Del Mar City Council
December 4, 2023

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, steep slopes, 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. The parking requirements for ADUs are provided in Section 30.91.040(N) and (O). 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, steep slope and 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. The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:

1. 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 51 December 4, 2023 Item 08
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provide one off-street parking space (covered or uncovered), except as follows:

1.a. 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.b. The ADU would be located within the existing primary dwelling unit.

3.c. The ADU would be located within an existing accessory building on the property.

4.d. 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.e. 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.f. The ADU would be located on a property within one block of a designated car share parking location.

2. To ensure public safety and emergency access, proposed ADUs located on a site with access from a street with an improved street width 20 feet or less shall provide one off-street parking space for the ADU. The offstreet parking space may be located within a driveway or yard setback in a location with an improved parking surface (i.e., paving, hardscape, decomposed granite, etc.) or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Off-street parking shall not be located within a steep slope, wetland, geological setback, or other environmentally sensitive habitat area.

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 52 December 4, 2023 Item 08
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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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U. ADUs shall not be located or approved where the ADU or JrADU is located on: A 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 requested 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. The following objective standards apply to proposed ADU development for protection of the public health and safety through the regulation of excavation and grading and protection of steep slopes and coastal resources consistent with the certified Local Coastal Program:

1. 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.

2. Proposed ADU development shall not encroach within a “substantially steep slope” which is defined as a slope with a slope gradient of 25% or greater and an elevation differential of at least 20 feet between the top and bottom of the slope area.

3. Proposed ADU and development shall be located at least 20 feet from the top edge of a substantially steep slope and at least 10 feet from the bottom of a substantially steep slope. The ADU development shall not be permitted to overhang the steep slope or the required steep slope setback.

4. Proposed grading and excavation shall be minimized to the greatest extent feasible and limited to the area required for the ADU. Proposed grading shall be limited to a quantity of 200 cubic yards of cut and fill quantities combined. Any grading outside of the ADU structure footprint shall be subject to the requirements and procedures identified in Chapter 23.33 (Land Conservation Permit).

5. The design and placement of the ADU shall preserve the natural topography and physical characteristics of the site. To protect coastal resources and reduce wildfire impacts consistent with requirements for 54 December 4, 2023 Item 08
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other residential development, ADU development shall not be located at the crest, ridgeline, or top of a hill. ADUs shall not project above the peak of the ridgeline.

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 including the system of shoreline protection in the Beach Overlay Zone per the Beach Preservation Initiative.

2. Proposed development shall comply with the certified Local Coastal Program.

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 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 55 December 4, 2023 Item 08
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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.

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. 56 December 4, 2023 Item 08
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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 requested 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 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 57 December 4, 2023 Item 08
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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 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).
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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, steep slopes, 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 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:
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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, steep slopes, 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.
(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. 60 December 4, 2023 Item 08
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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 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 61 December 4, 2023 Item 08
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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 December 4, 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.

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.
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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 18th day of December 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
63 December 4, 2023 Item 08
Ordinance No. XXXX

APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
64 December 4, 2023 Item 08
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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 incorporated in response to City Council direction on October 16, 2023.

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.

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

Attachment B
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2 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
The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling 66 December 4, 2023 Item 08
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3 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
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 67 December 4, 2023 Item 08
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4 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 canopy dripline 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
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5 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 newly created ADUs. Effective January 1, 2025, the
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6 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.
c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed 70 December 4, 2023 Item 08
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7 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 23.08) 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 71 December 4, 2023 Item 08
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8 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 harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:
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9 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. 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.

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. Consistent with the public participation provisions found in the California Coastal Act and the City’s certified LCP, a Notice of Application informing the public of the filing of an application for an Administrative Coastal Development
Permit for an ADU shall be posted at the project site on a notice card provided by staff of the City of Del Mar
Department of Planning and Community Development.

The notice of application shall advise interested persons that plans are available for public review at Del Mar City Hall. The notice, however, will stipulate that the application is required to be administratively approved by the
Department of Planning and Community Development and
that no public hearings will be permitted.
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10 b. 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.
c. 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.
d. 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.
e. 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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11 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 residential 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 building 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 as an ADU 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 75 December 4, 2023 Item 08
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12 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. 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.
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13 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.

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. All new residential development must provide adequate access for emergency response equipment and personnel to ensure public safety for its residents. For Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six 77 December 4, 2023 Item 08
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14 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.

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.
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15 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.

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 79 December 4, 2023 Item 08
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16 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.; When staggering or offset of the window cannot be achieved, or the project 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, including those accessed from a second story ADU, 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 and shall not project into any required yard setback area.

5. The ADU, including roof eaves, cantilevered portions or overhangs shall not encroach into the required four (4) foot side or rear setbacks.

6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, paint colors and finishes as the primary unit, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings, if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.

7. The foundation and underside of new detached or attached ADUs shall be fully screened with compatible materials and colors as the primary unit.

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

9. An exterior wall heater heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU and shall if it maintains all required minimum setbacks applicable to the ADU. Consistent with other residential development in the City, the HVAC shall be fully screened from the public right-of-way and adjacent properties and compliant with the Chapter 9.20 Noise Regulations.

10. Consistent with screening requirements for other residential development:
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17 a. Roof penetrations such as stacks, vents, and other roofmounted equipment shall be located away from view from the public right-of-way. All flashing, sheet metal, vents and pipe stacks shall be painted to match the adjacent roof or wall material.
b. Equipment such as backflow preventers shall be screened from public view if located in a street yard setback.
c. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and shall be screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.
d. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from public view with walls and landscaping and secured with a lid if the top of the trash bin is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property.

11. Consistent with standards for other residential development, all fences and walls, including retaining walls, are subject to the following objective standards in compliance with Section 30.86.090. Fences and walls that are not part of the ADU structure or necessary to demonstrate compliance with the applicable ADU development standards require permit review and processing in accordance with applicable Municipal Code standards.
a. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.
b. The distance between two terraced retaining walls shall be, at a minimum, the average height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.
c. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.
d. Fences and walls shall follow the natural site topography. 81 December 4, 2023 Item 08
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18 e. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens.

The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.
f. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable. g. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible for the public rightof-way or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.

12. Consistent with hardscape and driveway requirements for other residential development:
a. Hardscape for access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width and shall not exceed a total maximum of 20 feet along all abutting street lines. The finished grade of a new driveway for the ADU shall not exceed 15 percent, unless designed with Portland Cement Concrete (PCC) surface that incorporates a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20 percent.
b. Line of sight visibility shall be retained for public safety in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles. c. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of an ADU less than 800 square feet.
d. Circular driveways are prohibited.
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19 13. In accordance with the certified Local Coastal Program, new construction shall retain native landscaping and vegetation where possible. The ADU shall not be located within the tree canopy dripline of an environmentally “Protected Tree” native to Del Mar (Monterey Cypress and Torrey Pine Species). If ADU development within the tree canopy dripline protection area for a Protected Tree is necessary to accommodate an 800 square foot ADU, the owner would be subject to compliance with applicable tree removal permit procedures, mitigation, and/or penalties as identified in the City’s Tree Ordinance in DMMC Chapter 23.50. All proposed landscaping for the ADU shall comply with DMMC Chapter 23.60 (Water Efficiency Landscape Ordinance) and any landscape plan requirements applicable to the lot at the time of application.

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.

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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20 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 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 Consistent with other residential development, 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 and shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark-Sky Association. 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. 84 December 4, 2023 Item 08
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21 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 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, steep slopes, 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.
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22 N. The parking requirements for ADUs are provided in Section 30.91.040(N) and (O). 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, steep slope and 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. The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:

1. 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 offstreet parking space (covered or uncovered), except as follows:
a. 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.
b. The ADU would be located within the existing primary dwelling unit.
c. The ADU would be located within an existing accessory building on the property.
d. 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.
e. 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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23 f. The ADU would be located on a property within one block of a designated car share parking location.

2. To ensure public safety and emergency access, proposed ADUs located on a site with access from a street with an improved street width 20 feet or less shall provide one off-street parking space for the ADU. The off-street parking space may be located within a driveway or yard setback in a location with an improved parking surface (i.e., paving, hardscape, decomposed granite, etc.) or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Off-street parking shall not be located within a steep slope, wetland, geological setback, or other environmentally sensitive habitat area.

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 87 December 4, 2023 Item 08
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24 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.

U. ADUs shall not be located or approved where the ADU or JrADU is located on: A 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 requested 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. The following objective standards apply to proposed ADU development for protection of the public health and safety through the regulation of excavation and grading and protection of steep slopes and coastal resources consistent with the certified Local Coastal Program:

1. 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.
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25 2. Proposed ADU development shall not encroach within a “substantially steep slope” which is defined as a slope with a slope gradient of 25% or greater and an elevation differential of at least 20 feet between the top and bottom of the slope area.

3. Proposed ADU and development shall be located at least 20 feet from the top edge of a substantially steep slope and at least 10 feet from the bottom of a substantially steep slope. The ADU development shall not be permitted to overhang the steep slope or the required steep slope setback.

4. Proposed grading and excavation shall be minimized to the greatest extent feasible and limited to the area required for the ADU. Proposed grading shall be limited to a quantity of 200 cubic yards of cut and fill quantities combined. Any grading outside of the ADU structure footprint shall be subject to the requirements and procedures identified in Chapter

23.33 (Land Conservation Permit).

5. The design and placement of the ADU shall preserve the natural topography and physical characteristics of the site. To protect coastal resources and reduce wildfire impacts consistent with requirements for other residential development, ADU development shall not be located at the crest, ridgeline, or top of a hill. ADUs shall not project above the peak of the ridgeline.

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 including the system of shoreline protection in the Beach Overlay Zone per the Beach Preservation Initiative.

2. Proposed development shall comply with the certified Local Coastal Program.

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:
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26 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 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).
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27 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.

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.
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28 K. There are no private, primary scenic view protections from a JrADU.

L. The owner of a JrADU is encouraged requested 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 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.
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29 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 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, steep slopes, and environmentally sensitive habitat area buffers.
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30 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 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:
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31 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, steep slopes, 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.
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. 95 December 4, 2023 Item 08
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(J)
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. Clarifies tiny homes will be processed as ADUs.

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 (Administrative Coastal Development Permit and building permit).

Permit review is inclusive of proposed demolition. Added Notice of Application requirement in addition to Notice of Approval in subsection (E).

Clarified Group R occupancy means residential in subsection (H).

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 the owner shall record a deed restriction with the County Recorder prior to building permit issuance with 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 Attachment C
96 December 4, 2023 Item 08
Summary of Changes to Draft ADU Regulations by Topic Area 2 primary dwelling unit on the property and subject to a deed restriction per Section 30.91.030(I).

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.

Separation Between
Buildings

30.91.030(D)(4) Requires minimum of 6 foot separation between buildings. Removed exception language related to 800 sf ADU per Council direction.

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) Added to objective design standards per Council direction:
• 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/visible from neighbor • Skylights must be tinted to avoid interior light transmission • Prohibits rooftop decks, including those accessed from second story ADUs • Fireplace/chimney must be attached, height per CBC, no encroachment • Roof eaves/overhangs cannot encroach into 4-foot side or rear setbacks • Architectural style of ADU must match existing residence • Roof, Foundation and equipment must be screened
• Prohibits outdoor speakers, televisions, electronics that generate noise • HVAC unit must comply with noise code, meet setbacks, and be screened • Trash storage and/or screening area requirements added • Fence/wall, hardscape/driveway, and landscape standards added • Exterior lights must be downward directed, bulb shielded, 2700 Kelvin color temperature. Added requirement for Dark Sky Seal of Approval. • 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. Removed allowance for attached ADU to have interior access to the primary dwelling in addition to the required exterior ADU entrance. 97 December 4, 2023 Item 08
Summary of Changes to Draft ADU Regulations by Topic Area 3 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 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.

Requires 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. Added “steep slope” reference to 30.91.040(M)(5)(d).

Parking 30.91.040(N) and (O)

30.91.050(G)
Clarifies the parking requirements for ADUs as harmonized with the Coastal Act 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 on-site. This requirement applies citywide because the entire City is in the coastal zone and in proximity to the shoreline and coastal resources. Section (O)(1) identifies that new construction ADUs in the CCC Appeals Jurisdiction require one parking space for the ADU. This is consistent with CCC approved LCP implementation plans in Santa Cruz County and other jurisdictions.

Section 30.91.040(O)(2) requires ADUs on lots with improved street width 20 feet or less to provide one off-street parking space for the ADU.

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 98 December 4, 2023 Item 08
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)
Requests the owner of an ADU or JrADU provide information to the City annually 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. The City is not able to require owners to provide this type of information, unless the unit is rent-restricted and required to be occupied by tenants with qualifying restricted income levels.

Landform Alteration 30.91.040(W)

30.91.030(D)(2)
ADU development shall preserve the natural topography and site characteristics and not create significant alterations to landforms.

Requirements for excavation and grading permits apply. Grading is limited to 200 cubic yards of cut and fill. Clarifies 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.
99 December 4, 2023 Item 08
Summary of Changes to Draft ADU Regulations by Topic Area 5 Coastal Bluffs and
Resource Protection

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. Added “steep slopes” reference in

30.91.040(M).

Flood Hazard Areas 30.91.040(J), (K), and (X)

30.91.050(M)
Clarifies 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 and in consideration of adaption measures including shoreline protection per the BPI and certified LCP.

Language matches what was read into the record on October 16, 2023.

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. Updated subsection (L) to match ADU subsection (V) per Council direction
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. Modified resource protection language to add “steep slopes” reference to match subsection 30.91.040(M).

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. 100 December 4, 2023 Item 08
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
101 December 4, 2023 Item 08
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
102 December 4, 2023 Item 08
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.
103 December 4, 2023 Item 08
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
104 December 4, 2023 Item 08
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.
105 December 4, 2023 Item 08
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 106 December 4, 2023 Item 08
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 107 December 4, 2023 Item 08
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A.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

B.

1. 2.

3. Chapter 30.91 - ACCESSORY DWELLING UNITS

30.91.010 - Purpose.

Accessory Dwelling Units (ADUs) provide independent living facilities that are separate from the primary dwelling unit on the property. Chapter 30.91 is intended to facilitate the development of ADUs and Junior Accessory Dwelling Units (JrADUs) in accordance with California Government Code Sections 65852.150, 65852.2, and 6.5852.22. ADUs and JrADUs are a valuable type of lower cost, long term rental housing stock that can help the City meet its goal to provide a greater range of housing options in residential zones.
(Ord. No. 932 , § 34, 10-2-2017)

30.91.020 - Zones Where Accessory Dwelling Units are Permitted.

An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Section 30.91.040, only on residential property that is developed with an existing single dwelling unit within one of the following zones:

Very Low Density Residential Zone (R1-40).

Modified Low Density Residential Zone (R1-14).

Low Density Residential Zone (R1-10).

Low Density-Beach Residential Zone (R1-10B).

Medium Density Single-Family Residential Zone (R1-5).

Medium Density Single-Family Residential Zone-Beach (R1-5B).

Medium Density Single-Mixed Residential-East (RM-East).

Medium Density Mixed Residential-West (RM-West).

Medium Density Mixed Residential-Central (RM-Central).

High Density Mixed Residential (R-2).

Residential-Commercial Zone (RC).

Carmel Valley Precise Plan Specific Plan (CVPP).

A Junior Accessory Dwelling Unit (JrADU) within the walls of an existing single dwelling unit, subject to the development regulations in Section 30.91.050, is permitted on property located within one of the following single dwelling unit zones:

Very Low Density Residential Zone (R1-40).

Modified Low Density Residential Zone (R1-14).

Low Density Residential Zone (R1-10).
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4. 5.

6. 7.

C.

A.

1. a.
b.
c.
d.
e.
f.

Low Density-Beach Residential Zone (R1-10B).

Medium Density Single-Family Residential Zone (R1-5).

Medium Density Single-Family Residential Zone-Beach (R1-5B).

Carmel Valley Precise Plan Specific Plan (CVPP).

Development of an ADU or JrADU pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located. (Ord. No. 932 , § 35, 10-2-2017)

30.91.030 - Process for Approval of an Accessory Dwelling Unit.

Within 120 days of submittal of a complete application for an Accessory Dwelling Unit Permit (ADU), administrative approval shall be granted by the Director of Planning and Community Development for an ADU Permit submitted in accordance with the procedure in Subsection A.1. or a Junior Accessory Dwelling Unit (JrADU) request submitted in accordance with Subsection A.2.

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 to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community Development Director:

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 the lot, structure (existing and proposed), and the percentage of lot coverage.

At least four elevations with proposed height fully dimensioned showing all facade openings and exterior finishes.

A floor plan containing an attest or proof of compliance with the floor area ratio requirement for the underlying zone.

Information regarding available water and sewer utility easements, services, and connections and whether the existing primary residence has an automatic residential sprinkler system.

Standard notes printed on the construction plans prior to building permit approval, including the following statement:

The ADU shall not be sold or otherwise conveyed separate from the primary dwelling unit. The property owner shall reside on the property in either the primary dwelling unit or in the ADU. If rented, the term for rental shall be 30 consecutive days or greater (except in the RC zone).
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g.
h.

2. a.
b.

B.

C.

D.

1. 2.
a.
b.
c.
d.

A certification of height, setback, and floor area compliance prior to framing inspection.

A construction-phase parking and equipment/materials storage plan Any additional information as necessary to demonstrate the proposed ADU is exempt from discretionary review (see Subsection D.).

JrADU Submittal Requirements. In addition to the general application and permit fee, the applicant for a JrADU shall submit the following to demonstrate compliance with Section

30.91.050 to the satisfaction of the Planning and Community Development Director:

A site plan with setbacks fully dimensioned for all existing structures on the project site to demonstrate the site is developed with a single dwelling unit and that there is no existing ADU on-site.

A floor plan to demonstrate compliance with Section 30.91.050 requirements for a bedroom, efficiency kitchen, separate exterior entry, interior connection to the primary dwelling unit, and the bathroom the JrADU will have access to.

Upon submittal of a permit application, the applicant and City shall post a courtesy notice of application at the project site and at City Hall for the public to view in accordance with the City's standard development procedure.

Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Chapter 23.04 (Building Construction General Provisions).

Notwithstanding the provisions of this Code, development of a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases. A request for an ADU designed in compliance with Section 30.91.040 shall be exempt from discretionary review as follows:

Exempt from a Design Review Permit (Chapter 23.28) in all zones including the Carmel Valley Precise Plan.

Exempt from a Land Conservation Permit (Chapter 23.33) where proposed grading complies with the following:

The proposed alteration of the existing grade elevation is 18 inches or less; The proposed alteration of the existing grade elevation is temporary and would be replaced with the ADU structure and the grade restored within 18 inches of the original grade elevation;
Any proposed excavation to fill less than 25 cubic yards; or Development of the ADU involves a maximum of 50 cubic yards of combined grading cut and/or fill and a maximum alteration of the existing or natural grade elevation of the property by no more than 36 inches, and no grading occurs during the time period 110 December 4, 2023 Item 08
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3. a.
b.
i.
ii.
iii.
iv.

4. a.
b.

5. a.
b.
i.
ii.

November 15 to March 31.

Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:

ADU will be located entirely within the walls of an existing structure; or ADU will be located in a structure that is designed as follows:

The lowest floor (including basement) will be elevated at or above the base flood elevation;
The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
Construction materials will be resistant to flood damage; and 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.

Exempt from a Conditional Use Permit (Chapter 30.74) where:

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 ten feet from the bottom of a steep slope per Section 30.52.070; or
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.

Coastal Development Permit Requirement (Chapter 30.75).

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.

The following are exempt from a Coastal Development Permit, except where a permit is otherwise required pursuant to Subsection D.5.c.:

The ADU will be contained entirely within or directly attached to an existing single dwelling unit.

Minor changes to an existing residential structure are proposed to construct an ADU consistent with Section 30.91.040 that will not involve the removal or replacement of major structural components (e.g. roofs, exterior walls, or foundations) and will have no potential to adversely impact coastal resources pursuant to the Chapter 3 policies of the Coastal Act.
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c.
i.
ii.
d.
i.
ii.
iii.
iv.

E.

F.

A.

B.

An administrative Coastal Development Permit in accordance with Subsection

30.75.080.E. shall be obtained for an ADU where:

A previously issued Coastal Development Permit requires a new Coastal Development Permit or an amendment be processed for any changes to the approved development or for future development or uses of the site as a condition of approval.

The ADU will be located between the first public road and the sea or within 300 feet of a beach or the mean high tide line and will increase the interior floor area by ten percent or more or increase the height by more than ten percent.

A Coastal Development Permit required by Subsection D.5.c. shall be processed in accordance with the following procedures:

In order to approve the ADU, the Planning 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.

Public notice shall be provided for Coastal Development Permit applications in accordance with Section 30.75.120.

Once a final decision of approval or denial is issued by the Planning Director, the notice of final action shall be provided within seven 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.

If the ADU qualifies as appealable development pursuant to Chapter 30.75, the Planning Director's decision to approve a Coastal Development Permit may be appealed to the Coastal Commission within ten calendar days in accordance with Section 30.75.110.

No Variances shall be granted for an ADU or a JrADU.

The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.
(Ord. No. 932 , § 36, 10-2-2017)

30.91.040 - Accessory Dwelling Unit Development Regulations.

An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in this Section shall be issued a permit in accordance with Section 30.91.030.

A maximum of one ADU is permitted per lot that is developed with an existing single dwelling unit in a zone identified in Section 30.91.020. An ADU shall not be permitted on a lot with a JrADU, duplex, three or more dwelling units, or non-residential development. 112 December 4, 2023 Item 08
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If the ADU would not be contained within an existing structure, the lot size shall meet the minimum lot size of the zone.

The ADU shall be designed and operated in compliance with the regulations of the zone as a residential use that is subordinate to the primary dwelling unit on the property.

The ADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit on the property, nor shall authorization be granted for a condominium conversion of an ADU.

The property owner shall reside on the property in either the primary dwelling unit or in the ADU.

If rented, the term for rental of an ADU shall be 30 consecutive days or greater; except that in the RC zone, an ADU may be rented without such a limit.

The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 550 square feet in size. For the purpose of this section, all interior floor space of the ADU shall count towards the maximum 550 square feet regardless of whether or not it meets the City's definition of gross floor area.

The applicant shall demonstrate that the area of interior floor space of the ADU (as calculated per Subsection H.) when combined with the gross floor area of the existing development does not exceed the maximum floor area ratio for the applicable zone. Any existing floor area that is repurposed for the ADU shall be counted only one time towards the total floor area.

The ADU shall be composed of the same or similar architectural style, details, colors, roof pitch, building materials, and exterior lighting as the primary single dwelling unit on the property.

The ADU shall have a separate exterior entry from the primary dwelling unit.

The ADU shall be limited to the first story or basement level unless the ADU would be located within an existing structure with existing access above the first story level.

The ADU entry shall not be required to have a pathway connection to the street.

The maximum building height of any new building construction or expansion of an existing structure for the ADU shall not exceed 14 feet.

All outdoor lighting of an ADU shall be shielded and directed downward and away from neighboring properties and/or public rights-of-way.

The ADU shall comply with the required setbacks of the applicable zone, except that an existing legal non-conforming structure located within the setback, such as a garage or accessory building, may be converted to an ADU and maintain the non-conforming setback, 113 December 4, 2023 Item 08
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unless a greater setback is needed for compliance with the building and safety standards of the California Building Code and California Fire Code. In all cases, the ADU shall comply with the required coastal bluff setback in the Coastal Bluff Overlay Zone.

Where an existing garage is demolished or converted to an ADU, the replacement off-street parking required for the primary dwelling unit shall be provided on the premises and may be located in the setback, may be covered or uncovered, and may be tandem or accessible by mechanical lift (if the mechanical lift is designed within a garage).

The ADU shall provide one off-street parking space (covered or uncovered), unless one of the following parking exemptions applies in which case no parking is required:

The ADU would be located within the existing primary dwelling unit.

The ADU would be located within an existing accessory building on the property.

The ADU would be located on a property within one-half mile of public transit, including a bus route, train station, or paratransit service, if applicable.

The ADU would be located in an architecturally and historically significant historic district or on a property listed in the California Register of Historic Places.

The ADU would be located on a property within one block of a designated car share parking location.

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.

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.

ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees.

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.

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.

The primary scenic view protections from a primary living area identified under Chapter 23.08 shall be limited to space within the primary dwelling unit that meets such definitions and in no case shall apply to an ADU.
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3. An exterior wall heater or air conditioning unit is permitted for an ADU. Any additional accessory mechanical equipment or exterior building features that are not otherwise required by this Section or for a dwelling unit per the California Building Code shall be subject to Administrative Design Review in accordance with Section 23.08.035, which shall include, but shall not be limited to, the following:

Roof eaves or architectural projections that overhang the face of the ADU building wall more than 24 inches.

An attached deck, carport, or other outdoor covered area with a finished floor ADUs shall not be located on a beach, in a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a required coastal bluff setback, or in an area designated as highly scenic in the certified Local Coastal Program; and shall not involve significant alteration of landforms per Coastal Act Section 13250 or the expansion or construction of water wells or septic systems.

Within the Carmel Valley Precise Plan Specific Plan area, ADUs shall be limited to location within an existing residence on one of the following lots: Lots 3-9, 11-17, or 20-29.

The owner of an ADU shall 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.
(Ord. No. 932 , § 37, 10-2-2017)

30.91.050 - Junior Accessory Dwelling Unit Development Regulations.

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 habitable Single Dwelling Unit pursuant to the regulations in this Section and California Government Code Section 65852.22.

A JrADU that is designed to meet all of the requirements in this Section 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 prior to approval.

A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a residential zone that allows JrADUs as identified in Section 30.91.020. A JrADU shall not be permitted on a lot with an Accessory Dwelling Unit or multiple dwelling units.

A JrADU shall be constructed entirely within the existing walls of a single dwelling unit and shall include the following:

An existing bedroom;
A separate exterior entry and an interior connection to the primary dwelling unit; 115 December 4, 2023 Item 08
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An efficiency kitchen with a sink (maximum waste line diameter one and one-half inches), a cooking facility with appliances that do not require electrical service of more than 120 volts, or use natural or propane gas, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and
Access to a bathroom within the JrADU or the primary dwelling unit.

The following shall apply to the required separate exterior entry from the primary dwelling unit for a JrADU:

The JrADU shall be limited to the first story or basement level unless the required exterior entry access above the first story level is existing.

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 housing organization.

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 30 consecutive days or greater; except that in the RC zone, a JrADU may be rented without such a limit.

Prior to issuance of a permit for a 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 the following text:

The subject property is developed with a Junior Accessory Dwelling Unit (JrADU) contained entirely within the walls of a primary dwelling unit pursuant to Government Code Section 65852.2 and this Chapter.

This deed restriction identifies use limitations that shall be enforceable against the property owner and all successors in interest.

The property owner shall reside on the property in either the primary dwelling unit or in the JrADU.

The JrADU may be rented for periods of 30 consecutive days or greater, but shall not be sold or conveyed separately from the primary dwelling unit.

The JrADU shall be 500 square feet maximum in size.

The JrADU shall provide independent living facilities which shall include a separate exterior entry, an interior connection to the primary dwelling unit, and an efficiency kitchen with a sink (maximum waste line diameter one and one-half inches), a cooking 116 December 4, 2023 Item 08
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facility with appliances that do not require electrical service of more than 120 volts or use natural or propane gas, and a food preparation and storage cabinets; and access to a bathroom within the JrADU or the primary dwelling unit.

Parking shall not be required for the JrADU.

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.

A new automatic residential fire sprinkler system shall not be required for development of a JrADU.

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.

The primary scenic view protections from a primary living area identified under Chapter 23.08 shall be limited to space within the Primary Dwelling Unit that meets such definitions and in no case shall apply to a JrADU.

The owner of a JrADU shall 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.
(Ord. No. 932 , § 38, 10-2-2017)
117 December 4, 2023 Item 08
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: December 4, 2023
SUBJECT: Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Create Low Income Units (Housing Element Program 2A) and Preserve Existing Multi-Unit Housing (Housing Element Program 5A)
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:

Due to scheduling constraints for prior City Council meeting agendas, this item was continued by the City Council from the October 2 and 16, meetings to the December 4, 2023, Council meeting.

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 provide 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 1 December 4, 2023 Item 09
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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.

Housing Element Program 2A commits the City to consider and adopt, by December 2023, an ordinance to create new incentives to facilitate production of low-income units.

The intent per the Housing Element is to amend and extend applicability of the ADU Incentive Program to increase participation as necessary to produce at least 15 low income ADUs by April 2029. The proposed new incentives will also support implementation of related strategies including the following Housing Element Programs:
• Program 2B (ADU Amnesty Program) strategy to identify existing ADU units that were constructed without obtaining City permits, and have not been counted towards the City’s housing stock, and legalize the units as necessary to count the units as new low-income and moderate-income units towards the City’s housing obligation;
• Program 5A (Preservation of Existing Multi-Unit Housing) to provide incentives for owners of existing apartments and condominiums to create low-income units within existing older apartment and condominium buildings that can be counted towards the City’s affordable housing obligation in exchange for the owner’s ability to add small market rate units to the development where granted as an incentive; and • Program 6B (Affirmatively Furthering Fair Housing) to create new housing options per the Housing Element commitment to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

New Incentives to Improve the Existing ADU Incentive Program The goal of the amended ADU Incentive Program is to encourage property owners of multi-unit sites to deed restrict a portion of the units on-site for rent to low-income households in exchange for the ability to build a specified number of new market rate units on-site (up to a maximum size of 500 square feet per dwelling unit).

Options for new incentives have been considered and discussed in three prior meetings:

Prior City Council Review - On January 23, 2023, the City Council received a report with the findings of consultant studies (Keyser Marston Associates Inc. and Stephen Dalton Architects) that were completed to identify the financial feasibility related to construction of an ADU and how that relates to the likelihood of an owner choosing to build a deed restricted low-income unit on their property. The 2 December 4, 2023 Item 09
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consultant teams prepared zoning assessments and economic studies that evaluated the market (regional and local) and comparative financial benefit that may be achieved by owners constructing ADUs on lots under various scenarios (i.e., single dwelling unit lots, two-unit (duplex) lots, and more dense apartment/condominium development lots. The financial pro forma models estimate a property owner’s return on investment considering the increased value upon completion of an ADU incentive project under current market conditions and accounting for ADU construction costs (generally estimated to range from $450 to $600 per square foot).

The studies considered ADU development potential allowed per State law; and potential incentives. For reference, maximum rent for a low-income unit in the San Diego region generally was restricted to $1,221 for a 1-bedroom and $1,363 for a 2-bedroom unit in 2022 per State law (California Health and Safety Code Section 50053). The consultant determined financial feasibility by estimating the investment needed to create and maintain a low-income rental unit, and whether the cost-benefit associated with the incentive program requirements would result in sufficient added property value to incentivize property owners to participate.

Key findings of the January 2023 consultant studies related to incentives are as follows:
• Where a property owner is limited to development of just one ADU restricted for rent to low-income households, it has “very low financial feasibility” associated.
• Where an owner is able to build at least one market rate ADU in addition to one deed restricted low income ADU, it allows the owner to offset the investment needed for the rent restricted ADU which has “high financial feasibility”. • In more dense multi-unit development (i.e., apartments), the feasibility significantly increases when an owner can build new market rate units on-site in underutilized space to offset the investment needed for creation of rentrestricted units. The studies showed this strategy is the most feasible and can most seamlessly yield the highest number of low-income units through associated infill construction efficiencies and cost saving opportunities.

Planning Commission Review (two meetings): On July 11, 2023, the Planning Commission discussed proposed incentives related to Housing Element Program 2A. Some concerns were expressed about potential impacts to the surrounding neighborhood and whether the City alternatively could just continue to rely on the existing program. The Commissioners generally indicated a preference for the program to have a greater focus on the more dense multi-unit zones and not be applicable in the single unit and duplex zones. Staff revised the ordinance 3 December 4, 2023 Item 09
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accordingly to limit incentives for R1 single dwelling unit lots and R2/RM (RM-East, RM-West, RM-Central) duplex lots to one bonus Junior ADU (JrADU) located entirely within the walls of the primary dwelling unit structure and one 500 square foot bonus.

On September 12, 2023, the Planning Commission considered the amended ADU Incentive Program, as revised to address feedback from the July 11, 2023, public workshop, and voted unanimously to recommend approval to the City Council.

DISCUSSION/ANALYSIS:

State Housing law requires the City to create new opportunities for affordable housing units. The City’s certified Housing Element identifies the ADU Incentive Program as a priority strategy to integrate new moderate income and lower income units throughout the City. One challenge has been that State law already provides generous incentives to property owners for ADU and JrADU development (i.e., streamlined, ministerial review process and minimum size parameters) without an affordability requirement, particularly in single dwelling unit and two-unit zones.

As proposed, the amended ADU Incentive Program would slightly expand upon the existing incentives for single dwelling unit and two-unit zones and offer new incentives in multi-unit zones with greater economic feasibility to help offset the investment needed for creation of rent-restricted units with minimal impacts to the community consistent with the Del Mar Community Plan. There are multiple benefits of the Program including:
• New housing options to help existing households remain living in the community; • New housing options to help new households relocate to Del Mar; • New infill development housing options on the same premises as primary dwelling unit or multiple dwelling unit development;
• New affordable housing in proximity to transit, services, and employers; and • New housing options that reduce vehicle miles traveled (VMT) and greenhouse gas emissions (GHG).

Proposed Incentives for Single Dwelling Unit and Duplex Lots In single dwelling unit and two-unit/duplex zones any property owner that proposes to deed restrict a unit for rent to a lower income household would be eligible for one 500 square foot floor area ratio bonus (existing incentive offered) in addition to a development allowance of one bonus 500-square foot JrADU through the amended ADU Incentive Program. The scope of incentives in this context has been narrowly expanded in order to more seamlessly integrate the unit into the existing development and minimize impacts to the community.

The proposed incentive program would apply the following additional provisions:
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• Allow one 500-square foot bonus JrADU on lots with existing single dwelling unit or duplex development, notwithstanding the parameters under California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to JrADUs in single dwelling unit zones. As proposed, the JrADU incentive would apply to single dwelling unit lots in the R1-5, R1-5B, R1-10, R1- 10B, R1-14, R1-40, and CVPP zones, and lots that allow duplex development in the R2, RM-West, RM-Central, and RM-East zones.
• Require that the bonus JrADU be limited to a maximum size of 500 square feet and located within the walls of the primary residence or an ADU structure on-site.

As such, there would be no visual change in the structure massing of development already allowed on these lots. Potential impacts to neighboring properties would be minimized. Further, the following table shows that the difference is minimal between the maximum number of units allowed per lot in R1 zones and RM/R2 zones for the ADU Incentive Program compared to the number of units allowed per State ADU law and State Senate Bill 9 (SB 9) law:

Comparison of the Respective Maximum Number of Units per Lot R1 zones RM/R2 zones
ADU Law SB 9 Law ADU Law SB 9 Law
Single Unit
Lot
3 units max
(primary +
one ADU +
one JrADU)
4 units max
(4 primary
units or
2 primary +
2 ADUs)
2 units max
(primary +
one ADU
when the site
is developed
with one
primary unit)
N/A
Duplex Lot N/A N/A 4 units max
(2 primary +
2 ADUs)
N/A
ADU
Incentive
Program Lot
Awarded
Bonus Unit
for Providing
Low Income
Unit
4 units max
(primary +
one ADU +
2 JrADUs)
N/A
(SB 9
projects
already
require one
affordable
unit)
5 units max
(2 primary +
2 ADUs +
one JrADU)
N/A
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Proposed Incentives for Existing Dense Multiple Dwelling Unit Lots On multi-unit lots with greater density, any property owner that proposes to deed restrict units for rent to lower income households would be eligible for an award of the right to develop bonus units (ADUs or JrADUs) limited to a maximum number of bonus units per project. The amended ADU Incentive Program would allow for an increase in the number of market rate ADUs that can be developed on a multi-unit lot at a percentage that is proportional to help offset the cost associated with creation of rent restricted ADUs. To minimize impacts to the community, the ADU Incentive Program would limit the number of new structures that can be built per lot and require new bonus units to be located in existing structures or consolidated and co-located into a maximum of one new structure.

The multi-unit incentive would apply to eligible properties in the RM (RM-South, RM-West, RM-East, and RM-Central zones), R2, and non-residential zones that allow multi-unit housing (currently North Commercial and Professional Commercial zones). Attachment B to this report provides maps and a table to identify the 25 existing locations in the City that would be eligible for the Program. The City currently has nine apartment complexes (ranging from 12 to 97 units per development) and sixteen (non-duplex) condominium developments (ranging from 5 to 126 units per development). The majority of these sites are located in the RM-South zone (12 properties), with the remaining located in the R2 zone (5 properties), RM-West zone (4 properties) and RM-East zone (4 properties).

Non-conforming properties that are over density would be allowed to participate in the ADU Incentive Program if the proposed development has an on-site property manager.

The RM-South zone is currently developed with several projects that were legally developed at a density that is higher than what is currently allowed by the zone. Similar non-conforming properties are also located in the RM-West, RM-East, and R2 zones.

The City has one non-conforming apartment complex (53 units) located at 526 Camino del Mar in the Visitor Commercial zone that would not be eligible for the Program in order to maintain consistency with the certified LCP, which prioritizes visitor accommodations use (existing land use designation/zoning designation) over the existing non-conforming residential use. In order for this property to be eligible for the ADU Incentive Program in the future, the City would need to process a General Plan Amendment, Rezone, and Local Coastal Program Amendment (amending the land use designation and zoning maps) to change the existing visitor commercial designation to a designation that allows multi-unit residential use. See Attachment C for the associated map and site details.

One bonus unit would be awarded for each low-income unit with a 30-year commitment and 1.5 bonus units awarded for units with a 55-year commitment. Owners would be able to designate the new deed restricted low-income units as any of the existing dwelling units and/or any new ADUs or JrADUs created on-site. The following table identifies the number of units that would be allowed per lot for multi-unit projects. The column indicating 6 December 4, 2023 Item 09
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the “total maximum new units” accounts for the two detached ADUs allowed per State ADU law plus the bonus units awarded as an incentive per the ADU Incentive Program, and accounts for the fact that deed restricted low-income units would be designated from a combined total of the existing dwelling units on-site and any new units developed onsite (per the ADU Incentive Program and State ADU law). The bonus unit calculation is rounded down to the nearest whole number.

Proposed Incentives for Existing Dense Multi-Unit Projects Bonus Units Awarded if
30 year commitment
(1:1)
Bonus Units Awarded if
55 year commitment
(1.5:1)
Low
Income
Units
Created
Total
Maximum
New Units
(Includes 2
per law +
bonus)
1 1 1 3
2 3 2 4-5
3 4 3 5-6
4 6 4 6-8
5 7 5 7-9
6 9 6 8-11
7 10 7 9-12
8 12 8 10-14
9 13 9 11-15
10 15 10 12-17
The proposed ADU Incentive Program would apply the following additional provisions:
• Bonus units per the ADU Incentive Program would be in addition to the two detached ADUs allowed for multi-unit development per State ADU law. • Bonus units would be allowed to be developed as ADUs or JrADUs up to a maximum size of 500 square feet, notwithstanding California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to a JrADU in single dwelling unit zones and specify other ADU size and location parameters.
• The number of bonus units (ADU or JrADU) awarded as an incentive would be commensurate with the number of low-income units created and the length of time committed to by the property owner for the low-income deed restriction. • A maximum of 15 bonus units per project would limit intensity of new development. 7 December 4, 2023 Item 09
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• Bonus units would be required to be developed inside the walls of existing buildings on-site in converted or repurposed space and/or within a maximum of one new structure subject to compliance with certified LCP protections for public scenic views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of applicable base zones/overlay zones. • Development of the bonus units would be exempt from the zone FAR and lot coverage limits and subject to approval via a ministerial permit process in compliance with applicable ADU-related objective standards (exempt from discretionary review).
• Properties with existing non-conforming density would be allowed to participate in the Program consistent with Housing Element Program 5A strategies to preserve existing multi-unit housing stock and create new affordable housing. • The ADU Incentive Program would not expire in order to accommodate flexibility for additional low-income unit capacity consistent with the Housing Element Program 6B Affirmatively Furthering Fair Housing commitments per State law.

City Council adoption of the Ordinance will complete the required Housing Element Program 2A implementation action. It should be noted that the proposed Ordinance does not amend the City’s certified LCP. Therefore, the Ordinance will be effective 30 days after City Council adoption. As stated above, a separate Ordinance/LCP Amendment is simultaneously in process to establish updated local ADU and JrADU regulations in the Del Mar Municipal Code and LCP and includes provisions to confirm the City’s authority to award incentives per the ADU Incentive Program consistent with State law.

HOUSING IMPACT:

The City’s certified Housing Element identifies a need to create at least 113 lower income units and at least 100 additional new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

The amended ADU Incentive Program is intended to result in creation of at least 15 low income units. This action implements Housing Element Program 2A (Incentive Program to Create Low Income Units) and Program 5A (Preservation of Existing Multi-Unit Housing) and supports related commitments required by Housing Element Program 2B (Amnesty Program) and Program 6B (Affirmatively Furthering Fair Housing).

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. 8 December 4, 2023 Item 09
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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 • 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 and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6 th Cycle Housing Element 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 PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the amended ADU Incentive Program. 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.
9 December 4, 2023 Item 09
City Council Agenda Report
ADU Incentives Ordinance
December 4, 2023

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Ordinance to Amend the ADU Incentive Program Attachment B – Location Map and Table of Existing Eligible Apartment and Condominium Developments
Attachment C – Location Map of Nonconforming Development in VC Zone (Currently Not Eligible)
10 December 4, 2023 Item 09
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE EXISTING ACCESSORY

DWELLING UNIT (ADU) PILOT PROGRAM BY IDENTIFYING

ADDITIONAL INCENTIVES TO ENCOURAGE PROPERTY

OWNERS TO CREATE DEED RESTRICTED ADUS AND JUNIOR

ADUS AFFORDABLE TO LOWER INCOME HOUSEHOLDS IN
ACCORDANCE WITH THE 6

TH CYCLE HOUSING ELEMENT
PROGRAM 2A
WHEREAS, 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 multiple dwelling unit development (i.e., duplex, apartments, or condominiums) subject to the regulations set forth in California Government Code Sections 65852.2 and 65852.22; and WHEREAS, the City’s certified Housing Element identifies a need to create at least 113 lower income units and at least 100 additional new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, the Housing Element identifies use of an ADU Incentive Program as a priority strategy to integrate new affordable housing units throughout the City, with minimal impacts, consistent with the Del Mar Community Plan; and WHEREAS, the City Council adopted the existing ADU Incentive Program on May 22, 2018, with extensions thereto adopted on June 1, 2020 and May 16, 2022, to encourage the creation of deed restricted affordable ADUs or JrADUs that the City can count towards the City’s low income unit housing obligation; and WHEREAS, the City’s existing ADU Incentive Program has created only one lowincome unit over a five-year period; and WHEREAS, Housing Element Program 2A commits the City to consider and adopt new incentives by December 2023 to increase ADU Incentive Program participation to produce at least 15 low income ADUs by April 2029; and
WHEREAS, the new incentives will address the Housing Element Program 2A commitment and other related Housing Element strategies including Program 2B (Amnesty Program), Program 5A (Preservation of Existing Multi-Unit Housing), and Program 6B (Affirmatively Furthering Fair Housing) by creating new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, one challenge in creating new incentives for the ADU Incentive Program has been that State law already provides generous incentives for ADU and JrADU development (i.e., streamlined, ministerial review process and minimum size Attachment A
11 December 4, 2023 Item 09
Ordinance No. XXXX

parameters) without an affordability requirement, particularly in single dwelling unit and two-unit zones; and
WHEREAS, on January 23, 2023, the City Council received a report with the findings of consultant studies that were completed to identify the financial feasibility related to construction of an ADU and how that relates to the likelihood of an owner choosing to build deed restricted low income units on their property; and WHEREAS, the amended ADU Incentive Program would slightly expand upon the existing incentives for single dwelling unit and two-unit zones and offer new incentives in multi-unit zones with greater economic feasibility to help offset the investment needed for creation of rent-restricted units with minimal impacts to the community consistent with the Del Mar Community Plan; and
WHEREAS, in single dwelling unit and two-unit/duplex zones any property owner that proposes to deed restrict a unit for rent to a lower income household would be eligible for one 500 square foot floor area ratio bonus and development of one bonus 500-square foot JrADU through the amended ADU Incentive Program; and WHEREAS, in multi-unit zones the amended ADU Incentive Program would allow for an increase in the number of market rate ADUs that can be developed on a multi-unit lot as an incentive that would be awarded proportional to the number of low income units created in order to help offset the cost associated with creation of rent restricted units; and
WHEREAS, the exact income limit for lower income households is based on a combination of federal and state law whereby the United States Department of Housing and Urban Development (HUD) annually sets median family income (MFI) numbers to reflect its Section 8 income limits and changes thereto, and California’s Department of Housing and Community Development then relies on the HUD MFI numbers to annually determine California’s area median income (AMI) limits; and WHEREAS, a lower income household is defined by State law as people or families whose gross income does not exceed 80 percent of AMI and includes low income, very low income, and extremely low income households; and WHEREAS, an “Eligible Household” shall mean a household that has been determined to be eligible to be a tenant of the ADU as a lower income household; and WHEREAS, "Affordable Rent" shall mean the maximum allowable rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:
12 December 4, 2023 Item 09
Ordinance No. XXXX

SECTION ONE:

An applicant for the ADU Incentive Program shall submit the City’s universal development application and the Accessory Dwelling Unit application forms. The application forms shall identify the proposed development, including specification of the number of proposed deed restricted lower income units, identification of which units on-site are proposed as income restricted units, and identification of whether the units will be deed restricted for a minimum of 30 years or 55 years. Property owners who meet the requirements of the ADU Incentive Program commitment shall be granted incentives to help the owner offset the investment needed for creation of rent restricted units as set forth in Sections Two and Three of the Ordinance.

SECTION TWO:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in single dwelling unit and two-unit/duplex zones. Development is eligible where proposed on single dwelling unit lots in the R1-5, R1-5B, R1-10, R1-10B, R1-14, R1-40, and CVPP zones, and where proposed on lots that allow duplex development in the R2, RM-West, RM-Central, and RM-East zones.

In single dwelling unit and two-unit/duplex zones, a property owner that proposes to deed restrict a unit for rent to a lower income household is eligible for the following incentives subject to requirements that the bonus JrADU be limited to a maximum size of 500 square feet and located in the walls of the primary residence or existing ADU structure on-site:
• One 500 square foot floor area ratio bonus that may be used to expand the existing primary unit development on the lot subject to Design Review Board approval; and an
• Allowance to develop one bonus 500-square foot JrADU subject to ministerial ADU permit approval, notwithstanding the parameters under California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to JrADUs in single unit zones.

SECTION THREE:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in the Medium Density Mixed Residential (RM-East, RM-West, and RM-Central) zones, Medium Density Multiple (RM-South), High Density Mixed Residential (R2) zone, and non-residential zones (North Commercial and Professional Commercial) with more dense development (five or more units). Development in the Visitor-Commercial zone is not eligible for the Program. The applicant can be the owner, or owner’s representative, and can include lots that are developed with apartments or condominium units. 13 December 4, 2023 Item 09
Ordinance No. XXXX

On eligible properties with more dense development (five or more units), a property owner that proposes to deed restrict units for rent to lower income households is eligible for incentives allowing for an increase in the number of market rate units can be developed subject to requirements as follows:
• Owners shall designate the new deed restricted low-income units as any of the existing dwelling units and/or any new units proposed to be created on-site. • Non-conforming properties that are over density are allowed to participate in the ADU Incentive Program if the proposed development has an on-site property manager.
• The number of bonus units (ADU or JrADU) awarded as an incentive would be commensurate with the number of low-income units created and the length of time committed to by the property owner for the low-income deed restriction. One bonus unit shall be awarded for each low-income unit with a 30-year contract commitment and 1.5 bonus units awarded for units with a 55-year contract commitment, up to a maximum of 15 bonus units per project. Bonus units per the ADU Incentive Program would be in addition to the two detached ADUs allowed for multi-unit development per State ADU law.

The following table identifies the number of units allowed per lot for multi-unit projects. The column indicating the “total maximum new units” accounts for the two detached ADUs allowed per State ADU law plus the bonus units awarded as an incentive per the ADU Incentive Program, and accounts for the fact that deed restricted low-income units would be designated from a combined total of the existing dwelling units on-site and any new units developed on-site (per the ADU Incentive Program and State ADU law). The bonus unit calculation is rounded down to the nearest whole number.

Proposed Incentives for Existing Dense Multi-Unit Projects Bonus Units Awarded
if 30 year commitment
(1:1)
Bonus Units Awarded
if 55 year commitment
(1.5:1)
Low
Income
Units
Created
Total Maximum
New Units
(Includes two
per State law +
bonus units)
1 1 1 3
2 3 2 4-5
3 4 3 5-6
4 6 4 6-8
5 7 5 7-9
6 9 6 8-11
7 10 7 9-12
8 12 8 10-14
9 13 9 11-15
14 December 4, 2023 Item 09
Ordinance No. XXXX

10 15 10 12-17
• Development of bonus units is subject to approval of a ministerial permit process in compliance with applicable ADU-related objective standards (exempt from discretionary review) and the following requirements:
o Bonus units would be allowed to be developed as ADUs or JrADUs up to a maximum size of 500 square feet, notwithstanding California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to a JrADU in single dwelling unit zones and specify other ADU size parameters that are not applicable to the ADU Incentive Program. o Bonus units would be required to be developed inside the walls of existing buildings on-site in converted or repurposed space and/or within a maximum of one new structure subject to compliance with certified Local Coastal Program protections for public scenic views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of applicable base zones/overlay zones.
o Development of the bonus units is exempt from the zone FAR and lot coverage limits.
o Development of new structures shall be minimized. The bonus units shall be located in existing structures or consolidated and co-located into a maximum of one new structure.

SECTION FOUR:

The property owner shall record a deed restriction to memorialize the owner’s commitment to rent deed restricted ADUs or JrADUs at an “affordable rent” for the specified minimum number of years to any “eligible household”. The deed restriction shall ensure that the deed restricted ADUs or JrADUs are maintained as continuously available for rental and occupancy as low income affordable units, that the deed restricted ADUs or JrADUs shall not be rented at market rate during the deed restricted time period, and that the deed restricted ADUs or JrADUs shall not be used for any other purpose than rental and occupancy as low income affordable units.

SECTION FIVE:

State law requires that the City provide an annual report to California’s Department of Housing and Community Development by April 1 of each year to report on the status of the City’s progress in meeting its regional housing obligation and in the implementation of adopted Housing Element goals. The property owner shall agree to provide annual reports by February 1 that identify the status of the deed restricted ADUs or JrADUs.

Annual reports from the owner shall identify the total time rented during the prior calendar 15 December 4, 2023 Item 09
Ordinance No. XXXX

year, the rent collected, and shall include a statement of qualifying tenant income to demonstrate compliance with the maximum 80% area median income requirement.

SECTION SIX:

Lots that are developed to the maximum floor area of the applicable zone or that are legal non-conforming (i.e., non-conforming density) are eligible to participate in the ADU Incentive Program.

SECTION SEVEN:

The City shall have the authority to invoke the remedies and enforcement penalties for violation of this ordinance as set forth in Chapter 1.08, or any successor section thereof, of the Del Mar Municipal Code. Breach of any agreement entered into arising from this ordinance shall be considered a violation of this Ordinance. Notwithstanding the foregoing, the City shall also have the right to sue a property owner, for breaching the contract required by this ordinance, in the applicable state or federal court, not only for damages, but for specific performance of the contract. Nothing set forth in this Section shall serve to limit any other remedies available to the City at law or in equity and the City shall have the right to pursue all available remedies.

SECTION EIGHT:

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 • 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 16 December 4, 2023 Item 09
Ordinance No. XXXX

species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6th Cycle Housing Element 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 PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the amended ADU Incentive Program. 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 NINE:

This Ordinance was introduced by the City Council on December 4, 2023.

SECTION TEN:

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

SECTION ELEVEN:

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 TWELVE:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at a regular meeting held on the 18
th day of December, 2023.
______________________________
Tracy Martinez, Mayor
City of Del Mar
17 December 4, 2023 Item 09
Ordinance No. XXXX

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar

ATTEST AND CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
18 December 4, 2023 Item 09
North Beach Multi-Unit Properties
19 December 4, 2023 Item 09
City Center Multi-Unit Properties
20 December 4, 2023 Item 09
South Stratford Multi-Unit Properties
21 December 4, 2023 Item 09

EXISTING MULIT-UNIT PROPERTIES

ADU INCENTIVE PROGRAM
OCTOBER 2023
Name/Address of Multi-Unit Property # of Units Zone
1 Del Mar Woods Condos 126 RM-South
2 Los Arboles Apts (201 4th Street) 97 RM-South
3 167 4th Street Apts 12 RM-South
4 212 4th Street Condos 18 RM-South
5 424 Stratford Court Condos 38 RM-South
6 425 Stratford Court Apts 18 RM-South
7 510 Stratford Court Apts 48 RM-South
8 515 Stratford Court Condos 10 RM-South
9 519 Stratford Court Condos 18 RM-South
10 460 Camino del Mar Condos 18 RM-South
11 Sea Cliff Way Condos (Stratford Court and Sea Cliff Way) 5 RM-South 12 703 Stratford Court Apts 12 RM-South
13 155 15th Street Apts 28 R2
14 1552 Camino del Mar Condos 24 R2
15 1558 Camino del Mar Condos 20 R2
16 1562 Camino del Mar Condos 36 R2
17 1844 Camino del Mar (Del Mar Villas Condos) 24 R2
18 1735 Coast Blvd Condos 5 RM-West
19 1757 Coast Blvd Condos 10 RM-West
20 1750 Ocean Front Condos 5 RM-West
21 El Adobe Apts (2135 Coast Blvd) 12 RM-West
22 2515 Camino del Mar Apts 14 RM-East
23 Costa Del Rey Condos (2719 Camino del Mar) 16 RM-East 24 Beach Colony Apts (2801 Camino del Mar) 86 RM-East
25 Sandy Pointe Condos (Camino del Mar and 29th Street) 20 RM-East Total Units:
720
22 December 4, 2023 Item 09
Multi-Unit Property in Visitor Commercial (VC) Zone Attachment C 23 December 4, 2023 Item 09
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: December 4, 2023
SUBJECT: Adoption of a City Council Policy to Implement an Accessory Dwelling Unit Amnesty Program to Create Affordable Units in Compliance with Housing Element Program 2B
REQUESTED ACTION/RECOMMENDATION:

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.

BACKGROUND:

Due to scheduling constraints for prior City Council meeting agendas, this item was continued by the City Council from the October 2 and 16 meetings to the December 4, 2023, Council meeting.

Housing Element Program 2B commits the City to consider and adopt an Accessory Dwelling Unit (ADU) Amnesty Program by December 2023. The proposed ADU Amnesty Program is intended to supplement the ADU Incentive Program, which is in process as a separate uncodified Ordinance, to implement Housing Element Program 2A. The City’s goal is to utilize a range of incentives offered through Housing Element Programs 2A and 2B to facilitate production of at least fifteen (15) low-income units and create additional opportunities consistent with Program 6B, which commits the City to implement a suite of actions to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

The intent per the Housing Element is to help existing households remain living in the community and help new households relocate to Del Mar as opportunities become available.
1 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

The proposed ADU Amnesty Program has been previously considered and discussed in noticed public meetings held by the Planning Commission on July 11 and September 12, 2023. At the July 11, 2023, workshop, the Commission discussed potential implementation approaches for the proposed Amnesty Program. Feedback included recommendations to conduct additional public outreach and use both incentives (i.e., fee waivers) and penalties to encourage property owners to identify qualifying units and participate in the program to identify affordable units that can be counted towards the City’s affordable housing obligation.

On September 12, 2023, the Planning Commission formally considered the proposed ADU Amnesty Program as revised to address feedback from the public workshop. The Commission unanimously recommended approval to the City Council with recommendations to specify a two-year timeframe for the Amnesty Program, and that the City Council consider increasing code enforcement fines. The proposed Council Policy (Exhibit A to Attachment A) has since been revised to reflect a two-year timeframe for the Amnesty Program. Any amendments to the applicable code enforcement fines would need to be addressed separately as part of a citywide ordinance update specific to the City’s code enforcement fee schedule. Analysis of the existing code enforcement process and penalty fee structure is provided in the report analysis below and Attachment B.

DISCUSSION/ANALYSIS:

The ADU Amnesty Program is proposed for a two-year time period and, if approved, shall commence on the date the policy is adopted by the City Council. At the end of the initial two-year period, the City Council would have the opportunity to extend the program for an additional period of time, which would be established at their discretion.

Amnesty Program Participation
To enter into the proposed Amnesty Program, property owners would come forward, either voluntarily or through the City’s Code Enforcement process, to legalize the unpermitted unit(s) on their property. To qualify for participation in the Program, the ADU must have existed on or prior to April 15, 2021. The City is proposing to use incentives to encourage voluntary participation in the program for owners who are willing to deed restrict their unpermitted unit as an income-restricted rental to a moderate or low-income household. This would include a courtesy 30-minute confidential consultation with City staff prior to submittal of an application. The Program makes a variety of incentives, fee waivers, and concessions available to encourage participation as identified below. Much of this would involve facilitating legalization of the unit through required permit processes and accommodating the associated fees where it aligns with the City goals to create new affordable units.

Owners would be required to go through the local process to obtain all required permits and would be required to bring the unpermitted unit up to current California Building Code 2 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

standards. Required permits for bringing all units into compliance would include an Administrative Coastal Development Permit issued by the Planning and Community Development Director and a building permit issued by the Building Division. A courtesy site inspection by a City building inspector could be provided as part of the process as an incentive to bring the unit into compliance; however, it would be the property owner’s responsibility to demonstrate compliance with the California Building Code.

Once the building permit has been issued by the Building Division, the property owner would have five years to complete any necessary construction to bring the unit into compliance with current Building Code. Should the property owner exceed the five years, the property would be in violation of the Program commitment and, as a result, the City’s code enforcement fines would apply from the end of the 5-year period until the unit has received final inspection and approval for dwelling unit occupancy by the Building Division.

Program Incentives, Fee Waivers, and Concessions
The provision of incentives, fee waivers, and concessions considers the typical permit process and code enforcement fee structure to align the Amnesty Program with City goals to create new affordable units. The typical ADU development permit process and code enforcement for a unit developed without obtaining required permits involves:
• Permits: Processing of two ministerial permits including an ADU permit and a building permit, and a recordation fee to cover recordation of the associated deed restriction with the County of San Diego (County Recorder). The current permit cost for these permits is $310 for the Administrative Coastal Development Permit, $4,000 to $14,000 for the building permit depending on the size of the structure and whether the development’s location is subject to environmentally sensitive constraints (i.e., resource protection-related Overlay zones), and $105 County Recorder fee.
• Plan Preparation: An owner is typically responsible for preparation of their own building plans to demonstrate compliance with the applicable objective standards.

Stephen Dalton Architects, the City’s on-call consultant, estimates a cost of approximately $17,500 for preparation of full construction drawings for a building permit. This construction drawing plan set estimate would generally include the type of details the City would need to review (i.e., site plan, floor plan, elevations, etc.)
• Code Enforcement Fines: For dwelling units that are developed without obtaining the required permits, additional code enforcement-related fines are applicable depending on the nature of the violation and the timing and manner in which the code violations are addressed. As identified in Attachment B, the City’s code 3 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

enforcement fee structure is applicable on a per violation basis that escalates when the violation is not timely addressed. The associated costs for compliance can add up when there are multiple violations. For example, previous code violations for unpermitted dwelling units have resulted in a range of fines from $1,400 to $6,300.

Through the Amnesty Program, property owners willing to deed restrict their unpermitted ADU as an income-restricted rental could be granted fee waivers or partial waivers, courtesy inspections, and additional concessions during the permitting process to bring the unpermitted unit into compliance as shown in Table 1 below. Property owners who are unwilling to restrict their unpermitted ADU as an income restricted rental would be required to go through the full permitting process, at full cost to the owner.

The Program would generally grant partial waivers and concessions for applications where an owner commits to rent the unit to a moderate-income household, and full fee waivers where an owner commits to rent the unit to a low-income household for a set period of time. The proposed timeframe commitment is 30 years, which is consistent with the City’s ADU Incentive Program applicability to single dwelling unit and duplex development.

While the Planning Commission recommendation is to waive code enforcement fines for the first two years as an incentive for program participation, staff recommends that the City issue only partial waivers of code enforcement fees (up to a maximum of $500) unless the owner commits to deed restrict the unit for rental to a low-income household.

Staff recommends no fee waivers or concessions for property owners who choose not to restrict their existing unpermitted ADU for rent to moderate-income or low-income households.

Table 1 below provides specific details for applicable fee types and how waivers or partial waivers may be applied based on the unrestricted or restricted income level for the ADU.

TABLE 1: PROPOSED WAIVERS/CONCESSIONS
Fee Type Above Moderate
ADU/Unrestricted
Income Level
Moderate ADU Low-Income
ADU
Code Enforcement
Fees/Fines
Partial waiver up
to $500 maximum
Partial waiver up
to $1,000
maximum
100% waiver
applied
Administrative Coastal
Development Permit
Fee
No waiver applied 50% waiver
applied
100% waiver
applied
4 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

Building Permit Fees,
including Building
Inspection
No waiver applied 50% waiver
applied to building
permit fees;
Courtesy 30-
minute inspection
provided
100% waiver
applied; Courtesy
30-minute
inspection
provided
Deed Restriction
Recordation Fee
No waiver applied 50% waiver
applied
100% waiver
applied
ADU Incentive
Program
N/A N/A • Bonus JrADU
• 500 SF FAR
bonus towards
non-ADU
development
on-site
Additional concessions No additional
concessions
• Accommodate existing ADU that
exceeds allowed maximum SF
(attached or detached ADU)
• Accommodate ADU with existing
height greater than 16 feet
• Accommodate ADU size that
exceeds allowable FAR/lot
coverage for the lot
Table 2 below shows the fees/costs for each step in the process. As mentioned above, some or all of these fees would be absorbed by the City should a homeowner choose to create a moderate-income or low-income ADU, according to the draft policy.

TABLE 2: FEES
Fee Type Fine/Cost (subject to increase)
Code Enforcement Fees/Fines See Attachment B
Administrative Coastal Development Permit
Fees
$310. Cost is adjusted every year on
July 1 per the City’s adopted fee
schedule.

Building Permit Fees, including Building
Inspection
$4,000 to $14,000. Dependent on
size of ADU and location within the
City.

Deed Restriction Recordation Fee Approximately $105.
5 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

Relationship to the Housing Element
The intent of the Amnesty Program is to identify dwelling units that could be counted towards the City’s Regional Housing Needs Assessment (RHNA). The Housing Element identifies production of at least 15 low-income units as its primary goal for this housing strategy. The Program can also be beneficial to the City if able to create units for moderate income, lower income, and special needs households. In order to count the unit in annual progress reports submitted to the California Department of Housing and Community Development, City staff would need to verify that the unit has not been previously counted toward the City’s RHNA and that the unit existed as of April 15, 2021.

HOUSING IMPACT:

This action implements the City’s certified Housing Element Program 2B (ADU Amnesty Program) and is a component of Program 6B (Affirmatively Furthering Fair Housing). The Housing Element identifies a need to create at least 113 lower income units and to provide actions to create at least 100 new opportunities to improve housing choices/options for moderate and low-income, and special needs households. The Amnesty Program, in conjunction with the amended ADU Incentive Program (Housing Element Program 2A), is intended to create at least 15 low-income units. The Amnesty Program is also offering incentives to try to create new moderate-income units.

FISCAL IMPACT:

Should the City Council adopt the program, as proposed, there would be a fiscal impact to the City for covering the cost of permit fees, inspection fees, and deed recordation for moderate-income or low-income ADUs.

FISCAL IMPACT ESTIMATE
Incentive/Fee Waiver
Type
Typical Cost
Recovery by City
with Partial
Amnesty Waiver of
Code Enforcement
Estimated Fiscal Impact to City
Moderate
Income Unit
Low Income
Unit
Administrative Coastal
Development Permit
Fees
$310. (Cost is
adjusted every year
on July 1 per the
City’s adopted fee
schedule.)
Loss of $155 per
unit
Loss of $310
per unit
Building Permit Fees,
including Building
Inspection
$4,000 to $14,000.
(Dependent on size of
ADU and location
within the City.)
Loss of $2,000 to
$7,000 per unit
Loss of $4,000
to $14,000 per
unit
6 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

Deed Restriction
Recordation Fee
Approximately $105. Loss of $52.50
per unit
Loss of $105
per unit
Total Recovery of up to
$14,415 per unit
Loss of up to
$7,207.50 per
unit
Loss of up to
$14,415 per
unit
Code Enforcement Fees Loss of up to $500
deduction per unit
Loss of up to
$1,000
deduction per
unit
Full waiver
loss of up to
approximately
$3,000 per unit
Total with Code
Enforcement
Fees/Waivers
Cost recovery with
exception of loss up
to $500 per unit
Loss of up to
$8,207.50 per
unit
Loss of up to
$17,415 per
unit
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 • 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.
7 December 4, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
December 4, 2023

Notwithstanding applicability of the Statutory and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6 th Cycle Housing Element 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 PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the ADU Amnesty Program. 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:

Implementation of Housing Element Programs 2A and 2B in accordance with the certified Housing Element is a Tier 1 City Council identified priority for completion in Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Resolution Establishing City Council Policy 119 – ADU Amnesty Program
Attachment B – Code Enforcement Process and Penalty Fee Structure 8 December 4, 2023 Item 10
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY

ESTABLISHING AN ACCESSORY DWELLING UNIT (ADU)
AMNESTY PROGRAM TO IMPLEMENT THE 6

TH CYCLE
HOUSING ELEMENT PROGRAM 2B
WHEREAS, the City maintains a City Council Policy Book with adopted Council policies stating the City Council’s expectations for policies and procedures relating to General Administration, Boards, Commissions and Committees, and City Council Meeting Procedures; and
WHEREAS, the City Council adopted the 6th Cycle Housing Element on April 3, 2023, which included Program 2B within the Housing Plan indicating the City’s intent to establish an ADU Amnesty Program; and
WHEREAS, in accordance with State law the Housing Element is intended to facilitate opportunities for a variety of housing types at a variety of income levels to accommodate the Regional Housing Needs Assessment (RHNA); and WHEREAS, the purpose of the ADU Amnesty Program is to identify undocumented dwelling units that can be brought up to code and later be counted as moderate-income or low-income units to meet the City’s RHNA and adopted housing goals as stated in the Housing Element; and
WHEREAS, the City’s goal is to utilize a range of incentives offered through Housing Element Programs 2A and 2B to facilitate production of at least fifteen (15) lowincome units and create additional opportunities consistent with Housing Element Program 6B, which commits the City to implement a suite of actions to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and WHEREAS, establishing the ADU Amnesty Program by this City Council Policy would fulfill Program 2B within the Housing Plan of the certified Housing Element; and WHEREAS, the proposed action has been analyzed and determined to be Statutorily Exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15282(h) and Categorically Exempt per CEQA Guidelines Class 1 15301 (Existing Facilities), Class 2 Section 15302 (Replacement or Construction), Class 3 (New Construction or Conversion of Small Structures), and Class 32 (Infill Development Projects); and
WHEREAS, the proposed action is consistent with prior environmental analysis prepared for the 6th Cycle Housing Element Final Program Environmental Impact Report (“PEIR”) (SCH No. 2020029064) that was certified by the City Council on October 5, 2020 Attachment A
9 December 4, 2023 Item 10
Resolution No. 2023-__

(Resolution 2020-52), and that PEIR analyzed the Housing Element Programs, including the Amnesty Program, and disclosed all anticipated environmental impacts of future housing development programs and reduce those impacts to levels of insignificance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby ratifies and approves City Council Policy 119 as set forth in Exhibit A to this Resolution; and
NOW, BE IT FURTHER RESOLVED that City Council Policy 119 be incorporated into the City Council Policy Book.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4
th day of December 2023.
_____________________________
Tracy Martinez, Mayor
City of Del Mar
10 December 4, 2023 Item 10
Resolution No. 2023-__

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, 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 4
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 December 4, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 1 OF 3
I. PURPOSE AND INTENT:

This policy establishes the City of Del Mar Accessory Dwelling Unit (ADU) Amnesty Program and outlines the procedure by which a property owner would legalize an existing ADU that was previously constructed without the benefit of permits. The intent of the policy is to legalize unpermitted dwelling units and identify undocumented dwelling units that can be documented and reported to the State Department of Housing and Community Development Department in the Annual Housing Progress Report. Further, this Program will provide incentives to create deed-restricted moderate and low-income housing that can be assigned as moderate and lowincome units in the City’s Regional Housing Needs Allocation (RHNA) and adopted housing goals as stated in the Housing Element. The establishment of this policy satisfies Program 2B and is a component of Program 6B of the City’s Certified 6th Cycle Housing Element.

II. POLICY
A. PROCEDURE:

The Amnesty Program shall commence on the date the policy is adopted by the City Council and be active for two years, unless extended by the City Council. Property owners will come forward, either voluntarily or through the City’s Code Enforcement process, to legalize the unpermitted dwelling unit(s) on their property. During the two-year Program, fee waivers may be granted in accordance with Table 1 below, depending on how the ADU is utilized.

Below is a step-by-step procedure to legalize an existing, unpermitted Accessory Dwelling Unit, and for creation of a low-income housing unit.
1) Property owner contacts the Planning Department for assistance with legalizing the existing ADU.
a. If the property owner comes forward due to a code enforcement complaint, a portion of the code enforcement fees may be waived in accordance with this Program.
2) City staff shall verify the unit existed as of April 15, 2021, and that the unit has not been previously counted toward the City’s RHNA.
3) The City shall provide confidential consultation and free initial inspection by Building Inspectors.
4) Applicant applies for Administrative Coastal Development Permit (Admin CDP), consistent with Chapter 30.91 and Chapter 30.75 of the Del Mar Municipal Code Exhibit A
12 December 4, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 2 OF 3
(DMMC). A portion of the permit fees may be waived for the Admin CDP as an incentive to create affordable housing for moderate-income or low-income households. 5) A building permit is required through the Building Division. The Applicant shall submit plans and a building permit application to begin the process. A portion of the building permit fees may be waived as an incentive to create affordable housing for moderate-income or low-income households.
6) Once the building permit is issued, the Applicant has five years to bring the ADU into compliance with Building Code Standards. The building permit standards related to timing for permit expiration identified in DMMC Section 23.50.030 shall be waived. 7) After the ADU has been brought into compliance with the California Building Code, and final building permit inspection has been completed on the building permit, if the Applicant agrees to rent the unit as a rent-restricted unit for moderate-income or lowincome households for a 30-year period, a deed restriction shall be recorded with the County of San Diego documenting the income-restrictions of the unit.

See Table 1 on next page
13 December 4, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 3 OF 3
Table 1: Fee Waivers/Concessions based on ADU Type
Above Moderate
(Market Rate)
Moderate-Income ADU Low-Income ADU
Code Enforcement Fees/Fines Partial waiver up to
$500 maximum
100% waiver applied 100% waiver
applied
Administrative Coastal
Development Fees
No waiver applied 50% waiver applied 100% waiver
applied
Building Permit Fees, including
Building Inspection
No waiver applied 50% waiver applied 100% waiver
applied
Deed Restriction Recordation Fee No waiver applied 50% waiver applied 100% waiver applied
ADU Incentive Program N/A N/A • Bonus JrADU
• 500 SF FAR bonus
towards non-ADU
development onsite
Additional Concessions No additional
concessions
• Accommodate existing ADU size that
exceeds allowed maximum ADU size
(attached or detached ADU)
• Accommodate ADU with existing height
greater than 16 feet
• Accommodate existing ADU size that
exceeds allowable FAR/lot coverage for the
lot
14 December 4, 2023 Item 10

FINES ISSUED
Del Mar Municipal Code 1.10.020 - Nature of Violations
A. Continuing Violations. Each separate day, or part thereof, during which a violation of this Code is committed, continued, maintained, permitted, or allowed, shall constitute a separate offense, punishable as such. A separate citation may be issued for each day a violation occurs.

1.10.030 - Issuance of Administrative Citation
C. Fines shall be assessed in the amounts specified for administrative penalties elsewhere in the Del Mar Municipal Code, by resolution of the Council, or as follows:

A fine not exceeding $100.00 for the first violation.

A fine not exceeding $200.00 for a second violation of the same ordinance, term, or condition.

A fine not exceeding $500.00 for a third violation of the same ordinance, term, or condition.

A fine not exceeding $1,000.00 for each additional violation after the third violation of the same ordinance, term, or condition.

D. A second or subsequent violation need only be of the same ordinance, term, or condition to require the larger fine, and need not involve the same personnel or property, provided that the same Responsible Person is cited. The fine amounts shall be cumulative where multiple citations are issued.

1.08.080 - Civil Penalties
Civil penalties for violations of the Del Mar Municipal Code are hereby established, to be applied through the Administrative Citation process set forth in the Del Mar Municipal Code Chapter 1.10. As an alternative to the Administrative Citation process, in any civil action filed by the City to enforce the provisions of this Code, the City may request the Court to impose civil penalties in the maximum amount may be imposed by that Chapter, or any other provision of law.

1.10.110 - Failure to Pay Fines
A. The failure of any person to pay the civil fines imposed by an administrative citation within the time specified on the citation may result in the filing of a claim. In the court action, the City may also recover its collection costs, including the cost of the hearing officer, and any court fees, according to proof.

B. In lieu of, or in addition to, the filing of a court action, the City may impose a Code Enforcement Lien on the real property upon which the violation occurs. Any lien imposed pursuant to this Chapter shall attach upon the recordation of a Notice of Code Enforcement Lien in the Office of the County Recorder.

Attachment B
15 December 4, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland
DATE: December 4, 2023
SUBJECT: Council Consideration to Censure Deputy Mayor Quirk for Failing to Provide Proper Disclosure and Transparency in Public Communications REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council consider adoption of a Resolution (Attachment A) censuring Deputy Mayor Dan Quirk for failing to provide proper disclosure and transparency in his public communications leading to confusion and perceived misrepresentation of City views and positions on important public topics and inappropriate use of public resources.

BACKGROUND:

During his time in office, Deputy Mayor Quirk has been counseled for failing to properly disclose whether or not he is speaking on behalf of himself or the City Council in his communications to the public. In failing to do so, the Deputy Mayor’s communications lack transparency and have led to confusion among members of the public, other elected officials, and representatives of outside agencies, most notably the North County Transit District and the San Diego Association of Governments. Members of the public have also raised this issue with Councilmember Quirk directly and with other City Councilmembers and staff.

As a result, City staff are frequently required to reach out to outside agency staff and their respective board(s), as well as the press, or respond to members of the public to clarify that Deputy Mayor Quirk was speaking on behalf of himself and not the City Council. This is an inappropriate use of City resources and takes time away from other important City priorities.

For additional context, it is a standard practice for Councilmembers to include a disclosure such as, “This message reflects my personal views and opinions which are mine alone and may not reflect the City’s official position….” making clear that their personal communications to the public are not official communications of the City of Del Mar or Del Mar City Council. This is also an expectation when doing press interviews or representing the City in an official capacity at public meetings or special events.

Failing to make clear when he is representing the City’s official position or his own views and opinions has also been an issue with Councilmember Quirk representing the City on outside agency boards, most notably the North County Transit District (NCTD), which required other 1 December 4, 2023 Item 11
City Council Agenda Report
Consideration to Censure Deputy Mayor Quirk
December 4, 2023

Councilmembers to attend meetings in his place and in 2023 he was not reappointed as the City’s NCTD representative by the City Council.

This issue has been discussed with the Deputy Mayor informally in a Brown Act compliant way and formally as part of publicly agendized City Council meetings on May 2, 2022 (Attachment B), and October 16, 2023 (Attachment C), and the City Council has taken action on occasion to “set the record straight” about a variety of positions following conflicting communications to the public by Councilmember Quirk, most notably regarding issues surrounding the rail line.

Despite actions by the Council to request that Deputy Mayor Quirk provide clear and transparent disclosure to the public regarding his views and opinions, the issue persists.

DISCUSSION/ANALYSIS:

The City Council has adopted a variety of policies that set expectations for Councilmembers including Council Policy 118 - Mayor/Deputy Mayor Duties & Responsibilities (Attachment D); Council Policy 202 – Responsibilities of Council Liaisons (Attachment E), and the CouncilManager Guiding Principles (Attachment F).

As a self-regulating legislative body, and when the Council wishes to express its opinion on the conduct of a Councilmember, it can do so with a range of responses from “off the record” informal counseling to a formal censure resolution, which may include penalties such as loss of committee assignments or other such measures that are within the Council’s authority. When no penalty is included, censure is essentially a formal reprimand and the expression of an opinion by a majority of the legislative body.

Based on the long-standing issue of Deputy Mayor Quirk not providing proper and transparent disclosure to the public regarding his communications, despite a series of requests from members of the public and public discussion and requests by the City Council, Councilmembers Druker and Gaasterland are recommending that the City Council take formal action to censure the Deputy Mayor, which may include penalties as determined by a majority of the City Council.

To be clear, this proposed censuring is not in any way an attempt to silence or censor Deputy Mayor Quirk. The Deputy Mayor and all members of the City Council, as well as the Council body as a whole, have First Amendment free speech rights. Councilmembers have a right and a responsibility to communicate their views and opinions to the public.

However, in doing so, it is critically important for Councilmembers to make clear when they are speaking as an individual Councilmember and not in an official capacity on behalf of the City of Del Mar or Del Mar City Council.

ATTACHMENTS:

Attachment A – Resolution to Censure Deputy Mayor Dan Quirk Attachment B – May 2, 2022 City Council Agenda Item
Attachment C – October 16, 2023 City Council Agenda Item Attachment D – Council Policy 118 – Mayor/Deputy Mayor Duties & Responsibilities Attachment E – Council Policy 202 – Responsibilities of Council Liaisons Attachment F – Council-Manager Guiding Principles
2 December 4, 2023 Item 11
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, CENSURING DEPUTY MAYOR DAN QUIRK

FOR FAILING TO PROVIDE PROPER DISCLOSURE AND

TRANSPARENCY IN PUBLIC COMMUNICATIONS AND FOR

INAPPROPRIATE USE OF PUBLIC RESOURCES
WHEREAS, Del Mar City Council Members are elected by the residents of Del Mar to represent the interests of the community at the local, regional, state, and the federal level; and
WHEREAS, the City Council has adopted various policies and procedures to establish the roles and responsibilities of Council representatives to outside boards and commissions, as well as the roles and responsibilities of City Council Members in general when speaking to the public, outside entities, or press; and WHEREAS, these policies include: City Council Policy 118 - Roles & Responsibilities of the Council Appointed Mayor and Deputy Mayor; City Council Policy 202 - Responsibilities of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies; and Del Mar City Council - City Manager Guiding Principles; and
WHEREAS, included in these policies is the requirement that City Council Members represent Del Mar to the outside agency, its staff, and to the public in conformance with the city’s goals, priorities, and objectives in a manner consistent with the city’s adopted policies, priorities, and/or with any direction from Council as a whole; and
WHEREAS, the Del Mar City Council respects each member’s first amendment right to free speech and simply asks each City Council Member to make clear when they are speaking as an individual Councilmember and not in an official capacity on behalf of the City of Del Mar or Del Mar City Council; and
WHEREAS, during his time in office, Deputy Mayor Quirk has been counseled in a Brown Act complaint manner for failing to properly disclose whether or not he is speaking on behalf of himself or the City Council in his communications to the public, which has required staff to frequently provide clarification to outside entities on the City’s official position and has resulted in an inappropriate use of City resources; and WHEREAS, specifically, this issue has been discussed with the Deputy Mayor as part of publicly agendized City Council meetings on May 2, 2022, and October 16, 2023; and
WHEREAS, despite requests from members of the public and actions by the Council requesting that Deputy Mayor Quirk provide clear and transparent disclosure to the public regarding his individual views and opinions, the issue persists; and 3 December 4, 2023 Item 11
Resolution No. 2023-__

WHEREAS, the City Council as a self-regulating body, may express its opinions on the conduct of a City Council Member, using a range of responses including a formal censure; and
WHEREAS, the City Council has publicly discussed this issue with Deputy Mayor Quirk for over 18 months and provided ample opportunity for corrective action to no avail and as such have determined that issuing a formal censure is appropriate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby censure Deputy Mayor Dan Quirk for failing to provide proper disclosure and transparency in his public communications leading to confusion and perceived misrepresentation of City views and positions on important public topics and inappropriate use of public resources.

NOW, BE IT FURTHER RESOLVED that the Del Mar City Council does hereby proclaim that should the issue continue the Council may take additional action to impose penalties as may be appropriate and within the authority of the City Council.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4
th day of December 2023.
_____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
4 December 4, 2023 Item 11
Resolution No. 2023-__

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 4
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 December 4, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland, San Diego Association of Governments (SANDAG) Board primary and alternate representatives, North County Transit District (NCTD) Board alternates, and City Council Legislative, Safe Rail Crossings and Long-Term Rail Relocation Subcommittee Members
DATE: May 2, 2022
SUBJECT: Council Discussion Regarding Expectations for Council Representatives to Outside Agencies and Del Mar City Council Official Position on Rail Issues REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to Council representatives to outside agencies; 2) Discuss the Council’s official majority position and recent Councilmember activities related to rail issues; and 3) Authorize Councilmembers Druker and Gaasterland to send a letter to the North County Transit District (NCTD) Board confirming the City’s official position with regard to safe crossings, rail relocation, and other significant rail related issues as may be appropriate.

DISCUSSION/ANALYSIS:

The Del Mar City Council majority has taken a position on a variety of rail related issues, most notably the need for safe crossings and support for relocation of the train tracks off the Del Mar Bluff to an inland route as identified in the San Diego Association of Governments (SANDAG) 2050 Regional Transportation Plan.

While there are times when an individual Councilmember does not agree with the Council majority position, it is imperative that during any public discussion in which a Councilmember is representing the City they disclose when their comments and opinions represent their own personal views rather than the official majority position of the City Council.

Following a recent presentation to the NCTD Board on April 21, 2022, by Councilmember Quirk (Attachment A) who serves as the NCTD Board representative for the City of Del Mar, the NCTD Executive Director reached out to the City to confirm whether or not the opinions expressed in the presentation represented the official position of the Del Mar City Council, which they did not.
6 December 4, 2023 Item 11
City Council Agenda Report
Expectations for City Council Representatives
May 2, 2022

The purpose of this agenda item is to remind all Councilmembers of the provisions of Council Policy 202, Section B (Attachment B), which provides direction regarding the responsibilities and expectations of Council representatives to outside agencies. In summary, Del Mar Council representatives to outside agencies are expected to represent the City in conformance with the City’s goals, priorities, and objectives and in a manner consistent with the City’s adopted policies and priorities, and with any direction provided by the Council as a whole. Further, the Policy requires that Council representatives to outside agencies advocate for the City’s positions.

Councilmembers Druker and Gaasterland would like to request that Councilmember Quirk provide clarification that his recent presentation to the NCTD Board represented his personal views and opinions and not the official position of the Del Mar City Council, and a commitment that this clarification will be provided as part of the comments and actual presentation materials for any future presentations to outside agencies. The Councilmembers are also seeking authority from the City Council to send a letter to the NCTD Board confirming the City’s official position with regard to safe crossings, relocation of the train tracks, and any other significant rail issues as may be appropriate.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in 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. No further action under CEQA is required.

ATTACHMENTS:

Attachment A – Presentation by Councilmember Quirk to NCTD Board, April 21, 2022 Attachment B – City Council Policy 202: Responsibilities/Expectations of Council Liaisons to City Advisory Committees and Council Representatives to Outside Agencies
7 December 4, 2023 Item 11
• Major concern is that ridership is
very low for all modes and in decline for many years prior to the covid plunge, remote work trends, and clean electric vehicle trends. • In particular, the low ridership for
the Coaster is a concern given the many billions of dollars in track projects being proposed and discussed by NCTD and SANDAG. • The Del Mar tunnel project, at $3.5 billion, would be the single largest and most expensive construction
project in the history of San Diego
County. The Miramar tunnel, at $3.5 billion, would also be a record . Addressing 9 miles of beach level
tracks in San Clemente could also
cost many billions.

ATTACHMENT A
8 December 4, 2023 Item 11
• Monthly one-way boardings in February 2022 were 38,831, or approximately 1,386 per day, about 500,000 per year. • This is down about 65% from the pre-pandemic daily average of 4,000 per day (1.4 million boardings for full year 2019). • In practice, for a 41-mile line, this translates to most trains that are mostly empty, easily visible to anyone who watches the windows of a train as it rolls by. • As of mid April, anecdotal physical observations of the trains still indicate very low utilization. • What are and will be the results of the Uber/Lyft ride-share subsidy program began August 2021? • What are and will be the results of the increased number of Coaster runs (nearly 50% increase) began in October 2021?
9 December 4, 2023 Item 11
10 December 4, 2023 Item 11
• Historically, Coaster riders (and intercity train riders generally) skewed heavily to office workers, who are shifting significantly to remote work or hybrid remote work trends.
• A Pew survey in January 2022 indicates that 61% of people working from home are doing so by choice. As such, much of the Coaster ridership decline from pre-pandemic levels is likely to be permanent, perhaps 40%, or 600,000 annual boardings.
• Many rail lines, including the Amtrak Surfliner, will also likely be significantly negatively impacted by remote work trends. 11 December 4, 2023 Item 11
• The completion of the Mid-Coast Extension for the Blue Line Trolley creates competition for the Coaster.

The trolley and the Coaster share similar routes from Sorrento Valley area to downtown San Diego except the trolley is faster, is more convenient, has more stops, has a more direct route, and much larger ridership. • Will this competition limit upside for the Coaster?
12 December 4, 2023 Item 11
• The rapid rise of clean electric vehicles will significantly address greenhouse gas and climate concerns. • California and many other states and countries have bans on internal combustion engine vehicles by 2035 and 2030. Global manufacturers are rapidly shifting production facilities. • Autonomous vehicle technology is likely to have a significant beneficial impact on transportation:
-door-to-door trips
-synched and coordinated vehicles on the roads, reducing congestion -ride-share vehicles evolving into a personalized mass transit system -freight movement on the roads during night and non-peak hours leading to large volume increases • Autonomous technology isn’t ready today, but significant advances are occurring. Is it reasonable to assume it will be commercially viable by 2030? Perhaps 2040? • What will annual Coaster ridership be in 2040?4,000 daily? 1.4 million annual? • Does the Coaster have a meaningful future after the arrival of electric autonomous vehicles and trucks? 13 December 4, 2023 Item 11
• Del Mar tunnel - $3.5 billion (and 10+ years)
• Miramar tunnel - $3.5 billion (and 15+ years)
• Carlsbad trench - $400 million
• San Dieguito double track & platform - $220 million
• La Costa double track – $120 million
• Batiquitos double track and bridge- $104 million
• Addressing 9 miles of track in San Clemente along beach vulnerable to sea level rise - $10 billion? • Sorrento-Miramar double track- $228 million
• Eastbrook-Shell double track, bridge- $85 million
• Coaster locomotives & cars- $96 million
• Projects south of Santa Fe Station - $700 million
• Substantial non-financial impact costs
14 December 4, 2023 Item 11
• Voice of San Diego described the Mid Coast trolley project as “wildly expensive” on a per rider basis when it was $2.1 billion spent for forecasted 35,000 riders. • For the Coaster, the NCTD board is looking at supporting or approving spending plans of billions for a realistic maximum of only 4,000 daily 1-way boardings, which translates to mostly empty trains operating at very low capacity levels. There are significant non-financial impact costs as well. • Is it better for the NCTD and SANDAG to start focusing on a future that is likely to be dominated by electric and autonomous vehicles and the substantial opportunities these technologies present to achieve green, efficient, desirable, and equitable mobility and freight solutions? Future agenda item? 15 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 1 OF
4 POLICY:

The following guidelines are to assist City Council members in performing their duties as liaisons to City advisory committees, ad hoc committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. CITY ADVISORY COMMITTEES

1. Council Liaison Primary Responsibilities
a) Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the City’s goal is to have at least two qualified applicants for each position. b) Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c) Assist Committee Chairs with the following:
i. How to run a meeting.
ii. How to accommodate public testimony and input.
iii. How to work with the committee’s staff liaison to prepare agendas, including review of draft agendas with the Chair and staff liaison (A sample agenda is attached to use as a template);
iv. Clarify the process for committee members and the public to get something on the committee agenda.
v. Ensure that the committee stays on task.
vi. Determining when City staff should, and should not, be asked for assistance. Generally, simple requests for information from staff can be made directly by the Chair or committee members while requests for staff work should go through the Council liaison(s) who can carry them to the City Manager and staff for response.
vii. Establishing goals and a work plan for the committee at the beginning of each year in conjunction with the City’s budget and goal setting process.
d) Inform and assist the committee as a whole including:
i. Understanding the City’s system of advisory committees including:

1. Understanding the role of a committee member.

ATTACHMENT B
16 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 2 OF
4 2. Understanding the scope of the committee’s charge.

3. Understanding the relationship between the committee, Council, public, and City staff.

4. Understanding any budgetary constraints applicable to the committee’s work.
e) Ensures the committee stays on task and within the scope of its charter and mission, adopted Council goals, and any direction provided by Council. f) Ensures the committee understands its role is advisory only. g) Assist the committee in completing its advisory recommendations to Council in a timely manner.
h) Effectively communicates committee advisory recommendations to Council. i) Facilitates in transition to a successor Council liaison when there is change. j) Where appropriate, advocates for committee recommendations. k) Ensuring that meetings are welcoming and that the Code of Civil Discourse is followed.

2. Reporting
a) To the Committee. The Council liaison(s) should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b) To the Council, Staff, and Public. The Council liaison(s) should give a report, in public session, at Council meetings covering:
i. Updates on the committee’s work;
ii. Identify, and discuss as may be appropriate, any difficulties the committee is experiencing and provide recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
17 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 3 OF
4 iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

3. Attendance
a) Council Liaison Attendance. It shall be the policy of the City Council that Council liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee Chair and each other, may determine whether one, both, or neither of the committee Council liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not to require that a Council liaison be in attendance in order for that committee to meet.
b) Committee Member Attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the City Clerk and the City staff liaison for the committee when a committee member has three or more absences without cause within a 12-month period. Examples of absences for cause include but are not limited to injury or illness of the member or their immediate family member, family obligations, and observance of religious holidays.

B. COUNCIL APPOINTED REPRESENTATIVES TO OUTSIDE AGENCIES

1. Responsibilities
a) Represents Del Mar to the outside agency, its staff, and to the public in conformance with the City’s goals, priorities, and objectives in a manner consistent with the City’s adopted policies and priorities and with any direction from Council as a whole.
b) Attends meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate when the primary Council member or appointee is unable to attend. c) Diligent in reviewing agenda materials and preparing for meetings. 18 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 4 OF
4 d) Speaks up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

2. Reporting
The Council representative or appointee should report to the Council, staff, and public at Council meetings as follows:
a) When appropriate, a summary of the outside agency’s significant activities since the prior report.
b) Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c) Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d) On any outside agency committee or subcommittee changes affecting Del Mar. e) In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to coordinate a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a) Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b) Work with the Mayor and City Manager to put the presentation on a Council meeting agenda; and
c) Work with the outside agency to assist them in preparing their presentation. 19 December 4, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Terry Gaasterland and Dave Druker, San Diego Association of Governments (SANDAG) Board Primary and Alternate Representatives DATE: October 16, 2023
SUBJECT: Council Discussion Regarding Expectations for Councilmember Communications Related to Public Expression of Personal Views REQUESTED ACTION/RECOMMENDATION:

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 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.

DISCUSSION/ANALYSIS:

On September 5, 2023, the Del Mar City Council unanimously adopted a resolution supporting and encouraging SANDAG’s plan to undertake a robust public outreach and engagement process for the LOSSAN Rail Realignment Project (Attachment A). At this time, that is the only official position that the City has taken with regard to the project. The City has not taken a position in support of any particular realignment alternative, nor is the City of Del Mar City Council advocating for the discontinuation of the train.

While there are times when an individual Councilmember does not agree with the Council majority position or wants to advocate for their own personal views and opinions, it is imperative that in any written or oral communications with the public that a Councilmember disclose when their comments and opinions represent their own personal views rather than the official majority position of the City Council. This is also specifically included in the recently adopted Council Policy 118, as part of the duties and responsibilities for the Mayor and Deputy Mayor (Attachment B).

Over the last few months in particular, Deputy Mayor Quirk has distributed a series of communications to the public and has been interviewed by the press related to the train. In these public communications, the Deputy Mayor expressed his personal views and opinions in advocating for the discontinuation of the train and making allegations of fraud and illegal 20 December 4, 2023 Item 11
City Council Agenda Report
Expectations for Public Communications
October 16, 2023

activity against SANDAG, and he did not make clear in any way that he was representing his own personal views and not those of the Del Mar City Council. On October 4, Deputy Mayor Quirk was interviewed by KUSI, and he used his official City background. This background includes the City’s officially licensed logo and identifies him as a Del Mar City Councilmember.

This is not an authorized use of the City’s official branding or remote background, which was provided to City Councilmembers for official City business use only. The media interview was not in any way related to official City business, which can be accessed here:
https://www.newsbreak.com/news/3181482728037-del-mar-city-councilmember-dan-quirkshares-insights-on-sandags-tunneling-workshop-for-lossan-railrealignment?noAds=1&_f=app_share&s=i3.

This behavior by the Deputy Mayor has required City staff to reach out to SANDAG staff and their Board, as well as the press, on several occasions to clarify that Deputy Mayor Quirk was speaking on behalf of himself and not the City Council. This takes time and resources away from other City priorities, and creates confusion for the public and outside agencies. This is not the first time that this issue has been brought to Deputy Mayor Quirk’s attention. This issue has been discussed with him both informally and formally on several occasions, including a similar City Council agenda item on May 2, 2022 (Attachment C).

While all Councilmembers have the right to express their personal views and opinions to the public, it is important that they do so in a clear and transparent way ensuring that the public understands when they are not representing the official position of the City. Councilmembers Druker and Gaasterland are requesting that Deputy Mayor Quirk provide clarification that his public communications regarding the train represent his personal views and opinions and not the official position of the Del Mar City Council, and are seeking his commitment that he will make this clear in all of his public communications moving forward.

The Councilmembers are also seeking authority from the City Council to send a letter to the SANDAG Board confirming that the City has not taken an official position on an alignment alternative for the LOSSAN 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.

ATTACHMENTS:

Attachment A – Resolution in Support of SANDAG Public Outreach/Engagement Process Attachment B – Council Policy 118 – Mayor/Deputy Mayor Duties & Responsibilities Attachment C – May 2, 2022 City Council Agenda Item
21 December 4, 2023 Item 11
22 December 4, 2023 Item 11
23 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 1 OF 3
I. PURPOSE:

The City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council. The purpose of this policy is to outline the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor and Deputy Mayor in performing their duties.

II. POLICY:

A. MAYOR’S DUTIES:

The Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights as the rest of the Council in their capacity as Councilmembers. In addition to said Councilmember functions, authority and duties, the Mayor shall have the responsibilities of:
1) Serving as the presiding officer of the City Council in accordance with the Del Mar Municipal Code (DMMC) Chapter 2.20.020, and in doing so ensuring equal opportunity for participation among the Council and members of the public, as well as ensuring decorum by members of the Council and public consistent with the City’s adopted Code of Civil Discourse and Council Policy. 2) Working with the City Manager and City Clerk on the planning and management of regular City Council meeting agendas consistent with Council Policies 300 and 301.
3) Being the official head of the City for all political and ceremonial purposes and in the name and on behalf of the City, unless the City Council has designated another Councilmember to do so.
4) Representing only the City of Del Mar’s official Council-approved position at any public forum, meeting with elected officials, or when being interviewed by the press on behalf of the City, regardless of the Mayor’s personal views. 5) Regularly report out and keeping the Council informed as to their activities as Mayor on behalf of the City as part of the regularly agendized City Council reports at City Council meetings.
6) Notifying the Deputy Mayor and City Manager when unable to represent the City as requested by the City or outside parties to ensure that the City is properly represented at outside meetings, functions and other engagements. 7) Signing all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council.
8) Representing the City in any and all matters involving other governmental agencies, unless another Councilmember has been designated to do so by the City Council, and provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.
24 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 2 OF 3
9) Performing such other duties consistent with the office as may be prescribed by this policy or delegated to or imposed on the Mayor by the City Council if not inconsistent with the provisions of this policy.

B. DEPUTY MAYOR’S DUTIES
The Deputy Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights of a duly elected Councilmember. In the Mayor’s absence, the Deputy Mayor shall serve as the presiding officer of the City Council and will fulfill the mayoral duties described in this policy, as needed.

C. EXPECTATIONS OF THE MAYOR AND DEPUTY MAYOR
It is the expectation of the City Council that the Mayor and Deputy Mayor, in the absence of the Mayor, be available to perform the duties outlined in this policy as well as duties set forth in DMMC Chapter 2.20.020 and other applicable City Council policies. Additionally, it is the expectation of the City Council that the Mayor and Deputy Mayor comply with the Del Mar City Council and City Manager Guiding Principles when performing mayoral duties.

D. CONSIDERATION OF THIS POLICY WHEN APPOINTING MAYOR AND DEPUTY MAYOR
In accordance with DMMC Chapter 2.20 - City Council, the City Council will select a Mayor and a Deputy Mayor annually at the first meeting in December. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor (DMMC

2.20.020(B)).

Additionally, as outlined in City Council Policy 100- Selection of the Mayor and Deputy Mayor, it has been the tradition of the City Council to place the top two vote getters in any election into a queue to rotate into the position of Mayor and Deputy Mayor, but it is not required that the City Council do so. Policy 100 states further that should any City Council member not be available to take their place in the traditional rotation, the next person in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable.

In accordance with this policy and Policy 100, the City Council will take into consideration the availability and willingness of its members to perform the duties and responsibilities of the Mayor and Deputy Mayor when voting on appointments to these important roles.

E. CHANGE OF THE MAYOR AND DEPUTY MAYOR
Once appointed, if the Mayor or Deputy Mayor fail to meet the expectations of the City Council as identified in this Policy, in accordance with City Council Policy 301- Request by Members of the City Council to Place an Item on a City Council Agenda, two City Council members may place an item on the City Council agenda for the Council to consider 25 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 3 OF 3
changing the Mayor and/or Deputy Mayor. Three affirmative votes shall be needed to change the Mayor and/or Deputy Mayor.

F. RELATED REGULATIONS & POLICIES
DMMC Chapter 2.20.020- Presiding Officer states that the City Council shall appoint a Mayor and Deputy Mayor at the first City Council meeting in December by three affirmative votes; establishes a one-year term for the Mayor; and designates the Mayor, or in the Mayor’s absence, the Deputy Mayor, as the presiding officer of the City Council. In addition, the City Council has adopted various City Council policies included in the City Council Policy Book that include additional duties and responsibilities of the Mayor and Deputy Mayor for specific functions such as proclamation and managing public oral communications at City Council meetings. The Del Mar City Council and City Manager Guiding Principles also applies to the Mayor and Deputy Mayor in their capacity as members of the City Council and when performing their mayoral duties. 26 December 4, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland, San Diego Association of Governments (SANDAG) Board primary and alternate representatives, North County Transit District (NCTD) Board alternates, and City Council Legislative, Safe Rail Crossings and Long-Term Rail Relocation Subcommittee Members
DATE: May 2, 2022
SUBJECT: Council Discussion Regarding Expectations for Council Representatives to Outside Agencies and Del Mar City Council Official Position on Rail Issues REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to Council representatives to outside agencies; 2) Discuss the Council’s official majority position and recent Councilmember activities related to rail issues; and 3) Authorize Councilmembers Druker and Gaasterland to send a letter to the North County Transit District (NCTD) Board confirming the City’s official position with regard to safe crossings, rail relocation, and other significant rail related issues as may be appropriate.

DISCUSSION/ANALYSIS:

The Del Mar City Council majority has taken a position on a variety of rail related issues, most notably the need for safe crossings and support for relocation of the train tracks off the Del Mar Bluff to an inland route as identified in the San Diego Association of Governments (SANDAG) 2050 Regional Transportation Plan.

While there are times when an individual Councilmember does not agree with the Council majority position, it is imperative that during any public discussion in which a Councilmember is representing the City they disclose when their comments and opinions represent their own personal views rather than the official majority position of the City Council.

Following a recent presentation to the NCTD Board on April 21, 2022, by Councilmember Quirk (Attachment A) who serves as the NCTD Board representative for the City of Del Mar, the NCTD Executive Director reached out to the City to confirm whether or not the opinions expressed in the presentation represented the official position of the Del Mar City Council, which they did not.
27 December 4, 2023 Item 11
City Council Agenda Report
Expectations for City Council Representatives
May 2, 2022

The purpose of this agenda item is to remind all Councilmembers of the provisions of Council Policy 202, Section B (Attachment B), which provides direction regarding the responsibilities and expectations of Council representatives to outside agencies. In summary, Del Mar Council representatives to outside agencies are expected to represent the City in conformance with the City’s goals, priorities, and objectives and in a manner consistent with the City’s adopted policies and priorities, and with any direction provided by the Council as a whole. Further, the Policy requires that Council representatives to outside agencies advocate for the City’s positions.

Councilmembers Druker and Gaasterland would like to request that Councilmember Quirk provide clarification that his recent presentation to the NCTD Board represented his personal views and opinions and not the official position of the Del Mar City Council, and a commitment that this clarification will be provided as part of the comments and actual presentation materials for any future presentations to outside agencies. The Councilmembers are also seeking authority from the City Council to send a letter to the NCTD Board confirming the City’s official position with regard to safe crossings, relocation of the train tracks, and any other significant rail issues as may be appropriate.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in 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. No further action under CEQA is required.

ATTACHMENTS:

Attachment A – Presentation by Councilmember Quirk to NCTD Board, April 21, 2022 Attachment B – City Council Policy 202: Responsibilities/Expectations of Council Liaisons to City Advisory Committees and Council Representatives to Outside Agencies
28 December 4, 2023 Item 11
• Major concern is that ridership is
very low for all modes and in decline for many years prior to the covid plunge, remote work trends, and clean electric vehicle trends. • In particular, the low ridership for
the Coaster is a concern given the many billions of dollars in track projects being proposed and discussed by NCTD and SANDAG. • The Del Mar tunnel project, at $3.5 billion, would be the single largest and most expensive construction
project in the history of San Diego
County. The Miramar tunnel, at $3.5 billion, would also be a record . Addressing 9 miles of beach level
tracks in San Clemente could also
cost many billions.

ATTACHMENT A
29 December 4, 2023 Item 11
• Monthly one-way boardings in February 2022 were 38,831, or approximately 1,386 per day, about 500,000 per year. • This is down about 65% from the pre-pandemic daily average of 4,000 per day (1.4 million boardings for full year 2019). • In practice, for a 41-mile line, this translates to most trains that are mostly empty, easily visible to anyone who watches the windows of a train as it rolls by. • As of mid April, anecdotal physical observations of the trains still indicate very low utilization. • What are and will be the results of the Uber/Lyft ride-share subsidy program began August 2021? • What are and will be the results of the increased number of Coaster runs (nearly 50% increase) began in October 2021?
30 December 4, 2023 Item 11
31 December 4, 2023 Item 11
• Historically, Coaster riders (and intercity train riders generally) skewed heavily to office workers, who are shifting significantly to remote work or hybrid remote work trends.
• A Pew survey in January 2022 indicates that 61% of people working from home are doing so by choice. As such, much of the Coaster ridership decline from pre-pandemic levels is likely to be permanent, perhaps 40%, or 600,000 annual boardings.
• Many rail lines, including the Amtrak Surfliner, will also likely be significantly negatively impacted by remote work trends. 32 December 4, 2023 Item 11
• The completion of the Mid-Coast Extension for the Blue Line Trolley creates competition for the Coaster.

The trolley and the Coaster share similar routes from Sorrento Valley area to downtown San Diego except the trolley is faster, is more convenient, has more stops, has a more direct route, and much larger ridership. • Will this competition limit upside for the Coaster?
33 December 4, 2023 Item 11
• The rapid rise of clean electric vehicles will significantly address greenhouse gas and climate concerns. • California and many other states and countries have bans on internal combustion engine vehicles by 2035 and 2030. Global manufacturers are rapidly shifting production facilities. • Autonomous vehicle technology is likely to have a significant beneficial impact on transportation:
-door-to-door trips
-synched and coordinated vehicles on the roads, reducing congestion -ride-share vehicles evolving into a personalized mass transit system -freight movement on the roads during night and non-peak hours leading to large volume increases • Autonomous technology isn’t ready today, but significant advances are occurring. Is it reasonable to assume it will be commercially viable by 2030? Perhaps 2040? • What will annual Coaster ridership be in 2040?4,000 daily? 1.4 million annual? • Does the Coaster have a meaningful future after the arrival of electric autonomous vehicles and trucks? 34 December 4, 2023 Item 11
• Del Mar tunnel - $3.5 billion (and 10+ years)
• Miramar tunnel - $3.5 billion (and 15+ years)
• Carlsbad trench - $400 million
• San Dieguito double track & platform - $220 million
• La Costa double track – $120 million
• Batiquitos double track and bridge- $104 million
• Addressing 9 miles of track in San Clemente along beach vulnerable to sea level rise - $10 billion? • Sorrento-Miramar double track- $228 million
• Eastbrook-Shell double track, bridge- $85 million
• Coaster locomotives & cars- $96 million
• Projects south of Santa Fe Station - $700 million
• Substantial non-financial impact costs
35 December 4, 2023 Item 11
• Voice of San Diego described the Mid Coast trolley project as “wildly expensive” on a per rider basis when it was $2.1 billion spent for forecasted 35,000 riders. • For the Coaster, the NCTD board is looking at supporting or approving spending plans of billions for a realistic maximum of only 4,000 daily 1-way boardings, which translates to mostly empty trains operating at very low capacity levels. There are significant non-financial impact costs as well. • Is it better for the NCTD and SANDAG to start focusing on a future that is likely to be dominated by electric and autonomous vehicles and the substantial opportunities these technologies present to achieve green, efficient, desirable, and equitable mobility and freight solutions? Future agenda item? 36 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 1 OF
4 POLICY:

The following guidelines are to assist City Council members in performing their duties as liaisons to City advisory committees, ad hoc committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. CITY ADVISORY COMMITTEES

1. Council Liaison Primary Responsibilities
a) Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the City’s goal is to have at least two qualified applicants for each position. b) Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c) Assist Committee Chairs with the following:
i. How to run a meeting.
ii. How to accommodate public testimony and input.
iii. How to work with the committee’s staff liaison to prepare agendas, including review of draft agendas with the Chair and staff liaison (A sample agenda is attached to use as a template);
iv. Clarify the process for committee members and the public to get something on the committee agenda.
v. Ensure that the committee stays on task.
vi. Determining when City staff should, and should not, be asked for assistance. Generally, simple requests for information from staff can be made directly by the Chair or committee members while requests for staff work should go through the Council liaison(s) who can carry them to the City Manager and staff for response.
vii. Establishing goals and a work plan for the committee at the beginning of each year in conjunction with the City’s budget and goal setting process.
d) Inform and assist the committee as a whole including:
i. Understanding the City’s system of advisory committees including:

1. Understanding the role of a committee member.

ATTACHMENT B
37 December 4, 2023 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 2 OF
4 2. Understanding the scope of the committee’s charge.

3. Understanding the relationship between the committee, Council, public, and City staff.

4. Understanding any budgetary constraints applicable to the committee’s work.
e) Ensures the committee stays on task and within the scope of its charter and mission, adopted Council goals, and any direction provided by Council. f) Ensures the committee understands its role is advisory only. g) Assist the committee in completing its advisory recommendations to Council in a timely manner.
h) Effectively communicates committee advisory recommendations to Council. i) Facilitates in transition to a successor Council liaison when there is change. j) Where appropriate, advocates for committee recommendations. k) Ensuring that meetings are welcoming and that the Code of Civil Discourse is followed.

2. Reporting
a) To the Committee. The Council liaison(s) should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b) To the Council, Staff, and Public. The Council liaison(s) should give a report, in public session, at Council meetings covering:
i. Updates on the committee’s work;
ii. Identify, and discuss as may be appropriate, any difficulties the committee is experiencing and provide recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
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BY RESOLUTION: 2022-07
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4 iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

3. Attendance
a) Council Liaison Attendance. It shall be the policy of the City Council that Council liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee Chair and each other, may determine whether one, both, or neither of the committee Council liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not to require that a Council liaison be in attendance in order for that committee to meet.
b) Committee Member Attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the City Clerk and the City staff liaison for the committee when a committee member has three or more absences without cause within a 12-month period. Examples of absences for cause include but are not limited to injury or illness of the member or their immediate family member, family obligations, and observance of religious holidays.

B. COUNCIL APPOINTED REPRESENTATIVES TO OUTSIDE AGENCIES

1. Responsibilities
a) Represents Del Mar to the outside agency, its staff, and to the public in conformance with the City’s goals, priorities, and objectives in a manner consistent with the City’s adopted policies and priorities and with any direction from Council as a whole.
b) Attends meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate when the primary Council member or appointee is unable to attend. c) Diligent in reviewing agenda materials and preparing for meetings. 39 December 4, 2023 Item 11

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4 d) Speaks up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

2. Reporting
The Council representative or appointee should report to the Council, staff, and public at Council meetings as follows:
a) When appropriate, a summary of the outside agency’s significant activities since the prior report.
b) Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c) Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d) On any outside agency committee or subcommittee changes affecting Del Mar. e) In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to coordinate a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a) Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b) Work with the Mayor and City Manager to put the presentation on a Council meeting agenda; and
c) Work with the outside agency to assist them in preparing their presentation. 40 December 4, 2023 Item 11

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CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
PAGES: PAGE 1 OF 3
I. PURPOSE:

The City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council. The purpose of this policy is to outline the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor and Deputy Mayor in performing their duties.

II. POLICY:

A. MAYOR’S DUTIES:

The Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights as the rest of the Council in their capacity as Councilmembers. In addition to said Councilmember functions, authority and duties, the Mayor shall have the responsibilities of:
1) Serving as the presiding officer of the City Council in accordance with the Del Mar Municipal Code (DMMC) Chapter 2.20.020, and in doing so ensuring decorum by members of the Council and public consistent with the City’s adopted Code of Civil Discourse and Council Policy.
2) Working with the City Manager and City Clerk on the planning and management of regular City Council meeting agendas consistent with Council Policies 300 and 301.
3) Being the official head of the City for all political and ceremonial purposes and in the name and on behalf of the City, unless the City Council has designated another Councilmember to do so.
4) Representing only the City of Del Mar’s official Council-approved position at any public forum, meeting with elected officials, or when being interviewed by the press on behalf of the City, regardless of the Mayor’s personal views. 5) Regularly report out and keeping the Council informed as to their activities as Mayor on behalf of the City as part of the regularly agendized City Council reports at City Council meetings.
6) Notifying the Deputy Mayor and City Manager when unable to represent the City as requested by the City or outside parties to ensure that the City is properly represented at outside meetings, functions and other engagements. 7) Signing all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council.
8) Representing the City in any and all matters involving other governmental agencies, unless another Councilmember has been designated to do so by the City Council, and provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.

EXHIBIT A TO ATTACHMENT A
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118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
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9) Performing such other duties consistent with the office as may be prescribed by this policy or delegated to or imposed on the Mayor by the City Council if not inconsistent with the provisions of this policy.

B. DEPUTY MAYOR’S DUTIES
The Deputy Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights of a duly elected Councilmember. In the Mayor’s absence, the Deputy Mayor shall serve as the presiding officer of the City Council and will fulfill the mayoral duties described in this policy, as needed.

C. EXPECTATIONS OF THE MAYOR AND DEPUTY MAYOR
It is the expectation of the City Council that the Mayor and Deputy Mayor, in the absence of the Mayor, be available to perform the duties outlined in this policy as well as duties set forth in DMMC Chapter 2.20.020 and other applicable City Council policies. Additionally, it is the expectation of the City Council that the Mayor and Deputy Mayor comply with the Del Mar City Council and City Manager Guiding Principles when performing mayoral duties.

D. CONSIDERATION OF THIS POLICY WHEN APPOINTING MAYOR AND DEPUTY MAYOR
In accordance with DMMC Chapter 2.20 - City Council, the City Council will select a Mayor and a Deputy Mayor annually at the first meeting in December. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor (DMMC

2.20.020(B)).

Additionally, as outlined in City Council Policy 100- Selection of the Mayor and Deputy Mayor, it has been the tradition of the City Council to place the top two vote getters in any election into a queue to rotate into the position of Mayor and Deputy Mayor, but it is not required that the City Council do so. Policy 100 states further that should any City Council member not be available to take their place in the traditional rotation, the next person in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable.

In accordance with this policy and Policy 100, the City Council will take into consideration the availability and willingness of its members to perform the duties and responsibilities of the Mayor and Deputy Mayor when voting on appointments to these important roles.

E. CHANGE OF THE MAYOR AND DEPUTY MAYOR
Once appointed, if the Mayor or Deputy Mayor fail to meet the expectations of the City Council as identified in this Policy, in accordance with City Council Policy 301- Request by Members of the City Council to Place an Item on a City Council Agenda, two City Council members may place an item on the City Council agenda for the Council to consider 42 December 4, 2023 Item 11

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118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
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changing the Mayor and/or Deputy Mayor. Three affirmative votes shall be needed to change the Mayor and/or Deputy Mayor.

F. RELATED REGULATIONS & POLICIES
DMMC Chapter 2.20.020- Presiding Officer states that the City Council shall appoint a Mayor and Deputy Mayor at the first City Council meeting in December by three affirmative votes; establishes a one-year term for the Mayor; and designates the Mayor, or in the Mayor’s absence, the Deputy Mayor, as the presiding officer of the City Council. In addition, the City Council has adopted various City Council policies included in the City Council Policy Book that include additional duties and responsibilities of the Mayor and Deputy Mayor for specific functions such as proclamation and managing public oral communications at City Council meetings. The Del Mar City Council and City Manager Guiding Principles also applies to the Mayor and Deputy Mayor in their capacity as members of the City Council and when performing their mayoral duties. 43 December 4, 2023 Item 11

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DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
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4 POLICY:

The following guidelines are to assist City Council members in performing their duties as liaisons to City advisory committees, ad hoc committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. CITY ADVISORY COMMITTEES

1. Council Liaison Primary Responsibilities
a) Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the City’s goal is to have at least two qualified applicants for each position. b) Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c) Assist Committee Chairs with the following:
i. How to run a meeting.
ii. How to accommodate public testimony and input.
iii. How to work with the committee’s staff liaison to prepare agendas, including review of draft agendas with the Chair and staff liaison (A sample agenda is attached to use as a template);
iv. Clarify the process for committee members and the public to get something on the committee agenda.
v. Ensure that the committee stays on task.
vi. Determining when City staff should, and should not, be asked for assistance. Generally, simple requests for information from staff can be made directly by the Chair or committee members while requests for staff work should go through the Council liaison(s) who can carry them to the City Manager and staff for response.
vii. Establishing goals and a work plan for the committee at the beginning of each year in conjunction with the City’s budget and goal setting process.
d) Inform and assist the committee as a whole including:
i. Understanding the City’s system of advisory committees including:

1. Understanding the role of a committee member.
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4 2. Understanding the scope of the committee’s charge.

3. Understanding the relationship between the committee, Council, public, and City staff.

4. Understanding any budgetary constraints applicable to the committee’s work.
e) Ensures the committee stays on task and within the scope of its charter and mission, adopted Council goals, and any direction provided by Council. f) Ensures the committee understands its role is advisory only. g) Assist the committee in completing its advisory recommendations to Council in a timely manner.
h) Effectively communicates committee advisory recommendations to Council. i) Facilitates in transition to a successor Council liaison when there is change. j) Where appropriate, advocates for committee recommendations. k) Ensuring that meetings are welcoming and that the Code of Civil Discourse is followed.

2. Reporting
a) To the Committee. The Council liaison(s) should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b) To the Council, Staff, and Public. The Council liaison(s) should give a report, in public session, at Council meetings covering:
i. Updates on the committee’s work;
ii. Identify, and discuss as may be appropriate, any difficulties the committee is experiencing and provide recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
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DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
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4 iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

3. Attendance
a) Council Liaison Attendance. It shall be the policy of the City Council that Council liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee Chair and each other, may determine whether one, both, or neither of the committee Council liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not to require that a Council liaison be in attendance in order for that committee to meet.
b) Committee Member Attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the City Clerk and the City staff liaison for the committee when a committee member has three or more absences without cause within a 12-month period. Examples of absences for cause include but are not limited to injury or illness of the member or their immediate family member, family obligations, and observance of religious holidays.

B. COUNCIL APPOINTED REPRESENTATIVES TO OUTSIDE AGENCIES

1. Responsibilities
a) Represents Del Mar to the outside agency, its staff, and to the public in conformance with the City’s goals, priorities, and objectives in a manner consistent with the City’s adopted policies and priorities and with any direction from Council as a whole.
b) Attends meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate when the primary Council member or appointee is unable to attend. c) Diligent in reviewing agenda materials and preparing for meetings. 46 December 4, 2023 Item 11

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4 d) Speaks up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

2. Reporting
The Council representative or appointee should report to the Council, staff, and public at Council meetings as follows:
a) When appropriate, a summary of the outside agency’s significant activities since the prior report.
b) Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c) Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d) On any outside agency committee or subcommittee changes affecting Del Mar. e) In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to coordinate a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a) Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b) Work with the Mayor and City Manager to put the presentation on a Council meeting agenda; and
c) Work with the outside agency to assist them in preparing their presentation. 47 December 4, 2023 Item 11

DEL MAR CITY COUNCIL AND CITY MANAGER

GUIDING PRINCIPLES
Under California law, the Council-Manager form of City government followed in Del Mar requires elected Councilmembers and the City Manager to understand and adhere to their respective roles. These roles are defined by the general law of California, Del Mar Municipal Code1, and City Manager’s employment contract. Generally, the Council’s role is to set policy much as does a board of directors of a corporation and not to engage in day to day activities or to direct City staff. The Manager’s role is to implement the policy set by the Council and oversee the day-to-day operations of the City. The City Manager and City Attorney work for and are hired and fired by the City Council. All other City employees work for, are hired and fired by, and take direction from the City Manager, not the City Council.

To make the best use of City resources, to be effective and efficient, to adhere to their respective roles, and to foster working as a team, the Council and City Manager agree to the following guiding principles to carry out their respective roles. These guiding principles are intended to compliment the requirements imposed by state law, Del Mar Municipal Code, and the Manager’s employment contract.

COUNCIL AND CITY MANAGER INTERACTIONS
Councilmembers will:
• Copy the City Manager on their communications (emails, texts, etc.) to City staff regarding City business.
• Limit direct contacts with City staff (other than the Manager or City Attorney) regarding matters of City business to requests for information, except as authorized by the City Manager.
• Not give direction or assign work to City staff on their own.

The City Manager will:
• In conformance with the Ralph M. Brown Act, share information equally with all five Councilmembers except where a Councilmember’s conflict of interest prevents sharing. • Promptly respond to all Councilmember requests for information. • Keep the City Councilmembers equally informed on pending matters of importance. 1 See, generally, Cal. Const. art. XI, § 5(b); Cal Gov’t Code Section 36501; and DMMC Chapter 2.20 (City Council) and Chapter 2.24 (City Manager Manager.) The city manager’s role is further defined by employment contract. 48 December 4, 2023 Item 11
Del Mar Guiding Principles
Pg. 2 of 3

REPRESENTING CITY POSTIONS TO OUTSIDE PARTIES
With respect to matters of substantive City business, Councilmembers and the City Manager will:
• Follow Council Policy 202, Section B (Attachment A) regarding their representation of the City to outside agencies, boards, commissions, committees, and subcommittees. • If it is not clear what the adopted City position is on an issue, Councilmembers and the Manager shall so state and as needed may bring the matter to Council for clarification before stating a City position.

COUNCIL CONTACT WITH OUTSIDE AGENCIES
Council Contact with Outside Boards, Commissions, and Committees Councilmembers may contact an outside agency on which the Councilmember serves as a primary or alternate representative of the City, or as a liaison, at any time and as-needed, on matters related to their representation. However, Councilmembers are encouraged to keep the City Manager informed of matters of importance related to City business so that information can be shared with the full Council.

Council Contact with Other Elected Officials
Councilmembers may contact their peers (elected and appointed officials) on matters of City business but are encouraged to keep the City Manager informed of such contacts so that relevant information can be shared with the full Council.

On matters of non-City legislation related to City affairs, Councilmembers are encouraged to refer proposed contacts with federal, state, and local elected officials to the Council’s Legislative Subcommittee with a copy to the City Manager so the Subcommittee and Manager can keep the full Council informed.

Council Contact with Staff Members at Outside Agencies
Except for a Councilmember’s representation on outside Boards, Commission, and Committee’s and discussions with staff members of those agencies specific to that representation, contacts with staff from outside agencies should primarily occur at the staff level initiated by City staff, not the City’s elected officials. This is the normal practice and expectation for agency-to-agency communications and it causes concern and confusion for other agencies and City staff when not adhered to. As occasions arise when it would be appropriate for members of the Council (i.e., Council liaisons for specific topics) to participate in staff level meetings or discussions with outside agencies, this will be facilitated by the City Manager or City staff. It is expected that 49 December 4, 2023 Item 11
Del Mar Guiding Principles
Pg. 3 of 3
whenever members of the Council are communicating with staff members from outside agencies, specific to City of Del Mar business or City programs or projects, that the City Manager is included and made aware of the communications.

VIOLATIONS/ENFORCEMENT
First Offense: Will result in discussion in closed session or, if required by the Brown Act, in open session. The discussion shall focus on the nature of the alleged transgression and how it might be remediated.

Second or Subsequent Offense: Will result in discussion in closed session or, if required by the Brown Act, in open session as noted above under First offense. In addition, the offender may be subjected to remediation requirements as directed by the Council. Such measures may include the issuance of corrections to any improper communications, to removing the offender from Council committee assignments, and/or from regional agency representation of the City, or to formal censure. Where such proceedings are required to be held in open session, they shall be placed on the Council agenda for action.

PUBLIC RECORDS
The Council and Manager recognize that all written communications (by letter, email, text, or other written or electronic means) are potentially disclosable as public records under the California Public Records Act and the Del Mar Municipal Code.

COMMENTS
• Each Councilmember is independently elected. These guidelines are intended to facilitate communication, information sharing, and effective City governance without diminishing the authority and responsibilities of any elected Councilmember. • Only the City Manager and the City Attorney report directly to the Council. All other department heads and City employees report to the Manager. These guidelines are not intended to change that.
• These guidelines are a working document to be revised and updated by the full council as needed.

Adopted by the Del Mar City Council on September 7, 2021 50 December 4, 2023 Item 11

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BY RESOLUTION: 2018-82
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POLICY:

The following are guidelines to assist council members in performing their duties as liaisons to city advisory committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. City Advisory Committees

1. Council Liaison primary responsibilities include:
a. Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the city’s goal is to have at least two qualified applicants for each position. b. Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c. Assist Committee Chairs with the following:
i. How to run a meeting;
ii. How to accommodate public testimony and input;
iii. How to prepare and distribute agendas, including review of draft agendas with the chair (A sample agenda is attached to use as a template);
iv. Clarifying the process for committee members and the public to get something on the committee agenda;
v. Ensuring that the committee stays on task;
vi. Knowing when city staff should, and should not, be asked for assistance.

Generally, simple requests for information from staff can be made directly by the chair or committee members while requests for staff work should go through the Liaison(s) who can carry them to the City Manager and staff for response;
vii. Establishing goals and a work plan for the committee each March in conjunction with the City’s budget and goal setting process. d. Inform and assist the committee as a whole including:
i. Understanding the city’s system of advisory committees including:
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DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
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1. Understanding the role of a committee member;

2. Understanding the scope of the committee’s charge;

3. Understanding the relationship between the committee, council, public, and city staff; and

4. Understanding any budgetary constraints applicable to the committee’s work.
e. Ensuring the committee stays on task and within the scope of its charter and mission, adopted council goals, and any direction provided by council. f. Ensuring the committee understands its role is advisory only. g. Assisting the committee in completing its advisory recommendations to Council in a timely manner.
h. Effectively communicating committee advisory recommendations to Council. i. Facilitating transition to a successor liaison when there is change. j. Where appropriate, advocating for committee recommendation.

2. Reporting:
a. To the committee. The liaison(s) to a committee should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b. To the Council, staff, and public. The liaison(s) should give a report, in public session, at council meetings covering:
i. Updates on the committee’s work;
ii. Identification, and discussion as appropriate, of any difficulties the committee is experiencing and recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
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RESPONSIBILITIES AND EXPECTATIONS OF

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DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
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iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance as a written report can be included in the public agenda packet and accessible following the Council meeting. A sample form for such reports is attached.

3. Attendance:
a. Council Liaison attendance. It shall be the policy of the City Council that Council Liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee chair and each other, may determine whether one, both, or neither of the committee liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not require that a Council liaison be in attendance in order for that committee to meet.
b. Committee member attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the Administrative Services Department when a committee member has three or more absences without cause within a 12-month period.

B. Council or Council Appointed Representatives to Outside Agencies

1. Responsibilities:
a. Represent Del Mar to the outside agency, its staff, and to the public in conformance with the city’s goals, priorities, and objectives in a manner consistent with the city’s adopted policies and priorities and with any direction from council as a whole.
b. Attend meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate where possible on those occasions where the primary Council member or appointee is unable to attend.
c. Be diligent in reviewing agenda materials and preparing for meetings. 53 December 4, 2023 Item 11

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d. Speak up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

4. Reporting: The Council representative or appointee should report to the Council, staff, and public at council meetings as follows:
a. A summary of the outside agency’s activities since the prior report. b. Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c. Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d. On any outside agency committee or subcommittee changes affecting Del Mar. e. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance as a written report can be included in the public agenda packet and accessible following the Council meeting. A sample form for such reports is attached.

5. Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to arrange for a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a. Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b. Work with the Mayor and staff to put the presentation on a Council meeting agenda; and
c. Work with the outside agency to assist them in preparing their presentation. 54 December 4, 2023 Item 11