Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
June 19, 2023 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
CITY COUNCIL AGENDA QUESTIONS/ANSWERS
JUNE 19, 2023
Item– 1 Minutes
1. Page 6, Item1 states in part: "...and affordability component not to be supported by Coastal Commission." This is awkwardly worded. It sounds like we don't want the CCC to support our affordability requirements. Suggest rewording to clarify.
Staff Response: Staff will revise this language for clarity, as the intent was to indicate that what was suggested would not likely be supported by the Coastal Commission.
Item 2 – List of Demands
1. There is a $6,000 item for Del Mar Village Association (DMVA) for downtown garlands. Is this in addition to the TOT and $50k we give DMVA already? Why don't garlands for downtown come out of the existing DMVA budget?
Staff Response: This was an additional contribution from the City to the DMVA toward the replacement of holiday lights/garland for the downtown street lights. These funds are not part of the current contracts with DMVA for economic development and destination marketing. This year, the Del Mar Village Association had to raise $75,000 to purchase a new holiday tree for the annual holiday festivities and did not have all of the of the additional funds needed to purchase replacement lights/garland. This $6,000 contribution covered 50% of the total cost.
Item 4 – SB9 Ordinance Second Reading
Given that the City is not allowed to treat SB9 projects any different from other residential projects, some additional information from staff as to the following would be appreciated:
1. Uniformity. I understand and support the requirement for uniformity of architectural style, paint, and materials. I know we don't require this of other residential projects, but that is only because they go through DRB and a discretionary decision is made whether uniformity or variety is best, case by case.
Under SB 9 we don't have that discretion. I support our amendments and am looking for reassurance that this is allowed under SB9.
Staff Response: The City Attorney indicated during the City Council meeting that including the objective design standard noted above in the City’s ordinance would be in conformance with City and State regulations.
2. Patios Item 13: "No patio shall be permitted as a feature within a required front yard, street-side yard, or required yard that is four feet or less from the property line." Can staff reassure us this is allowed given we do not impose this requirement on other residential projects?
1 June 19, 2023 Items 1,2,4
Staff Response: Del Mar Municipal Code (DMMC) Section 30.86.200 (K) describes the types of improvements that can be constructed or placed within the required front and street side yards of a lot. Patios are not an allowed improvement in these areas, which is applicable to all proposed improvements (including SB9 projects). Within an interior side yard or a rear yard of four feet or less, the entire area must be unobstructed for emergency access, so no above-grade permanent improvements (patio amenities) would be allowed.
Paving in this area would be considered a “pathway” for access.
3. Item 6 Skylights: "Skylights shall be tinted to prohibit the escape of light from inside the unit." Again, we do not require this of all other residential projects.
Decisions on skylights are made case by case by the DRB when it has discretion. I would rather require tinting in all SB 9 project skylights than the alternatives of disallowing skylights altogether or allowing light to escape at owner discretion annoying neighbors. Can staff reassure us that we are on solid ground? Staff Response: The requirement for skylights to be tinted to prevent light escape is consistently and equally applied in non-SB 9 development approvals for compliance with section D.6 (O), located in Chapter 2 of the City’s Design Guidelines. The objective design standard that requires tinting of proposed skylights in SB9 projects implements D.6.O.
4. View protection. I agree with the agenda report discussion on this issue. However, can staff provide more information on when a scenic view can be designated in the Local Coastal Program (LCP), as we can protect those? For example, can views protected in the LCP be of the backcountry, of the lagoon, of La Jolla, or must they be limited to views of the ocean? Can views of protected Torrey Pines and Monterrey Cyprus be designated as protected views? Can views from public streets and trails be protected? For bikes and pedestrians as well as vehicles? We have lots of roadways and trails in Del Mar that offer ocean, backcountry, or other scenic views. Does the CCC have policy guidance on what qualifies for protected view status in an LCP? I note the Deftos email that points out the City's current view definitions: "23.51.020 - Definitions M. Scenic View shall mean a view of the ocean, lagoons, canyons, the community and its landscapes and urban forest character, or other scenic vistas, from the Primary Living Area of a residence. 23.08.040 - Definitions B. For purposes of this Chapter, primary scenic view means a view of the ocean, the community, lagoons, canyons or other scenic vistas from the primary living area of a residence." Can we use these in the LCP? While the standards in the City Code must be "objective," the CCC and our LCP can include discretion, no?
Staff Response: Goal IV-C of the City’s current Certified Local Coastal Program’s Land Use Plan states, “Preserve existing views and view corridors from public vantage points to the maximum extent possible without preventing reasonable use of private property.” Policies IV-22 through IV-27 of this Goal specifically seek to preserve and enhance (public) views from bluff top street-ends (4
th
-13th Streets); views of the Pacific Ocean from
Camino del Mar; views of the Los Penasquitos Lagoon and Pacific Ocean from Carmel Valley Road; and views of the San Dieguito Lagoon from and along Jimmy Durante Boulevard and San Dieguito Drive. The policy-defined public views from all users of those streets should be considered as “protected” under the City’s LCP. 2 June 19, 2023 Items 1,2,4
DMMC Chapters 23.08 (Design Review) and 23.51 (Trees, Scenic Views and Sunlight) are not implementing ordinances of the City’s LCP. Therefore, the definitions of “scenic” view would not apply to the protection of views as a public coastal resource.
As noted in the previous SB 9 staff reports to the Planning Commission and City Council, SB 9 does not diminish the City’s obligation to comply with its Certified LCP and the California Coastal Act. Therefore, proposed SB 9 development will be required to obtain an administrative Coastal Development Permit (CDP). As required by DMMC Chapter
30.75 (Coastal Development Permits), the Planning and Community Development Director will utilize LCP Policies IV-22 through IV-27 (summarized above) to determine whether the mandator CDP finding related to public view preservation can be made. In order to “harmonize” the requirements of SB 9 with the California Coastal Act, discretion will be required by both the Director and, when appealable, the California Coastal Commission.
3 June 19, 2023 Items 1,2,4