Split in accordance with this Section.

I. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
a. Coastal Bluff Overlay Zone
b. Bluff, Slope, and Canyon Overlay Zone
c. Lagoon Overlay Zone
67 June 5, 2023 Item 14
d. Open Space Overlay Zone
f. Historic Preservation Overlay

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).

24.66.060 - Grading Plan.

24.66.070 - Preliminary Title Report.

There shall be filed with the tentative map a current preliminary title report for the property being subdivided.

24.66.080 - Planning and Community Development Director – Duties.

The Planning and Community Development Director is authorized and directed to carry out the following duties concerning applications for Urban Lot Split under this chapter which include the following:
69 June 5, 2023 Item 14
A. Obtain the recommendations of other City departments, or other governmental agencies as may be deemed appropriate or reasonably necessary by the City Engineer in order to carry out the provision of this chapter; and B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.

24.66.090 - Consideration of Urban Lot Split Map – Notice of Decision.

24.66.100 - Revised Urban Lot Split.

B. A revised tentative map for an Urban Lot split shall conform to the following requirements:

1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.

24.66.110 - Disapproval of Urban Lot Split.

The Director of Planning and Community Development shall not approve an Urban Lot Split under the following circumstances:

B. The land proposed for subdivision is a lot or parcel which was part of an Urban Lot Split that the City previously approved.

C. The subdivision proposes creation of more than two lots or more than two units per lot.

D. If the Urban Lot Split does not meet the requirements of this Chapter or that all approvals or permits required by this Chapter for the project have not been issued.

E. Failure to comply with applicable, objective requirements of the Subdivision Map Act and this Chapter.

24.66.120 - Expiration/Extension of Urban Lot Split.

The expiration of the Urban Lot Split shall be in accordance with Government Code Section 66452.6 or as revised and the following:

A. A tentative map shall expire 24 months after its approval or conditional approval.

24.66.130 – Transmittal of Urban Lot Split to County Recorder.

24.66.140 – Severability.

The following is a reference to other DMMC Chapters that will be amended in association with the addition of the DMMC Chapters 30.93, 23.07, and 24.66 for SB9 Implementation. Underline represents language to be added.

Chapter 30.75 (Coastal Development Permits)

30.75.080 – Coastal Development Permits Issued by the City—Issuing Authority, Public Hearing Required.

1. Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.

2. Applications for Lot Line Adjustments and/or Certificates of Compliance.

3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.D.5. that is not otherwise exempt from a Coastal Development Permit.

4. Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.

5. An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.

F. [No change]
72 June 5, 2023 Item 14
Chapter 30.10 (Very Low Density Residential (R1-40))

30.10.030 – Allowable Uses.

The allowable uses in the R1-40 Zone are:

30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.10.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 40,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
Chapter 30.11 (Modified Low Density Residential (R1-14))

30.11.030 – Allowable Uses.

The allowable uses in the R1-14 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
73 June 5, 2023 Item 14
C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.11.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 14,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66
C. [No change]
Chapter 30.12 (Low Density Residential (R1-10))

30.12.030 – Allowable Uses.

The allowable uses in the R1-10 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.12.070 – Development Standards.

A. [No change]
74 June 5, 2023 Item 14
B. Lot Dimensions.

1. Minimum lot size: 10,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 75 feet.

4. Minimum lot depth: 100 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
Chapter 30.13 (Low Density Residential – Beach (R1-10B))

30.13.030 – Allowable Uses.

The allowable uses in the R1-10B Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.13.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 10,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 35 feet.

4. Minimum lot depth: 100 feet.
75 June 5, 2023 Item 14

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
Chapter 30.14 (Medium Density Single-Family Residential (R1-5))

30.14.030 – Allowable Uses.

The allowable uses in the R1-5 Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.14.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 5,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 50 feet.

4. Minimum lot depth: 90 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
Chapter 30.15 (Medium Density Single-Family Residential – Beach (R1-5B))

30.15.030 – Allowable Uses.
76 June 5, 2023 Item 14
The allowable uses in the R1-5B Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section

30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.15.070 – Development Standards.

A. [No change]
B. Lot Dimensions.

1. Minimum lot size: 5,000 square feet.

2. Minimum street frontage: 20 feet.

3. Minimum lot width: 50 feet.

4. Minimum lot depth: 80 feet.

5. New lots created as part of an Urban Lot Split as defined in Chapter

30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

C. [No change]
(New DMMC) 23.07 - Objective Design Standards for Residential Development.

B. The purpose of this Chapter is to set forth the City’s objective design standards where the City is precluded by State law from applying discretionary design review and other permit approval processes identified in Chapter 23.08.
77 June 5, 2023 Item 14
C. The intent of this Chapter is to facilitate the permitting process for proposed housing development consistent with State law and to implement the City’s Community Plan (General Plan) in a manner that harmonizes adopted local policies with State law.

23.08. C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as “Two Unit Residential Development.” As part of the ministerial review, any Two Unit Residential Development shall comply with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter 30.93 shall apply. Where there is conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC), the stricter objective standard shall apply.

D. Chapter 23.07 shall not apply to proposed Accessory Dwelling Units, which are subject to review and processing in accordance with Chapter 30.91.

23.07.030 – Objective Design Standards for Two Unit Residential Development A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-square-foot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the California Coastal Act of 1976 and determine if other feasible siting locations reduce impacts environmentally sensitive coastal areas. Additionally, the project may be denied if it will endanger public health or safety or create an unmitigable adverse impacts to the physical environment. At which time the City will produce written findings to the applicant based on the preponderance of evidence that the project with have unavoidable impacts to the public’s health and safety, coastal resources, or the physical environment. 78 June 5, 2023 Item 14
B. An exterior wall heater and/or air conditioning unit is permitted for a dwelling unit proposed under this Section. Any additional mechanical equipment or exterior building features that are not otherwise required by this Section, Chapter 30.93, or the California Building Code shall be subject to Administrative Design Review in accordance with Section 23.08.035.

TABLE A
SB 9 – OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT
A. Window
Placement

B. Neighborhood
Compatibility &
Setbacks

2. When adjacent lots have nonconforming front yard setbacks, the new development shall conform to the required minimum front yard setback.

4. Outdoor speakers, televisions or other permanent electronic entertainment features with a mechanically or electronic generated noise are prohibited.

7. Rooftop decks and balconies are prohibited.

8. Attached fireplaces and chimneys shall not project into any required yard setback area. A chimney shall be limited to the minimum height necessary to comply with the California Building Code.

9. No part of the dwelling unit, including eaves, cantilevered portions of a dwelling unit, or overhangs shall encroach into a four-foot side and rear setback.

C. Public Safety
and
Environmental
ProtectionHillside
Development &
Grading

1. To protect coastal resources and reduce wildfire impacts, homes shall not be located at the crest, ridgeline, or the top of a hill. Homes shall not project above the peak of the ridgeline.

3. Excavation or grading onto a 4:1 slope shall be prohibited.

D. Retaining Walls
and Fencing

1. All objective standards for fences contained within Section 30.86.090 – Fences/Retaining Walls apply.

2. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.
80 June 5, 2023 Item 14

5. Fences and walls shall follow the natural site topography.

7. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.

8. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible from the public right-of-way or adjacent properties.

If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.

E. Hardscape &
Access to Public
Right-Of-Ways

2. Hardscape shall not exceed 50 percent of the front yard and street side setback, including driveways and pedestrian walkways.

4. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of a unit less than 800 square feet.

5. Unenclosed, on-site parking shall be located outside of a required side, street side yard and front yard setback.
81 June 5, 2023 Item 14

6. Circular driveways are prohibited.

F. Water
Resource
ProtectionLandscape and
Vegetation

1. New construction shall not be located within the dripline of an environmentally “Protected Tree” as defined in Chapter 23.50.

2. Trees shall not be planted in a columnar manner. New trees shall be a minimum 24-inch box size and new shrubs shall be a minimum 5-gallon size.

3. All landscaping shall be drought tolerant and California native plants.

4. All proposed landscaping shall comply with Chapter 23.60 - Water Efficiency Landscape Ordinance (WELO).

G. Architectural
Features and
Articulation

Material and color changes shall occur at intersecting planes and shall not occur at the outside corners of structures.

4. The maximum allowed enclosed or partially enclosed non-converted garage space shall be limited to 10 feet wide by 20 feet long.

5. If an attached garage is proposed, the garage shall be setback five feet from the façade of the proposed dwelling unit.

6. Garage doors shall be recessed a minimum of two inches from the face of the garage.

7. Wall and roof planes on each elevation must be varied at a minimum of every 20 feet with a projection, offset or recess of the building of at least one foot in depth.

8. Dwelling units shall be one-story and a maximum 16 feet in height.

Dwelling units shall have a maximum 10-foot plate height. 82 June 5, 2023 Item 14

10. All vents, downspouts, flashing, and electrical conduit shall match the color of the dwelling.

H. Lighting and
Screening

1. All exterior lighting shall be fully shielded with shut off controls or sensors, timers, or motion detectors. Shielded up lighting and fixtures with an adjustable aiming angle are prohibited.

2. Exterior building lighting shall be limited to the minimum necessary for compliance with Building Code requirements.

4. Glass walls (any wall plane consisting of more that 75 percent opaque or transparent glazed surface) that are visible from neighboring homes are prohibited.

5. The lamp color or color temperature for all lighting shall be limited to a maximum 2,700 kelvin.

I. Screening 1. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public right-of-way.

All flashing, sheet metal, vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

3. Foundations and undersides of structures shall be fully screened with compatible materials and colors of the home.

4. Mechanical equipment such as backflow preventers shall be screened from public view if located in the front or street side yard setback. 83 June 5, 2023 Item 14

BORDER AVE

AVE BORDER
27TH
SANDY 29TH
LN

OCEAN FRONT

BLVD DURANTE JIMMY
ST
DYKE
AVE
VIA
RIMINI

UMATILLA
RD
ALTA
RD
11TH ST
AMPHIT
WY
RD
MAR
OCEAN
AVE
8TH
ST
NOB
7TH ST
LN
RD
PINES
HIDDEN

LN PINES
HIDDEN
DR

NEEDLES
PINE
AVE
VALLEY

CAR MEL
RD
ORIBIA
DR
ST
TEWA

H LA KA MAT
DR

KL SI H
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WY
VID
NOZ LU

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ERP
S

NE TI EN RP SE
ZAPO
CUL
ST
ST

BELLAIRE ST
DR
ZAPO
E
AVE
BALBOA
AVE
AVE
SEA
BALBOA
ZUNI

AVENIDA
LN
TA
NE
LU

STRATFORD
17TH ST
ST
ST
ST
27TH ST
26TH ST
28TH ST
POINTE

STRATFORD

SEA ORBIT LN

LOIS LN
CT
11TH ST
12TH ST
13TH ST

PACIFIC LN

DEL CAMINO

OCEAN AV
15TH
ST

STRATFORD
CT
ZUNI
FOREST
WY

DIEGUITO
ST
SAN
GATUN
AVENID
F
A
OREST
DR

SERPENTINE
ST
DR
DR
ZUNI

PRIMAVERA
WY

DIEGUITO SAN

SERPENT NI E PRIMAVERA
DR
CREST
ST
15TH
DR

PALM DR
TURF
DR
10TH ST
CREST
WY
KLISH
DR
LUNETA

ORCHID LN
MAR

HIGHLAND AV
22ND ST
25TH ST
19TH ST
SANDY
LUNETA

CAROLINA
VAN
HEATRE
CREST

CUCHARA
RIMINI
ST
HOSKA
RD
CAMINO

STRATFORD PK
CT
4TH ST

STRATFORD
CT
DEL

WESLEY WY
CT
CT
NAKER
VIEW

SEAFOREST
CT

SPIN CT

DOLPHIN
SURF
COVE
TR
RD
POINT
TORREY
V EI W

TORREY PINES
DR
HOSKA
WY

CHRISTY LN
LN
21ST ST
22ND ST
23RD ST
24TH ST
25TH ST
COAST
20TH ST

SANTA FE

V EI LUZON LN
W
SEA
AV
GRAND
AV
18TH
BLVD

OCEAN FRONT
COURT
ST
D

DELMAR LN
14TH

MAIDEN LN

MELANIE
LN

AVE OCEAN
7TH ST
8TH ST

LITTLE ORPHAN ALLEY

SHIPPEY LN

HEATHER
A
VIEW
AVE
10TH ST
9TH
6TH ST

SHERRIE LN

PARRISH LN
ST
21ST
24TH ST

OCEAN FRONT
ST
23RD
ST

MAR DEL

SAND BARR LN
BLVD

DURANTE
JIMMY

GRAND AV
BRIDGE

PENNY LN
Sea Cliff Wy
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 400 800 1,200
Feet
March 28, 2023 O
SB 9 Eligible Properties
Del Mar City Limits
SB 9 Eligible Lot
SB 9 Eligible because within Wildland Urban Interface
with at least two evacuation routes
Note: All other parcels are not eligible for SB 9 due to zoning, public health and safety, or for the protection of coastal and natural resources.

EXHIBIT C
85 June 5, 2023 Item 14
JrADU
Existing Regulations: up to 3 units

EXHIBIT D
86 June 5, 2023 Item 14
JrADU
SB 9 without Lot Split: up to 4 units
Existing single- SB 9 unit
family residence
87 June 5, 2023 Item 14
Urban Lot Split: Maximum two units on each resulting lot (ADUs not permitted with Urban Lot Split)
Unit 1 Unit 2 Unit 1 Unit 2
88 June 5, 2023 Item 14
JADU
ADU

EXISTING UNIT
ADU

EXISTING
UNIT
NEW SB9

UNIT EXISTING
UNIT

NO LOT SPLIT
One existing dwelling
unit with a JrADU, one
detached SB9 unit,
and one detached
ADU.

NO LOT SPLIT:

One SB 9 unit attached
to the existing dwelling
and one detached ADU.

URBAN LOT SPLIT:

New flag lot created with two
SB9 units. One existing
residence remains on the
second lot.

URBAN LOT SPLIT:

Two equally sized and shaped
lots. The lot on the left has
two SB 9 units. The lot on the
right retains an existing
dwelling and adds an SB 9 unit.

POSSIBLE LOT CONFIGURATIONS
NEW SB9
UNIT
NEW
SB9
UNIT
NEW
SB9
UNIT

NEW FLAG LOT
Existing SingleFamily
Residence
JrADU
SB 9 unit ADU ADU
Existing SingleFamily
Residence
SB 9 unit Existing SingleFamily
Residence
SB 9 unit SB 9 unit SB 9 unit
SB 9 unit
Existing
SingleFamily
Residence
SB 9 unit
89 June 5, 2023 Item 14
1 Jessica Evans
From: Planning Mail Box
Sent: Tuesday, April 18, 2023 3:05 PM
To: Jessica Evans
Subject: FW: support for SB9 suggestion
From: Camilla Rang <[email protected]>
Sent: Tuesday, April 18, 2023 3:04 PM
To: Planning Mail Box <[email protected]>
Subject: support for SB9 suggestion
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 Planning commission,
I read about the suggestion you will lay out to City Council in May to prohibit ADU construction on an already SB9 split lot. I think that´s brilliant and something most people (except developers) will agree with.

Citation from City site https://www.delmar.ca.us/867/Senate-Bill-9-Development "Furthermore, if the City adopts an ordinance, staff is proposing the City Council consider prohibiting ADU construction when an owner chooses to develop under SB 9 Urban Lot Split regulations." Thank you for all your hard work.

Sincerely,
Camilla Rang
159 10th Street, Del Mar, CA 92014

EXHIBIT F
90 June 5, 2023 Item 14
1 Jessica Evans
From: Ron Prater <[email protected]>
Sent: Wednesday, April 19, 2023 10:49 AM
To: Jessica Evans
Cc: Arlene Prater
Subject: SB 9 Implementation ordinance
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe.

Dear Ms. Evans,
I would like to state my support of the limitaƟons on development of lot splits under SB 9 outlined in 30.93.030 of the draŌ implemenƟng ordinance. If the goal of SB 9 is to increase affordability of housing, then the implemenƟng ordinance should strive to avoid conversion of one expensive housing unit into two expensive ones. The proposed ordinance limits the floor area of the structures developed under this bill to 800 square feet with basements unallowed and height limit of 16’. These specificaƟons will go a long way to ensuring that the housing units developed under SB 9 will actually be affordable.
-Ron Prater
442 Zuni Drive
Del Mar
91 June 5, 2023 Item 14
1 Jessica Evans
From: Warren Spieker <[email protected]>
Sent: Monday, April 24, 2023 5:02 AM
To: Jessica Evans
Subject: Red dot for SB 9 City Council topic
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.

JessicaPlease encourage our city council members to institute some guardrails around SB 9 so we do not find Del Mar with density that our infrastructure is unable to meet.

State-guaranteed ADUs may allegedly meet the needs for low-income housing or a senior family member. However, lot splits coupled with ADUs quickly will turn Del Mar’s density into multifamily housing. Del Mar’s infrastructure was not designed to meet the density associated with the ability to create a duplex or subdivide a property into multiple lots. Please do not create incentives to allow for multifamily housing in what was designed to be single-family neighborhoods. This will only incentivize home sellers, or the descendants of original home owners, to sell to multifamily developers.

Thank you.

Warren Spieker
Continuing Life LLC
1940 Levante Street
Carlsbad, CA 92009
(760) 704-6260 Work
(858) 232-9949 Cell
Where Residents & Employees Thrive
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92 June 5, 2023 Item 14
1 Matt Bator
From: Arlene Lighthall <[email protected]>
Sent: Saturday, April 29, 2023 11:39 AM
To: Jessica Evans
Subject: SB 9
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.

I urge the Design Review Board and the City Council to do all possible to maintain our Community Plan with one dwelling per R-1 lot. If possible, set standards for ADU’s for compliance with the Community Plan and to help meet our quota for low-rental housing by requiring low-rental of the additional dwelling on the R-1 property.

Arlene Lighthall
429 Luzon Ave.

Del Mar, CA 92014
(858) 755 2878
[email protected]
93 June 5, 2023 Item 14
1 Matt Bator
Subject: FW: SB9
From: deftos <[email protected]>
Sent: Monday, May 1, 2023 3:22 PM
To: Jessica Evans <[email protected]>
Subject: Re: SB9
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.

Jessica,
I have additional input into the draft ordinance. This time regarding rear and side yard setback requirements.

SB 9 states:

Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section (Gov. Code § 65852.21 (b)(1).

The referenced paragraph (2) states (in part):

A local agency may require a setback of up to four feet from the side and rear lot lines (Gov. Code § 65852.21 (b)(2)(B)(ii))
In apparent conflict with this, the Del Mar draft ordinance states:
“New dwelling unit structures must comply with the setbacks of the base zone and DMMC Section 30.86.200 (I), unless a reduced setback is needed to build a dwelling unit with a maximum gross bulk floor area of 800 square feet to reach the maximum density for the lot. Setback reductions shall not be permitted closer than four feet from interior side and rear property lines.”
This clause of the Del Mar draft ordinance conflicts with the plain text of SB 9 which only allows the City to require rear and side setbacks of “up to four feet.” The maximum rear and side setbacks a city can require is not limited to circumstances where such (smaller) setbacks are necessary to build 800 sq ft dwelling units. That limitation only applies to the objective zoning, subdivision and design standards imposed by the city. SB 9 clearly prohibits these standards from requiring greater than 4-foot rear or side setbacks (“except as provided in paragraph (2)”).

Other cities appear to have recognized that they cannot require greater than 4 foot side and rear setbacks. The Solana Beach SB 9 implementation states, “a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required for the rear and side property lines.” Some cities have given incentives for larger setbacks, such as allowing larger dwelling units when existing base zone setbacks are honored. For example, Corte Madera allows SB 9 dwellings of up to 1,200 square feet if the applicant conforms to the setbacks in the zoning. Otherwise they’re limited to 800 square feet.

Perhaps Del Mar could consider such an approach to incentivize property owners to honor the larger base zone setbacks.

Thanks for your consideration
Michael Deftos
94 June 5, 2023 Item 14
1 Matt Bator
Subject: FW: SB9
From: deftos <[email protected]>
Sent: Monday, May 1, 2023 4:24 PM
To: Matt Bator <[email protected]>
Subject: Re: SB9
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.

Thanks,
Please also include the following regarding the exemption of certain overlay zones from SB 9 development Del Mar Planning Department and Commission,
Thank you for the opportunity to provide input into the draft ordinance for implementing SB 9 in Del Mar. While the draft ordinance has many merits, I believe the City cannot categorically exempt certain overlay zones from SB 9 development, as explained below.

Sections 30.93.030 (B)(3) and 24.66.050 (I)(3) of the draft ordinance categorically exempt the following overlay zones from SB 9 development: Coastal Bluff Overlay Zone; Beach Overlay Zone; Bluff, Slope and Canyon Overlay Zone; and Lagoon Zone. Various justifications have been given by the City for this exemption: for protection of “habitat for protected species,” for protection of “coastal and natural resources,” and/or for protection of “public health and safety.” I believe the City does not have authority to categorically exempt these overlay zones from SB 9 development.

SB 9 exempts certain designated areas such as wetlands, earthquake fault zones, hazardous waste sites, agricultural land, designated historic districts and FEMA-designated flood plains. It also exempts parcels in high fire hazard severity zones unless fire hazard mitigation measures are adopted. For all other parcels, any denial of an SB 9 project must be made on a case-by-case basis. Per the Attorney General, “Any exemption from SB 9 for development requires examination of the attributes of the individual parcel. (Gov. Code §§ 65852.21 (a)(2), 66411.7 (a)(3)(C)).” [1] Such an exemption must be based on a written finding based on preponderance of the evidence that the project would have a specific, adverse impact on public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The specific, adverse impact must be based on specific, objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code §§ 65852.21(d); 66411.7(d)).

Regarding the justifications for excluding these overlay zones provided by the City:

Habitat for protected species:

The California Attorney General has stated that a developed parcel cannot be considered habitat for a protected species: “Land that is already developed with, for example a single-family home is not, by definition, habitat.” [1] Moreover, the Planning Department does not appear to have identified any species that qualifies as a “protected species” as defined by SB 9[2] for which these zones (and only these zones) serve as habitat. If such species were identified, the City would still be required to determine that an individual parcel was a habitat for this species. Per the Attorney General, “if a proposed housing development or a lot split under SB 9 is on a parcel that is indeed a habitat for 95 June 5, 2023 Item 14
2 a protected species, however unlikely that may be, a local agency can support that determination with substantial evidence.” [1] The City cannot categorically exclude certain overlay zones from SB 9 development based on an unsubstantiated claim that all of the parcels in these zones serve as habitat for protected species.

Protection of coastal and natural resources:

The text of SB 9 does not mention “protection of coastal and natural resources.” It only states that SB 9 development may not violate the Coastal Act (Gov. Code § 65852.21 (k)). Most or all parcels in the overlay zones that are proposed to be exempt from SB 9 in the draft ordinance are parcels that have already been developed. Further development of these parcels under SB 9 cannot be considered categorically to violate the Coastal Act. Even if SB 9 could be construed to allow “protection of coastal and natural resources” as a valid criterion for excluding SB 9 development, it still holds that “any exemption under SB 9 requires examination of the attributes of the individual parcel.” A determination supported by substantial evidence that a proposed project would violate the Coastal Act would have to be made on a case-by-case basis. The City cannot categorically exclude certain overlay zones from SB 9 development based on an unsubstantiated claim that any further development in any of the parcels in these zones would adversely impact coastal and natural resources or violate the Coastal Act.

Adverse impact on public health and safety or the physical environment:

SB 9 has specific instructions regarding the denial of a proposed project based on a finding that the project will have a specific, adverse impact upon “public health and safety or the physical environment.” (Gov. Code §§ 65852.21(d) and 66411.7(d)). The City must make a “written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.” Paragraph (2) of subdivision (d) of Section 65589.5 defines a “specific, adverse impact” as a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” Such a finding cannot be made for a specific parcel before a specific project is proposed. The City cannot categorically exclude certain overlay zones from SB 9 development based on an unsubstantiated claim that any further development in any of the parcels in these zones would have a specific, adverse impact upon public health and safety or the physical environment.

Summary:

Despite any merits of doing so, I believe the City cannot categorically exclude the Coastal Bluff Overlay Zone; Beach Overlay Zone; Bluff, Slope and Canyon Overlay Zone; and Lagoon Zone from SB 9 development. Instead, it must evaluate proposed SB9 projects in these zone on a case-by-case basis for compliance with SB 9 and the Coastal Act Thanks for your consideration,
Michael Deftos
[1] https://oag.ca.gov/system/files/attachments/press-docs/AG%20Letter%20to%20Woodside%20re%20SB%209.pdf [2] “identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).” (65852.21(a) and 65913.4(a)(6)(J)) 96 June 5, 2023 Item 14
1 Matt Bator
From: Rich Jamison <[email protected]>
Sent: Wednesday, May 3, 2023 3:24 PM
To: Matt Bator
Subject: Item 1 - May 9, 2023 Planning Commission Agenda Attachments: Two-Unit Residential Development.pdf; ordinance_1671.pdf 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.

May 3, 2023
To: Planning Commission, City of Del Mar
Chair Posner and Planning Commission Members:

Del Mar’s draft SB 9 ordinance could be significantly enhanced by incorporating some of the regulations included in the SB 9 ordinances of two other California cities—Santa Barbara and Laguna Beach. These regulations address important factors that are not covered in the draft Del Mar ordinance and proposed Objective Guidelines.

The following are selected regulations of the Two-Unit Residential Housing/Urban Lot Split (SB 9) ordinances for the cities of Santa Barbara (“SB”) and Laguna Beach (“LB”) that I believe should be considered for inclusion in the Del Mar SB 9 ordinance and Objective Guidelines. The recommended regulations cover a variety of relevant subjects, including affordability, compatible design, lot coverage and frontage, grading, and parking.

Affordability
SB - A unit in the Coastal Zone will be limited for sale or rent at levels affordable to low-income households.

Clearly, Santa Barbara is attempting to address the primary intent of the State policy by requiring SB 9 projects to be affordable. They also have affordability requirements for projects outside the Coastal Zone but they are not as strict. Is there any reason Del Mar can’t incorporate this requirement into its ordinance?
Compatible Design
LB - Exterior design, including materials, finishes, colors and landscape shall be compatible with existing buildings on the site (if any exist), and if two units are proposed, they shall be compatible with one another.

SB - On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware and railings.If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes.

Both Laguna Beach and Santa Barbara ordinances require design compatibility between existing and proposed buildings—for SB 9 and ADU ordinances. There are examples in Del Mar of ADU’s that are not compatible with the primary structure, which is especially problematic when ADU’s are in front of the primary structure. Why couldn’t this requirement be included in Del Mar’s ADU ordinance as well as its SB 9 ordinance?
Lot Coverage
LB - The building lot coverage limitation shall include all structures, including the main residence, any SB 9 housing development, any accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the SB 9 housing development is proposed.

SB 9 projects should not be allowed to exceed existing lot coverage requirements to the extent that such projects are incompatible with existing development in Del Mar. This seems like a desirable and reasonable restriction that Del Mar should consider.

Maximum Floor Area
SB - Total floor area may not exceed 85% of maximum FAR.

Del Mar’s draft ordinance has no FAR restriction. It would be helpful to know how many of the SB-9 eligible lots, including nonconforming R1-10 lots, would enjoy a significant FAR increase above existing zoning per the City’s proposed policy.

Setbacks
97 June 5, 2023 Item 14
2 LB - Whenever a side yard or rear yard abuts a street, a minimum setback of 10 feet shall be required on the street side yard and the setback for the zone shall apply to the rear street-side lot line.

There are examples in Del Mar of ADU’s that have been built with a four-foot setback from a public street. The proposed Del Mar ordinance preserves the underlying street-side setback in the zone but a through lot (that fronts two streets) can have a rear yard that allows a four-foot setback from a public street.These substandard setbacks really degrade neighborhood aesthetics. It is also a fair assumption that they negatively affect property values for neighbors. In Santa Barbara, all yards that front public streets are considered front yards (primary and secondary), so there are no substandard frontage setback issues, unless possibly there is no alternative location to build.

Minimum Lot Size
SB - 2 x minimum lot size per zone
Santa Barbara’s minimum lot size within the Coastal Zone is more restrictive than the minimum lot size proposed in Del Mar’s draft ordinance.

Lot Frontage
LB - The street-facing parcel of an SB 9 urban lot split shall contain a minimum of 30 feet of street frontage, with direct and compliant vehicle access to the public right-of-way. The Community Development Director may authorize shorter street frontages when adequate vehicle access to both lots is demonstrated. Both newly created SB 9 parcels shall be no less than 1,200 square feet with no zig-zag lot lines and no flag lots.

The Community Development Director may waive these lot-line standards when deemed technically necessary.

SB - No flag lots, street frontage per zone.

From any design perspective, flag lots are clearly not desirable. The attached Santa Barbara SB-9 Supplemental Application has some useful lot diagrams titled “What are my options for Urban Lot Split?” Grading
SB - No more than 250 cubic yards of grading (i.e., cut and/or fill under the building footprint and outside the building footprint to accommodate the new unit) is allowed.

In my opinion, including a grading regulation like this in Del Mar’s ordinance is essential— especially considering that all the SB-9 eligible lots are east of Camino Del Mar on the hill and will lack the usual discretionary review. Grading is relatively cheap and it is easy to imagine developers feeling empowered to propose excessive landform modification to maximize views and pad sizes (and sales prices). We should not unduly burden the staff and the DRB by making them administer aggressive Land Conservation Permit applications for SB-9 projects. Rather, we should follow Santa Barbara’s lead and limit grading to 250 cubic yards. There is a hillside ADU project in Del Mar that required more than 400 cubic yards of grading, most of which required exporting off-site (to the consternation of neighbors). The grading could have been minimized but it would have resulted in a less marketable ADU. Six Torrey Pine trees were recently removed in the vicinity so now this impactful ADU project is visible from a heavily-traveled public street.

Parking
SB - Two covered or uncovered parking spaces are required per unit to ensure public access to the beach and shoreline is preserved.

One of the biggest public objections to SB-9 projects will be parking. Santa Barbara’s ordinance deals with it by requiring two spaces per unit (in the Coastal Zone) instead of Del Mar’s requirement of one-space per unit. It would be helpful if staff could provide an estimate of how many SB-9 eligible lots will be exempted from parking requirements due to their proximity to transit.

Lastly—based on my interpretation of both the proposed Del Mar ordinance and the Santa Barbara ordinance—it appears that Santa Barbara has attempted to mitigate the impact of SB-9 on it’s entire Coastal Zone whereas Del Mar has opted to exempt only its LCP overlay and Special Hazard zones from SB 9. It would also be helpful to know why the City’s proposed ordinance only calls out the R-1 lots east of Camino Del Mar as SB 9 eligible. Whether or not this is the most equitable way to implement the SB 9 policy in Del Mar is certainly open for debate.

Thank you for considering this feedback. I am hopeful that we can approve some effective Objective Guidelines for SB 9 projects that we can also apply to ADU’s.

Sincerely,
Richard Jamison
Crest Road
Del Mar
Attachment
98 June 5, 2023 Item 14
Planning Handouts | Supplemental Application Page 1 of 15

COMMUNITY DEVELOPMENT DEPARTMENT
630 GARDEN ST. SANTA BARBARA, CA 93101
(805) 564-5578 | SantaBarbaraCA.gov

TWO-UNIT RESIDENTIAL
HOUSING (SB-9)

SUPPLEMENTAL APPLICATION

GENERAL INFORMATION
WHAT IS TWO-UNIT RESIDENTIAL HOUSING?
Effective January 2022, ordinance amendments to Santa Barbara Municipal Code Section 30.185.440, Chapter 28.80, and Chapter 27.60 will implement California Senate Bill 9 (SB-9). SB-9 allows duplexes (two-unit housing) and urban lot splits (creation of two new lots) in areas of the City that are zoned to typically allow only one unit per lot. SB-9 projects are exempt from discretionary review if the project is consistent with objective zoning, design standards, and subdivision standards.

WHERE DOES IT APPLY?
SB-9 applies in areas of the City zoned for single unit residential (RS – Residential Single Unit Zones and A, E, and R-1 in the Coastal Zone). It does NOT apply in any other zoning districts including R-2 zones, multi-unit zones, or office, commercial, and manufacturing zones.

CAN I SELL THE TWO UNITS SEPARATELY?
Yes, each of the units in a two-unit residential development may be sold separately by using an urban lot split. An urban lot split (SBMC Chapter 27.60) is an additional method to subdivide single-unit zoned lots into no more than two lots. To be approved, a parcel map for an urban lot split must be included with a Building Permit (BLD) application for two-unit residential development which will be reviewed concurrently. Building permits related to urban lot splits may not be issued until the parcel map is recorded per the Subdivision Map Act.
99 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 2 of 15 WHERE IS SB-9 PROHIBITED?
Certain properties are not able to use SB-9, as determined by both state law and the City’s municipal code, including locations with the following features:
 Within 35 feet of a creek, watercourse,
wetlands, or habitat for protected species
 Hazardous waste site, unless cleared for
residential use
 Prime farmland, or land designated for
agricultural protection or preservation
 Within delineated earthquake fault zone,
unless complies with seismic protection
building code standards
 Within a special flood hazard area or
regulatory floodway, unless complies with
floodplain management criteria
 Lands identified for conservation in
conservation plan or easement
 Foothill or Extreme Foothill High Fire
Hazard Area
 Landmark or Historic District Overlay Zone,
or on a lot with a designated City Landmark
or Structure of Merit
 Demolition or alteration of housing with
rents restricted to levels affordable to
moderate, low, or very low income
 Demolition or alteration of housing subject
to rent or price control; or housing subject
to Ellis Act provisions within 15 years
 Demolition or alteration of housing that
has been occupied by a tenant in the last
3 years
WHAT RULES APPLY IN HIGH FIRE HAZARD ZONES?
SB-9 is prohibited in the Foothill and Extreme Foothill High Fire Hazard Area as shown in the City’s Community Wildfire Protection Plan, but is allowed in the Coastal and Coastal Interior High Fire Hazard Area. However, both proposed and existing development must comply with high fire hazard standards in those areas, including no tandem parking, fire sprinklers, and smaller unit sizes.

ARE THERE ANY AFFORDABILITY REQUIREMENTS?
Yes. The City’s ordinance requires at least one of the units in each two-unit residential development, or at least one unit on any lot created pursuant to an urban lot split, to be constructed and offered for sale or for rent as a moderate, low, or very low-income unit. A unit in the Coastal Zone will be limited for sale or rent at levels affordable to low-income households. See Affordable Housing Policies & Procedures.

CAN ONE OR BOTH UNITS BE RENTED SHORT TERM?
No, state law prohibits rentals less than 30 days for two-unit residential development projects. You will be required to record a Covenant that outlines the requirements regarding the rental terms of a two-unit residential development project.

IS OWNER-OCCUPANCY REQUIRED?
No, owner-occupancy is not a requirement for two-unit residential development. However, in order to approve an urban lot split, the property owner must sign a statement indicating that the owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map. 100 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 3 of 15 CAN I DEMOLISH AN EXISTING BUILDING?
Yes, but if nonconforming it must be rebuilt in a conforming location or in the same location, dimension, and floor area as the existing building. SB-9 does not allow the demolition or alteration of the following:
• Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income • Housing that has been occupied by a tenant in the last three years DO I NEED SEPARATE UTILITY CONNECTIONS?
Yes, a new City water meter located in the public right-of-way is required for all new dwelling units created using SB-9. A two-unit development on one lot may share a single sewer lateral depending on the condition of the lateral. For urban lot split projects, a separate sewer lateral is required for each lot.

A separate Public Works permit is required for all water meter and sewer lateral installations.

CAN I HAVE BOTH AN ADU AND TWO-UNIT HOUSING ON MY LOT?
Yes, ADUs are allowed on lots developed with one or more residential units. For example, if your lot is developed with an existing house, you could add one additional dwelling unit and either one attached ADU or two detached special ADUs for a sum total of four units. Per state law, a junior accessory dwelling unit (JADU) is only allowed with a single-unit residence; therefore, a JADU may not be added if there is more than one dwelling unit on a lot. On an urban lot split, no more than two units (including ADUs) may be permitted on each lot. For more information, see the Accessory Dwelling Unit Guide.

CAN I USE SB-9 IN THE COASTAL ZONE?
Yes, but SB-9 does not overrule the California Coastal Act which means that two-unit residential projects and urban lot splits must comply with the policies of the City’s Coastal Land Use Plan. Projects proposed in the Coastal Zone may have different standards than inland projects, such as:
• Parking: Two covered or uncovered parking spaces are required per unit to ensure public access to the beach and shoreline is preserved.
• Minimum Lot Size. Urban lot splits in the Coastal Zone must involve lots at least twice the size of the minimum lot size to comply with the Coastal LUP land use designation. • Coastal Zone Review: A Coastal Development Permit is required, and you must complete the planning approval process prior to submitting a building permit application. More information is available on the Coastal Zone Review supplemental application.

HOW TO SUBMIT
All applications, including all supporting plans and documents, are accepted online via our Accela Citizen Access Portal (ACA). More information: Electronic Submittals.

WHAT TO SUBMIT
Complete the forms and provide any supporting materials described in this Supplemental Application and submit it along with a complete Building Permit (BLD) application. There may be some deferred submittals for projects that include a parcel map for an urban lot split. 101 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 4 of 15

WHAT ARE MY OPTIONS
FOR NEW UNITS?
Split The Lot
You can add a unit and subdivide into two
lots of approximately equal area :
✓ New lot must be at least 40% of the
size of the original lot
✓ Minimum lot size 1,200 sq. ft. each
Add One Unit
If you have one existing residential unit, add
one new unit that is any of the following :
✓ Attached
✓ Detached
✓ Converted Portion of House
✓ Converted Garage or Accessory Bldg.

PRIMARY

PRIMARY
Add Up to Four Units
You can subdivide into two lots and add
two units per lot (maximum four units) :
✓ Two primary units to each lot or
✓ One primary unit and one ADU
Or if you don’t subdivide, you can build two
primary units and up to two special ADUs

PRIMARY

PRIMARY
ADU
102 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 5 of 15

WHAT OBJECTIVE STANDARDS
APPLY TO SB-9 PROJECTS?
This table summarizes the objective zoning and subdivision requirements for two-unit residential housing SBMC Section 30.185.440 or Ch. 28.80 (Coastal Zone) and urban lot splits (Ch. 27.60).

REQUIREMENT TWO-UNIT HOUSING URBAN LOT SPLIT

APPLICABLE ZONES
Residential Single Unit Zones only –
RS (Inland) and A, E, and R-1 (Coastal Zone)

ALLOWED SITES
On an existing or proposed lot, and
developed with a single-unit residence
or a vacant lot. Not allowed in:
• Foothill or Extreme Foothill High Fire
Hazard Area; or
• Landmark or Historic District
Overlay Zone, or designated City
Landmark or Structure of Merit
On an existing legal lot,
limited to residential uses only, and:
• Parcel cannot be previously
established with an urban lot split
• Neither the owner, nor any person
acting in concert with the owner, may
subdivide if they split an adjacent lot
using an urban lot split
OWNER-OCCUPANCY Not Required
Owner must sign an affidavit stating
intent to occupy one of the units as
principal residence for 3 years

AFFORDABILITY
Inland – One unit for sale or for rent as
a moderate, low, or very low-income unit
Coastal – One low-income unit required
Comply with two-unit housing standards

MINIMUM LOT SIZE AND
STREET FRONTAGE No minimum lot size requirement
Inland – Lot size at least 40% of original
lot and a minimum of 1,200 square feet
Coastal – 2 x minimum lot size per zone
No flag lots; street frontage per zone
UNITS PER LOT 2 main units; plus 1 or 2 ADUs allowed 2 units total per newly created lot (includes all units: Primary, ADU, JADU)

FLOOR AREA MINIMUM
Studio unit = 220 sq. ft.

All other units = 400 sq. ft.

Comply with two-unit housing standards

FLOOR AREA MAXIMUM
Total floor area may not exceed 85% of
max FAR; each unit may not exceed:
• Lots up to 14,999 sq. ft.
− with 1-BR or studio: 850 sq. ft.
− with 2+ BR: 1,000 sq. ft.
• Lots over 15,000 sq. ft.: 1,200 sq. ft.
• High Fire Hazard Areas: 800 sq. ft.
• If attached, < 50% of existing area
Comply with two-unit housing standards
103 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 6 of 15

REQUIREMENT TWO-UNIT HOUSING URBAN LOT SPLIT

BUILDING SEPARATION
• Main Buildings = 10 feet
• Accessory Buildings = 5 feet
Comply with two-unit housing standards

HEIGHT MAXIMUM
Must meet Solar Access Height and not
exceed the following:
• Height of an existing unit; or
• 25 feet and maximum 2 stories
outside High Fire Hazard Area; or
• 16 feet and maximum 1 story in the
High Fire Hazard Area; and
• Plate heights on any new second
story 8 feet maximum
Comply with two-unit housing standards
OPEN YARD As required for two-unit development per
the Zoning Ordinance Comply with two-unit housing standards

SETBACKS
Comply with applicable setbacks in the
zone, except:
• Interior setbacks may be reduced to
4 feet for 1 story buildings and
portions under 17 feet in height
• No setback required to convert or
substantially redevelop an existing
structure to two-unit housing
Comply with two-unit housing standards

PARKING
One on-site space required (covered or
uncovered) for each unit, unless:
• Within 1/2 mile of high-quality transit
corridor or major transit stop
• Car share vehicle within one block
Coastal Zone: Two spaces per unit
Bicycle: If no access to a garage, one
long-term bicycle space required per unit
Comply with two-unit housing standards

VEHICULAR ACCESS
If automobile parking is provided, a
paved driveway is required as follows:
• Shared driveway allowed up to 2 lots
• More than one driveway prohibited
on lots < 100 feet of street frontage
• 3 foot landscape buffer required
Access to a public street is required.

Driveway easement allowed up to 2 lots:
• Width 1-2 Units: 10 feet to 16 feet
• Width 3-4 Units: 20 feet minimum
• Length: 20 feet minimum
• Not allowed 25 feet to intersection

PEDESTRIAN ACCESS
Paved pedestrian walkway is required:
• Width 1-2 Units: 3 feet minimum
• Width 3-4 Units: 5 feet minimum
• Length: 200 feet maximum
If no automobile parking is provided,
access may be a pedestrian easement:
• Width: 5 feet minimum
• Length: 200 feet maximum
104 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 7 of 15

WHAT ARE MY OPTIONS FOR
URBAN LOT SPLIT?
Urban Lot Split – Example Configurations
Figure A – Lot Access
Figure B – One or Two Units Figure C – Three or More Units Existing Lot
Outside of
Subdivision New Lot
Existing Lot
Outside of
Subdivision
Street
New Lot
Access and utility easements must serve lots
without direct access to a street or alley
Street
3' 10' 5' 42'
75' 75'
Street
3' 20' 5' 32'
60' 90'
LOT 1
LOT 2
ADU
LOT 1
LOT 2
Garage
105 June 5, 2023 Item 14
Two-Unit Residential Housing
Planning Handouts | Supplemental Application Page 8 of 15 Figure D – Direct Access Figure E – Pedestrian Access Only Figure F – Corner Lot
Street
3' 10' 5' 42'
75' 75'
Alley
LOT 1
LOT 2
Street
3’ 5' 31' 5' 10' 3’
150'
LOT 1
LOT 2
Street
60'
Street
90' 60'
LOT 1 LOT 2
Garage
Garage
Garage
Garage
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SUBMITTAL INFORMATION
FEES
Payment of fees is required for all applications prior to application review or processing.

Fees
Payment via check, electronic check, or credit card is required before project review or processing. Once the application is submitted, City staff will follow up electronically with an invoice for the total fee amount. Fees may be paid online, mailed, faxed, or dropped off at 630 Garden Street for processing. If paying by mail or fax, a Fee Payment Submittal Sheet is required. For more information, see How to Pay Invoiced Fees.

PHOTOGRAPHS
Photographs are required for all applications.

Photographs
Submit current color photographs of the site as viewed from the street and provide a photo of the front and each exterior elevation of all buildings on the property.

PLANS
Plans are required for all applications.

Project Plans
See the Project Plan Submittal Requirements for the required contents of plan submittals.

Landscape Plan
Complete landscape and irrigation plans are required. See the Landscape Plan Submittal Guide. Show 35-foot buffer to creek, watercourse, wetlands, or habitat for protected species.

Supporting Details
Submit any additional supporting information (color details, manufacturer specification sheets, etc.) necessary to show matching design style. Additional guidance on architectural styles is here: Single Family Residence Design Guidelines and Historic Resource Design Guidelines.

URBAN LOT SPLIT
The following additional information is required for any project that proposes an urban lot split.

Preliminary Title Report
Submit a recent (within 3 months of submittal date) Preliminary Title Report. Your title officer will need to provide a Subdivision Guarantee to the County Recorder just prior to recording the parcel map.
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Planning Handouts | Supplemental Application Page 10 of 15 County Tax Collector Memo
Deferred Submittal. Submit a memo from the County Tax Collector’s Office indicating that property taxes have been paid for the current year and for the next fiscal year. You may elect to defer this submittal until prior to the parcel map records and the Building Permit is issued.

LLC Statement of Information
If the property is owned by a Limited Liability Company (LLC), submit a copy of the California Statement of Information to verify company and managers required to sign the parcel map.

Closure Calculations
A licensed land surveyor must prepare calculations for each individual lot, and details of City’s Control Survey Network points in relationship to the subdivision with measured connections.

Parcel Map
A licensed land surveyor must submit a parcel map per SBMC Chapter 27.09. Surveyor must request a new parcel map number from the City’s database.

Parcel map dimensions must be 18" x 26"
and to scale not less than 1:100 and show:
• Title Sheet with the relevant wording
from the County Standard Statements
and Certificates including that the
subdivision was approved as an Urban
Lot Split per SBMC Chapter 27.60
• Total area (acreage and square feet) of
each proposed lot
• Bearing and distance of existing and
proposed property lines
• Zoning District
• Location of any existing and proposed
easements for access or public utilities to
serve a lot created by the subdivision
• Name and dimensions, including right-ofway and improved area, of public and private streets or public alleys adjoining
the parcel
• Location of existing or proposed
pedestrian pathway access to the public
right of way
Submit an additional parcel map sheet pursuant to
Subdivision Map Act Section 66434.2 showing:
• Location and use of all existing and proposed
buildings and structures
• Zoning setbacks for existing and proposed lots
• Location of all existing water, sewer, electricity,
storm drain, or gas service lines, pipes, systems
• Location of any existing trees larger than 4" in
diameter measured at 4'-6" above the base and
any such trees proposed for removal
• Area of the parcel that has a slope of 25% or
greater by way of contours at 5-foot intervals
• Area of the parcel that is a watercourse as defined
in SBMC Section 14.04.020
• Curb, gutter, sidewalk, parkway, and street trees:
type, location, and dimensions
• Location of existing/proposed driveway
dimensions, materials, and slope and cross slope
• If in the Coastal Zone, location of Coastal Bluff
Edge and Coastal Bluff Edge Development Buffer
as referenced in the Local Coastal Land Use Plan
Mylars and Recorded Agreements
Deferred Submittal. After staff approves the parcel map, the surveyor will be notified to plot mylars for signature. Submit mylar sheets and originals of all recorded agreements executed by the property owners.
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DESIGN STANDARDS CHECKLIST
Applicants must complete and submit this Design Standards Checklist to demonstrate the project’s consistency with the Architectural Design Criteria. Note sheet number where items are found on plans.

A. ARCHITECTURAL DESIGN CRITERIA Comply N/A Sheet #

1. Shiny Roofing and Siding. There are no shiny, mirror-like, or of a glossy metallic finish roofing or siding materials proposed. ________

2. Roof Tile. If a clay tile roof is proposed, it is two-piece terra cotta (Mission “C-tile”); or S-tile is only proposed in order to match existing unit S-tile. ________

3. Skylights. There are no “bubble” or dome skylights proposed; skylights have either flat glass panels, or no skylights are proposed. ________

4. Glass Guardrails. There are no glass guardrails proposed; or glass guardrails are proposed in order to match existing glass guardrails. ________

5. Garage Conversion. The existing garage door opening is being replaced with siding, or residential windows and doors, to match the existing garage walls and detailing; or no garage conversion is proposed. ________

6. Grading. There is no more than 250 cubic yards of grading (cut or fill under the building footprint and outside the main building footprint). ________

7. Height. At least one of the following applies (check one): ________ a. The proposed unit does not exceed height of the existing unit; or b. The proposed unit is not in a High Fire Hazard Area and is a maximum of 25 feet in height and two stories, or
c. The proposed unit is in a High Fire Hazard Area and is a maximum of 16 feet in height and one story, and
d. If a 2nd story is proposed, the plate height is a maximum of 8 feet.

8. Landings, Decks, and Balconies. At least one of the following applies if the proposed project is either two stories in height or 17 feet or taller: ________ a. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft., that face or overlook the adjoining property, are not proposed; or
b. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft., that face or overlook the adjoining property, are located a minimum of 15-feet from all interior lot lines; or c. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft. are less than 15-feet from the interior lot lines; and:

They do not face or overlook the adjoining property, and 109 June 5, 2023 Item 14
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Planning Handouts | Supplemental Application Page 12 of 15 A. ARCHITECTURAL DESIGN CRITERIA Comply N/A Sheet #
An architectural screening element with 5-foot minimum
height is proposed.

9. Upper-Story Windows. At least one of the following applies if the proposed project is either two stories in height or 17 feet or taller: ________ a. Upper-story windows that face or overlook the adjoining property are not proposed within 15 feet of the interior lot lines; or b. Upper-story windows that face or overlook the adjoining property and are located within 15 feet of the interior lot lines, are installed a minimum of 42-inches above finish floor.

10. Design Style. At least one of the following applies: ________ a. On a site already developed with an existing unit, the new unit is designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. b. Two new units are proposed, and the units are constructed using the same architectural style, exterior building materials, colors, and finishes.

11. Historic Resources Inventory. If any buildings are listed in the Historic Resources Inventory, the proposal would not cause a substantial adverse change in the significance of any historic resource. If applicable, please contact the City’s Architectural Historian for a historic resource evaluation prior to applying for this determination.
________
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RECORDED COVENANT FORM
STAFF USE ONLY:

Accessory Dwelling Unit (ADU):

Junior Accessory Dwelling Unit (JADU):

Two-Unit Residential (SB-9):

Form 1 (ADU owner-occupancy) Form 4 (SB-9 Rental)
Form 2 (ADU no owner-occupancy) Form 5 (SB-9 Owner)
Form 3 (JADU owner-occupancy) Form 6 (SB-9 Coastal)
Remove Existing Owner-Occupancy Covenant:

Remove Existing Zoning Compliance Declaration:

Inst. # Date Recorded:

RECORD & PROPERTY INFORMATION
Today’s Date: BLD RECORD # :

Project Address: APN:

APPLICANT COMPLETE & SIGN:

CONTACT PERSON (Name of person to contact about the Covenant) Name: Company:

Address: ZIP:

Email: Phone:

LLC AUTHORIZED SIGNER (If applicable, name of LLC member authorized to sign legal agreements) N/A Name: Title:

Email: Phone:

OWNER’S NAMES (List ALL property owner’s names as they appear on Title) Name: Name:

Name: Name:

UNIT INFORMATION
Number of Bedrooms in New Unit: Number of Anticipated Occupants:

Anticipated Monthly Rental Rate: $ Intended to be free to family or caregiver? Yes No Signature: Date:
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COVENANT INSTRUCTIONS

1. New Applications. After the initial building permit submittal, applicant shall submit this Recorded Covenant Form. This will begin the Recorded Covenant process. On new applications, expect to receive the Covenant document in two to three weeks after submitting this form.

2. Release of Existing Covenant. To release an existing Owner-Occupancy Covenant, a new Covenant must be prepared, executed, and recorded, along with processing fees and recording costs. Due to limited staff resources, we will process requests in the order received but it could take several months to complete the process.

3. Receiving the Document. After you submit this completed form, City staff will prepare the Covenant document for the owner to sign and will email it to the contact person listed on this form.

Please print it single-sided, sign, and notarize the document.

4. Return the Executed Document. Mail the original executed Covenant to the Planning Division via USPS to the following address:

Community Development Department
Attn: Covenant Processing
P.O. Box 1990
Santa Barbara, CA 93102-1990
Once the document is received, staff will acquire remaining city signatures and record the final document at the County recording office. The city will email you a copy of the final Covenant. The building permit cannot be issued until the final Covenant is recorded.

5. Avoid common notary certificate mistakes. Minor errors on a notary certificate can lead to major headaches later — including rejection of the documents by the County recording office. Do not scan, fax, photograph, or otherwise alter, add, or amend any portion of the document. The original hardcopy with WET signatures must be provided back to the city. Be sure to include The California All Purpose Acknowledgment Form for the owner signature. The names on the acknowledgment page must match EXACTLY how the names appear on the Covenant or it will be rejected by the County recording office.

Your name
should
match
exactly!
112 June 5, 2023 Item 14
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Planning Handouts | Supplemental Application Page 15 of 15 PROPERTY OWNER’S AFFIDAVIT
Under penalty of perjury the following declarations are made:
a. The undersigned is the owner of this property.
b. The information presented is true and correct to the best of my knowledge. c. Public Record. I understand that any information provided becomes part of the public record and can be made available to the public for review and posted to the city website. d. Posted Sign. Within five calendar days after submitting an initial building permit application to the City, I agree to obtain and install a posted sign on the property. The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn. e. Protected Housing. I certify that the project does not include the demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from 27 rent or lease within 15 years before the date that the development proponent submits an application; (iv) Housing that has been occupied by a tenant in the last three years. f. No Prior Urban Lot Split. If an urban lot split is proposed, I certify that the parcel has not been established through prior exercise of an urban lot split; and that neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split.
g. Owner-Occupancy. If an urban lot split is proposed, I, the property owner intend to occupy one of the housing units located on a lot created by the parcel map as my principal residence for a minimum of three years from the date of the recording of the parcel map. h. Rental Terms. I understand that rental terms of any unit created by the project shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. i. Residential Uses. I understand uses allowed on a lot are limited to residential uses only.

PROPERTY OWNER:

Owner’s Signature Date
Owner’s Name (printed)
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1 Jennifer Gavin
From: deftos <[email protected]>
Sent: Thursday, May 4, 2023 9:19 PM
To: Planning Mail Box
Subject: Red Dot Item 1 for May 9th Planning Commission Meeting Attachments: Turner Center State Law, Local Interpretation.pdf; Turner Center SB 9 Implementing Ordinances Table.pdf
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.

Planning Department,
Please include the two attached documents as a red dot for the May 9 Planning Commission meeting.

Links to them are provided below if non-highlighted versions are preferred. https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ https://ternercenter.berkeley.edu/wp-content/uploads/2022/06/SB-9-Implementing-Ordinances-TableFINAL.pdf Thanks,
Michael Deftos
123 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 1/15 State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9
Introduction
Last year, Governor Gavin Newsom signed the California Housing Opportunity and More Efficiency (“HOME”) Act, otherwise known as Senate Bill 9, which was introduced by the Senate President pro Tempore Toni Atkins. This new law enables homeowners to split their single-family residential lot into two separate lots with each able to hold up to two homes. If utilized to its full potential, this law allows owners to create up to four units of housing on what was previously only a single-family home. The legislation represents a potentially sweeping change in a state that has historically held vast amounts of land for single-family only uses. However, recent media coverage has shown that localities may be taking advantage of the bill’s broad language to implement the HOME Act in ways that would limit the number of new homes built. A recent, extreme—and ultimately unsuccessful—example came from the city of Woodside, where council members proposed establishing the town as a mountain lion sanctuary to claim that the HOME Act did not apply to their community. The Attorney General pushed back, declaring that such a policy would not exempt the city from state housing law. Other localities have implemented less obvious—and likely more legally defensible—restrictions that may stymie meaningful new homebuilding as a result of the new law.
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5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 2/15 A 2021 Terner Center analysis estimated that the HOME Act could enable the creation of 700,000 new market-feasible homes throughout the state (Figure 1).

As the report emphasized, however, this number is contingent on property owner interest and construction costs as well as contingent local factors such as adequate contractor capacity and availability of appropriate mortgage products.

Central to these dimensions is the degree of support from local jurisdictions: the ways that localities implement this law will have a significant impact on new homebuilding enabled by SB 9. As designed, SB 9 allows jurisdictions to implement the law using their own objective design standards and limitations and allows for the imposition of additional restrictions outside of a broad baseline of requirements as laid out in the bill. These loose conditions have created a massive statewide laboratory of sorts, with over 500 local jurisdictions that each have an opportunity to implement the HOME Act in their own unique ways. In the cities we examined, no two ordinances were alike. In addition, homeowner associations are allowed to ban SB 9 lot splits—a practice outlawed for statewide ADU standards—thereby allowing some organizations at the most local level to further limit unit feasibility.

Figure 1. Senate Bill 9 Parcel Development Funnel (Total Numbers) from 2021 Terner Analysis
125 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 3/15 Source: 2021 Terner Center report on the potential impact of SB 9 on new housing supply by modeling the financial feasibility of new home construction.

The following analysis looks at how cities are implementing SB 9 differently and explores how these regulations might facilitate new home construction or hinder it. To better understand how each city’s specific requirements might impact SB 9 uptake, we examine 10 cities with SB 9 implementing ordinances. The cities were selected based on size and geography to reflect different types of communities. A majority of cities in the Central Valley and Inland Empire have not adopted SB 9 ordinances at this time and, therefore, are not included in our analysis.

This analysis presents an opportunity to assess the different implementation strategies of different cities and to analyze how future state-mandated land use rules might be adopted locally. It is not intended to be a ranking, but rather an examination of how major statewide land use laws may be adopted later by local jurisdictions.

Background: State Law, Local Interpretation
SB 9 sets a baseline standard that all localities must follow with regard to the law’s implementation. The bill locks in certain standards, such as minimum building structure size allowed (800 sq. ft.) and lot size requirements (in a lot split, each new lot must be at least 1,200 sq. ft. in size or 40 percent of the existing lot size). Local jurisdictions cannot pass standards that exceed a 4 ft. maximum rear and side setback, which is the minimum distance between the edge of a property and the structure. For parking, localities may require one parking space per unit unless the lot is within 0.5 miles of a high-quality transit corridor, a major transit stop, or within one block of a car share vehicle. The law does not apply to homes in historic and landmark districts, very high fire hazard zones , flood zones, prime farmland, and environmentally-protected areas. The HOME Act also requires that the local review process for a SB 9 lot splits must move from discretionary review (i.e., subjective, case-by-case) to ministerial approval (i.e., objective, consistent application).

Outside of these requirements, local jurisdictions generally have significant discretion on the additional regulations that they can impose on SB 9 projects.

While SB 9 does state that local requirements may not “physically preclude” the development of a duplex, in practice, localities could pass objective design 1 126 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 4/15 standards, affordability requirements, or use of land requirements that would result in projects which are technically eligible under the law but are rendered economically infeasible by the requirements.

Click the link here to download the full table comparing SB 9 implementing ordinances in our 10 selected cities.

Unit Design Requirements
We found wide variation in the allowable size and height of SB 9 units. Carlsbad does not have a height limit or maximum unit size listed. San José and San Diego have lenient height maximums of up to 30 ft. without a maximum unit size requirement. These limits track with general trends for single-family homes across the state: the median height limit for single-family homes that we observed in our California Residential Land Use Survey is 30 ft., whereas the median height for multifamily is 35 ft. On the other hand, Beverly Hills and Walnut Creek have a height restriction of 14 ft. Six out of ten cities in our analysis implemented height requirements under 20 ft. Moreover, many of these cities have made the maximum size for new units close to the minimum size required by the state law—800 sq. ft. Such requirements will almost certainly limit the number of lots that will be effectively eligible for new building under SB

9. In addition to size and height, jurisdictions are also implementing other design requirements. For example, Temple City requires a Spanish colonial design and specifies the exact size and materials needed for the building. Dictating specific 127 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 5/15 allowable exterior materials and architectural designs can increase the cost for new units. It can also limit the use of more affordable construction methods like modular and prefabricated housing units.

Affordability Requirements
We found some cities have imposed affordability requirements that are likely to limit uptake of SB 9. In our analysis, the cities of Sonoma, Los Altos Hills, Temple City, and Beverly Hills require deed-restricted affordable housing for HOME Act projects. Additionally, two localities require deed-restricted affordable housing while also requiring affordable impact fees on these same projects. For example, Sonoma has an impact fee for SB 9 projects while also requiring that one of the units be affordable. Localities usually exempt affordable housing impact fees on affordable projects to help facilitate and reduce the cost of their construction.

Such requirements can be well-intended, but deed-restricted affordable housing requirements may make it challenging—or impossible—for projects to financially pencil without subsidies or offsets. As we have explained in previous work, underlying market conditions such as construction costs and rents play the largest role in determining project feasibility. Requiring affordability in certain projects without commensurate cost offsets can render development infeasible.

These same principles apply to smaller developments like SB 9 lot splits, where the limited revenue and financing options created by mandatory deedrestrictions can severely limit where SB 9 projects can pencil out. Moreover, deed restrictions require technical expertise to navigate the regulatory requirements of affordable housing, creating another barrier to homeowner uptake.

Use of Land Requirements
We also found that four out of ten cities in our sample require significant easements—a legal right for a person or entity to access a property owned by someone else for a limited and specific purpose—or other land uses that may significantly limit the uptake of SB 9 by spatially constraining what can be built.

One example of an additional land use constraint is the addition of setbacks that go beyond the requirements set by state law. Requirements at the state level 128 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 6/15 mean that SB 9 lot splits must have a maximum of 4 ft. setbacks at the rear and side of new properties, as illustrated in Figure 2. Though there is no state requirement on front setbacks, some cities have implemented larger front setbacks. For example, Los Altos Hills requires a 40 ft. front setback, which greatly limits parcel eligibility. High front setback requirements can be difficult to meet for SB 9 projects, particularly for smaller lots. As a point of reference, the median front setback according to our statewide survey is 20 ft. for singlefamily homes.

Figure 2. Side and Rear Setback of 4’, the Maximum Allowed Under SB 9
Source: Image courtesy of United Dwelling.

Limitations on the ability of homeowners to create a flag lot where a narrow driveway is placed on the side of two properties to allow an easement—or pedestrian or vehicular access—to the back property from the street are another set of practices that may reduce SB 9 uptake. When properties can be split in a way that results in one unit in the front and one in the back, a common and easy practice is to create a flag lot through the two properties, which allows the property owner to adhere to the easement and maximize the size of each lot.

However, some local requirements have banned flag lots or have required sizable easements that can be difficult to adhere to depending on the size and shape of the lot (illustrated below in Figure 3). Geometrically, requiring a sizable easement while banning a flag lot means the size of a property needed to adhere to these restrictions is quite substantial. Easements larger than necessary for a vehicle to drive in can also prevent development by making smaller lots 129 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 7/15 infeasible to build on. For example, San José’s easement requirement of 12 ft. disqualifies parcels across the city from SB 9 compliance. By contrast, other cities either have large easement standards or do not have a stated policy in their SB 9 ordinance. Some cities, such as Sonoma and Beverly Hills, have banned flag lots altogether.

Figure 3. Flag Lot Created by Easement
Note: Infographic illustrates how a flag lot is created through an easement, with the arrow pointing to the created easement. Source: Image courtesy of United Dwelling
Parking requirements are another area where local ordinances vary greatly. For example, car-dependent Temple City has both eliminated off-street parking and restricted on-street overnight parking passes for residents of SB 9 units.

Applicants are required to have their driveways removed and the curb-cuts removed and repaired. For SB 9 constructions, Los Altos Hills requires one uncovered parking space located a minimum of 40 ft. from the front parcel line and 30 ft. from the side and rear parcel lines. Such parking requirements can discourage development.

Open Space Requirements
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5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 8/15 Five out of ten cities included in our analysis, including Sonoma and Temple City, require open spaces or courtyards between SB 9 units. Temple City requires a courtyard of 125 sq. ft. or 25 percent of parcel space (whichever is less) between the SB 9 structures. Sonoma requires a 600 sq. ft. area per unit to not be occupied by structures, parking, or driveways and to be shared by both units.

Additionally, landscaping requirements, such as those mandating mature trees and large hedges, add to development costs, leading to potentially fewer SB 9 units being financially feasible if they are built at all. Los Altos Hills, Temple City, Goleta, and Sonoma all have specific landscaping requirements. Sonoma requires at least three mature trees and ten shrubs to be planted. Los Altos Hills requires a hedge—sized at 15-gallon minimums and placed at 5 ft. intervals—to surround the property. Goleta’s ordinance asks for at least one 15-gallon size plant for every 5 linear ft. of the exterior walls or a 24-inch box plant for every 10 linear ft. In contrast, San Diego and Walnut Creek require a landscape design that adheres to its standards for single-family homes, requiring no additional requirements for SB 9 properties.

In summary, we found that among the ten cities, seven of them require objective design standards for SB 9 splits that have stricter requirements than for singlefamily homes or Accessory Dwelling Units. SB 9 requires that local agencies modify or eliminate local standards on a project-by-project basis if objective standards would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 sq. ft. in size. Local objective design ordinances, which can be hard to adhere to and which can make it more challenging to build, can create a legal loophole that moves away from the intended ministerial approval and reverts the process of splitting a lot to a project-to-project local review standard.

Policy Recommendations
Challenges in state land use laws are not unique to SB 9. When the state first legalized ADUs statewide, unit design requirements, affordability requirements, and use of land requirements hindered their production for years. In California’s 2019 ADU legislative package, the state standardized development fees, permit timelines, unit sizes, and height to create a lasting effect on the housing market.

A recent Terner Center survey on newly-constructed ADUs found that most units were available to those making less than 80 percent of the area median income (AMI). However, the overall affordability varies significantly by county. By implementing, in some cases, stricter or more expensive SB 9 standards than 131 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 9/15 would otherwise be required for ADUs, localities may be functionally precluding more housing that is affordable to people hoping to move into the area.

Currently, the California Department of Housing and Community Development (HCD) plans to send letters to 30 local jurisdictions requesting a plan to become more compliant with the intent of SB 9. The Attorney General has threatened to sue localities that outright oppose the new law, most notably in response to the ordinances adopted by Woodside and Pasadena. These actions will likely help shift local policies. Our analysis suggests, however, that the law may need to be expanded upon in a manner similar to ADU laws.

While this analysis has demonstrated some of the challenges of making impactful changes to state housing laws, there are tools and policy changes at both the local and state levels that can help to ensure that SB 9 achieves its goals.

With limited budgets and competing priorities, local governments may understandably be struggling to develop an implementing ordinance for a housing law that only became effective in January of this year. Localities have the option to adopt state law as-is without the pressure of implementing a local ordinance. For localities that want to ensure that SB 9 is able to achieve its full potential in catalyzing new housing in single-family neighborhoods, local jurisdictions and the state should take steps to properly implement with the intention of the law and to ensure that SB 9 developments will happen. HCD has released a technical assistance fact sheet to assist local governments with HOME Act implementation. The Association of Bay Area Governments provides local jurisdictions with SB 9 templates such as draft staff reports, PowerPoint presentations, overview graphics, architectural drawings, and ‘missing middle’ housing workshops.

Localities and the state should work to implement the following best practices to help increase parcel eligibility, coordinate municipal services, and help empower homeowners to utilize the full extent of the law, enabling SB 9 to more widely catalyze new housing.

1. Localities should provide residents with access to eligible parcel information, easy-to-read checklists, and clear information on project timelines, which would greatly assist homeowners in building a new unit or splitting a lot under HOME Act.

2. The state should begin to track SB 9 developments statewide through a system like the Annual Progress Report and introduce bill language to clarify local SB 9 implementation, similar to what has been done to ADU development. 132 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 10/15

3. Local jurisdictions may wish to empower homeowners and small developers by adopting best practices from ADUs and SB 9 adoption ordinance, including such successful policies and programs such as San José’s pre-approved housing designs and same-day permitting approvals.

4. Local jurisdictions could also explore directly financing some SB 9 projects to focus on affordability, as the city of Pasadena has done through their ADU construction loan program. Oakland’s nonprofit-driven Keys to Equity program provides a model for assisting low- to moderate-income homeowners with ADU construction as well.

Localities have the ability to ease the housing shortage and create more construction jobs by leaning into new land use laws, developing more community builders, and incubating nonprofit and for-profit small builder startups.

While this analysis is specific to California, it also offers instructive lessons for other states and communities around the country that are working to open up single-family–zoned communities to more housing types. It also highlights the challenges the Biden administration will face as it works to encourage communities around the country to relax exclusionary land use and zoning requirements through preferential scoring in economic and transportation funding programs as well as proposed planning grants.

The extent to which SB 9 will impact housing production across the state is dependent on its effective implementation by local governments. By mandating requirements that hinder the feasibility of housing construction, localities may upend the law’s intended ministerial review and force a reversion to a projectby-project one. Fortunately, state and regional governments are assisting localities with resources for implementation and holding localities accountable for not administering the HOME Act. Local governments should rely on these resources and best practices to ensure that the housing production potential of the law is realized.

Acknowledgments
We would like to express our sincerest thanks to everyone who contributed to and reviewed this analysis. We are grateful to the San Francisco Foundation for their support on Terner Center’s HOME Act local implementation work. 133 June 5, 2023 Item 14
5/3/23, 8:52 PM State Law, Local Interpretation: How Cities Are Implementing Senate Bill 9 - Terner Center https://ternercenter.berkeley.edu/research-and-policy/state-law-local-interpretation-senate-bill-9/ 11/15 This research does not represent the institutional views of UC Berkeley or of Terner Center’s funders. Funders do not determine research findings or recommendations in Terner Center’s research and policy reports.

Footnotes

1. There are exceptions to when SB 9 would apply to high fire zones, such as when units are built to higher development standards or local jurisdictions independently decide to allow SB 9 projects in these areas. 134 June 5, 2023 Item 14
Maximum Unit Size
(sq. ft.) Design Requirements Side and Rear Setbacks Parking Development Impact Fees State SB 9
Standards Local discretion Local discretion 4’ maximum 1 parking unit except for 1/2 mile near major public transit or car share. Local discretion San Diego Not listed, assume no maximum Not listed
4’ for multi-story buildings adjacent to
residential. 0’ for multistory buildings
adjacent to non-residential
and all single-story buildings.
1 parking unit except for near “transit
priorty area” or car share.

First 2 units are exempt.
3rd and 4th units pay
scale development impact fees.

San José Not listed, assume no maximum Not listed 4’ maximum State standard N/A Martinez 850 sq. ft.

Must use similar exterior materials and
design of a primary dwelling, including
color tones, window types, door and window
trims, roofing materials, and roof pitch.
4’ maximum State standard N/A
Carlsbad Not listed, assume no maximum
A new structure may be constructed in the
same location and to the same dimensions as an existing structure, despite city setback requirements, provided the new
structures meet building code safety standards and are sufficient to allow separate conveyance. The city shall waive the objective design standards if the applicant can show that the standards physically preclude
the construction of either of the two units
from being at least 800 sq. ft. in floor area.
4’ minimum/maximum State standard N/A
Sonoma
Must be the maximum floor area ratio
of the base zoning or 1600 sq. ft.
for both units.

Design standards for lot lines, parcel
design, map requirements, and utilities and
sewage. No new ADUs or JADUs
on the lots. More requirements on
linked source document.
4’ maximum,
unless double frontage
1 parking unit except for 1/2 mile near
major public transit or car share. No
tandem parking.

Yes
Walnut Creek 800 sq. ft.,
not including garage or carport
A 5-ft. minimum sill height for secondstory windows located within 10 ft. of a side or rear property line, an architecturally
compatible design for garage conversions,
and that the two dwelling units on the same
lot share the same architectural features.
4’ maximum State standard N/A
Goleta 800 sq. ft. Step back requirement for 2 story buildings on small lots. No septic tanks. 4’ maximum State standard N/A Beverly Hills 800 sq. ft. Not listed 4’ maximum State standard, but not within a front setback. N/A
Temple City 800 sq. ft.

No vaulted ceilings allowed. New construction must match architectural style of main dwelling including but not limited to roof
pitch, window size, proportion of window
to wall, direction window opening, exterior
building materials, and real stone. Must be
Spanish Colonial Revival style of
architecture and must also conform to
additional requirements in the ordinance.
4’ maximum
Prohibits residents of SB 9 lot splits
from parking on-site or overnight on
city streets. Prior to issuance of building
permit, applicant must obtain
encroachment permit to remove
existing driveway. Driveway must be
removed before building permits or
certificate of occupancy can be approved.

Conducting yearlong study
Los Altos
Hills 800 sq. ft. 30-ft. side and rear yard setbacks with a maximum floor area up to 1,600 sq. ft. 4’ maximum 1 uncovered parking space, located a
minimum of 40 ft. from the front parcel
line and 30 ft. from the side and
rear parcel lines
Subject to all fees
Terner Center Sample of Local SB 9 Implementing Requirements 135 June 5, 2023 Item 14
Affordability Requirement Landscape/ Exterior Requirements Height Standards/ Front Setbacks Easements Other State SB 9
Standards Local discretion Local discretion Local discretion Local discretion Local discretion San Diego No
1 tree for every 5,000 sq. ft. of lot area. Compliance with street tree regulations if more than 2 units
are constructed. Similar to 1 tree per
every 30 ft. facing the street.

Height limit of 30 ft.
and front setback of 15 ft. N/A N/A
San José No No
30 ft. maximum height (2 stories),
unless within 20 ft. of the rearmost
property then maximum of 20 ft.

Split of 30 ft. between 2 lots,
12 ft. minimum for one side N/A
Martinez No No Height limit of 16 ft. N/A N/A
Carlsbad No No more than 2 new parcels of
approximately equal lot size can be created. N/A
Each lot shall provide access (frontage
or access easement) to the public
right-of-way per city standards, which
is a minimum of 20 ft. in width.

Must have different owners for lot split.

Standards in coastal zone must be
approved by commission.

Sonoma
Yes,
under 80 percent AMI for renters
and under 120 percent AMI
for homeowners.

Street trees must be planted in city’s right-of-way,
and each parcel must have at least 3 mature trees and
10 shrubs. No flag lots and 600 sq. ft. area per unit must not be occupied by structures, parking, or driveways
to be shared by both units.

Height limit of 18 ft.,
but exception up to 25 ft. (requiring
planning director approval) possible if
the height limit precludes
SB 9 unit construction.

Easement of 12–16 ft., car access
easement of minimum 20 ft. and
parking is required for lot split.

N/A
Walnut Creek No
The removal, or construction within the dripline, of a
highly protected tree is prohibited. This regulation is a more lenient one than for single-family homes, where
homeowners or residents cannot remove any tree.

Height limit of 16 ft.,
unless such a limit would physically
preclude the SB 9 units from being
at least 800 sq. ft. in floor area.

N/A N/A
Goleta No
No window or door of a principal dwelling that is
constructed on the lot may have a direct line of sight to— or be within 10 ft. of—an adjoining residential property without screening. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct
line. At least one 15-gallon size plant shall be provided for every 5 linear ft. of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every
10 linear ft. of exterior wall.

Height limits:

Lots > 2,000 sq. ft.: 16 ft.

Lots < 2,000 sq. ft.: 25 ft.

The owner must enter into
an easement agreement with each
public-service provider, as needed, to
establish easements that are sufficient
for the provision of public services and
facilities to each of the resulting lots.

On-site wastewater treatment systems
are not allowed.

Must be owned by natural persons
or living trusts, no common interest
developments.

Beverly Hills
Yes,
unit should be rented
at maximum rate
for someone earning
80 percent AMI.

No flag lots. Any unit other than the frontmost unit
shall be completely screened by either other unit(s) on the lot or landscaping. The two resulting lots shall be approximately equal, and in no event less than 48 percent and more than 52 percent of the lot area of the original parcel. No right-of-way dedications shall be imposed
upon urban lot split projects.

Height limit of 14 ft.,
separate entrances, and
front setback of 10 ft.

N/A N/A
Temple City
30 year deed for low-income or very
low-income. Low-income is under 50
percent AMI in LA/Long Beach. Yearly
check of tenant tax returns with the city
to ensure eligibility.

A courtyard of 125 sq. ft. or 25 percent of parcel
(whichever less) is required and must be surrounded
by structures on at least 2 sides. It is illegal to remove mature trees or to remove 30 percent of vegetation.

Height limit of 18 ft.,
unless part of existing structure or
needed to fit floor area of 800 sq. ft.

Easement for front to rear parcel,
access to right-of-way for public
services and utility maintenance.

LEED Platinum for new SB 9 unit.

Only one bedroom can be rented
per urban dwelling.

Los Altos
Hills
Deed restrictions for all new units
restricted to households at low- and
very low-income levels according to
Santa Clara County AMI.

A hedge at a minimum of 15-gallon size plants at 5 ft.
intervals is required. A 25-ft.-wide panhandle for a flag lot or an ingress/egress easement shall be provided for all new parcels that do not have direct frontage. Driveway access to the new parcels shall be shared unless the
new driveways are a minimum of 100 ft. apart. Lot split approximately perpendicular to the longest contiguous
property line. Adding a patio, deck, other hardscape
automatically sets town’s 40 ft. front yard and
30 ft. side yard setbacks.

Height limit of 16 ft.
and front setback of 40 ft.

Easement minimum of 25 ft.
for a flag lot that does not have
direct frontage for public
or private access.

N/A
Terner Center Sample of Local SB 9 Implementing Requirements (Continued) 136 June 5, 2023 Item 14
1 Adriana Jaramishian
To: Matt Bator
Subject: RE: Item #1–SB 9 Ordinance, Red Dot
From: Dolores Jamison <[email protected]>
Sent: Monday, May 8, 2023 11:52 AM
To: Matt Bator <[email protected]>
Cc: Philip Posner-PC <[email protected]>; Claire McGreal <[email protected]>; John Farrell <[email protected]>; [email protected]
Subject: Item #1–SB 9 Ordinance, 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.

May 7, 2023
City of Del Mar
Planning Commission
May 9 Agenda — Red Dot, Item #1
Attention: Matt Bator & Planning Commission Members:

Regarding Del Mar’s draft ordinance for implementation of SB 9, I am puzzled as to why the proposed ordinance is so loose in regards to maximum FAR, setbacks, minimum lot size, maximum lot coverage, and grading, in contrast to the SB 9 ordinances adopted by other California coastal cities such as Santa Barbara and Laguna Beach. Given that this bill represents a full-on attack on our neighborhood character, wouldn’t it behoove us to strengthen the proposed ordinance so that it is more robust in asserting our development standards? Given that Del Mar has a certified Local Coastal Plan and is completely within the Coastal Zone, we are held to higher development standards and have more options for preserving our unique character. We should be taking advantage of this. Santa Barbara’s SB 9 ordinance, for example, applies stricter standards to property in the Coastal Zone. The standards applied in Del Mar’s draft ordinance, however, are less restrictive than the standards required by Santa Barbara outside of their Coastal Zone.

Del Mar’s draft ordinance also does not require that all proposed residential designs (including all exterior finishes, colors, building materials, and other architectural features) be compatible with the design of an existing residential unit. If two units are proposed, they should be compatible with each other. This requirement should also be added to our ADU ordinance, at least when the ADU is visible from the street.

There is also the potential to lose even more trees because of SB 9. At a time when our tree canopy has continued to decline and many trees have been lost due to the construction of new homes and ADU’s, we should be doing all we can to mitigate tree loss. Other California cities are doing this, including Laguna Beach and Saratoga. Laguna Beach requires that if trees larger than six inches in diameter must be removed to construct an SB 9 unit, the trees must be replaced at a two to one ratio. Saratoga requires that if any protected trees are removed to build an SB 9 unit, an arborist report, a tree preservation plan, and a tree security deposit must accompany the application. The planting of new trees equal to the value of removed trees must be completed before occupancy can take place. In addition, the SB 9 ordinance should not be applicable to parcels that have covenants and special landscape conditions for protected trees.

While the goal of this bill is to produce more affordable housing, our proposed ordinance—unlike Santa Barbara’s ordinance—does not require that SB 9 units be affordable. Given the high cost of land in Del Mar and no affordable housing requirement, it is extremely unlikely that even one unit of affordable housing will be produced. The City should require that SB 9 units meet affordability standards. This requirement should be added to the ordinance as soon as possible.

I would strongly urge the Planning Commission to safeguard the integrity of our neighborhoods and strengthen the proposed ordinance so that it better reflects our neighborhood standards. We should take advantage of the legal tools at our disposal to preserve our neighborhood character, as other California municipalities have done.

Thank you for your attention and consideration.

Sincerely,
Dolores Davies Jamison
1209 Crest Road
Del Mar
137 June 5, 2023 Item 14
From: Planning Mail Box
Sent: Tuesday, May 9, 2023 11:33 AM
To: Adriana Jaramishian; Matt Bator
Subject: FW: Red dot for item 1 of Planning Commission meeting From: deftos <[email protected]>
Sent: Tuesday, May 9, 2023 11:26 AM
To: Planning Mail Box <[email protected]>
Subject: Red dot for item 1 of Planning Commission meeting 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.

Del Mar Planning Commission,
I support the red dot from Jamison and adoption of objective standards that protect the interest of property owners to the greatest extent possible within the constraints imposed by SB

9. Towards that goal, there should be more objective standards to preserve the natural resources of the City, including:
- Scenic views and visual qualities.
- Native species, including Torrey pines.
- Geologic features such as bluffs, slopes and canyons.

Of note, the Coastal Act specifically recognizes “scenic and visual qualities” as a natural resource to protect (Cal. Pub. Resources Code § 30251).

The draft ordinance appears to provide little to no protection for existing private or public view corridors. Under the proposed ordinance, SB 9 development could completely obstruct an existing private or public view corridor and there would be no means for the City or impacted property owners to prevent this. In addition, landscaping associated with SB 9 development could similarly obstruct existing private or public view corridors as it matures and impacted property owners would be required to attempt to pursue view restoration through the arduous, contentious and expensive TSVS Ordinance. To preserve the natural resource of scenic views, the City could include as an objective standard for SB 9 development that “no existing public or private view corridor can be obstructed to any degree by a dwelling developed pursuant to SB 9” and that “landscaping shall be limited to shrubs and trees that will not obstruct existing private of public view corridors on maturity.”
In addition, the draft ordinance appears to provide little protection for Torrey pines. The proposed ordinance prohibits SB 9 dwellings to be constructed under the dripline of Torrey pines. However, Torrey pines can be aggressively trimmed to shrink the dripline. More importantly, the draft ordinance proposes relying on DMMC 23.50 (Trees Ordinance) to regulate removal of Torrey pines requested as part of SB 9 development. But removal of Torrey pines for lot development is discretionary under DMMC 23.50, with the discretion vested in the Design 138 June 5, 2023 Item 14
Review Board (or the Director of Planning and Community Development in this case?). In the past, exercise of this discretion by the Design Review Board has resulted in removal of numerous Torrey pines in the City. Moreover, SB 9 does not allow discretionary decision making in the approval or denial of an SB 9 development application. Therefore, any denial of a request to remove a Torrey pine for SB 9 development could be challenged as disallowed discretionary decision-making. Instead, if this Planning Commission wants to make every effort to preserve Torrey pines, it could recommend an objective development standard that prohibits removal of a Torrey pine for SB 9 development and prohibits SB 9 development within 12 feet of a Torrey pine. If an exception to this objective standard is necessary to allow any SB 9 dwelling to be constructed, then the ordinance could require replanting on site of a replacement Torrey pine with a requirement that it be maintained such that it did not obstruct existing view corridors (or block sunlight to neighbor’s solar panels).

The ordinance does extend the protection of bluffs, slopes and canyons that currently exists in the BSC Overlay Zone to SB 9 development throughout the City by restricting development close to substantially steep slopes. However, the inclusion of “when feasible” seems to unnecessarily weaken this protection. All objective standards are already “when feasible” since SB 9 does not allow objective standards to prohibit SB 9 development.

Excluding SB 9 development from various overlay zones based on an assertion that such development would necessarily violate the City’s LCP seems questionable to me. It is my understanding that ADUs are allowed in the overlay zones, so it is difficult to understand why an ADU would not violate the Coastal Act while an SB 9 dwelling necessarily would. If a proposed SB 9 dwelling is consistent with the BSC Overlay Zone Ordinance, how would it violate the Coastal Act? All of Del Mar is in the coastal zone and Del Mar’s LCP includes both base zone ordinances and overlay zone ordinances. If the City categorically excludes SB 9 development, for example from the BSC overlay zone, it might open itself to complaints of “regulatory discrimination.” For example, a property owner in the BSC zone might apply for a SB 9 development permit that is compliant with objective standards of the City's SB 9 implementation ordinance and the specific requirement of the BSC Overlay Zone and challenge the City if this were not ministerially approved. Conversely, a property owner negatively impacted by adjacent SB 9 development might be resentful that SB 9 development was allowed in their neighborhood but not in some other neighborhoods in the City or even on their property. Instead of categorically excluding SB 9 development in the various overlay zones, the City could make an explicit statement that such development must be consistent with the City’s LCP implementation ordinances. Of note, the Coastal Commission has stated that “Local Coastal Program (LCP) provisions continue to apply but, in most places, will need to be updated to conform with SB 9 to the greatest extent possible while still complying with the Coastal Act.” https://documents.coastal.ca.gov/assets/rflg/SB9-Memo.pdf The City’s objective standards cannot preclude SB 9 development on a parcel, but they can make it less attractive or affordable. When the City’s objective standards preclude SB 9 development on a parcel, some of the restricting objective standards must be removed for that parcel. It might be possible for the City to exert some discretion in SB 9 development by adopting relatively stringent objective standards and then use discretion in determining which of the objective standards are removed to allow SB 9 development when necessary.

Thanks for your consideration,
Michael Deftos
139 June 5, 2023 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Assistant City Manager, Clem Brown
Via Ashley Jones, City Manager
DATE: June 5, 2023
SUBJECT: Building Electrification Ordinance Update & Proposed Sustainability Advisory Committee Work Plan Amendment
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that City Council put the development of a building electrification ordinance on hold until there is more clarity on the impacts of a recent State Court ruling regarding building electrification; and authorize staff to work with the Sustainability Advisory Committee (SAC) on the development of a Balloon Ban Ordinance in the interim.

BACKGROUND:

At the City Council Goal Setting Workshop on February 13, 2023, the City Council approved the City’s work plan for FY 2023-24 & FY 2024-25, which included the development of a building electrification ordinance as a Tier 2 work plan item to begin in May 2023.

On April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a decision in California Restaurant Association v. City of Berkeley. The ruling reversed a district court’s decision to dismiss an action by the California Restaurant Association claiming the federal Energy Policy and Conservation Act (42 U.S.C. § 6297(c)) (“EPCA”) preempts a City of Berkeley ordinance prohibiting the installation of natural gas piping in newly constructed buildings. The three-judge panel held that EPCA expressly preempts State and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens.

The Berkeley ordinance prohibits natural gas piping into newly constructed buildings, which the Ninth Circuit held essentially renders gas appliances useless in those buildings.

The Ninth Circuit found that EPCA preempts local building codes regulating natural gas use by covered products, and the Berkeley ordinance prevented those covered products from using natural gas.
1 June 5, 2023 Item 15
City Council Agenda Report
Building Electrification Update & SAC Work Plan Amendment June 5, 2023

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Del Mar City CouncilJune 5, 2023

Del Mar City Council
June 5, 2023