Table of Contents
2023-10-16 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands
Item 4 - Finance Comm Appointment and Charter Amend
Item 5 - SCI Agreement for San Dieguito Drive Assessment Item 6 - ADU Regulations Ordinance
Item 7 - ADU Incentive Program Ordinance
Item 8 - Utility Undergrounding District Formation 1B
Item 9 - Appeal of EP22-101 (Initial Consideration)
Item 10 - ADU Amnesty Program
Item 11 - UP Update and TO Amendments UUDs 1A and X1A
Item 12 - 2024 Council Meeting Schedule
Item 13 - Expectations for Council Expression of Personal Views 10-16-23 2 10
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, October 16, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.
Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.
1. Approval of Minutes: September 29, 2023 Special Meeting, October 2, 2023 Special Meeting, October 9, 2023 Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated October 16, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Appointment to the Finance Committee and Amendment to Committee Charter Related to Membership
Recommended Action: The Council liaisons to the Finance Committee recommend that the City Council: 1) Reappoint Jeff Sturgis as a voting member to the Committee to serve a partial term of eighteen (18) months effective November 10, 2023, and ending on May 30, 2025; and 2) Adopt a Resolution (Attachment A) amending the Finance Committee Charter (Exhibit A to Attachment A) to reduce the Committee’s membership size from nine to seven members, which will be accomplished over time through attrition.
Reference: Clerk’s File No. 401-5
5. Agreement with SCI Consulting Group for Assessment Engineering Services for San Dieguito Drive Improvements
Recommended Action: Staff recommends the City Council: 1) Approve a $41,500 Agreement with SCI Consulting Group (SCI) to perform assessment engineering services for improvements to San Dieguito Drive (Attachment A); and 2) Authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 405-3, 406-1
IX. PUBLIC HEARING
6. Continued from October 2, 2023: Introduction of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program
Recommended Action: Staff recommends the City Council introduce the proposed Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter
30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) via Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).
Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
7. Continued from October 2, 2023: Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Implement Housing Element Program 2A (Incentives to Create Low Income Units) and Program 5A (Preservation of Existing Multi-Unit Housing)
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit Incentives Program to implement the certified Housing Element to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City.
Reference: Clerk’s File No. 303-1, 304-7, 401-4
8. Resolution Designating Utility Undergrounding District (UUD) 1B – Stratford Court North
Recommended Action: Staff recommends the City Council: 1) Conduct a public hearing and adopt the Resolution (Attachment A) designating a certain portion of the City between 11th Street to just north of 15th Street (L’Auberge Del Mar), west of Camino Del Mar to the coast, identified as Underground Utility District (UUD) 1B (Stratford Court North) subject to California Public Utilities Commission (CPUC) Rule 20 in accordance with Del Mar Municipal Code Section 23.54.030; 2) Allocate $445,000 in funding from the Measure Q Fund for the pre-construction activities for UUD 1B (Stratford Court North); 3) Approve a $439,747 Task Order (Attachment B) with Utility Specialists Southwest, Inc. to perform pre-construction services for UUD 1B (Stratford Court North); and 4) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1, 1001-2
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
9. Initial Consideration of an Appeal of the City Manager’s Approval of Encroachment Permit EP22-101
EP Appellant: Tanya Young and Michael McManus
Appellant’s Address: 919 Klish Way (APN: 300-263-20)
Recommended Action: Staff recommends that the City Council uphold the City Manager’s approval of Encroachment Permit EP22-101 (Attachment A) and not set the appeal for a de novo hearing.
Reference: Clerk’s File No. 802-1
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
10. Continued from October 2, 2023: Adoption of a City Council Policy to Implement Housing Element Program 2B (Accessory Dwelling Unit Amnesty Program to Create Affordable Units)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) establishing a new City Council Policy (Exhibit A to Attachment A) to implement a new amnesty program to create moderate and low-income affordable dwelling units as identified in Housing Element Program 2B.
Reference: Clerk’s File No. 303-1, 304-7
11. Undergrounding Program Update and Approval of Task Order Amendments with Utility Specialists Southwest, Inc. for Utility Undergrounding Districts 1A - Stratford Court South and X1A - Crest Canyon Pre-Construction Services
Recommended Action: Staff recommends the City Council: 1) Receive an update regarding the City’s Undergrounding Program; 2) Approve a $32,800 Task Order Amendment (Attachment A) with Utility Specialists Southwest, Inc. for additional pre-construction services for the Utility Undergrounding District 1A (Stratford Court South) Project; 3) Approve a $67,100 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional preconstruction services for the Utility Undergrounding District X1A (Crest Canyon) Project; and 4) Authorize the City Manager to execute the Task Order Amendments.
Reference: Clerk’s File No. 406-1, 1001-2
12. Adoption of the 2024 City Council Meeting Schedule
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2024 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.
Reference: Clerk’s File No. 401-1
13. Council Discussion Regarding Expectations for Councilmember Communications Related to Public Expression of Personal Views Recommended Action: Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to City Councilmember expression of personal views versus the City’s official position; and 2) Authorize Councilmembers Druker and Gaasterland to send a letter to the San Diego Association of Governments (SANDAG) Board confirming that the City has not taken an official position on an alignment alternative for the LOSSAN Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Rail Realignment Project; is not advocating for the rail to be discontinued; is not accusing SANDAG or its staff of illegal activity or fraud; and that the City Council strongly supports SANDAG’s public outreach and engagement efforts for the project.
Reference: Clerk’s File No. 401-1, 1506-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
November 13, 2023
Second Reading/Adoption of ADU Ordinance/LCPA, Including Provisions for Tiny Homes Second Reading/Adoption of ADU Incentive Program Ordinance (Uncodified) per Housing Element Program 2A
Lease Agreement Between NCTD and City of Del Mar for Parcel 299-100-3300 (Trailhead Parking Lot)
Resolution Reaffirming a Declaration of a Climate Emergency - Tentative Solana Center Regional Solid Waste Association Scope of Work for SB 1383 Support Services for the City of Del Mar
Award of Construction Contract for 2023 Water, Wastewater, Pavement, and Storm Drain Improvements Project
Introduction of Ordinance prohibiting the use, sale and distribution of balloons filled with a gas lighter than air - Tentative
EP23-073 Long-term Major Encroachment Permit for Fence and Hedges in the Right of Way at 157 6th Street (Code Enforcement Case)
Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new low-income beach parking pass program) - Tentative
Civic Center Operations Plan Update
Del Mar Guiding Principles for Rail Realignment
XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 11th day of October, 2023 at approximately 6:30 p.m.
Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us ___________________________________________ 10/11/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
SEPTEMBER 29, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 9:00 A.M.
ROLL CALL
Present: Mayor Tracy Martinez; Councilmembers Dave Druker and Dwight Worden
Absent: Deputy Mayor Quirk and Councilmember Gaasterland
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Personnel Matter
Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 10:40 A.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
1 October 16, 2023 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
OCTOBER 2, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 3:45 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
Gina Mattern v. City of Del Mar
Case No. 37-2023-00010313-CL-JR-CTL
Authority: Govt. Code § 54956.9(d)(1)
Reportable Action: None. Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.
B) Conference with Legal Counsel – Existing Litigation
Danielle Nicholas v. City of Del Mar
Case No. 37-2023-00010328-CL-JR- CTL
Authority: Govt. Code § 54956.9(d)(1)
Reportable Action: None. None. Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:10 P.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
2 October 16, 2023 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
OCTOBER 9, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:10 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Quirk, Councilmembers Dave Druker, Terry Gaasterland (arrived at 2:15 P.M.) and Dwight Worden
CLOSED SESSION
A) Public Employee Performance Evaluation
Title: City Attorney
Description: This item is being requested by the City Attorney seeking City Council guidance related to communications.
Authority: Government Code Section 54957
Reportable Action: None.
B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Personnel Matter
Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 3:10 P.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Dwight Worden, Council Liaisons to the Finance Committee
Prepared by Kseniia Izgarskaia, Associate Management Analyst DATE: October 16, 2023
SUBJECT: Appointment to the Finance Committee and Amendment to Committee Charter Related to Membership
REQUESTED ACTION/RECOMMENDATION:
The Council liaisons to the Finance Committee recommend that the City Council: 1) Reappoint Jeff Sturgis as a voting member to the Committee to serve a partial term of eighteen (18) months effective November 10, 2023, and ending on May 30, 2025; and 2) Adopt a Resolution (Attachment A) amending the Finance Committee Charter (Exhibit A to Attachment A) to reduce the Committee’s membership size from nine to seven members, which will be accomplished over time through attrition.
DISCUSSION/ANALYSIS:
The Finance Committee (Committee) serves as an advisory committee to the City Council and provides recommendations on City finances including the City’s operating and capital budgets, budget forecasts and trends in revenues, expenditures, project costs and cash flows; Annual Comprehensive Financial Report (ACFR); Pension Reserve Policy and annual contributions to the Pension Reserve Fund; and other assignments from the Council, such as long-term financial planning, rate studies/fee assessments, and sources of possible revenues. Currently, the Committee Charter provides that the Committee consist of nine members who are well versed in financial matters, at least eight of whom must be residents of Del Mar.
Partial Re-Appointment to the Finance Committee
There are two upcoming vacancies on the Committee due to the expiring terms of members Jeff Sturgis and Tom Tullie on November 9, 2023. Both members are completing their second consecutive terms on the Committee. The City advertised the vacancies and received one Citizen Interest Form from Jeff Sturgis (Attachment B). Per Section E.2 of City Council Policy 200 – City Council Advisory Committees, Boards and Commissions (Policy 200) (Attachment C), the number of consecutive terms an individual may serve on a committee is two. However, the City Council has the flexibility to make an 1 October 16, 2023 Item 04
City Council Agenda Report
Finance Committee Appointment and Charter Amendment
October 16, 2023
exception if they feel it is to the benefit of the Committee to reappoint an individual for a third term.
Currently, Mr. Sturgis serves as the Finance Committee Chair, and he is a key member of the Finance Committee’s Pension Subcommittee. There are several important work plan items for the Finance Committee that Mr. Sturgis has or is expected to play an important role, and it would benefit the Committee and the City if he were to continue on the Finance Committee through completion of the work plan items. Those items include an upcoming Council presentation and potential subsequent actions related to the creation of a 115 Trust for pension purposes, review of the City’s Capital Reserve Policy and Finnell Plan, and review of the City’s Investment Policy. As such, the Council liaisons would like to reappoint Jeffrey Sturgis to serve a partial third term on the Finance Committee, which would be for an eighteen (18) month period beginning on November 10, 2023, and ending on May 30, 2025.
Finance Committee Charter Amendment
According to Section E.6 of Policy 200, a committee’s membership size can be reduced at the recommendation of the committee’s Council liaisons and by approval of the City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term.
The Council liaisons to the Committee recommend that the City Council adopt a Resolution reducing the Committee’s membership size from nine (9) to seven (7) voting members, to be accomplished over time through attrition. Attrition will not affect members who complete their first term and are eligible and willing to serve a second term. Such reappointments must be recommended by the Council liaisons and approved by the full City Council. Reducing the Committee’s membership size from nine to seven members will result in a more optimal committee size for providing input to staff and the City Council, scheduling, and preparing for meetings.
As currently written the Finance Committee charter allows for one voting member to be a non-resident of Del Mar. Due to the nature of the Committee and given that all recent members have been residents, the Council liaisons recommend that the Committee charter be amended to require that all members of the Finance Committee be Del Mar residents.
Staff is also recommending an administrative edit to the Committee Charter to specify that all members are voting and that terms expire on the last day of the month, which is consistent with Section E.3 of City Council Policy 200 and language in other City Council advisory committee charters. A redlined version of the Committee Charter reflecting the recommended changes is included with this agenda report as Attachment D.
If the recommended appointment and revisions to the Committee Charter are approved by the City Council, the Committee will continue to operate with a full roster of eight voting members until such time the membership is reduced to seven members through attrition.
A copy of the current Committee roster is included with this agenda report as Attachment E.
2 October 16, 2023 Item 04
City Council Agenda Report
Finance Committee Appointment and Charter Amendment
October 16, 2023
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to the City Council’s Goals and Priorities.
ATTACHMENTS:
Attachment A – Resolution Amending Finance Committee Charter Exhibit A to Attachment A – Revised Finance Committee Charter (Clean) Attachment B – Citizen Interest Form
Attachment C – Policy 200 – City Council Advisory Committees, Boards and Commissions
Attachment D – Redlined, Amended Finance Committee Charter Attachment E – Current Finance Committee Roster
3 October 16, 2023 Item 04
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING AND RESTATING THE
FINANCE COMMITTEE CHARTER TO REDUCE MEMBERSHIP
SIZE FROM NINE TO SEVEN MEMBERS
WHEREAS, the City of Del Mar Finance Committee (Committee) was established in 1976 and has since served as an advisory committee to the City Council and provided recommendations on City finances; and
WHEREAS, on January 10, 2022, the City Council adopted Resolution No. 2022- 06 to repeal Resolutions No. 76-28; 76-64; 81-48; 83-45; 86-84; 88-66; 90-32; 2007-50; and 2011-54, and to amend and restate the Finance Committee Charter; and WHEREAS, the Committee Charter currently requires that the Committee consist of nine (9) members well-versed in financial matters, to include no fewer than eight (8) Del Mar residents, and not more than one (1) non-resident; and WHEREAS, the City Council desires to amend and restate the Committee Charter to reduce the Committee membership size through attrition from nine (9) members to seven (7) voting members well-versed in financial matters, to include no fewer than six (6) Del Mar residents, and not more than one (1) non-resident.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the Finance Committee Charter is hereby amended and restated as shown in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 16th day of October, 2023. ___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 October 16, 2023 Item 04
Resolution No. 2023-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 October 16, 2023 Item 04
FINANCE COMMITTEE CHARTER
Mission & Work Program:
The Finance Committee serves as an advisory committee to the City Council and operates as a whole, in topical subcommittees or as individual members with regard to the following:
• Review and provide recommendations on adoption and updates to the City’s operating and capital budgets; budget forecasts and trends in revenues, expenditures, project costs and cash flows.
• Review and provide recommendations on all financial reporting issued by the City Treasurer including quarterly updates, six-month actual financial results and the Annual Comprehensive Financial Report (ACFR). Actual results are reviewed in comparison to the latest budgets.
• Review and provide recommendations on all CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund to monitor compliance with the City’s Pension Reserve Policy.
• Periodically review and provide recommendations on the financial metrics used by the City to assess the City’s financial performance including application of all City financial policies.
• City Council assignments may include a wide range of financial or economic matters such as long-term planning, fee assessments, sources of possible revenues or other assignments from the Council.
Membership:
The Committee currently consists of eight (8) voting members well versed in financial matters.
Members must be residents of Del Mar.
Once the Committee membership is reduced through attrition, the membership will be seven (7) voting members well versed in financial matters.. Members must be residents of Del Mar.
Attrition will not affect members who complete their first term and are eligible and willing to serve a second term. Such reappointments must be recommended by the Council liaisons and approved by the full City Council.
Membership Term:
Committee members serve three (3) year staggered terms expiring the last day of the month.
Meeting Requirements:
The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).
Conflict of Interest Filing:
Members of the Finance Committee shall comply with the City’s Conflict of Interest Code and file conflict of interest filings annually and upon assuming or leaving office.
Status:
The Finance Committee is a standing committee.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 1 OF 6
POLICY:
A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.
Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.
B. Council Appointments to City Council Advisory Committees
1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.
2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.
3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.
4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 13 October 16, 2023 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 2 OF 6
5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.
6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.
7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.
9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).
The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.
10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.
C. Council Appointments to the Design Review Board and Planning Commission
1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 3 OF 6
2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.
3. Interviews shall be public and televised as part of the City Council meeting.
4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.
5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.
7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.
8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member, of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling living.
9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 4 OF 6
D. City Advisory Committee Membership Categories
1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.
2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.
E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair
1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.
2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.
3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.
4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections
2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 5 OF 6
5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.
6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.
7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.
At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.
8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.
F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 6 OF 6
G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.
H. Formation and Dissolution of Boards, Commissions, and Committees
1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.
2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.
3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.
I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 18 October 16, 2023 Item 04
FINANCE COMMITTEE CHARTER
Mission & Work Program:
The Finance Committee serves as an advisory committee to the City Council and operates as a whole, in topical subcommittees or as individual members with regard to the following:
Review and provide recommendations on adoption and updates to the City’s operating and capital budgets; budget forecasts and trends in revenues, expenditures, project costs and cash flows.
Review and provide recommendations on all financial reporting issued by the City Treasurer including quarterly updates, six-month actual financial results and the Annual Comprehensive Financial Report (ACFR). Actual results are reviewed in comparison to the latest budgets.
Review and provide recommendations on all CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund to monitor compliance with the City’s Pension Reserve Policy.
Periodically review and provide recommendations on the financial metrics used by the City to assess the City’s financial performance including application of all City financial policies.
City Council assignments may include a wide range of financial or economic matters such as long-term planning, fee assessments, sources of possible revenues or other assignments from the Council.
Membership:
The Committee currently consists of nine eight (89) voting members well versed in financial matters, to include no fewer than eight seven (78) Del Mar residents, and not more than one (1) non-resident.. Members must be residents of Del Mar.
Once the Committee membership is reduced through attrition, the membership will be seven (7) voting members well versed in financial matters., to include no fewer than six (6) Del Mar residents, and not more than one (1) non-resident. Members must be residents of Del Mar.
Attrition will not affect members who complete their first term and are eligible and willing to serve a second term. Such reappointments must be recommended by the Council liaisons and approved by the full City Council.
Membership Term:
Committee members serve three (3) year staggered terms expiring the last day of the month.
Committee members serve three-year overlapping terms.
Meeting Requirements:
The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).
Conflict of Interest Filing:
Members of the Finance Committee shall comply with the City’s Conflict of Interest Code and file conflict of interest filings annually and upon assuming or leaving office.
Status:
The Finance Committee is a standing committee.
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City of Del Mar
Finance Committee
Appointing Authority City Council
Position Chair
Jeffrey G. Sturgis
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Position Vice Chair
Tom L Tullie
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Jas K Grewal
2nd Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Position Secretary
Laura Pierce
1st Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Laura S Demarco
1st Term May 02, 2022 - May 31, 2025
Appointing Authority City Council
Steven Allen Mcdowell
1st Term Aug 01, 2022 - Aug 31, 2025
Board Roster
Finance Committee Page 1 of 2
20 October 16, 2023 Item 04
Appointing Authority City Council
William T Scott
1st Term Aug 01, 2022 - Aug 31, 2025
Appointing Authority City Council
Michael Minter
1st Term Nov 14, 2022 - Nov 30, 2025
Appointing Authority City Council
Kenneth E Barrett
1st Term Sep 05, 2023 - Sep 30, 2026
Finance Committee Page 2 of 2
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Clement Brown, Assistant City Manager
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Agreement with SCI Consulting Group for Assessment Engineering Services for San Dieguito Drive Improvements
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Approve a $41,500 Agreement with SCI Consulting Group (SCI) to perform assessment engineering services for improvements to San Dieguito Drive (Attachment A); and 2) Authorize the City Manager to execute the Agreement.
DISCUSSION/ANALYSIS:
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. 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. For decades, the City has provided information and discussed alternatives with the adjacent property owners of San Dieguito Drive 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.
On September 5, 2023, the City Council approved further study and design of the Minimal Alternative from the Phase 1 Preliminary Engineering Assessment and approved a $155,400 task order with Michael Baker International (MBI) to proceed with the Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for the Minimal Alternative. 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 and a minimum 20 feet of travel-way. The adjacent property owners support this design as expressed during several neighborhood meetings with staff and to 1 October 16, 2023 Item 05
City Council Agenda Report
Agreement for San Dieguito Drive Assessment Engineering Services October 16, 2023
the City Council. The Minimal Alternative was preferred because it 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.
In addition to the Phase 2 design work, staff will coordinate with the City Attorney to determine the maximum extent to which the City may participate financially in improving the road, and will return with a recommendation to the City Council at a future meeting.
As part of the effort to determine the City and residents’ proportional financial contributions to the project, the next step would be to hire a specialized assessmentengineering firm to conduct a benefit assessment and provide a recommended financing and assessment methodology that most closely associates the special benefits to each parcel.
The City Council previously authorized funding to pay for specialized assessment engineering services. Typically, the City would solicit bids for this type of work. However, given that the work must take place on an accelerated schedule to align with the City’s Utility Undergrounding District X1A project (as described further below) there is not sufficient time to conduct a solicitation process to select a specialized firm. Del Mar Municipal Code Section 7.04.090(O) provides for an exemption from the standard procurement process for situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City. The assessment engineering services qualifies for this exemption because it is not in the best interest of the City to delay work critical to the accelerated project schedule in order to complete a competitive procurement process.
The City has previously worked with SCI Engineering, who specializes in this type of work, and are familiar with Del Mar having previously performed the City’s Clean Water Rate Study. More specifically, they are one of a few firms in California with experience in forming assessment districts for road improvements and maintenance. SCI has agreed to honor an estimate that they previously provided to staff in 2022 for budget planning purposes totaling $41,500, and they are available to start work immediately.
The assessment engineering services to be provided by SCI will include planning and feasibility, development of a Proposition 218-compliant Engineer’s Report, balloting services, and community outreach. SCI’s proposal includes a total cost for services of $41,500, which includes a $39,000 base price and an additional $2,500 for reimbursable out of pocket expenses and/or additional meetings (Exhibits A and B to Attachment A).
As noted above, the City intends to synchronize the design and construction schedules for San Dieguito Drive improvements and the Utility Undergrounding District X1A (Crest Canyon) project. 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. The San Dieguito Drive bid package would be completed along with X1A. City staff will work with 2 October 16, 2023 Item 05
City Council Agenda Report
Agreement for San Dieguito Drive Assessment Engineering Services October 16, 2023
SCI to align the assessment engineering with the design and construction schedules for the two projects.
PRIOR CITY COUNCIL REVIEW:
On September 5, 2023, the City Council approved further study and design of a Minimal Alternative (Alternative #3) from the Phase 1 Engineering Assessment and approved a $155,400 task order with Michael Baker International (MBI) to proceed with Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for the Minimal Alternative (Alternative #3). 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 assessment engineering services.
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 Development is listed as a Tier 2 City Council priority for Fiscal Years 2023-2024 and 2024-2025.
ATTACHMENTS:
Attachment A – Agreement with SCI for San Dieguito Drive Assessment Engineering Exhibit A to Attachment A – Scope of Services
Exhibit B to Attachment A – Fee Schedule
3 October 16, 2023 Item 05
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND SCI CONSULTING GROUP
FOR ROAD IMPROVEMENT ASSESSMENT SERVICES
This Consulting Services Agreement (“Agreement”) is made and entered into this 16th day of October, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and SCI Consulting Group (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide road improvement assessment services including planning and feasibility, development of Proposition 218 compliant Engineer’s Report, balloting, and community outreach for the proposed San Dieguito Drive improvements (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein (“Consulting Services”); and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
4 October 16, 2023 Item 05
Consulting Services Agreement
For Road Improvement Assessment Services for San Dieguito Drive
2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of one (1) year from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional one (1) year period in order to complete the Scope of Services included as Exhibit “A.”
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services.
When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice. Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination.
All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner.
Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided on a task order basis at the rates described in the Fee Schedule contained in Exhibit “B” Consultant shall bill the City for work provided and shall present a written request for such 5 October 16, 2023 Item 05
Consulting Services Agreement
For Road Improvement Assessment Services for San Dieguito Drive
payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with the Fee Schedule contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
6 October 16, 2023 Item 05
Consulting Services Agreement
For Road Improvement Assessment Services for San Dieguito Drive
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City.
This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable.
The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement 7 October 16, 2023 Item 05
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shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the
Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. The Consultant shall provide an endorsement that the 8 October 16, 2023 Item 05
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insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted 9 October 16, 2023 Item 05
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by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.
12.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.3 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.4 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
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13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law.
Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar SCI Consulting Group
City Clerk John W. Bliss, P.E., President
1050 Camino del Mar 4745 Mangles Blvd.
Del Mar, CA 92014 Fairfield, CA 94534
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16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or subcontracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California. Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101- 1525) and has complied and will comply with these requirements, including, but not 12 October 16, 2023 Item 05
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limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party.
This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the 13 October 16, 2023 Item 05
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other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Ashley Jones, City Manager
SCI CONSULTING GROUP
By: _______________________
John W. Bliss, P.E., President
ATTEST:
________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
SCI Consulting will provide the City with road improvement assessment engineering services which includes the development of a Proposition 218-compliant funding mechanism for the proposed road assessment on San Dieguito Drive. The Scope of Work includes all tasks required for planning and feasibility, development of a Proposition 218- compliant Engineer’s Report, balloting, and community outreach.
Planning and Feasibility
1. Coordinate closely with the City to develop a framework of the proposed assessments and the services and improvements desired.
2. Identify all parcels in the proposed assessment areas.
3. Collect, compile, and analyze relevant information such as property ownership, voter statistics, tax base, and demographics within the proposed assessment boundary.
4. Based on the services and improvements desired and the location of such services and improvements, develop a recommended infrastructure cost budget including financing and assessment methodology that most closely associates the special benefits to each parcel.
5. Work closely with the City and stakeholders to review the proposed methodology, assessments, and budget for services. Based on additional input, make revisions as necessary or appropriate.
6. Research the property attributes and characteristics needed to calculate the assessments for each parcel in the proposed assessment district.
7. Calculate and verify the proposed assessment amounts.
8. Develop the initial assessment roll and provide the City with the proposed assessments and ownership information for all affected parcels.
Proposition 218-compliant Engineer’s Report
1. Prepare an Engineer’s Report for the proposed new assessments.
2. Assist with staff, City Attorney, and City Council review and approval of the Engineer’s Report.
Balloting Services
1. Prepare draft resolutions, ballots, notices, and other materials and documents.
2. Print, address and mail notices and ballots.
3. Assist with the public hearing to conclude the balloting period.
4. Tabulate ballots.
Community Outreach
1. Develop non-advocacy informational outreach plan.
2. Develop non-advocacy information materials (FAQS, handouts, e-mail text, etc.).
3. Assist with community outreach.
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EXHIBIT “B”
FEE SCHEDULE
Work Item Fee
Planning and Feasibility $9,500
Engineers Report $19,500
Balloting Services $4,500
Community Outreach $5,500
Total $39,000
1. Incidental costs incurred by SCI for the purchase of property data, maps, travel, and other out-of-pocket expenses will be reimbursed at actual cost with the total not to exceed $2,500 for the term of the contract without prior authorization from the City.
2. The scope of services includes one in-person staff meeting and the public hearing.
Any additional staff meetings, if required, shall be billed at the rate of $1,550 per person, per meeting.
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Introduction of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council introduce the proposed Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter 30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) via Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).
BACKGROUND:
An ADU is a small ancillary dwelling unit (detached or attached) with complete, independent living facilities (kitchen and bathroom) located on the same lot as a primary dwelling unit (existing or proposed). A Junior ADU (JrADU) is a smaller dwelling unit (500 square feet maximum in size) that is developed within the walls of an existing or proposed single dwelling unit, on a single dwelling unit lot, and that has a separate entrance, efficiency kitchen, and access to a bathroom.
Over the past decade, legislative trends at the State level related to housing and ADUs have continued to reduce local control and impose regulatory schemes that conflict with local procedures that typically require discretionary review, public participation, and public hearings. The ADU laws are complex for coastal cities to implement because the California Coastal Act resource protection and coastal access requirements must not be compromised by ADU development. Coastal jurisdictions must comply with both the California Government Code and the Coastal Act.
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Each time State ADU Law is significantly updated, the City’s ADU Ordinance may be rendered null and void. Presently, the City must adopt a new Ordinance/LCPA to repeal the outdated regulations and replace them with current ADU regulations that comply with State law. This enables the City in certain circumstances to demonstrate compliance with the Coastal Act and internal consistency within the City’s certified LCP. In the interim, the City must continue to process submitted ADU and JrADU permit applications through a ministerial (staff level) non-discretionary process in accordance with California Government Code Sections 65852.2 and 65852.22 and the Coastal Act. As such, the City must “harmonize” implementation of the California Government Code and Coastal Act in its legislative and permit decisions.
Following is a summary of prior actions related to ADUs:
In October 2017, in response to earlier State law changes, the City Council adopted the codified DMMC Chapter 30.91 ADU regulations, which were subsequently certified by the California Coastal Commission (CCC) and became effective on February 8, 2018. At the time, the City’s Ordinance complied with State law.
Additional laws were passed in 2018 and 2019. On January 1, 2020, additional significant changes to State Law were enacted, including changes to the allowable number of ADUs, height, size, and parking, which rendered the City’s existing ADU Ordinance null and void.
On June 1, 2020, the City adopted a new ADU Ordinance/LCPA consistent with State ADU law and processed the Ordinance/LCPA via Coastal Commission. On October 4, 2021, the City Council received a status update on the ADU LCPA in process with the Coastal Commission at the time. The City Council acknowledged the City and CCC have similar goals for certification of an ADU ordinance that is consistent with State ADU law and the Coastal Act and that protects public safety, access, and coastal resources. CCC staff requested multiple revisions to the ADU LCPA. However, due to Coastal Act time limits on LCPA processing, the City was unable to obtain a continuance on the item to timely address CCC’s requested revisions. Therefore, on October 6, 2021, the City’s 2020 ADU LCPA was withdrawn per City Council direction to allow time for the City to process a new ADU Ordinance/LCPA.
Since that time, the City has been conducting a multi-year effort to update the ADU Ordinance/LCPA involving coordination with the CCC, California Department of Housing and Community Development (HCD), and City Attorney’s Office while conducting additional outreach efforts to solicit public input for incorporation into 2 October 16, 2023 Item 06
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the Ordinance to ensure greater consistency with the City’s certified LCP, Community Plan, and Zoning Ordinance. Staff has also researched multiple ADU ordinance examples from other jurisdictions as well as reviewed available HCD comment letters on adopted ADU ordinances that were submitted to HCD as required by law. The HCD letters provide good insight into how the agency applies the Government Code in the various topic areas.
On January 1, 2023, a new set of ADU-related housing laws took effect imposing new increases in allowable ADU structure height and structure massing, and parking reductions mandated by the Government Code, which required the City to further modify its draft Ordinance/LCPA to include implementing code language that harmonizes these requirements with the Coastal Act. On July 11, 2023, the Planning Commission discussed the proposed draft as part of a public workshop, expressed a desire to require ADU units to be affordable, and identified concerns in the following areas:
Whether the City must process a local ADU ordinance and whether the City must comply with the mandatory ADU provisions of the Government Code Sections 65852.2 and 65852.22. The Planning Commission acknowledged the City Council provided direction for the ADU ordinance/LCPA and associated Housing Element Programs to be processed to maintain compliance with State Housing law; and expressed a preference for the City to continue to advocate for amendments to State law.
Maximum Size requirements and a desire to maintain the existing smallscale development pattern in local neighborhoods and character of Del Mar; Maximum Height of ADUs, including attached ADUs;
Required Setbacks, including setbacks for protection of coastal bluffs; Accommodation of Attached ADUs on lots with two dwelling units in R2/RM zones;
Parking Regulations for ADUs and JrADUs;
Compliance with Scenic View Protection Standards;
Compliance with High Fire Hazard Severity Area requirements for public safety similar to Senate Bill (SB) 9;
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Compliance with Protected Tree Requirements; and
Compliance with Housing Element Programs including Program 2A Incentives, Program 2B Amnesty Program, and Program 2F Tiny Homes implementation details.
On September 12, 2023, the Planning Commission recommended approval of the Ordinance/LCPA to the City Council by a vote of 3-2 including the following recommended modifications: 1) Require all ADUs to be used for dwelling unit purposes and subject to deed-restriction; and 2) In R1 zones, prioritize ADUs at the first story level before a second story ADU, if buildable area is available on the first story level of the lot.
Extensive public outreach has been done to encourage public participation and review of the posted draft ADU Ordinance/LCPA including articles posted on the City’s website; multiple announcements in the City’s weekly update (distributed via email to all who subscribe); multiple announcements at public meetings including the August and September 2023 Design Review Board meetings and July 24, September 5, and September 18, 2023 City Council meetings. The notice of availability and notice of Planning Commission public hearing for the draft Ordinance was posted in the Del Mar Times on August 25, 2023, and individual mailed notices were sent to all interested parties who participated before, during, and after the July 11, 2023 workshop. On September 18, 2023, the notice of City Council public hearing was published in the Daily Transcript and mailed notices were sent to all interested parties who participated through the Planning Commission hearing on September 12, 2023. When the City Council item was continued date certain from the October 2 agenda to October 16, 2023, as a courtesy, a new set of City Council public hearing notices were published and mailed to the interested persons list, and additional announcements were posted on the City’s website and emailed in weekly articles.
DISCUSSION/ANALYSIS:
To ensure compliance with State ADU law, most regulations in the proposed Ordinance are directly from Government Code Sections 65852.2 and 65852.22. However, State ADU law specifically recognizes the importance of not superseding the California Coastal Act or lessening its effects. As proposed, the Ordinance amends the City’s certified LCP to ensure that protection of coastal resources and coastal access is not compromised by ADU development. Consistent with ADU law and the Coastal Act, significant changes have been incorporated into the Ordinance in response to feedback received from the Planning Commission and members of the public. See Attachment B for a strikeoutunderline copy of the Ordinance language, Attachment C for a summary of the topic areas, relevant code section numbers, and additional details related to additions to the proposed Ordinance, and Attachment D for matrices with a comparative analysis of the 4 October 16, 2023 Item 06
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types of ADUs and parameters applicable by zone type and residential unit type.
Following is a description of how the main topics of interest apply in the Ordinance:
ADUs Must be Used as a Dwelling Unit per the Applicable Zone and Deed Restriction: To reflect the clear legislative intent of State ADU law, the Ordinance includes provisions requiring ADUs to be used for dwelling unit purposes and subject to a deed-restriction. The Legislature specifically declared that ADUs are a valuable form of housing and an essential component of California’s housing supply. (Cal. Gov. Code Sec. 65852.150 (a)(1)(8)). The recommended deed restriction is not intended to be an unreasonable restriction on ADU development, but rather for furthering the goals of ADU legislation. During the ADU Ordinance public hearing process, numerous speakers indicated concerns that ADUs are being used for ancillary purposes other than for housing purposes and that some homeowners have used the ministerial ADU process to build office, recreational, or entertainment spaces. Many residents complained that ADU law is being misused by some homeowners as means to secure better views of the ocean through the ministerial permit process applicable to ADU development instead of following the City’s typical discretionary permit process applicable to coastal development. To ensure that ADUs are being built for their intended residential purpose and in keeping with the foundational legislative findings, the Ordinance will require a simple deed restriction compelling the applicant to use ADUs for dwelling purposes.
The Government Code mandates that ADUs be allowed in any zone that allows residential use. The City’s Zoning Code specifies whether dwelling units and accessory dwelling units are an allowed use in respective zones and includes definitions of dwelling unit and ADU. DMMC Section 30.040.040(J) defines “dwelling unit” as one or more rooms in a building or portion thereof designed with a kitchen and living, sleeping, and eating areas that are used and occupied by one or more persons living together with common access to and common use of all areas within the unit. DMMC Section 30.040.010(C) defines the term “Accessory Dwelling Unit” as an additional smaller attached or detached dwelling unit that is located on the same property as a Primary Dwelling Unit and that is designed with separate living, sleeping, eating, cooking, and sanitation amenities and that is used or intended to be used as complete independent living facilities for use by one or more persons. Government Code Section 65852.2(j) clarifies that the provisions for living, sleeping, eating, cooking, and sanitation are to be permanent; and Section 65852.2(e)(5) specifies that rental of an ADU shall be for a term longer than 30 days.
The proposed Ordinance requires property owners with an ADU and/or JrADU to record a deed restriction to make it clear to successors in interest how many dwelling units exist on the property, limits on occupancy and sale of the units, limit the size of ADUs and JrADUs as approved per the applicable permit, and clarify that ADUs and JrADUs must be used as a dwelling unit for residential use with provisions for living, sleeping, eating, 5 October 16, 2023 Item 06
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cooking, and sanitation, that ADUs and JrADUs shall not be rented for periods of less than 30 days. See ADU Ordinance Sections 30.91.030(I) and 30.91.040(D).
In terms of owner occupancy requirements, property owners with JrADUs are required to reside in either the primary unit or in the JrADU. This owner occupancy requirement also applies to properties developed with an ADU and JrADU. Starting on January 1, 2025, an existing State law provision will take effect to require that ADU owners reside on the property in the primary unit or ADU. See Ordinance Sections 30.91.030(A)(1)(e) and
30.91.050(E).
Number of ADUs/JrADUs Allowed Per Lot: Single dwelling unit (R1) lots with a single dwelling unit are allowed one ADU and one JrADU, consistent with the Government Code.
On R1 lots, if the one permitted ADU is attached to the primary residence, then a JrADU is not permitted. On RM/R2 lots with an existing duplex (attached or unattached), each primary unit is permitted one ADU. The proposed Ordinance allows the ADU to be attached or detached, to provide flexibility for siting on the lot, equity amongst the two property owners on condominium lots, and compliance with the certified LCP. This provision is a carryover from the previously adopted ADU Ordinance (2020), as recommended by the Planning Commission. Lots with existing multi-unit development (three units or more) would be allowed two detached ADUs and additional ADUs through conversion of non-habitable existing space within the multi-unit building (up to 25% of existing units) consistent with the Government Code.
Size Parameters: In accordance with Government Code Section 65852.22, JrADUs are limited to a maximum size of 500 square feet. Consistent with Government Code Section 65852.2, the proposed Ordinance specifies the size of detached and attached ADUs cannot exceed 850 square feet if one bedroom and 1,000 square feet if two or more bedrooms. Attached ADUs have an additional size limitation not to exceed 50 percent of the habitable space of the primary unit, regardless of bedroom count. These Government Code size limits are applicable based on the specific lot context and together impose whichever size is lower, including a requirement to accommodate an ADU size of at least 800 square feet per Government Code Sections 65852.2 (a)(1)(D)(iv) and (c).
Clarification was added to the proposed Ordinance to specify the total floor area of an attached ADU shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet. To comply with the Coastal Act and certified LCP, the local Ordinance provides for further modification (size and site placement) as needed to protect coastal access, coastal resources, and public safety.
The Ordinance clarifies that the Floor Area Ratio (FAR) and lot coverage standards are development controls that apply to proposed ADUs that exceed 800 square feet in size.
The Government Code explicitly states that local agencies may not prohibit an 800 square foot ADU based on FAR or lot coverage standards. State law does not prohibit 6 October 16, 2023 Item 06
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jurisdictions from applying these standards to ADUs that exceed 800 square feet in size.
The Ordinance clarifies that any additional square footage of ADUs proposed beyond 800 square feet would be subject to the maximum FAR and lot coverage standards per the applicable zone.
The Ordinance also clarifies that the square footage of a space within a primary unit that is converted to a JrADU is subject to FAR and lot coverage standards per the zone, when proposed for relocation to expand the primary unit. Previously, there was an expectation from some applicants and property owners that if a JrADU was developed, they would be able to relocate that square footage elsewhere in the dwelling unit or on the property, exempt from FAR, essentially providing a square foot bonus. Similarly, there is no ability to assert FAR credits/exemptions if an ADU is converted. The Government Code mandates are specific to proposed ADUs and JrADUs. The requirements for accommodation of ADUs and JrADUs do not extend to, and are not applicable to, other proposed development on the lot; and do not provide for any type of FAR bonus or credit to be awarded to the lot. Section 30.91.040(G)(8) clarifies that any square footage converted from an ADU use to become part of the primary dwelling unit, separate accessory structure, or another use is subject to FAR and lot coverage standards per applicable zoning.
Height: The maximum height for ADUs is specified in Ordinance Section 30.91.040(K) and varies based on zone location and type of ADU proposed (i.e., detached or attached).
The lowest maximum height limit is 14 feet, which applies to proposed ADUs in the Bluff, Slope, and Canyon Overlay Zone consistent with the certified LCP.
Detached ADUs are limited to a maximum height of 16 feet, consistent with the Government Code. At this time, Del Mar does not have any major transit stops; therefore, the Government Code allowance of 18 feet for detached ADUs located within one halfmile walking distance of a major transit stop is not applicable.
Attached ADUs are those that share a common wall horizontally with the primary residence. The Government Code requires the City to accommodate attached ADUs in single dwelling unit (R1) zones up to a maximum height of 25 feet or the height of the base zone, whichever is lower. The proposed Ordinance clarifies that the maximum height for an attached ADU at the first story level is 16 feet, which is consistent with the maximum height of a detached ADU. For consistency with local conditions and the certified LCP, Section 30.91.040(K)(3) requires that attached ADUs in R1 zones shall be proposed at the first story level if buildable area is available on the first story level of the lot; and may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP.
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Government Code Section 65852.2(e)(1)(D) requires local agencies to accommodate up to two detached ADUs on multi-unit lots and does not provide for attached ADUs on multiunit lots. The proposed Ordinance would allow attached ADUs on duplex lots in the High Density Mixed Residential (R2) or Medium Density Residential (RM) zones as a local consideration to accommodate alternative siting options to minimize impacts whereby attached ADUs would be limited to attachment at the first story level with a maximum height of 16 feet. Consistent with the Government Code, the more dense multi-unit lots with three or more units do not allow attached ADUs, unless approved as part of the ADU Incentive Program.
The maximum height limits described are all applicable based on the specific lot context and together impose whichever maximum height is lower, including a requirement to accommodate an ADU size of at least 800 square feet per Government Code Sections 65852.2(c). To comply with the Coastal Act and certified LCP, the local Ordinance provides for further modification (ADU size and site placement) as needed to protect coastal access, coastal resources, and public safety.
Setbacks and Siting Design: The proposed Ordinance accommodates the required 4- foot side and rear setbacks in compliance with State ADU law. The Government Code states that a local agency may maintain front setbacks, as required by zoning. In the City of Del Mar, front setbacks along a street would include front yard setbacks and street side yard setbacks. For clarification, the proposed Ordinance would require that all street fronting setbacks (front and street side setbacks) be maintained per zoning standards, unless otherwise necessary to accommodate placement of an 800 square-foot ADU. This clarification for maintaining street fronting setbacks addresses prior feedback from the public and Council related to ADU siting adjacent to street frontage. The proposed Ordinance retains the requirement for proposed ADUs to comply with all applicable Overlay zone setbacks and development standards in order to protect coastal resources and coastal access as required by the California Coastal Act and implemented by the City’s certified LCP. These protective policies and regulations apply to all residential development throughout the City and are consistent with the California Coastal Act. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the Coastal Act, which provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal. Pub.
Res. Code Section 30240). The City’s LCP Overlay Zones ensure that environmentally sensitive habitat areas are protected against any significant disruption from housing development.
This includes the Coastal Bluff Overlay, Bluff, Slope, and Canyon Overlay, Beach Overlay, Floodplain Overlay, and mapped High Fire Hazard Severity Areas identified by CalFire in the Wildland Urban Interface (WUI). The setbacks required in the Overlay 8 October 16, 2023 Item 06
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zones and WUI will generally be greater than the minimum 4-foot side/rear setbacks identified above, and would result in ADU siting that complies with the Government Code and certified LCP. See Attachment C for code sections related to this topic area, which is relevant to multiple subtopics in the summary table including building restricted locations, setbacks and sensitive resource protection, and specific overlay zones relating to protection of coastal resources and minimization of hazards for public safety.
Minimization of Flood Risk and Disclosure of Projected Sea Level Rise: Within the City there are hundreds of residential lots and existing homes located in Federal Emergency Management Agency (FEMA) flood management zones. Ordinance Section
30.91.040(X) clarifies the standards for development on lots in special flood hazard areas that are identified on the FEMA Flood Insurance Rate Map (FIRM). The ADU requirements (i.e., siting, base flood elevation, flood proofing, and height calculation) are standards that will apply to proposed development based on the existing context of the specific lot. These standards apply uniformly to proposed development in special flood hazard areas, including proposed ADU development. The proposed ADU Ordinance/LCPA is consistent with existing citywide requirements in the certified LCP that apply to proposed residential development to minimize flood damage and avoid flood hazards, including those from projected sea level rise and flooding over the anticipated lifetime of the structure using best available science; and consistent with the LCP public safety provision confirming the City Building Official’s authority to determine if and when a development is unsafe for occupancy.
The Ordinance provisions applicable to development in special flood hazard areas in the Floodplain Overlay Zone are existing requirements in the City’s certified LCP that are consistent with actions taken by the City Council in October 2018 and more recently in March 2022. The proposed ADU Ordinance/LCPA does not include any provision requiring “managed retreat” and is consistent with City Council Resolution 2018-72 (adopted October 1, 2018) confirming the City’s rejection of “managed retreat” as an adaptation strategy in Del Mar. As mentioned, the proposed Ordinance/LCPA is also consistent with City Council Ordinance No. 987 (adopted by the current City Council on March 21, 2022) accepting code language modifications required by the Coastal Commission as a condition of approval for final certification of the Professional Commercial Zone and North Commercial Zone housing-related Ordinances, which was necessary for the City to establish compliance with the adopted and certified 6th Cycle Housing Element and applicable State Housing law.
Minimization of Fire Risk: Within the City, there are areas of high wildfire risk in the wildfire urban interface (WUI) where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation. As a matter of public safety and welfare, the Ordinance includes standards that apply uniformly to all development within high fire hazard severity areas as standard public safety requirements to aid in the 9 October 16, 2023 Item 06
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prevention of loss of life. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. An automatic residential fire sprinkler system cannot be required for an ADU if the existing primary dwelling unit does not contain an automatic residential fire sprinkler system. The Ordinance clarifies that applicants for proposed ADU development on lots within the Very High Fire Hazard Severity Zone are required to demonstrate that the site has at least two emergency evacuation routes or provide evidence of equivalent safety measure. This approach is consistent with the public safety and emergency response analysis of developable housing sites that was completed prior to adoption of the Housing Element and is similar to what the City Council adopted for implementation of SB 9 in very high fire hazard severity areas.
Since the Planning Commission hearing, a Coastal Act provision relating to expansion of utility improvements was relocated from Section 30.91.040(U) to (P). The Ordinance clarifies that pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not include improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems because those types of improvements involve risk of adverse environmental effects and are a class of development that requires a discretionary Coastal Development Permit per the Coastal Act.
Parking Requirements: The Ordinance includes provisions related to parking requirements that are necessary for harmonizing the ADU Government Code with the coastal access protection provisions in the Coastal Act and the City’s certified LCP. Prior to Planning Commission review, on-site replacement parking was proposed to be required when the existing parking (such as in a garage or carport) required for a primary residence was proposed for conversion to an ADU or JrADU and only if the site was located in the Coastal Commission Appeals Jurisdiction. However, given the City’s narrow streets, street network configuration, and potential adverse impacts to coastal access, staff determined, in consultation with the City Attorney, to modify this requirement to apply on a citywide basis. The proposed Ordinance requires that any parking spaces required for the primary dwelling unit must be replaced on-site if those existing parking spaces are proposed to be converted to an ADU or JrADU. This requirement applies citywide because the entire City is in the coastal zone and in proximity to the shoreline and coastal resources, and public access to the shoreline is facilitated by the availability of on-street public parking. On-street parking in the City is limited. Use of on-street parking by ADUs or other development may impede public access to the shoreline. The State ADU law parking requirements conflict with the California Coastal Act coastal access policies and the City’s certified LCP. However, ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l)). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)). 10 October 16, 2023 Item 06
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To be consistent with Coastal Act policies and regulations, the Ordinance requires one on-site parking space for proposed ADUs on lots located within the Coastal Commission Appeals Jurisdiction and otherwise requires no additional parking for the proposed ADU consistent with the Government Code parking exemptions applicable to ADUs within onehalf mile walking distance of public transit including a bus stop, train station, or paratransit service. The City’s proposed parking requirement is consistent with Santa Cruz County and other Coastal Jurisdictions that have Coastal Commission-approved ADU Ordinances. By comparison, consistent with the Government Code, the City is not able to require any additional parking spaces for proposed JrADUs (which are units located entirely within the walls of the primary dwelling unit), an ADU located within an existing primary unit, or an ADU located in an existing accessory building.
Utility Connection Fees and Impact Fees: The Ordinance identifies that ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees or impact fees. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained in an existing primary dwelling unit or existing accessory building. While ADU law provides for impact fees to be charged as a proportional share of the ADU’s impact costs for any ADUs that are greater than 750 square feet in size, the City currently does not have an impact fee ordinance in place that would provide for this type of requirement to be included within the ADU Ordinance.
Objective Design Standards: State ADU law allows the City to impose objective design standards so long as an 800 sf ADU is allowed to be constructed. The Ordinance includes the following objective standards that apply to proposed “by right” housing development, including ADUs:
The architectural style of the ADU shall match the existing residence, to include roof pitch, exterior building materials, colors, and finishes Roof eaves cannot encroach into any 4-foot setbacks
Walls and windows shall be placed to maximize privacy Rooftop decks are prohibited
Outdoor speakers, televisions, or any other permanent electronic devices are prohibited
One Air Conditioning (AC) unit is permitted for the ADU per the Government Code; however, the AC unit must maintain the minimum 4-foot setback required for ADUs Exterior lights shall be downward directed, bulb shielded and shall not exceed 2700 Kelvin color temperature
ADUs in high fire hazard severity zones shall comply with all applicable building code standards of that zone
All other design features, not required per California Building Code, shall require design review
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Objective Standards for Protected Trees: Within the City, there are rare and scenic trees, including Torrey Pines and Monterrey Cypress trees, that are native to Del Mar and protected under the Del Mar Municipal Code and Coastal Act. The Ordinance requires the applicant provide a development site plan that identifies the location of protected trees and the associated tree protection zone to minimize the potential for impacts to protected trees during construction. This standard applies uniformly to proposed development, including ADUs.
Public Scenic View Protection: The Ordinance includes provisions that further clarify and expand upon the certified LCP policies and standards that apply to public scenic views. The Ordinance clarifies that private scenic view protections from new ADUs/JrADUs are not subject to the citywide Design Review Ordinance view protections.
See Attachment C for additional details related to these added standards. This standard applies uniformly to proposed development, including ADUs.
Paramount to the protection of coastal resources is the protection of public scenic view corridors, and the Ordinance through sitting design, setbacks, and application of Overlay Zones ensures that protection. Within the City there are scenic view corridors to coastal resources that are protected under the Coastal Act. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance.
Coastal development shall be sited and designed to protect scenic views to and along the ocean and scenic coastal areas. (See: Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Like all residential development in the City, an ADU development may not obstruct the scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.
Tiny Homes Provisions: Tiny homes are a smaller type of ADU, 150 to 400 square feet in size, which will be regulated in the same manner as ADUs. The proposed Ordinance defines Tiny Homes and identifies they will be required to be connected to utilities, installed on a permanent foundation, and designed for independent living with separate facilities for cooking, sleeping, and sanitation. Incorporation of Tiny Homes provisions into the local code is required to be implemented by December 2023 per Housing Element Program 2F.
ADU Application Processing and Expiration Time Limits: As required by State law, proposed ADUs are required to process an ADU permit application through a ministerial review process only, which is a staff level review process. The City is preempted by State law from performing any discretionary review of ADU permit applications. If a submitted ADU application complies with the regulations and required Administrative Coastal 12 October 16, 2023 Item 06
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Development Permit (Admin CDP) findings for approval, then the City must issue the CDP permit. Issuance of the CDP approval allows the owner to finalize processing of the associated Building Permit, which is a necessary ministerial permit approval prior to construction. There are no additional permit processing steps that may be added for applications that meet the objective standards required for approval. For example, any proposed demolition of a portion of the existing home or demolition of the garage, carport or other accessory structure would be addressed as part of the Administrative CDP and building permit reviews. However, the Ordinance identifies significant landform alterations as a special circumstance where an applicant may need to obtain discretionary permit approval required by the Coastal Act and certified LCP to minimize grading and landform alteration impacts prior to processing an ADU application. The applicant could then submit an ADU project application that demonstrates a site condition for the proposed development that complies with the objective standards found in the ADU Ordinance.
The Admin CDP permit approval is valid for two years and authorizes the applicant to submit for Building Permit review and approval, which is a ministerial permit review process. The Building Permit expiration timeframe is an existing citywide requirement and is consistent with the California Building Code, the expiration date for the ADU permit is a proposed requirement in Ordinance Section 30.91.030(F) to ensure that housingrelated applications are expeditiously processed and comply with current housing law. It is intended to encourage owners to follow through to obtain the associated Building Permits so that the ADUs can be counted towards the City’s Regional Housing Needs Allocation (RHNA) commitment for the applicable housing cycle. The City has experienced significant processing delays on the part of some owners who have obtained ADU permit approvals and have not submitted applications for Building Permits, which creates an administrative burden for the City with respect to State housing law compliance.
Correspondence
Eight comment letters were submitted (Attachment E). Two comment letters reflect concerns of residents in very high fire hazard severity areas, which is addressed by standards in the proposed Ordinance. Three comment letters requested the City Council not adopt the ADU Regulations Ordinance/LCPA due to perceived concerns regarding requirements for managed retreat, which is not the case. As explained above, the proposed Ordinance is necessary for the City to establish local codes in compliance with State ADU law and the Coastal Act. The proposed Ordinance does not require “managed retreat”. The proposed Ordinance includes standards for special flood hazard areas.
These provisions are existing requirements in the City’s certified LCP that already apply to proposed development, including primary dwelling units and ADUs, in the Floodplain Overlay Zone. The other two letters requested that ADUs be required to be used as dwelling units and subject to deed restrictions, which is addressed by the Ordinance. 13 October 16, 2023 Item 06
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HOUSING IMPACT:
Housing law trends at the State level continue to impose regulatory schemes that limit local land use authority and require ministerial, non-discretionary processes that local jurisdictions must comply with. The proposed amendments will facilitate development of new ADU housing options and opportunities to Affirmatively Further Fair Housing (AFFH), consistent with the City’s certified Housing Element, the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements. The requested action is a necessary step in the process to implement various required housing actions consistent with adopted housing policies and programs including the Housing Element Program 2A (ADU Incentives), Program 2B (Amnesty Program), Program 2F (Provisions for Tiny Homes), and Program 5A (Strategies for Preservation of Existing Housing Stock through Accommodation of Non-Conforming Multi-Unit Development). Production of ADUs is a key component of the City’s adopted, balanced housing strategy for the certified 6th Cycle Housing Element
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and Statutory exemption per CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and this section shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code for the activities necessary for the preparation and adoption of an LCP amendment in compliance with the Coastal Act. The proposed actions include corollary amendments to the City’s Zoning Code, which is part of the certified City of Del Mar LCP as certified under Section 21080.5 of the Public Resources Code; and
Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s 14 October 16, 2023 Item 06
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certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.
Notwithstanding applicability of the Statutory Exemptions and Categorical Exemptions identified above, the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The proposed Ordinance is necessary to bring the City’s codified ADU regulations into compliance with State law and complete multiple ADU-related Council Priority special projects that are required by the Housing Element to be completed by December 2023.
ATTACHMENTS:
Attachment A – Ordinance to Amend the City’s ADU Regulations/Certified LCP Attachment B – Strikeout-Underline Copy of Ordinance
Attachment C – Summary of the Ordinance with Section References Attachment D – Matrices of ADUs by Zone
Attachment E – Correspondence
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ATTACHMENT A
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, REPEALING AND REPLACING
THE DEL MAR MUNICIPAL CODE CHAPTER 30.91
ACCESSORY DWELLING UNIT (ADU) REGULATIONS;
AND AMENDING RELATED SECTIONS IN THE DEL MAR
MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
(LCP) ALL RELATING TO THE HARMONIZATION OF ADU
REGULATIONS IN THE CALIFORNIA GOVERNMENT
CODE SECTIONS 65852.2 AND 65852.22 WITH THE
CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED
LCP
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that Accessory Dwelling Units (ADUs) are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the State Legislature also declared that ADUs are an “essential component of California’s housing supply” and that ADUs provide additional rental housing; and
WHEREAS, when the State revises ADU law found in Government Code Section 65852.2, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law; and WHEREAS, proposed ADU projects must comply with the current ADU law, the California Coastal Act, and the remaining valid provisions in the City’s certified Local Coastal Program (LCP); and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar and has an overall goal to “preserve and enhance the special character of Del Mar”, this includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City has a certified Housing Element for the 6th Cycle years 2021- 2029 that has been incorporated into the City’s Community Plan as a standalone element; and
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WHEREAS, the certified Housing Element requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderateincome units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and
WHEREAS, production of ADUs is one strategy of a City Council-adopted multifaceted approach to meet the City’s affordable housing obligations in compliance with State law; and
WHEREAS, the City’s overall stated housing goal in the Housing Element continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and
WHEREAS, the City is still making progress toward its housing programs and housing production targets in its certified Housing Element; and WHEREAS, adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, ADU law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application to ADU laws; (Cal. Gov. Code. Sec. 65852.2(l)); and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, the City of Del Mar has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, 17 October 16, 2023 Item 06
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and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and
WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws; and
WHEREAS, the standard of review for proposed ADU development in the City of Del Mar must be balanced against the mandates of the Coastal Act and stated as objective standards within the City’s certified Local Coastal Program to ensure protection of public scenic views, public access, coastal resources and public health and safety; and WHEREAS, this ADU Ordinance includes provisions necessary to protect sensitive coastal habitats, ensure public access, maintain public coastal view sheds, provide coastal parking requirements, and protect public safety in order to harmonize the State ADU regulations with the California Coastal Act and the City’s certified LCP; and WHEREAS, the City staff engaged in extensive public outreach to encourage public participation in formulating these draft ADU regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, multiple announcements made during public meetings including the Design Review Board and City Council meetings; and
WHEREAS, notice of the July 10, 2023, public workshop discussion related to ADUs was posted in the Del Mar Times on June 29, 2023; and WHEREAS, the Notice of Availability and notice of Planning Commission public hearing for the draft ADU Ordinance was posted in the Del Mar Times on August 25, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, during the September 12, 2023 public hearing, the Planning Commission recommended the City Council adopt the Ordinance with modifications to reflect concerns raised in submitted correspondence and during public testimony that many ADUs built in the City were built simply to add value to the primary residence, are not being used for housing purposes to add to the housing rental stock as the Legislature intended, and are instead being used for home offices, recreational rooms, vacation rentals, and other uses; and
WHEREAS, the Planning Commission recommended modifications to the City Council to be responsive to the public testimony and these modifications have been incorporated into the Ordinance; and
WHEREAS, on September 18, 2023, the notice of City Council public hearing was published in the Daily Transcript and mailed notices were sent to all interested parties who have participated through the Planning Commission hearing on September 12, 2023; and
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WHEREAS, the City’s certified 6th Cycle Housing Element includes six ADUrelated housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households; and
WHEREAS, this Ordinance implements Housing Element Program 2F (Tiny Homes) by incorporating a definition for tiny homes and allowing tiny homes through the same ministerial approval process as ADUs thereby facilitating development of small units ranging from 150 square feet to 400 square feet in size that if developed in the City is likely to provide more affordable housing options due to the smaller size of the unit type; and
WHEREAS, adoption of this Ordinance will facilitate implementation of an incentive program in accordance with Housing Element Program 2A (Incentives to create ADUs for low income households) by incorporating provisions into the certified LCP to authorize the granting of specific planning and zoning incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the incentive program, that limit the ADU use and occupancy based on restricted income limits and rental rates for a low-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, this Ordinance establishes an ADU Amnesty Program that will facilitate implementation of Housing Element Program 2B by incorporating provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, the ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare; and WHEREAS, the ADU Amnesty program is intended to encourage compliance with standard building codes and public safety requirements; and WHEREAS, the Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defect.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:
1. The foregoing Findings with the above stated Recitals are true and correct and are incorporated by reference into this action.
2. The City has received extensive written and oral public testimony attesting to the widespread misuse of ADUs. Such misuse is contrary to the legislative intent of ADU law.
3. The ADU Ordinance substantially complies with State ADU law, as provided in California Government Code Sections 65852.2 and 65852.22, as harmonized with the California Coastal Act and consistent with California Government Code Section 65852.2(l).
4. Within the City of Del Mar there are areas of high wildfire risk where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation.
5. Within the City there are hundreds of residential lots and existing homes located in FEMA flood zones. The flooding to these areas is exacerbated by climate change conditions and projected sea level rise.
6. Within the City there are eroding bluffs and unstable slopes that may pose a danger to residents building in these areas.
7. Within the City there are significant sensitive coastal resources that are protected under the California Coastal Act.
8. Within the City there are scenic view corridors to coastal resources that are protected under the California Coastal Act. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. (See: Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Like all residential development in the City, an ADU development may not obstruct the scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.
9. Within the City there are rare and scenic trees that are native to Del Mar and protected under the California Coastal Act.
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10. Within the City there are environmentally sensitive habitat areas that are protected by the California Coastal Act.
11. The City’s certified 6th Cycle Housing Element requires the creation of additional affordable housing stock.
12. The California Legislature made findings, declarations, and statements of intent in drafting ADU laws. This includes a finding that ADUs are an essential component to creating additional housing stock. The City’s ADU ordinance is consistent with creating essential housing stock.
13. The City has considered HCD and California Coastal Commission staff comments and such comments are incorporated herein.
14. The ADU Ordinance includes provisions to harmonize ADU state law with the California Coastal Act, certified LCP, and public safety in order to protect coastal resources, environmentally sensitive habitat areas, and high risk public endangerment areas including ADU development within the Beach Overlay Zone, Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Floodplain Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and the Wildland Urban Interface (WUI) Fire Hazard Severity Areas. These protective policies and regulations apply to all residential development throughout the City and are consistent with the California Coastal Act. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the California Coastal Act. The Coastal Act provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal.
Pb. Res. Code 30240). The City’s LCP Overlay Zones ensures that environmentally sensitive habitat areas are protected against any significant disruption from housing projects.
15. As required by the Coastal Act, the Ordinance includes provisions to ensure that the existing reservoir of public parking along the shoreline will be sufficient to maintain the public’s right to coastal access. Public access to the shoreline is facilitated by on-street public parking. On-street parking in the City is limited. Use of on-street parking by ADUs or other development projects in coastal parking impact areas impedes public access to the shoreline. The standard Government Code ADU parking requirements conflict with existing California Coastal Act coastal access policies, as implemented by the City’s existing LCP. However, ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal.
Gov. Code. Sec. 65852.2(l). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)).
16. Within the City there are some roadways that are substandard in width. When onstreet parking is allowed in these areas without limitation, emergency response can be impacted if emergency response vehicles and equipment cannot safely 21 October 16, 2023 Item 06
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respond to local incidents. Therefore, to ensure protection of public safety along these very narrow roadways, the Ordinance ensures safe access for emergency response vehicles and access to emergency response equipment. All new residential development located in these areas must ensure adequate off-street parking for its residents. These evaluations occur on a case-by-case basis.
17. As required by the Coastal Act, the Ordinance contains provisions to protect public coastal scenic views.
18. The City’s certified 6th Cycle Housing Element includes six ADU-related housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households and this Ordinance facilitates implementation of the ADU-related housing programs.
19. The ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare. The Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defects.
20. This Ordinance incorporates provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the respective program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable.
21. Where there are direct conflicts between ADU law and the California Coastal Act, the City has either harmonized the conflicts or ensured the protections afforded to coastal resources granted by the Coastal Act as further required by the California Government Code Sec. 65852.2(l).
NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:
A. through C. [No change to Tandem Parking Space through Temporary Enclosure] 22 October 16, 2023 Item 06
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D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.
E. [Modify order of Trailer Coach through Trellis to be sections E. through H.] SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.030 Allowable Uses
The allowable uses in the RM-South Zone are:
A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM-Central Zones.
B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.
C. Multiple dwelling units.
D. Boardinghouses and lodging houses.
E. Licensed rest homes.
F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.
G. A Small Community Care Facility on each building site.
SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.040 Accessory Uses
Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, including Accessory Dwelling Units in accordance with Chapter 30.91.
SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed ResidentialCentral (RC Zone) be amended as follows:
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30.21.030 Allowable Uses
The following uses are allowable in the RC Zone:
A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.
B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.
SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows:
30.21.040 Accessory Uses
A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.
B. Off-street parking for a permitted use.
C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.
D. Accessory Dwelling Units in accordance with Chapter 30.91.
SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:
30.91.010 - Purpose
The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.
30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted
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A. An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Sections 30.91.040 and 30.91.060, on any lot that is zoned to allow residential or mixed use including the Carmel Valley Precise Plan (permitted only on residential lots 3-9, 11-17, 20-29) and other Specific Plan zones that have been developed or are proposed to be developed with at least one or more residential units.
B. A Junior Accessory Dwelling Unit (JrADU) is permitted within the walls of an existing or proposed single dwelling unit, including an attached garage, and is subject to the development regulations in Section 30.91.050. JrADUs are permitted on property when located on a lot within one of the following single dwelling unit zones:
1. Very Low Density Residential Zone (R1-40)
2. Modified Low Density Residential Zone (R1-14)
3. Low Density Residential Zone (R1-10)
4. Low Density-Beach Residential Zone (R1-10B)
5. Medium Density Single-Family Residential Zone (R1-5)
6. Medium Density Single-Family Residential Zone-Beach (R1-5B)
7. Carmel Valley Precise Plan Specific Plan (CVPP), Residential lots 3-9, 11-17, 20-29
C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones if deed restricted affordable for a lower income household for a term of at least 30 years.
D. Development of an ADU, JrADU, or Tiny Home pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located.
30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units
A. All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of a building permit and Administrative Coastal Development Permit as applicable in
30.91.030.E. The City shall ministerially approve or disapprove a complete building permit application for an ADU/JrADU in compliance with time periods established by State law. If the City disapproves an application for an ADU or JrADU, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
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1. ADU Submittal Requirements.
In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following as applicable to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community Development Director:
a. Site Plan: A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of all structures on the lot. (i) Calculation of the ADU size shall include all interior floor space within the surrounding exterior walls of the ADU as calculated from the inside face of the wall studs.
(ii) The site plan shall also depict all protected trees (Monterey Cypress and Torrey Pine Species) on the lot and identify a tree protection zone for each protected tree on-site to ensure protection during construction.
(iii) Additional site plan detail, per the City’s ADU checklist on file with the City, shall be included for engineering review of any application to construct an ADU that would be either attached to the primary dwelling unit or constructed as a new detached structure. This includes plan details for proposed
development that includes partial or full demolition of an existing structure on-site to accommodate the ADU, which may include partial demolition of the existing residence or demolition of an existing garage, carport, or other accessory structure.
(iv) In the Coastal Bluff Overlay Zone, a proposed ADU must comply with the recommendations of a geotechnical report in accordance with Chapter 30.55 when sited in a new structure or within a non-habitable space that would be converted to habitable space.
(v) Except where required per Section 30.91.030(A)(1)(a)(iv), engineering review is not required if the ADU would be located within an existing primary dwelling unit or existing accessory structure.
b. The plans shall include building cross sections taken through the structure and adjacent grade in at least two directions and elevations with proposed height fully dimensioned showing all facade openings and exterior finishes. Elevations and sections shall indicate the line 26 October 16, 2023 Item 06
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of existing and proposed grade as necessary to depict any grading to occur as a result of the ADU development.
c. A floor plan to identify the exterior entry, number of bedrooms, fully functioning bathroom, and kitchen for the ADU to demonstrate compliance with the requirements for a separate exterior entry compliant with the maximum size allowance, and consistency with the Government Code Section 65852.2(j) definition of ADU that requires an ADU include permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a bathroom and a fully functioning kitchen, which includes a fully functioning cooking area (and not merely a hot plate) and includes other standard kitchen appliances, food storage cabinets, a countertop/food preparation area proportional to the size of the ADU, and a fully functioning sink. d. Information regarding available water and sewer utility easements, services, and connections, and whether the existing primary residence has an automatic residential sprinkler system. e. Standard notes printed on the construction plans prior to building permit approval, including the following statements:
(i) The ADU may be leased but shall not be sold separate from the primary dwelling unit, except that a qualified non-profit affordable housing organization per Government Code
Section 65852.26 may sell a deed restricted ADU to an
eligible low-income owner.
(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for newly created ADUs. Effective January 1, 2025, the property owner shall reside on the property in either the primary dwelling unit or in the ADU.
(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.
(iv) If the ADU is rented or leased, the term for rental shall be the greater of 30 consecutive days, except where the ADU is located in zones that allow for commercial land uses.
f. A certification of height, setback, and square footage compliance shall be submitted prior to framing inspection.
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g. A construction-phase parking and equipment/materials storage plan. h. If applicable, a Federal Emergency Management Agency (FEMA) elevation certificate shall be provided at initial application submittal, and updated (if necessary) prior to building permit issuance. An asbuilt elevation certificate will also be required prior to final inspection and occupancy.
i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in Section
30.91.040.
2. JrADU Submittal Requirements.
In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:
a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that identifies any existing or proposed ADUs on the lot
b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry, and the bathroom the JrADU will have access to.
c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed JrADU in a new structure or within a non-habitable space that would be converted to habitable space.
B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:
1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing. 2 The proposed location of the ADU or JrADU shall be depicted on development plans for the proposed primary dwelling unit.
3. The City may delay acting on the ADU or JrADU permit application until the City acts on the permit application to create the new primary dwelling unit.
However, the ADU or JrADU application will be processed without discretionary review or public hearing.
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4. The decision maker on the primary dwelling unit is precluded from considering the pending ADU or JrADU as part of the discretionary review or hearing for the primary dwelling unit.
5. If the applicant requests a delay, the 60-day time period for review and approval set forth in Section 30.91.030(A) shall be tolled for the period of the delay.
C. Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Del Mar Municipal Code Chapter 23.04 (Building Construction General Provisions). ADUs or JrADUs located in High Fire Hazard Severity Zones shall comply with all applicable Building Code standards for those zones.
D. Notwithstanding the provisions of the Del Mar Municipal Code, development of an ADU designed in accordance with Section 30.91.040 or a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases below, except where it requires an Administrative Coastal Development Permit, pursuant to Section 30.91.030.E
1. Exempt from a Design Review Permit (Chapter 23.28) in all zones including the Carmel Valley Precise Plan and Specific Plan zones.
2. Exempt from a Land Conservation Permit (Chapter 23.33) for all grading proposed within the development footprint for the ADU structure; however, the requirement for an excavation or grading permit in accordance with Chapter 23.32 still applies. A Land Conservation Permit may be required through a separate approval process for any excavation and grading activities proposed outside of the ADU development footprint where such grading and excavation is not required for ADU occupancy.
3. Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:
a. ADU will be located entirely within the walls of an existing habitable structure or within existing non-habitable space located at or above the base flood elevation that is converted to habitable space for the ADU; or
b. ADU will be located in a structure that is designed as follows:
(i) The lowest floor (including basement) will be elevated to or above the base flood elevation plus one foot;
(ii) The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
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(iii) Construction materials will be resistant to flood damage; and (iv) All plumbing, electrical, heating, ventilation, and air conditioning equipment will be designed to prevent water from entering or accumulating within the components during
conditions of flooding.
4. Exempt from a Conditional Use Permit (Chapter 30.74) where:
a. Located in the Bluff, Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least 10 feet from the bottom of a steep slope per Section 30.52.070; or
b. Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet from the top edge of a coastal bluff per Section 30.55.080.
E. The California Coastal Act requires issuance of an Administrative Coastal Development Permit implemented in accordance with DMMC Chapter 30.75, to harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:
1. California Government Code section 65852.2 (l) provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.
2. The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following:
a. An ADU or JrADU created through conversion of entirely existing habitable space; and
b. Consistent with other residential development in the City, the ADU or JrADU is not located in any of the following Overlay Zones:
Floodplain, Beach, Lagoon, Coastal Bluff, or Bluff, Slope, and Canyon; and
c. Consistent with other residential development in the City, that the ADU or JrADU application is not in a location subject to the permit appeal authority of the Coastal Commission as defined by DMMC Section 30.75.030.
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3. An Administrative Coastal Development Permit in accordance with Section
30.75.080 shall be obtained for an ADU or JrADU that does not meet the exemptions listed in Section 30.91.030(E)(2).
4. Where an Administrative Coastal Development Permit is required by Section 30.91.030(E)(3), it shall be processed in accordance with the following procedures:
a. In order to approve the ADU, the Planning and Community Development Director shall make a finding that the proposed development is consistent with the requirements of the certified Local Coastal Program, and where applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be required.
b. A Notice of Administrative Coastal Development Approval stating that the Coastal Development Permit has been approved shall be posted at City Hall and on the City’s website, and shall be mailed within five working days of the final action as follows:
(i) Notice shall be mailed to all owners of real property within 300 feet of the exterior boundaries of the property, which is the subject of the hearing with ownership as identified on County Tax Assessors' rolls; and to all occupants of property within 100 feet of the exterior boundaries of the property which is the subject of the application.
(ii) Notice shall be sent via U.S. Postal Service to the Executive Director of the California Coastal Commission.
(iii) The content for the notice of final action by the City shall be in accordance with Section 30.75.120(B)(1-5) and shall contain the date of the decision.
c. Once a final decision of approval or denial is issued by the Planning and Community Development Director, the notice of final action shall be provided within five (5) working days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100. d. If the ADU qualifies as appealable development pursuant to Chapter
30.75, the Planning and Community Development Director’s decision to approve a Coastal Development Permit may be appealed to the Coastal Commission within ten (10) working days in accordance with Section 30.75.110(A) and (B).
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F. ADUs or JrADUs issued permits in accordance with Chapter 30.91 shall expire and become null and void two years after the date of issuance, unless a certificate of occupancy has been issued by the Building Division.
G. The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.
H. The construction of an ADU shall not constitute a Group R occupancy change as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.
I. Prior to issuance of a permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.
J. All dwelling units that meet the definition of a Tiny Home in Section 30.04.190(D) shall be processed in accordance with this Chapter.
30.91.040 Accessory Dwelling Unit Development Regulations A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section 30.91.030.
B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:
1. One ADU or JrADU within the space of a primary single dwelling unit:
a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing structure, except as necessary to accommodate ingress or egress 32 October 16, 2023 Item 06
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through a maximum expansion of 150 square feet beyond the physical dimensions of the existing structure.
b. If an ADU is developed under Section 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or JrADU was permitted in accordance with section (a) in the above. c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a maximum of one detached ADU (one converted detached structure or new ADU structure) shall be permitted on the lot in addition to the JrADU in accordance with Section 30.91.040(B)(3).
2. One ADU attached to a primary single dwelling unit:
a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be constructed as part of the overall primary single dwelling unit and must share a common wall with the primary single dwelling unit.
b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.
3. One Detached ADU (new structure or conversion of existing structure):
a. There shall not be more than one detached ADU per lot. b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single dwelling unit, including conversion of an attached garage, in accordance with Section 30.91.040(B)(1). A JrADU is not permitted within a detached structure.
c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure. d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to, but not exceeding, 150 square feet beyond the physical dimensions of the existing structure. This provision applies even where the existing accessory structure exceeds the maximum allowable square footage for an ADU.
4. Attachment to an Existing Detached Garage:
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a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU cannot be attached to any other existing accessory structures. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.
C. If the proposed ADU would be located in a designated historic district or on a property that is listed in a Register of Historic Resources (local, state, or national), then the applicant must demonstrate that the design of the proposed ADU, including exterior finishes, windows, access doors, and rooflines, is consistent with the Secretary of the Interior Standards for preservation of historic resources.
D. The ADU shall be designed and operated in compliance with the regulations of the zone, except as otherwise specified in this Chapter, as a residential use dwelling unit that is subordinate to the primary dwelling unit on the property.
One primary residential unit shall be designated on a lot which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted.
1. The ADU shall be designed to comply with the Government Code Section 65852.2(j) definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning: Bathroom consisting of a toilet, sink, a bathtub or shower; and a kitchen. The kitchen includes a cooking appliance (not a hotplate) refrigeration and other appliances, food storage cabinets, and a countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.
2. The ADU shall be designed to comply with the California Building Code and Title 24 requirements for solar installation, if the ADU would be located within a new structure. Only newly constructed, nonmanufactured, detached ADUs are subject to the Energy Code requirement to provide solar panels. The solar panels may be installed on the ADU or on the primary dwelling unit.
3. The ADU shall have a separate address and mailbox from the primary dwelling unit, which must be requested and coordinated with the City.
4. For fire protection access, a minimum of six feet between buildings shall be maintained between a detached accessory dwelling unit and all other buildings and structures on the lot, unless the six foot separation would preclude construction of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7).
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5. In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.
E. The ADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non-profit corporation per Government Code Section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.
F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code Section 65852.2(e)(4).
G. In accordance with California Government Code Section 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU.
For the purpose of this section:
1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.
2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.
3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.
4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from kitchen, living room, and hallway areas.
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5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.
6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.
7. In order to comply with the mandates of the California Coastal Act, the City is required to protect coastal access and coastal resources, which may require modification of the proposed ADU location and size to demonstrate conformity. The City shall accommodate a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate a proposed ADU at least 150 square feet in size that meets the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).
8. The proposed conversion or relocation of square footage from the footprint of an existing ADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.
H. An ADU is not permitted within a building-restricted easement location.
I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):
1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.
2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows; or shall utilize obscured or opaque window glass, clerestory windows, or 36 October 16, 2023 Item 06
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windows with higher sills. Installation of skylights shall be tinted to avoid interior light transmission.
3. Rooftop decks are prohibited.
4. Where provided, fireplaces and chimneys shall be attached to the ADU and shall be no higher than the minimum height required per the California Building Code.
5. ADU roof eaves shall not encroach into four (4) foot side or rear setback.
6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, colors and finishes as the primary unit if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.
7. Outdoor speakers, televisions or other permanent electronic entertainment features with mechanically or electronic generated noise are prohibited.
8. An exterior wall heater or air conditioning unit is permitted for an ADU and shall maintain all required minimum setbacks applicable to the ADU.
J. The ADU shall have a separate exterior entry from the primary dwelling unit.
1. The ADU exterior entry shall not be required to have a pathway connection to the street.
2. Consistent with other residential development in the City, if located in the Floodplain Overlay Zone, and the ADU is required to be elevated for compliance with applicable floodplain standards, the entryway to the ADU shall be limited to the minimum width for entry access as required by the California Building Code. Should an ADU application request a greater design width than the minimum required for exterior entry per the California Building Code, then approval of an Administrative Design Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.
3. An attached ADU is permitted to have interior access into the primary dwelling unit in addition to the required exterior entry.
K. The following identifies the maximum building height for construction of an ADU:
1. The maximum building height of a detached ADU shall not exceed 16 feet above grade.
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2. Notwithstanding Section 30.91.040(K)(1), on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, the maximum building height of a detached ADU, shall not exceed 18 feet above grade.
3. Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet.
b. Attached ADUs may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.
4. Consistent with other residential development in the City and for the purpose of Chapter 30.91, height shall be measured in accordance with DMMC Section 30.04.080(A), except on those parcels that fall entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.
5. Within the Bluff, Slope, and Canyon Overlay Zone, the 14-foot maximum building height of the Overlay Zone shall apply in accordance with the provisions stated above, for consistency with the certified Local Coastal Program.
L. Exterior lighting shall be limited to the minimum necessary for compliance with California Building Code requirements. All outdoor lighting of an ADU shall be fully shielded, a maximum of 2700 Kelvin, and directed downward and away from neighboring properties and/or public rights-of-way. All exterior lighting 38 October 16, 2023 Item 06
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shall be equipped with shut off controls or sensors, timers, or motion detectors.
Shielded up-lighting and fixtures with an adjustable aiming angle are prohibited.
M. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:
1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the nonconforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040(M)(3).
2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.
3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.
4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.
5. In all cases, including the conversion of non-habitable, legal nonconforming structures noted in Section 30.91.040(M)(1), the ADU shall comply with Coastal resource protections that require the following additional setback requirements:
a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone.
b. The required minimum Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required minimum setback in the Bluff, Slope, and Canyon Overlay Zone.
d. Any minimum setbacks required to protect wetlands, wetland habitat, and environmentally sensitive habitat or related area buffers.
e. The minimum interior side, street side, and rear yard setbacks required by the applicable zone, if necessary to protect public 39 October 16, 2023 Item 06
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scenic views in compliance with the certified Local Coastal Program.
N. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to an ADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.
1. The replacement parking may be covered or uncovered and may be located within a driveway or yard setback in a location with an improved parking surface (i.e. paving, hardscape, decomposed granite, etc.)
2. The location of replacement parking shall be consistent with all wetland habitat buffers, geologic stability setbacks, and public scenic view protection regulations contained in the certified LCP.
3. The replacement parking may be provided as tandem spaces or accessible by mechanical lift (if the mechanical lift is within a garage).
O. To avoid significant impacts to public access within the Coastal Commission Appeals Jurisdiction (where public parking has been determined by the Coastal Commission to be scarce), the ADU shall provide one off-street parking space (covered or uncovered), except as follows:
1. The property on which the ADU is situated is located outside of the Coastal Commission Appeals Jurisdiction, as delineated in the Del Mar Community Plan and certified LCP.
2. The ADU would be located within the existing primary dwelling unit.
3. The ADU would be located within an existing accessory building on the property.
4. The ADU would be located on a property within one-half mile walking distance of public transit, including a bus stop, train station, or paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction, as additional parking is still required on those lots to maintain coastal access.
5. The ADU would be located in a designated historic district or on a property listed in a Register of Historic Resources (local, state, or national).
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6. The ADU would be located on a property within one block of a designated car share parking location.
P. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not include improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects.
Q. An automatic residential fire sprinkler system shall not be required for an ADU if the existing primary dwelling unit does not contain such a system.
R. ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees.
1. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained within the existing primary dwelling unit or within an existing accessory building. The connection fee shall be proportionate to the burden of the ADU based on the ADU size and number of plumbing fixtures.
2. Conversion of floor space to an ADU within an existing structure with the appropriate meter size shall not be subject to new water and sewer connection fees.
S. For consistency with the Coastal Act, scenic views shall be protected as follows:
1. Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.
2. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan, as well as the appropriate setback(s) that protects public scenic views to the ocean. 41 October 16, 2023 Item 06
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3. There are no private, primary scenic view protections from an ADU, and no protection of private views from a primary residence, as a result of ADU development.
T. Any additional accessory mechanical equipment or exterior building features that are not otherwise required by Section 30.91.040, or for a dwelling unit per the California Building Code, shall be subject to Design Review in accordance with Chapter 23.08.
U. ADUs shall not be located or approved where the ADU or JrADU is located on: A beach, a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program.
V. The owner of an ADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the ADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.
W. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), ADU or JrADU development shall not create significant alterations to landforms, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects. If the ADU is proposed within a proposed structure, the development pad for the new ADU structure shall be located at a grade elevation with a slope that is no greater than 4 to 1.
X. If a proposed ADU is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the following shall apply as a requirement for the administrative Coastal Development Permit:
1. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards including those from impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures.
2. The landowner shall record a notice on the property and notice all occupants that:
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a. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM or its latest version), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise; and
b. The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development and indemnify the City from any claims related to property damage or personal injury.
3. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.91.040(X)(2) shall also reflect the following:
a. That sea level rise and flooding could render it difficult or impossible to provide services to the site.
b. That the boundary between public land (tidelands) and private and may shift with rising seas and the development approval does not permit encroachment onto public trust land.
c. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
4. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all current flood safety requirements applicable at the time of approval, the development may, in the future, be required to be removed or relocated in accordance with the certified LCP, or by updates to FEMA mapping modeling, if the Building Official determines the development becomes unsafe for occupancy due to flood hazard conditions.
Y. To aid in the prevention of loss of life, proposed ADU development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone shall demonstrate that:
1. The ADU site location has at least two emergency evacuation routes, and the Applicant shall be required to prepare an evacuation map specific to the parcel; or
2. The Applicant shall provide evidence of an equivalent measure that demonstrates that the development will have no adverse impacts to public health and safety.
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30.91.050 Junior Accessory Dwelling Unit Development Regulations A. A Junior Accessory Dwelling Unit (JrADU) is a small dwelling unit that is no more than 500 square feet in size and contained entirely within, and accessory to, an existing, or proposed, habitable primary Single Dwelling Unit pursuant to the regulations in Section 30.91.050 and California Government Code section 65852.22. The JrADU may be created within the walls of an attached garage as attached garages are considered to be within the walls of the primary dwelling unit consistent with State law.
B. A JrADU that is designed to meet all of the requirements in Section 30.91.050 shall be issued a permit in accordance with Section 30.91.030. The City is preempted by State Law from requiring any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section 30.91.030(C)(5).
C. A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a single dwelling unit residential zone that allows JrADUs as identified in Section 30.91.020.
1. A JrADU shall not be permitted in a multiple dwelling unit, mixed use, or non-residential zone or on a lot with multiple dwelling unit development.
2. A JrADU shall be permitted only within the walls of a primary single dwelling unit, which can include an attached garage.
3. A lot with a JrADU may also contain a detached ADU on the lot in accordance with Section 30.91.040(B).
4. A JrADU shall not be permitted within a detached structure.
5. The maximum floor area ratio of a lot shall not prohibit development of a JrADU within the walls of the primary dwelling unit. Relocation of any converted square footage from the footprint of the JrADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s).
D. A JrADU shall be constructed entirely within the walls of an existing or proposed primary single dwelling unit and shall include the following:
1. A separate exterior entry to the primary dwelling unit that is separate from the main entrance;
2. A cooking facility with appliances, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and 44 October 16, 2023 Item 06
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3. Access to a bathroom within the JrADU or the primary dwelling unit.
4. Although JrADUs are required to be within the walls of the primary dwelling unit, they are not required to have an interior connection to the primary dwelling unit.
E. Post January 2025, the property owner shall reside on the property in either the primary dwelling unit or in the JrADU, unless the property is owned by a governmental agency, land trust or non-profit housing organization. The requirement for the property owner to reside in either the primary dwelling unit or in the JrADU shall also apply to properties developed with an ADU and JrADU.
F. The JrADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit, nor shall authorization be granted for a condominium conversion of a JrADU. If rented, the term for rental shall be for a term longer than 30 consecutive days.
G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required offstreet parking for the primary dwelling unit shall be maintained or replaced onsite.
H. A JrADU shall not be considered a separate or new dwelling unit for the purpose of any fire or life safety regulation. Fire or life safety requirements that apply to a single dwelling unit may be applied to the structure as a whole inclusive of the JrADU. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required for the JrADU.
I. An automatic residential fire sprinkler system shall not be required for a JrADU if the existing primary dwelling unit does not contain such a system.
J. A primary dwelling unit with the appropriate meter size shall not be subject to new water and sewer connection fees for conversion of existing floor space to a JrADU.
K. There are no private, primary scenic view protections from a JrADU.
L. The owner of a JrADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the JrADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.
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M. If a proposed JrADU is subject to approval of an Administrative Coastal Development, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.X.
30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:
1. One ADU within the walls of the existing primary dwelling unit; or
2. One ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level at a maximum height not to exceed 16 feet above grade; or
3. One detached ADU per primary dwelling unit at a maximum height not to exceed 16 feet above grade.
4. The two ADUs shall not be attached to each other.
B. On a lot where multiple dwelling units are located within an existing structure that contains three or more dwelling units or within multiple structures that contain three or more dwelling units, the property owner shall be permitted to convert existing spaces within each multiple dwelling unit structure to ADUs as follows:
1. The maximum number of ADUs permitted in accordance with Section
30.91.060(B) shall not exceed 25 percent of the total number of existing dwelling units on the lot.
2. The existing space to be converted to an ADU shall not be located within, or solely owned or controlled by, an individual dwelling unit on the multiple dwelling unit lot.
3. Conversion of the space shall comply with the California Building Code Standards for a dwelling unit; unless inconsistent with State law.
4. Conversion of the space would not be in conflict with the existing permits applicable to the property by removing required access, open space, or recreation amenities.
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C. Up to two detached ADUs are permitted on a lot with existing multiple dwelling units in addition to the ADUs allowed within the existing multiple dwelling unit structure per Section 30.91.060(B) subject to the following:
1. The City shall accommodate proposed ADUs meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate ADUs at least 150 square feet in size that meet the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).
2. The maximum height of a detached ADU shall be 16 feet above grade.
3. A detached ADU shall comply with the required street fronting setbacks of the applicable zone, but otherwise may be located within 4 feet of the side or rear property lines, except that in all cases, including conversion of nonhabitable, legal, non-conforming structures noted in Section
30.91.040(M)(1), the ADU shall comply with the following additional setback requirements.
a. The required coastal bluff setback in the Coastal Bluff Overlay Zone.
b. The required Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required setback in the Bluff, Slope, and Canyon Overlay Zone.
d. Any setbacks required to protect wetlands, wetland habitat, coastal access, and environmentally sensitive habitat area buffers.
e. Per the City’s LCP, the interior side and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views to the ocean.
D. All ADUs developed in accordance with Section 30.91.060 shall also comply with the standards in Section 30.91.040, unless explicitly stated otherwise. Where designed accordingly, proposed ADUs on lots with multiple dwelling units shall be issued a permit in accordance with Section 30.91.030. 47 October 16, 2023 Item 06
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30.91.070 Incentive Program
A. In order to encourage the use of ADUs to provide housing for lower income households, as defined by the California Department of Housing and Community Development, the City has an incentive program available. Incentives shall be granted to property owners who commit to record a deed restriction, covenant, and/or similar instrument that limits the use and occupancy of the ADU based on restricted income limits and applicable rental rates for a low-income household as established annually by the State of California.
B. The incentives may include fee waivers or refunds and other incentives adopted by Ordinance in addition to the following planning and zoning incentives:
1. On lots with single dwelling unit or duplex development (attached or unattached), one bonus unit of a maximum 500 square feet in size JrADU shall be awarded as a means to help the property owner offset the investment needed to create the rent restricted ADU. The bonus unit must comply with the provisions set forth in Section 30.91.050. Notwithstanding Section 30.91.050(A), a bonus unit may be developed as a JrADU in multiple dwelling unit zones for the purposes of the Incentive Program. In addition, a 500 square foot FAR bonus shall be awarded.
2. On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, shall be awarded bonus units (ADUs and/or JrADUs) at a percentage that is proportional to help offset the cost associated with creation of rent restricted units.
a. Owners shall identify and designate by deed restriction, covenant, and/or similar instrument each new deed restricted low-income unit to be created on-site, which may include a combination of any existing dwelling units and/or any new units developed per the Incentive Program.
b. Development of the bonus units must comply with the objective standards in Sections 30.91.060 and 30.91.050 except as follows:
(i) New bonus units shall be located either within the walls of existing structures on-site within converted or re-purposed space and/or consolidated and co-located within a maximum of one new structure developed in compliance with
protections of the certified LCP for public scenic views, environmentally sensitive habitat areas, and minimum
setbacks, maximum height, and parking standards of the
applicable base zone and overlay zones. Bonus unit
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development shall be exempt from the Floor Area Ratio (FAR) and lot coverage limits of the zone.
(ii) Notwithstanding Section 30.91.050(A), bonus units may be developed as a JrADU in multi dwelling unit zones for the purposes of the Incentive Program.
(iii) Properties with existing non-conforming density shall be eligible for the Incentive Program if the property has an onsite property manager. (iv) A maximum of 15 bonus units shall be awarded per project.
3. All applications for participation in the City’s Incentive Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.
30.91.080 Amnesty Program
To encourage owners with existing, unpermitted ADUs as of April 15, 2021, to obtain permits and formally legalize their units, the City has established a program whereby all applications for participation in the City’s ADU Amnesty Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.
30.91.090 Severability
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect.
SECTION SEVEN:
Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and Statutory exemption per CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and this section shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code for the activities necessary for the preparation and 49 October 16, 2023 Item 06
Ordinance No. XXXX
adoption of an LCP amendment in compliance with the Coastal Act. The proposed actions include corollary amendments to the City’s Zoning Code, which is part of the certified City of Del Mar LCP as certified under Section 21080.5 of the Public Resources Code; and
Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.
Notwithstanding applicability of the Statutory Exemptions and Categorical Exemptions identified above, the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.
SECTION EIGHT:
This Ordinance was introduced by the City Council on October 2, 2023.
SECTION NINE:
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.
50 October 16, 2023 Item 06
Ordinance No. XXXX
SECTION TEN:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION ELEVEN:
Within 30 days of City Council adoption, the Ordinance will be submitted to the California Department of Housing and Community Development for review in accordance with State Housing law.
SECTION TWELVE:
Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 13th day of November 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
51 October 16, 2023 Item 06
Ordinance No. XXXX
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 13 th day of
November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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1 Strikeout-Underline Copy of ADU Regulations Ordinance The Strikeout-Underline copy of the ADU Regulations Ordinance identifies more specific details about the amendments being made to the Del Mar Municipal Code (DMMC).
Text shown in underline is new text that is being added to the DMMC. Text shown in strikeout is text that is being deleted from the DMMC. The red text shown in track changes below is text that was added to demonstrate consistency and strengthen compliance with the certified LCP, Government Code, and Coastal Act including the Planning Commission recommendation to the City Council on September 12, 2023, and in response to additional comments and feedback submitted by members of the public.
SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:
A. through C. [No change to Tandem Parking Space through Temporary Enclosure] D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.
DE. [Modify order of Trailer Coach through Trellis to be sections E. through H.] SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.030 Allowable Uses
The allowable uses in the RM-South Zone are:
A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RMCentral Zones, except that Accessory Dwelling Units and Junior Accessory Dwelling Units are not permitted.
B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.
C. Multiple dwelling units.
D. Boardinghouses and lodging houses.
E. Licensed rest homes.
F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.
Attachment B
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2 G. A Small Community Care Facility on each building site.
SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.040 Accessory Uses
Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, except that Accessory Dwelling Units are not permitted including Accessory Dwelling Units in accordance with Chapter 30.91.
SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed ResidentialCentral (RC Zone) be amended as follows:
30.21.030 Allowable Uses
The following uses are allowable in the RC Zone:
A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use. Accessory Dwelling Units are permitted on a lot with an existing single dwelling unit.
B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.
SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows:
30.21.040 Accessory Uses
A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.
B. Off-street parking for a permitted use.
C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.
D. Accessory Dwelling Units in accordance with Chapter 30.91.
SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:
30.91.010 Purpose
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3 The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program.
Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.
30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted
A. An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Sections 30.91.040 and 30.91.060, on any lot that is zoned to allow residential or mixed use including the Carmel Valley Precise Plan (permitted only on residential lots 3-9, 11-17, 20-29) and other Specific Plan zones that have been developed or are proposed to be developed with at least one or more residential units.
B. A Junior Accessory Dwelling Unit (JrADU) is permitted within the walls of an existing or proposed single dwelling unit, including an attached garage, and is subject to the development regulations in Section 30.91.050. JrADUs are permitted on property when located on a lot within one of the following single dwelling unit zones:
1. Very Low Density Residential Zone (R1-40)
2. Modified Low Density Residential Zone (R1-14)
3. Low Density Residential Zone (R1-10)
4. Low Density-Beach Residential Zone (R1-10B)
5. Medium Density Single-Family Residential Zone (R1-5)
6. Medium Density Single-Family Residential Zone-Beach (R1-5B)
7. Carmel Valley Precise Plan Specific Plan (CVPP), Residential lots 3-9, 11-17, 20-29
C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones if deed restricted affordable for a lower income household for a term of at least 30 years.
D. Development of an ADU, JrADU, or Tiny Home pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located.
30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units
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4 A. All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of a building permit and Administrative Coastal Development Permit as applicable in 30.91.030.E. The City shall ministerially approve or disapprove a complete building permit application for an ADU/JrADU in compliance with time periods established by State law. If the City disapproves an application for an ADU or JrADU, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
1. ADU Submittal Requirements.
In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following as applicable to demonstrate compliance with Section
30.91.040 to the satisfaction of the Planning and Community Development Director:
a. Site Plan: A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of all structures on the lot.
(i) Calculation of the ADU size shall include all interior floor space within the surrounding exterior walls of the ADU as calculated from the inside face of the wall studs.
(ii) The site plan shall also depict all protected trees (Monterey Cypress and Torrey Pine Species) on the lot
and identify a tree protection zone for each protected tree on-site to ensure protection during construction.
(iii) Additional site plan detail, per the City’s ADU checklist on file with the City, shall be included for engineering review of any application to construct an ADU that would be either attached to the primary dwelling unit or constructed as a new detached structure. This includes plan details for
proposed development that includes partial or full
demolition of an existing structure on-site to accommodate the ADU, which may include partial demolition of the
existing residence or demolition of an existing garage, carport, or other accessory structure.
(iv) In the Coastal Bluff Overlay Zone, a proposed ADU must comply with the recommendations of a geotechnical report 56 October 16, 2023 Item 06
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5 in accordance with Chapter 30.55 when sited in a new
structure or within a non-habitable space that would be converted to habitable space.
(v) Except where required per Section 30.91.030(A)(1)(a)(iv), engineering review is not required if the ADU would be
located within an existing primary dwelling unit or existing accessory structure.
b. The plans shall include building cross sections taken through the structure and adjacent grade in at least two directions and elevations with proposed height fully dimensioned showing all facade openings and exterior finishes. Elevations and
sections shall indicate the line of existing and proposed grade as necessary to depict any grading to occur as a result of the ADU development.
c. A floor plan to identify the exterior entry, number of bedrooms, fully functioning bathroom, and kitchen for the ADU to
demonstrate compliance with the requirements for a separate exterior entry compliant with the maximum size allowance, and consistency with the Government Code Section 65852.2(j) definition of ADU that requires an ADU include permanent provisions for living, sleeping, eating, cooking, and sanitation.
This is typically demonstrated by identifying that the ADU includes a bathroom and a fully functioning kitchen, which includes a fully functioning cooking area (and not merely a hot plate) and includes other standard kitchen appliances, food storage cabinets, a countertop/food preparation area
proportional to the size of the ADU, and a fully functioning sink. d. Information regarding available water and sewer utility easements, services, and connections, and whether the existing primary residence has an automatic residential sprinkler system. e. Standard notes printed on the construction plans prior to building permit approval, including the following statements:
(i) The ADU may be leased but shall not be sold separate from the primary dwelling unit, except that a qualified nonprofit affordable housing organization per Government Code Section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.
(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for 57 October 16, 2023 Item 06
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6 newly created ADUs. Effective January 1, 2025, the
property owner shall reside on the property in either the primary dwelling unit or in the ADU.
(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.
(iv) If the ADU is rented or leased, the term for rental shall be the greater of 30 consecutive days, except where the
ADU is located in zones that allow for commercial land
uses.
f. A certification of height, setback, and square footage compliance shall be submitted prior to framing inspection.
g. A construction-phase parking and equipment/materials storage plan.
h. If applicable, a Federal Emergency Management Agency (FEMA) elevation certificate shall be provided at initial application submittal, and updated (if necessary) prior to building permit issuance. An as-built elevation certificate will also be required prior to final inspection and occupancy.
i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in Section 30.91.040.
2. JrADU Submittal Requirements.
In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:
a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that identifies any existing or proposed ADUs on the lot
b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry, and the bathroom the JrADU will have access to.
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7 c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed JrADU in a new structure or within a non-habitable space that would be converted to habitable space.
B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:
1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing.
2 The proposed location of the ADU or JrADU shall be depicted on development plans for the proposed primary dwelling unit.
3. The City may delay acting on the ADU or JrADU permit application until the City acts on the permit application to create the new primary dwelling unit. However, the ADU or JrADU application will be processed without discretionary review or public hearing.
4. The decision maker on the primary dwelling unit is precluded from considering the pending ADU or JrADU as part of the discretionary review or hearing for the primary dwelling unit.
5. If the applicant requests a delay, the 60-day time period for review and approval set forth in Section 30.91.030(A) shall be tolled for the period of the delay.
C. Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Del Mar Municipal Code Chapter 23.04 (Building Construction General Provisions).
ADUs or JrADUs located in High Fire Hazard Severity Zones shall comply with all applicable Building Code standards for those zones.
D. Notwithstanding the provisions of the Del Mar Municipal Code, development of an ADU designed in accordance with Section 30.91.040 or a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases below, except where it requires an Administrative Coastal Development Permit, pursuant to Section 30.91.030.E
1. Exempt from a Design Review Permit (Chapter 23.28) in all zones including the Carmel Valley Precise Plan and Specific Plan zones.
2. Exempt from a Land Conservation Permit (Chapter 23.33) for all grading proposed within the development footprint for the ADU 59 October 16, 2023 Item 06
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8 structure; however, the requirement for an excavation or grading permit in accordance with Chapter 23.32 still applies. A Land Conservation Permit may be required through a separate
approval process for any excavation and grading activities proposed outside of the ADU development footprint where such grading and excavation is not required for ADU occupancy.
3. Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:
a. ADU will be located entirely within the walls of an existing habitable structure or within existing non-habitable space located at or above the base flood elevation that is converted to habitable space for the ADU; or
b. ADU will be located in a structure that is designed as follows:
i. The lowest floor (including basement) will be elevated to or above the base flood elevation plus one foot;
ii. The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; iii. Construction materials will be resistant to flood damage; and
iv. All plumbing, electrical, heating, ventilation, and air conditioning equipment will be designed to prevent water from entering or accumulating within the components
during conditions of flooding.
4. Exempt from a Conditional Use Permit (Chapter 30.74) where:
a. Located in the Bluff, Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least 10 feet from the bottom of a steep slope per Section
30.52.070; or
b. Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet from the top edge of a coastal bluff per Section 30.55.080.
E. The California Coastal Act requires issuance of an Administrative Coastal Development Permit implemented in accordance with DMMC Chapter 30.75, to 60 October 16, 2023 Item 06
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9 harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:
1. California Government Code section 65852.2 provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.
2. The following proposed ADU or JrADU development is
exempt from an Administrative Coastal Development Permit where it meets all of the following:
a. An ADU or JrADU created through conversion of entirely existing habitable space; and
b. The Consistent with other residential development in the City, the ADU or JrADU is not located in any of the
following Overlay Zones: Floodplain, Beach, Lagoon,
Coastal Bluff, or Bluff, Slope, and Canyon; and
c. That Consistent with other residential development in the City, that the ADU or JrADU application is not in a location subject to the permit appeal authority of the Coastal
Commission as defined by DMMC Section 30.75.030.
3. An Administrative Coastal Development Permit in accordance with Section 30.75.080 shall be obtained for an ADU or JrADU that does not meet the exemptions listed in Section 30.91.030(E)(2).
4. Where an Administrative Coastal Development Permit is required by Section 30.91.030(E)(3), it shall be processed in accordance with the following procedures:
a. In order to approve the ADU, the Planning and Community Development Director shall make a finding that the
proposed development is consistent with the requirements of the certified Local Coastal Program, and where
applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be
required.
b. A Notice of Administrative Coastal Development
Approval stating that the Coastal Development Permit
has been approved shall be posted at City Hall and on
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10 the City’s website, and shall be mailed within five
working days of the final action as follows:
i. Notice shall be mailed to all owners of real
property within 300 feet of the exterior
boundaries of the property, which is the subject
of the hearing with ownership as identified on
County Tax Assessors' rolls; and to all
occupants of property within 100 feet of the
exterior boundaries of the property which is the
subject of the application.
ii. Notice shall be sent via U.S. Postal Service to
the Executive Director of the California Coastal
Commission.
iii. The content for the notice of final action by the
City shall be in accordance with Section
30.75.120(B)(1-5) and shall contain the date of
the decision.
c. Once a final decision of approval or denial is issued by the Planning and Community Development Director,
the notice of final action shall be provided within five (5) working days to the Executive Director of the Coastal
Commission and to any interested parties who
requested notice in writing in accordance with Section
30.75.100.
d. If the ADU qualifies as appealable development
pursuant to Chapter 30.75, the Planning and
Community Development Director’s decision to approve
a Coastal Development Permit may be appealed to the
Coastal Commission within ten (10) working days in
accordance with Section 30.75.110(A) and (B).
F. ADUs or JrADUs issued permits in accordance with Chapter 30.91 shall expire and become null and void two years after the date of issuance, unless a certificate of occupancy has been issued by the Building Division.
G. The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.
H. The construction of an ADU shall not constitute a Group R occupancy change as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds 62 October 16, 2023 Item 06
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11 that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.
I. Prior to issuance of a permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.
J. All dwelling units that meet the definition of a Tiny Home in Section 30.04.190(D) shall be processed in accordance with this Chapter.
30.91.040 Accessory Dwelling Unit Development Regulations A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section
30.91.030.
B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:
1. One ADU or JrADU within the space of a primary single dwelling unit:
a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing structure, except as necessary to accommodate ingress or egress through a maximum expansion of 150 square feet beyond the physical dimensions of the existing structure.
b. If an ADU is developed under 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or JrADU was permitted in accordance with section (a) in the above. 63 October 16, 2023 Item 06
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12 c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a maximum of one detached ADU (one converted detached
structure or new ADU structure) shall be permitted on the lot in addition to the JrADU in accordance with Section 30.91.040(B)(3).
2. One ADU attached to a primary single dwelling unit:
a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be constructed as part of the overall primary single dwelling unit and must share a common wall with the primary single dwelling unit. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.
3. One Detached ADU (new structure or conversion of existing structure):
a. There shall not be more than one detached ADU per lot. b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single dwelling unit, including conversion of an attached garage, in accordance with Section 30.91.040(B)(1). A JrADU is not permitted within a detached structure.
c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure. d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to, but not exceeding, 150 square feet beyond the physical
dimensions of the existing structure. This provision applies even where the existing accessory structure exceeds the maximum allowable square footage for an ADU.
4. Attachment to an Existing Detached Garage:
a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU cannot be attached to any other existing accessory structures. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.
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13 C. If the proposed ADU would be located in a designated historic district or on a property that is listed in a Register of Historic Resources (local, state, or national), then the applicant must demonstrate that the design of the proposed ADU, including exterior finishes, windows, access doors, and rooflines, is consistent with the Secretary of the Interior Standards for preservation of historic resources.
D. The ADU shall be designed and operated in compliance with the regulations of the zone, except as otherwise specified in this Chapter, as a residential use dwelling unit that is subordinate to the primary dwelling unit on the property.
One primary residential unit shall be designated on a lot which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted.
1. The ADU shall be designed to comply with the Government Code Section 65852.2(j) definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning:
Bathroom consisting of a toilet, sink, a bathtub or shower; and a kitchen. The kitchen includes a cooking appliance (not a hotplate), refrigeration, and other appliances, food storage cabinets, and a countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.
2. The ADU shall be designed to comply with the California Building Code and Title 24 requirements for solar installation, if the ADU would be located within a new structure. Only newly constructed, nonmanufactured, detached ADUs are subject to the Energy Code requirement to provide solar panels. The solar panels may be installed on the ADU or on the primary dwelling unit.
3. The ADU shall have a separate address and mailbox from the primary dwelling unit, which must be requested and coordinated with the City.
4. For fire protection access, a minimum of six feet between buildings shall be maintained between a detached accessory dwelling unit and all other buildings and structures on the lot, unless the six foot separation would preclude construction of an 800 square foot ADU,
notwithstanding section 30.91.040(G)(7).
5. In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.
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14 E. The ADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified nonprofit corporation per Government Code section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.
F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code section 65852.2(e)(4).
G. In accordance with California Government Code Section 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU. For the purpose of this section:
1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.
2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.
3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.
4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from kitchen, living room, and hallway areas.
5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.
6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.
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15 7. In order to comply with the mandates of the California Coastal Act, the City is required to protect coastal access and coastal resources, which may require modification of the proposed ADU location and size to demonstrate conformity. The City shall accommodate a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate a proposed ADU at least 150 square feet in size that meets the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).
8. The proposed conversion or relocation of square footage from the footprint of an existing ADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.
H. An ADU is not permitted within a building-restricted easement location.
I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):
1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.
2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows; or shall utilize obscured or opaque window glass, clerestory windows, or windows with higher sills. Installation of skylights shall be tinted to avoid interior light transmission.
3. Rooftop decks are prohibited.
4. Where provided, fireplaces and chimneys shall be attached to the ADU and shall be no higher than the minimum height required per the California Building Code.
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16 5. ADU roof eaves shall not encroach into four (4) foot side or rear setback.
6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, colors and finishes as the primary unit if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.
7. Outdoor speakers, televisions or other permanent electronic entertainment features with mechanically or electronic generated noise are prohibited.
8. An exterior wall heater or air conditioning unit is permitted for an ADU and shall maintain all required minimum setbacks applicable to the ADU.
J. The ADU shall have a separate exterior entry from the primary dwelling unit.
1. The ADU exterior entry shall not be required to have a pathway connection to the street.
2. If Consistent with other residential development in the City, if located in the Floodplain Overlay Zone, and the ADU is required to be elevated for compliance with applicable floodplain standards, the entryway to the ADU shall be limited to the minimum width for entry access as required by the California Building Code. Should an ADU application request a greater design width than the minimum required for exterior entry per the California Building Code, then approval of an Administrative Design Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.
3. An attached ADU is permitted to have interior access into the primary dwelling unit in addition to the required exterior entry.
K. The following identifies the maximum building height for construction of an ADU:
1. The maximum building height of a detached ADU shall not exceed 16 feet above grade.
2. Notwithstanding Section 30.91.040(K)(1), on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, the maximum building height of a detached ADU, shall not exceed 18 feet above grade.
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17 3. Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet. b. Attached ADUs may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.
4. For Consistent with other residential and for the purpose of Chapter
30.91, height shall be measured in accordance with DMMC Section
30.04.080(A), except on those parcels that fall entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.
5. Within the Bluff, Slope, and Canyon Overlay Zone, the 14-foot maximum building height of the Overlay Zone shall apply in accordance with the provisions stated above, for consistency with the certified Local Coastal Program.
L. Exterior lighting shall be limited to the minimum necessary for compliance with California Building Code requirements. All outdoor lighting of an ADU shall be fully shielded, a maximum of 2700 Kelvin, and directed downward and away from neighboring properties and/or public rights-of-way. All exterior lighting shall be equipped with shut off controls or sensors, timers, or motion detectors. Shielded up-lighting and fixtures with an adjustable aiming angle are prohibited.
M. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:
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18 1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the non-conforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section
30.91.040(M)(3).
2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.
3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.
4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.
5. In all cases, including the conversion of non-habitable, legal nonconforming structures noted in Section 30.91.040(M)(1), the ADU shall comply with Coastal resource protections that require the following additional setback requirements:
a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone.
b. The required minimum Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required minimum setback in the Bluff, Slope, and Canyon Overlay Zone.
d. Any minimum setbacks required to protect wetlands, wetland habitat, and environmentally sensitive habitat or related area buffers.
e. The minimum interior side, street side, and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views in compliance with the certified Local Coastal Program.
N. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or 70 October 16, 2023 Item 06
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19 converted to an ADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.
1. The replacement parking may be covered or uncovered and may be located within a driveway or yard setback in a location with an improved parking surface (i.e. paving, hardscape, decomposed granite, etc.)
2. The location of replacement parking shall be consistent with all wetland habitat buffers, geologic stability setbacks, and public scenic view protection regulations contained in the certified LCP.
3. The replacement parking may be provided as tandem spaces or accessible by mechanical lift (if the mechanical lift is within a garage).
O. To avoid significant impacts to public access within the Coastal Commission Appeals Jurisdiction (where public parking has been determined by the Coastal Commission to be scarce), the ADU shall provide one off-street parking space (covered or uncovered), except as follows:
1. The property on which the ADU is situated is located outside of the Coastal Commission Appeals Jurisdiction, as delineated in the Del Mar Community Plan and certified LCP.
2. The ADU would be located within the existing primary dwelling unit.
3. The ADU would be located within an existing accessory building on the property.
4. The ADU would be located on a property within one-half mile walking distance of public transit, including a bus stop, train station, or paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction, as additional parking is still required on those lots to maintain coastal access.
5. The ADU would be located in a designated historic district or on a property listed in a Register of Historic Resources (local, state, or national).
6. The ADU would be located on a property within one block of a designated car share parking location.
P. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. Special construction standards that would not otherwise 71 October 16, 2023 Item 06
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20 apply to the single dwelling unit as a whole shall not be required. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not include improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects.
Q. An automatic residential fire sprinkler system shall not be required for an ADU if the existing primary dwelling unit does not contain such a system.
R. ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees.
1. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained within the existing primary dwelling unit or within an existing accessory building. The connection fee shall be proportionate to the burden of the ADU based on the ADU size and number of plumbing fixtures.
2. Conversion of floor space to an ADU within an existing structure with the appropriate meter size shall not be subject to new water and sewer connection fees.
S. For consistency with the Coastal Act, scenic views shall be protected as follows:
1. Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.
2. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan, as well as the appropriate setback(s) that protects public scenic views to the ocean.
3. There are no private, primary scenic view protections from an ADU, and no protection of private views from a primary residence, as a result of ADU development.
T. Any additional accessory mechanical equipment or exterior building features that are not otherwise required by Section 30.91.040, or for a dwelling unit per the California Building Code, shall be subject to Design Review in accordance with Chapter 23.08.
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21 U. ADUs shall not be located or approved where the ADU or JrADU is located on: A beach, a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program. The ADU or JrADU development shall not create significant alterations to landforms. (See: Coastal Act section 13250) The ADU or JrADU shall not require the expansion or construction of water wells, sewer, fire protection capacities, or septic systems.
V. The owner of an ADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the ADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.
W. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), ADU or JrADU development shall not create significant alterations to landforms, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects. If the ADU is proposed within a proposed structure, the development pad for the new ADU structure shall be located at a grade elevation with a slope that is no greater than 4 to 1.
X. If a proposed ADU is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the following shall apply as a requirement for the administrative Coastal Development Permit:
1. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards including those from impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures.
2. The landowner shall record a notice on the property and notice all occupants that:
a. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM or its latest version), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise; and
b. The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard 73 October 16, 2023 Item 06
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22 shoreline armoring to protect the development and indemnify the City from any claims related to property damage or personal injury.
3. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.91.040(X)(2) shall also reflect the following:
a. That sea level rise and flooding could render it difficult or impossible to provide services to the site.
b. That the boundary between public land (tidelands) and private and may shift with rising seas and the development approval does not permit encroachment onto public trust land.
c. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
4. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all current flood safety requirements applicable at the time of approval, the development may, in the future, be required to be removed or relocated in accordance with the certified LCP, or by updates to FEMA mapping modeling, if the Building Official determines the development becomes unsafe for occupancy due to flood hazard conditions.
Y. To aid in the prevention of loss of life, proposed ADU development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone shall demonstrate that:
1. The ADU site location has at least two emergency evacuation routes, and the Applicant shall be required to prepare an evacuation map specific to the parcel; or
2. The Applicant shall provide evidence of an equivalent measure that demonstrates that the development will have no adverse impacts to public health and safety.
30.91.050 Junior Accessory Dwelling Unit Development Regulations A. A Junior Accessory Dwelling Unit (JrADU) is a small dwelling unit that is no more than 500 square feet in size and contained entirely within, and accessory to, an existing, or proposed, habitable primary Single Dwelling Unit pursuant to the regulations in Section 30.91.050 and California Government Code section 65852.22. The JrADU may be created within the walls of an attached garage as 74 October 16, 2023 Item 06
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23 attached garages are considered to be within the walls of the primary dwelling unit consistent with State law.
B. A JrADU that is designed to meet all of the requirements in Section
30.91.050 shall be issued a permit in accordance with Section 30.91.030.
The City is preempted by State Law from requiring any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section 30.91.030(C)(5).
C. A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a single dwelling unit residential zone that allows JrADUs as identified in Section 30.91.020.
1. A JrADU shall not be permitted in a multiple dwelling unit, mixed use, or non-residential zone or on a lot with multiple dwelling unit development.
2. A JrADU shall be permitted only within the walls of a primary single dwelling unit, which can include an attached garage.
3. A lot with a JrADU may also contain a detached ADU on the lot in accordance with Section 30.91.040(B).
4. A JrADU shall not be permitted within a detached structure.
5. The maximum floor area ratio of a lot shall not prohibit development of a JrADU within the walls of the primary dwelling unit. Relocation of any converted square footage from the footprint of the JrADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s).
D. A JrADU shall be constructed entirely within the walls of an existing or proposed primary single dwelling unit and shall include the following:
1. A separate exterior entry to the primary dwelling unit that is separate from the main entrance;
2. A cooking facility with appliances, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and
3. Access to a bathroom within the JrADU or the primary dwelling unit.
4. Although JrADUs are required to be within the walls of the primary dwelling unit, they are not required to have an interior connection to the primary dwelling unit.
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24 E. Post January 2025, the property owner shall reside on the property in either the primary dwelling unit or in the JrADU, unless the property is owned by a governmental agency, land trust or non-profit housing organization. The requirement for the property owner to reside in either the primary dwelling unit or in the JrADU shall also apply to properties developed with an ADU and JrADU.
F. The JrADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit, nor shall authorization be granted for a condominium conversion of a JrADU. If rented, the term for rental shall be for a term longer than 30 consecutive days.
G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.
H. A JrADU shall not be considered a separate or new dwelling unit for the purpose of any fire or life safety regulation. Fire or life safety requirements that apply to a single dwelling unit may be applied to the structure as a whole inclusive of the JrADU. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required for the JrADU.
I. An automatic residential fire sprinkler system shall not be required for a JrADU if the existing primary dwelling unit does not contain such a system.
J. A primary dwelling unit with the appropriate meter size shall not be subject to new water and sewer connection fees for conversion of existing floor space to a JrADU.
K. There are no private, primary scenic view protections from a JrADU.
L. The owner of a JrADU is encouraged to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the JrADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.
M. If a proposed JrADU is subject to approval of an Administrative Coastal Development, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.X.
30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units 76 October 16, 2023 Item 06
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25 A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:
1. One ADU within the walls of the existing primary dwelling unit; or
2. One ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level at a maximum height not to exceed 16 feet above grade; or
3. One detached ADU per primary dwelling unit at a maximum height not to exceed 16 feet above grade.
4. The two ADUs shall not be attached to each other.
B. On a lot where multiple dwelling units are located within an existing structure that contains three or more dwelling units or within multiple structures that contain three or more dwelling units, the property owner shall be permitted to convert existing spaces within each multiple dwelling unit structure to ADUs as follows:
1. The maximum number of ADUs permitted in accordance with Section 30.91.060(B) shall not exceed 25 percent of the total number of existing dwelling units on the lot.
2. The existing space to be converted to an ADU shall not be located within, or solely owned or controlled by, an individual dwelling unit on the multiple dwelling unit lot.
3. Conversion of the space shall comply with the California Building Code Standards for a dwelling unit; unless inconsistent with State law.
4. Conversion of the space would not be in conflict with the existing permits applicable to the property by removing required access, open space, or recreation amenities.
C. Up to two detached ADUs are permitted on a lot with existing multiple dwelling units in addition to the ADUs allowed within the existing multiple dwelling unit structure per Section 30.91.060(B) subject to the following:
1. The City shall accommodate proposed ADUs meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the 77 October 16, 2023 Item 06
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26 coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate ADUs at least 150 square feet in size that meet the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).
2. The maximum height of a detached ADU shall be 16 feet above grade.
3. A detached ADU shall comply with the required street fronting setbacks of the applicable zone, but otherwise may be located within 4 feet of the side or rear property lines, except that in all cases, including conversion of nonhabitable, legal, non-conforming structures noted in Section
30.91.040(M)(1), the ADU shall comply with the following additional setback requirements.
a. The required coastal bluff setback in the Coastal Bluff Overlay Zone.
b. The required Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required setback in the Bluff, Slope, and Canyon Overlay Zone.
d. Any setbacks required to protect wetlands, wetland habitat, coastal access, and environmentally sensitive habitat area buffers.
e. Per the City’s LCP, the interior side and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views to the ocean.
D. All ADUs developed in accordance with Section 30.91.060 shall also comply with the standards in Section 30.91.040, unless explicitly stated otherwise. Where designed accordingly, proposed ADUs on lots with multiple dwelling units shall be issued a permit in accordance with Section 30.91.030.
30.91.070 Incentive Program
A. In order to encourage the use of ADUs to provide housing for lower income households, as defined by the California Department of Housing and Community Development, the City has an incentive program available. Incentives shall be granted to property owners who commit to record a deed restriction, covenant, and/or similar instrument that limits the use and occupancy of the ADU based on 78 October 16, 2023 Item 06
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27 restricted income limits and applicable rental rates for a low-income household as established annually by the State of California.
B. The incentives may include fee waivers or refunds and other incentives adopted by Ordinance in addition to the following planning and zoning incentives:
1. On lots with single dwelling unit or duplex development (attached or unattached), one bonus unit of a maximum 500 square feet in size JrADU shall be awarded as a means to help the property owner offset the investment needed to create the rent restricted ADU. The bonus unit must comply with the provisions set forth in Section 30.91.050. Notwithstanding Section 30.91.050(A), a bonus unit may be developed as a JrADU in multiple dwelling unit zones for the purposes of the Incentive Program. In addition, a 500 square foot FAR bonus shall be awarded.
2. On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, shall be awarded bonus units (ADUs and/or JrADUs) at a percentage that is proportional to help offset the cost associated with creation of rent restricted units.
a. Owners shall identify and designate by deed restriction, covenant, and/or similar instrument each new deed restricted low-income unit to be created on-site, which may include a combination of any existing dwelling units and/or any new units developed per the Incentive Program.
b. Development of the bonus units must comply with the objective standards in Sections 30.91.060 and 30.91.050 except as follows:
i. New bonus units shall be located either within the walls of existing structures on-site within converted or re-purposed space and/or consolidated and co-located within a maximum of one new structure developed in compliance with
protections of the certified LCP for public scenic views, environmentally sensitive habitat areas, and minimum
setbacks, maximum height, and parking standards of the
applicable base zone and overlay zones. Bonus unit
development shall be exempt from the Floor Area Ratio
(FAR) and lot coverage limits of the zone.
ii. Notwithstanding Section 30.91.050(A), bonus units may be developed as a JrADU in multi dwelling unit zones for the purposes of the Incentive Program.
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28 iii. Properties with existing non-conforming density shall be eligible for the Incentive Program if the property has an onsite property manager. iv. A maximum of 15 bonus units shall be awarded per project.
3. All applications for participation in the City’s Incentive Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.
30.91.080 Amnesty Program
To encourage owners with existing, unpermitted ADUs as of April 15, 2021, to obtain permits and formally legalize their units, the City has established a program whereby all applications for participation in the City’s ADU Amnesty Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.
30.91.090 Severability
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect. 80 October 16, 2023 Item 06
Summary of Changes to Draft ADU Regulations by Topic Area 1 Topic Area DMMC Code Section(s) Description of Changes Tiny Homes 30.04.190(D)
30.91.030(I)
Tiny homes are a smaller type of ADU (150 sf-400 sf), typically manufactured off-site, built on a permanent foundation, and hooked up to utilities. Zoning code and ADU regulations specify the definition, permit process, and standards. No changes since Planning Commission draft.
Base Zone
Clarifications
30.19.030 and .040
30.21.030 and .040
Clarifies the allowable uses and accessory uses in the RM-South and Residential Commercial (RC) Base Zones with minor corrections for compliance with State law. No changes since Planning Commission draft.
ADU Regulations
Purpose
30.91.010 Identifies the purpose statement for the ADU Regulations. Includes a provision that should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter. No changes since Planning Commission draft.
Zones Where ADUs
and JrADUs are
Allowed
30.91.020 Identifies the zones where ADUs and JrADUs are permitted. ADUs are permitted on any lot that is zoned to allow residential or mixed use development including the Carmel Valley Precise Plan and other Specific Plan zones. No changes since Planning Commission draft.
ADU and JrADU
Permit Process
30.91.030 Identifies the permit submittal and processing requirements for ADUs and JrADUs, which includes processing of an Administrative Coastal Development Permit and building permit. Permit review is inclusive of proposed demolition. No changes since Planning Commission draft.
ADU Regulations 30.91.040 Identifies the ADU Regulations and standard of review for ministerial permit processing, including all objective standards for Administrative Coastal Development Permit approval. The changes incorporated since the prior Planning Commission draft are identified under the specific topic areas and relevant code sections further described below.
Number of ADUs and
JrADUs Allowed per
Lot
30.91.040(B) Identifies the allowable number and configuration of ADUs and JrADUs that is permitted per lot with a single dwelling unit. This includes scenarios relating to detached ADUs and attached ADUs. No changes since Planning Commission draft. See Attachment D to this report for additional detail in the comparative analysis provided for Allowable ADUs and JrADUs by zone.
Historic Districts and
Historic Resources
30.91.040(C) Identifies ADUs shall comply with the Secretary of the Interior Standards for preservation of historic resources (i.e., development in historic districts or property listed in Register of Historic Resources). No changes since Planning Commission draft.
Deed-Restriction and
Use as a Dwelling Unit
30.91.030(I)
30.91.040(D) and (D)(5)
30.91.040(E)
Identifies that the owner shall record a deed restriction with the County Recorder that includes information regarding the sale, occupancy, and rental of the unit and acknowledges the applicable use limitations of the ADU or JrADU as applicable in accordance with State law. The ADU may be rented but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or a qualified non-profit corporation may sell a deed restricted ADU to an eligible low-income owner. At the request of the Planning Commission, Section 30.91.040(D) was modified to clarify that an ADU shall be designed and operated as a residential dwelling unit that is subordinate to the primary dwelling unit on the property and subject to a deed restriction per Section 30.91.030(I).
Attachment C
81 October 16, 2023 Item 06
Summary of Changes to Draft ADU Regulations by Topic Area 2 Solar Requirement 30.91.040(D)(2) An ADU in a new structure is subject to California Building Code/Title 24 requirements for solar installation. Solar may be installed on the ADU or primary unit. No change since Planning Commission.
Rental Term 30.91.040(F) Identifies that the rental term for an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code Section 65852.2(E)(4). No changes since Planning Commission draft.
Universal ADU Size
Provision/FAR and Lot
Coverage Applicability
30.91.040(G)
30.91.050(A)
30.91.050(C)(5)
identifies the State law “universal ADU” size provision requiring accommodation of an ADU size of 800 sf. Clarifies that the City’s FAR and lot coverage standards would not preclude an 800 sf ADU. Clarifies that any ADU square footage above 800 sf (i.e., square footage up to 850 sf or 1000 sf) counts toward the maximum allowable FAR and lot coverage of the lot.
Any existing square footage converted to an ADU or JrADU is not entitled to FAR credit for relocation elsewhere on the property. State mandates apply only to accommodation of ADU. No changes since Planning Commission.
Building Restricted
Easement Locations
30.91.040(H) Clarifies that ADUs are not permitted to be developed in a building restricted easement location. No changes since Planning Commission draft.
Objective Design
Standards
30.91.040(I), (L), and (T) Clarifies objective design standards (no changes since Planning Commission) Varied wall/roof planes with at least one offset, projection, or recess (at least 1 foot depth) for each 20 feet on each elevation
Walls and windows must be sited and placed to maximize privacy and avoid direct views into neighboring homes
Windows must be staggered in relation to neighbors windows Must use obscured or opaque window glass, clerestory, or higher sills Glass walls prohibited if more than 75% opaque and visible from adjacent neighbor
Skylights must be tinted to avoid interior light transmission Prohibits rooftop decks on ADUs
If ADU has fireplace/chimney, it must be attached and height per CBC minimum
Roof eaves cannot encroach into 4-foot side or rear setbacks Architectural style of ADU must match existing residence Prohibits outdoor speakers, televisions, and permanent electronics that generate noise
If ADU has AC unit, it must comply with all required setbacks Exterior lights must be downward directed, bulb shielded, 2700 Kelvin color temperature
All other design features not required by the CBC for a dwelling unit (i.e., accessory mechanical equipment and building design features) are not covered by the ADU permit and require separate design review approval Separate Exterior
Entry Required
30.91.040(J) Identifies ADUs shall have a separate exterior entry from the primary dwelling unit. An attached ADU is permitted to have interior access to the primary dwelling in addition to the required exterior ADU entrance. No changes since Planning Commission draft.
Height 30.91.040(K)
30.91.060(A) and (C)
Clarifies the height requirements for ADUs as harmonized with the Coastal Act, which is generally 16 feet in height, except in the Bluff, Slope, and Canyon Overlay Zone. Clarifies that attached ADUs must share a common wall with the primary residence at the respective first story level or second 82 October 16, 2023 Item 06
Summary of Changes to Draft ADU Regulations by Topic Area 3 story level. Limits the height of attached ADUs on R2/RM duplex lots to the first story level only. State law provides for second story ADUs in R1 zones to be up to 25 feet or the height of the base zone, whichever is lower. At the recommendation of the Planning Commission, a provision was added to require that ADUs in R1 zones be sited at the first story level, if buildable area is available on the first story level of the lot.
Setbacks and Sensitive
Resource Protection
30.91.040(M) and (U)
30.91.060(C)(3)
Clarifies the universal ADU size provision of 800 sf whereby the setback standards would not preclude an 800 sf ADU. Clarifies the setback requirements for ADUs as harmonized with the Coastal Act, including a new street fronting setback concept for implementation of LCP regulatory controls applicable to street fronting property lines. All existing overlay zone setbacks are applicable per Section 30.91.040(M)(5). This includes the coastal bluff setback per the Coastal Bluff Overlay Zone, the Beach Preservation Initiative Setback per the Beach Overlay Zone, the steep slope setbacks per the Bluff, Slope, and Canyon Overlay Zone, setbacks required to protect wetlands, wetland habitat, environmentally sensitive habitat areas, and setbacks to protect public scenic views, which are all existing provisions included in the City’s certified LCP. Section (U) further clarifies that ADUs shall not be located or approved where located on a beach, wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area buffer, in a designated highly scenic area in the City’s certified LCP. The ADU shall not create significant alterations to landforms per the Coastal Act and the City’s existing certified LCP. No changes since Planning Commission draft.
Parking 30.91.040(N) and (O)
30.91.050(G)
Clarifies the parking requirements for ADUs as harmonized with the Coastal Act. This includes implementation of existing parking requirements in the certified LCP to preserve public access to coastal resources. If the existing required parking for the primary residence (garage, carport, etc.) is converted to an ADU or JrADU, that existing parking must be replaced onsite. This requirement applies citywide because the entire City is in the coastal zone and in proximity to the shoreline and coastal resources. For new construction ADUs in the CCC Appeals Jurisdiction, one parking space is required for the ADU. This is consistent with CCC approved LCP implementation plans in Santa Cruz County and other jurisdictions. Section
30.91.040(O)(4) includes a minor correction to align with State law terminology by replacing “bus route” with “bus stop” in the context of State law exemptions applicable to ADUs within one-half mile walking distance of public transit, including a bus stop, train station, or paratransit service.
Building and Fire
Codes and Public
Safety
30.91.040(P) and (Q) Identifies that ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. An automatic residential fire sprinkler system shall not be required for an ADU if the existing primary dwelling unit does not contain such a system. Since the Planning Commission hearing, a Coastal Act provision relating to expansion of utility improvements was relocated from Section 30.91.040(U) to (P). The Ordinance clarifies that pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed 83 October 16, 2023 Item 06
Summary of Changes to Draft ADU Regulations by Topic Area 4 ADU or JrADU development shall not include improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems because those types of improvements involve risk of adverse environmental effects and are a class of development that requires a discretionary Coastal Development Permit per the Coastal Act.
Utility Connection
Fees
30.91.040(R) Identifies that ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees or impact fees. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained in an existing primary dwelling unit or existing accessory building. No changes since Planning Commission draft.
Public Scenic Views 30.91.040(S) and (G)(7),
(H)
30.91.050(K)
Includes provisions to protect public scenic views consistent with the Coastal Act and certified LCP. Precludes ADUs in building-restricted easements. Requires public scenic view protection including “appropriate setback(s) that protects public scenic views to the ocean”; no obstruction of views from public streets, roads, or pedestrian trails with limited exceptions that apply (i.e., must minimize to extent feasible and have no feasible alternative); and must comply with certified LCP policies including:
Policy IV-24 – Preserve views of Pacific Ocean from Camino del Mar (CDM) through scenic view easements and related view preservation restrictions for development proposed along west side of CDM Policy IV-25 – Preserve views of Los Penasquitos Lagoon and Pacific Ocean from Carmel Valley Road through scenic view easements and related view preservation restrictions along south side of Carmel Valley Road Policy IV-26 – Retain and enhance views of San Dieguito Lagoon along Jimmy Durante Blvd and San Dieguito Drive through scenic view easements and related view preservation restrictions for development along sides of Jimmy Durante Blvd and San Dieguito Drive Clarifies that private scenic views (protected by the Design Review Ordinance only for primary dwelling units) are not protected by the Coastal Act or certified LCP for ADUs. No changes since Planning Commission draft.
Reporting
Requirements
30.91.040(V)
30.91.050(L)
Encourages the owner of an ADU or JrADU to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the ADU or JrADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied. HCD confirmed that the City is not able to require owners to provide this type of information, unless the unit is rentrestricted and required to be occupied by tenants with qualifying restricted income levels. No changes since Planning Commission draft.
Landform Alteration 30.91.040(W)
30.91.030(D)(2)
ADU development shall not create significant alterations to landforms.
Requirements for excavation and grading permits apply. A citation of the Coastal Act was moved from Section 30.91.040(U) to (W) to clarify the scope of landform alteration that is eligible for ministerial processing versus discretionary. Applies Coastal Act standard requiring a discretionary permit for significant land form alteration (i.e., development pad on greater than 4:1 slope) where there is risk of adverse environmental effects. 84 October 16, 2023 Item 06
Summary of Changes to Draft ADU Regulations by Topic Area 5 Coastal Bluffs 30.91.030(A)(1)(a)(iv)
30.91.040(M) and (U)
30.91.060(C)
Clarifies ADUs cannot be located in a Coastal Bluff setback. Requires submittal of geotechnical report with ADU application in Coastal Bluff Overlay Zone per CCC expectation. No changes since Planning Commission.
Flood Hazard Areas 30.91.040(J), (K), and (X)
30.91.050(M)
Clarifies the standards for development on lots in Special Flood Hazard areas per the FEMA Flood Insurance Rate Map (FIRM). The ADU requirements are consistent with existing citywide requirements in the certified LCP (i.e., siting, base flood elevation, flood proofing, methodology for calculation of height) to minimize flood damage and avoid flood hazards, including those from projected sea level rise and flooding over the anticipated lifetime of the structure using best available science. Includes existing provision confirming the City Building Official’s authority to determine if and when a development is unsafe for occupancy based on safety standards. No changes since Planning Commission draft.
Fire Hazard Areas 30.91.030(C)
30.91.040(Y)
Clarifies the requirements for ADUs developed on lots within the Very High Fire Hazard Severity Zone. Requires applicant to demonstrate the site has at least two emergency evacuation routes or provide evidence of equivalent safety measure. No changes since Planning Commission draft.
Protected Trees 30.91.030(A)(1)(a)(ii) Clarifies applications must provide a site plan identifying the location of all protected trees and associated tree protection zone for each tree to ensure protection during construction. No changes since Planning Commission.
JrADU Regulations 30.91.050 Identifies the JrADU regulations and objective standards that must be complied with for approval. No changes since Planning Commission draft.
Owner Occupancy 30.91.030(A)(1)(e)
30.91.050(E)
JrADU owners shall reside on the property in either the primary unit or in the JrADU. This owner occupancy requirement also applies to properties developed with an ADU and JrADU. Effective January 1, 2025, ADU owners shall be required to reside on the property in the primary unit or ADU. No changes since Planning Commission draft.
Regulations for Lots
with Multi-Unit
Development
30.91.060 Identifies the regulations for ADUs on lots with existing multi-unit development, including all objective standards that must be complied with for approval. No changes incorporated since Planning Commission.
ADU Incentive
Program to Create
Low Income Units
30.91.070 Incorporates confirmation of local authority into the LCP to allow the City to expand upon the mandated allowances for ADUs and JrADUs in specified circumstances through the ADU Incentive Program as necessary to incentivize owners to create low income units per the certified Housing Element. Requires owner commitment to record a deed restriction, covenant and/or similar instrument that limits the use and occupancy based on restricted income limits and applicable rates established by the State of California. No changes incorporated since Planning Commission.
ADU Amnesty
Program
30.91.080 Incorporates confirmation of local authority into the LCP to allow the City to implement an ADU Amnesty Program to incentivize owners to create moderate income and low income units per the certified Housing Element.
Requires owners to process Administrative Coastal Development Permits to legalize their units. No changes incorporated since Planning Commission.
Severability Provision 30.91.090 Clarifies if Ordinance is voided by a court, in part or in full, the applicable provisions shall become void and have no force and effect. 85 October 16, 2023 Item 06
Attachment D
ADU Types Permitted in Single Dwelling Unit (R1) Zones
Includes R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B, and Carmel Valley Precise Plan (CVPP) zones Prepared for October 2, 2023 City Council
Exhibit Page 1
Detached ADUs Attached ADUs JrADUs
Maximum of one ADU per lot that can be converted from space within an existing or proposed single dwelling unit or as a detached ADU that can be new construction or conversion of an existing accessory structure
Maximum Number
of ADUs and JrADUs
per Government
Code Mandate
A detached ADU is not
permitted if the primary
residence on the lot already has
an existing attached ADU
Attached ADU is not
permitted if there is an
existing detached ADU
and/or JrADU on the lot
Attached ADUs must share
common wall with the
primary residence
Maximum one JrADU per lot:
- JrADU is not permitted if
there is an attached ADU
Maximum Height 16 feet maximum above grade
(14 feet maximum in BSC overlay
zone)
16 feet maximum if attached
horizontally at first story
level; priority must be made
for first story level
attachment, if the lot has
available buildable area
25 feet maximum if attached
horizontally at second story
level, except must comply
with 22 ft maximum in R1-5
zone; attachment at second
story level only permitted if
there is not available
buildable area on the lot
JrADUs must be located
within the walls of the
primary residence or garage
attached to the primary
residence. No increase in
structure height is permitted
for a JrADU.
Maximum size is limited to:
- 850 sf maximum if up to 1
bedroom, or
- 1,000 sf maximum if 2 or
more bedrooms
Maximum size is limited to
whichever is lower:
- 50% of the size of the
existing primary dwelling, and
-850 sf maximum if up to 1
bedroom, or
-1,000 sf maximum if 2 or
more bedrooms
Size Parameters
No local code restrictions can be imposed that would prohibit construction of an 800 sf ADU (also known as universal ADU size provision)
State Coastal Act protections for public scenic views, public access, and coastal resources are applicable and may result in the need for reduction of the ADU size based on context of the lot
Minimum size is 150 sf efficiency unit
500 sf maximum
86 October 16, 2023 Item 06
Attachment D
ADU Types Permitted in Single Dwelling Unit (R1) Zones
Includes R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B, and Carmel Valley Precise Plan (CVPP) zones Prepared for October 2, 2023 City Council
Exhibit Page 2
Detached ADUs Attached ADUs JrADUs
New construction ADUs must comply with:
- Rear Yard setback ñ 4 feet
- Interior Side Yard setback ñ 4 feet
- Street fronting setbacks ñ per applicable zone, unless encroachment is needed to accommodate an 800 sf ADU
State Coastal Act protections for public scenic views, public access, and coastal resources are applicable and may result in the need for reduction of the ADU size/footprint based on the context of the lot or greater setback, identified below Must comply with required Overlay Zone setbacks to protect coastal resources:
- Coastal Bluff Overlay Zone
- Bluff Slope and Canyon Overlay Zone
- Beach Overlay Zone
- Floodplain Overlay Zone
Setbacks
Non-conforming structures
located within the setback may
be converted to ADU and
maintain the existing nonconforming setback in most
cases
Must comply with 4-foot
Rear Yard and Interior Side
Yard setbacks and the
Street fronting setbacks
per the applicable zone,
unless encroachment is
needed to accommodate
an 800 sf ADU
JrADUs must be located
within the walls of the
primary residence or garage
attached to the primary
residence; a proposed
structure containing a JrADU
must comply with the
setbacks required per the
applicable zone
Proposed Incentive in
Exchange for Owner
Commitment to One
Deed Restricted Low
Income ADU on Lot
(500 sf incentive +
bonus unit)
- - One bonus JrADU awarded:
- Bonus JrADU must be
located within the
walls of the primary
residence or a
detached structure
- Bonus JrADU is allowed
regardless of whether
there is attached ADU
87 October 16, 2023 Item 06
Attachment D
ADU Types Allowed on Lots in Multi-Unit (R2/RM) Residential Zones Includes RM-East, RM-West, RM-Central, RM-South, R2, and RC zones Prepared for October 2, 2023 City Council
Exhibit Page 3
Detached ADUs Attached ADUs JrADUs
Maximum of two ADUs total per multi-unit lot:
- No more than one ADU per primary unit on the lot
- ADUs are not permitted to be attached to each other
Maximum Number of ADUs
per Government Code
Mandate
- Government Code
provides for up to two
detached ADUs per lot
with multi-unit
development
- Local ordinance allows
attached ADU as
alternative to minimize
impacts
- ADUs can be located
within primary residence
or attached to the primary
residence
- If attached, must be
attached horizontally
sharing a common wall at
the first story level
Maximum Height 16 feet maximum above grade (14 feet maximum in BSC overlay zone)
Maximum size is limited to:
- 850 sf maximum if
up to 1 bedroom, or
- 1,000 sf maximum if
2 or more bedrooms
Maximum size is limited to
whichever is lower:
- 50% of the size of the
existing primary dwelling,
and
-850 sf maximum if up to 1
bedroom, or
-1,000 sf maximum if 2 or
more bedrooms
Size Parameters
No local code restrictions can be imposed that would
prohibit construction of an 800 sf ADU (also known as
universal ADU size provision)
State Coastal Act protections for public scenic views, public access, and coastal resources are applicable and may result in the need for reduction of the ADU size based on context of the lot
Minimum size is 150 sf efficiency unit
Not permitted.
However, proposed
ordinances in process would
allow JrADUs in these zones
as an incentive to create
deed restricted low-income
units, which is necessary to
implement the Cityís
Housing Element Program
2A (ADU Incentive Program)
and reach the identified
target of at least 15 low
income ADU units.
88 October 16, 2023 Item 06
Attachment D
ADU Types Allowed on Lots in Multi-Unit (R2/RM) Residential Zones Includes RM-East, RM-West, RM-Central, RM-South, R2, and RC zones Prepared for October 2, 2023 City Council
Exhibit Page 4
Detached ADUs Attached ADUs JrADUs
New construction ADUs must comply with:
- Rear Yard setback ñ 4 feet
- Interior Side Yard setback ñ 4 feet
- Street fronting setbacks ñ per applicable zone, unless encroachment is needed to accommodate an 800 sf ADU
State Coastal Act protections for public scenic views, public access, and coastal resources are applicable and may result in the need for reduction of the ADU size/footprint based on the context of the lot
Must comply with required overlay zone setbacks to protect coastal resources:
- Coastal Bluff Overlay Zone
- Bluff Slope and Canyon Overlay Zone
- Beach Overlay Zone
- Floodplain Overlay Zone
Setbacks
Non-conforming structures
located within the setback may
be converted to ADU and
maintain the existing nonconforming setback in most
cases
Must comply with 4-foot
Rear Yard and Interior Side
Yard setbacks and the
Street fronting setbacks
per the applicable zone,
unless encroachment is
needed to accommodate
an 800 sf ADU
Not permitted.
However, proposed
ordinances in process that
would allow JrADUs in these
zones as an incentive to
create deed restricted lowincome units, which is
necessary to implement the
Cityís Housing Element
Program 2A (ADU Incentive
Program) and reach the
identified target of at least
15 low income ADU units.
Proposed Incentive in
Exchange for Owner
Commitment to One
Deed Restricted Low
Income ADU on Lot
(500 sf incentive +
bonus unit)
- - One bonus JrADU awarded:
- Bonus JrADU must be
located within the
walls of a primary
residence or a
detached structure
- Bonus JrADU is allowed
regardless of whether
there is attached ADU
89 October 16, 2023 Item 06
Attachment D
ADU Types Permitted on Multi-Unit Lots with Three or More Existing Units (i.e., RM-South Zone) (see incentives below that could apply to multi-unit lots with non-conforming density in RM and R2 zones) Prepared for October 2, 2023 Planning Commission
Exhibit Page 5
Detached ADUs ADUs Created within
Converted Space in Existing
Multi-Unit Building
JrADUs
Maximum Number of ADUs Up to two detached ADUs if
existing multi-unit
development is in
compliance with zone
density
See incentive opportunities
below for lots with nonconforming density
Not permitted on lots
with non-conforming
density
Not permitted attached to
or within a primary unit
Only permitted through
conversion of existing
underutilized space within
a multi-unit building
May create up to 25% of
the total number of
existing dwelling units
within the respective
multi-unit building
Maximum Height 16 feet maximum (14
maximum in BSC overlay
zone)
No increase in structure
height is permitted
Size Parameters Maximum size is limited to
850 sf maximum if up to 1-
bedroom ADU, or 1,000 sf
maximum if 2 or more
bedrooms in the ADU
No local code restrictions
can be imposed that would
prohibit construction of an
800 sf ADU (also known as
universal ADU size
provision)
State Coastal Act
protections for public
scenic views, public access,
and coastal resources are
applicable and may result
in the need for reduction
of the ADU size based on
context of the lot
Minimum size is 150 sf
efficiency unit
No expansion of the existing
structure footprint is
permitted
Not permitted
However, proposed
ordinances in process would
allow JrADUs as an incentive
to create deed restricted
low-income units, which is
necessary to implement the
Cityís Housing Element
Program 2A (ADU Incentive
Program) and reach the
identified target of at least
15 low income ADU units.
90 October 16, 2023 Item 06
Attachment D
ADU Types Permitted on Multi-Unit Lots with Three or More Existing Units (i.e., RM-South Zone) (see incentives below that could apply to multi-unit lots with non-conforming density in RM and R2 zones) Prepared for October 2, 2023 Planning Commission
Exhibit Page 6
Detached ADUs Attached ADUs JrADUs
Setbacks Must comply with 4-foot
Rear Yard setback and
Interior Side Yard setbacks
and street fronting
setbacks per the zone,
unless encroachment is
needed to accommodate
800 sf ADU
Non-conforming structures
in the setback may be
converted and maintain
existing non-conforming
setback in most cases
Coastal Act protections for
public scenic views, public
access, and coastal
resources are applicable
and may result in the need
for reduction of the ADU
size/footprint based on the
context of the lot
Must comply with required
overlay zone setbacks to
protect coastal resources:
- Coastal Bluff Overlay
- Bluff Slope and Canyon
Overlay Zone
- Beach Overlay Zone
- Floodplain Overlay
No expansion of the existing
structure footprint is
permitted
Not permitted
However, there are two
proposed ordinances in
process that would allow
JrADUs in these zones as an
incentive to create deed
restricted low-income units,
which is necessary to
implement the Cityís
Housing Element Program
2A (ADU Incentive Program)
and reach the identified
target of at least 15 low
income ADU units.
Proposed Incentives in
Exchange for Owner
Commitment to Provide
Deed Restricted Low Income
Units on Lot
Bonus units (ADUs or JrADUs) awarded commensurate with total low-income units created:
- Award of 1 bonus unit for each 30-year deed restricted low-income unit created on the lot up to a maximum of 15 bonus units
- Award of 1.5 bonus units for each 55-year deed restricted low income unit created on the lot up to a maximum of 15 bonus units (e.g., one low income unit = one bonus unit, 2 low income = 3 bonus, 3 low income = 4 bonus, 4 low income = 6 bonus, 5 low income = 7 bonus, 6 low income = 9 bonus, 7 low income = 10 bonus, 8 low income = 12 bonus, 9 low income = 13 bonus, 10 low income = 15 bonus units )
- Maximum size of bonus units is 500 sf
- Bonus units can be located in an existing structure in converted or repurposed space, within a primary residence, within a detached structure, or in a new structure (maximum one new structure) developed in compliance with the LCP protections for public scenic 91 October 16, 2023 Item 06
Attachment D
ADU Types Permitted on Multi-Unit Lots with Three or More Existing Units (i.e., RM-South Zone) (see incentives below that could apply to multi-unit lots with non-conforming density in RM and R2 zones) Prepared for October 2, 2023 Planning Commission
Exhibit Page 7
views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of the applicable base zone and overlay zones 92 October 16, 2023 Item 06
From: Dolores Jamison <[email protected]>
Sent: Monday, October 2, 2023 12:05 PM
To: Planning Mail Box
Cc: Terry TG. Gaasterland; Tracy Martinez; Dwight Worden; David Druker; Dan Quirk
Subject: ADU Ordinance Feedback from 36 Del Mar Residents Attachments: Accessory Dwelling Unit Guide.pdf; del_mar fire zone.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
October 2, 2023
Planning Department Staff, City of Del Mar
Re: ADU Ordinance Recommendations
Dear Planning Staff and Councilmembers:
As residents who reside in the CalFire Very High Fire Hazard Severity Zone(VHFHSZ) in Del Mar, we have heightened concerns about the impact of ADU’s on the public safety of our neighborhoods.
While we have many concerns about the impact of ADU’s on our neighborhood, we feel strongly that the City must make the ordinance stricter in terms of fire safety requirements, especially in CalFire’s VHFHSZ. Peer cities such as Malibu and Santa Barbara restrict the square footage of ADU’s below the state mandated maximum in the VHFHSZ. Santa Barbara designates ADU’s located in the VHFHSZ as “Special ADU’s,” and limits them to 800 square feet (if detached) and a maximum height of 16 feet. The Santa Barbara ADU Guide has been attached below. We should consider that ADU size limits could be increased in the future and having a special designation on ADU’s in the VHFHSZ could provide a level of protection that standard ADU’s would not have. The City could also offer reduced hookup fees for ADU’s of less than 750 square feet, as an incentive to build smaller units in the VHFHSZ.
Attachment E
93 October 16, 2023 Item 06
We also would urge the City to increase building separation in the VHFHSZ to 10 feet from the 6 feet currently proposed. Peer cities such as Malibu, Laguna Beach, Rancho Palos Verdes and Santa Barbara all require building separation of at least 10 feet either citywide or in their VHFHSZ.
In addition, covered areas such as porches, decks, loggias and balconies attached to ADU’s should be limited to 20 percent of the square footage of the ADU, consistent with our Design
Guidelines. Laguna Beach has a similar policy for ADU’s. It would also be prudent for the City to review parking requirements for ADU’s in the VHFHSZ with the Fire Department to ensure that configurations such as tandem parking are safe, that our narrow, winding roads can accommodate new ADU’s on all streets, and also that adequate water pressure is available in the VHFHSZ to fight a major fire (assuming full buildout of ADU’s). The City should also mandate defensible space and low volatility landscaping requirements, as well as invasive plants prohibition for ADU’s in the VHFHSZ.
Lastly, but—in the long run— perhaps most importantly, given the proliferation of ADU’s in Del Mar along with the increasing wildfire threats posed by changes in both the climate and our natural environment, now is the time for the City of Del Mar to prepare a Community Wildfire Protection Plan (CWPP). The CWPP would provide a framework for mitigating wildland fire impacts throughout the City, and could help to ensure that homeowners insurance coverage is maintained by carriers. This project could be funded through the CAL FIRE Fire Prevention Grant Program, and would serve to update the City's Crest Canyon Fire Management Plan from 1998.
Thank you for considering these important issues.
Sincerely,
Richard & Dolores Jamison Roseanne Holliday
94 October 16, 2023 Item 06
Crest Rd. Crest Rd.
Marc & Judy Schuckit Rose Ann Sharp
Kalamath St. Crest Rd.
Joan & Craig Brown Sally & Ron Taylor
Crest Rd. Crest Rd.
Tom & Jackie Bruskotter Frank & Linda Chisari
Crest Rd. Crest Rd.
Jackie & Jeff Workman Anne & John Farrell
Via Alta St. Via Alta St.
Scott & Lisa Renner Beth Levine
Via Alta St. Crest Rd.
Gloria Sandvik & Harold Feder Jason Dempsey
Crest Rd. Crest Rd.
Sandy & Bram Dijkstra John & Gale Graybill
Umatilla St. 15th St.
Shirley King & Art Olson Wendy & John Ross
Primavera St. Klish Way
95 October 16, 2023 Item 06
Palmer & Susan Taylor Valerie Dufort & Sudeepto Roy
Via Alta St. Klish Way
cc: Del Mar City Council
Attachments
96 October 16, 2023 Item 06
Planning Handouts | Informational Packet Page 1 of 12
COMMUNITY DEVELOPMENT DEPARTMENT
630 GARDEN ST. SANTA BARBARA, CA 93101
(805) 564-5578 | SantaBarbaraCA.gov
ACCESSORY DWELLING
UNITS (ADU) GUIDE
INFORMATIONAL PACKET
QUESTIONS?
Additional information regarding the planning process can be obtained at the Planning Counter at 630 Garden Street or (805) 564-5578, [email protected]
WHAT IS AN ACCESSORY DWELLING UNIT?
An Accessory Dwelling Unit (ADU), also called a granny flat or in-law quarters, is an independent housing unit that may be added to residential properties. The ADU may be attached or detached from the primary residence or can be created by converting the existing floor area of a primary residence, or by converting a garage or other accessory building.
WHAT IS A JUNIOR ACCESSORY DWELLING UNIT?
A Junior Accessory Dwelling Unit (JADU) is a specific type of housing unit that is within an existing or proposed single-family dwelling, on a property that is owner-occupied. JADUs are limited to 500 square feet in size, require a separate exterior entry and efficiency kitchen, and may share a bathroom with the primary residence or include their own bathroom.
WHAT IS A STANDARD OR SPECIAL ADU?
Depending on the size, number of units, and configuration, an ADU must fall into one of two categories:
• Standard Accessory Dwelling Unit. These are typically larger ADUs with size, height, and setback standards described in the table on page 4. Standard accessory dwelling units do not allow for more than one ADU on a lot and are not allowed in Extreme Foothill/Foothill Fire Hazard Areas (Very High Fire Hazard Severity Zone).
• Special Accessory Dwelling Unit. These are specific types of smaller ADUs and JADUs with certain size, height, and setback standards described in the table on page 4. Special ADUs allow for more than one unit on a lot and are allowed in all Fire Hazard Areas. 97 October 16, 2023 Item 06
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CAN I BUILD AN ADU ON MY PROPERTY?
Most of the time, the answer is yes. An ADU is allowed on any legal lot that is developed with an existing or proposed primary residence, as long as the zoning district allows residential uses. This includes a mixed-use property (both residential and commercial uses on the same lot), and when the density is non-conforming (more residential units on the lot than are allowed by current zoning).
An ADU is not allowed on a property that is developed with only commercial or other nonresidential uses, or on a vacant lot without a primary residential unit. Zoning districts that do not allow residential uses are: Manufacturing Industrial Zone (M-I or M-1); Park and Recreation Zone (P-R); Harbor Commercial Zone (H-C), portions of Ocean-Oriented Commercial Zone (O-C), Hotel and Related Commerce Zone (HRC-1 and HRC-2), and Ocean-Oriented Light Manufacturing Zone (OM-1).
WHAT IS THE PROCESS TO PERMIT AN ADU?
According to State law, the City must provide an expedited approval process for ADUs that includes only ministerial review and shall not include any discretionary processes. This means that if you design your ADU to comply with all the zoning standards and architectural review criteria listed in the Zoning Ordinance, your project may be approved by the City without going through the discretionary design review process or other public hearings.
• Building Permit Applications. In most cases, ADUs will be permitted by submitting straight to the Building & Safety Division and going through building permit review. If all applicable codes and ordinances are met, the project will be approved.
• Optional Planning Applications. Property owners have the option to submit a planning application for variations of the architectural review criteria, or may request zoning exceptions and modifications, as applicable. As with all discretionary processes, planning review must be completed prior to submitting a building permit application for an ADU project. • Optional Pre-Applications. If you would like planning staff to review conceptual drawings for zoning compliance prior to submitting complete plans for a building permit, you may apply for an optional Preliminary Zoning Plan Check, see Pre-Application Review. • Coastal Zone Review. If a Coastal Development Permit is required, you must complete the planning approval process prior to submitting a building permit application for an ADU project.
An Exemption or Exclusion may be submitted concurrently with a building permit application.
More information on the coastal review process and application instructions is available on the Coastal Zone Review supplemental application.
WHAT TO SUBMIT
Once you are ready to submit an ADU application, complete the Accessory Dwelling Unit supplemental application along with a complete Building Permit (BLD) Application or Planning (PLN) Application, as applicable. All applications are accepted online. All forms must be completed, signed, and submitted as a PDF attachment to your electronic submittal. The application must be accompanied by all supporting materials (plan sets, photographs, soils reports, etc.), and all relevant supplemental applications, or it will be rejected.
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WHAT IS A STANDARD ADU
OR A SPECIAL ADU?
Standard ADU
! Only one ADU allowed per lot
! May be attached to, or located
within, the proposed or existing
primary unit, including attached
garages and storage areas, or a
detached accessory structure
! 850 to 1,200 sq. ft., if detached
! Maximum 50% of existing primary
unit floor area, if attached
! Height must match existing unit
height, up to 30-feet maximum
Special ADU
! One or more may be allowed per lot
! Must be a new detached unit or
conversion of existing floor area
! Maximum 800 sq. ft., if detached
! Maximum height is 16 feet
! On single-unit lots, one detached
new unit plus one JADU is allowed
! On multi-unit lots, may convert nonlivable areas up to 25% of existing units; or two detached ADUs
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WHAT ZONING RULES
APPLY TO AN ADU?
This table summarizes the zoning requirements for ADUs and JADUs found in SBMC §30.185.040 or Chapter 28.86. Numbers in parentheses like this: (1) refer to additional regulations in the Zoning Ordinance that may apply to ADUs and JADUs and are further described at the end of the table.
REQUIREMENTS STANDARD ADU SPECIAL ADU
ZONING DESIGNATION
ADU/JADU
Allowed in all zones that allow residential uses by right • ADU: Lot must be developed with one or more residential units • JADU: Lot must be developed with only one single-unit residence
VERY HIGH FIRE HAZARD
SEVERITY ZONE Not Allowed Allowed
MAXIMUM FLOOR AREA
ATTACHED ADU
• 50% of the existing livable floor
area of the primary unit
• See also (1) FAR, below
Additions to buildings
not allowed
MAXIMUM FLOOR AREA
DETACHED ADU
• Limited by Lot Size:
- Lots up to 14,999 sq. ft.
and developed with 1-BR or
studio units = 850 sq. ft.
- Lots up to 14,999 sq. ft.
and developed with 2+ BR
units = 1,000 sq. ft.
- Lots 15,000 sq. ft. or larger
= 1,200 sq. ft.
• See also (1) FAR, below
• See also (2) Accessory Bldgs.
800 sq. ft.
MAXIMUM FLOOR AREA
CONVERTED ADU
No maximum size if incorporated entirely within existing floor area
MAXIMUM FLOOR AREA
CONVERTED JADU 500 sq. ft.
MINIMUM FLOOR AREA
Newly created units must be at least:
• Efficiency Unit: 150 sq. ft. (See Health and Safety Code §17958.1) • Studio Unit: 220 sq. ft.
• All Other Units: 400 sq. ft.
BUILDING SEPARATION Minimum 5-feet N/A
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REQUIREMENTS STANDARD ADU SPECIAL ADU
MAXIMUM HEIGHT
ATTACHED ADU
Height per base zone
• See also (3) Design Review
• See also (4) Solar Access Ht.
Not Allowed
MAXIMUM HEIGHT
DETACHED ADU
30 feet and two stories
• See also (3) Design Review
• See also (4) Solar Access Ht.
16 feet
OPEN YARD
Required open yard for existing
single-units can be reduced:
• Lots less than 6,000 sq. ft.=
500 sq. ft.
• Lots 6,000 up to 7,999 sq. ft. =
800 sq. ft.
• Lots 8,000 sq. ft. up to 9,999
sq. ft. = 1,000 sq. ft.
Required open yard for any
existing residential units can be
reduced or eliminated to build a
Special ADU
SETBACKS
NEW CONSTRUCTION ADU
Setbacks per base zone, except:
• Interior setbacks may be reduced to 4-feet
• See also (3) Design Review
SETBACKS
ADU CONVERSIONS
• Existing nonconforming
buildings can be converted, and
additions are allowed; see also
(5) Nonconforming Bldgs.
• Existing nonconforming
buildings can be demolished
and rebuilt; 150-sq. ft. first floor
conforming addition allowed
• Existing garages can be
demolished and rebuilt; and
build a conforming ADU above
• Existing buildings can be
converted
• On single-unit lots, existing
nonconforming accessory
buildings can be converted,
plus one 150-sq. ft.
conforming first floor
addition is allowed, if the
expansion is limited to
accommodating
ingress/egress
PARKING
ADU/JADU
• No new parking is required for any JADU
• No new parking is required for an ADU, unless your project site is within the Coastal Zone or Very High Fire Hazard Severity Zone • Parking Exemptions: An ADU may be exempt from parking if it meets one of five parking exemptions (see page 10)
ADDITIONAL ZONING REGULATIONS
(1) FAR. ADUs may be limited by the Floor to Lot Area Ratio, see SBMC §30.20.030.A or §28.15.083 (2) Accessory Buildings. ADUs may be limited in size and location, see SBMC §30.140.020 or §28.87.160 (3) Design Review. Administrative design review criteria (page 6) may limit the height and location of the ADU (4) Solar Access Height. Building height may be further limited, see SBMC §30.140.170 or §28.11 (5) Nonconforming Buildings. Additions and other alterations are allowed see SBMC §30.165.050 or §28.87.030 101 October 16, 2023 Item 06
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WHAT ARE THE ADMINISTRATIVE
DESIGN REVIEW CRITERIA?
Check the boxes below to show that the ADU-JADU project complies with the required administrative design review criteria. If the project does not comply with the criteria, property owners have the option to submit an application to the applicable design review body for variations of these standards.
Architectural Review Criteria
If you check “YES” or “N/A” on all items, the project qualifies for staff approval. YES NO N/A
1. Shiny Roofing and Siding. There are no shiny, mirror-like, or of a glossy metallic finish roofing or siding materials proposed.
2. Roof Tile. If a clay tile roof is proposed, it is two-piece terra cotta (Mission “C-tile”); or S-tile is only proposed in order to match existing S-tile.
3. Skylights. There are no “bubble” or dome skylights proposed; skylights have either flat glass panels, or no skylights are proposed.
4. Glass Guardrails. There are no glass guardrails proposed; or glass guardrails are proposed in order to match existing glass guardrails.
5. Garage Conversion. The existing garage door opening is being replaced with siding, or residential windows and doors, to match the existing garage walls and detailing; or no garage conversion is proposed.
6. Grading. There is no more than 250 cubic yards of grading (cut or fill under the ADU building footprint and outside the main building footprint) proposed in either the Hillside Design District or on lots in other parts of the City with a slope of 15% or greater.
7. Height. At least one of the following applies (Standard ADUs only):
a. The proposed ADU does not exceed the height or the number of stories of the primary residential unit or 17 feet, whichever is greater; or b. The ADU is proposed to be constructed above a garage.
8. Landings, Decks, and Balconies. At least one of the following applies:
a. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft., that face or overlook the adjoining property, are not proposed; b. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft., that face or overlook the adjoining property, are located a minimum of 15-feet from all interior lot lines; or
c. Upper-story unenclosed landings, decks, or balconies greater than 20 sq. ft. are located less than 15-feet from the interior lot lines; however:
They do not face or overlook the adjoining property, and An architectural screening element with 5-foot minimum height is proposed. 102 October 16, 2023 Item 06
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Architectural Review Criteria
If you check “YES” or “N/A” on all items, the project qualifies for staff approval. YES NO N/A
9. Upper-Story Windows. At least one of the following must apply:
a. Upper-story windows that face or overlook the adjoining property are not proposed within 15 feet of the interior lot lines; or
b. Upper-story windows that face or overlook the adjoining property and are located within 15 feet of the interior lot lines, are installed a minimum of 42- inches above finish floor.
10. Front Yard Location. If a new detached ADU is located in the front yard, it must meet all of the following:
a. The ADU is a minimum of 20 feet back from a front lot line, or meets the minimum front setback for the zone, whichever is greater; b. The ADU is one-story and less than 17-feet in height; or is above a garage; c. The ADU is screened from the street by location, landscape, or topography in a manner designed to blend into the surrounding environment; or is above a garage; and
d. The ADU is compatible with the design of the primary residential unit.
11. Compatible Design Style. The exterior design is compatible with the design of the primary residential unit regarding style, fenestration (the arrangement of windows and doors on a building), materials, colors and details, if any of the following apply (check at least one):
a. A detached ADU is located within 20 feet of the primary residential unit; b. Additions to an existing structure are proposed;
c. Located in the Hillside Design District and 20%+ slope; d. New unit is two or more stories, or 17-feet or taller in height; e. Site contains a designated historic resource or is located in a designated historic district; or
f. None of the above; compatibility is not required.
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WHAT ARE MY OPTIONS
FOR SPECIAL ADUS?
WHY CHOOSE A SPECIAL ADU?
Special ADUs are allowed everywhere in the City and provide the opportunity for more than one ADU on a lot but are more limited in size and configuration choices. You might choose a Special ADU if your FAR or open space requirements prevent you from building a larger unit, or if your property is in the Extreme Foothill/Foothill Fire Hazard Areas (Very High Fire Hazard Severity Zone).
WHAT ARE MY OPTIONS FOR ONE SPECIAL ADU?
• Single-Unit Residential. Select one of the following choices:
- Convert a portion of the primary residence to a Special ADU or JADU; or - Convert a detached garage or other accessory building, plus one 150-square-foot addition (limited to accommodating ingress and egress) to a Special ADU; or - One new construction Special ADU, detached from any other main or accessory building. • Multi-Unit Residential. Select one of the following choices:
- Convert a portion of the existing enclosed floor area of a residential structure that is not used as livable space (storage rooms, boiler rooms, passageways, attics, basements, or attached garages) into one Special ADU; or
- One new construction Special ADU, detached from any other main or accessory building.
WHAT ARE MY OPTIONS FOR MULTIPLE UNITS?
• Single-Unit Residential
- Convert a portion of the primary residence to a JADU, plus one new construction Special ADU that is detached from any other main or accessory building. • Multi-Unit Residential. Select one of the following choices:
- Two new construction Special ADUs, detached from any main or accessory building; or - Convert up to 25 percent of the existing number of residential units on a lot, if contained entirely within portions of the existing enclosed floor area of a residential structure that is not used as livable space, (storage rooms, boiler rooms, passageways, attics, basements, or attached garages). Fractions are to be rounded down to the nearest whole number:
HOW TO CALCULATE MULTIPLE ADUs (25% of existing units)
• 1 to 7 existing units = 1 ADU
• 8 to 11 existing units = 2 ADUs
• 12 to 15 existing units = 3 ADUs
• 16 to 19 existing units = 4 ADUs
• 20 to 23 existing units = 5 ADUs
• 24 to 27 existing units = 6 ADUs
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IS THERE ANYTHING
ELSE I SHOULD KNOW?
IS AN ADU ALLOWED IN THE COASTAL ZONE?
Yes, ADUs and JADUs are allowed on lots located within the City’s Coastal Overlay Zone (S-D-3).
However, there are several key differences:
• Zoning Ordinance. ADU Ordinance amendments to Title 28 are not effective yet in the Coastal Zone until they are certified by the California Coastal Commission and accepted by the City.
This process is anticipated to be completed in 2021. In the meantime, all ADU-JADU projects in the Coastal Zone will continue to be processed using State law. • Coastal Policies. ADUs must comply with the policies of the Coastal Land Use Plan including protection of environmentally sensitive habitat area and development standards for coastal blufftops. Certain State ADU law standards may not apply if they are in conflict with coastal policies such as off-street parking on multi-unit lots, or in key public access areas. Staff will analyze your project for consistency with coastal policies when you submit your application.
WHEN IS A COASTAL DEVELOPMENT PERMIT REQUIRED?
All development in the Coastal Zone requires Planning Division review to determine the appropriate level of coastal review. A Coastal Development Permit is required for new detached ADUs on singlefamily lots, any ADU on multi-family lots, or for other types of ADUs that may impact coastal resources.
IS OWNER-OCCUPANCY REQUIRED?
New ADU Covenants. Owner-occupancy is not required on any new ADU applications for a period of 5 years (from January 2020 to January 2025). However, if you are proposing a JADU, the property owner must still reside in either the primary residential unit or the JADU.
Removal of ADU Covenants. If an ADU Covenant was recorded before January 1, 2020, the property owner may request the existing owner-occupancy provision to be removed. Due to limited staff resources, it could take several months to complete the process. To change your covenant:
1. Complete “ADU-JADU Covenant Request Form” in the Accessory Dwelling Units application.
2. Submit it as a PDF to a new pre-application (PRE) via our Accela Citizen Access Portal (ACA).
3. You will be contacted to pay the processing fee plus recording costs.
4. Execute the covenant with a notarized signature and return it to the City to record.
ARE ADUS ALLOWED IN FIRE HAZARD AREAS?
Yes, but only the smaller Special ADUs or JADUs are allowed in the Extreme Foothill/Foothill Fire Hazard Areas (Very High Fire Hazard Severity Zone). All new construction ADUs in any Fire Hazard Area are subject to safety standards that include meeting high-fire construction and defensible space regulations and certain parking restrictions.
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IS PARKING REQUIRED?
One uncovered space is required for ADUs located in the Very High Fire Hazard Severity Zone or in the Coastal Zone, however an ADU may still be exempt from parking under a few conditions. The project site must be outside “key public access” parking areas (West Beach, Lower State, and East Beach Component Areas), on a lot developed with one single-unit residence, and meet one of the following:
PARKING EXEMPTIONS
• A public transit stop is located within a walking
distance of one-half mile
• A “carshare vehicle” is located within a walking
distance of 500 feet
• The site is within a historic or landmark district
• The ADU is contained entirely within the permitted
floor area of an existing primary residential unit or
an existing accessory building
• On-street parking permits are required, but are not
offered, to the occupants of the ADU
CAN I REMOVE EXISTING PARKING?
Yes, if an existing garage or other covered parking structure is converted or demolished in order to construct a new ADU, those off-street parking spaces are not required to be replaced. This exception does not apply to the removal of existing uncovered parking spaces, or to ADUs in the Coastal Zone.
IS PARKING ALLOWED IN THE DRIVEWAY?
Yes, replacement parking spaces can be located in the existing driveway, in setbacks, and in a tandem configuration, as long as the configuration meets traffic and other safety standards. Tandem parking spaces are not permitted in any Fire Hazard Severity Zone. If a driveway is no longer necessary to serve an approved parking area, all paving must be removed, and the curb, gutter, and sidewalk must be replaced to meet City construction standard details.
CAN AN ADU BE IN THE FRONT YARD?
Yes, an ADU may be in the front yard (meaning the area between any street and the main residence) but new construction must be located a minimum of 20 feet back from all front lot lines, or meet the minimum front setback for the zone, whichever is greater. A new ADU in the front yard must either be one-story and less than 17 feet in height or constructed over a garage. It must also be screened from public view from the street. You may request discretionary design review to reduce or waive the height and screening limitations, if preferred. In the Coastal Zone, a new detached ADU will require a Zoning Modification in the front yard until the ADU Ordinance is certified by the California Coastal Commission.
IS OPEN YARD REQUIRED?
No additional open yard area is required for an ADU. The open yard for existing residential units may be reduced in order to allow the construction of an ADU. These reductions are intended to promote the development of an ADU and cannot be used to expand the existing residential units or other unrelated work. Open yard reductions for Standard ADUs are not allowed in the Coastal Zone until the ADU Ordinance is certified by the California Coastal Commission.
CAN A TINY HOME OR MANUFACTURED HOME BE AN ADU?
Yes, as long as the structure meets the architectural review criteria, building code requirements, and is fixed to an approved permanent foundation, an efficiency unit can be as small as 150 sq. ft. 106 October 16, 2023 Item 06
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WHAT IS THE MAXIMUM STANDARD ADU SIZE?
If you are proposing a detached Standard ADU outside the Coastal Zone, you can determine the maximum size of your ADU using the table below. First, look at your lot size to see the maximum ADU size allowed. Next, add up any other existing or proposed accessory buildings on site (garage, shed, or workshop) that must be included in the cumulative total maximum for all accessory buildings. Finally, determine if your lot is subject to the Floor Area Ratio, and if so, add up the total floor area for all existing and proposed buildings on site and use the FAR formula to determine the maximum floor area allowed. A Special ADU has different size limitations that may exceed these amounts.
Lot Size ADU Size1 Accessory Bldgs2 FAR – Max Floor Area on Site3 Less than 4,000 sq. ft. 850-1,000 sq. ft. 1,000 sq. ft. 2,200 sq. ft.
Less than 5,000 sq. ft. 850-1,000 sq. ft. 1,000 sq. ft. 1,200 sq. ft. + (.25 multiplied by lot area) 5,000-9,999 sq. ft. 850-1,000 sq. ft. 1,300 sq. ft. 1,200 sq. ft. + (.25 multiplied by lot area) 10,000-14,999 sq. ft. 850-1,000 sq. ft. 1,500 sq. ft. 2,500 sq. ft. + (.125 multiplied by lot area) 15,000-19,999 sq. ft. 1,200 sq. ft. 1,750 sq. ft. Not Applicable 20,000 sq. ft. or larger 1,200 sq. ft. 1,950 sq. ft. Not Applicable 1 Maximum ADU size is 850 sq. ft. for one-bedroom and studio units; and 1,000 sq. ft. for 2+bedroom units 2 This is a cumulative total of covered parking (garages & carports) and all other detached accessory buildings on a lot 3 FAR only applies if the lot is (1) located in the RS Zones and (2) on lots with two or more stories or over 17 feet in height WHEN IS A BUILDING CONSIDERED “DEMOLISHED”?
A “substantial redevelopment” occurs when a structure is either completely demolished or at least two of the following three conditions are completed within any five-year period: (1) More than 50% of the roof framing is removed; (2) More than 50% of the structural exterior walls are removed; or (3) More than 50% of the foundation system is removed. See SBMC Section 30.140.200.
DO I HAVE TO UNDERGROUND UTILITIES?
The Municipal Code (SBMC 22.38) requires utility undergrounding when certain thresholds are met:
additions over 500 square feet and 50% of the existing floor area or when construction valuation of the ADU is more than 50% of the depreciated value of the existing residence. There is a process to apply for a waiver but, if the waiver is approved, there is an in-lieu fee of 5% of the total construction cost.
ARE FIRE SPRINKLERS REQUIRED?
ADUs may be exempt from providing fire sprinklers in some situations. Please read the recent California State Fire Marshall Bulletin and contact the City Fire Department for more information.
CAN I REMOVE TREES OR VEGETATION?
The Municipal Code Chapters 15.24, and 22.10 regulates the removal and degree of pruning allowed for certain types of trees and vegetation. If you are proposing to remove trees or vegetation and a Tree Removal Permit or Vegetation Removal Permit is required, submit a separate application through either the Parks and Recreation Department or the Community Development Department, as applicable, prior to submitting a building permit application for an ADU. 107 October 16, 2023 Item 06
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CODE TIPS FOR A SUCCESSFUL ADU APPLICATION
! Consider a JADU to reduce development costs. One-hour fire separation is not required. They may share central systems, contain a basic kitchen utilizing small plug-in appliances, and may share a bathroom with the primary residence. ! A garage conversion may be less expensive to build and will likely pay less in permit fees (ADU’s that are less than 750 sq. ft. will not trigger school fees). However, converted structures will need to comply with current building and energy codes. ! If a garage foundation is damaged or deteriorated, you may need to factor in demolition and replacement. The foundation needs to be level and upgraded to current residential code standards. Ceiling joists may need to be upgraded due to additional loading of new drywall.
! Existing garage door openings must be replaced to match the existing building. The ADU will also require an independent exterior residential entry. ! Exterior walls and windows may need to be modified to comply with fire separation rating and opening protection requirements. Interior common walls, floors, and ceilings between units must meet building code sound transmission ratings and fire separation requirements.
! Existing gas-powered furnaces or water heaters may need to be moved or enclosed. ! Existing utility services may not be of adequate size and could require upgrading gas or water lines, electric meter, or sewer lines.
! Contact the Assessor’s Office to determine if your property taxes may be impacted. ! Consider the added costs for the following requirements:
• Soils reports are required for new structures and additions over 500 sq. ft. • Flood areas require additional review and may trigger FEMA requirements • Installation of solar panels are required for new structures • A new electrical sub-panel is required
! Homeowners who created dwelling units without the required building permits may have the opportunity to bring their ADUs into compliance. Local building officials now have the option to inspect an ADU and apply the building standards that were in effect at the time the unit was constructed. See section 17958.12 of the California Health and Safety Code for more information. 108 October 16, 2023 Item 06
Del Mar
The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.
Obtain FRAP maps, data, metadata and publications on the Internet at http://frap.cdf.ca.gov For more information, contact CAL FIRE-FRAP, PO Box 944246, Sacramento, CA 94244-2460, (916) 327-3939.
Arnold Schwarzenegger, Governor,
State of California
Mike Chrisman, Secretary for Resources,
The Natural Resources Agency
Del Walters, Director,
Department of Forestry and Fire Protection
Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referred to as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50 year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modeling methodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm. Local Responsibility Area VHFHSZ maps were initially developed in the mid-1990s and are now being updated based on improved science, mapping techniques, and data.
In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7A requiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codes include provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high fire hazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also be used to identify property whose owners must comply with natural hazards disclosure requirements at time of property sale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates to the safety element of general plans.
This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendations for Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive local review process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continue as guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severity zones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.
There is no requirement for local government to report their final action to CAL FIRE when the recommended zones are adopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or Fire Protection District) to determine the status of the local fire hazard severity zone ordinance.
Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE Projection Albers, NAD 1983
Scale 1: 12,000
at 36" x 36"
June 11, 2009
0 ©
2 Miles
0 3
Kilometers
This map was developed using data products such as parcel and city boundaries provided by local government agencies. In certain cases, this includes copyrighted geographic information.
The maps are for display purposes only - questions and requests related to parcel or city boundary data should be directed to the appropriate local government entity.
DATA SOURCES
CAL FIRE Fire Hazard Severity Zones (FHSZL06_3)
MAP ID: FHSZL_c37_DelMar
Fire Hazard Severity Zones
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Local Responsibility Area State or Federal Responsibility Areas VHFHSZ
Non-VHFHSZ
VHFHSZ
Non-VHFHSZ
109 October 16, 2023 Item 06
1 Amanda Lee
From: Matt Bator
Sent: Monday, October 2, 2023 1:23 PM
To: Adriana Jaramishian; Amanda Lee
Cc: Jeannette Lizarraga
Subject: FW: Please require that ADUs are used for dwelling unit purposes and subject to deed restrictions
Correspondence for ADU CC report.
Matt Bator, AICP | Principal Planner - Current Planning City of Del Mar | Planning Department
1050 Camino del Mar
Del Mar, CA 92014
858.704-3643 | [email protected]
City Hall is open to the public for in-person public services including general walk-in services and payments Monday-Thursday, from 7:30 AM- 5:30 PM.
Planning and Building services at the City Hall public counter are available Monday and Wednesday between 1:00 PM to 5:30 PM.
All remote services will continue to be provided during regular City hours. Please check our City website at www.delmar.ca.us for more information.
From: Francis V. Chisari <[email protected]>
Sent: Saturday, September 30, 2023 7:30 PM
To: Planning Mail Box <[email protected]>
Cc: Linda Chisari <[email protected]>
Subject: Please require that ADUs are used for dwelling unit purposes and subject to deed restrictions
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mayor and Members of the Del Mar City Council,
We are strongly in favor of establishing a policy in Del Mar that requires all ADUs be used for dwelling unit purposes and subject to deed restrictions.
Increasing the number of affordable housing options for seniors and lower-income individuals and providing independent accommodations for extended family and/or caregivers on the same premises was clearly stated by the California Legislature when it passed Government Code section 65852.150 as “an essential component of California’s housing supply”.
With very few exceptions, that is not happening in Del Mar where the vast majority of ADUs are being used to increase personal living space for the primary owners or as lucrative short-term rentals, contrary to the intent of the Legislature.
Since ADUs will make Del Mar communities more crowded, less private, and a place where some of us will have to accept the loss of sunlight, sea breezes and ocean views in order for our City to comply with the intent of 110 October 16, 2023 Item 06
2 Government Code section 65852.150, then we believe the greater Del Mar community should benefit, not just the individual ADU owners.
We believe this can be achieved by requiring ADUs to be used, as stated by the Legislature, to provide affordable housing for modest-income folks like a local fireman, lifeguard, teacher, shopkeeper, student, caregiver, elderly relative, and so on.
We know adopting this restriction may be challenged by some who see ADUs as a ticket to more living space, inflated property value, bragging rights, etc, and there might be other, possibly legal, roadblocks that we aren’t aware of. But if we must live with a State-mandate that is challenging the character of our community, let’s make sure that we change it for the good of our community at large.
For these reasons, we encourage you to vote to require that ADUs must be used as affordable dwelling units for low- and moderate-income people, students, caregivers, elderly relatives, etc, and subject to deed restrictions. Del Mar can serve as a role model for the rest of the State if we have the vision, foresight and courage to do so.
Respectfully,
Linda and Frank Chisari
Crest Road
111 October 16, 2023 Item 06
1 Melinda Gould
From: Rick Kuhle <[email protected]>
Sent: Monday, September 25, 2023 1:39 PM
To: City Clerk Mail Box
Subject: ADUs and MANAGED RETREAT
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I believe this is being heard on the October 16 Council meeting. We spent many months and probably years discussing and agreeing to no managed retreat in any form. Now it seems to being slyly put back in hoping that the Council doesn't catch it as well as all the people of Del Mar who fought MANAGED RETREAT. Please vote no on this item Thank you for your consideration
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112 October 16, 2023 Item 06
From: Matt Bator
Sent: Thursday, October 5, 2023 2:58 PM
To: Adriana Jaramishian
Subject: FW: ADU proposals
From: Paul Steitz <[email protected]>
Sent: Thursday, October 5, 2023 12:21 PM
To: Planning Mail Box <[email protected]>
Subject: ADU proposals
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I am a Del Mar resident and homeowner and have a few thoughts I want to convey about the proposed changes to Del Mar's ADU regulations:
• I have read the state law and reviewed the legislative history of the act that encourages ADU's in California. I believe a deed restriction requirement, which is a serious impediment and applies prospectively to future owners through time, is the type of disincentive to building the State was trying to override. Del Mar seems to often be in trouble with the State on housing policy. Why court controversy? Why not harmonize Del Mar's regulations with clear State intent -- minimal hassles, no subjective review, fast process? As it stands, Del Mar is not an easy place to build an ADU. Why make it even harder?
• Deed restrictions are inflexible, hard to administer, and add complexity to any future house sale.
They represent a future and unknowable decrement to home equity value. Who wants that? Building an ADU is Del Mar is extremely expensive. The housing stock is old and needs updating.
• An analogy: We installed solar on our rooftop, despite it not being an especially economic decision. The Federal government gave my wife and I a large tax deduction as an incentive. The savings were material. We did not record a deed restriction that said all future owners must keep our solar panels. We would not have added solar if that was a requirement. A future owner may want to tear down the house and rebuild. Solar was something we wanted to do and was supported by meaningful government incentives
• This is a separate but related topic -- we would be inclined to rent an ADU to low income residents in exchange for a real incentive to us, not a long term penalty applied to future owners. We may do so without incentive on our own. This may not meet State requirements, but if the goal is additional low income housing, direct fiscal incentives will work better, I believe. This will sound of-the-wall, but we would sign a one or three year contract to rent an ADU to low income tenants in exchange for free access over that period to City-supplied parking near the Lifeguard Tower. We might do it for a cash incentive, or a rebate against our water bill or our property taxes (or CA income taxes). We do not want to be encumbered by deed 113 October 16, 2023 Item 06
restrictions and will not sign up to a perpetual requirement applied to the land, not the owners. I think this why there is so little uptake to low income ADU arrangements I appreciate the opportunity to comment on the proposal Paul Steitz
310-343-5487
[email protected]
405 8th Street
114 October 16, 2023 Item 06
From: Rose Ann Sharp <[email protected]>
Sent: Monday, October 2, 2023 2:14 PM
To: Dolores Davies Jamison
Cc: Planning Mail Box; Terry TG. Gaasterland; Tracy Martinez; Dwight Worden; David Druker; Dan Quirk
Subject: Re: ADU Ordinance Feedback from 36 Del Mar Residents Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
On Oct 2, 2023, at 12:04 PM, Dolores Jamison <[email protected]> wrote:
October 2, 2023
Planning Department Staff, City of Del Mar
Re: ADU Ordinance Recommendations
Dear Planning Staff and Councilmembers:
As residents who reside in the CalFire Very High Fire
Hazard Severity Zone(VHFHSZ) in Del Mar, we have
heightened concerns about the impact of ADU’s on the
public safety of our neighborhoods.
While we have many concerns about the impact of ADU’s
on our neighborhood, we feel strongly that the City must make the ordinance stricter in terms of fire safety
requirements, especially in CalFire’s VHFHSZ. Peer cities such as Malibu and Santa Barbara restrict the square
footage of ADU’s below the state mandated maximum in
the VHFHSZ. Santa Barbara designates ADU’s located in
115 October 16, 2023 Item 06
the VHFHSZ as “Special ADU’s,” and limits them to 800
square feet (if detached) and a maximum height of 16 feet.
The Santa Barbara ADU Guide has been attached
below. We should consider that ADU size limits could be increased in the future and having a special designation on ADU’s in the VHFHSZ could provide a level of protection that standard ADU’s would not have. The City could also offer reduced hookup fees for ADU’s of less than 750
square feet, as an incentive to build smaller units in the VHFHSZ.
We also would urge the City to increase building separation in the VHFHSZ to 10 feet from the 6 feet currently
proposed. Peer cities such as Malibu, Laguna Beach,
Rancho Palos Verdes and Santa Barbara all require
building separation of at least 10 feet either citywide or in their VHFHSZ.
In addition, covered areas such as porches, decks, loggias and balconies attached to ADU’s should be limited to 20 percent of the square footage of the ADU, consistent with our Design Guidelines. Laguna Beach has a similar policy for ADU’s. It would also be prudent for the City to review parking requirements for ADU’s in the VHFHSZ with the
Fire Department to ensure that configurations such as
tandem parking are safe, that our narrow, winding roads can accommodate new ADU’s on all streets, and also that adequate water pressure is available in the VHFHSZ to
fight a major fire (assuming full buildout of ADU’s). The City should also mandate defensible space and low volatility landscaping requirements, as well as invasive plants
prohibition for ADU’s in the VHFHSZ.
Lastly, but—in the long run— perhaps most importantly,
given the proliferation of ADU’s in Del Mar along with the increasing wildfire threats posed by changes in both the 116 October 16, 2023 Item 06
climate and our natural environment, now is the time for the City of Del Mar to prepare a Community Wildfire Protection Plan (CWPP). The CWPP would provide a framework for
mitigating wildland fire impacts throughout the City, and could help to ensure that homeowners insurance coverage is maintained by carriers. This project could be funded through the CAL FIRE Fire Prevention Grant Program, and would serve to update the City's Crest Canyon Fire
Management Plan from 1998.
Thank you for considering these important issues.
Sincerely,
Richard & Dolores Jamison Roseanne Holliday
Crest Rd. Crest Rd.
Marc & Judy Schuckit Rose Ann Sharp
Kalamath St. Crest Rd.
Joan & Craig Brown Sally & Ron Taylor
Crest Rd. Crest Rd.
Tom & Jackie Bruskotter Frank & Linda Chisari
Crest Rd. Crest Rd.
Jackie & Jeff Workman Anne & John Farrell
Via Alta St. Via Alta St.
117 October 16, 2023 Item 06
Scott & Lisa Renner Beth Levine
Via Alta St. Crest Rd.
Gloria Sandvik & Harold Feder Jason Dempsey
Crest Rd. Crest Rd.
Sandy & Bram Dijkstra John & Gale Graybill
Umatilla St. 15th St.
Shirley King & Art Olson Wendy & John Ross
Primavera St. Klish Way
Palmer & Susan Taylor Valerie Dufort & Sudeepto
Roy
Via Alta St. Klish Way
cc: Del Mar City Council
Attachments
<Accessory Dwelling Unit Guide.pdf>
118 October 16, 2023 Item 06
<del_mar fire zone.pdf>
Rose Ann Sharp
[email protected]
(858)794-0444
(239)777-9411 Cell/Text
119 October 16, 2023 Item 06
1 Melinda Gould
From: [email protected]
Sent: Thursday, October 05, 2023 4:56 PM
To: City Clerk Mail Box; [email protected]
Subject: 10/16 Red-Dot: ADU/LCP issue
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Honorable Mayor and Council Members,
My opinion is that the City Council should NOT adopt the proposed Dra Del Mar Municipal Code (DMCC) Language to Amend the Exisng ADU Regulaons. Not only is the City of Del Mar not required to amend the LCP to accommodate the ADU laws, but it should not do so.
Furthermore, the City should not inadvertently open the door to a version of managed retreat.
I strongly encourage you to RETAIN THE EXISTING PROTECTIVE LCP and NOT ADOPT the proposed Dra Del Mar Municipal Code (DMCC) Language to Amend the Exisng ADU Regulaons which is inappropriate and has been passed on to you by the Planning Commission (PC). In my opinion the proposed language is bad for Del Mar and goes against the loudly expressed wishes of the community on two fronts: (1) ADUs, and (2) Managed Retreat.
Respecully Submied,
Dave Sykes
[email protected]
122 15th Street #788
Del Mar CA 92014
619-987-9191
120 October 16, 2023 Item 06
1 Melinda Gould
From: Heather Lindsey <[email protected]>
Sent: Thursday, October 05, 2023 11:24 AM
To: City Clerk Mail Box
Subject: Red dot: 10//16 ADU Regulations
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council,
I request that you to retain the existing LCP and not adopt the proposed Draft Del Mar Municipal Code (DMCC) Language to Amend the Existing ADU Regulations The City is not required to amend the LCP to accommodate the ADU laws. Del Mar’s LCP is the road map for applying the provisions of the Coastal Act to Del Mar, the ADU laws do not supersede the LCP. The Government Code is clear the ADU laws do not supersede the Coastal Act and subsequently Del Mar’s LCP.
The City should not amend the LCP to accommodate the ADU laws as written. The City of Del Mar has an existing, certified LCP that is consistent with requirements. The benefits of an updated LCP do not outweigh the costs of what the City risks in doing so. Why would the City accept changes and cede authority. The City already has a certified LCP; Del Mar’s amending its LCP increases the opportunity for others to meddle in local policy and correspondingly decrease local control.
The language, as it stands now has a version of managed retreat in it. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all current flood safety requirements applicable at the time of approval, the development may, in the future, be required to be removed or relocated in accordance with the certified LCP, or by updates to FEMA mapping modeling, if the Building Official determines the development becomes unsafe for occupancy due to flood hazard conditions. The city has already gone through a long and grueling process to achieve consensus on the topic of managed retreat. Not long ago the City had an unnecessary LCP Amendment before the California Coastal Commission (CCC) and you the Council voted to withdraw it.
It is unclear whether the City did not understand the impact of the language they are asking Council to accept or whether they weighed the risk in the language to be minimal and chose to ignore the clear wishes of its constituents, but this they city cannot adopt the proposed DMCC language.
121 October 16, 2023 Item 06
2 Thank you for considering my thoughts.
Respectfully, Heather Lindsey
Del Mar Resident
122 October 16, 2023 Item 06
1 Melinda Gould
From: [email protected]
Sent: Thursday, October 05, 2023 11:30 AM
To: City Clerk Mail Box
Subject: October 16 Red Dot: LCP and ADUs
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
My opinion is that the City Council should not adopt the proposed Draft Del Mar Municipal Code (DMCC) Language to Amend the Existing ADU Regulations. Not only is the City of Del Mar not required to amend the LCP to accommodate the ADU laws, but it should not do so.
The City of Del Mar has an existing, certified LCP that is consistent with requirements. The benefits of an updated LCP do not outweigh the costs of what the City risks in doing so, specifically as it opens the door to a version of managed retreat. The Government Code is clear the ADU laws do not supersede the Coastal Act and subsequently Del Mar’s LCP.
Sincerely,
Lucille Lindsey
123 October 16, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Implement Housing Element Program 2A (Incentives to Create Low Income Units) and Program 5A (Preservation of Existing Multi-Unit Housing)
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council introduce an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit Incentive Program to implement the certified Housing Element to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City.
BACKGROUND:
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) are generally smaller dwelling units that provide for independent living as an accessory use on the same site as a larger primary dwelling unit or multi-unit development (i.e., duplexes, apartments, or condominiums) subject to the regulations set forth in California Government Code Sections 65852.2 and 65852.22. A separate Ordinance/Local Coastal Program (LCP) Amendment is simultaneously in process to establish updated local ADU and JrADU regulations in the Del Mar Municipal Code (Chapter 30.91) and LCP. The ADU Regulations Ordinance/LCPA includes provisions to confirm the City’s authority to award incentives per the ADU Incentive Program consistent with State law.
The City has an existing ADU Incentive Program (adopted by the City Council May 2018 with extensions thereto adopted by the City Council June 2020 and May 2022) that was initially established as a pilot program. The existing program grants one 500 square foot floor area ratio (FAR) bonus in exchange for a property owner commitment to deedrestrict one affordable unit for rent to a low-income household for 30 years. The City has created only one low-income unit over a five-year period in reliance upon the existing ADU Incentive Program, which will expire on May 16, 2024, unless extended. 1 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023