Del Mar City Council
December 18, 2023

Table of Contents
2023-12-18 Regular Meeting Agenda.pdf
Item 1 - Proclamation.pdf
Item 2 - Draft Action Minutes Regular Meeting 12-4-2023.pdf Item 3 - List of Demands.pdf
Item 5 - SDL Water Quality Monitoring.pdf
Item 6 - Second Reading ADU Regulations LCPA.pdf
Item 7 - Second Reading ADU Incentives.pdf
Item 8 - HdL 1st Amendment - Sales Tax.pdf
Item 9 - Agreement for As-Needed Planning Services.pdf
Item 10 - Agreement with the Del Mar Garden Club.pdf
Item 11 - Undergrounding District 2 Pre-formation Services.pdf Item 12 - Measure Q Citizen Oversight Committee reappointment.pdf Item 13 - Parks & Rec Appointment.pdf
Item 14 - Ordinance Amending Parking Zones.pdf
Item 15 - Paid Parking CDP Update.pdf
Item 16 - Amended DM Guiding Principles - LOSSAN Rail Realignment Project.pdf Item 18 - Election of the Mayor and Deputy Mayor 2024.pdf 2 10
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Monday, December 18, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.

Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.

In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.

Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS

1. Proclamation Recognizing Larry Brooks for His Volunteer Service to the Community of Del Mar
Recommended Action: Mayor Martinez will present the proclamation to Larry Brooks.

Reference: Clerk’s File No. 1201-5
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.

2. Approval of Minutes: December 4, 2023 Regular Meeting Recommended Action: Approve Minutes.

Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s Minutes Book

3. Ratification of List of Demands, dated December 18, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

4. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

5. Approval for Additional Water Quality Monitoring for San Dieguito Lagoon Recommended Action: Staff recommends that the City Council approve additional San Dieguito Lagoon water quality monitoring as recommended by the City of Del Mar’s Lagoon Committee.

Reference: Clerk’s File No. 1405-1

6. Second Reading and Adoption of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program Recommended Action: Adopt the Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter 30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).

Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9

7. Second Reading and Adoption 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)
Recommended Action: Adopt an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit (ADU) 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.

Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 303-1, 304-7, 401-4

8. First Amendment to Agreement with Hinderliter de Llamas and Associates for Sales, Use and Transaction Tax Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement between the City of Del Mar and Hinderliter de Llamas and Associates (Attachment A) for Sales, Use and Transaction Tax Services, extending the agreement for an additional two-year period ending January 11, 2026; and 2) Authorize the City Manager to execute the First Amendment.

Reference: Clerk’s File No. 201-10, 406-1

9. Approval of Agreements for As-Needed Planning Services Recommended Action: Staff recommends that the City Council: 1) Approve consulting services agreements with 4LEAF, Inc. (Attachment A), PSOMAS (Attachment B), and Interwest Consulting Group (Attachment C) to provide asneeded planning services for an initial three-year period effective December 18, 2023, through December 18, 2026; and 2) Authorize the City Manager to execute the agreements.

Reference: Clerk’s File No. 102-6

10. Agreement with the Del Mar Garden Club for Community Gardens and Beautification Projects
Recommended Action: Staff recommends that the City Council: 1) Approve an agreement with the Del Mar Garden Club (Attachment A) recognizing and allowing for the installation and maintenance of community gardens and beautification projects throughout the City; and 2) Authorize the City Manager to execute the agreement.

Reference: Clerk’s File No. 406-1

11. Task Order Approval for Utility Specialists Southwest, Inc. to Perform Utility Underground District (UUD) Pre-Formation Services for UUD 2 (Beach Colony)
Recommended Action: Staff recommends that the City Council: 1) Approve a $52,275 Task Order (Attachment A) with Utility Specialists Southwest, Inc. to perform utility underground district (UUD) pre-formation services for UUD 2 (Beach Colony); 2) Authorize the City Manager to amend the Task Order by up to $8,000 for extended consulting services; and 3) Authorize the City Manager to execute the Task Order.

Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 406-1, 1001-2

12. Appointment to the Measure Q Citizen Oversight Committee Recommended Action: The Council Liaisons to the Measure Q Citizen Oversight Committee recommend that the City Council reappoint Steven McDowell to serve on the Committee as a voting member for a second three-year term from December 4, 2023, through December 31, 2026.

Reference: Clerk’s File No. 401-5

13. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council reappoint Ann Feeney as a voting member to the Committee to serve a full three-year term starting January 2, 2024, and ending on January 31, 2027.

Reference: Clerk’s File No. 401-5
X. PUBLIC HEARING

14. Introduction of an Ordinance Amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code Related to Procedures and Establishment of Public and Private Property Parking Zones
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code authorizing the establishment of public and private property parking zones, which would allow the City to expand parking zones to include public lots and private property contractually permitting the City to provide enforcement, pursuant to its authority under the California Vehicle Code.

Reference: Clerk’s File No. 401-4, 401-9, 905-3
XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS

15. Update on Coastal Development Permit for Citywide Paid Parking Facilities Recommended Action: Staff recommends that the City Council receive an update on implementation of the City’s Coastal Development Permit for Paid Parking Facilities and new Low-Income Beach Parking Pass Program required by the California Coastal Commission (Coastal Commission) in February 2023 as a condition of permit approval.

Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 301-18, 905-4

16. Amendment to Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project Specific to the Del Mar Fairgrounds Recommended Action: Mayor Tracy Martinez and Councilmember Terry Gaasterland request that the City Council amend the Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project to include a guiding principle specific to the Del Mar Fairgrounds.

Reference: Clerk’s File No. 1005-2

17. Resolution of Appreciation for Tracy Martinez
Recommended Action: Receive public comment and adopt the resolution. A copy of the resolution will be available at the Council meeting and thereafter. There is no copy of the Resolution included with this agenda packet.

Reference: Clerk’s File No. Book of Resolutions

18. Selection of the 2024 Mayor and Deputy Mayor
Recommended Action: Staff recommends that the City Council appoint from its members a Mayor and Deputy Mayor to serve for a one-year period starting January 1, 2024, through December 2024.

Reference: Clerk’s File No. 401-1
XIII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIV. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

January 8, 2024
Sustainability Advisory Committee Charter Amendment and Appointment EP23-094 (919 Klish Way) - Alley Encroachments
2024 City Council Local and Regional Appointments
Del Mar City Council Regular Meeting December 18, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us TSVS Ordinance Update Work Plan Overview
XVI. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 13th day of December, 2023 at approximately 3:40 p.m.
___________________________________________ 12/13/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
1 December 18, 2023 Item 01

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 4, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:31 p.m.

ROLL CALL

Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communication and the following people spoke:
1) Mark O’Connor on behalf of the Surfrider Foundation thanked the City Council for the adoption of the Lighter Than Air Balloon ordinance.
2) Clive Freeman spoke regarding the LOSSAN corridor and San Diego Association of Governments (SANDAG) Del Mar rail realignment.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden spoke about the upcoming SANDAG Shoreline Protection Working Group meeting and presentation on December 7, 2023, and the California Coastal Commission public testimony on December 14, 2023, at 9:00 am. Councilmember Druker spoke about the Del Mar Village Association Christmas tree lighting that occurred on December 3, 2023; and upcoming Red Nose Run on December 9, 2023, at 1:00 pm and the Penguin Plunge on January 1, 2024. Deputy Member Quirk spoke about the upcoming California Senate Subcommittee meeting focused on LOSSAN corridor rail improvements scheduled for December 11, 2023, in San Clemente. Mayor Martinez spoke about her personal efforts to provide registrations for 50 marines to participate in the Red Nose Run event.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that as part of the City’s certified Housing Element, Program 6G, the City will be creating Objective Design Standards. A kickoff workshop with the City’s Planning Commission and Design Review Board will be held on December 6, 2023, at 5:00 in the Del Mar Town Hall. She also reported that SDG&E has completed the last major component of their Del Mar Reconfiguration Project and that they sent a letter expressing gratitude to the City and Del Mar residents for their patience and support.
1 December 18, 2023 Item 02
City Council Regular Minutes
December 4, 2023

CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 6. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: APPROVAL OF MINUTES: NOVEMBER 13, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 4, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: APPROVAL OF THE 2024 ADVISORY COMMITTEE MEETING SCHEDULE (CLERK’S FILE NO. 401-5)
Council approved the 2024 Advisory Committee Meeting Schedule, on consent.

ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE REGULATING BALLOONS FILLED WITH A GAS LIGHTER THAN AIR (CLERK’S FILE NO. 401-4, 401-9, 1403-4) Council adopted Ordinance 1001, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA ADDING CHAPTER 11.48 TO THE DEL MAR

MUNICIPAL CODE PROHIBITING THE USE, SALE AND DISTRIBUTION OF BALLOONS FILLED WITH A GAS LIGHTER THAN AIR”, on consent.

ITEM 6 THIRD AMENDMENT TO THE AGREEMENT WITH MSC JANITORIAL SERVICES, INC. FOR JANITORIAL SERVICES (CLERK’S FILE NO. 406-1)
Council approved the Third Amendment to the City’s Janitorial Services Agreement (Agreement) with MSC Janitorial Services Inc. to amend the fee schedule; and authorized the City Manager to execute the Third Amendment, on consent.

PUBLIC HEARING
ITEM 7: UTILITY UNDERGROUNDING DISTRICT 1A – STRATFORD COURT SOUTH PROJECT PRE-BID UPDATE, APPROVAL OF DESIGN REVIEW PERMIT DRB23-024 AND LAND CONSERVATION PERMIT LC23-014, AND APPROVAL OF TASK ORDER 2 December 18, 2023 Item 02
City Council Regular Minutes
December 4, 2023

AMENDMENT FOR UTILITY SPECIALISTS SOUTHWEST, INC. (CLERK’S FILE NO. 1001-2)
An introduction to the item was provided by City Manager Jones who reminded the City Council about the procedures regarding Councilmembers voting and abstaining for this item based on Council recusals due to proximity of their residences to Undergrounding Utility District 1A. A presentation was provided by Project Manager II Martin Boyd and Associate Planner Jennifer Gavin.

Council questions and discussion focused on the definition of “go-when-ready”; project schedule; and estimated number of linear feet for trenches.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO AUTHORIZE CITY CONSTRUCTION FOR UUDS 1A & X1A TO PROCEED ON A GO-WHEN-READY SCHEDULE. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

Councilmembers Druker and Gaasterland were recused from discussing UUD 1A due to the 500 feet proximity to the project location. Council questions and discussion focused on project timing; preconstruction process; construction bid process and estimated costs; future private easements; contingency estimates; resident communications; funding sources for project related paving; and bid packet line item alternates.

Mayor Martinez opened the item to public comment and Mary McGuire spoke.

Mayor Martinez closed the item to public comment.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO ADOPT RESOLUTION 2023-47, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA APPROVING DESIGN REVIEW PERMIT DRB23-024, AND LAND CONSERVATION PERMIT LC23-014 TO PERFORM CUT GRADING AND INSTALL NEW RETAINING WALLS WITHIN THE RIGHT OF WAY ADJACENT TO THE PROPERTIES AT 639, 717, AND 1105 STRATFORD CT AND 215 9TH STREET DEL MAR, CALIFORNIA, IN ORDER TO LOCATE REQUIRED UTILITY FACILITIES ASSOCIATED WITH THE 1A UTILITY UNDERGROUNDING”. (VOTE 3-0, WITH

COUNCILMEMBERS DRUKER AND GAASTERLAND RECUSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Worden; Noes: 0; Absent:

Councilmembers Druker and Gaasterland (recused); Abstain: 0.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO APPROVE A $71,178 TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC.

FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR UUD 1A AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 3-0, WITH COUNCILMEMBERS

DRUKER AND GAASTERLAND RECUSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Worden; Noes: 0; Absent:

Councilmembers Druker and Gaasterland (recused); Abstain: 0. 3 December 18, 2023 Item 02
City Council Regular Minutes
December 4, 2023

ITEM 8: RE-INTRODUCTION OF AN ORDINANCE TO AMEND THE CITY’S ACCESSORY

DWELLING UNIT REGULATIONS AND CERTIFIED LOCAL COASTAL PROGRAM (CLERK’S FILE NO. 303-1, 304-7, 401-4, 401-9)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee, Assistant City Attorney Ralph Hicks, and Planning and Community Development Director Karen Brindley.

Council questions focused on owner occupancy requirements; no-variance provision; basement permit approvals; retaining wall standards; the language regarding the anticipated lifetime of the structure; the factors that could trigger design review; whether Accessory Dwelling Unit (ADU) walls could be subject to ADU standards; and as parking standards.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Julie Hamilton with a donation of time from Nancy Stoke 2) Rich Jamison
3) Michael Corbosiero
4) Alice Sullivan
Mayor Martinez closed the item to public comment.

Council discussion focused on the State regulations that the City is required to meet; whether or not the City has the ability to deny individual ADU projects if they pose a safety hazard or other public health hazards such as the high wild fire risk zone; possibility of re-wording the language identified by some members of the public as implicitly related to managed retreat; and emphasized the importance of complying with the Coastal Act and protection of ocean views.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER

GAASTERLAND TO INTRODUCE THE REVISED ORDINANCE TO REPEAL AND REPLACE THE CITY’S ACCESSORY DWELLING UNIT (ADU) REGULATIONS WITHIN DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 30.91 AND AMEND RELATED CODE REGULATIONS IN THE CITY’S ZONING CODE AND CERTIFIED LOCAL COASTAL PROGRAM (LCP) BY ZONE CODE AMENDMENT (ZA22- 001) AND LCP AMENDMENT (LCPA22-001) AS REQUIRED TO DEMONSTRATE COMPLIANCE

WITH STATE LAW (CALIFORNIA GOVERNMENT CODE AND CALIFORNIA COASTAL ACT) AND IMPLEMENT VARIOUS HOUSING PROGRAMS IN THE CITY’S CERTIFIED HOUSING ELEMENT, INCLUDING PROGRAMS 2A (ADU INCENTIVE PROGRAM), 2B (ADU AMNESTY PROGRAM), AND 2F (TINY HOMES). THE MOTION INCLUDED TWO CHANGES THAT WERE READ INTO THE RECORD TO AMEND SECTION 30.91.040(D)(4) AND (X)(1) TO READ AS FOLLOWS:

SECTION 30.91.040(D)(4) - ALL NEW RESIDENTIAL DEVELOPMENT MUST PROVIDE ADEQUATE

ACCESS FOR EMERGENCY RESPONSE EQUIPMENT AND PERSONNEL TO ENSURE PUBLIC SAFETY FOR ITS RESIDENTS. CONSISTENT WITH FIRE PROTECTION ACCESS REQUIREMENTS

APPLICABLE TO ALL RESIDENTIAL DEVELOPMENT IN THE CITY, A MINIMUM OF SIX FEET BETWEEN ANY BUILDINGS SHALL BE MAINTAINED.

SECTION 30.91.040(X)(1) - DEVELOPMENT SHALL BE LOCATED AND DESIGNED, INCLUDING

ELEVATION AND FLOOD PROOFING, TO MINIMIZE FLOOD DAMAGE AND AVOID FLOOD HAZARDS.
(VOTE 5-0)
4 December 18, 2023 Item 02
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December 4, 2023

Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 8:07 p.m. to 8:25 p.m.

ITEM 9: 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) (CLERK’S FILE NO. 303-1, 304-7, 401-4) An introduction to the item was provided by Mayor Tracy Martinez. A presentation was provided by Principal Planner Amanda Lee.

Council questions focused on regulations regarding access to each ADU; requiring design review; and concerns about the possibility to rebuild with a higher number of units, triggers for density bonus law, view protection, possible sale of the low-income units, and mechanisms for co-ops.

There were no public speakers for the item.

Council discussion focused on potential tax incentives for the ADU component; height and setbacks requirements to maintain the floor area ration (FAR); circumstances in which design review would be required; need for staff to return to Council once 15-unit objective has been met; concerns regarding possible rebuild with a higher number of apartment units; and incentives for zones and different circumstances.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN

TO INTRODUCE AN ORDINANCE 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, WITH AMENDMENTS OF TWO CHANGES THAT WERE READ INTO THE RECORD AS FOLLOWS:
1) TO REQUIRE DESIGN REVIEW BOARD REVIEW OF BONUS UNIT DEVELOPMENT THAT

INVOLVES CONSTRUCTION OF A NEW STRUCTURE OR REMODEL OF THE EXISTING

STRUCTURE THAT INVOLVES RELOCATION, ALTERATION, OR MODIFICATION OF THE EXTERIOR OF ANY STRUCTURE FOR INCENTIVE PROGRAM APPLICATIONS ON MULTIDWELLING UNIT LOTS, PRIOR TO APPROVAL OF THE ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT; AND
2) IDENTIFY A COMMITMENT FOR STAFF TO RETURN TO CITY COUNCIL ONCE 15 LOWINCOME UNITS HAVE BEEN CREATED BY THE PROGRAM TO EVALUATE AND DISCUSS NEXT STEPS.
(VOTE 4-1, WITH COUNCILMEMBER GAASTERLAND OPPOSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Worden; Noes:

Councilmember Gaasterland; Absent: 0; Abstain: 0.
5 December 18, 2023 Item 02
City Council Regular Minutes
December 4, 2023

CITY COUNCIL OTHER BUSINESS
ITEM 10: 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 (CLERK’S FILE NO. 303-1, 304-7)
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Principal Planner Amanda Lee.

Council questions focused on unit construction date requirements of the policy; fee structure (fines) for non-compliance; potential lien on the property for non-compliance; avenues for remedial actions for illegal ADUs; and accommodation for the existing structures wouldn’t need to go to the Design Review Board.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2023-48, “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 6TH CYCLE HOUSING ELEMENT PROGRAM 2B” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

VOTE TO CONTINUE MEETING

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER GAASTERLAND TO CONTINUE THE MEETING THROUGH COMPLETION OF NEXT ITEM. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 11: COUNCIL CONSIDERATION TO CENSURE DEPUTY MAYOR QUIRK FOR FAILING

TO PROVIDE PROPER DISCLOSURE AND TRANSPARENCY IN PUBLIC COMMUNICATIONS (CLERK’S FILE NO. 101-2, 401-1)
A presentation was provided by Councilmembers Dave Druker and Terry Gaasterland.

Council questions focused on the Del Mar Municipal Code and other City regulations or policies related to Councilmember communications with the public, press and outside agencies and standard practice to provide disclosure when presenting personal views that may conflict with the official City Council position.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Clive Freeman
2) Briana Minadeo
3) Steve Quirk
Mayor Martinez closed the item to public comment.
6 December 18, 2023 Item 02
City Council Regular Minutes
December 4, 2023

Council discussion focused on the expectations of Councilmembers related to their public expression of personal views and the critical importance of disclosing when you are speaking as an individual and not on behalf of the City Council.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2023-49, “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”, LEADING TO CONFUSION AND PERCEIVED MISREPRESENTATION OF CITY VIEWS AND POSITIONS ON IMPORTANT PUBLIC TOPICS. (VOTE 4-1 WITH DEPUTY MAYOR QUIRK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 10:36 p.m.
____
Kseniia Izgarskaia, Senior Management Analyst
7 December 18, 2023 Item 02

Vendor Payment Checks $ 213,077.18
Voids -
Electronic Fund Transfers (EFT) 440,800.45
Electronic Wires 22,215.69
Total $ 676,093.32
Approved by: Approved by:

Marilen Santos
for Monica Molina Tracy Martinez
Finance Manager/Treasurer Mayor
Date: Date:
12/8/2023
Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
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City Council Meeting
December 18, 2023
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mikhail Ogawa, Contract Clean Water Manager
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Approval for Additional Water Quality Monitoring for San Dieguito Lagoon REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve additional San Dieguito Lagoon water quality monitoring as recommended by the City of Del Mar’s Lagoon Committee.

DISCUSSION/ANALYSIS:

As part of the City’s responsibilities under Regional Water Quality Control Board Order (RWQCB) R9-2013-0001, the Clean Water Program performs water quality monitoring at several City outfalls. These monitoring activities are conducted under both dry and wet weather conditions, with the intent of evaluating the City’s impact on water quality.

Specifically, the evaluation seeks to measure the City's contributions of non-stormwater flow and pollutants to the receiving waters, which includes the San Dieguito and Los Peñasquitos lagoons, as well as the Pacific Ocean. The resulting data and assessments inform the Clean Water Program and influence program management decisions. The results of the monitoring are reported in the annual reports submitted to RWQCB.

On October 19, 2023, the City’s Lagoon Committee formally passed a recommendation to request that the City Council approve additional monitoring activities in the San Dieguito Lagoon by the City of Del Mar. At previous Lagoon Committee meetings, the Committee requested status information from the Clean Water Program regarding water quality in the San Dieguito Lagoon since there is a general concern for the health of the Lagoon among the Committee. Committee members expressed concern that the California Coastal Commission (CCC) contractors had changed the frequency and content of water quality data shared with the Committee.

The CCC contractors have stated that their primary focus is on monitoring Dissolved Oxygen (DO) levels. DO serves as an indicator of lagoon health and is directly linked to the condition of the lagoon mouth. Low DO values can have adverse effects on the local ecosystem, potentially necessitating dredging of the lagoon mouth to enhance tidal flows, 1 December 18, 2023 Item 05
City Council Agenda Report
San Dieguito Lagoon Water Quality Monitoring
December 18, 2023

thereby improving DO levels. The CCC contractors stated while they may collect data on other parameters, these data are not subjected to quality control evaluations. As a result, they do not share or publish these additional data.

At the request of the Committee, the Clean Water Program Manager proposed a framework for additional water quality monitoring parameters. The proposed framework consists of:
• Two monitoring events performed during each year.
• For each monitoring event, Clean Water Program staff will collect water samples at both the Grand Ave Pier and Jimmy Durante Bridge.
• Monitoring will be conducted during normal business hours. • Field parameters proposed to be measured include pH, Turbidity, Dissolved Oxygen, Temperature, and Specific Conductivity.
o Monitoring results will be compared against the Basin Plan Water Quality Objectives to determine if results are at appropriate levels. These objectives are designed to represent the maximum amount of pollutants that can remain in the water column without causing any adverse effect on organisms using the aquatic system as habitat, on people consuming those organisms or water, and on other current or potential beneficial uses. • All data related to the monitoring will be provided to the Lagoon Committee for their review and included in annual reports submitted to the RWQCB.

The monitoring results will inform the Clean Water Program on the ongoing general health of the lagoon. The Clean Water Program can use the results to prioritize management actions across the program. Furthermore, in cases where the data indicate a decline in lagoon health, it can trigger collaboration efforts with upstream agencies that also contribute to runoff and impact the lagoon's health.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. The anticipated cost for the proposed additional monitoring efforts is approximately $850 per fiscal year. There is sufficient funding for the recommended additional water quality testing/monitoring available in the City’s approved Clean Water Program Budget.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to Council Goals and Priorities. 2 December 18, 2023 Item 05
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 18, 2023
SUBJECT: Second Reading and Adoption of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program REQUESTED ACTION/RECOMMENDATION:

Adopt the Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter 30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).

DISCUSSION/ANALYSIS:

On December 4, 2023, during a duly noticed public meeting, the City Council voted unanimously to re-introduce the ADU Implementation Ordinance with two changes that were read into the record to amend Section 30.91.040(D)(4) and (X)(1) to read as follows:
 Section 30.91.040(D)(4) - All new residential development must provide adequate access for emergency response equipment and personnel to ensure public safety for its residents. Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six feet between any buildings shall be maintained.
 Section 30.91.040(X)(1) - Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards.

The City Council provided direction to staff that Ordinance Section 30.91.040(D)(4) be modified to require a sufficient setback distance of 6 feet between buildings, consistent with the citywide requirement, as a measure to ensure adequate access for emergency response 1 December 18, 2023 Item 06
City Council Agenda Report
ADU Ordinance
December 18, 2023

equipment for the protection of public safety. The second modification to Ordinance Section

30.91.040(X)(1) was directed by the Council as a measure to simplify the objective standard for implementation of flood management requirements for public safety within all designated special flood hazard areas in the Floodplain Overlay Zone. The agenda report, correspondence, minutes, and video for the December 4, 2023, public hearing in which the ADU ordinance was reintroduced are posted on the City website at the following link:
https://www.delmar.ca.us/AgendaCenter
Following adoption, the City must submit the Ordinance to HCD within 60 days for review in accordance with Government Code Section 65852.2(h); and submit the Ordinance/LCPA to CCC for certification in accordance with the Coastal Act for the Ordinance to take effect.

HOUSING IMPACT: The Ordinance will facilitate development of new ADU housing options and opportunities to Affirmatively Further Fair Housing (AFFH), consistent 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 the City’s certified Housing Element, including the Housing Element Program 2A (ADU Incentives), Program 2B (Amnesty Program), Program 2F (Provisions for Tiny Homes), and Program 5A (Strategies for Preservation of Existing Housing Stock through Accommodation of Non-Conforming MultiUnit Development). Production of ADUs is a key component of the City’s adopted, balanced housing strategy for the certified 6th Cycle Housing Element FISCAL IMPACT: There is no fiscal action to be taken by the City Council for this agenda item.

ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA), the Ordinance 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 amendments to the City’s Zoning Code are 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 2 December 18, 2023 Item 06
City Council Agenda Report
ADU Ordinance
December 18, 2023

and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory Exemptions and Categorical Exemptions identified above, the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the entire record, the Ordinance does not require a subsequent EIR or further environmental review.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The Ordinance will bring the City’s codified ADU regulations into compliance with State law and complete multiple ADU-related Council Priority special projects that are required by the Housing Element to be completed by December 2023.

ATTACHMENTS:

Attachment A – Ordinance to Amend the City’s ADU Regulations/Certified LCP Attachment B – Strikeout-Underline Copy of Ordinance
3 December 18, 2023 Item 06

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, REPEALING AND REPLACING
THE DEL MAR MUNICIPAL CODE CHAPTER 30.91
ACCESSORY DWELLING UNIT (ADU) REGULATIONS;

AND AMENDING RELATED SECTIONS IN THE DEL MAR

MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
(LCP) ALL RELATING TO THE HARMONIZATION OF ADU

REGULATIONS IN THE CALIFORNIA GOVERNMENT
CODE SECTIONS 65852.2 AND 65852.22 WITH THE
CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED
LCP
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that Accessory Dwelling Units (ADUs) are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the State Legislature also declared that ADUs are an “essential component of California’s housing supply” and that ADUs provide additional rental housing; and
WHEREAS, when the State revises ADU law found in Government Code Section 65852.2, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law; and WHEREAS, proposed ADU projects must comply with the current ADU law, the California Coastal Act, and the remaining valid provisions in the City’s certified Local Coastal Program (LCP); and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar and has an overall goal to “preserve and enhance the special character of Del Mar”, this includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City has a certified Housing Element for the 6th Cycle years 2021- 2029 that has been incorporated into the City’s Community Plan as a standalone element; and
4 December 18, 2023 Item 06
Ordinance No. XXXX

WHEREAS, the certified Housing Element requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderateincome units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and
WHEREAS, production of ADUs is one strategy of a City Council-adopted multifaceted approach to meet the City’s affordable housing obligations in compliance with State law; and
WHEREAS, the City’s overall stated housing goal in the Housing Element continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and
WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and WHEREAS, adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, ADUs are intended by the State Legislature to be used for dwelling purposes to provide for more housing stock in California and to create lower-cost housing opportunities, and during the public hearings concerning this Ordinance considerable public testimony and evidence was provided that homeowners have abused the ADU process by using ADUs as recreational rooms, office spaces, and to secure better private views of the ocean; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, ADU law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application to ADU laws; (Cal. Gov. Code. Sec. 65852.2(l)); and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and 5 December 18, 2023 Item 06
Ordinance No. XXXX

WHEREAS, the City of Del Mar has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and
WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws; and
WHEREAS, the standard of review for proposed ADU development in the City of Del Mar must be balanced against the mandates of the Coastal Act and stated as objective standards within the City’s certified Local Coastal Program to ensure protection of public scenic views, public access, coastal resources and public health and safety; and WHEREAS, within the City of Del Mar there are narrow roads located in the residential zones and during times of emergencies or public emergency evacuations significant public safety issues are likely to arise where additional on-street parking is added to these already constrained streets; and
WHEREAS, within the City of Del Mar there are a number of residential structures in high risk wildfire areas in the State’s identified Very High Fire Hazard Severity Zone that are served by narrow roads; and
WHEREAS, Del Mar Municipal Code (DMMC) Section 10.04.070 specifies required minimum unobstructed improved road widths to ensure fire apparatus access; and
WHEREAS, the City intends to update the Community Plan Safety Element to ensure that residents living in high-risk wildfire zones may safely evacuate in times of emergencies and that emergency response equipment will have adequate access to those areas; and
WHEREAS, while the Safety Element update is being prepared it is in the interest of public safety to ensure that any new development in high-risk areas has the ability to evacuate its residents in times of public emergencies; and WHEREAS, within the City there are sandstone bluffs and coastal bluffs that are fragile and are protected as environmental resources and potential coastal hazards in the City’s certified LCP; and
6 December 18, 2023 Item 06
Ordinance No. XXXX

WHEREAS, consistent with all residential development and the City’s certified LCP, proposed ADU development near sandstone bluffs and coastal bluffs requires specific regulation to ensure protection of the bluff and the bluff’s habitat values and protection of public safety; and
WHEREAS, this ADU Ordinance includes provisions necessary to protect sensitive coastal habitats, ensure public access, maintain public coastal view sheds, provide coastal parking requirements, and protect public safety in order to harmonize the State ADU regulations with the California Coastal Act and the City’s certified LCP; and WHEREAS, the City staff engaged in extensive public outreach to encourage public participation in formulating these draft ADU regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, multiple announcements made during public meetings including the Design Review Board and City Council meetings; and
WHEREAS, notice of the July 10, 2023, public workshop discussion related to ADUs was posted in the Del Mar Times on June 29, 2023; and WHEREAS, the Notice of Availability and notice of Planning Commission public hearing for the draft ADU Ordinance was posted in the Del Mar Times on August 25, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, during the September 12, 2023 public hearing, the Planning Commission recommended the City Council adopt the Ordinance with modifications to reflect concerns raised in submitted correspondence and during public testimony that many ADUs built in the City were built simply to add value to the primary residence, are not being used for housing purposes to add to the housing rental stock as the Legislature intended, and are instead being used for home offices, recreational rooms, vacation rentals, and other uses; and
WHEREAS, the Planning Commission recommended modifications to the City Council to be responsive to the public testimony and these modifications have been incorporated into the Ordinance; and
WHEREAS, on September 18, 2023, the notice of City Council public hearing was published in the Daily Transcript and mailed notices were sent to all interested parties who have participated through the Planning Commission hearing on September 12, 2023; and
WHEREAS, additional public notice was provided on October 2, 2023, in the San Diego Union-Tribune and mailed notices were sent to all interested parties with notification of the hearing continuance from October 2 to October 16, 2023, and again on November 16, 2023, with published notice in the Del Mar Times and mailed notices to all interested parties providing notification of the City Council hearing on December 4, 2023; and
7 December 18, 2023 Item 06
Ordinance No. XXXX

WHEREAS, on October 16, 2023, the City Council held a duly noticed public hearing, considered public testimony and written correspondence, and continued the item with direction for staff to revise the Ordinance to add a Notice of Application requirement for ADU applications and incorporate additional citywide objective standards to address parking in areas of high wildfire risk, grading/landform alteration, and other objective standards consistent with those adopted as part of the Senate Bill 9 Ordinance/LCPA; and
WHEREAS, the City’s certified 6th Cycle Housing Element includes six ADUrelated housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households; and
WHEREAS, this Ordinance implements Housing Element Program 2F (Tiny Homes) by incorporating a definition for tiny homes and allowing tiny homes through the same ministerial approval process as ADUs thereby facilitating development of small units ranging from 150 square feet to 400 square feet in size that if developed in the City is likely to provide more affordable housing options due to the smaller size of the unit type; and
WHEREAS, adoption of this Ordinance will facilitate implementation of an incentive program in accordance with Housing Element Program 2A (Incentives to create ADUs for low income households) by incorporating provisions into the certified LCP to authorize the granting of specific planning and zoning incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the incentive program, that limit the ADU use and occupancy based on restricted income limits and rental rates for a low-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, this Ordinance establishes an ADU Amnesty Program that will facilitate implementation of Housing Element Program 2B by incorporating provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, the ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper 8 December 18, 2023 Item 06
Ordinance No. XXXX

permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare; and WHEREAS, the ADU Amnesty program is intended to encourage compliance with standard building codes and public safety requirements; and WHEREAS, the Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defect.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:

1. The foregoing Findings with the above stated Recitals are true and correct and are incorporated by reference into this action.

2. The City has received extensive written and oral public testimony attesting to the widespread misuse of ADUs. Such misuse is contrary to the legislative intent of ADU law.

3. The ADU Ordinance substantially complies with State ADU law, as provided in California Government Code Sections 65852.2 and 65852.22, as harmonized with the California Coastal Act and consistent with California Government Code Section 65852.2(l).

4. Within the City of Del Mar there are areas of high wildfire risk where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation. Some of these hillside areas also have narrow winding roads that serve as the only evacuation route for homes within these neighborhoods. The City is processing an update to the Safety Element in the Del Mar Community Plan to ensure that residents living in these high-risk wildfire zones may safely evacuate in times of public emergencies and that there is adequate access for emergency response personnel and equipment to reach those areas. To be responsive to these unique conditions, the City has recently prepared and approved an evacuation plan addressing these conditions, prepared appropriate mass evacuation emergency response approaches, and identified how to effectively respond to various types of emergency conditions. These combined conditions are unique to the City and there are limited options other than imposing parking requirements on all new developments where there are improved roads that are twenty feet or less in width, which will ensure compliance with DMMC Section

10.04.070. These provisions are also consistent with the public safety and welfare provisions of the California Coastal Act Chapter 3, Article 6, Section 30253(a). 9 December 18, 2023 Item 06
Ordinance No. XXXX

5. While the citywide Safety Element update is being prepared, the City finds that it is in the interest of public safety to ensure that any new development, including ADU development, located in high-risk areas have the ability to safely evacuate its residents in times of emergencies. Additionally, building structure separation is a critical component to ensure that fire personnel and their equipment can access structures during a fire. These building separations become even more critically important when emergency response is impeded by the City’s narrow streets, or where the structures are located in high risk fire hazard hillside communities.

6. Within the City there are hundreds of existing homes located within FEMA flood zones identified by FEMA. The flood conditions in these areas, as identified by best available science, are being exacerbated by climate change and sea level rise (existing and projected). On a citywide basis, the City is addressing these flood conditions to minimize flood risk through adaptation mitigation measures. These measures are consistent with the adopted City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates October 2018). Currently, the City has an existing system of shoreline protection along the shoreline in the North Beach neighborhood, which has been maintained in accordance with the Beach Preservation Initiative and the Beach Overlay Zone policies and regulations in the City’s certified Local Coastal Program. In addition, the City has a Sand Compatibility Opportunistic Use Program in place to facilitate sediment management and maintenance of a wide beach and is in process of preparing a conceptual plan for a living levee, vegetated berm system, to provide flood adaptation along the banks of the San Dieguito River in accordance with the City’s adopted Sea Level Rise Adaptation Plan and the Coastal Act. All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize flood damage and avoid flood hazards in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(a) (Cal. Pub. Res. Code Section 30253(a)).

7. Within the City there are eroding bluffs and unstable, fragile slopes that may pose a danger to residents building in these blufftop areas that are vulnerable to erosion and instability. The City is addressing these specific risks by requiring geotechnical reports and setback requirements consistent with existing requirements applicable to all proposed residential development on lots with steep slopes or coastal bluffs required by the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub. Res. Code Section 30253(b)); as well as implementation of adaptation measures in accordance with the City of Del Mar Sea Level Rise Adaptation Plan. These setback and geotechnical protection requirements are required hazard controls in the City’s certified LCP that are intended to protect the public safety and welfare and apply to all new development.

All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize and avoid erosion hazards in accordance with the City’s certified LCP and the California 10 December 18, 2023 Item 06
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Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub. Res. Code Section 30253(b)).

8. Within the City there are significant sensitive coastal resources and environmentally sensitive habitat areas that are specifically protected under the California Coastal Act. ADU law specifically provides that coastal resource protections found in the California Coastal Act are not to be superseded or its effects lessened by the provisions of ADU law. Protection of these natural habitats and environmentally sensitive resources is a cornerstone of the Coastal Act found in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res.

Code Section 30240). Consistent with case law, the California Coastal Act, and the State’s housing policies and its implementing regulations, the City has made reasonable and good faith efforts to harmonize any conflicting regulations to ensure the protection of coastal resources and to ensure the protection of public safety and welfare while furthering the housing goals of the State. The City has reasonable relied on its certified LCP, public testimony, written evidence, and the City’s unique infrastructure and environmental conditions in harmonizing the State’s ADU laws with the Coastal Act and the City’s police powers in protecting the safety of its residents.

9. Within the City there are public scenic view corridors to coastal resources that are protected under the California Coastal Act. Consistent with the Coastal Act, these scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. (See:

Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). As applied to all residential development in the City, an ADU development may not obstruct the public scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, building restricted easements are enforced and certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.

10. Within the City there are rare and scenic trees that are native to Del Mar and protected under the California Coastal Act. On a case-by-case basis, the ADU location siting will be required to avoid impacts to these protected tree species and comply with DMMC Chapter 23.50. These coastal resource protections are consistent with Cal. Gov. Code. Sec. 65852.2(l) and these habitat value protective measures are consistent with California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res. Code Section 30240).

11. The City’s certified 6th Cycle Housing Element requires the creation of additional affordable housing stock.

12. The California Legislature made findings, declarations, and statements of intent in drafting the ADU laws. A paramount legislative finding states that ADUs “are an 11 December 18, 2023 Item 06
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essential component to creating additional housing stock.” The City’s ADU ordinance is consistent with creating essential housing stock. During the public hearing process for this Ordinance numerous residents testified that a significant majority of ADUs have been constructed for uses other than to serve as dwelling units; with the most common practice being to remodel existing dwelling units to access new or enhanced private views of the ocean for the existing occupants as a means to avoid the City’s discretionary design review process that otherwise applies citywide. This Ordinance discourages the construction and use of ADU development for the enhancement of private ocean views, or use as home offices or recreational purposes. The intent of the City’s Ordinance is to ensure that ADUs are built for dwelling purposes and to curtail the misuse of ADU law.

13. The City has considered HCD and California Coastal Commission staff comments and such comments are incorporated herein.

14. The ADU Ordinance includes provisions to harmonize ADU state law with the California Coastal Act’s Chapter 3 protective provisions and the City’s certified LCP. This includes specific measures to protect the public safety from environmental and infrastructure conditions that are unique to the City. The City’s certified LCP has “Overlay Zones” as a means for implementing the hazard control policies in the LCP Land Use Plan in order to protect coastal resources, environmentally sensitive habitat areas, and high risk public endangerment areas.

These Overlay Zones apply citywide and now by this ordinance include ADU development, including development within the Beach Overlay Zone, Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Floodplain Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and the Wildland Urban Interface (WUI) Fire Hazard Severity Areas. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the California Coastal Act. The Coastal Act provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal.

Pb. Res. Code 30240). The City’s LCP Overlay Zones ensure that environmentally sensitive habitat areas are protected against any significant disruption from housing projects. ADU law recognizes that these fundamental Coastal Act protections are not superseded and ensures that its effects are not lessened by ADU development provisions that may conflict with the Coastal Act. The standards for development and the coastal resource protections afforded by these Overlay Zones will equally apply to all residential development including ADU development projects.

15. As required by the Coastal Act, the Ordinance includes provisions to ensure that the existing reservoir of public parking along the shoreline will be sufficient to maintain the public’s right to coastal access. Public access to the shoreline is facilitated by on-street public parking. However, on-street parking in the City is highly limited. Therefore, the City’s LCP policies, as certified by the California Coastal Commission, ensure that new residential development can self-park on its property. Use of on-street parking by ADUs or other development projects in 12 December 18, 2023 Item 06
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coastal parking impact areas impedes public access to the shoreline. The parking standards under the ADU law are in conflict with existing California Coastal Act coastal access policies, as implemented by the City’s existing LCP. However, ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal.

Gov. Code. Sec. 65852.2(l). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)). Therefore, the public’s right to park along public streets that are near the shoreline is preserved by implementation of this Ordinance. (See: Cal. Pub. Res. Code Sec. 30212(a)).

16. Within the City there are some roadways that are substandard in width. When onstreet parking is allowed in these areas without limitation, emergency response can be impacted if emergency response vehicles and equipment cannot safely respond to local incidents. Therefore, to ensure protection of public safety along these very narrow roadways, the Ordinance ensures safe access for emergency response vehicles and access to emergency response equipment. All new residential development located in these areas must ensure adequate off-street parking for its residents. These evaluations occur on a case-by-case basis.

17. As required by the Coastal Act, the Ordinance contains provisions to ensure protection of public coastal scenic views. Similar to other residential development within the Coastal Zone, this Ordinance limits ADU development where it would impact public scenic and visual corridors to the sea. Under the Coastal Act Chapter 3, Article 6, Section 30251 states the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. (See: cal. Pub. Res. Code Section 30251).

18. Within the City there are sandstone bluffs and coastal bluffs that are fragile, provide habitat value, and are protected in the City’s LCP as environmental resources and potential coastal hazards. ADU development near sandstone bluffs requires specific regulation, as similarly applied to all other residential development, to ensure protection of the bluff and the bluff’s habitat values and protection of public safety. These sandstone bluffs and coastal bluffs are highly susceptible to erosion and resulting collapse.

19. The City’s certified 6th Cycle Housing Element includes six ADU-related housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for 13 December 18, 2023 Item 06
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moderate income and lower income households and this Ordinance facilitates implementation of the ADU-related housing programs.

20. During the Planning Commission and City Council public hearings, considerable public testimony and written evidence was presented establishing that homeowners have abused the ADU process by building ADUs for the sole purpose of enhancing private views of the ocean and adding new home office and recreational rooms. These accessory structures and uses only benefit the primary dwelling unit and are in direct conflict with the legislative intent of ADU law to create additional dwelling units and a net-increase in California’s housing stock that can accommodate additional households and provide new housing choices including lower cost dwelling units. Based on substantial evidence in the record, the ministerial permit process provided by State ADU law has been misused by property owners in the City of Del Mar to build ADUs for the sole purpose and benefit of the primary dwelling unit without making new housing options available.

To ensure that ADUs comply with the State’s legislative intent, ADUs must be developed as new dwelling units and used for dwelling purposes.

21. The ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare. The Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defects.

22. This Ordinance incorporates provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the respective program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable.

23. Where there are direct conflicts between ADU law and the California Coastal Act, the City has either harmonized the conflicts or ensured the protections afforded to coastal resources granted by the Coastal Act as further required by the California Government Code Sec. 65852.2(l).

24. The City of Del Mar Local Coastal Program as certified by the California Coastal Commission is incorporated by reference and is used herein to harmonize the State’s ADU laws in manner so as not to supersede or lessen the effects of the California Coastal Act and its coastal resource protections. 14 December 18, 2023 Item 06
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NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:

A. through C. [No change to Tandem Parking Space through Temporary Enclosure] D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.

E. [Modify order of Trailer Coach through Trellis to be sections E. through H.] SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:

30.19.030 Allowable Uses
The allowable uses in the RM-South Zone are:

A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM-Central Zones.

B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.

C. Multiple dwelling units.

D. Boardinghouses and lodging houses.

E. Licensed rest homes.

F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

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

SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:

30.19.040 Accessory Uses
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Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, including Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed ResidentialCentral (RC Zone) be amended as follows:

30.21.030 Allowable Uses
The following uses are allowable in the RC Zone:

A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.

B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.

SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows:

30.21.040 Accessory Uses
A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.

B. Off-street parking for a permitted use.

C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.

D. Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:

30.91.010 - Purpose
The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this 16 December 18, 2023 Item 06
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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 as applicable in 17 December 18, 2023 Item 06
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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 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 18 December 18, 2023 Item 06
Ordinance No. XXXX

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 non-profit affordable housing organization per Government Code
Section 65852.26 may sell a deed restricted ADU to an
eligible low-income owner.
(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for newly created ADUs. Effective January 1, 2025, the property owner shall reside on the property in either the primary dwelling unit or in the ADU.
(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.
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(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 asbuilt elevation certificate will also be required prior to final inspection and occupancy.
i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in Section

30.91.040.

2. JrADU Submittal Requirements.

In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:
a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that identifies any existing or proposed ADUs on the lot
b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry, and the bathroom the JrADU will have access to.
c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed JrADU in a new structure or within a non-habitable space that would be converted to habitable space.

B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:

1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing. 20 December 18, 2023 Item 06
Ordinance No. XXXX

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 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
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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:

1. California Government Code section 65852.2 (l) provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.

2. The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following:
a. An ADU or JrADU created through conversion of entirely existing habitable space; and
b. Consistent with other residential development in the City, the ADU or JrADU is not located in any of the following Overlay Zones:
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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.
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 23 December 18, 2023 Item 06
Ordinance No. XXXX

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).

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. 24 December 18, 2023 Item 06
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30.91.040 Accessory Dwelling Unit Development Regulations A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section 30.91.030.

B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:

1. One ADU or JrADU within the space of a primary single dwelling unit:
a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing structure, except as necessary to accommodate ingress or egress through a maximum expansion of 150 square feet beyond the physical dimensions of the existing structure.
b. If an ADU is developed under Section 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or JrADU was permitted in accordance with section (a) in the above. c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a maximum of one detached ADU (one converted detached structure or new ADU structure) shall be permitted on the lot in addition to the JrADU in accordance with Section 30.91.040(B)(3).

2. One ADU attached to a primary single dwelling unit:
a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be constructed as part of the overall primary single dwelling unit and must share a common wall with the primary single dwelling unit.
b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.
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3. One Detached ADU (new structure or conversion of existing structure):
a. There shall not be more than one detached ADU per lot. b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single dwelling unit, including conversion of an attached garage, in accordance with Section 30.91.040(B)(1). A JrADU is not permitted within a detached structure.
c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure. d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to, but not exceeding, 150 square feet beyond the physical dimensions of the existing structure. This provision applies even where the existing accessory structure exceeds the maximum allowable square footage for an ADU.

4. Attachment to an Existing Detached Garage:
a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU cannot be attached to any other existing accessory structures. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.

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 26 December 18, 2023 Item 06
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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. Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six feet between any buildings shall be maintained.

5. In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.

E. The ADU may be rented but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non-profit corporation per Government Code Section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.

F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code Section 65852.2(e)(4).

G. In accordance with California Government Code Section 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, 27 December 18, 2023 Item 06
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then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU.

For the purpose of this section:

1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.

2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.

3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.

4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from kitchen, living room, and hallway areas.

5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.

6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.

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). 28 December 18, 2023 Item 06
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8. The proposed conversion or relocation of square footage from the footprint of an existing ADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.

H. An ADU is not permitted within a building-restricted easement location.

I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):

1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.

2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows.

When staggering or offset of the window cannot be achieved, 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.
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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 heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU 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:
a. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public rightof-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 30 December 18, 2023 Item 06
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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. 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 right-ofway 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 31 December 18, 2023 Item 06
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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.

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 32 December 18, 2023 Item 06
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Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.

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.

3. Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet.
b. Attached ADUs may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.

4. Consistent with other residential development in the City and for the purpose of Chapter 30.91, height shall be measured in accordance with DMMC Section 30.04.080(A), except on those parcels that fall entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.
33 December 18, 2023 Item 06
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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. 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.

M. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:

1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the nonconforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040(M)(3).

2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.

3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.

4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.

5. In all cases, including the conversion of non-habitable, legal nonconforming structures noted in Section 30.91.040(M)(1), the ADU shall comply with Coastal resource protections that require the following additional setback requirements:
a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone.
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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 provide one off-street 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.
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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).
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 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.
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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.

U. ADUs shall not be located or approved where the ADU or JrADU is located on: a beach, a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program.
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V. The owner of an ADU is 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 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 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 38 December 18, 2023 Item 06
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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.

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 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. 39 December 18, 2023 Item 06
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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.

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. 40 December 18, 2023 Item 06
Ordinance No. XXXX

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 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.
41 December 18, 2023 Item 06
Ordinance No. XXXX

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).

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.
42 December 18, 2023 Item 06
Ordinance No. XXXX

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:

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. 43 December 18, 2023 Item 06
Ordinance No. XXXX

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.

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 44 December 18, 2023 Item 06
Ordinance No. XXXX

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 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 45 December 18, 2023 Item 06
Ordinance No. XXXX

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.
46 December 18, 2023 Item 06
Ordinance No. XXXX

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
47 December 18, 2023 Item 06
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
48 December 18, 2023 Item 06
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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.

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 Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which 50 December 18, 2023 Item 06
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3 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 as applicable in 30.91.030.E. The City shall ministerially approve or 51 December 18, 2023 Item 06
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4 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
structure or within a non-habitable space that would be converted to habitable space.
52 December 18, 2023 Item 06
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5 (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
property owner shall reside on the property in either the primary dwelling unit or in the ADU.
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6 (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 JrADU in a new structure or within a non-habitable space that would be converted to habitable space.
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7 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 Conservation Permit may be required through a separate
approval process for any excavation and grading activities 55 December 18, 2023 Item 06
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8 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:

1. California Government Code section 65852.2 provides that the Accessory Dwelling Unit statutes do not supersede or in any way 56 December 18, 2023 Item 06
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9 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.
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 57 December 18, 2023 Item 06
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10 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).
58 December 18, 2023 Item 06
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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 59 December 18, 2023 Item 06
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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.
60 December 18, 2023 Item 06
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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. Consistent with fire protection access requirements 61 December 18, 2023 Item 06
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14 applicable to all residential development in the City, a minimum of six feet between any buildings shall be maintained.

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.

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 62 December 18, 2023 Item 06
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15 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 transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be 63 December 18, 2023 Item 06
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16 offset to stagger the window placement in relation to the adjacent neighbor’s windows. When staggering or offset of the window cannot be achieved, 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 heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU 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:
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 64 December 18, 2023 Item 06
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17 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. e. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that 65 December 18, 2023 Item 06
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18 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.

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 66 December 18, 2023 Item 06
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19 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.

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.

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 67 December 18, 2023 Item 06
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20 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. 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.

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).
68 December 18, 2023 Item 06
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21 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.

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.
69 December 18, 2023 Item 06
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22 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).
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 70 December 18, 2023 Item 06
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23 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 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 71 December 18, 2023 Item 06
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24 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 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 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 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 72 December 18, 2023 Item 06
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25 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.

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 73 December 18, 2023 Item 06
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26 65852.22. The JrADU may be created within the walls of an attached garage as attached garages are considered to be within the walls of the primary dwelling unit consistent with State law.

B. A JrADU that is designed to meet all of the requirements in Section

30.91.050 shall be issued a permit in accordance with Section 30.91.030.

The City is preempted by State Law from requiring any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section 30.91.030(C)(5).

C. A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a single dwelling unit residential zone that allows JrADUs as identified in Section 30.91.020.

1. A JrADU shall not be permitted in a multiple dwelling unit, mixed use, or non-residential zone or on a lot with multiple dwelling unit development.

2. A JrADU shall be permitted only within the walls of a primary single dwelling unit, which can include an attached garage.

3. A lot with a JrADU may also contain a detached ADU on the lot in accordance with Section 30.91.040(B).

4. A JrADU shall not be permitted within a detached structure.

5. The maximum floor area ratio of a lot shall not prohibit development of a JrADU within the walls of the primary dwelling unit. Relocation of any converted square footage from the footprint of the JrADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s).

D. A JrADU shall be constructed entirely within the walls of an existing or proposed primary single dwelling unit and shall include the following:

1. A separate exterior entry to the primary dwelling unit that is separate from the main entrance;

2. A cooking facility with appliances, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and

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.
74 December 18, 2023 Item 06
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27 E. Post January 2025, the property owner shall reside on the property in either the primary dwelling unit or in the JrADU, unless the property is owned by a governmental agency, land trust or non-profit housing organization. The requirement for the property owner to reside in either the primary dwelling unit or in the JrADU shall also apply to properties developed with an ADU and JrADU.

F. The JrADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit, nor shall authorization be granted for a condominium conversion of a JrADU. If rented, the term for rental shall be for a term longer than 30 consecutive days.

G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.

H. A JrADU shall not be considered a separate or new dwelling unit for the purpose of any fire or life safety regulation. Fire or life safety requirements that apply to a single dwelling unit may be applied to the structure as a whole inclusive of the JrADU. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required for the JrADU.

I. An automatic residential fire sprinkler system shall not be required for a JrADU if the existing primary dwelling unit does not contain such a system.

J. A primary dwelling unit with the appropriate meter size shall not be subject to new water and sewer connection fees for conversion of existing floor space to a JrADU.

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

L. The owner of a JrADU is 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.
75 December 18, 2023 Item 06
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28 30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:

1. One ADU within the walls of the existing primary dwelling unit; or

2. One ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level at a maximum height not to exceed 16 feet above grade; or

3. One detached ADU per primary dwelling unit at a maximum height not to exceed 16 feet above grade.

4. The two ADUs shall not be attached to each other.

B. On a lot where multiple dwelling units are located within an existing structure that contains three or more dwelling units or within multiple structures that contain three or more dwelling units, the property owner shall be permitted to convert existing spaces within each multiple dwelling unit structure to ADUs as follows:

1. The maximum number of ADUs permitted in accordance with Section 30.91.060(B) shall not exceed 25 percent of the total number of existing dwelling units on the lot.

2. The existing space to be converted to an ADU shall not be located within, or solely owned or controlled by, an individual dwelling unit on the multiple dwelling unit lot.

3. Conversion of the space shall comply with the California Building Code Standards for a dwelling unit; unless inconsistent with State law.

4. Conversion of the space would not be in conflict with the existing permits applicable to the property by removing required access, open space, or recreation amenities.

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 76 December 18, 2023 Item 06
DRAFT 12/12/2023
29 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.
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 77 December 18, 2023 Item 06
DRAFT 12/12/2023
30 restricted income limits and applicable rental rates for a low-income household as established annually by the State of California.

B. The incentives may include fee waivers or refunds and other incentives adopted by Ordinance in addition to the following planning and zoning incentives:

1. On lots with single dwelling unit or duplex development (attached or unattached), one bonus unit of a maximum 500 square feet in size JrADU shall be awarded as a means to help the property owner offset the investment needed to create the rent restricted ADU. The bonus unit must comply with the provisions set forth in Section 30.91.050. Notwithstanding Section 30.91.050(A), a bonus unit may be developed as a JrADU in multiple dwelling unit zones for the purposes of the Incentive Program. In addition, a 500 square foot FAR bonus shall be awarded.

2. On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, shall be awarded bonus units (ADUs and/or JrADUs) at a percentage that is proportional to help offset the cost associated with creation of rent restricted units.
a. Owners shall identify and designate by deed restriction, covenant, and/or similar instrument each new deed restricted low-income unit to be created on-site, which may include a combination of any existing dwelling units and/or any new units developed per the Incentive Program.
b. Development of the bonus units must comply with the objective standards in Sections 30.91.060 and 30.91.050 except as follows:
i. New bonus units shall be located either within the walls of existing structures on-site within converted or re-purposed space and/or consolidated and co-located within a maximum of one new structure developed in compliance with
protections of the certified LCP for public scenic views, environmentally sensitive habitat areas, 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.
78 December 18, 2023 Item 06
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31 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. 79 December 18, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Second Reading and Adoption 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:

Adopt an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit (ADU) 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.

DISCUSSION/ANALYSIS:

On December 4, 2023, during a noticed public hearing, the City Council voted unanimously to introduce the Ordinance with two changes that were read into the record:
1) To require Design Review Board review of bonus unit development that involves construction of a new structure or remodel of the existing structure that involves relocation, alteration, or modification of the exterior of any structure for Incentive Program applications on multi-dwelling unit lots, prior to approval of the Administrative Coastal Development Permit; and
2) Identify a commitment for staff to return to City Council once 15 low-income units have been created by the program to evaluate and discuss next steps.

The City Council directed staff to modify Ordinance Section Three to require Design Review Board review in certain circumstances as a measure to minimize potential impacts to the surrounding neighborhood. The second modification was added to new Ordinance Section Thirteen to indicate that “once 15 low-income units have been created by the program, City staff shall return to City Council to evaluate and determine next steps” (i.e., whether the program should continue, be modified or expire). 1 December 18, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
December 18, 2023

The agenda report, correspondence, minutes, and video for the December 4, 2023, public hearing in which the ADU Incentive Program related Ordinance was introduced are posted on the City website at the following link: https://www.delmar.ca.us/AgendaCenter The proposed Ordinance does not amend the City’s certified LCP. Therefore, the Ordinance will be effective 30 days after City Council adoption.

HOUSING IMPACT: The Ordinance implements Housing Element Program 2A (Incentive Program to Create Low Income Units) and Program 5A (Preservation of Existing MultiUnit 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.

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.
2 December 18, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
December 18, 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. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the entire record, the Ordinance does not require a subsequent EIR or further environmental review.

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.

ATTACHMENT:

Attachment A – Ordinance to Amend the ADU Incentive Program 3 December 18, 2023 Item 07
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
4 December 18, 2023 Item 07
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, on July 11, 2023, the Planning Commission held a public workshop to discuss potential incentives related to the ADU Incentive Program; and WHEREAS, on September 12, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend approval of the Ordinance to the City Council; and
WHEREAS, on December 4, 2023, the City Council held a duly noticed public hearing and voted to introduce the ADU Incentive Program Ordinance; 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 5 December 18, 2023 Item 07
Ordinance No. XXXX

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:

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.
6 December 18, 2023 Item 07
Ordinance No. XXXX

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.

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
7 December 18, 2023 Item 07
Ordinance No. XXXX

(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
10 15 10 12-17
 Development of bonus units is subject to approval of an Administrative Coastal Development Permit 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.
 Development of bonus units that involves construction of a new structure or remodel of the existing structure that involves relocation, alteration, or modification of the exterior of any structure shall be subject to approval of a discretionary Design Review Permit in accordance with Del Mar Municipal Code Chapter 23.08 (Design Review), prior to approval of the required Administrative Coastal Development Permit.
8 December 18, 2023 Item 07
Ordinance No. XXXX

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 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 9 December 18, 2023 Item 07
Ordinance No. XXXX

 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 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.
10 December 18, 2023 Item 07
Ordinance No. XXXX

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.

SECTION THIRTEEN:

Once 15 low-income units have been created by the program, City staff shall return to City Council to evaluate and determine next steps.

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
11 December 18, 2023 Item 07
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
12 December 18, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: First Amendment to Agreement with Hinderliter de Llamas and Associates for Sales, Use and Transaction Tax Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement between the City of Del Mar and Hinderliter de Llamas and Associates (Attachment A) for Sales, Use and Transaction Tax Services, extending the agreement for an additional two-year period ending January 11, 2026; and 2) Authorize the City Manager to execute the First Amendment.

DISCUSSION/ANALYSIS:

The City entered into an initial three-year agreement (Agreement) with Hinderliter de Llamas and Associates (Consultant) on January 11, 2021 (Attachment B), to provide sales, use and transaction tax services. The service includes monitoring and analyzing the quarterly distribution reports for sales, use and Measure Q tax. The term of the initial Agreement is set to expire on January 10, 2024.

Section 2.1 of the Agreement allows for an additional two-year extension contingent upon satisfactory performance by the Consultant. During the term of the initial Agreement, the Consultant has been providing high quality services to the City and performing at a highly satisfactory level. For this reason, staff is proposing to extend the term of the Agreement for an additional two-year period ending on January 11, 2026.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Funds for sales, use and Measure Q tax services to be provided per the terms of the Agreement are available in the FY 2023-24 and 2024-25 Operating and Capital Budget. Funds for the upcoming fiscal years will be included in the two-year budget proposal for Council’s consideration.
1 December 18, 2023 Item 08
City Council Agenda Report
Amendment to Agreement for Sales, Use and Transaction Tax Services December 18, 2023

NEXUS TO COUNCIL PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

ATTACHMENTS:

Attachment A - First Amendment to the Agreement with Hinderliter de Llamas and Associates
Attachment B – Original Agreement with Hinderliter de Llamas and Associates (2021) 2 December 18, 2023 Item 08

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR

AND HINDERLITER DE LLAMAS AND ASSOCIATES

FOR SALES, USE AND TRANSACTION TAX SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 11th day of January, 2024, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Hinderliter de Llamas and Associates, a California corporation (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on January 11, 2021, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing sales, use and transaction tax services for a three-year period terminating January 10, 2024; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on January 11, 2021 and terminating January 11, 2026 (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment A
3 December 18, 2023 Item 08
City of Del Mar
First Amendment to HdL & Associates Services Agreement

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
HINDERLITER DE LLAMAS & ASSOC.

By:

Andrew Nickerson, President

ATTEST:

By:

Sarah Krietor, Administrative
Services Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
4 December 18, 2023 Item 08
Attachment B
5 December 18, 2023 Item 08
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15 December 18, 2023 Item 08
16 December 18, 2023 Item 08
17 December 18, 2023 Item 08
18 December 18, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Approval of Agreements for As-Needed Planning Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve consulting services agreements with 4LEAF, Inc. (Attachment A), PSOMAS (Attachment B), and Interwest Consulting Group (Attachment C) to provide as-needed planning services for an initial three-year period effective December 18, 2023, through December 18, 2026; and 2) Authorize the City Manager to execute the agreements.

DISCUSSION/ANALYSIS:

Like many agencies in the region, the Planning and Community Development Department is experiencing critical staffing shortages and has been operating understaffed for some time. While the City continues to make every effort to recruit to fill vacancies and adequately staff the Planning Division, there is an immediate need for on-call planning services.

These services include, but are not limited to, as-needed assistance with current and long range planning efforts, including Housing Element implementation actions; report preparation; conditions of approval related to development review processing for City staff review; assisting with design and landscape plan reviews; attending necessary public meetings and public hearings; and providing other processing-related services as deemed appropriate by the Planning and Community Development Director.

On October 23, 2023, the City issued a Request for Qualifications (RFQ 2023-08) soliciting proposals from qualified consultants to perform third-party planning services.

During the solicitation period, three proposals were received from 4LEAF, Inc., Interwest Consulting Group, and PSOMAS. The proposals were carefully evaluated by City staff based on experience and qualifications. Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided. 1 December 18, 2023 Item 09
City Council Agenda Report
Agreements for As-Needed Planning Services
December 18, 2023

After a thorough review of the submitted proposals, staff determined that 4LEAF, Inc., PSOMAS, and Interwest Consulting Group, are all qualified to meet the City’s current and future needs. All three firms have experience providing similar consulting services to other agencies. The purpose of having multiple firms under on-call, as-needed agreements is to allow the City to select which firms to work with based on their areas of expertise and availability as deadlines for projects approach and new projects arise. These agreements allow staff to reach out to one or more of these firms on a case-by-case basis depending on the nature of the work to be performed.

To ensure that critical operational needs and deadlines continue to be met, staff recommends that the City Council approve as-needed Agreements with the three identified firms (Attachments A, B, and C). The Agreements would be for an initial threeyear period beginning December 18, 2023, through December 18, 2026, with the option for the City Manager to extend the agreements for an additional two-year period based upon satisfactory service being provided during the initial contract period.

FISCAL IMPACT:

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

Sufficient funds for these as-needed planning services are available in the approved Fiscal Year 2023-2024 budget. Funds for these services will also be included in future fiscal year budgets for Council consideration.

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.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ATTACHMENTS:

Attachment A – Agreement with 4LEAF, Inc.

Attachment B – Agreement with PSOMAS
Attachment C – Agreement with Interwest Consulting Group 2 December 18, 2023 Item 09
Attachment A

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND 4LEAF, INC.

FOR AS-NEEDED, PLANNING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 18 TH day
of December 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and 4LEAF, Inc. (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide as-needed contract planning services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. Project Coordinator. Karen Brindley, Planning and Community Development Director is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Daniel Horter, AICP is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
3 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” Consultant shall bill the City for work provided and shall present a written request for such payment monthly.

City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors. 5 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

11. INSURANCE

11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement. 6 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City. 7 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this 8 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

If to City: If to Consultant
City of Del Mar 4 LEAF, Inc.

City Clerk Attn: Daniel Horter, AICP
1050 Camino del Mar 402 W. Broadway, Ste. 400
Del Mar, CA 92014 San Diego, CA 92101
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California. 9 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.

21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this 10 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
11 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services