Agenda, regular meeting, second session — Del Mar City Council, September 5, 2023 (part 2 of 2)

• Allow manufactured housing to be placed on a permanent foundation system and installed on lots that allow single- dwelling units, including residential and commercial zones
• Allow manufactured housing subject to the same development standards as conventional single dwelling units and permitted in the same manner that conventional residential structures are permitted • Allows architectural requirements to be imposed related to roof overhang, roofing material, and siding material so long as such requirements do not exceed those imposed on conventional single dwelling units
• Restricts City from applying any development standards that have the effect of precluding manufactured homes from being installed as permanent residences
• Allows age limitation homes manufactured more than 10 years prior to the permit application date to install the manufactured home In Del Mar, manufactured homes and conventional single dwelling units will all be subject to the same Design Review Board discretionary design review permit process in accordance with DMMC Chapter

23.08, unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes (i.e., Senate Bill 9 projects or Accessory Dwelling Units).

Proposed Del
Mar Municipal
Code (DMMC)
Amendments
The amendments generally clarify that the municipal code, zoning, and permit processes for manufactured homes comply with State law by:
• Creating a new DMMC Chapter 23.15 (Manufactured Homes) to clarify definitions, specify requirements for installation and obtaining a building permit, and identify that manufactured homes are allowed in all zones that allow single dwelling units (i.e., R1, R2, RM, RC, and the Carmel Valley Precise Plan) • Amending DMMC Sections 23.16.020 (Moving Buildings -
Issuing Authority) and 30.86.050 (Supplemental Regulations - Buildings Moved) to clarify that manufactured homes are subject to the same zoning standards and approval process as a
conventional dwelling unit in the same zone, which is Design Review Board approval through a discretionary design review permit process in accordance with DMMC Chapter 23.08,
2 September 5, 2023 Item 16
City Council Agenda Report
Manufactured Homes Ordinance
September 5, 2023

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unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes (i.e., Senate Bill 9 projects or ADUs)
• Amending Section 30.04.130 (Manufactured Home – Definition) for consistency with Chapter 23.15
On July 10, 2023, the Planning Commission unanimously recommended City Council approval of the proposed DMMC amendments (A-23-001) by a vote of 5-0. The item was approved on the consent calendar. There were no public speakers and there was no submitted public correspondence for the item.

The proposed Ordinance is not subject to a Local Coastal Program (LCP) amendment because the applicable code sections are not within the certified LCP. If introduced, the second reading and adoption of the Ordinance would take place on September 18, 2023. The ordinance will take effect 30 days from the date of City Council adoption. Strikeout-underline for the proposed code amendment is shown in in Attachment B.

HOUSING IMPACT:

The Ordinance will not result in any change in the City’s housing capacity. Instead, it ensures that the City’s code does not include any impediments for manufactured homes. This action implements the certified 6
th Cycle Housing Element Program 1F.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed ordinance would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR).

Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary. The Final PEIR and associated Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of Housing Element Program 1F in accordance with the certified Housing Element is a Tier 1 City Council identified priority for completion in Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Proposed Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes
Attachment B – Code Amendment in Strikeout-Underline
3 September 5, 2023 Item 16
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADDING A NEW CHAPTER 23.15
(MANUFACTURED HOMES) TO THE DEL MAR MUNICIPAL CODE;
AND AMENDING DEL MAR MUNICIPAL CODE SECTION 30.04.130
(MANUFACTURED HOMES DEFINITION); AMENDING DEL MAR
MUNICIPAL CODE SECTION 30.86.050 (SUPPLEMENTAL
REGULATIONS – BUILDINGS MOVED); AND AMENDING DEL MAR
MUNICIPAL CODE 23.16.020 (MOVING BUILDINGS – ISSUING

AUTHORITY) ALL RELATING TO THE REGULATION OF

MANUFACTURED HOMES IN THE CITY OF DEL MAR
WHEREAS, California Government Code Section 65852.3 regulates the installation of manufactured homes that meet federal safety and construction standards as certified by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) in single dwelling unit residential zones within local jurisdictions in the State of California; and
WHEREAS, State law requires cities and counties, including charter cities, to: (i) allow manufactured homes to be placed on a permanent foundation in any lot zoned for conventional single dwelling units, and (ii) only subject manufactured homes and the lots on which they are placed to the same development standards as conventional single dwelling units; and
WHEREAS, State law allows cities and counties, including charter cities, to: (i) impose architectural requirements on the manufactured home structure relating to roof overhang, roofing material, and siding material, even if similar requirements are not imposed on conventional single-family residential dwellings (so long as such requirements do not exceed those imposed on conventional single dwelling units), and (ii) prohibit the installation of a manufactured home that was manufactured more than 10 years prior to the application date for a permit to install the manufactured home; and WHERAS, State law further restricts cities and counties, including charter cities, from applying any development standards on manufactured homes that have the effect of precluding manufactured homes from being installed as permanent residences; and WHEREAS, the City currently regulates manufactured homes in the City under various sections of the Del Mar Municipal Code (“DMMC”), including, but not limited to, Chapters 30.04 and 30.86 governing zoning and Chapter 23.16 relating to moving buildings; and
WHEREAS, the certified City of Del Mar 6th Cycle Housing Element Update (2021- 2029) includes Housing Element Program 1F (Manufactured Housing), which commits the City to amend certain provisions under the DMMC by December 31, 2023, to regulate 4 September 5, 2023 Item 16
Ordinance No. ____

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manufactured homes consistent with State law under Government Code Section 65852.3; and
WHEREAS, the City desires to amend the DMMC to define manufactured homes and clarify the City’s ability to regulate manufactured homes consistent with State law.

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

SECTION ONE: That the foregoing recitals are true and correct.

SECTION TWO: That a new Chapter 23.15 (Manufactured Homes) is hereby added to the Del Mar Municipal Code to regulate manufactured homes in the City of Del Mar consistent with California Government Code Section 65852.3, as follows:

Chapter 23.15 – Manufactured Homes

23.15.010 – Purpose
It is the purpose of this Chapter to provide standards and criteria for the placement, design, and construction of manufactured homes installed on a permanent foundation system in single dwelling unit residential zones within the City of Del Mar consistent with State law under California Government Code Section 65852.3, as those provisions may be amended or superseded from time to time.

For purposes of promoting the public health, safety and general welfare, and more specifically for the purpose of providing City residents a suitable living environment and maintaining certain minimum building standards for residential dwellings, the following standards are hereby established for the installation of manufactured homes on a permanent foundation system in single dwelling unit residential zones.

23.15.020 – Definitions
For purposes of this Chapter, the following definitions shall apply:

A. Manufactured home means a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, and compliant with Section 18551 of the California Health and Safety Code.

B. National Manufactured Housing Construction and Safety Standards Act of 1974 means the Federal Act codified at 42 U.S.C. Sections 5401 et seq., as those provisions may be amended or superseded from time to time.

23.15.030 – Permitted Zones
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Subject to compliance with the provisions of this Chapter, manufactured homes are permitted in zones where single dwelling units are an allowed use as follows:

A. Very Low Density Residential Zone (R1-40)
B. Modified Low Density Residential Zone (R1-14)
C. Low Density Residential Zone (R1-10)
D. Low Density-Beach Residential Zone (R1-10B)
E. Medium Density Single-Family Residential Zone (R1-5) F. Medium Density Single-Family Residential Zone-Beach (R1-5B) G. Carmel Valley Precise Plan Specific Plan (CVPP)
H. Medium Density Mixed Residential-East (RM-East)
I. Medium Density Mixed Residential-West (RM-West)
J. Medium Density Mixed Residential-Central (RM-Central) K. Medium Density Mixed Residential-South (RM-South)
L. High Density Mixed Residential (R2)
M. Residential Commercial (RC)

23.15.040 – Requirements for Installation of Manufactured Homes In lieu of a home installed by conventional construction, the placement of a manufactured home on a lot within a permitted zone identified in Section 23.15.030 of this Chapter shall be permitted if done in compliance with the following requirements:

A. Required Certification. At the time of application for installation of a manufactured home, the applicant shall demonstrate that the manufactured home meets federal certification standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974.

B. Permanent Foundation. Pursuant to Section 18551 of the California Health and Safety Code, the manufactured home must be installed on a permanent foundation system.

C. Building Permit Required. Prior to installing a manufactured home on a permanent foundation system, the manufactured home owner or a licensed contractor shall obtain a building permit from the Planning & Community Development Department in compliance with the requirements set forth in Section 18551 of the California Health and Safety Code and the local process for review and issuance of a building permit as set forth in Section 23.05.030.

D. Age Limitation. No more than ten (10) years may have elapsed between the manufacture date of a manufactured home and the application date for a building permit to install the manufactured home on a permanent foundation. 6 September 5, 2023 Item 16
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E. Compliance with Applicable Ordinances. All ordinances applicable to conventional single dwelling units within the applicable zone in which a manufactured home is located shall also apply to manufactured homes, including, but not limited to, requirements for utility connections including water and sewer, height, lot coverage, setbacks, parking, and other residential development standards.

F. Hazard Control and Risk Reduction. The manufactured home placement shall be subject to the same hazard control and risk reduction standards as any conventional single dwelling unit that would be placed on the same lot.

G. Architectural Review Requirements Specific to Manufactured Homes.

23.08, unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes.

SECTION THREE: That Del Mar Municipal Code Section 30.04.130 (“M” Words and Phrases Defined) is hereby amended as follows:

A. Manufactured Home means a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified and compliant with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), and compliant with Section 18551 of the California Health and Safety Code. For purposes of this Title, a manufactured home shall be subject to the same regulatory standards and permit review process applicable to conventional single dwelling units in the zone in which it is located, unless expressly stated in Chapter 23.15 of this Code.

B. through G. [No change]
SECTION FOUR: That Del Mar Municipal Code Section 30.86.050 (Supplemental Regulations - Buildings Moved) is hereby amended as follows:

No building or structure shall be moved on a lot or parcel of land, or relocated from one lot or parcel of land to another, unless such building or structure conforms, or is made to conform to all provisions of this Title applicable to the property upon which the building will be located. All buildings or structures moved within the City, or from outside the City to within the City, shall first be approved by the Design Review Board pursuant to this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter

23.15 of this Code.
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SECTION FIVE: That Del Mar Municipal Code Section 23.16.020 (Moving Buildings - Issuing Authority) is hereby amended as follows:

A. [No change]
B. Exercising the authority to move a building in accordance with a permit shall be expressly conditioned upon the applicant first having obtained all other permits and licenses required for the building move. If the building is to be located within the City, the applicant shall first comply with the Design Review and zoning requirements of this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter 23.15 of this Code.

SECTION SIX: The City Council finds that the proposed Ordinance would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR). Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary. The Final PEIR and associated Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR91020 SECTION SEVEN: This Ordinance was introduced by the City Council on September 5, 2023.

SECTION EIGHT: 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.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 18th day of September 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
8 September 5, 2023 Item 16
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APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
9 September 5, 2023 Item 16
Attachment B
1 Code Language – Strikeout-Underline format
That a new DMMC Chapter 23.15 (Manufactured Homes) be added as follows:

Chapter 23.15 – Manufactured Homes

23.15.020 – Definitions
For purposes of this Chapter, the following definitions shall apply:

A. Manufactured home means a single dwelling unit constructed wholly or partially offsite that is installed on a permanent foundation system, and which is certified in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, and compliant with Section 18551 of the California Health and Safety Code.

23.15.030 – Permitted Zones
Subject to compliance with the provisions of this Chapter, manufactured homes are permitted in zones where single dwelling units are an allowed use as follows:

A. Very Low Density Residential Zone (R1-40)
B. Modified Low Density Residential Zone (R1-14)
C. Low Density Residential Zone (R1-10)
D. Low Density-Beach Residential Zone (R1-10B)
E. Medium Density Single-Family Residential Zone (R1-5) F. Medium Density Single-Family Residential Zone-Beach (R1-5B) G. Carmel Valley Precise Plan Specific Plan (CVPP)
H. Medium Density Mixed Residential-East (RM-East)
10 September 5, 2023 Item 16
Attachment B
2 I. Medium Density Mixed Residential-West (RM-West)
J. Medium Density Mixed Residential-Central (RM-Central) K. Medium Density Mixed Residential-South (RM-South)
L. High Density Mixed Residential (R2)
M. Residential Commercial (RC)

B. Permanent Foundation. Pursuant to Section 18551 of the California Health and Safety Code, the manufactured home must be installed on a permanent foundation system.

C. Building Permit Required. Prior to installing a manufactured home on a permanent foundation system, the manufactured home owner or a licensed contractor shall obtain a building permit from the City Planning & Community Development Department in compliance with the requirements set forth in Section 18551 of the California Health and Safety Code and the local process for review and issuance of a building permit as set forth in Section 23.05.030.

G. Architectural Review Requirements Specific to Manufactured Homes.

Manufactured homes shall be subject to the same architectural standards as conventional single dwelling units and look substantially like a conventional single dwelling unit as to its roof overhang, roofing material, siding material, parking and 11 September 5, 2023 Item 16
Attachment B
3 zoning requirements. Proposed manufactured homes and conventional single dwelling units are subject to Design Review Board approval through a discretionary design review permit process in accordance with Chapter 23.08, unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes.

That DMMC Section 30.04.130 (“M” Words and Phrases Defined) be amended as follows:

A. Manufactured Home means a one-family dwelling single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified and compliant with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), and compliant with Section 18551 of the California Health and Safety Code. For purposes of this Title, a manufactured home shall be subject to the same regulatory standards and permit review process applicable to other conventional single dwelling units one-family dwellings in the zone in which it is located, unless expressly stated in Chapter 23.15 of this Code.

B. through G. [No change]
That DMMC Section 30.86.050 (Supplemental Regulations - Buildings Moved) be amended as follows:

That DMMC Section 23.16.020 (Moving Buildings - Issuing Authority) be amended:

A. [No change.]
B. Exercising the authority to move a building in accordance with a permit shall be expressly conditioned upon the applicant first having obtained all other permits and licenses required for the building move. If the building is to be located within the City, the applicant shall first comply with the Design Review and zoning requirements of this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter 23.15 of this Code. 12 September 5, 2023 Item 16
City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Wendy House, Deputy City Attorney
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Report on Items Related to Development of Short-Term Rental (STR) Policies and Regulations Including California Coastal Commission (CCC) Actions and Court Decisions and Ongoing STR Data and Information Collection REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:

1. Receive a report from the City Attorney’s office providing an overview of the legal landscape regarding short-term rentals including relevant court decisions and CCC actions to be considered in the development of new STR policies and regulations;

2. Authorize staff to initiate a STR operator registration process to establish a database of existing STRs within the last 10 years (see background summary in Attachment A);

3. Review supplemental June 2023 STR data (Attachment B); and

4. Confirm which California jurisdictions are to be used to collect sample STR policy and regulation data for presentation to the Council on September 18, 2023 (Attachment C).

BACKGROUND:

The creation of new STR regulations is a City Council priority special project. This project initially began in 2016, and has involved several CCC actions, legal challenges, and enforcement considerations as well as processing delays due to the timing of court decisions rendered during the COVID-19 pandemic (see Attachment A for additional background information).

Work on this special project resumed in January 2023, with the following actions having occurred to date:
________________________________________________________________________________________________________ City Council Action:
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STR Data Collection
In January 2023, the City contracted with consulting firm DTA, to collect STR data specific to the City of Del Mar during the timeframe of January 1, 2023, through April 30, 2023, and provide a report with data analysis to the City Council.

On July 10, 2023, the City Council received a report with STR data and analysis to provide a general understanding of STRs in Del Mar (i.e., number; type; average length of stay, rental rate and occupancy rates; and general location in the City). The City Council asked for additional STR data through the month of June 2023 with additional details including bedrooms per unit, maximum visitor occupancy per unit, and parking. Attachment B provides the additionally requested data and a comparison to the prior reported data, which is summarized below.
o The number of STRs increased from 107 STRs (April) to 125 STRs (June 2023), which increased as a percentage from 4.2% to 4.9% of the City’s total 2,574 dwelling units per the 2020 Census. This does not include any STRs advertised in Wavecrest Resort or L’Auberge Villas.
o When comparing the April and June 2023 data, there was an increase in the average days per rental from three days to five days, a slight decrease in average daily rental rate from $630 to $625, and an increase in the average STR occupancy rate (occupancy compared to availability) from 62% to 82%. o Following is a breakdown of STRs by location:
▪ 57-59% of the existing STRs are operating in residential zones in the North Beach neighborhood (RM-West, RM-East, and R1-5 zones)
▪ 26-28% of the existing STRs are operating in residential zones in the south bluff neighborhoods (R2 and RM-South zones)
▪ 15% of the existing STRs are operating in residential zones in the hills neighborhoods (R1-10 and CVPP)
▪ The Wavecrest Resort timeshares and L’Auberge Vacation Villas provide an additional 43 STR options in locations where short-term vacation rentals are an existing allowed use.

Council Guiding Principles & Objectives for STR Regulations On July 24, 2023, the City Council determined the guiding principles and objectives for development of new STR regulations as follows:

1. Honor the existing policies in the Del Mar Community Plan.

2. Maintain the residential character of neighborhoods in residential zones. 2 September 5, 2023 Item 17
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3. Honor the tradition of vacation rentals during the summers, holidays, and horse-racing season.

4. Ensure protection of the public health, safety, and general welfare.

5. Ensure the City’s natural resources will be preserved and protected.

6. Ensure STRs will not overburden public improvements, facilities, and services.

7. Minimize adverse impacts to adjacent private properties and the surrounding neighborhood.

8. Consider distribution and concentration of STRs throughout the community.

9. Craft regulations that are easy to understand and implement.

10. Communicate expectations for civil conduct in line with “good neighbor” policies.

11. Establish enforcement protocols, and ensure regulation of short-term rentals is, at a minimum, revenue neutral to the City.

Council Approach & Next Steps in Process
Below is an outline of the approach and planned next steps identified by the City Council:
• Collect data/examples from other jurisdictions and have a preliminary policy discussion – September 18
• Prepare draft framework for ordinance consistent with the Council guiding principles and objectives.
• Prepare environmental analysis of the draft ordinance and consider alternatives. • Conduct public outreach including the local hotels/motels and other stakeholders. • Obtain Council direction on process to require Transient Occupancy Tax (TOT). • Hold noticed public hearing of the Planning Commission to review the draft ordinance and provide a recommendation to the City Council.
• Hold noticed public hearings of the City Council to introduce and adopt an ordinance. • Submit the adopted ordinance to the CCC for certification.

DISCUSSION/ANALYSIS:

CCC action is required to approve new STR regulations in the City and, as described in more detail below, the City will need to process amendments to the City’s certified Local Coastal Program (LCP) Land Use Plan and implementing regulations within the zoning code to effectuate any new STR regulations.

Framework for CCC Approval of a Proposed Local Coastal Program Amendment The Coastal Act requires each city and county located within the California Coastal Zone to develop a LCP, including a Land Use Plan and Implementation Plan. The LCP and any LCP amendment (LCPA) must be approved and certified by the CCC to take effect. The CCC certified the City of Del Mar’s Land Use Plan in 1993 and Implementation Plan in 2001. To 3 September 5, 2023 Item 17
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adopt a proposed Ordinance amending its certified LCP, the City provides notice to the public and an opportunity for public comment and participation in the adoption process. City staff also works with CCC staff to obtain input on the draft Ordinance/LCPA. The City then holds public hearings before the Planning Commission and City Council to consider the proposed Ordinance/LCPA. Once adopted by the City Council, the City submits the Ordinance/LCPA to the CCC for certification.

The CCC holds a public hearing to consider and vote on the LCPA submission. The standard of review applied by the CCC for approval of a proposed LCPA is the City’s Implementation Plan must conform with the Land Use Plan and the Land Use Plan must be consistent with the Coastal Act. After voting on the proposed LCPA, the CCC notifies the City of its action, which is either to: (i) approve the LCPA as submitted with no modifications; (ii) conditionally approve the LCPA with suggested modification(s); or (iii) deny the LCPA. If the Coastal Commission grants approval with suggested modifications, the City can either accept and make the modifications or process and submit a new Ordinance/LCPA to the Coastal Commission for consideration. If the CCC denies the proposed Ordinance/LCPA, it does not become effective.

CCC Review of STR Regulations in Coastal Jurisdictions
The CCC reviews STR ordinances on a discretionary, case-by-case basis, and has never implemented a one-size-fits-all approach to approving STR regulations. Thus, it can be difficult to predict how the CCC will view proposed regulations. In 2016, the CCC issued a guidance letter stating it supports local ordinances that both allow and regulate STRs1. In essence, the CCC recognizes STRs serve as a source of visitor-serving accommodations near the beach and shoreline and promote coastal access, especially for larger groups and families that might not otherwise be able to afford a more expensive traditional option like hotels. The CCC also acknowledges STRs raise legitimate concerns involving potentially adverse impacts to the community, such as community character, noise, parking, traffic, and garbage impacts, as well as a decrease in housing stock and affordability, and a strain on public services. Accordingly, the CCC has stated STR regulations should strike a reasonable balance between ensuring availability of STR rentals for coastal visitors and preserving neighborhood character and long-term housing for local residents.

As part of this special project, the City Attorney’s Office was tasked with reviewing past CCC decisions from the date the City last submitted STR regulations to the CCC for review in 2018.

In doing so, it was discovered that even though the CCC approves context-specific STR regulations which are unique to each jurisdiction, there are certain general trends that have developed throughout the years, including the following:
1 See.
https://documents.coastal.ca.gov/assets/la/Short_Term_Vacation_Rental_to_Coastal_Planning_&_Devt_ Directors_120616.pdf
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• Prohibition on STR Bans: CCC has historically not supported bans or undue restrictions of STRs and encourages the continued operation of STRs in residential dwellings.
• Accommodation of Existing, Non-Conforming STRs: CCC has required allowing existing, non-conforming STRs to continue operating in certain zones under new STR regulations. Other jurisdictions have been required to allow non-conforming uses where a city expressly recognized the then-existing use, such as by issuing a business license, or collecting TOT from STRs.
• Intensity of Use: CCC has approved limits on the concentration of STRs – total number of STRs allowed within certain areas (e.g., by neighborhood, by communitywide ratio, etc.); location of STRs – limited to certain zones within the jurisdiction; and/or buffers – distance separation requirements between STRs, when such restrictions don’t affect the supply of STRs compared to the current demand.
• Overall Limit: CCC has approved caps on the maximum number of STRs that may operate within a jurisdiction, so long as other use restrictions (e.g., distance separation requirement) do not prevent an area from meeting its cap. • Length of Stay: CCC has approved limits on the minimum and maximum amount of time a STR may be used as a vacation rental during a given year or season. • Ample Alternative Visitor-Serving Accommodations: CCC has upheld more restrictive regulations when there are ample alternative visitor-serving accommodations within the Coastal Zone of a jurisdiction (e.g., hotels, motels, inns, bread and breakfasts, etc.).
• Hosted vs. Non-Hosted STRs: CCC has found, absent specific circumstances, limiting STRs to “hosted”, “owner-occupied”, or “primary residence” rentals generally does not provide the space and privacy desired by families and larger groups traveling together. • Reasonable Operational Requirements: CCC supports and encourages the implementation of reasonable and balanced “good neighbor” operational restrictions (e.g., requirements related to occupancy, parking, noise, traffic levels, garbage 24/7 management contact, signage, STR permitting, enforcement protocols; etc.).

More restrictive approaches to the above trends have generally only been approved by the CCC when there is clear evidence STRs are causing specific, significant adverse impacts to a coastal jurisdiction (usually geographic) that cannot be mitigated using less feasible alternatives. The CCC typically will not approve more restrictive regulations if a jurisdiction does not provide sufficient data, analysis and/or justification to show why the regulations are necessary.
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Case Law Regulating STRs
The City Attorney’s Office also reviewed court cases involving challenges to STR ordinances in coastal jurisdictions. While there are other cases on the subject, of those that are published and therefore legal precedent, the following three recent cases are most relevant to the CCC’s authority to review and take action on STR regulations within coastal jurisdictions:
• Keen v. City of Manhattan Beach (022) 77 Cal.App.5th 142. The City of Manhattan Beach adopted zoning ordinances as part of its certified LCP. In 2015 and 2019, the city adopted two ordinances “reiterating” the city’s ban on STRs without obtaining CCC approval. Keen, a STR property owner, filed a writ petition to enjoin the city from enforcing a ban on STRs pending the city obtaining CCC approval. The city argued its zoning laws always banned STRs through permissive zoning, and therefore the new ordinances were not an amendment to the LCP requiring CCC approval. The trial court ruled the city failed to identify any old zoning provision with a long-term/shortterm rental distinction: “Because its ordinances say nothing about the duration of rentals, the City cannot credibly insist its ordinances permit long-term residential rentals but have always banned short-term rentals. That interpretation makes no sense.” The Court of Appeal ultimately upheld the lower court’s ruling and determined the city’s ban on STRs was an amendment to the city’s certified LCP requiring CCC approval.
• People v. Venice Suites, LLC (2021) 71 Cal.App.5th 715. The plaintiff in this case argued STRs were impliedly prohibited under a permissive zoning scheme. The Court of Appeal noted that a permissive zoning argument does not apply to STRs where the zoning ordinances do not expressly contain a length of occupancy requirement for different types of housing (e.g., apartment, hotel, residential building, etc.):
“Application of the permissive zoning scheme…would lead to an absurd result where neither short-term nor long-term occupancies would be allowed…because a length of occupancy is not expressed.”
• Kracke v. City of Santa Barbara (2021) 63 Cal.App.5th 1089. In 2015, without obtaining CCC approval, the City of Santa Barbara began regulating STRs as “hotels” under its municipal code, which effectively banned STRs in the Coastal Zone. Kracke, the owner of a STR property management company, filed a writ petition to enjoin the city from enforcing its STR ban unless it obtained CCC approval. The city claimed STRs are not expressly regulated under its certified LCP and are therefore excluded from the Coastal Act, giving the city the right to regulate them at their discretion. The trial court held the city’s ban constituted a “development” under the Coastal Act and therefore, the city could not ban STRs without obtaining CCC approval. The Court of Appeal affirmed the lower court’s ruling and found the city instituted the ban on STRs without the CCC’s review or approval in violation of the Coastal Act. 6 September 5, 2023 Item 17
City Council Agenda Report
CCC Actions and Court Decisions and Associated STR Discussion September 5, 2023

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Based on these cases, courts have generally found permissive zoning may not apply to STRs in certain circumstances, such as where zoning codes do not distinguish between specific types of uses (e.g., length of occupancy for long-term versus short-term rentals). Permissive zoning is a legal principle providing a use is considered prohibited unless it is expressly permitted under a zoning ordinance. Thus, if a jurisdiction’s ordinance does not expressly regulate the duration of any rental, a jurisdiction may not be able to argue STRs are prohibited because they are not expressly permitted by the code.

NEXT STEPS
Establish Database of Existing STRs
Staff recommends that the City Council authorize staff to initiate a process to establish a database of existing STRs within the last 10 years. This would include requesting STR operators electronically submit requests to register their existing STRs in a database via the City’s website by a specified date. The information required for registration would include supporting documentation to substantiate STR operations within the last 10 years such as fully executed rental agreements at the subject property, a business license identifying STR business at the subject property, federal or state income tax returns specifying STR business operation at the subject property, printed or online advertising or contracts at the subject address with the source/date of publication, and other evidence of STR operations at the subject property. The information provided would solely be used to identify the number of STRs operating within the last ten years for the purpose of discussions related to new shortterm rental regulations and would not be used for code enforcement purposes. If the Council is agreeable, staff recommends that the call for STR registrations would be for a period of 90- days, beginning immediately with a deadline of December 5, 2023.

Direction on new STR Policy Framework and Implementing Regulations At the next City Council meeting on September 18, 2023, the City will solicit public input on options related to a new STR policy framework and implementing regulations. It is expected forthcoming decisions will be evaluated and considered with the Council’s identified STR guiding principles and objectives in mind and that the discussion will involve City Council direction related to the following:
• Locations: Determine which zones should allow STR use and whether certain geographic areas should be subject to different standards to limit the intensity of use (i.e., specific residential neighborhoods).
• STR Use Types: Determine whether STR regulations should differentiate between STR operations of a primary residence, or within a portion of a primary residence, that is occupied by the property owner for a majority of the calendar year. 7 September 5, 2023 Item 17
City Council Agenda Report
CCC Actions and Court Decisions and Associated STR Discussion September 5, 2023

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• Registration/Licensing: Identify the approval process requirements such as business license and required registry for STR-specific license, certificate, or permit; and determine the frequency (i.e., annual or longer duration for renewal). • Intensity of Use: Determine whether to set an overall limit on the number of STRs citywide (i.e., percentage of total housing units), whether to set limits on concentration of STRs in specific areas, require a minimum number of nights per occupant stay, or limit the number of days per year that hosts can rent their STR. • Manner of Rental: Determine whether additional regulations should be required such as health and safety regulations (i.e., insurance requirements, fire safety inspections, and emergency information posted for guests inside the unit), limits on the number of guests (daytime/nighttime), limits on use of STRs for large gatherings and events. The expectation is that all STR operations comply with existing California Building Code and Del Mar Municipal Code regulations (i.e., occupancy, parking, trash, lighting, noise, and nuisance controls).
• Good Neighbor Requirements: Confirm expectations related to implementation of good neighbor policies and the required procedures for communication of the designated point of contact and requirements for timely response to complaints. • Taxes: Provide direction for proceeding with the steps necessary to authorize City collection of Transient Occupancy Tax (TOT) for STR operations.

Comparable Jurisdictions for STR Policies/Regulations
The following sixteen (16) California jurisdictions provide a range of examples for future policy discussion of good neighbor policies, procedures for communication of the designated point of contact, and limits on length of stay and STR concentration, including examples of proposed caps on STRs that were previously approved or denied by the CCC:
• San Diego Region: Cities of Carlsbad, Oceanside, San Diego, and Solana Beach • Other California Jurisdictions: Cities of Carpinteria, Dana Point, Laguna Beach, Newport Beach, Palm Springs, Pismo Beach, San Clemente, Santa Cruz, and Trinidad. Counties of Santa Barbara; Santa Cruz, and San Mateo.

Each identified jurisdiction accommodates STR use subject to permit/licensing, TOT, and other requirements. See Attachment C for a summary with additional detail. Staff requests that the Council consider the above list of jurisdictions and confirm or modify the list so that staff may proceed with compiling comparable data for the Council’s consideration on September 18, 2023.
8 September 5, 2023 Item 17
City Council Agenda Report
CCC Actions and Court Decisions and Associated STR Discussion September 5, 2023

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HOUSING IMPACT:

STRs involve commercial use of a dwelling unit that can displace long-term housing stock.

This special project to establish new STR policies/regulations is consistent with the City’s Housing Element Program 5C, which commits the City to implement measures to reduce current vacancy rates in units off-site property owners that report the units as unoccupied and having no long term housing tenant. The intent is to protect the residential character of neighborhoods in residential zones by creating new opportunities for STRs in commercial zones and maintaining the majority of dwelling units in residential zones for long-term housing.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The requested action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment. For the purpose of CEQA, there is no change in baseline environmental conditions as a result of the action.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The STR Regulations special project is a City Council identified priority for completion in FY 2023-2024.

ATTACHMENTS:

Attachment A – STR Background Summary
Attachment B – Supplemental Data Analysis through June 2023 Attachment C – STR Regulation Data from Other California Jurisdictions 9 September 5, 2023 Item 17
Attachment A
Background Summary and Policy Context
Prior Actions to Accommodate Existing Short Term Rentals (STRs) Until New Regulations Take Effect
This City Council priority special project began in 2016 and has involved several California Coastal Commission (CCC) actions, legal challenges, and enforcement considerations as well as processing delays due to the timing of the final court decisions rendered during the COVID 19 pandemic, which required the City Council to postpone work on a new STR ordinance and direct the City’s limited resources to address the highest priority public health and safety issues and legal mandates.

Initial Moratorium:

After experiencing a significant increase in the number of STRs operating in residential zones, on April 4, 2016, the City Council adopted a moratorium on new STRs in residential zones and provided for existing, non-conforming STRs to temporarily continue to operate while new regulations are processed. The moratorium ended on November 6, 2017 (when Ordinance 934 was adopted). The moratorium was replaced with a Council-adopted forbearance policy to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect (see forbearance discussion below).

STR “7/28 Ordinance” - Ordinance 934:

November 6, 2017 - The City Council adopted Ordinance 934 to establish new STR regulations. This ordinance, also referred to as the “7/28 ordinance”, never became effective because Zoning/Local Coastal Program Amendments require CCC certification per the California Coastal Act in order to take effect.

June 7, 2018 – After the CCC conditionally certified Ordinance 934 in June 2018, the City processed an extension. However, while the City was waiting for final resolution of litigation, the conditional CCC approval expired on December 13, 2019.

February 7, 2021 - The court dismissed the final case (City of Del Mar v. California Coastal Commission) because the CCC’s conditional approval had expired on December 13, 2019.

Adoption of Forbearance Policy Currently in Effect:

The forbearance policy was adopted by Council Resolution 2017-71 on November 6, 2017, to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect. The forbearance has been consistently applied, enforced, and maintained:

Date City Council Action
Nov 6, 2017 Adopted new STR Ordinance 934 and Resolution 2017-71 to establish Forbearance Policy
Sep 4, 2018 Approved six-month extension to March 2019 (Resolution 2018-61) Feb 11, 2019 Approved one-year extension to February 2020 (Resolution 2019-09) 1 10 September 5, 2023 Item 17
Attachment A
Feb 3, 2020 Approved one-year extension to February 2021 (Resolution 2020-05) Feb 1, 2021 Approved two-year extension to February 2023 (Resolution 2021-04) Jan 23, 2023 Approved two-year extension to January 2025 (Resolution 2023-02) What is an STR?
STR’s are generally defined as visitor accommodation (commercial activity) in a dwelling unit where the unit as a whole is rented for less than 30 consecutive days. However, some STR operators offer rentals of a portion of the dwelling unit and/or as multiple STR rental options within a single dwelling unit.

General Description of Coastal Act
The Coastal Act requires public access to be protected, provided, and maximized. The CCC considers STRs as a means for visitors to access the coast. The relevant policy Section 30213 of the Coastal Act states “Lower cost visitor and recreation facilities shall be protected, encouraged, and where feasible, provided. Developments providing public recreational opportunities are preferred.” The CCC has interpreted that STRs are a type of lower cost visitor accommodation, more affordable than traditional hotels that can facilitate members of the public with low or moderate incomes to access and recreate at the coast. Further, the CCC has taken the position that coastal jurisdictions should expressly accommodate STRs within Local Coastal Program policies and regulations.

The CCC has generally interpreted STRs to be both a visitor-serving use and a form of residential use. In terms of length of stay, CCC staff has indicated an expectation in the past that the local regulations accommodate the ability for a weekend getaway to provide visitor opportunities during the most common times individuals are able to travel. That being said, the CCC has expressed recognition that each community is unique and may address STRs differently.

Local Policy Context
Del Mar Community Plan (General Plan)
The Del Mar Community Plan expresses the community’s policy vision to guide development. It is the main point of reference for all land use-related decisions. The Community Development section of the Community Plan includes the City’s Land Use Element and the most relevant land use policies related to the topics of STRs and housing included below:

Overall Goal: Preserve and enhance the special character of Del Mar, the elements of which are a village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach.

Community Development Goal 3: Preserve and enhance Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline. 2 11 September 5, 2023 Item 17
Attachment A
Goal 3 Objective C: Adopt strong positive controls to prevent future commercial development which is incompatible with the existing residential character of the community.

Goal 3 Objective D: Preserve existing and insure adequate housing for diverse age and socio-economic groups within the community.

Goal 3 Objective E: Encourage and facilitate provision of lower cost housing for low- and moderate-income households.

Community Development Goal 5: Preserve the economic integrity of the community.

Goal 5 Objective A: Maintain a balanced philosophy toward commercial growth which permits the City’s income to keep pace with its expenditures while insuring compatibility with all other goals and objectives of the Community Plan.

Goal 5 Objective B: Promote those uses of the commercial area which will be of greatest economic benefit to the community while insuring compatibility with all other goals and objectives of the Community Plan.

Goal 5 Objective D: When feasible and appropriate, require an economic analysis on any future proposed community plan revisions.

Community Development Goal 6: Assure continuing public participation in city planning by developing procedures in which citizens can participate in updating General Plan goals and policies and help in implementing programs including consultation and advice on enabling legislation.

City of Del Mar Community Plan - Housing Element (6th Cycle 2021-2029) The Del Mar Housing Element identifies the following goals, policies, and programs:
• Provide new types of housing opportunities and housing capacity for a greater range of income levels by pursuing development at the State Fairgrounds, promoting accessory dwelling units, and incorporating multiple dwelling unit development in various commercial zones;
• Remove governmental constraints to create new opportunities for affordable housing through modified regulations, incentives, and streamlining of processes; • Establish a regulatory framework that supports the maintenance and improvement of existing housing, including the preservation of affordable housing; • Provide equal opportunities and access to housing options within the community for residents of all abilities consistent with the City’s overall housing policy goal to “Inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar.”;
3 12 September 5, 2023 Item 17
Attachment A
• Provide affordable housing assistance resources and information to residents, property owners, and individuals seeking to remain living in the community or to relocate to Del Mar; and
• Identify the challenges faced by special needs groups working and/or living in the community and taking actionable steps towards assisting those groups consistent with the City’s housing goals.

Housing Element Program 5C commits the City to implement measures to reduce current vacancy rates in units off-site property owners that report the units as unoccupied and having no long term housing tenant.

Local Coastal Program (LCP) Land Use Plan (LUP)
Any proposed land uses must conform with the policies of the Coastal Act. The standard of review for any prospective STR Ordinance will be the City’s certified LCP LUP.

Relevant LCP policies include:

LUP Goal IV-A: Provide physical and visual access to coastal recreation areas for all segments of the population without creating a public safety concern, overburdening the City’s public improvements, degrading the City’s natural resources, or causing substantial adverse impacts to adjacent private properties.

LUP Policy II-6: Encourage visitor-serving and recreation-oriented businesses that blend harmoniously with the traditional small-town character of the community.

LUP Goal V-B: Provide the public with quality overnight accommodations and other visitor-serving facilities which enhance the unique village character of the community.

LUP Policy V-10: The City shall ensure that development of visitor-serving facilities is compatible with surrounding development and is consistent with the policies of this Land Use Plan intended to preserve environmentally sensitive resources.

Regulatory Context – Zoning Code/Certified Local Coastal Program (LCP) Title 30 of the Del Mar Municipal Code (DMMC) sets forth the City’s Zoning regulations.

The DMMC Title 30 regulations and associated maps applicable to base zones, overlay zones, permitted/allowed uses, required discretionary permit types, public access, and coastal resources comprise the City’s certified LCP implementing ordinances. Until new STR regulations are adopted and become effective, new STR’s are only an allowed use in commercial zones, including the Residential-Commercial (RC), Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), Visitor-Commercial (VC), Hotel Specific Plan, and 941 Camino Del Mar Specific Plan zones; and as provided for by development entitlement (i.e., Wave Crest Resort Time Shares and L’Auberge Vacation Villas). STRs are currently not an allowed use in any residential zones, including R1-40, R1-14, R1-10, R1-0B, R1-5, R1-5B, RM-east, RM-West, RM-Central, RM-South, and R2 zones.
4 13 September 5, 2023 Item 17
Attachment B
Supplemental Data Analysis
Following is a summary of the data presented to the City Council on July 10, 2023, for January 1 – April 30, 2023, compared to supplemental data collected through June 30.

January 1 - April 30, 2023 January 1 - June 30, 2023
Total STRs Advertised 116 138
Ratio of STRs to Units
2,574 units per 2020 Census

4.5% with Wavecrest/L’Auberge

4.2% (107 units) not including
Wavecrest/L’Auberge units

5.4% with Wavecrest/L’Auberge

4.9% (125 units) not including
Wavecrest/L’Auberge units
Ownership 36 primary residences
80 with offsite owners
40 primary residences
98 with offsite owners
Average Length of Stay 3.7 days 5 days
Average Rental Rate per
Night
$630 $625
Average Occupancy 62% 82%
Bedrooms per Unit N/A Ranged from studio to 7-
bedroom units
Occupancy per Unit N/A Ranged from 2 to 14 visitors
maximum
Parking “Amenities” N/A Most say “free parking”; some
identify “on-street parking”
Locations of Advertised STRs
Jan-April 2023 Jan-June 2023
RM-West Zone 37 (+2) 39
R2 Zone 20 (+4) 24
RM-East Zone 18 (+5) 23
R1-10 Zone 15 (+3) 18
R1-5B Zone 8 (+1) 9
RM-South Zone 7 (+3) 10
CVPP Zone 1 1
BC (R2) Zone 1 1
SUBTOTAL 107 125
Wavecrest Resort 3 (+3) 6
L’Auberge Villas 6 (+1) 7
TOTAL 116 138
14 September 5, 2023 Item 17
Supplemental Data Analysis Attachment B
140
120
100
80 60
40 20
0 116
Total STR Units
138 7
6 5
4 3
2 1
0 3.7
5 700
600
500
400
300
200
100
0 $630/
night
$625/
night
100
90 82%
80 70
62%
60 50
40 30
20 10
0 Average Occupancy
January 1 - April 30, 2023
January 1 - June 30, 2023
Average Length of Stay (in days)
January 1 - April 30, 2023
January 1 - June 30, 2023
January 1 - April 30, 2023
January 1 - June 30, 2023
January 1 - April 30, 2023
January 1 - June 30, 2023
Average Rental Rates per Day
15 September 5, 2023 Item 17
Attachment B Zoning Designations of Advertised STRs
40 39
37 35
30 25 24
23 20
20 18 18
15 15
10 10 9
8 7
5 1 1 1 1
0 0 0
RM-West R2 RM-East R1-10 R1-5B RM-South CVPP BC Residential Zones Commercial Zones R1-5, R1-10B, R1- NC, PC, CC, VC,
14, R1-40, RM Plaza Specific Plan,
Central 941 Specific Plan
April 2023 June 2023
16 September 5, 2023 Item 17
Attachment C
Staff is seeking Council direction on which jurisdictions are to be used in the collection of example STR policy/regulation data for presentation to the Council on September 18, 2023, as options for consideration in development of a new STR policy/regulatory framework for Del Mar. Staff is recommending the Council consider the following jurisdictions:

Jurisdiction (year
certified by CCC)
Rental
Certificate,
License or
Permit
Point of
Contact
Requirement
TOT
Collected
Limits
on Stay
Limits on
Concentration
1 Carlsbad (2020) Annual permit yes yes - -
2 Oceanside (2019) Annual permit yes yes 2-night
min
No new nonhosted STRs in
residential
3 San Diego (2021) License yes yes 2-night
min
Cap at 1% of
dwelling units
4 Solana Beach
(2004)
Annual permit yes yes 7-day
min
-
5 Carpinteria (2016) License yes yes - -
6 Dana Point (2016) Annual permit yes yes 2-night
min
-
7 Laguna Beach
(2017)
Permit (every
2 years)
yes yes - -
8 Newport Beach
(2021)
Permit yes yes 2-night
min
Cap at 1,550
permits;
Prohibits in R1
zones;
20% max in
multi-unit
developments
9 Palm Springs
(2022)
Annual
Certificate
yes yes - 20% cap by
neighborhood;
no STRs in
apartments
10 Pismo Beach
(2018)
License yes yes - -
11 Santa Barbara
County (2018)
Annual permit
-discretionary
yes yes - Max 1 STR per
lot
12 San Clemente
(2018)
Annual permit yes yes - Max 1 STR per
dwelling unit
13 Santa Cruz (City)
(2018)
Annual permit yes yes - -
14 Santa Cruz County
(2016)
Permit (every
5 years)
yes yes - 10-20% cap by
neighborhood
15 San Mateo County
(2017)
Permit (every
3 years)
yes yes Max 180
nights
per year
-
1 17 September 5, 2023 Item 17
Attachment C
if owner
not onsite
16 Trinidad (2017) License yes yes - No new nonhosted STRs (documented
impacts to
population of
360)
2 18 September 5, 2023 Item 17
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: San Dieguito Drive Phase 1 Preliminary Engineering Assessment Presentation and Recommendation to Proceed to Phase 2 Engineering Design
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council:
1) Approve further study and design of Minimal Alternative (Alternative #3) from the Phase I Engineering Assessment (Attachment A, page 4) and grant an exception to City Council Policy 114 - Complete Streets;
2) Approve a $155,400 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for the Minimal Alternative (Alternative #3); and
3) Authorize the City Manager to execute the Task Order.

BACKGROUND:

San Dieguito Drive is a private street in the City of Del Mar that extends from the intersection of San Dieguito Drive and Racetrack View Drive to Oribia Road (Attachment C). The road is not part of the City’s public streets system and is not owned or maintained by the City. However, there is an easement on San Dieguito Drive that grants the City right-of-way for road and utility purposes (i.e. sewer, water, gas, power, and telephone lines).

Currently, San Dieguito Drive is in a deteriorated condition and in need of repair as shown in the San Dieguito Roadway Assessment (Attachment C). For decades, the City has provided information and discussed alternatives with the adjacent property owners of San Dieguito Drive and the surrounding area about how they could develop a road of sufficient quality and standards so that it could be considered for acceptance into the City’s streets and roadways system and added to the City’s regular street maintenance schedule. 1 September 5, 2023 Item 18
City Council Agenda Report
San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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On September 6, 2022, the City Council approved a task order with Michael Baker International (MBI) to conduct a Phase I Preliminary Engineering Assessment for San Dieguito Drive, totaling $64,500. The intent of the assessment was to better understand the condition of the road and develop conceptual design alternatives and costs that could serve as the basis for a future capital improvement project to improve the road.

DISCUSSION/ANALYSIS:

Phase 1 Preliminary Engineering Assessment
Staff worked with MBI to complete the Phase 1 Preliminary Engineering Assessment (Assessment), which was presented to area residents for feedback on July 13 and August 18, 2023. As part of the Assessment, MBI assessed the existing site conditions and evaluated the extent of physical modifications that would be required to improve the existing private street to conform to the County of San Diego Public Road Standards and Design Standards, and the City’s Complete Streets Policy to be accepted into the City’s streets and roadways system. The Assessment produced four preliminary design concepts, which have been previewed with San Dieguito Drive and Oribia Road residents, resulting in a recommended alternative to proceed to detailed design (Phase 2).

The existing roadway is approximately 17 to 20 linear feet wide and includes adjacent gravel/dirt shoulder areas that are currently used for parking. The asphalt is in a deteriorated condition and likely requires replacement of the entire roadway structural section. According to County standards, the road is classified as a Hillside Residential Street (Attachment D). Multiple elements went into determining this roadway classification, such as purpose, surrounding land uses, average daily traffic, and the character of the hillside including the curvature and gradient of the street. Hillside Residential Street is the minimal section available for residential streets per the standards. The roadway section standard consists of two 12-foot driving lanes and an 8- foot parking lane. However, the minimum necessary road width is 20 feet, or two 10-foot driving lanes, to ensure passage for fire trucks. Moreover, the minimum width for a parking lane is seven (7) feet.

Since the Assessment contemplates improving the roadway to public standards, street parking and walkways must be considered to align with City Council Policy 114 - Complete Streets (Complete Streets Policy), which was adopted in 2017 (Attachment E). Any deviation from the Complete Streets Policy will require City Council approval of an exception, as discussed in more detail later in this report. “Complete Streets” is a term used to define streets designed and operated to enable safe access for all users, and accommodate people of all ages and abilities, travelling by all modes, including walking, biking, using public transit, and driving cars, commercial or emergency vehicles. The Complete Streets policy implements Community Plan Transportation Goals and Objectives, Climate Action Plan Measure T3, California Complete Streets Act (AB1358), San Diego Association of Governments (SANDAG) 2 September 5, 2023 Item 18
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San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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Regional Complete Streets Policy, and the City’s Clean Water Program (i.e., stormwater management program compliance). Additionally, due to the location and proximity to the San Dieguito Lagoon, it is important to maintain coastal access which implements the City’s Local Coastal Program.

MBI initially developed three (3) standard alternatives (1A, 1B and 2) that conceptualize the physical modifications necessary to improve the road from its existing condition to meet public standards and City policy. Based on resident feedback, MBI developed a fourth alternative that includes only the minimal improvements necessary to meet public standards (Alternative 3). A summary of the key components of the four alternatives is presented in the following table and shown in Attachment A.

San Dieguito
Drive
Alternative 1A Alternative 1B Alternative 2 Alternative 3 Existing
Roadway
Condition
17 to 20 linear feet (LF) of roadway & adjacent gravel/dirt for parking Proposed
Roadway
Condition
20 LF of roadway,
7 LF of
continuous
parking (West),
5 LF of walkway
(West)
20 LF of roadway,
7 LF of
continuous
parking (East),
5 LF of walkway
(East)
20 LF of
roadway, 7 LF of
noncontinuous
parking (West),
5 LF of walkway
(West)
20 LF of
roadway with
rolled concrete
curbs
Impacts to Existing Private Properties
Retaining Wall
Installation
6 (West)/out of 14 3 (East/West)/out
of 14
5 (West)/out of
14 1 (West)/out of
14 Fence
Removal
1 (West)/ out of
14 6 (East)/out of 14 1 (West)/out of
14 0 /out of 14
Significant
Front
Yard Grading
7 (West)/out of 14 7 (East)/out of 14 7 (West)/out of
14 1 (West)/out of
141
Physical Modifications
Grading (CY) 900 (Cut &
Export)
920 (Fill & Import) 600 (Cut &
Export)
250 (Cut &
Export)
Retaining
Walls (LF)
595 190 420 75
Parking2
Parking (LF) 440 680 310 80
Parking Spots 19 30 13 4

1. From the retaining wall to be installed at the intersection of Racetrack View Drive.

2. Alternative 1A, 1B and 2 provide formal asphalt parking and Alternative 3 is parking on existing shoulder with gravel.

On July 13, 2023, staff held a meeting with residents of San Dieguito Drive and Oribia Road to present the findings of the Assessment and receive feedback on the initial three conceptual alternatives (1A, 1B, and 2). The residents provided extensive comments and 3 September 5, 2023 Item 18
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San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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feedback, and asked questions regarding public road standards, Complete Streets Policy, and Community Plan; sewer feasibility; drainage; residents’ private maintenance obligations; easement rights/obligations; assessment district/cost sharing; etc. Staff’s responses to residents’ questions are included as Attachment F.

Recommended Minimal Conceptual Design Alternative 3
Based on the feedback received from the residents, staff worked with MBI to develop an additional minimal conceptual design alternative (Minimal Alternative) that preserves the area’s rural character and conceptualizes the physical modifications necessary to improve the road from its existing condition to public standards without on-street parking and sidewalks (Attachment A, Page 4).

The Minimal Alternative includes a roadway with a standard centerline crown with 16 feet of asphalt and 3-foot concrete rolled curbs for an improved width of 23 feet. This allows for 20 feet, or two 10-foot driving lanes, to ensure passage for fire trucks. Staff’s response to question #14 in Attachment F provides a more detailed explanation as to why a standard centerline crown with rolled curb is recommended to adequately convey the roadway drainage over an inverted crown with ribbon gutter, which was suggested for evaluation by some residents. As part of Phase 2, the City’s consultant will conduct a hydrology study which will inform the final design and what is needed to properly address drainage and water flow.

Concrete rolled curb is recommended to allow parking on decomposed/crushed granite shoulders where feasible and access to driveways. A concrete rolled curb is also recommended over an asphalt rolled curb because it has a more cost-effective useful life, examples of which can be found throughout town. A retaining wall is required to widen the road at the intersection with Racetrack View Drive because of the existing storm drain inlet and topography.

In the Minimal Alternative, the extent of the road shoulders remain the same as existing, as to not impact the private properties, but are decreased by the increased roadway width.

Only shoulder areas with a minimum seven (7) feet of width are identified as usable parking and anything less than this is considered deficient.

The Minimal Alternative deviates from the Complete Streets Policy (public standards, street parking and walkways) and requires approval from the City Council per exception

8.3 of the Complete Streets Policy, which provides as follows: “Where the cost of providing facilities for all travelers would be excessively disproportionate to the need or likely use through the life of the project. Cost analysis shall follow SANDAG’s Complete Streets policy guidance.” The costs to install the standard improvements must be greater than 20% of the minimal improvements to qualify for this exception. As discussed in the “Estimated Project Costs” section below, the standard alternatives are $2,000,000 and the Minimal Alternative is $1,300,000, which is therefore 54% greater and thus qualifies for exception 8.3.
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San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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The Complete Streets approach to roadway development and maintenance projects utilizes principles of non-prescriptive, flexible design; context sensitivity; and collaborative processes to establish a multimodal network for all users and facilitate the transportation and environmental conservation objectives outlined by the Del Mar Community Plan.

Thus, in considering the geographic context, an exception is further recommended based on the standard alternatives posing issues with impacts to private properties because of the need to extensively widen the road, and Americans with Disabilities Act (ADA) standards for a proposed walkway because of the steep existing slopes.

On August 18, 2023, staff and City Council liaisons Dave Druker and Terry Gaasterland held a second meeting with the residents to get their feedback on the Minimal Alternative and to gauge their level of interest in moving into Phase 2, which will include detailed hydrology and engineering studies that will inform the recommended final design for the project. The residents present at the meeting unanimously expressed their support for the Minimal Alternative.

Sewer Feasibility
As part of the Phase 1 work, MBI conducted a sewer feasibility assessment (Attachment A, pages 5 and 6) to determine the integration of a new sewer main along San Dieguito Drive, from Oribia Road to the existing sewer main at San Dieguito Drive and Racetrack View Drive. This assessment included evaluating clearances from existing utilities and incorporating the proposed joint trench as part of the Utility Undergrounding District X1A (Crest Canyon). The sewer main was determined feasible to install as part of all the alternatives whether as part of this project or in the future as part of a separate project.

It remains unclear as to whether there is support among residents to proceed with installation of a sewer main as part of a potential road project or a separate future project.

To date, two properties on Oribia Road have expressed support for installation of sewer, and several residents on San Dieguito Drive have indicated they are not interested in installing a sewer main as part of the proposed project. It is important to note that the City’s ability to participate financially in improving San Dieguito Drive, and the public benefit that would allow for that participation, is specific to road improvements. The City’s ability to contribute to the proposed project does not extend to the installation of a sewer line on San Dieguito Drive. Including installation of a sewer line as a component of the potential road project or as a future effort, and the cost for doing so, would need to be a resident initiative.

Estimated Project Costs
MBI conducted a comprehensive evaluation of the total project costs for the proposed alternatives. Alternatives 1A, 1B, and 2 were determined to be approximately $2,000,000 without sewer and $3,000,000 with sewer. The cost estimates for these initial three alternatives are relatively similar, with only marginal cost differences. Alternative 3 5 September 5, 2023 Item 18
City Council Agenda Report
San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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(Minimal Alternative) was determined to be approximately $1,300,000 without sewer and $2,300,000 with sewer.

The cost estimates include items such as design and permitting, construction management, roadway asphalt and base material, curb & gutter, grading, driveway conforms, drainage improvements, retaining walls, sewer main, sewer manholes, sewer laterals and connections, septic abandonment, utility adjustments, and a conservative 30% contingency at the conceptual design stage.

The cost estimates are based on conceptual designs and intended to provide an initial understanding of costs as part of the Assessment for project planning purposes. The engineering consultant will develop an updated cost estimate based on a detailed design to be developed as part of the Phase 2 Road Improvement Design. The actual cost of the project will be determined through the competitive public bidding process the City is required to undertake as a public agency prior to award of a construction contract, which requires City Council approval.

Recommendations and Next Steps
Based on the information provided in the Phase 1 Preliminary Engineering Assessment and feedback from the residents, staff recommends that the Council authorize a task order with MBI, as further described below, to complete the Phase 2 Road Improvement Design for the Minimal Alternative and approve an exception to the Complete Streets Policy. Staff agrees with residents that the Minimal Alternative maintains the rural character of the neighborhood as envisioned in the City’s Community Plan, while providing the minimum necessary improvements to upgrade the road to public standards.

The City has an agreement in place with MBI for as-needed civil engineering services.

As such, staff recommends issuing MBI a Task Order for $155,400 (Attachment B) to proceed with Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for San Dieguito Drive. Phase 2 will include spacing for a future sewer, however, not include a detailed design of the sewer facilities. If approved, the Phase 2 design work is scheduled for completion by March 2024. Phase 2 work would include conducting detailed engineering studies (e.g., drainage, geotechnical, structural, and sewer) and producing engineering design plans and documents for construction, permitting, and any necessary easement acquisition.

It is the City’s intention to synchronize the design and construction schedules for San Dieguito Drive and Utility Undergrounding District X1A (Crest Canyon). The X1A schedule has completion of the design and bid documents by March 2024, with the public bidding process anticipated to start in April 2024. MBI will provide intermittent submittals for San Dieguito Drive sufficient to incorporate as part of the X1A design, and the entire San Dieguito Drive bid package will be completed along with X1A. 6 September 5, 2023 Item 18
City Council Agenda Report
San Dieguito Drive Phase 1 Preliminary Engineering Assessment September 5, 2023

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In addition to the recommended Phase 2 design work, City staff will work with the City Attorney’s office to determine the maximum extent to which the City may participate financially in this project, and will return with a recommendation to the City Council at a future meeting. Depending on the outcome, the City may wish to engage an outside third party to provide information on the formation of an assessment district related to any required resident contribution to the project; however, this is unknown at this time and will be further evaluated in preparation for a future agenda item.

PRIOR CITY COUNCIL REVIEW:

On June 19, 2023, City Council approved $170,000 for the San Dieguito Drive Development in the Fiscal Year 2023-2024 Operating and Capital Budget. On September 6, 2022, City Council approved a $64,500 task order with Michael Baker International (MBI) to perform a Phase 1 Preliminary Engineering Assessment of San Dieguito Drive.

On June 20, 2022, City Council approved $104,000 for the San Dieguito Drive Preliminary Engineering Assessment and Special Tax Assessment District coordination in the Fiscal Year 2022-2023 Operating and Capital Budget.

FISCAL IMPACT:

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

Sufficient funds are available in the project budget to cover the costs of the recommended Phase 2 work.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES:

San Dieguito Drive is listed as a Tier 2 City Council priority for Fiscal Years 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – San Dieguito Drive Phase 1 Roadway Assessment Attachment B – Phase 2 Road Improvement - Task Order with MBI Exhibit A to Attachment B – MBI Proposal for Phase 2 San Dieguito Drive Improvements Attachment C – San Dieguito Drive Existing Conditions Map and Photos Attachment D – County of San Diego Typical Roadway Section Attachment E – City Council Policy 114 - Complete Streets Policy Attachment F – Phase 1 Engineering Assessment – Resident Q&A 7 September 5, 2023 Item 18
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1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 5, 2023 ATTACHMENT B
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260,
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR PHASE 2 ROAD IMPROVEMENT

DESIGN, CONSTRUCTION DOCUMENTS AND EASEMENT ACQUISITION DOCUMENTS OF SAN DIEGUITO DRIVE (ACCOUNT 40.7000.7048)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2023.

Consultant shall execute tasks related to the Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition Documents of San Dieguito Drive, as described in the Consultant’s proposal dated August 25, 2023, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $155,400. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by March 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Martin Boyd, Project Manager II, who can be reached at [email protected] and (858) 375-9531.

Please sign and return an original copy of this Task Order to Denise Galvan, Management Analyst, via mail to City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].

Approved by: Accepted by:

City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Mariel Cairns, Management Analyst
Exhibit A: Proposal for Phase 2 Private San Dieguito Drive Improvements 14 September 5, 2023 Item 18
August 30, 2023
Joe Bride
Public Works Director / City Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: City of Del Mar As-Needed Professional Services Agreement Proposal for San Dieguito Drive Improvement Project
Dear Joe:

The Michael Baker International team is pleased to have completed the Preliminary Assessment Phase of the above-mentioned project. Pursuant to your request, Michael Baker has provided you with an updated scope of services and cost estimate for Phase 2. Below is a summary breakdown of the tasks we would undertake to prepare the Improvement Plans to improve the private portion of San Dieguito Road for acceptance into the City’s publicly maintained road system. A detailed scope of services and cost estimate is attached.

Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition Documents $155,400
Geotechnical Assessment, Drainage Study and Report, Construction Documents, Record of Survey Map, Easement Acquisition Legal Descriptions and Plats, Project Management and Meetings
Our staff is ready to commence the City Engineering and Land Surveying Services upon your approval of our scope of services. If you have any questions about this scope of services and cost estimate, please feel free to contact me at 760-603-6243.

Sincerely,

Tim Thiele, PE
Contract Manager

EXHIBIT A TO ATTACHMENT B
15 September 5, 2023 Item 18
Private San Dieguito Drive Improvement Project Page
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City of Del Mar As-Needed Professional Services Agreement Proposal for San Dieguito Drive Improvement Project
Project Understanding
The section of San Dieguito Drive from Oribia Road north to the outlet of Crest Canyon, where San Dieguito Drive turns to bear northwest along the edge of the lagoon, is not a publicly maintained road. The stretch of road is within the City limits near the City’s eastern boundary.

Michael Baker International (MBI) understands that the City of Del Mar desires a proposal to this section of San Dieguito Road for acceptance into the City’s publicly maintained road system. This involves preparation of Roadway Improvement Drawings, review by City staff, physical improvements to the roadway, and City Council Acceptance Action.

This portion of San Dieguito Road is approximately 1,000 feet in length, slopes from north to south with an approximate elevation drop of 90 feet to the south, with existing underground water main and gas line utilities beneath the road. Stormwater drainage facilities are not known to exist along the road, except a drainage inlet into an 18-inch diameter CMP culvert at the intersection of the private and public portions of San Dieguito Drive. The road is within an existing assumed 60-foot wide private road easement, and the road surface is assumed to have a variable width that is assumed to average about 18 feet. The road surface exhibits deterioration and cracking, especially down the center of the road. It is understood that it is expected that undergrounding of the overhead electrical utilities along the road would occur prior to any physical road improvement construction.

During the Preliminary Assessment phase, the residents and City staff decided on a minimal roadway section shown in attachment A. The roadway section includes roadway pavement reconstruction, rolled curbs, catch basin and retaining wall at Racetrack View Drive.

Scope of Services
Phase 2: Road Improvement Design, Construction Documents, and Easement Acquisition Documents
The purpose of the Phase 2 work will be to prepare the necessary designs, plans, and documents for the construction of physical improvements to the private section of San Dieguito Road. This task would include 1) preparation of Roadway Improvement Drawings and Contract Documents for the improvement of the existing private road for acceptance by the City as a publiclymaintained road conforming to the Public Road Standards and Design Standards and 2) the necessary documents to enable the City to acquire necessary easements. The Phase 2 scope of work presented assumes only minor changes to the existing road horizontal and vertical profiles and alignments are required. If Phase 1 work concludes that more than minor changes are required in order to improve the road to a condition suitable for acceptance by the City as a publicly-maintained road, the scope of the Phase 2 work proposed would need to be re-evaluated.

This scope has been prepared in response to the City’s request presented at our meeting on Thursday, August 17. In accordance with this request, MBI will provide City Engineering and Land 16 September 5, 2023 Item 18
Private San Dieguito Drive Improvement Project Page
3 33
Surveying Services in accordance with the existing As-Needed Professional Services Agreement.

The following scope has been developed based on our knowledge of the area, our understanding of the City’s needs, and on our experience with similar projects. The scope is broken down into a total of eight (8) Tasks:

Task 1: Utility Mark-Outs and Potholing
Exhibits will be prepared to determine potholing locations needed for utilities conflicting with proposed road improvements. Contractor team will then coordinate and perform potholing to locate utilities conflicting with the proposed storm drain lateral alignments and provide the updated elevation and invert information to the City to update the storm drain drawings as appropriate.

The scope assumes three (3) pothole locations. This task should be based on prior approval from the City Engineer. Subconsultant will provide traffic control and obtain encroachment and traffic permits prior to the work. Pavement resurfacing will be in accordance with San Diego County Design Standard drawing DS-22 or San Diego Regional Standard Drawing G-24A.

Deliverables
Proposed Utility Mark Out Exhibit to determine potholing priorities. Potholing and report for up to three (3) pothole locations. PDF file formats.

Task 2: Geotechnical Assessment
MBI will provide a geotechnical investigation and Geotechnical Report in support of MBI design services. The assessment will include an evaluation of the geotechnical issues affecting the proposed development. The geotechnical investigation will include exploratory borings to maximum depths of 30 feet below existing grade to assess the general site ground conditions as well as obtaining cores of the existing pavement sections and drilling shallow borings along the road alignment to evaluation the existing road subgrade conditions. The results of the exploratory borings, coring/drilling, and laboratory tests conducted on soil samples obtained from the investigations together with geotechnical analyses will inform the geotechnical site assessments, which will be presented in a geotechnical report.

Deliverables
Geotechnical Engineering Report (PDF format). See attached sub-consultant proposal for specific scope to be undertaken for this task.

Task 3: Drainage Study and Drainage Report
MBI will undertake a roadway drainage study to support the project. The study shall develop preand post-project 100-year, 6-hour storm hydrology for on-site runoff and any required peak flow attenuation due to newly proposed impervious areas. Off-site run-on will be evaluated for existing drainage patterns and addressed per requirements in the City’s drainage ordinance.

Hydrology will be developed using appropriate methods, as dictated by the County of San Diego Hydrology Manual. Since the project area is under 1 square mile, hydrology calculations will be performed using the Rational Method/Modified Rational Method per County of San Diego Hydrology Manual standards. Hydraulic calculations will be performed to establish preliminary sizing and location for proposed drainage improvements such as rolled berms or dikes, storm drainpipes, culverts, inlets, gutters, and riprap based on City construction and design standards.

The findings, conclusions and recommendations resulting from the study will be incorporated into a draft Drainage Report issued to the City.

Comments provided by the City on the draft Drainage Report will be used to revise the report until 17 September 5, 2023 Item 18
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approval is obtained. One meeting between MBI and the City is assumed to discuss the response to comments and future report updates. A total of one iteration of response/comments is assumed to address any necessary changes to the drainage design.

Deliverables
Drainage Report (PDF Format)
Task 4: Storm Water Quality Management Plan (SWQMP)
A site‐specific Storm Water Quality Management Plan (SWQMP) to be submitted to the City for preliminary review. The report shall address applicable water quality treatment requirements for the project site, as outlined in the current regional Municipal Separate Storm Sewer System (MS4) Permit (Order No. R9-2013-0001, as amended by Order No. R9-2015-0001 and R9-2015-0100).

Depending on the size and nature of the proposed improvements, the level of effort for stormwater treatment varies.

It is assumed that the project will require a Priority Development Project (PDP) SWQMP without a Hydromodification Management Plan, as it is assumed the project will be exempt due to meeting the EPA Green Streets requirements. Therefore, the SWQMP shall be prepared using the City’s Priority Development Project (PDP) template. PDPs are required to treat for pollutants, peak flow mitigation, and hydromodification for non-exempt areas. The PDP SWQMP will be prepared and submitted to the City for review and comment. One meeting between the MBI and the City is assumed to discuss the comments and future report updates. A total of one iteration of response/comments is assumed to address any necessary changes to the storm water treatment plan.

Deliverables
A preliminary SWQMP (PDF Format) submitted to the City for review together with the 60% Construction Documents, and a signed and stamped SWQMP (PDF Format) submitted with the 100% Construction Documents (see Task 11).

Task 5: 75%, and 100% Construction Documents
MBI will prepare 75% and 100% Construction Documents. These plans, details, cost estimates and specifications will be prepared in compliance with City standards. The Construction Documents will be submitted to the City for review at 75% and 100% design completion. The 100% Construction Documents will be stamped by a professional civil engineer registered in the State of California. Plan view sheets will be prepared at 1” =20’ scale together with associated construction plan and detail sheets in AutoCAD format using the City’s title block. Following each submittal, comments provided by the City will be incorporated into the next construction document submittal.

Based on discussions with the City, it is assumed that no sidewalks or roadside paths, no curb and gutter, and no drainage improvements (other than rolled AC berms and roadside swales) will be included in the design. Minor standard drawing retaining walls of no more than three feet in height and totaling no more than 50 feet in cumulative length have been assumed in the design.

It is assumed that the road improvements will meet EPA Green Streets standards, such that the improvements will be exempt from hydromodification requirements.

It is assumed that the roadway will be reconstructed utilizing full depth reclamation or complete rebuild methods.

MBI will prepare a maximum of (12) plan sheets, including the following:
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TITLE SHEET
A Title Sheet showing the project name, vicinity map, location map, project address, project directory, sheet index, and pertinent standards for the Contractor to follow.

TYPICAL CROSS SECTIONS
A plan showing the existing and proposed typical road cross sections.

DEMOLITION PLAN
A plan showing the existing site features to be removed and those to be protected in place.

LAYOUT
Layout plan sheets for the project showing the new asphalt roadway, retaining wall, alignments, pavements, drainage improvements, and driveways.

PROFILE
Profile sheets showing the existing and proposed road profile together with offsets to selected pavement surface features.

GRADING PLAN / DETAILS AND CROSS-SECTIONS
A precise grading plan sheet for the project. The plan will include new asphalt roadway, retaining wall(s), spot elevations, proposed contours, and slopes.

CONSTRUCTION DETAILS
Sheet(s) showing construction details associated with the road improvements.

RETAINING WALL PLAN AND DETAILS
A retaining wall plan showing wall alignment(s), elevations view, typical cross section, and details for the support of the roadway improvements. A County of San Diego Design Standards or San Diego Regional Standard Drawings typical retaining wall will be utilized for the proposed site improvements and incorporated into the retaining wall plan and details.

STORM DRAIN
A Storm Drain plan and profile sheet, and a sheet showing construction details associated with the storm drain improvements.

DRIVEWAY DETAILS
A driveway detail plan sheet showing the construction details and elevations associated with reconstruction of private driveways.

EROSION AND SEDIMENT CONTROL PLAN
An erosion and sediment control plan showing BMPs to be installed for the control of stormwater erosion at the site.

TRAFFIC HANDLING PLAN
A plan showing the assumed order of construction and traffic control features assumed for construction of the road improvements.

CONSTRUCTION AREA SIGNS AND DETOUR PLAN
A plan showing the placement of construction area signs and traffic detours required during construction of the road improvements.
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MBI will also prepare technical specifications and a construction cost estimate:

TECHNICAL SPECIFICATIONS
Specification Special Provisions portions of the construction specifications suitable for bidding and awarding of the Contract for the improvements designed by MBI. The specifications will be prepared in the 2021 “Greenbook” Standard Specifications for Public Works Construction format. The City will prepare Part 1 of the “Greenbook” and the bid documents. MBI will submit the specifications in Microsoft Word format.

CONSTRUCTION COST ESTIMATE
An Opinion of Probable Construction Costs based on the Construction Documents. The construction cost estimate will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. Unit costs will be based on the most current cost information from recent, similar projects compiled by MBI using California Prevailing Wage.

Deliverables
The deliverables for this task will be:
• 60%, 90% and 100% Design Plans, with the 90% and 100% submittals including a comments matrix presenting MBI’s responses to City comments received on the prior submittal.
• Opinion of Probable Construction Costs and Technical Specifications submitted with the 90% and 100% Design Plans, with responses included in the comments matrix.

Following each submittal, comments provided by the County will be incorporated into the next Construction Document submittal. A response to comments will be provided with every submittal in electronic format.
• Stamped Structural Calculations with the 100% Design Plans 60% and 90% Design Plans will be in PDF Format. 100% Design Plans will be signed and stamped submitted in PDF Format. Technical Specifications will be in Microsoft Word format, and Opinion of Probable Construction Costs will be in Microsoft Excel format. All other submittals will be either in Microsoft Word, Microsoft Excel or PDF format. Plans will be formatted in D sheets.

Task 6: Record of Survey Map
MBI will prepare a Record of Survey map in accordance with CA BPC 8762 to be filed and recorded with the Recorder.

Deliverables
Recorded Record of Survey map (formatted in D sheets, PDF Format).

Task 7: Easement Acquisition Legal Descriptions and Plats MBI will prepare legal descriptions and associated plats for up to 16 parcels for the support of City easement acquisition of the private section of San Dieguito Drive. Title report review and plotting is included. The scope assumes that negotiation and easements acquisition, including recording of documents will be undertaken by the City.

Deliverables
Legal descriptions and associated plats, signed and stamped by a professional land surveyor (PDF format) for up to 16 parcels.
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Task 8: Project Management & Meetings
MBI will provide general project management and project correspondence for the project with monthly progress reports during project design phases or active months thereafter, including a description of work complete, a description of work remaining, and a summary of expenditures to date. Also included are typical project correspondence and communications for an assumed six months.

MBI shall meet with and coordinate items related to the scope of work with the City Public Works Department and design team members through concept and design phase of project. This item shall include preparing meeting agendas, organizing the meetings, and preparing meeting minutes as appropriate. A total of up to two (2) meetings are assumed in this scope.

Deliverables
The deliverable for this task will be monthly progress reports, meeting agendas, and meeting minutes in print and electronic formats for approximately six months.

Assumptions Used in Scope Development
• Permitting services and permitting support consultation is not included, including, but not limited to, discretionary permitting, CEQA, and studies in relation to environmental assessments or CEQA.
• No meetings with individual property owners are included in this scope of work. • Undergrounding of SDG&E utilities along the private section of San Dieguito Drive will occur prior to commencement of the services described herein. • Water system design is not included in the scope of services described herein. • Estimates and Specifications (except for as specifically discussed in this proposal) are not included in the scope.
• Payment of fees related to permit processing by the City is included in the cost estimate for any permits required to undertake any of the services described herein. • The City will provide water line and sewer line design plans and as-built drawings. City will also provide historic as-built utility plans, topographic maps, and geotechnical reports (if available) pertaining to existing City-owned utilities or facilities that are located in the immediate vicinity of the project alignments. This information will be used to supplement the fieldwork as appropriate.
• Scope does not include sidewalk, ADA ramp, or ADA-compliant driveway design. • MBI will be responsible for coordinating permission from the private property owner(s), if required, for geotechnical soil borings. MBI will coordinate and City will execute a County DEHS “Property Owner Responsibility Acknowledgment” form to accompany a water well permit application submission to the County to obtain a permit to conduct geotechnical exploratory borings. If private property owner(s) refuse to provide MBI permission to undertake any required geotechnical soil boings, or if coordination with any one private property owner takes in excess of two (2) hours, or if legal counsel/action is incurred, such services will be performed as additional services for an additional fee; MBI will only provide additional services upon authorization from the City via an approved Task Order Amendment.
• No other regulatory agency permits beyond the County’s DEHS water well permit will be 21 September 5, 2023 Item 18
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required to perform the geotechnical soil borings.
• Testing for soluble heavy metal concentrations or other potential environmental contamination will not be conducted. If potential environmental contamination is encountered during soil disturbing activities, work will cease immediately, and MBI will contact the City for direction. Containment and/or disposal of any potential contaminated soils or groundwater is excluded from the scope of services. • For cost estimating purposes, MBI has assumed that this project is subject to compliance with State of California prevailing wage requirements (e.g., potholing, sewer laterals utility investigation, geotechnical field activities).
• All Biological reporting and monitoring services are assumed to be completed by the City.
• All Paleo/ Cultural/ Archaeological reporting and monitoring services are assumed to be completed by the City.
• All CEQA/ Environmental Planning services are assumed to be completed by the City. • The identification of Temporary Construction Easements (TCE) and acquisitions to be identified on the improvement plans will be provided by the City. • The City will prepare the front-end documents for the specifications. • City will take the lead on bidding the project for construction. Bidding support services are not included in the scope described herein.
• Structural Testing Services is excluded.
• MBI will provide public outreach meeting supplies as described in Task 3, but presentations delivered by MBI staff and outreach to the public by MBI staff are not included in the scope of services described herein.
• Acquisition of right-of-way and/or Temporary Construction Easements (TCE) as well as acquisition consultation services are not included
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Fee Estimate
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following fee estimate:

ITEM WORK TASK FEE
Task 1 Utility Mark-out Potholing (if necessary).................................................. $5,900.00 Task 2 Geotechnical Assessment (Incl. 10% Michael Baker Markup).............. $30,000.00 Task 3 Drainage Study and Drainage Report .................................................... $9,000.00 Task 4 Storm Water Quality Management Plan (SWQMP) .............................. $10,000.00 Task 5 Construction Documents....................................................................... $42,000.00 Task 6 Record of Survey Map ........................................................................... $7,000.00 Task 7 Easement Acquisition Legal Descriptions and Plats ........................ $41,000.00 Task 8 Project Management and Meetings...................................................... $8,000.00 Misc. Expenses...................................................................................... $2,500.00 ESTIMATE TOTAL $155,400.00
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Schedule
Michael Baker will provide project submittals in accordance with the following schedule:
• 100% Construction Documents – 130 business days after receipt of City’s approval of revised Phase 2 scope of work and Notice to Proceed (assuming no more than 15 business days for City’s review and provision of a review comments at each submittal stage).

Start of work will occur upon receipt of the items outlined below:
• A fully executed agreement between Michael Baker and the City for the work described herein.
• Access to the Site.
• A formal Notice to Proceed from the Client by email or other written method. 24 September 5, 2023 Item 18
5050 Avenida Encinas, Carlsbad, CA 92008
Phone: (442) 287-5725 ·MBAKERINTL.COM

ATTACHMENT C
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San Dieguito Drive (Private) – Existing Conditions Photos

ATTACHMENT C
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ATTACHMENT D
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CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
114 COMPLETE STREETS
DATE ADOPTED: 10/16/2017
BY RESOLUTION: 2017-65
PAGES: 1 OF 13

COMPLETE STREETS POLICY

EXECUTIVE SUMMARY
The City of Del Mar Complete Streets Policy seeks to direct future Del Mar mobility projects with the goal of creating a safe, balanced, multimodal street system to allow everyone to safely travel within Del Mar regardless of age, ability or mode of travel. “Complete Streets” is a term used to define streets designed and operated to enable safe access for all users, and accommodate people of all ages and abilities, travelling by all modes, including walking, biking, using public transit, and driving cars, commercial or emergency vehicles. In short, Complete Streets is the term given to the concept of a street that provides safe, comfortable, and convenient access for everyone, no matter who they are or how they travel. Del Mar’s Complete Streets Policy also contains elements of “Green Streets”, a means of reducing stormwater in traditional collection systems and treating stormwater runoff through more natural filtration processes, close to its source.

The Complete Streets Policy identifies policies, procedures and actions the City or its designees and applicants, will undertake when addressing any planning, design, implementation, or construction project that involves roadways, pathways or other components of the mobility network.

POLICY
Vision & Intent
The Del Mar Community Plan, adopted in 1976 by a vote of the City residents, established the precedence for a Complete Streets Policy with Community Plan Goal 2:
“Minimize the impact of the automobile on the character of Del Mar and emphasize a more pedestrian oriented environment, safer sidewalks, landscaped buffer zones, and alternative means of transportation.”
The Community Plan, under this goal, identified six objectives and numerous policies to encourage a pedestrian-oriented, non-motorized community by 1) developing a system of bicycle rights-of-way and pedestrian paths, and discouraging high speed traffic along city streets; 2) facilitating the movement of traffic in a safe and uncongested manner consistent with a pedestrian-oriented community, 3) encouraging alternative solutions to the transportation needs such as local transit, delivery systems and regional rapid transit; 4) reducing the level of noise created by major transportation routes; 5) minimizing air pollution by encouraging alternatives to the use of the automobile; and 6) reducing transportation related sources of water pollution, particularly in stormwater runoff1. 1 Del Mar Community Plan, Goal 2: Goals, Objectives, and Policies

ATTACHMENT E
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CITY COUNCIL POLICY BOOK
114 COMPLETE STREETS
DATE ADOPTED: 10/16/2017
BY RESOLUTION: 2017-65
PAGES: 2 OF 13
Although written decades before Complete or Green Streets legislation, the Community Plan clearly embodies the elements of Complete and Green Streets and forms the community vision for the mobility network in Del Mar.

This policy is intended to guide achievements of Community Plan objectives by directing citizens, elected officials, government agencies and their staff, developers, planners, engineers, and architects to use an interdisciplinary approach that incorporates the needs of all users into the design and construction of roadway, trail or other circulation projects.

Context
The City of Del Mar and its transportation network are primarily built out. The transportation network consists of arterial streets with pedestrian sidewalks and bicycle lanes, residential streets, open space pathways, and one transit route. While the land use is primarily built-out and mainly consists of single-family residential dwellings, there are limited areas where redevelopment is occurring and areas with gaps in connectivity, primarily for the pedestrian and bicyclist. The City’s transportation network accommodates both vehicular destination traffic (to residences, commercial and visitor serving areas) and through-traffic (primarily along Camino del Mar). Cyclists include both recreational and commuting bicyclists; and pedestrians include residents, visitors, recreationalists, elderly and mobility-challenged pedestrians. Transit is limited to one north-south bus route along Camino del Mar, and while the train traverses through the city, there is no current stop within Del Mar.

Community Plan Consistency
This Complete Streets Policy is consistent with and directly stems from the Community Plan Goals. To this extent, the policy provides directives and design guidance associated with transportation safety, multimodal network planning, context-sensitive design, and network connectivity to encourage a pedestrian-oriented, non-motorized community as defined by Community Plan Transportation Objectives. Furthermore, the policy’s application of stormwater management and vegetated streetscape elements facilitate Community Plan directives pertaining to the prudent use of water resources by natural landscaping; improvements to local air and water quality; and the enhancement of community warmth, charm, interest, texture, and village aesthetic. Specific policies and objectives from the Community Plan are identified throughout this policy in italicized parenthesis, E.g. (Community Plan Goal 2. Transportation Objective A). 29 September 5, 2023 Item 18

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CITY COUNCIL POLICY BOOK
114 COMPLETE STREETS
DATE ADOPTED: 10/16/2017
BY RESOLUTION: 2017-65
PAGES: 3 OF 13
Del Mar Climate Action Plan
The City of Del Mar’s adopted Climate Action Plan (2016) (CAP) identifies a Complete Streets approach as a means of moving towards a more multimodal balance of transportation choices within the community. Per the CAP, the transportation sector accounts for 17 percent of the City’s greenhouse gas emissions (GHG) based on trips that start or end in Del Mar. CAP Measure T3 calls to:
“…(r)etrofit Major Corridors to be ‘Complete Streets’: Consider every transportation mode and user when designing streets, and incorporate multimodal design principles in all projects.”
The aim of this measure is to contribute to the reduction of GHG emissions by reducing vehicle miles traveled (VMT) and fuel use by passenger vehicles of residents, visitors, and employees in Del Mar, especially for vehicles that run on fossil fuels. This Complete Streets Policy is a means to implement a multimodal transportation network that contributes to the reduction of greenhouse gas emissions by lowering atmospheric carbon concentrations and improving public health as identified by the CAP.

California Complete Streets Act (AB 1358)
The California Complete Streets Act of 2008 (Assembly Bill 1358) requires cities and counties in California to include Complete Streets policies as part of their General Plans.

The legislation enables the State’s commitment of reducing greenhouse gas emissions through the context of regional and municipal governance while collectively ensuring roadways are designed to safely accommodate all users.

Del Mar’s Community Plan incorporates transportation, community development, and environmental management policies that, while they predate the Complete Streets Act, are fundamentally consistent in terms of Community Plan’s goals and objectives. This Council Policy expands on the implementation of referenced Community Plan goals and fulfills AB 1358 intent by establishing more detailed direction to implement Complete Streets than would be provided in the context of the Community Plan alone.

SANDAG Regional Complete Streets Policy
The San Diego Association of Governments (SANDAG) has adopted a Regional Complete Streets Policy, “…because it is a process of ensuring the transportation system is safe, useful and attractive for all users of the transportation network…” . SANDAG provides the “Local Complete Streets Sample Checklist” (Attachment A) for jurisdictions to assess whether transportation projects plan for and accommodate all modes of travel to the extent warranted. In 2017, SANDAG also identified a local Complete Streets Policy as a prerequisite for grant funding.
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DATE ADOPTED: 10/16/2017
BY RESOLUTION: 2017-65
PAGES: 4 OF 13
Del Mar Stormwater Management Program
Del Mar’s transportation network is also a component of the primary stormwater conveyance system. As such, the City shall consider provisions such as landscaping and pavement modifications in the public right-of-way as opportunities to implement stormwater collection and filtration systems appropriate to the local hydrological context.

Considering Del Mar’s geographical setting within the San Dieguito and Los Peñasquitos watersheds and adjacent to the Pacific Ocean, the City shall institute improvements that mimic natural hydrological processes in order to improve and preserve air and water quality. Elements of this stormwater management approach, in terms of streets, are defined as Green Street principles.

Application
This Complete Streets Policy applies to transportation improvements in the public rightof-way, streets on private property, and development review of private major (and minor) encroachments in the public right-of-way. Whether they be new improvements, retrofits, or maintenance efforts, Complete Streets principles shall be considered and implemented during the design phase and construction process of all transportation projects, including planning, programming, design, right-of-way acquisition, subdivision land development, new construction, construction engineering, reconstruction, operation, repair, and maintenance. Any redevelopment, improvement, modification or maintenance of the transportation network under a Complete Streets approach should respect the character of Del Mar while providing safe and convenient access to resources throughout the community.

Policies
Complete Street Policies are divided into eight (8) categories:

1. Process & Procedures

2. Users and Modes

3. Street Network

4. Street Design

5. Green Streets

6. Implementation

7. Performance Measures

8. Exceptions
Each policy section first states the intent and then the policies and related actions.

References are provided at the end of this Council Policy. 31 September 5, 2023 Item 18

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1. Process & Procedures: The intent of policies regarding the process and procedures is to ensure that all mobility projects receive the appropriate level of scrutiny and review. The City of Del Mar recognizes that Complete Streets may be achieved through single elements incorporated into a particular project and/ or incrementally through a series of smaller improvements and maintenance activities over time.

1.1. Complete Streets policies, in guiding transportation improvement projects, shall be utilized only when the application is determined consistent with Del Mar’s Community Plan.

1.2. Apply Complete Street policies to all mobility projects: Complete Street policies will apply to development entities who may be constructing private or public streets; to the City as it retrofits existing streets; and to other agencies developing mobility infrastructure within Del Mar.

1.3. Incorporate Complete Street principals into early land use planning: All mobility planning or implementation projects shall be reviewed against Complete Street principals and the policies outlined in this Council Policy. This review shall take place during the planning phases and be presented as to its consistency with this Council Policy in any discretionary or legislative review actions.

1.4. Review and Update Complete Street Policies as needed: Complete Street policies will be reviewed at a minimum of every ten years, or with any Community Plan Circulation Element amendment. The review shall include an assessment of performance measures. Following this review, the City Council may direct changes to this policy.

2. Users and Modes: The intent of user and modal policy is to ensure that the needs of all potential users are included in the planning, design, operation, and maintenance of streetscape elements to provide safe and efficient mobility for all users of the community’s transportation network regardless of age or ability.

2.1. Application of the Del Mar Complete Streets Policy directs City Council, City Management, and City staff to consistently plan, design, construct, and maintain streets to provide travel options for a spectrum of anticipated user modes including, but not limited to, pedestrians, mobility-challenged persons, bicyclists of varying skill levels, transit riders, motorists, delivery and utility providers, and emergency response vehicles.
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2.2. The type and range of modes accommodated is expected to differ due to physical space constraints and varying modal demand relevant to each project’s context. When there are conflicting needs among users and modes, Community Plan objectives shall be facilitated through the following prioritization: 1) above all, safety is paramount, followed by mobility; 2) among modes, pedestrians shall come first citywide (Community Plan Goal 2.

Transportation Objective A), followed by the next most vulnerable types of users; and finally, 3) seek balance among all modes involved.

3. Network: A network approach ensures that all projects facilitate an integrated, comprehensive network that completes connections of all pathways, roadways and travel ways.

3.1. Provide and maintain safe, connected and convenient bicycle and pedestrian mobility along the arterial corridors of Camino del Mar, Jimmy Durante Boulevard, and Via de La Valle.

3.2. Discourage high speed traffic along city streets and prioritize safety provisions between active transportation modes (bicyclists and pedestrians) and automobile traffic with infrastructure elements such as continuous, protected bicycle lanes and sidewalks, traffic calming features, improved intersections/midblock crossings, and street lighting/reflectors. (Community Plan Goal 2. Transportation Objective A).

3.3. Connect all elements of downtown in a way that reduces pedestrian conflicts with the automobile and establishes alternatives to the use of the vehicles for visitor and residential access (Community Plan Goal 4. Community Development Objective C. Policy 4).

3.4. Provide a continuous north-south bicycle network through the community (Community Plan Goal 2. Transportation Objective A. Policy 3), by maintaining an unobstructed, multimodal corridor along the Camino del Mar thoroughfare, and establish connectivity to adjacent pathways at the City’s borders. This type of accommodation shall coordinate with long-range planning of a regional multimodal network, providing opportunities for residents and visitors to exercise carbon-neutral travel methods through Del Mar.

3.5. Preserve and improve pedestrian access to and along beaches, sea cliffs, parks, and walking paths by completing connections of bicycle and pedestrian pathways through the use of all public rights-of-way and prescriptive public easements (Community Plan Goal 2. Transportation Objective A. Policy 5). 33 September 5, 2023 Item 18

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3.5.1. Integrate trail links between the fabric of streets and roadways to provide residents with a more direct and convenient accessway to services, open spaces, playfields, parks, and beaches.

3.5.2. Pursue the creation of a coastal pedestrian trail along the railroad right-ofway with safe crossings.

4. Design: The intent of design policies is to ensure a contextually sensitive approach to the design of the transportation system. Implementation shall reflect the context and character of the community’s overall surroundings including the natural environment, current and planned buildings and land uses, demographics, street functions, and current and expected transportation needs.

4.1. Assure continuing public participation in street planning and design and utilize citizen participation in the developmental processes of streetscape projects (Community Plan Goal 6).

4.2. Reference and institute the best and latest design guidance, standards, and recommendations available to maximize design flexibility and innovation.

Design solutions should balance user and modal needs while enabling environmental remediation and protection opportunities.

4.3. Prioritize a pedestrian-oriented network to enhance the community’s walkability. Streetscape elements that facilitate this type of mobility may include wider sidewalks, reductions in road width and construction of separation between travel modes to discourage high-speed vehicular traffic along City streets and limit conflicts between automobiles and pedestrians.

4.4. Bicycle Design: enhance designated pathways for cyclist along arterial roads; encourage separation from vehicular traffic and the use of traffic calming measures to create safe pathways for cyclists of varying abilities and confidence.

4.5. Although pedestrian and bicycle mobility are prioritized, roadway improvements should maintain consideration for the movement of all types of traffic in a safe and regulated manner (Community Plan Goal 2. Transportation Objective B).

4.6. Maintain a clear understanding of a project’s context, integrating community values and environmental implications into roadway design decisions to 34 September 5, 2023 Item 18

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preserve and enhance scenic, aesthetic, historic, and environmental resources while improving and maintaining pathway safety and mobility.

4.7. Design processes shall consider street design and width, desired operating speed, right-of-way availability, and connectivity to destinations to remediate modal imbalances. Design criteria should not be purely prescriptive and, instead, should be based on the thoughtful application of engineering, architectural, and urban design principles.

4.8. Adapt design criteria and streetscape accommodations over time to consider emerging transportation technologies such as vehicle charging, rideshare programs and autonomous vehicles.

4.9. Streetscapes shall provide adequate space and placement to integrate multifaceted design solutions for both transportation improvements and stormwater management, e.g. a biofiltration swale positioned within an existing street median enhances pedestrian mobility by providing refuge for midblock crossings, improves streetscape aesthetic, and manages stormwater flow while capturing runoff contaminates.

5. Green Streets: The intent of a green streets approach to street design, also known as green infrastructure, is to reduce and treat stormwater close to the source to realize the following benefits: improved water quality, increased groundwater infiltration, carbon sequestration, runoff reduction, erosion control, and aesthetics.

5.1. All mobility planning or implementation projects shall be reviewed by the Clean Water Manager at its onset to identify opportunities for incorporation of low impact design stormwater management techniques. All landscaped areas in any street project shall be evaluated for its ability to serve as bioretention or infiltration and implemented as such unless such conditions are not favorable for stormwater management.

5.2. Subsequent to Regional Water Quality Control Board objectives, the City shall design and construct small-scale, decentralized stormwater management facilities that infiltrate, evaporate, transpire, filter, store, or detain runoff within relatively close proximities to pollutant sources.

5.3. As directed by the Community Plan, natural landscaping, requiring little watering is encouraged in the design and construction of vegetated streetscape elements to promote prudent use of water resources (Community Plan Goal 1. Objective M).
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5.4. For stormwater infrastructural development where adequate space and the need for stormwater mitigation are present, the City shall reference the best and most recent management practices such as Caltrans Stormwater Management and Biofiltration Design Guidance manuals and California Stormwater Quality Association (CASQA) Best Management Practices (BMP) handbooks. These documents emphasize the use of bioremediation techniques to filter and remove surface contaminants through natural vegetative processes.

5.5. All landscaped areas in any street project shall incorporate street trees to mitigate surrounding temperature, sequester carbon and improve air quality.

5.6. Materials used for sidewalks and parking should utilize permeable pavements wherever feasible in order to infiltrate stormwater back into the groundwater.

5.7. Green streets shall have a component of education to inform the public of its role in stormwater management. This shall be established on a project by project basis as appropriate for that level of project.

6. Implementation: The City of Del Mar shall integrate Complete Streets principles and environmental consideration into everyday transportation decision-making practices and development processes. To this end, the policy shall be implemented through the following directives:

Departmental Procedures:

6.1. All City departments shall incorporate Complete Street principles and policies into development and review of all plans, manuals, procedural documents, rules, regulations, and programs as appropriate.

6.2. City departments shall review and update current design standards, including subdivision regulations which apply to new roadway construction, to reflect the best possible design standards and guidelines.

6.3. The City should amend existing performance measures and collective data documents affiliated with Del Mar’s transportation characteristics and CAP objectives to include objectives within Complete Streets implementation.

Updated measures shall determine how well the network serves all users while instituting community health and greenhouse gas mitigation measures associated with CAP and State-mandated goals.
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Operations:

6.4. The City’s appointed discretionary review bodies, including the Design Review Board and Planning Commission, shall utilize Complete Streets policies as adopted herein during appropriate discretionary reviews. The City’s Advisory Committees to the City Council shall utilize Complete Streets policies when providing input on projects in their purview.

6.5. The City should use development tools and reference materials provided by SANDAG, Caltrans, and other transit operators such as guidance on best practices and innovation in street design, parking management strategies, stormwater best practices, incorporating bicycle and pedestrian access to transit stops and stations, traffic impact studies, and public engagement tools.

6.6. The City should utilize project development checklists provided by SANDAG throughout design and development processes of the transportation network to ensure projects result in Complete Streets (Attachment A).

6.7. The City should facilitate inter-departmental project coordination among entities interested in activities occurring in the public right-of-way to ensure efficient use of fiscal resources.

6.8. The City should coordinate and foster relationships with adjacent municipalities, private developers, and utilities (public and private) to further the Del Mar’s vision of a connected Complete Streets network, continuing beyond the City’s borders.

6.9. City staff should identify current and potential future sources of funding for transportation network improvements.

Education:

6.10. The City should encourage educational opportunities that allow community leaders and the public to establish an understanding of the Complete Streets vision and multimodal transportation opportunities. Information shall be made available through public documents on the City website and presented during project review.

6.11. The City should encourage staff professional development and training of nonmotorized transportation issues, Complete Street principles, and 37 September 5, 2023 Item 18

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environmental sustainability objectives through workshops, conferences, seminars, and reference materials.

6.12. The City shall seek to include an educational component in all Complete Street projects to ensure that all users of the transportation system understand and can safely utilize project elements and infrastructure in the public right-of-way.

Comprehension may be achieved through a variety of means, such as signage, design and/or public notifications.

7. Performance Measures: The intent of performance measures is to develop a system for assessing the results of the policies with each implementation project.

Because Del Mar’s undeveloped land is minuscule, implementation will primarily occur through small infill projects, City capital improvement projects, and other agency transportation projects. Performance measures should be established with each implementation project concurrent with its adoption or construction and reviewed at five years after implementation to more accurately measure the results. These results should contribute to the monitoring of the CAP as well as the Complete Streets Policy.

Targets for the performance measures should address, as applicable:

7.1. An increase in the number of pedestrians and bicycle ridership through and within the City.

7.2. An increase in the conversion of traditional stormwater infrastructure to low impact design stormwater features.

7.3. Reductions in local stormwater sediment and bacteria.

7.4. An increase in the number of linear feet of new and upgraded bicycle and pedestrian routes.

7.5. An increase in the number traffic calming features and vehicle speed in multimodal areas.

7.6. Amount of porous pavement implemented.

7.7. Improvements to transit facilities (bus schedules added; shade provided; accessibility improvements).

7.8. Reductions in reported conflicts between transportation modes. 38 September 5, 2023 Item 18

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7.9. A decrease in VMT below the CAP’s 2012 baseline for trips starting and ending in Del Mar 2.

7.10. A reduction of carbon emission output below the CAP’s 2012 baseline3.

8. Exceptions: All transportation projects in Del Mar are intended to be planned, designed and constructed for all foreseeable users; however, an exception to this standard may be warranted. A proposed exception will be reviewed as part of the discretionary approval process associated with the project (City Council, Design Review Board or Planning Commission, as appropriate). Exceptions must be documented with supporting data that indicates the basis of the decision and will be evaluated against the Community Plan objectives, this Complete Streets Policy, and Del Mar’s CAP. Exceptions may be appropriate in the following cases:

8.1. Where specific modes of travel are prohibited by law.

8.2. Where a proposed project for a limited access facility would cross a major barrier, for example the San Dieguito River or the railroad.

8.3. Where the cost of providing facilities for all travelers would be excessively disproportionate to the need or likely use through the life of the project. Cost analysis shall follow SANDAG’s Complete Streets policy guidance.

8.4. Where the facility is in conflict with the adopted Federal or State regulatory authorities and/or City of Del Mar Community Plan, Municipal Code, and the Local Coastal Program.

8.5. Where immitigable, detrimental environmental impacts outweigh the need for full accommodation of all travel modes.

8.6. Routine maintenance of the transportation network that does not change the roadway geometry or operations, such as mowing, sweeping, or spot repair.

Exceptions shall be reviewed as such, and not the norm or commonplace solution. -End-

2 Target of 178,855vehicle-miles-travelled per day or currently adopted CAP target. 3 Per the CAP, on-road transportation for both miles driven within Del Mar and miles outside of the Del Mar boundary for trips starting or ending in the community produced 4,921 MTCO2e and 27,003 MTCO2e (metric tons carbon dioxide equivalent) respectively for the 2012 baseline year. Cumulatively, greenhouse gas emissions from transportation activity makes up 57.1% of the community’s total emissions output. Subsequent updates to the CAP may set new targets.
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References: Best practices in policies, design criteria, sustainable development, standards and guidelines related to street design, and construction may be found in, but not limited to, the following materials:
- Caltrans Highway Design Manual
- National Association of City Transportation Officials (NACTO)- Urban Street Design Guide and Urban Bikeway Design Guide
- American Association of State Highway Officials (AASHTO) Guidelines - Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach
- Americans with Disabilities Act (ADA) Guidelines
- Public Right-of-Way Accessibility Guidelines (PROWAG) - San Diego Association of Governments (SANDAG) 2050 Regional Transportation Plan and Smart Growth Design Guidelines
- Main Street, California– A Guide for Improving Community and Transportation Vitality (3rd ed.)
- Complete Intersections: A Guide to Reconstructing Intersections and Interchanges for Bicyclists and Pedestrians
- Documents and plans created for and approved by the City of Del Mar, including but not limited to, the Community Plan and Climate Action Plan Attachments
Attachment A – SANDAG “Local Complete Streets Sample Checklist: A Tool for Local Agencies”
http://www.sandag.org/index.asp?classid=12&projectid=521&fuseaction=projects.detail SANDAG’s “Local Complete Streets Sample Checklist” does not prescribe specific design solutions for Del Mar’s transportation system. Rather, the document should be referenced to consider the context of regional transportation facilities as they apply to Del Mar.
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ATTACHMENT F
San Dieguito Drive - Phase 1 Engineering Assessment
Resident Questions & City Responses
September 5, 2023

PUBLIC ROAD STANDARDS, COMPLETE STREETS POLICY, AND COMMUNITY PLAN

1. Why is parking and sidewalk included in the conceptual designs for this project (legally required vs. City policy)?
The conversion of the private section of San Dieguito Drive to a public street requires bringing the street to public standards in accordance with the San Diego County Public Road Standards and Design Standards. The minimum necessary improvements were identified as rebuilding the roadway structural section and increasing the travel-way roadway width to a minimum 20’ width for fire access.

These improvements to public standards require the project to include street parking and a walkway to follow City Council Policy 114 - Complete Streets, which was adopted in 2017. The Complete Streets Policy follows Americans with Disabilities Act (ADA) regulations.

2. Why can’t San Dieguito Drive stay the same as many other streets in Del Mar that don’t have sidewalks and mandated parking spaces?
See response to question 1. Furthermore, other streets in Del Mar are already in the City’s public streets system and do not require further improvements to public standards. The other streets only require standard maintenance. Staff are recommending that the Council grant an exception to the Complete Streets Policy as further described in the agenda report for September 5, 2023, which would exempt the project from including sidewalks and parking.

3. How is this section of San Dieguito Drive classified as in the San Diego County Public Road Standards and Design Standards?
According to the County Public Road Standards and Design Standards, the road is classified as a Hillside Residential Street. A section is included in slide 3 of the presentation. There are multiple elements that go into determining the roadway classification (purpose, surrounding land uses, average daily traffic (ADT), and other characteristics).
a. This road is identified as a Non-Mobility Element Road which are roads that feed vehicular traffic onto the Mobility Element system of roads. They provide access to residential neighborhoods, commercial, or industrial areas.
b. The Average Daily Trip (ADT) is minimal on San Dieguito Drive and thus can be classified as Residential Road.
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ATTACHMENT F
c. Furthermore, the hillside characteristic of the road and steep grades further classify San Dieguito Drive as Hillside Residential Street.

Hillside Residential Street is the minimal section available for residential streets per the San Diego County Public Road Standards and Design Standards.

However, our initial alternatives further reduce the section by minimizing travel lanes from 12’ to 10’ for fire access, and parking from 8’ to 7’. The minimal alternative MBI has developed will further reduce the section by removing parking and sidewalk.

4. Are there provisions for flexibility or exceptions in the Complete Streets policy that could allow for less than full curb, gutter, walkway, and parking? Section 8 of the Complete Streets Policy provides exceptions which can be approved by the City Council. The City’s consultant has prepared a limited alternative for City Council to consider which provides the minimum 20’ of fire access (asphalt, rolled curbs, decomposed granite, and drainage improvements) with no formal parking or walkways. The alternative deviates from the Complete Streets Policy and would require approval of an exception from the Council. Staff feels an exception is warranted based on the standard alternatives posing issues with impacts to private properties because of the need to extensively widen the road, and ADA standards for a proposed walkway because of the steep existing slopes.

5. Did the City commit to funding or grant money obligations in adopting a Complete Streets policy? Do any such commitments constraint the City's current options?
The adopted Complete Streets policy meets the intent of the California Complete Streets Act of 2008 and SANDAG’s guidance materials related to the implementation of the policy. At the time the policy was adopted, it was noted as a prerequisite for grant funding eligibility. Contextual considerations of the community are applied to both pathway connectivity and design elements to integrate community and environmental values into roadway design decisions. The policy’s physical design objectives are non-prescriptive.

6. Is the Complete Streets policy part of the Community Plan? If not what is its binding status?
The Complete Streets document is a City Council adopted policy, which supports the City’s Climate Action Plan (CAP) as a strategy to help achieve the Cap’s greenhouse gas emission goals. While the overall intent of the Complete Streets policy is consistent with Transportation Goal 2 of the Community Plan, which seeks to “minimize the impact of the automobile on the character of Del Mar and emphasize a more pedestrian oriented environment,” the Complete Streets approach is primarily considered as appropriate for arterial roadways in Del Mar. 42 September 5, 2023 Item 18

ATTACHMENT F
The City’s residential streets are typically narrow and rural in character, resulting in slower traffic speeds that promote the desired outcomes of Complete Streets.

7. Can the trail in Crest Canyon be considered a pedestrian walkway in order to eliminate sidewalks?
The Crest Canyon trail is located in the City of San Diego, is not physically connected to San Dieguito Drive, and is separated from the roadway by residential development. This trail cannot be considered as an alternative to sidewalks or informal walking paths immediately adjacent to the improved street at San Dieguito Drive. However, the Minimal Alternative preferred by residents and recommended by staff does not include sidewalk.

8. If parking is required, what is the minimum number of parking spaces? There are no minimum parking requirements for the public right-of-way.

9. Are there any provisions in the Community Plan that dictate the scope of improvements that would be required for the City to accept the road into the public system? If the City wants to do less than that, would a CP amendment be required?
Neither the Community Plan nor the Del Mar Municipal code contain specific standards for the creation of a public street in the City of Del Mar. The City follows the San Diego County Public Road Standards and Design Standards. However, there are goals, objectives, and policies of the Community Plan and the City’s Local Coastal program encourage prioritizing bicycle and pedestrian access in areas near coastal amenities such as preserves and shorelines. The objectives and policies also encourage the maintenance of existing rural and natural characteristics.

SEWER FEASIBILITY

10.What is included (scope of work) in the estimated $1M for sewer? The sewer main is approximately 920 linear feet, which includes 200 linear feet of more expensive pipe due to not meeting 9’ minimum separation from the water.

The costs also include sewer manholes, private sewer lateral installation (wye, elbow, lateral and cap from main to property line), and septic abandonment.

Furthermore, a conservative 30% contingency was included at the conceptual design stage. It should be noted that Installation of sewer main on San Dieguito Drive could be included in the proposed road improvement project or as a future project, but would need to be privately funded by residents. 43 September 5, 2023 Item 18

ATTACHMENT F

11.Are the existing septic systems in this area "non-conforming?" What are the implications for folks who may in the future need to do a major remodel, tear down and rebuild, rebuild after fire, etc.?
Existing septic systems in the area would not be considered to be “nonconforming” as DMMC 22.20.020 requires (approved) private subsurface sewage disposal systems (i.e. “Septic”) when no public sewer is located in a public street, alley or easement within 200 feet of a lot containing a building.

12.Could lack of sewer in this area support a factual finding to deny more intense development under SB 9 or other similar laws based on potential health and safety problems?
Potentially, but this area is already ineligible for SB 9 development or urban lot splits in the Council-adopted ordinance due to its location within the Bluff, Slope and Canyon Overlay Zone, which is an implementing ordinance of Del Mar’s Local Coastal Program (LCP) due to the due to the sensitive coastal resources that exist in the vicinity.

13.If a septic system fails and isn't fixed (or can't be fixed) will the health department no longer allow human occupancy?
The Building Official has the responsibility and authority to regulate the built environment in the City of Del Mar to safeguard the public health, safety, and general welfare. As such, if a septic system serving a building used for human occupancy fails and, in the opinion of the Building Official, renders the building unsafe for human occupancy due to lack of sanitation or concern for the spread of disease, then the Building Official has the authority to "red tag" the building as unsafe for human occupancy and order evacuation of its residents and occupants. The Building Official would also coordinate with the County Department of Environmental Health in this process, as this department regulates septic systems throughout the County.

DRAINAGE

14.Why is a “crown” in the center of the road better than a “swale” in the middle of the road?
An inverted crown section with concrete ribbon gutter is typically reserved for lowspeed and low-volume alley sections per public road standards. Channeling stormwater to the center of the road may pose an issue for vehicles in the travel way especially on a public street with a higher speed and more volume than an alley. San Dieguito Drive carries more stormwater and at a steeper grade compared to the typical alley section, and there is a curve in the street which may pose an issue. To convey the stormwater from the center of the street to the existing drainage inlet near Racetrack View Dr, a cross gutter must be constructed, 44 September 5, 2023 Item 18

ATTACHMENT F
which may cause additional grading and an unfavorable driving experience near the curve.

A centerline crown with curb & gutter (vertical or rolled) on either side is better equipped to handle stormwater in most public streets. The crown diverts the stormwater from the travel way and essentially increases the drainage capacity by diverting to the gutters on both sides of the street. In addition, the gutters on the sides of the street better align with existing drainage infrastructure.

A centerline crown with curb & gutter allows for easier constructability and future maintenance of the asphalt by providing edges to pave against and a uniform asphalt section.

A centerline ribbon gutter may pose future utility challenges since the location overlays the existing water and proposed joint trench at different sections. Hence, accessing these utilities for maintenance or repairs will require replacing the ribbon gutter instead of just asphalt.

15.What happens when surface water headed straight downhill hits the curve in front of my house?
The design includes a roadway crown, curb & gutter, and drainage inlets and lateral at Racetrack View Drive. The surface water is captured by the curb & gutter and then to drainage inlets on both sides of the street. Phase 2 will include more detailed drainage analysis as part of the final design.

RESIDENTS PRIVATE MAINTENANCE

16.What would the residents be required to do if they repaired/improved the road on their own (no City participation), and continued to own and maintain the road themselves?
The residents can choose to privately repair the road and retain maintenance.

They would need to obtain an encroachment permit from the City prior to the commencement of work. The Complete Streets Policy does apply to private streets, so improvements done by residents would need to comply with the policy or qualify for and be granted an exemption by the City Council. There is an exception in the Complete Streets Policy, specifically 8.6, for routine maintenance that does not change the roadway geometry or operations.

17.What happens if the residents do nothing?
The road will further deteriorate should the residents do nothing to fix the road and will cause safety issues for all users. The residents are responsible for the maintenance of the road. (See additional information below under Easement/ Maintenance).
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ATTACHMENT F

EASEMENT / MAINTENANCE

18.Who is the grantor(s) of the easement--all the property owners affected? The grantor of the easements is the original private developer, Whitney Enterprises, to the private property owners.

19.Is the City the grantee of this easement?
The City was granted public road rights as part of the original grant of easement.

20.Are the residents above on Oribia grantees of the same easement? Oribia Road properties were granted public road rights as part of the original grant of easement.

21.Is the public a 3rd party beneficiary?
No, but the grant was for a public roadway.

22.Are there constraints on the City's ability to deal with the easement as a result?
The constraints are that there has to be a clear public benefit before the City can fund any improvements. The original grants of easements are not a constraint, the constraint is on public funding if there are only private benefits.

23.Is there a written easement document?
Yes, there are original easement grants. In order to transfer the easement to the City, new easement documents would be prepared.

24.Does the easement document specify anything about the rights and obligations of the grantor(s) and grantees, including as to maintenance? No, it does not.

25.Is there a prescriptive right in favor of the pubic for long-term usage? Or, does the easement make that usage "permissive?" I'm trying to understand if the City has 100% control over how to deal with this section of SD Road or if upstream grantees on Oribia have rights, or if there may be independent public rights not represented by the City?
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ATTACHMENT F
It is presently a public road and utility easement. The public will continue to have an unfettered right to use the road including the residents of Oribia once the City accepts the road into their street system.

26.Is it really necessary for property owners to dedicate their portion of the private road to the City, or can this be done through the existing or modified easement?
A new easement would need to be granted to the City. The best instrument is an easement for public road and utilities purposes. Modification of an existing easement can be done, but often comes with confusion decades from now, which should be avoided.

27.Who has the maintenance responsibility for Private San Dieguito Drive ("SDD")?
The private property owners have full maintenance obligations of the public road until or if the City accepts the road into the City roadway system.

28.Does the City have any maintenance responsibility for SDD? The City does not have routine maintenance obligations, unless the City damages a portion of the road while performing maintenance activities on City owned utilities.

29.Does the City have maintenance obligations independent of an easement document--arising from usage, as trustee for public use, or other? No, the City currently does not have any maintenance obligations.

30.Does the City have any liability for damages to SDD made by City owned assets or arising from City owned assets?
The City would only have liability if it was found that as a result of a negligently performed maintenance activity the City was the proximate cause of the damage.

31.Does the City have any liability for personal or property damages arising from the condition of SDD?
No, SDD is a public road that has not been accepted into the City roadway system.

The property owners are responsible for all liability resulting from the condition of SDD.
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ATTACHMENT F

ASSESSMENT DISTRICT / COST SHARING

32.Please describe by property ownership location the majority required to create a Special Assessment District for SDD?
The City does not have this information at this time. This would need to be determined by an assessment consultant as a potential next step in the process.

33.Can any property owner(s) on SDD constructively stop the creation of a Special Assessment District to repair SDD and its dedication to the city through a refusal to execute any releases or documents? Formation of a Special Assessment District requires a majority vote of the residents. Once an assessment district is properly formed; those property owners who oppose to the assessment district or its assessments cannot opt out.

34.What is the public use percentage of San Dieguito Drive? How will it be calculated?
The City worked with MBI to conduct some initial traffic assessments, which indicated that approximately 49% of the road use is for public purposes. This is just a first step to determining what percentage of road use is by the public. A technical memo from MBI summarizing the traffic data collection has been provided to residents and is available upon request from the City.

OTHER

35.What are the estimated paving costs associated with the SDD portion of the undergrounding project?
Design of UUD X1A (Crest Canyon) is currently underway, and engineering quantities and cost estimates have not yet been developed.

36.Can we see concept designs for individual homes?
The conceptual designs do show impacts to individual properties. The approximate width of improvement can be measured from the existing edge of road to proposed improvements. Phase 2 will include more detailed impacts to residents. 48 September 5, 2023 Item 18

Del Mar City CouncilSeptember 5, 2023

Del Mar City Council
September 5, 2023