Table of Contents
3-18-2024 Regular Meeting Agenda
Item 2 - Minutes
Item 3 - List of Demands
Item 5 - Housing APR
Item 6 - Agenda Report - Riverpath Ph 3 Helix TO Amendment 4 for NEPA Item 7- Agenda Report_Sewer Easement Dedication (1411 Via Alta) Item 8 - CC PF Zone Amendments
Item 9 - Establish Section 115 Trust
Item 10 - FY23 Final Financial Audit Report
Item 11 - FY24 Mid-Year Financial Report
Item 12 - Final AR-FY25 Advisory Committee Work Plans_final 2 9
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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, March 18, 2024 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). 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.
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.
Remote Participation: Due to technical issues, remote
participation will not be offered at this City Council meeting.
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.
Dave Druker
Mayor
Terry Gaasterland
Deputy Mayor
Tracy Martinez
Council Member
Dan Quirk
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 March 18, 2024
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 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. Measure Q Citizen Oversight Committee FY 2022-23 Measure Q Results
Recommended Action: Receive a presentation from Measure Q Citizen Oversight Committee Chair Alan Lonbom.
Reference: Clerk’s File No. 401-5
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.
2. Approval of Minutes: March 4, 2024 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
Del Mar City Council Regular Meeting March 18, 2024
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Ratification of List of Demands, dated March 18, 2024 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. Submittal of the 2023 Housing Element Annual Progress Report Recommended Action: Staff recommends the City Council authorize submittal of the City’s 2023 Housing Element Annual Progress Report (APR) (Attachment A) to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
Reference: Clerk’s File No. 304-7
6. Riverpath Del Mar Extension Project Phase 3 Task Order Recommended Action: Staff recommends that the City Council approve a $68,400 amendment to an existing task order with HELIX Environmental Planning for additional necessary environmental services related to the Riverpath Del Mar Extension Project Phase 3, and authorize the City Manager to execute the necessary documents.
Reference: Clerk’s File No. 406-1
7. Acceptance of a Grant Deed of Easement for Property Located at 1411 Via Alta
Applicant/Owner: KFH Properties LLC
Property Address: 1411 Via Alta
APN: 300-040-51-00 and 300-040-52-00
Recommended Action: It is recommended that the City Council approve the Resolution (Attachment A) that allows for the acceptance of a Grant Deed of Easement (Exhibit A to Attachment A) in favor of the City and authorizes the City Manager or their designee to record the Grant Deed of Easement.
Reference: Clerk’s File No. 1306-1
Del Mar City Council Regular Meeting March 18, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us X. PUBLIC HEARING
8. Housing-Related Amendments to the Central Commercial and Public Facilities Zones Including Adoption of a Resolution to Amend the Del Mar Community Plan and Introduction of an Ordinance to Amend the Zoning Code and Certified Local Coastal Program to Implement Housing Element Programs 1C and 1H
Recommended Action: It is recommended that the City Council take the following actions in compliance with the City’s certified 6th Cycle Housing Element (2021- 2029) to increase the local housing stock capacity as required per California Government Code Section 65863 and Housing Element Program 1C Central Commercial (CC) Zone and Program 1H Public Facilities (PF) Zone:
1) Approve the California Environmental Quality Act (CEQA) determination for the project per CEQA Guidelines Section 15162 based on substantial evidence in the record that the certified 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) covers the proposed actions and no further environmental document is required; and 2) Adopt a Resolution (Attachment A) to amend the Del Mar Community Plan (General Plan) by General Plan Amendment (GPA24-001); and 3) Introduce an Ordinance (Attachment B) to amend the Del Mar Municipal Code (DMMC) Central Commercial (CC) Zone regulations in Chapter 30.22 and Public Facilities (PF) Zone regulations in Chapter 30.31 that are within the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendments (ZA24-001/ZA24-002) and LCP Amendments (LCPA24-001/LCPA24-002).
Reference: Clerk’s File No. 304-7, 401-4, 401-9
XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS
9. Establishment of a Section 115 Trust for Pension Related Purposes Recommended Action: Staff recommends that the City Council: 1) Approve an agreement with Public Agency Retirement Services (PARS) for Section 115 Trust administration services (Attachment A); 2) Adopt a Resolution approving the adoption of the Public Agencies Post-Employment Benefits Trust for the purpose of prefunding pension obligations (Attachment B); 3) Authorize the City Manager or their designee to act as the City’s Plan Administrator of the Trust Program and execute the agreement and required documents; and 4) Authorize the initial transfer of $5 million from the Pension Reserve Fund to the Section 115 Trust Account.
Reference: Clerk’s File No. 209-2, 502-3
Del Mar City Council Regular Meeting March 18, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
10. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023 and Audited Financial Results
Recommended Action: Staff recommends that the City Council receive the June 30, 2023 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year (FY) 2022-23 Final Financial Report.
Reference: Clerk’s File No. 205-1
11. Fiscal Year 2023-24 Mid-Year Financial Report
Recommended Action: Staff recommends that the City Council: 1) Review the Fiscal Year (FY) 2023-24 Mid-Year Financial Report; and 2) Approve Resolution (Attachment A) amending the FY 2023-24 Operating and Capital Budget as included in Exhibit A of Attachment A, authorizing the reclassification of the Parking Enforcement Sergeant position to Parking and Community Enforcement Lieutenant position, and amending Management Professional Compensation Plan reflecting the reclassification included as Exhibit B to Attachment A.
Reference: Clerk’s File No. 202-5
12. Fiscal Year 2024-2025 Advisory Committee Work Plans Recommended Action: Staff requests that the City Council: 1) Review the proposed Fiscal Year (FY) 2024-2025 work plans for the City’s advisory committees (Attachment A); 2) Consider the work plan recommendations provided by staff included on Attachment B; and 3) Provide direction to staff as may be needed to approve the FY 2024-2025 advisory committee work plans.
Reference: Clerk’s File No. 401-5
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 (Martinez/Worden)
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 (Martinez/Druker) 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) (Martinez/Druker) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker)
Del Mar City Council Regular Meeting March 18, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
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/Gaasterland) 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.
April 1, 2024
Mayor's State of the City Address
Second Reading/Adoption of Ordinance Amending Central Commercial (CC) Zone and Public Facilities (PF) Zone (HE Implementation)
Del Mar City Council Regular Meeting March 18, 2024
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Agreement for State and Federal Legislative Advocacy Services (Tentative) St. Peters License Agreement (Tentative)
San Dieguito Drive MBI CEQA Task Order (Tentative)
EP24-021 (Del Mar Plaza, The Cottage) - New Trellis Structure Over Existing Sidewalk Café Safety Improvements at 13th Street Intersection
Roles and Responsibilities Related to SANDAG LOSSAN Rail Realignment Project Traffic and Parking Advisory Committee Appointment (Tentative pending recommendation from Council Liaisons)
Interviews and Appointment to the Design Review Board (Tentative pending sufficient applications received.)
Undergrounding Utility District UUD 1A City Retaining Wall Easements (Tentative) Undergrounding Utility District UUD X1A Pre-Construction Services Task Order Amendment (Tentative)
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 14th day of March, 2024 at approximately 3:00 p.m.
___________________________________________ 3/14/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
MARCH 4, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Druker called the meeting to order at 2:15 P.M.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CLOSED SESSION
A) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Regional Housing Needs Assessment (RHNA) Allocation Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.
B) Conference with Legal Counsel – Existing Litigation
City of Redondo Beach, City of Del Mar, et al v. State of California Superior Court of the State of California – County of Los Angeles Central District Case No. 22STCP01143
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
C) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Personnel Matter; and 2) Short Term Rental Regulations Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Councilmember Quirk was recused from item C1.
ADJOURNMENT
Mayor Druker adjourned the meeting at 4:20 P.M.
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
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CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 4, 2024
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 Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney reported that Deputy Mayor Gaasterland participated remotely in the February 20, 2024, Council Closed Session and Councilmember Quirk was recused from Item A. City Attorney Devaney reported that there were no legally reportable actions for the items on the February 20, 2024, closed session agenda. She reported that for Item A the Council discussed the process for negotiations with property owners after a final engineering report is complete. City Attorney Leslie Devaney reported that there were no reportable actions for the March 4, 2024 City Council Closed Session meeting.
Councilmember Quirk was recused from Item C1.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on Ocean Protection Council updates related to sea-level rise; passing of prior Del Mar mayors Harvey Shapiro, Henry Abarbanel, and Tom Pearson and their important service to the Del Mar community and in their respective fields; and upcoming City Council presentation from Greg Hearon of Coastal Frontiers. Deputy Mayor Gaasterland reported on her recent experience volunteering with Meals on Wheels in Del Mar.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the objective design standards public workshop with the Design Review Board on March 19, 2024 at 5:00 p.m.; EDCO Del Mar Recycles event on Saturday, March 16 from 9:00 a.m. – 12:00 p.m. in the lower parking lot at Shores Park; and rescheduled City Council Goals and Priorities Workshop that will be held on Monday, March 11, 2024 at 5:00 p.m. Administrative Services 2 March 18, 2024 Item 02
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March 4, 2024
Manager Krietor reported on the issues with the Town Hall audio visual equipment and reported that public meetings will be held in-person only until the equipment is replaced.
PRESENTATIONS
ITEM 1: FIRE DEPARTMENT 2023 SERVICE DELIVERY OVERVIEW (CLERK’S FILE NO. 1101-8)
Mayor Druker introduced the item. A presentation was provided by Fire Chief Joshua Gordon.
City Council questions focused whether the Fire department tracks calls for service at the Del Mar Fairground; fire risk, safety considerations, and regulations related to electric vehicle charging and lithium batteries; whether north county cities have considered consolidating fire service amongst all agencies; pet rescues; fire station lease; and how life assist calls are received by dispatch and the fire department.
There were no public speakers for the item.
ITEM 2: SANDAG DEL MAR BLUFFS PHASE 5 PROJECT PRESENTATION (CLERK’S FILE NO. 1005-2, 1506-1)
City Manager Jones introduced the item. A presentation was provided by San Diego Association of Governments (SANDAG) Senior Engineer Allie DeVaux.
City Council questions focused on potential impacts to the grunion run; construction noise; hotline phone number and hours; SANDAG Board vote to allocate requested funds for Del Mar Bluff Phase 5 Project (Project) mitigation work related to pedestrian access to other SANAD projects; anticipated timing for construction including installation of sea walls; construction staging locations and construction staging impacts on beach access; whether SANDAG is required to study and monitor the impacts of the sand retention on the beach; and expected useful life of the railroad tracks following completion of the Del Mar Bluff 5 projects. Community Services Director Jon Edelbrock responded to City Council questions related to potential impacts to lifeguard emergency response on the beach during Project construction.
Mayor Druker opened the item to public comment and Udo Wahn and Karl Willert spoke. Mayor Druker closed the item to public comment.
Council discussion focused on Lifeguard staff’s ability to respond to incidents at the beach and how that may be impacted by sea wall construction; lifeguard emergency response times; request for Council liaisons Druker and Gaasterland and staff to review the sea wall constructions plans for the Project; and desire to defer construction of the seawalls until later in the construction timeline or after the beach access improvements work has begun.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor 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 MARTINEZ, SECONDED BY DEPUTY MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 6. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
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City Council Regular Minutes
March 4, 2024
ITEM 3: APPROVAL OF MINUTES: FEBRUARY 20, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED MARCH 4, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 6: AGREEMENT FOR AS-NEEDED PRINTING SERVICES (CLERK’S FILE NO. 406-1) Council approved a professional services agreement with Del Mar Blue Print Company for as-needed printing, publishing, and scanning services for an initial three-year period effective March 4, 2024, through March 4, 2027; and authorized the City Manager to execute the agreement and any subsequent term extension amendments provided for under the Agreement contingent upon satisfactory performance, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 7: REVIEW RESULTS OF THE 2023 PAVEMENT CONDITION ASSESSMENT AND FIVEYEAR PAVEMENT MANAGEMENT PROGRAM (CLERK’S FILE NO. 901-2) An introduction to the item was provided by City Manager Jones. A presentation was provided by City consultant Peter Bucknam of Bucknam Infrastructure Group, Inc., Principal Engineer Karen Falk and Public Works Director Joe Bride were available to answer questions.
Council questions focused on budgeting for paving projects that will take place in conjunction with the City’s undergrounding project; specific streets that will be paved this fiscal year; process for benchmarking paving unit costs included in the report; whether the roadway condition of the private portion of San Dieguito Drive was evaluated; whether the Fairgrounds participates at all in covering the cost of the roadway repair; whether roads with bike lanes are evaluated using the same standards as other roadways; whether the application ‘My Roads’ is available to the public; and whether the City can do repairs for pot holes and tree roots outside of larger repaving projects.
There were no public speakers for the item.
Council discussion focused on the estimated paving schedule for the next five years and whether any streets that need repair were omitted from the list; feedback that the streets have been correctly identified; funding options; and appropriate time to discuss funding.
City Council consensus was to proceed with staff’s recommended action to budget $750,000 per year for citywide paving work, which could be reviewed and potentially increased on annual basis by Council as part of the City’s budget process.
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March 4, 2024
ITEM 8: SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT UPDATE AND RESOLUTION
INITIATING PROCEEDINGS FOR THE FORMATION OF THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT (CLERK’S FILE NO. 801-1, 803-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Project Manager II Martin Boyd and Public Works Director Joe Bride.
Council questions focused on clarification of the basis for the information being provided to residents in advance of a recommendation to the City Council; contents of the Engineer’s Report; and potential cost savings associated with combining this project with X1A undergrounding project.
Mayor Druker opened the item to public comment and the following people spoke:
1) Amy Cheshire
2) Beth Westburg
Mayor Druker closed the item to public comment.
Council discussion focused on next steps and the timing for bring an item to City Council.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO ADOPT RESOLUTION 2024-05, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF THE “CITY OF DEL MAR – SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT” AS PROVIDED FOR UNDER THE LANDSCAPE AND LIGHTING ACT OF 1972”, TO FUND NECESSARY IMPROVEMENTS TO SAN DIEGUITO DRIVE. (VOTE 4-1 WITH
COUNCILMEMBER QUIRK OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 9: CREATION OF A LOSSAN RAIL REALIGNMENT ADVISORY TASKFORCE AND
ADOPTION OF A RESOLUTION MEMORIALIZING CITY COUNCIL GUIDING PRINCIPLES FOR THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2, 1506-1)
A presentation was provided by Mayor Druker and Deputy Mayor Gaasterland.
Council questions focused on the application process for residents to apply to serve on the proposed Taskforce.
Mayor Druker opened the item to public comment and the following people spoke:
1) John Stahl
2) Angie Neglia with donations of time from Ross Neglia and Michael Boyle Mayor Druker closed the item to public comment.
Council discussion focused on the proposed resolution; formation of the Taskforce; considerations related to housing on the Fairgrounds; consideration to form the Taskforce at a later date after the NOP process is complete; City’s LOSSAN Rail Realignment Guiding Principles; and desire to request at least a 15-day extension from SANDAG in order for the City to have the time needed to properly review and respond to the Notice of Preparation (NOP).
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Council consensus was for Mayor Druker and Deputy Mayor Gaasterland to work with staff to facilitate the City Council’s response to the NOP.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY DEPUTY MAYOR GAASTERLAND TO ADOPT RESOLUTION 2024-06, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, MEMORIALIZING AND REAFFIRMING THE CITY COUNCIL
ADOPTED GUIDING PRINCIPLES RELATED TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS LOSSAN RAIL REALIGNMENT PROJECT”, WITH AMENDMENTS DELETING NUMBERS TWO – FIVE AND DELETING “WHEREAS” NUMBER FOUR. (VOTE 4-1 WITH COUNCILMEMBER QUIRK OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: CONSIDERATION OF AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH THE 22ND DISTRICT AGRICULTURAL ASSOCIATION (CLERK’S FILE NO. 406-1, 1502-10)
A presentation was provided by City Manager Jones.
Mayor Druker opened the item to public comment and the following people spoke:
1) Betty Wheeler
Mayor Druker closed the item to public comment.
Council questions and discussion focused on concerns raised related to use of affordable units as STRs; importance of the Exclusive Negotiating Rights Agreement (ENRA); and appreciation to City Manager Jones and City staff for their work on the ENRA.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY DEPUTY MAYOR
GAASTERLAND TO APPROVE AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH THE 22ND DISTRICT AGRICULTURAL ASSOCIATION; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:22 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 18, 2024
SUBJECT: Submittal of the 2023 Housing Element Annual Progress Report
REQUESTED ACTION/RECOMMENDATION
Staff recommends the City Council authorize submittal of the City’s 2023 Housing Element Annual Progress Report (APR) (Attachment A) to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
EXECUTIVE SUMMARY
State law (Government Code Section 65400) requires all local jurisdictions in California to annually report on Housing Element progress in terms of housing production and Housing Element program implementation. Each year the City is required to prepare an APR in accordance with the State’s guidelines and standard templates and present the APR to the City Council prior to submitting it to HCD and OPR by April 1, 2024.
The City is currently in its 6
th Housing Element Cycle (6th Cycle) covering years 2021-2029.
The current APR (Attachment A) covers the City’s progress during the timeframe from January 1 to December 31, 2023, and generally includes:
• An update on the status of the 6th Cycle Housing Element programs; • Information related to submitted development applications and completed entitlements; and
• Data representing the “net-new dwelling units” produced in 2023 to meet the City’s assigned 6th Cycle Regional Housing Needs Allocation (RHNA), which includes any proposed units that would be an addition to the existing housing stock. For the 2023 APR, this includes units with a building permit or certificate of occupancy between January 1 and December 31, 2023, and does not include approval of replacement units (e.g., the demolition and rebuilding of a single unit).
For the 6th Cycle, the City’s total housing unit obligation is 175 units. This includes 12 lowincome carryover units from the 5th Cycle in addition to the assigned 163 RHNA units, which includes 31 above moderate-income units, 31 moderate-income units, 64 low-income units, 1 March 18, 2024 Item 05
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Submittal of 2023 Housing Element APR
March 18, 2024
19 very low-income units, and 18 extremely low-income units. The State began counting unit production towards the City’s 6th Cycle unit obligation based on building permits issued as of June 30, 2020, as further explained in the analysis below. The City issued building permits (June 30, 2020 - December 31, 2023) for a cumulative total of 88 net-new units (35 above moderate and 53 moderate) that count toward the 6th Cycle RHNA, including 27 net-new units in 2023. The number of 6th Cycle units produced by income level and remaining RHNA obligation is comparable to housing development in prior years as shown below:
Income
Level
6 th Cycle RHNA +
5 th Cycle Carryover
2020/2021 2022 2023 Remaining RHNA
Obligation
Above
Moderate 31 units 12 units 11
units
12 units -
Moderate 31 units 22 units 16
units
15 units -
Low 76 units - - - 76 units
Very Low/
Extremely
Low
37 units - - - 37 units
TOTAL 175 units 34 units 27
units
27 units 113 units
The new units are all within the above moderate- and moderate-income categories and primarily have been produced as new accessory dwelling units (ADUs). The Housing Element sets forth a variety of strategies to produce at least 113 lower income units, which includes a combination of low-income, very low-income, and extremely low-income units. The City has two approved development projects that include lower income units, as well as multiple Housing Element program implementation projects in process that will facilitate lower income unit production in future progress reporting periods.
Cycle 1 Housing Acceleration Program (HAP) grant funds from the State, San Diego Association of Governments (SANDAG) and local resources have been invested to facilitate development of lower income units. This includes completion of Phase I studies in June 2022 and Phase II studies in January 2023, demonstrating the feasibility of affordable housing development on sites identified in the Housing Element sites inventory and additional opportunity sites. In addition to identifying architectural concepts and financial feasibility information for property owners, the studies are also facilitating preparation and processing of multiple housing-related ordinances in 2024 that will incentivize lower income unit production.
DISCUSSION/ANALYSIS:
APRs must be completed via the HCD-required Excel worksheet template, which HCD reviews and posts in the Housing Element Implementation Database on their website at:
https://www.hcd.ca.gov/community-development/housing-element/index.shtml 2 March 18, 2024 Item 05
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Submittal of 2023 Housing Element APR
March 18, 2024
The APR consists of the following sections (Tabs):
1. Housing Development Applications Submitted Report
2. Housing Production Progress Report
3. Permitted Units by Affordability Report
4. Sites Identified or Rezoned to Accommodate Shortfall Need
5. Program Implementation Status Report
6. Commercial Development Bonus Approval Report
7. Rehabilitated Units Report
8. Above Moderate Income Units Converted to Moderate Income
9. Locally Owned Land Disposal Report
10. Locally Owned Surplus Sites
11. Student Housing Developed with Density Bonus
12. Tenant Preference Policy
Below is a summary describing the data collected and included in the City’s 2023 APR (Attachment A) for each of the respective sections or “Tabs” in the worksheet.
1. New Housing Applications (Tab A)
Under this section of the APR, the City is required to report all applications the City has received for “net-new” housing units in calendar year 2023. In 2023, the City received 36 applications for net-new units, all of which were applications for ADUs. All 36 applications that were submitted are reflected in the HCD spreadsheet under Tab A. However, for clarity within this report, staff has listed below the 29 submitted applications that are still pending approval for future RHNA credit. It does not list the four ADU applications that were withdrawn after submittal, or the three applications that were issued building permits in 2023 as reflected in the HCD spreadsheet and staff analysis under #2 (Tab A2) below.
Units do not count towards the City’s RHNA until a building permit or certificate of occupancy is issued (i.e., if no building permit is required).
Table A below includes the 29 ADU applications in-process that have not yet been issued building permits, and which can be counted toward the 6th Cycle RHNA in a future APR once a building permit or certificate of occupancy is issued.
Table A - Applications In Process & Projected RHNA Contribution New Applications in
2023
Address Projected RHNA
ADU23-001 635 Hoska Drive 1 moderate unit
ADU23-005 2118 Ocean Front 1 moderate unit
ADU23-006 328 12th Street 1 moderate unit
ADU23-008 355 14th Street 1 moderate unit
ADU23-009 2194 San Dieguito Drive 1 moderate unit
ADU23-011 1130 Crest Road 1 moderate unit
ADU23-012 141 10th Street 1 moderate unit
ADU23-014 610 Nob Avenue 1 moderate unit
ADU23-015 610 Nob Avenue 1 moderate unit
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March 18, 2024
New Applications in
2023
Address Projected RHNA
ADU23-016 609 Amphitheatre Drive 1 moderate unit
ADU23-017 3004 Sandy Lane 1 moderate unit
ADU23-018 120 9th Street 1 moderate unit
ADU23-019 1408 Stratford Court 1 moderate unit
ADU23-020 567 Serpentine 1 moderate unit
ADU23-021 1945 Santa Fe 1 moderate unit
ADU23-022 1329 Stratford Court 1 moderate unit
ADU23-023 1215 Cuchara Drive 1 moderate unit
ADU23-024 636 Rimini Road 1 moderate unit
ADU23-025 2220 Ocean Front 1 moderate unit
ADU23-026 642 Hoska Drive 1 moderate unit
ADU23-027 511 11th Street 1 moderate unit
ADU23-028 145 13th Street 1 moderate unit
ADU23-029 129 8th Street 1 moderate unit
ADU23-030 122 24th Street 1 moderate unit
ADU23-032 1904 Balboa 1 moderate unit
ADU23-034 326 La Amatista 1 moderate unit
ADU23-035 467 15th Street 1 moderate unit
ADU23-036 274 Stratford Park Circle 1 moderate unit
ADU23-037 149 11th Street 1 moderate unit
Total RHNA Units in Process that are Anticipated to Count Toward the 6th Cycle Housing Element in Future APR
29 moderate
2. Housing Production Progress Report (Tab A2)
Under this section of the APR, the City must show the progress of all active applications/projects with net-new housing unit(s). For each unit reported, the City must identify which income affordability category applies: very low, low, moderate, and above moderate-income. The City must also report whether the project received an entitlement, building permit, certificate of occupancy, or other form of project readiness during the reporting year. However, only a building permit or certificate of occupancy (i.e., if no building permit is required) is used for the purpose of determining progress towards the City’s RHNA. To determine which units would apply to above moderate or moderateincome category, the City looked at the size of the ADU. For the purpose of this report, staff assumed that units smaller in size could be rented at lower rates than larger units. In 2023, building permits were issued for 27 net-new units as outlined in Table B below:
Table B - Housing Production Progress Toward 6th Cycle Housing Element Ref
#
Application Building Permit
Issuance Date
Address RHNA Credit
1 ADU20-036 7/17/2023 2610 Ocean Front 1 above
moderate unit
2 ADU21-016 6/26/2023 211 27th Street 1 moderate unit
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Ref
#
Application Building Permit
Issuance Date
Address RHNA Credit
3 ADU21-022 1/4/2023 222 9th Street 1 above
moderate unit
4 ADU21-028 1/30/2023 239 22nd Street 1 moderate unit
5 ADU21-034 7/24/2023 405 8th Street 1 above
moderate unit
6 ADU22-005 3/27/2023 244 26th Street 1 moderate unit
7 ADU22-006 9/19/2023 1310 Stratford Court 1 moderate unit 8 ADU22-009 8/22/2023 1921 Santa Fe 1 above
moderate unit
9 ADU22-012 8/14/2023 810 Klish Way 1 moderate unit
10 ADU22-018 10/11/2023 711 Hoska 1 moderate unit
11 ADU22-019 4/11/2023 1230 Oribia 1 moderate unit
12 ADU22-020 7/11/2023 334 Hidden Pines 1 above
moderate unit
13 ADU22-022 1/11/2023 125 Sherrie Lane 1 moderate unit 14 ADU22-023 6/12/2023 545 Rimini Road 1 moderate unit
15 ADU22-025 6/26/2023 1090 Klish Way 1 moderate unit
16 ADU22-026 7/18/2023 328 El Amigo 1 moderate unit
17 ADU22-029 7/24/2023 1571 Luneta 1 above
moderate unit
18 ADU22-031 12/11/2023 3000 Sandy Lane 1 moderate unit 19 ADU22-032 8/2/2023 465 Hidden Pines 1 above
moderate unit
20 ADU22-033 6/14/2023 561 Van Dyke 1 moderate unit
21 ADU22-034 10/3/2023 565 Van Dyke 1 above
moderate unit
22 ADU22-035 8/14/2023 101 11th Street 1 above
moderate unit
23 ADU22-036 8/28/2023 101 11th Street 1 above
moderate unit
24 ADU22-037 6/12/2023 157 Ocean View 1 above
moderate unit
25 ADU23-002 5/31/2023 1241 Umatilla 1 moderate unit
26 ADU23-003 12/7/2023 313 Luzon 1 moderate unit
27 ADU23-007 7/28/2023 629 Nob 1 above
moderate unit
Total Units Towards 6th Cycle RHNA 12 above
moderate units;
15 moderate
units
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3. Permitted Units by Affordability Report (Tab B)
Under this section of the APR, the City is required to show all units counted towards RHNA during the 6
th Cycle Housing Element planning period beginning June 30, 2020, through December 31, 2023 (and annually through year 2029). The start date for counting RHNA toward the 6th Cycle was confirmed in written correspondence from HCD to SANDAG on July 21, 2020, (and additional HCD guidance materials) clarifying that within the San Diego region, local jurisdictions may take 6th Cycle RHNA credit for new units approved, permitted and/or built starting June 30, 2020.
It is important to note that there is an error in the pre-populated data for the APR Tab B, which does not accurately reflect the City’s prior 6th Cycle Housing Element progress. HCD provides this information in a pre-populated worksheet for the City to enter its reporting data, but does not allow the City to modify any pre-populated data. This explains why the pre-populated data indicating lower unit counts for prior years does not align with what the City previously reported.
As shown above under Tab A2, the City issued 27 building permits for net-new units in the above-moderate and moderate-income categories in 2023, all of which were ADUs.
As of December 31, 2023, the City has issued building permits for a cumulative total of 88 net-new units that contribute toward the 6th Cycle RHNA, as shown in Table C below:
Table C – City of Del Mar 6th Cycle RHNA Obligation Status Income Category 6
th Cycle RHNA +
5 th Cycle Carryover
Units Permitted to
Date
Units Remaining
for 6
th Cycle
Very Low 37 0 37
Low 76 0 76
Moderate 31 53 0
Above Moderate 31 35 0
TOTAL 175 88
The City has exceeded its RHNA obligation for above moderate and moderate-income units.
While no 6th Cycle lower income units have been constructed to date, implementation of multiple lower income unit production programs to incentivize and generate those unit income categories are in process as further described below.
4. Sites Identified or Rezoned to Accommodate Shortfall Need (Not Applicable) This section of the APR is used to report if the City identified an unaccommodated need of sites from a previous planning period or a shortfall of sites that require completion of a rezone action in the Housing Element, or if a city has identified additional sites required by “no net loss” law pursuant to Government Code Section 65863.
No shortfalls have been identified; therefore, this section of the report is intentionally left blank. However, it should be noted that there is a carryover of 12 low-income units from the 5th Cycle Housing Element (2013-2021) that were added to the 6 th Cycle Housing
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Element RHNA obligation, and the City has adequate sites at sufficient density (i.e., allowing a density of at least 20 dwelling units per acre) in place with no associated requirement or need for completion of a rezone action.
5. Program Implementation Status Report (Tab D)
Under this section of the APR, the City is required to provide a status of all 45 housing programs within the 6
th Cycle Housing Element. A detailed status of each program is provided within the APR. A summary status of the housing programs is provided in Table D below.
Table D - Status of Del Mar 2021-2029 Housing Element Programs Program Status Number of Programs Programs
Completed 10 1A, 1B, 1F, 1J, 1K, 2A, 2B, 5A, 5B, 6A
Ongoing Programs 14 2D, 4C, 6C, 6F, 7A, 7B, 7C, 7D, 7E, 7F, 7G, 7H, 7I, 7J
Underway 16 1C, 1D, 1G, 1H, 1I, 2C, 2F, 3A, 3B, 4D, 4E, 5C, 6B, 6E, 6G, 6H
Not Implemented 5 1E, 2E, 4A, 4B, 6D
TOTAL 45
The following 10 programs have been completed:
o 1A Coastal Commission Certification of North Commercial Zone LCPA o 1B Coastal Commission Certification of Professional Commercial Zone LCPA o 1F Manufactured Housing Ordinance
o 1J Program for Coordination with Affordable Housing Developers o 1K Feasibility Studies for Infill Housing on Non-Vacant and Small Sites o 2A ADU Incentive Program
o 2B ADU Amnesty Program
o 5A Incentives to Preserve Existing Apartments/Condominiums and Create Affordable Units (processed with Program 2A Incentives) o 5B City Council Policy Requiring Housing Impact Statements in Staff Reports o 6A Posted Notice of SB 35 State Law Exemption for Coastal Cities The following programs are anticipated to be completed in 2024:
• Fairgrounds Affordable Housing (Program 3A): Significant State and local resources have been invested and milestones have been completed toward implementation of the City’s highest priority in an effort to secure an agreement with the State 22nd District Agricultural Association (DAA) by April 2024. An Exclusive Negotiating Rights Agreement (ENRA) was approved by the 22nd DAA (February 20, 2024) and the City (March 4, 2024) to continue to work toward development of at least 61 lower income affordable dwelling units on the Fairgrounds property. The purpose of the ENRA is to identify a mutually agreeable site for the development of affordable housing; complete site due diligence; 7 March 18, 2024 Item 05
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March 18, 2024
determine the scope/components of development; make a preliminary determination on the feasibility of the proposed development; and establish procedures and standards for the negotiation of a mutually acceptable long-term Ground Lease agreement for development of affordable housing. • Affordable Housing on City-Owned Sites (Program 3B): The City completed feasibility studies in June 2022 demonstrating the feasibility of development of lower income units on two vacant City-owned parcels on 10th Street and 28th Street that are listed in the Housing Element sites inventory. The City will be soliciting interest from non-profit organizations in 2024 and identifying next steps for potential development projects.
• Public Facilities-Related Clean Up Actions (Program 1H): Adopted by City Council January 2023; pending Coastal Commission certification. • Central Commercial and Public Facilities (Programs 1C and 1H and 6B): In process to amend the CC and PF Zones to allow residential up to 20 du/acre.
Pending City Council adoption April 2024; Coastal Commission certification. • Density Bonus Ordinance Update (Program 1G): In process. Pending City Council adoption in 2024.
• Inclusionary Housing and Condominium Conversion Ordinances (Programs 4D and 4E): In process. Pending City Council adoption in 2024 • Short Term Rental Regulations (Program 5C): In process. Pending City Council adoption in 2024.
• Senate Bill 9 Ordinance/LCPA (Program 6B): Adopted by City Council June 2023; pending Coastal Commission certification.
• ADU Ordinance and Tiny Homes Regulations (Program 6B and 2F): Adopted by City Council December 2023; pending Coastal Commission certification. • Promotion of ADU Incentive Programs (Program 2C): The City created a dedicated webpage to highlight the ADU Incentive Program for lower income units and the ADU Amnesty Program and published news articles on the City webpage that are distributed to the community. Additional promotion will occur when the ADU Ordinance is certified by the Coastal Commission.
• Objective Design Standards (Program 6G): In process to establish citywide standards for multi-unit projects eligible for by-right processing. Pending City Council adoption in 2024.
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• New Environmental Justice Element in process (Program 6E): In process.
Pending City Council adoption in 2024.
• Safety Element Update (Program 6H): In process. Pending City Council adoption in 2024
• Affordable Housing Overlay Zone/Site-Specific Incentives (Programs 1D and 1I): The City completed feasibility studies (architectural concepts and economic studies) in January 2023 demonstrating the feasibility of development of lower income units on various sites listed in the Housing Element sites inventory. If the City has not secured agreements for or produced at least 30 lower income units by April 2025, the City must create a new overlay zone and implement amendments to increase feasibility.
• Mid Cycle ADU Production Evaluation (Program 2E): This will be initiated in conjunction with the 2024 Housing APR report and presented to the City Council in March 2025.
• Supportive Housing-Related Amendments (Programs 4A and 4B): Not started. Pending City Council adoption by December 2024. • Solar Panel Installation Partnership (Program 6D): Not started. This will be implemented in conjunction with Climate Action Plan implementation.
The City has no qualifying units or data to report for sections 6 through 12 (intentionally left blank in worksheet) including the Commercial Development Bonus Approval Report, Rehabilitated Units Report, Above Moderate Income Units Converted to Moderate Income, Locally Owned Lands, Locally Owned Surplus Sites, Student Housing Developed with Density Bonus, and Tenant Preference Policy.
HOUSING IMPACT STATEMENT:
The requested action includes submittal of the City’s 2023 Housing Element Annual Progress Report to HCD. The report shows a net new 27 units issued building permits within the City of Del Mar in 2023, which is a positive impact on the City’s existing housing supply. 2023 HOUSING ELEMENT APR SUMMARY:
Following are key takeaways from the City’s 2023 APR:
1) 36 permit applications were received for net-new units in 2023 2) 27 net-new units were issued building permits in 2023 o 15 - moderate-income units
o 12 - above-moderate income units
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3) 40 of the 45 total Housing Element Programs have been initiated with milestones completed and/or implementation in process, which includes ongoing programs 4) A cumulative total of 88 net-new RHNA units have been produced in the City’s 6th Cycle (commencing June 30, 2020).
o 35 – above-moderate income units
o 53 – moderate-income units
FISCAL IMPACT:
There is no fiscal impact or fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Processing of the Housing Element Annual Progress Report is an operational project that is required to be processed each year to comply with State law.
ATTACHMENTS:
Attachment A – City of Del Mar 2023 APR
10 March 18, 2024 Item 05
Jurisdiction Del Mar
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 15
12 27
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 1
2 to 4 units per structure 0 0 0
5+ units per structure 50 0 0
Accessory Dwelling Unit 32 27 19
Mobile/Manufactured Home 0 0 0
Total 82 27 20
Infill Housing Developments and Infill Units Permitted # of Projects Units 27 27
0 0
36 32
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications Applications Units Ministerial 36 32
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 45 0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
04/30/2021 - 04/30/2029
Units Constructed - SB 35 Streamlining Permits
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
11 March 18, 2024 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status
Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes
+
Summary Row: Start Data Entry Below 0 0 0 0 0 36 0 32 0 0 300-252-16 635 Hoska Drive ADU23-001 ADU23-001 ADU O 1/10/2023 1 1 NONE No N/A Approved Ministerial 300-143-50 1241 Umatilla ADU23-002 ADU23-002 ADU O 1/26/2023 1 1 NONE No N/A Approved Ministerial 299-186-18 313 Luzon ADU23-003 ADU23-003 ADU O 2/7/2023 1 1 NONE No N/A Approved Ministerial 300-221-29 402 9th Street ADU23-004 ADU23-004 ADU O 3/27/2023 1 NONE No N/A Withdrawn Ministerial 299-137-02 2118 Ocean Front ADU23-005 ADU23-005 ADU O 3/28/2023 1 1 NONE No N/A Approved Ministerial 300-075-07 328 12th Street ADU23-006 ADU23-006 ADU O 4/17/2023 1 1 NONE No N/A Approved Ministerial 300-233-04 629 Nob Avenue ADU23-007 ADU23-007 ADU O 4/17/2023 1 1 NONE No N/A Approved Ministerial 300-020-18 355 14th Street ADU23-008 ADU23-008 ADU O 4/18/2023 1 1 NONE No N/A Approved Ministerial 299-100-16 2194 San Dieguito Drive ADU23-009 ADU23-009 ADU O 4/24/2023 1 1 NONE No N/A Approved Ministerial 300-094-07 149 11th Street ADU23-010 ADU23-010 ADU O 4/25/2023 1 NONE No N/A Withdrawn Ministerial 300-145-04 1130 Crest Road ADU23-011 ADU23-011 ADU O 5/16/2023 1 1 NONE No N/A Approved Ministerial 300-171-05 141 10th Street ADU23-012 ADU23-012 ADU O 6/12/2023 1 1 NONE No N/A Pending Ministerial 299-021-23 2730 Camino del Mar ADU23-013 ADU23-013 ADU O 6/20/2023 1 NONE No N/A Withdrawn Ministerial 300-234-07 610 Nob Avenue ADU23-014 ADU23-014 ADU O 6/29/2023 1 1 NONE No N/A Approved Ministerial 300-234-04 610 Nob Avenue ADU23-015 ADU23-015 ADU O 6/29/2023 1 1 NONE No N/A Approved Ministerial 300-243-04 609 Amphitheatre ADU23-016 ADU23-016 ADU O 7/3/2023 1 1 NONE No N/A Approved Ministerial 299-020-43 3004 Sandy Lane ADU23-017 ADU23-017 ADU O 7/27/2023 1 1 NONE No N/A Approved Ministerial 300-171-12 120 9th Street ADU23-018 ADU23-018 ADU O 8/21/2023 1 1 NONE No N/A Approved Ministerial 300-011-15 1408 Stratford Court ADU23-019 ADU23-019 ADU O 8/21/2023 1 1 NONE No N/A Pending Ministerial 299-260-32 567 Serpentine Drive ADU23-020 ADU23-020 ADU O 8/21/2023 1 1 NONE No N/A Pending Ministerial 299-142-02 1945 Santa Fe ADU23-021 ADU23-021 ADU O 8/22/2023 1 1 NONE No N/A Approved Ministerial 300-012-10 1329 Stratford Court ADU23-022 ADU23-022 ADU O 8/24/2023 1 1 NONE No N/A Approved Ministerial 300-390-11 1215 Cuchara Drive ADU23-023 ADU23-023 ADU O 8/24/2023 1 1 NONE No N/A Approved Ministerial 300-143-24 636 Rimini Road ADU23-024 ADU23-024 ADU O 9/20/2023 1 1 NONE No N/A Pending Ministerial 299-097-02 2220 Ocean Front ADU23-025 ADU23-025 ADU O 9/26/2023 1 1 NONE No N/A Pending Ministerial 300-251-28 642 Hoska Drive ADU23-026 ADU23-026 ADU O 9/28/2023 1 1 NONE No N/A Pending Ministerial 300-410-13 511 11th Street ADU23-027 ADU23-027 ADU O 10/12/2023 1 1 NONE No N/A Approved Ministerial 300-072-05-01 145 13th Street ADU23-028 ADU23-028 ADU O 10/17/2023 1 1 NONE No N/A Pending Ministerial 300-181-04 129 8th Street ADU23-029 ADU23-029 ADU O 10/19/2023 1 1 NONE No N/A Approved Ministerial 299-095-05 122 24th Street ADU23-030 ADU23-030 ADU O 10/19/2023 1 1 NONE No N/A Pending Ministerial 299-072-10 2160 Balboa Avenue ADU23-031 ADU23-031 ADU O 11/22/2023 1 NONE No N/A Withdrawn Ministerial 299-174-04 1904 Balboa ADU23-032 ADU23-032 ADU O 11/29/2023 1 1 NONE No N/A Pending Ministerial 300-234-09 326 La Amatista ADU23-034 ADU23-034 ADU O 12/1/2023 1 1 NONE No N/A Pending Ministerial 300-030-18 467 15th Street ADU23-035 ADU23-035 ADU O 12/6/2023 1 1 NONE No N/A Pending Ministerial 301-320-16 274 Stratford Park Circle ADU23-036 ADU23-036 ADU O 12/21/2023 1 1 NONE No N/A Pending Ministerial 300-094-07 149 11th Street ADU23-037 ADU23-037 ADU O 12/21/2023 1 1 NONE No N/A Pending Ministerial Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
12 March 18, 2024 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 4 0 6 0 0 16 56 82
300-060-25 1305 Crest Road B2022-0005 B2022-0005 SFD O 0 300-143-50 1241 Umatilla ADU23-002 ADU23-002 ADU O 1 4/19/2023 1 300-182-14-02 125 Sherrie Lane ADU22-022 ADU22-022 ADU O 0 300-390-13 1227 Cuchara Drive ADU22-014 ADU22-014 ADU O 299-185-05 355 Bellaire Street ADU22-011 ADU22-011 ADU O 300-222-08 401 9th Street ADU22-010 ADU22-010 ADU O
299-185-05 355 Bellaire Street ADU22-007 ADU22-007 ADU O 0 299-062-12 244 26th Street ADU22-005 ADU22-005 ADU O
0 300-263-20 919 Klish Way ADU22-002 ADU22-002 ADU O 0
301-023-02 223 Ocean View ADU21-031 ADU21-031 ADU O 0
300-071-12 118 13th Street ADU21-029 ADU21-029 ADU O
0 299-132-05 239 22nd Street ADU21-028 ADU21-028 ADU O
0 301-025-09 437 Pine Needles ADU21-027 ADU21-027 ADU O 0 299-066-14 137 26th Street ADU21-026 ADU21-026 ADU O
0 299-021-26 2808 Ocean Front ADU21-025 ADU21-025 ADU O 0 301-022-04 156 Ocean View ADU21-018 ADU21-018 ADU O
0 300-174-18 113 9th Street ADU21-017 ADU21-017 ADU O
0 300-242-10 1070 Klish Way ADU21-015 ADU21-015 ADU O
0 301-033-34 421 Ocean View ADU21-014 ADU21-014 ADU O
0 300-272-11 740 Crest Road ADU21-001 ADU21-001 ADU O 0 299-220-36 402 Serpentine ADU20-037 ADU20-037 ADU O
0 299-200-56 1604 San Dieguito ADU20-032 ADU20-032 ADU O 0 300-400-21 1128 Cuchara Drive ADU20-025 ADU20-025 ADU O 0 300-233-04 629 Nob Avenue ADU23-007 ADU23-007 ADU O 1 5/5/2023 1 299-186-18 313 Luzon ADU23-003 ADU23-003 ADU O 1 4/19/2023 1 301-023-08 157 Ocean View ADU22-037 ADU22-037 ADU O 1 2/21/2023 1 300-094-01 101 11th Street ADU22-036 ADU22-036 ADU O 1 3/27/2023 1 300-094-01 101 11th Street ADU22-035 ADU22-035 ADU O 1 3/27/2023 1 300-030-52 565 Van Dyke ADU22-034 ADU22-034 ADU O 1 7/24/2023 1 300-030-50 561 Van Dyke ADU22-033 ADU22-033 ADU O
0 301-024-33 465 Hidden Pines ADU22-032 ADU22-032 ADU O 1 2/6/2023 1 299-020-06 3000 Sandy Lane ADU22-031 ADU22-031 ADU O
0 299-280-51 1571 Luneta ADU22-029 ADU22-029 ADU O 1 4/24/2023 1 300-331-09 328 El Amigo ADU22-026 ADU22-026 ADU O 1 4/11/2023 1 300-242-09 1090 Klish Way ADU22-025 ADU22-025 ADU O 1 1/30/2023 1 300-390-09 545 Rimini Road ADU22-023 ADU22-023 ADU O
0 301-024-03 334 Hidden Pines ADU22-020 ADU22-020 ADU O 1 3/17/2023 1 300-153-03 1230 Oribia ADU22-019 ADU22-019 ADU O
0 300-272-20 711 Hoska Drive ADU22-018 ADU22-018 ADU O 1 4/7/2023 1 300-251-15 810 Klish Way ADU22-012 ADU22-012 ADU O
0 299-142-08 1921 Santa Fe ADU22-009 ADU22-009 ADU O 0
300-011-11 1310 Stratford Court ADU22-006 ADU22-006 ADU O 0 300-232-32 405 8th Street ADU21-034 ADU21-034 ADU O 0 300-172-12 222 9th Street ADU21-022 ADU21-022 ADU O 0
299-062-01 211 27th Street ADU21-016 ADU21-016 ADU O
0 299-065-07 2610 Ocean Front ADU20-036 ADU20-036 ADU O 0 299-100-48 Vacant CDP21-005 CDP21-005 5+ O 4 6 40 11/17/2023 50 300-390-11 1215 Cuchara Drive ADU23-023 ADU23-023 ADU O 1 12/4/2023 1 300-012-10 1329 Stratford Court ADU23-022 ADU23-022 ADU O 1 11/1/2023 1 299-142-02 1945 Santa Fe ADU23-021 ADU23-021 ADU O 1 12/23/2023 1 300-171-12 120 9th Street ADU23-018 ADU23-018 ADU O 1 12/21/2023 1 299-020-43 3004 Sandy Lane ADU23-017 ADU23-017 ADU O 1 12/15/2023 1 300-243-04 609 Amphitheatre ADU23-016 ADU23-016 ADU O 1 10/27/2023 1 300-234-07 610 Nob ADU23-015 ADU23-015 ADU O 1 9/20/2023 1 300-234-07 610 Nob ADU23-014 ADU23-014 ADU O 1 9/20/2023 1 300-145-04 1130 Crest Road ADU23-011 ADU23-011 ADU O 1 9/25/2023 1 299-100-16 2194 San Dieguito ADU23-009 ADU23-009 ADU O 1 9/19/2023 1 300-020-18 355 14th Street ADU23-008 ADU23-008 ADU O 1 9/7/2023 1 300-075-07 328 12th Street ADU23-006 ADU23-006 ADU O 1 6/26/2023 1 299-137-02 2118 Ocean Front ADU23-005 ADU23-005 ADU O 1 9/29/2023 1 300-252-16 635 Hoska ADU23-001 ADU23-001 ADU O 1 4/17/2023 1 299-065-06 2614 Ocean Front ADU22-043 ADU22-043 ADU O 1 4/25/2023 1 299092-16 210 23rd Street ADU22-041 ADU22-041 ADU O 1 2/2/2023 1 300-251-14 820 Klish Way ADU22-040 ADU22-040 ADU O 1 3/15/2023 1 300-074-11 207 13th Street ADU22-038 ADU22-038 ADU O 1 3/14/2023 1 301-024-26 339 Hidden Pines ADU22-021 ADU21-021 ADU O 1 1/11/2023 1 1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 13 March 18, 2024 Item 05
Cells in grey contain auto-calculation formulas
8 9 11 12
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 15 12 27 0 0 0 0 0 15 8 20
0 1 6/30/2023 1
1 5/31/2023 1 1 11/14/2023 1
1 1/11/2023 1 1 10/31/2023 1
1 8/21/2023
1 10/9/2023
1 4/3/2023
0 1 10/9/2023 1
1 3/27/2023 1 1 12/8/2023 1
0 1 7/28/2023 1
0 1 6/14/2023 1
0 1 7/13/2023 1
1 1/30/2023 1 1 12/27/2023 1
0 1 9/7/2023 1
0 1 10/13/2023 1
0 1 5/4/2023 1
0 1 2/7/2023 1
0 1 3/22/2023 1
0 1 7/17/2023 1
0 1 4/13/2023 1
0 1 7/11/2023 1
0 1 9/19/2023 1
0 1 7/7/2023 1
0 1 10/18/2023 1
1 7/28/2023 1 0
1 12/7/2023 1 0
1 6/12/2023 1 0
1 8/28/2023 1 0
1 8/14/2023 1 0
1 10/3/2023 1 0
1 6/14/2023 1 0
1 8/2/2023 1 0
1 12/11/2023 1 0
1 7/24/2023 1 0
1 7/18/2023 1 0
1 6/26/2023 1 0
1 6/12/2023 1 0
1 7/11/2023 1 0
1 4/11/2023 1 0
1 10/11/2023 1 0
1 8/14/2023 1 0
1 8/22/2023 1 0
1 9/19/2023 1 0
1 7/24/2023 1 0
1 1/4/2023 1 0
1 6/26/2023 1 0
1 7/17/2023 1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Note: "+" indicates an optional field
14 March 18, 2024 Item 05
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 0
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y DB 0.0%
4 Development
Standards
Modification
No
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Density Bonus Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
15 March 18, 2024 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2020-
04/29/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 15 8 15 15 - - - - - -
Above Moderate 31 5 6 11 12 - - - - - - 34 -
163
20 14 26 27 - - - - - - 87 101
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date
Total Units
Remaining
19 - - - - - - - - - - 19
64 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
53 Moderate
37 64
31 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
37 16 March 18, 2024 Item 05
Jurisdiction Del Mar
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A North Commercial
Finalize Coastal Commission certification of
local approvals gained during 5th Cycle to
allow 20 du/ac on select parcels
(ordinance/LCPA)
Obtained Coastal Commission final certification June 2022 Complete 1B Professional Commercial
Finalize Coastal Commission certification of
local approvals gained during 5th Cycle to
allow 20 du/ac on select parcels
(ordinance/LCPA)
Obtained Coastal Commission final certification June 2022 Complete 1C Central Commercial Amend the CC Zone to allow 20 du/ac (plan amendment and ordinance/LCPA)
Completed site-specific study of feasibility of vacant parcels on 10th Street - January 2023. Resolution/Ordinance in FY 23/24 to modify CC zone density by April 2024
Partial Completion/In process
1D Economic Study and Affordable
Housing Overlay Zone
Conduct Phase II economic study and
zoning assessment. Evaluate whether to
create overlay zone. Coordinate with
stakeholders (hotels, Plaza, multi-dwelling in
RM zones) and present findings to City
Council. If City has not secured at least 30
affordable units by December 2025 must
proceed with overlay zone. (economic
study; potential ordinance/LCPA)
Completed site-specific study of feasibility of vacant parcels on 10th Street (CC zone), RM-South hypothetical nonconforming multi-unit, Del Mar Plaza - January 2023.
Ordinance in FY 23/24 and 24/25 to create Overlay Zone by December 2025.
Partial Completion/In process
1E Rezone of Vacant Land on North
Bluff/South Stratford Properties
(contigency program only)
If the City is unable to reach an agreement
with the State, then must implement rezone
to 20-25 du/ac by right via overlay zone to
create capacity for at least 54 lower income
units.
This contingency program is required by April 2024 only if Program 3A is not completed. If required, City would
complete General Plan Amendment and Zoning
Ordinance/LCPA.
N/A (The need for this contingency program has not yet been triggered) 1F Manufactured Housing Update needed per State law
(ordinance/LCPA) Obtained City Council adoption September 18, 2023 Complete 1G Density Bonus Updated needed per State Law
(ordinance/LCPA) Ordinance/LCPA in FY 23-24 for adoption by June 2024 In process 1H Public Facilities Zone
Process LCPA for 28th Street lot by
December 2022. Amend PF zone by April
2024 to clarify that affordable housing is
allowed use in PF zone (with Shores Park
excluded). (ordinance/LCPAs)
Completed Council Adoption of Ordinance/LCPA for 28th
Street lot in PF zone - January 2023; CCC submittal and certification of LCPA is pending. Pending Ordinance/LCPA in FY23-24 for adoption by April 2024. Coordination with Habitat for Humanity or similar non-profit by April 2024 for
development of City-owned sites at 10th Street and 28th Street
Partial Completion/In process
1I Streamlining Incentives for Affordable
Housing
Conduct Phase II economic study and
zoning assessment. Evaluate existing
regulations and identify potential incentives.
Process ordinance to make incentives
available to facilitate affordable housing.
(Studies and ordinance/LCPA)
Completed Phase II feasibility studies and consideration of incentives - January 2023. Pending Ordinance/LCPA in FY23- 24 for adoption by December 2023.
Partial Completion/In process
1J Establish Program for Coordination with
Affordable Housing Developers
Establish program for regular outreach with
San Diego Housing Federation and
affordable housing developers. Use for
mutual benefit to gain insight towards
development of realistic strategies to
facilitate affordable housing, including
strategies that can work at the Fairgrounds.
(outreach/meetings)
City staff coordinated with San Diego Housing Federation staff (Laura Nunn). Additional ongoing outreach and
coordination to occur via San Diego Housing Federation
subcommittees when new housing opportunities become
available.
Complete
1K Infill Affordable Housing on Non-Vacant
and Small Sites
Conduct Phase II economic study and
zoning assessment of privately-owned sites
in sites inventory. Identify potential changes
to facilitate affordable housing via
Ordinance/LCPA per Program 1I.
(Economic study/zoning assessment)
Completed Phase II site-specific studies demonstrating
feasibility of non-vacant and small sites in NC and PC zones - January 2023
Complete
2A Extend and Enhance ADU Pilot Program -
Incentive Program
Process an extension of the current
incentive program by May 2022. Prepare an
economic study and zoning assessment.
Process ordinance to incorporate additional
incentives and/or program modifications to
increase participation in the program.
(Ordinance to add incentives/modify
program)
Adopted an ordinance extending the current incentive
program - May 2022. Completed feasibility study and
identified incentives to expand program - January 2023.
Adopted enhanced ADU incentive program December 18,
2023
Complete
2B ADU Amnesty Program
Establish ADU Amnesty Program to allow
owners with unpermitted ADUs to legalize
the ADUs so that the City can count them
toward its inventory. The intent is to spur
production of units for moderate and lowincome households. (resolution/ordinance) City Council adopted policy by resolution December 4, 2023 Complete 2C Promotion of Deed-Restricted Low
Income ADUs
Develop outreach materials to promote
deed restricted low income ADUs with goal
to reach at least 15 low income ADUs to
meet RHNA. (web update/outreach)
Created dedicated web page and newsflash articles for
program as initial outreach effort - May 2022. Additional outreach and promotion occurred with completion of the
Program 2A ordinance.
Partial Completion/In Process
2D Tracking of ADU Progress
ADU progress is reported as part of Annual
Progress Reports that are presented to the
City Council and submitted to HCD on an
annual basis in March each year.
(spreadsheet tracking & reports to Council)
APR reports to-date show that ADU production from 2021- 2023 has been the most successful strategy toward local production of new housing units in the moderate and above moderate household income categories.
Ongoing
2E Mid Cycle ADU Production Evaluation
Conduct a mid-cycle progress evaluation
that accounts for the cumulative 2021-2024
production as reported to HCD in April
2025. Process additional amendments to
the ADU Incentive Program if needed to
spur production of ADUs for low-income
households. (spreadsheet tracking &
potential ordinance)
APR reports identifying ADU production status will continue to be completed on an annual basis. Processing of an
ordinance to further amend the ADU Incentive Program
(Program 2A) will only be required if, by April 2025, the City has not reached its goal of at least 15 ADUs for low income households.
Not started
2F Tiny Houses
Process an ordinance to clarify tiny houses
are allowed in accordance with the ADU
regulations. Identify additional
circumstances where tiny houses can be
allowed. The intent is to spur production of
units for moderate and low-income
households. (ordinance/LCPA)
Adopted ADU Ordinance on December 18, 2023, which
included implementation of regulations for Tiny Homes.
Pending Coastal Commission certification.
In process
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 17 March 18, 2024 Item 05
3A Agreement with the State to Building
Affordable Housing Units on State
Fairgrounds Property
Initiate process to secure a binding
agreement with the State’s 22nd District
Agricultural Association (DAA) and General
Services Department. The objective is to
secure approval of a binding agreement
with the State by April 2024 that will allow
development of at least 54 lower income
units on the State Fairgrounds property
(located within the City of Del Mar) that will
allow the units to be counted towards the
City’s RHNA. (agreement)
Completed Phase I economic study of market conditions,
assessment of multi-unit product types, and identification of potential funding sources for affordable housing on State Fairgrounds – June 2022. Selected and executed agreement with affordable housing consultant - July 2022. An Exclusive Negotiating Rights Agreement (ENRA) was approved by the 22nd DAA (February 20, 2024) and the City (March 4, 2024) to continue to work toward development of at least 61 lower income affordable dwelling units on the Fairgrounds property.
In process
3B Feasbility/Suitability of Affordable
Housing on Publicly Owned Sites
Conducted Phase I economic study and
zoning assessment of three publicly owned
sites in the sites inventory including the
State Fairgrounds and two City-owned
vacant lots on 10th Street and 28th Street.
Prepared site-specific concepts for multiunit product types that are eligible for tax credit programs, estimated costs, and
identified potential funding sources for
development of affordable housing. Sitespecific implementation via Programs 1H and 3A. (Economic study/zoning
assessment)
Completed Phase I feasibility studies of publicly-owned properties – June 2022. The City will be soliciting interest from non-profit organizations in 2024 and identifying next steps for potential development projects.
In process
4A Residential Care Facilities Process ordinance for compliance with State law (ordinance/LCPA) Ordinance/LCPA in FY 23/24 for adoption by June 2024. Not started 4B Emergecy Shelters, Transitional
Housing and Supportive Housing, and Low
Barrier Navigation Centers
Process ordinance for compliance with
State law. Develop procedures to connect
public with resources. (ordinance/LCPA and
policy/procedures)
Develop policy/ procedures and Ordinance/LCPA in FY 23/24 for adoption by June 2024. Not started
4C Shared Housing Program
Continue to offer shared housing
program/free roommate referral services
via Del Mar Community Connections
(outreach)
Existing program offered by Del Mar Community Connections. Ongoing 4D Inclusionary Housing Ordinance Process amendments for compliance with State law (ordinance) Ordinance/LCPA in FY 23/24 for adoption by June 2024. In process 4E Condominium Conversions
Continue to implement existing processing
requirements of Subdivision Map Act and
mitigation requirements per DMMC
24.21.025 (publish procedure/amend
ordinance with Program 4D)
Ordinance/LCPA in FY 23/24 for adoption by June 2024. In process 5A Expand Allowance for the Renovation
and Improvement of existing Multi-Unit
Structures with Non-Conformities
Continue to allow retention of nonconforming structures with three or more units to renovate and make improvements
to these existing multiple dwelling unit
structures. Expand to incentivize creation of
low income units. Monitor the number of
projects that utilize this program and identify
the number of units conserved or
rehabilitated where applicable.
(procedure/ordinance)
Create a policy/procedure to memorialize the existing
accommodation for non-conforming multi-unit development.
Pending Ordinance/LCPA in FY 23/24 for adoption by
December 2023 to identify where expansion can be allowed to create low income units. Process with Program 1I and 2A incentives.
Complete
5B Require Housing Impact Statements in
Reports
Adopted City Council policy and procedure
for inclusion of housing impact statement in
staff reports.
Completed City Council adopted Resolution - February 2022 Complete 5C Preserve Existing Housing Stock/Short
Term Rental Controls
Continue to establish policies and programs
that more effectively address regulations for
short term rentals as a means to preserve
long term housing stock (ordinance/LCPA)
Extended STR Forbearance Council Resolution to defer
enforcement against existing STRs in operation prior to April 2026 – January 2023. Executed task order with consultant for data collection of baseline condition through June 2023 – January 2023. Ordinance/LCPA in FY 23/24 and 24/25 for
adoption by December 2024.
In process
6A SB 35 Streamlining - Notice of State Law
Exemption for Coastal Cities
Provide notice to the public that the City of
Del Mar is a coastal city that is exempt from
SB 35 (post notice on web page)
Completed by publishing notice on City web page of local exemption from SB 35 because the City of Del Mar is a
coastal city in the jurisdiction of the California Coastal Commission – January 2022
Complete
6B Affirmatively Furthering Fair Housing
per AB 686
Participate in regional efforts, partner with
organizations to review and refer
discrimination complaints, and implement
various actions. Ongoing commitment to
review disability complaints and partner in
regional efforts; to review discrimination
complaints and partner with orgs such as
Legal Aid Society of San Diego to address;
to help connect seniors and students to
available housing opportunities including
roommate referral services; annual
coordination in regional efforts to partner on
strategies to address homelessness
(Program 7J) (outreach and funding)
Created new density bonus opportunities in NC and PC zones (Programs 1A and 1B) - June 2022. Demonstrated feasbility for low-income units on Fairgrounds and City-owned sites - June 2022. Posted community assistance resources on City webpage - July 2022. Demonstrated feasbility for low-income units on privately owned sites - January 2023. New
Environmental Justice Element in process. Multiple
ordinances to incentivize development of low-income units by December 2023 (Programs 1D, 1I, 2A, 5A). Multiple
ordinances to create opportunities beyond RHNA by April 2024 (Program 1D, 1C, 1F, 1H, 2A, 2B, 2F). Senate Bill 9 Ordinance adopted June 2023. Multiple ordinances to address housing for special needs populations by June 2024. City staff participated in Legal Aid Society Fair Housing Training in October 2023 and will continue to do so annually thereafter.
Publish fair housing materials in English and Spanish by June 2024.
Partial Completion/In Process
6C Continue Data Collection and
Compliance with the Coastal Act and
Housing Element-Related Requirements
applicable to the Coastal Zone, including
State-Mandated Accommodation of
Housing Development Capacity
Continue to collect data and maintain
records regarding affordability. Work with
the Coastal Commission and HCD to
“harmonize” the Coastal Act and State
Housing laws and identify a strategy to best
accommodate future development capacity
as assigned to the City for the 6th Cycle.
(spreadsheet tracking and annual reports)
The City continues to collect data and maintain records regarding affordability levels of units produced and has effective measures in place to address how proposed
development can potentially impact existing households. The City continues to work with the Coastal Commission and HCD to “harmonize” the Coastal Act and State Housing laws.
Ongoing
6D Solar Panel Installation Partnership
Partner with Renewable Cities San Diego to
install solar on housing for lower income
households (resolution)
Resolution by December 2024. Not started
6E Environmental Justice Element
Process Community Plan Amendment to
establish policies to reduce community
health risks and address Affirmatively
Furthering Fair Housing Issues per
Assembly Bill (AB) 686. (General Plan
Amendment)
Draft in process. Pending City Council adoption in 2024 In process 6F Vote Threshold for Housing-Related
General Plan Amendment
Explore whether to modify local vote
threshold for super majority to apply State’s
simple majority (study and potential
ordinance/public vote)
Determined local vote threshold requiring a super majority vote (instead of simple majority) is not an impediment. Will involve ongoing consultation with City Attorney to ensure no actual conflict with State law.
Ongoing
18 March 18, 2024 Item 05
6G Objective Design Standards
Prepare and process objective design
standards for housing that is eligible for byright processing (ordinance) Consultant selected July 24, 2023. Draft in process; pending Ordinance by June 2024 In process
6H Safety Element
Process Community Plan Amendment to
update the existing Safety Element.
Coordinate with CalFire and State Board of
Forestry. (General Plan Amendment)
Draft in process. Pending City Council adoption in 2024 In process 7A Housing Funding Resources Including
Housing Assistance and Housing Reserve
Funds
Continue to make funds accrued in the
Housing Assistance Reserve fund available
for affordable housing. Ensure that the
funds remain available for at least four lower
income households via rental subsidy and/or
for new affordable housing (i.e., for the
acquisition of land and construction of
affordable units to be made available for
individuals or families of extremely low, very
low or low-income levels). (annual report to
City Council with budget)
Reports will be completed on an annual basis demonstrating that the funds remain available for at least four lower income households via rental subsidy and/or for new affordable housing.
Ongoing
7B Interfaith Partnership Opportunities
Continue to encourage inter-faith shelter
network rotating shelter and St. Peter’s
Helping Hands (annual report to City
Council with budget)
Reports will be completed on an annual basis demonstrating how various partners, including interfaith partners (i.e., St.
Peters), facilitate provision of homeless assistance resources in Del Mar
Ongoing
7C Resources for Persons with Disabilities
Publish a resource list of programs and
opportunities for persons with disabilities
(updated list to be published within 3-6
months of ordinances processed per
Programs 4A and 4B)
Reports will be completed on an annual basis identifying available assistance resources for persons with disabilities Ongoing 7D Housing Choice Voucher Program
Contract with the County of San Diego for
Housing Choice Voucher Program
(resolution to process contract)
Process Resolution to contract with the Housing Authority for the County of San Diego for housing choice vouchers to
facilitate rental assistance in Del Mar using federal funds Ongoing
7E Fee Waiver Program Continue the fee waiver program (resolution to extend fee waiver if needed)
Reports will be completed on an annual basis identifying any applications where fee waivers are granted to facilitate production of affordable housing
Ongoing
7F Monitor and Respond to Complaints of
Constraints to Housing for Lower Income
Households and Persons with Disabilities
Monitor and respond to complaints of
constraints to housing for lower income
households and persons with disabilities
such as impediments to maintenance,
improvement, or development of such
housing. Continue to work with local nonprofits to connect people with assistance and resources. (annual report to City
Council with budget)
Reports will be completed on an annual basis identifying if any complaints were filed, the status, and the steps taken to resolve complaints.
Ongoing
7G Senior Housing Resources and
Assistance
Continue to partner with Del Mar Community
Connections (resolution to extend contract)
Reports will be completed on an annual basis identifying available assistance resources for seniors Ongoing
7H Student Housing Resources and
Assistance
Connect students with affordable housing
options in Del Mar, including ADUs
(outreach/resource list)
Reports will be completed on an annual basis identifying available assistance resources for students Ongoing
7I Database of Community Assistance
Programs
Maintain list of community assistance
programs (resource list)
On an annual basis the community assistance programs list will be maintained and updated. Ongoing
7J Efforts to Reduce Homelessness
Continue to collaborate with San Diego
Regional Task Force on Homelessness
(RTFH) including point in time counts and
other partnership opportunities. Connect
individuals and businesses seeking
available services to address homelessness
including coordination with the Countysponsored outreach worker for Del Mar, County’s Mobile Crisis Response team
(MCRT) and the Sheriff’s Department Crime
Prevention team. Adopt a City Council
Resolution in support of Senate Bill 1338
(completed June 2022).
City Council adopted a City Council Resolution in support of Senate Bill 1338 (CARE Court compassionate care strategy) on June 6, 2022. The City continues to collaborate with the San Diego Regional Task Force on Homelessness (RTFH)
(i.e. point in time counts and other partnership opportunities).
The City coordinates with its assigned County-sponsored outreach worker for Del Mar and the County’s Mobile Crisis Response team (MCRT) to connect individuals seeking
available services to address homelessness. The City also helps connect local businesses with the Sheriff’s Department Crime Prevention team for assistance with services to
address homelessness.
Ongoing
19 March 18, 2024 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: March 18, 2024
SUBJECT: Riverpath Del Mar Extension Project Phase 3 Task Order REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve a $68,400 amendment to an existing ta sk order with HELIX Environmental Planning for additional necessary environmental serv ices related to the Riverpath Del Mar Extension Project Phase 3, and authorize the City Manager to execute the necessary documents.
BACKGROUND:
The Riverpath Del Mar Extension Project Phase 3 (Project) will construct 2,075 linear feet (LF) of pedestrian path along the San Dieguito Lagoon adjacent to San Dieguito Drive.
This extension of the Riverpath Del Mar will connect to the Coast to Crest Trail, the Crest Canyon Trail, and complete the City of Del Mar’s seven-mile Coastal Loop Trail. The new trail will create non-motorized access along San Dieguito Drive between the Grand Avenue Overlook and the City’s easternmost boundary. The Project will enhance access to passive outdoor recreation, bird watching, photography, and expand opportunities to raise awareness about the environment.
On October 2, 2023, City Council reviewed and accepted the final design and approved City permits for the Project. At that meeting, staff was directed to continue work to secure required outside regulatory permits and seek additional grant funds to close a $1.4 million Project funding gap in anticipation of construction starting in September 2024. To date, City staff has applied for several State and County grants which are currently under review by those granting entities.
DISCUSSION/ANALYSIS:
Currently, the City has a task order with HELIX Environmental Planning (Helix) to support environmental and regulatory permitting for the Project. This amendment will provide funding for ongoing tasks beyond the originally anticipated review time and requirements to meet regulatory permitting requirements, new tasks to prepare required National 1 March 18, 2024 Item 06
City Council Agenda Report
Riverpath Phase 3 Environmental Services Task Order Amendment March 18, 2024
Environmental Policy Act (NEPA) documentation, and contingency. To complete these tasks, Helix provided a scope of work to amend their task order in the amount of $68,400.
The proposed task order amendment is included as Attachment A, with the detailed scope of work and fee included as Exhibit A to Attachment A.
Helix has completed the Project’s environmental review, which resulted in the preparation of a Mitigated Negative Declaration, and has been the City’s lead on the regulatory permitting applications, preparation of necessary documents, and responses to comments from the regulatory permitting agencies. Permit applications are pending with the two primary permitting agencies for the Project, the California Coastal Commission and California Department of Fish and Wildlife, and additional coordination is required.
The City has been awarded $680,000 in federal funding from the Fiscal Year 2023 Economic Development Initiative and Community Project appropriation. This funding source triggers new federal requirements, including compliance with NEPA. The proposed task order includes new tasks (Tasks 16–18 on Attachment A) for Helix to review and submit documentation in accordance with NEPA requirements.
If the task order amendment is approved, staff anticipates that it will take approximately six (6) months to complete the NEPA process. This includes time to prepare the required analysis and applications, review by the U.S. Department of Housing and Urban Development (HUD) as the grant administrator, and for HUD to release the funds. The City can bid the project later this year as originally anticipated; however, the City cannot award the construction contract for the Project prior to receiving approval from HUD or the Project would become ineligible to receive this funding. Staff will provide an update on the Project and seek direction from the City Council as to timing for bidding and construction in June/July 2024.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
Funding for the proposed task order is available in the approved FY 2023-24 Capital Improvement Program budget for this Project.
ENVIRONMENTAL IMPACT:
The requested action does not constitute a project under the California Environmental Quality Act (CEQA) and therefore does not require analysis.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This item relates to funding for the Del Mar Riverpath Extension Phase 3 Project, which is a Tier 1 Priority Project for Fiscal Years 2023-24 and 2024-25.
ATTACHMENTS:
Attachment A – Helix Task Order Amendment
2 March 18, 2024 Item 06
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us March 18, 2024 ATTACHMENT A
HELIX Environmental Planning, Inc. SENT VIA EMAIL
Attn: Thomas Liddicoat
7578 El Cajon Blvd.
La Mesa, CA 91942
[email protected]
Consultant shall execute tasks related to the Riverpath Del Mar ExtensionProject Phase 3, a s described in the Consultant’s proposal dated March 5, 2024, and included as Exhibit A to this Task Order. The project cost for this task order shall not exceed $68,400. The project schedule s hall commence upon execution of this Task Order and be completed by September 30, 2024, un less extended in writing by the City Manager. Work shall be completed to the satisfaction of the Public Works Director and in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and (858) 375-9533.
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 – ADDITIONAL ENVIRONMENTAL SERVICES (PO#58-00470)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and HELIX Environmental Planning, Inc. (Consultant), the term for which is October 1, 2021 to September 30, 2024.
Please sign and return an original copy of this Task Order to Denise Galvan, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].
Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Andrea S. Bitterling Date
City Manager Planning Division Manager
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Exhibit A: HELIX Environmental Scope of Work for Riverpath Del Mar Extension Project Phase 3 3 March 18, 2024 Item 06
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
March 5, 2024 01197.00002.003
Ms. Adriana Jaramishian
Ms. Karen Falk
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
SUBJECT: Additional Environmental Consulting Services for the River Path Del Mar Extension Project – Phase III (PO Number 58-00470)
This request is for a contract amendment to the original Purchase Order (PO) Number 58-00470 dated October 28, 2020 issued by the City of Del Mar Department of Public Works (City) to HELIX Environmental Planning, Inc. (HELIX) for the City’s River Path Extension Phase III Project (Project). The services in this augment are intended to continue supporting the City during approvals and permitting of the Project. Thus, this augment includes efforts related to project management and meetings, permitting with the California Department of Fish and Wildlife (CDFW), addressing the California Coastal Commission (CCC) Special Condition (SC) #2 Compliance Comments dated January 22, 2024, as well as potential forthcoming comments to SC #3, #4, and #9. New Tasks 16 through Task 18 are proposed herein and reflect assisting the City in meeting the National Environmental Policy Act (NEPA) documentation requirements of the Project given the federal funding expected. This augment also includes replenishing the contingency fund.
SCOPE OF WORK (see attached)
CURRENT CONTRACT TOTAL $228,950.66
Task No. Task Name Cost ($)
5 Regulatory Permitting 2,200
7 Project Management and Meetings 7,000
13 Habitat Mitigation and Monitoring Plan 7,900
14 Cultural Resources Treatment and Monitoring Plan 3,900 15 Landscape Plan 11,000
16 NEPA Part 58 Analysis (New Task) 15,300
17 8-Step Process (New Task) 12,500
18 Section 106 Consultation Support (New Task) 2,600
99 Contingency 6,000
Augment Total $68,400
TOTAL REVISED CONTRACT $297,350.66
4 March 18, 2024 Item 06
Contract Augment to Ms. Adriana Jaramishian Page 2 of 5 March 5, 2024
I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and current Schedule of Fees.
___________________________
(Client)
By: ___________________________
Name
Title
Date: ___________________________
Sincerely,
Karl Osmundson
Principal Biologist/Biology Group Manager
5 March 18, 2024 Item 06
Contract Augment to Ms. Adriana Jaramishian Page 3 of 5 March 5, 2024
SCOPE OF WORK
Task 5 Regulatory Permitting. HELIX has provided on-going support and coordination with the City and CDFW for processing a Right of Entry permit as well as a Streambed Alteration Agreement (SAA) permit. Due to unexpected additional coordination with CDFW on the SAA and the comments from CCC to revise the Habitat Mitigation and Monitoring Plan (HMMP), HELIX anticipates forthcoming coordination with CDFW will be needed to obtain a final SAA permit.
Thus, the augment for this task includes up to 10 hours by HELIX Senior Biology Manager for SAA permit review, permit processing, and CDFW correspondence in order to obtain a final SAA. If CDFW, the City, or another agency has comments that result in changes to the Project or result in SAA permitting delays, additional labor necessary of HELIX beyond the 10 hours of allocated for this task would be discussed with the City and applied by billing to the Contingency Task 99.
Task 7 Project Management and Meetings. Based on the forthcoming efforts for the Project, HELIX anticipates on-going collaboration with the City, Project design team, CCC, and U.S Department of Housing and Urban Development for the Project will continue. Thus, this task assumes up to 30 hours total for HELIX Senior Biology Project Manager and Principal Planner time to assist the City and Project team to complete the services under this augment.
Additional labor necessary of HELIX beyond the 30 hours of estimated for this task would be discussed with the City and applied by billing to the Contingency Task 99.
Task 13 Habitat Mitigation and Monitoring Plan. HELIX provided updates to the draft HMMP for the Project in May 2023 and August 2023 to incorporate the additional elements requested by CDFW and CCC. Based on the current request by CCC (i.e., SC #2 Compliance Comments letter January 22, 2024) for additional information, HELIX coordinated with the Civil Engineer and prepared a Responses to Comments (RTC) Matrix in preparation of revising the HMMP, which was submitted to the City. Based on the recent meeting between HELIX, the City, and CCC on February 22, 2044, HELIX understands that additional comments may be provided by CCC following their review of SC #3 Compliance. As requested by the CCC, HELIX will conduct a site visit to collect additional information on the biological baseline for the proposed mitigation reference sites and such data will be incorporated into the revised HMMP. HELIX will address the CCC SC #2 and #3 comments and update the HMMP accordingly. This task assumes 30 hours total of HELIX Senior Biology Project Manager, Senior Scientist, and support staff time to address CCC comments and update the HMMP. A draft of the updated HMMP will be submitted to the City for review and HELIX will revise the draft based on a single set of comments provided by the City. The revised draft will be provided to the City, for City submittal to the CCC. Based on the anticipated coordination with the City and CCC staff, HELIX assumes all CCC SC #2 and SC #3 comments will be addressed in the revised HMMP and no additional rounds of revision would be necessary. If additional rounds of revision are required as a result of CCC, City, or other agency comments, those revisions will be completed utilized the remaining budget in this task and work by HELIX beyond the budget would be discussed with the City billed to the Contingency Task 99 as authorized. 6 March 18, 2024 Item 06
Contract Augment to Ms. Adriana Jaramishian Page 4 of 5 March 5, 2024
Task 14 Cultural Resources Treatment and Monitoring Plan. HELIX prepared a Cultural Resources Monitoring Plan (CRMP) in February 2023 per CCC SC #9. HELIX understands that comments may be provided by CCC following their review of SC #9 Compliance. Thus, the augment for this task includes up to 20 hours total for HELIX Senior Archeologist to address CCC SC #9 comments and update the CRMP accordingly. A draft of the revised CRMP will be submitted to the City for review and HELIX will complete one round of revisions to the CRMP to address City comments. If the City, CCC, or other agency has additional comments or requests changes to the CRMP, such will be addressed utilized the remaining budget in this task and work by HELIX beyond the budget would be billed to the Contingency Task 99 as authorized by the City.
Task 15 Landscape Plan. HELIX’s, subconsultant SWA Group prepared a comprehensive landscape plan (Plan) for the Project in June 2023 in accordance with the CCC SC #4. Similar to Task 14 above, HELIX understands that comments may be provided by CCC following their review of SC #4 Compliance. Thus, the augment for this task includes up to 30 hours total for HELIX and SWA to address CCC SC #4 comments and update the Plan accordingly. If additional comments or changes to the Plan are requested, such will be addressed utilized the remaining budget in this task and additional work needed beyond the budget would be billed to the Contingency Task 99 as authorized by the City.
Task 16 NEPA Part 58 Analysis. HELIX will use existing information, including technical studies previously conducted by HELIX in Tasks 1-15, undertake geographic information system (GIS) research and mapping, and perform research of existing databases referenced within the U.S Department of HUD “suggested format to be used by Responsible Entities to document completion of a Categorically Excluded Subject to Section 58.5 environmental review.” HELIX will incorporate the findings of these data sources into a Word version of HUD’s suggested format. Supporting information such as previously prepared CalEEMod outputs, database research outputs, and relevant figures developed from GIS will be provided digitally in PDF to support the conclusions within the Part 58.5 Analysis. One round of revisions to the Part 58.5 Analysis will be provided to address City comments. HELIX does not anticipate responding to comments from the public or other agencies and organizations such as HUD, State Historic Preservation Officer (SHPO), or tribal governments; thus, such is not included in this task.
Additionally, this scope of work does not include preparing separate worksheets or loading forms or other information to HUD’s Environmental Review Online System (HEROS). If the City, public, HUD, or another agency has comments or additional requests on the NEPA 58.5 Analysis, such will be addressed utilized the remaining budget in this task and work by HELIX beyond the budget would be billed to the Contingency Task 99 as authorized by the City.
Task 17 HUD 8-Step Process. Because the Project is located within a floodplain and contains wetland resources, HUD requires the evaluation of floodplain and wetland resource impacts through what is labeled as an “8-Step Process.” The 8-Step Process would evaluate floodplain and wetland impacts, mitigation, and alternatives. HELIX will document the 8-Step Process in an approximately 20-page memo to be provided to the City in digital format. The memo will address each of the 8 steps and be based on existing information developed for the Part 58.5 Analysis. As part of this process, HELIX will work with the City to develop and evaluate in a 7 March 18, 2024 Item 06
Contract Augment to Ms. Adriana Jaramishian Page 5 of 5 March 5, 2024
qualitative manner up to four potential alternatives. No formal market assessment or site design alternatives will be prepared by HELIX. As part of this process, HELIX will also draft the Early Notice and Final Notice ad copy for publishing in a local paper. This scope of work assumes the City will coordinate and pay for the publishing of both ads. For the purposes of this task, HELIX assumes that no comments will be received from the public or other agencies requiring responses to comments or adjustments to the 8-Step Process document. A draft of the 8-Step Process memo and ads will be submitted to the City for review and HELIX will revise the based on a single set of comments provided by the City. The revised draft will be provided to the City, for City submittal to the CCC. If the City, public, HUD, or another agency has comments or additional requests on the 8-Step Process or ads, such will be addressed utilized the remaining budget in this task and work by HELIX beyond the budget would be applied by billing to the Contingency Task 99 as authorized by the City.
Task 18 Section 106 Consultation Support. HELIX will prepare a draft notification letter for the City to provide to the State Historic Preservation Officer (SHPO) for concurrence on Section 106 compliance. One round of revisions to the draft notification letter will be provided by HELIX to address City comments and a final letter will be provided to the City. This task assumes that the previously conducted tribal consultation conducted by the City can be utilized and additional tribal consultation support will not be needed. If tribal consultation support is needed and requested by the City or additional efforts are necessary to coordinate or address comments with the SHPO during the Section 106 consultation, such will be addressed utilized the remaining budget in this task and work by HELIX beyond the budget would be applied by billing to the Contingency Task 99 as authorized by the City.
Task 99 Contingency Fund. This augment proposes replenishing the contingency fund. This fund will be utilized by HELIX as authorized by the City to continue promptly responding to unanticipated requests as well as cover other out-of-scope efforts that HELIX is directed by the City to conduct such as analysis, surveys, review project documents prepared by others, response to comments, etc. This budget will only be used as authorized by the City.
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this augment. • Terms, assumptions, and limitations presented in the original PO 58-00470 and subsequent augments remain in effect.
• This augment assumes no hard copies of deliverables to the City, CCC, HUD, or other agencies are necessary. Submittals will include electronic (.pdf) copies of deliverables for review, as applicable. Electronic versions of the final documents will be provided to the City. If the City, CCC, or other agency has additional comments or requests revisions to deliverables beyond the labor allocated in this scope and contingency fund available, such are not included and would require a contract augment, for which the level of effort would be determined after a review of the comments and/or requests received.
8 March 18, 2024 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 18, 2024
SUBJECT: Acceptance of a Grant Deed of Easement for Property Located at 1411 Via Alta
Applicant/Owner: KFH Properties LLC
Property Address: 1411 Via Alta
APN: 300-040-51-00 and 300-040-52-00
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council approve the Resolution (Attachment A) that allows for the acceptance of a Grant Deed of Easement (Exhibit A to Attachment A) in favor of the City and authorizes the City Manager or their designee to record the Grant Deed of Easement.
PROJECT DESCRIPTION:
On October 14, 2019, the Applicant received approval of a Boundary Adjustment (BA19-002) and Coastal Development Permit (CDP19-020) to adjust the common lot line between two existing legal parcels located at 1411 Via Alta; vicinity map included as Attachment B. On September 22, 2021, the Design Review Board (DRB) approved development applications DRB21-001, CDP21-002, and LC21-001 to demolish an existing single dwelling unit and construct a replacement two-story, single-dwelling unit and associated site and grading improvements at 1411 Via Alta.
Existing City sewer main and stormwater facilities are located on the south side of the property, running west-east through the length of the property, running underneath the existing residence and extending to properties on either side. In order to accommodate the construction of the new house, the sewer line and stormwater facilities must be relocated further to the south resulting in the need to create a new easement that benefits the City by allowing for continued maintenance access. As a condition of the City’s Boundary Adjustment approval, the relocated easement must be granted to the City prior to Applicant’s receipt of the project’s building permits, which are currently 1 March 18, 2024 Item 07
City Council Agenda Report
Sewer and Storm Water Easement Dedication (1411 Via Alta) March 18, 2024
pending issuance. The proposed new Grant of Easement is included with the report as Exhibit A to Attachment A for reference.
OTHER PERMITS:
Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any work, special use, or improvement proposed within a City right-of-way or easement. The applicant has also submitted an Encroachment Permit (EP24-002), to relocate the sewer and other utilities. The EP is currently being reviewed by staff and does not require Council review. Any future work proposed to be performed within the easement area will require additional encroachment permits at that time.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. There is no fee to record the Grant of Easement, as it is to the benefit of the City.
ENVIRONMENTAL REVIEW:
This project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (c)- replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity and 15305(b) – Minor Alterations in Land Use in that the request involves the minor relocation of sewer and stormwater facilities located at the same site. Staff has further determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
HOUSING IMPACT: This action is related to a condition of approval on a larger project (BA19-002, DRB21-001, CDP21-002, and LC21-001) which would have no impact on the City of Del Mar’s housing supply or housing affordability in that a new unit is replacing an existing housing unit and the net number of units on the lot would not be reduced.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This matter is an operational item and is not relevant to the City Council Goals and Priorities.
ATTACHMENTS:
Attachment A – Resolution Accepting the Grant of Easement Attachment B- Vicinity Map
2 March 18, 2024 Item 07
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ACCEPTANCE OF AN
EASEMENT ON THE PROPERTY LOCATED AT 1411 VIA ALTA
FOR USE AND OPERATION OF PUBLIC BENEFIT TO THE
CITY OF DEL MAR
WHEREAS, a Boundary Adjustment (BA19-002) and Coastal Development Permit (CDP19-020) were approved on October 14, 2019, to adjust the common lot line between two existing legal parcels at 1411 Via Alta; and WHEREAS, the Design Review Board approved development applications DRB21-001, CDP21-002, and LC21-001 to demolish an existing single dwelling unit and construct a replacement two-story, single-dwelling unit and associated site and grading improvements at 1411 Via Alta; and
WHEREAS, an existing easement for a sewer main line and storm drain facilities is located at 1411 Via Alta (Property); and
WHEREAS, the location of the City sewer and storm drain facilities are required to be relocated in order to accommodate the construction of the new residence; and WHEREAS, in order to allow the City continued access to the sewer main line and storm drain improvements for future maintenance and repair, the property owner has agreed to grant the City a new easement; and
WHEREAS, in order to formalize the easement in favor of the City from the property owner, it is necessary to record a Grant Deed for an Easement (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council hereby finds that Government Code Section 65402 does not apply to acquisition of the Property because the acquisition is of a minor nature and is for an existing public sewer main and storm drain.
BE IT FURTHER RESOLVED that the City Council authorizes the City to accept conveyance of the Easement. This Resolution constitutes the resolution of acceptance by the City of the Property for the purposes of Government Code Section 27281.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager or the City Manager's designee to execute such other documents and take such other actions on behalf of the City as may be required to implement the intent of this Resolution.
BE IT FURTHER RESOLVED that this Resolution shall take immediate effect from and after its passage and approval.
3 March 18, 2024 Item 07
Resolution No. 2024-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 18th day of March 2024. _____________________________
Dave Druker, Mayor
City of Del Mar
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 Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of March, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 March 18, 2024 Item 07
RECORDING REQUESTED BY:
CITY OF DEL MAR
AND WHEN RECORDED MAIL TO:
City of Del Mar
Attn: City Clerk
1050 Camino del Mar
Del Mar, CA 92014
Recording Fee: Exempt
Documentary Transfer Tax: Exempt
Cal.Gov.Code Section 27383
(THIS SPACE FOR RECORDERS USE ONLY)
GRANT DEED OF EASEMENT
APN: 300-040-51-00
The undersign grantor hereby declare(s):
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KFH Properties, LLC, a California Limited Liability Company, as Property Owner (as the:
“Grantor”), hereby GRANTS AND CONVEYS to the CITY OF DEL MAR, a Charter City and Municipal Corporation formed under the laws of the State of California (as the:
“Grantee”) an easement for public utility use and access over, under, and across all that real property situated in the City of Del Mar, in the County of San Diego, State of California as further described in Exhibits “A” and “B,” attached hereto and incorporated by reference as fully part of Grant Deed (“Property”). With all conditions, duties and obligations for the public access easement fully described and contained within Exhibit “C” and is fully incorporated herein.
ACCEPTED AND AGREED:
Grantor(s):
______________________________________________________________ Fred Howard, Member KFH Properties, LLC Date
______________________________________________________________ Kim Howard, Member KFH Properties, LLC Date
(Notarization of PROPERTY OWNER signature is attached.) 5 March 18, 2024 Item 07
**********Signatures Continue to Next Page************* CITY OF DEL MAR:
____________________________________________________________ Ashley Jones, City Manager Date
As to form:
________________________________.Date: _______________2024 City Attorney
Leslie Devaney
6 March 18, 2024 Item 07
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ______________________ before me,
____________________________________,
(here insert name and title of the officer)
personally appeared ________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.
7 March 18, 2024 Item 07
EXHIBIT “A”
PUBLIC UTILITY EASEMENT
THAT PORTION OF LOT 507 OF ARDEN HEIGHTS NO. 5, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 1372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 13, 1911, AND ALL THAT UNNAMED ALLEY
ADJOINING SAID LOT ON THE SOUTH AS VACATED AND CLOSED TO PUBLIC USE BY BOARD OF SUPERVISORS ON JULY 30, 1925 IN BOOK 1098, PAGE 393 OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 507; THENCE ALONG THE EASTERLY LINE OF SAID LOT 507 SOUTH 00°11’51” WEST, 127.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID EAST LINE OF SAID LOT 507 AND A PROLONGATION THEREOF, SOUTH 00°11’51” WEST 35.88 FEET TO THE SOUTHERLY LINE OF SAID VACATED ALLEY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°48’39” WEST 183.55 FEET TO THE EASTERLY RIGHT OF WAY OF VIA ALTA STREET, BEING 40 FEET WIDE AS SHOWN ON MAP 1372; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 00°17’00” EAST 15.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 15.00 FEET NORTHERLY AND MEASURED PERPENDICULAR TO THE SOUTHERLY LINE OF SAID VACATED ALLEY; THENCE SOUTH 89°48’39” EAST 168.53 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 15.00 FEET WESTERLY AND MEASURED PERPENDICULAR TO THE EASTERLY LINE OF SAID LOT 507; THENCE NORTH 00°11’51” EAST 20.88 FEET; THENCE SOUTH 89°48’39” EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 3,066 SQUARE FEET, MORE OR LESS
PLAT EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. ___________________________________________________
JESSE Q. OWENS, PLS 9285 DATE
Jesse Owens 2/6/2024
8 March 18, 2024 Item 07
9 March 18, 2024 Item 07
1 EXHIBIT ‘C’
DUTIES AND OBLIGATIONS OF THE PROPERTY OWNER
FOR THE
PUBLIC UTILITY EASEMENT
OVER APN: 300-040-51-00
The public utility easement is a fifteen-foot wide (15) Public Utility easement and includes public sewer and storm water facilities and any supporting equipment and is located on Assessor’s Parcel Number 300-040-51-00 which shall have permanent and when required continuous access to the City of Del Mar and any City of Del Mar designated entity, agent, consultant, or contractor to perform regular maintenance of the existing sewer line, manholes, or other facilities or equipment within the sewer easement. Furthermore, the City of Del Mar and any City of Del Mar designated entities shall have permanent access to the Public Utility Easement and underlying sewer or storm water line(s) for any emergency or maintenance purposes without notice to property owner. The easement shall remain accessible to the City of Del Mar and any City of Del Mar designated entity at all times.
The 15’ wide Public Utility Easement shall not have any permanent structures or non-permanent structures (greater than 50 pounds) constructed or located within the 15’ wide easement. Any non-permanent structures, hardscape, or landscape placed within the easement area shall first receive approval by the City by the property owner applying for an Encroachment Permit.
The property owner(s) shall be responsible for the maintenance and any damage to the material over the easement. Any damage to the existing material covering the easement shall be the sole responsibility of the property owner. Damage may include, but not limited to, the disturbance of the sewer easement surface, the planting of vegetation or any other items located within the easement including the placement of removable items that interfere with sewer maintenance activities and any damage created by the property owner using the easement.
Prior to any modification to the sewer easement surface, the property owner shall submit the appropriate documentation for the encroachment permit application. The documentation shall be reviewed and approved at the sole discretion of the City of Del Mar. 10 March 18, 2024 Item 07
Attachment B
Vicinity Map- 1411 Via Alta
11 March 18, 2024 Item 07
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: March 18, 2024
SUBJECT: Housing-Related Amendments to the Central Commercial and Public Facilities Zones Including Adoption of a Resolution to Amend the Del Mar Community Plan and Introduction of an Ordinance to Amend the Zoning Code and Certified Local Coastal Program to Implement Housing Element Programs 1C and 1H REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council take the following actions in compliance with the City’s certified 6
th Cycle Housing Element (2021-2029) to increase the local housing stock capacity as required per California Government Code Section 65863 and Housing Element Program 1C Central Commercial (CC) Zone and Program 1H Public Facilities (PF) Zone:
1) Approve the California Environmental Quality Act (CEQA) determination for the project per CEQA Guidelines Section 15162 based on substantial evidence in the record that the certified 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) covers the proposed actions and no further environmental document is required; and
2) Adopt a Resolution (Attachment A) to amend the Del Mar Community Plan (General Plan) by General Plan Amendment (GPA24-001); and
3) Introduce an Ordinance (Attachment B) to amend the Del Mar Municipal Code (DMMC) Central Commercial (CC) Zone regulations in Chapter 30.22 and Public Facilities (PF) Zone regulations in Chapter 30.31 that are within the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendments (ZA24- 001/ZA24-002) and LCP Amendments (LCPA24-001/LCPA24-002).
PLANNING COMMISSION ACTION:
On February 21, 2024, the Planning Commission voted 3-0 (with Commissioners McGreal and Grewal recused) to recommend approval to the City Council of the staff recommendation to: 1) approve the CEQA environmental determination, 2) adopt an amendment to the Del 1 March 18, 2024 Item 08
City Council Agenda Report
CC/PF Housing-Related Amendments
March 18, 2024
Mar Community Plan, and 3) adopt amendments to the Zoning Code and Local Coastal Program with a stipulation of applying the maximum height of the certified LCP based on the local topography that slopes down east to west, existing public scenic views, and the need to maintain the existing pedestrian scale in accordance with the Del Mar Community Plan and certified LCP.
At the meeting, the Planning Commission reviewed and considered the CC/PF amendments and the deliberations focused heavily on the fact that the amendments will allow a base zone density of up to 20 dwelling units per acre, which will make certain properties eligible to apply for processing of a density bonus project per State Density Bonus Law (DBL). The primary concern of the Planning Commission was whether the zoning amendments could result in height increases and impacts to public and private scenic views for future density bonus eligible projects that include affordable housing. Staff explained the proposed amendments retained all existing zoning development standards (such as height, lot coverage, floor area, etc.) and that any future density bonus eligible project would be required to comply with the Coastal Act and certified LCP policies and regulatory protections for public scenic views because DBL does not supersede the Coastal Act.
To minimize risk of State enforcement, the Planning Commission crafted a recommendation to move the item forward to City Council. The recommendation accounts for the unique circumstances in the CC zone (i.e., small-scale pedestrian oriented character and public scenic views throughout the zone due to topography that slopes down towards the South Beach shoreline to the west) and expresses that the City must continue to hold development, including Density Bonus projects, to the existing height limits in the LCP, which are a maximum of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar.
There was one member of the public who spoke at the hearing and submitted written correspondence requesting that the City rezone the 5.3 acres Shores Park sites from PF Zone to Public Parkland (PP) Zone as a measure to prevent housing from being developed at Shores Park. Staff clarified that the proposed amendments explicitly do not allow housing use at Shores Park. The Planning Commission Report and correspondence can be viewed on the City’s website at links below:
PC Report - https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_02132024-3385 PC Red Dots - https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_02132024-3386 BACKGROUND:
The proposed amendments to the Del Mar Community Plan, Zoning Code, and certified Local Coastal Program (LCP) are required per State law to be adopted by the City Council by April 2024 to implement the City’s 6th Cycle Housing Element (2021-2029) commitments identified in Program 1C (Central Commercial) and Program 1H (Public Facilities) in order to maintain compliance with State law and avoid decertification of the 6 th Cycle Housing Element.
2 March 18, 2024 Item 08
City Council Agenda Report
CC/PF Housing-Related Amendments
March 18, 2024
Over the past decade, State housing laws have continued to reduce local control and impose regulatory mandates that conflict with local procedures that typically require discretionary review, public participation, and public hearings. However, State housing laws are not preempted by the California Coastal Act, which as a voter approved initiative would make it unlikely to be substantially changed by legislative action. At the local level, the Coastal Act is implemented by the City’s certified LCP. Because coastal cities are uniquely situated, implementation of some State housing laws requires a complex case-by-case analysis with protection of coastal resources receiving the highest of priorities.
One concern expressed during the Planning Commission meeting was how the State Density Bonus Law (DBL) in Government Code Section 65915 relates to the proposed zoning amendments. The DBL is one example of a State law that applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development. The DBL allows housing development with five or more dwelling units to be approved at a density above the maximum set in the Del Mar Community Plan and Zoning Code. In exchange for increased density, a certain number of units in the project must be income-restricted and reserved for affordable housing (very low, low, or moderate-income households). Applicants must provide reasonable documentation to explain how requests for incentives will reduce development costs to build a project and demonstrate how waiver requests would physically preclude development of a project.
See Attachment F for a summary of DBL and the report analysis below for details on how DBL would apply in the CC Zone once the proposed amendments take effect. Initially, staff identified only 14 housing sites in the CC Zone that may be eligible for DBL. However, following Planning Commission’s review, seven additional small sites were added to the list of eligible sites to account for State DBL rules that provide for rounding up of the allowable unit count to the nearest whole number (e.g., rounding up 4.2 units to 5 units) instead of traditional rounding to the nearest whole number. As a result, staff identified there are 18 sites in the CC zone with development potential for four units or less per lot (20 du/ac), and that the remaining 21 potential housing sites would allow 5 units or more per lot and therefore may be eligible to process Affordable Housing Density Bonus projects per State DBL.
Housing Element Commitments and State Enforcement
The City’s last two housing cycles have involved Housing Element plans that cover eight-year housing cycles including the 5th Cycle (2013-2021) and 6th Cycle (2021-2029). Since 2013, State law has imposed performance standards and binding commitments in Housing Elements that are subject to enforcement. State law requires the City to create and maintain a capacity of adequate sites that can accommodate a variety of housing types at a range of household income levels consistent with the adopted Housing Element. The California Department of Housing and Community Development (HCD) has determined through the force of State law that 20 dwelling units per acre is the minimum density that is feasible to 3 March 18, 2024 Item 08
City Council Agenda Report
CC/PF Housing-Related Amendments
March 18, 2024
support development of affordable housing in a jurisdiction the size of Del Mar. The tables below compare the proposed CC/PF amendments that are required for the 6th Cycle (to increase local housing stock capacity per Government Code Section 65863) and similar programs required in the 5th Cycle Housing Element that resulted in State enforcement actions.
Under the 5
th Cycle Housing Element, the City did not timely complete the required legislative actions required for the lower income Regional Housing Needs Allocation (RHNA) sites and creation of new sites with sufficient density in accordance with its 5th Cycle Housing Element commitments:
5 th Cycle HE Program Program Requirement State Enforcement 5 th Cycle Program 2G –
Rezone of Watermark Sites
and Amendments to Allow
Density of 20 du/ac
Certified HE identified the
Watermark-owned vacant
sites as the City’s adequate
sites commitment to produce
22 lower income units to meet
5 th Cycle RHNA.
Amendments to the Del Mar
Community Plan, Zoning
Code, and Local Coastal
Program and a rezone were
required to allow residential
development at 20 du/ac
(minimum density required for
cities the size of Del Mar).
City did not timely process the
amendments/rezone by 2014;
and City’s HE was decertified.
To re-establish compliance,
the State imposed a higher
density (20-25 du/ac) and “by
right” permit process, and
required the City adopt the
amendments, and rezone
(specific to the Watermark
sites) by April 15, 2021.
Complete: City Council
adoption April 2021; CCC final
certification July 2022
5 th Cycle Program 2E –
Amendment to Allow 20
du/ac in North Commercial
(NC) Zone
Certified HE identified these
two program actions to create
additional capacity at 20 du/ac
for production of lower income
housing units beyond the
assigned 5
th Cycle RHNA by
amending the Del Mar
Community Plan, Zoning
Code, and Local Coastal
Program
City did not timely adopt the
amendments by 2016; and
City’s HE was decertified. To
re-establish compliance, the
State required the City
complete the amendments by
April 15, 2021.
Complete: City Council
adoption Sep/Oct 2020 and
March 2021; CCC final
certification May 2022
5 th Cycle Program 2F –
Amendment to Allow 20
du/ac in (PC) Professional
Commercial Zone
Under the 6
th Cycle Housing Element, the City committed to expand the availability of housing opportunities by implementing Programs 1C (Central Commercial) and Program 1H (Public Facilities) to allow a base zone density of 20 du/ac. These programs are similar to the 5th Cycle Programs 1E (North Commercial) and 1F (Professional Commercial) described above.
The City is mandated to timely adopt the 6
th Cycle CC/PF amendments by April 2024.
4 March 18, 2024 Item 08
City Council Agenda Report
CC/PF Housing-Related Amendments
March 18, 2024
6 th Cycle HE Program Program Requirement Risk of Enforcement 6 th Cycle Program 1C –
Amendment to Allow 20
du/ac for mixed use
projects with lower income
housing component in
Central Commercial (CC)
Zone
Certified HE identified this
program action to create
additional capacity at 20 du/ac
for production of lower income
housing units beyond the
assigned 6
th Cycle RHNA on
privately owned sites.
Decertification of the
Housing Element and State
enforcement
6 th Cycle Program 1H –
Amendment to Allow 20
du/ac for projects with
lower income housing
component in Public
Facilities (PF) Zone
Certified HE identified this
program action to create
additional capacity at 20 du/ac
for production of lower income
housing units beyond the
assigned 6
th Cycle RHNA on
publicly owned sites.
Decertification of the
Housing Element and State
enforcement
Following is a description of how the proposed amendments relate to the adopted housing strategy in the current Housing Element and facilitate a transition to the next housing cycle:
6 th Cycle Housing Element (2021-2029)
In 2020, the City Council certified a Program Environmental Impacts Report (PEIR) covering environmental analysis of potential sites citywide for the 6th Cycle Housing Element sites inventory. Only a portion of the sites were selected for the certified Housing Element. For example, Shores Park was studied as a potential site in the PEIR, then the City Council decided to explicitly exclude this site from inclusion in the Housing Element.
The certified 6th Cycle Housing Element relies on sites at the State Fairgrounds, 941 Camino del Mar Specific Plan, NC and PC zones, and two vacant City-owned PF zone sites on 10th Street and 28th Street.
In June 2022 and January 2023, the City completed feasibility studies of various sites (Fairgrounds, PF, NC, PC, CC, RM-South, and Del Mar Plaza) that identified sitespecific concepts of potential development with a base zone density of 20 du/ac and future circumstances for sites that qualify for density bonus project processing. CC and PF amendments (Programs 1C/1H)
Objective Design Standards (Program 6G)
Updates for compliance with State law: Density Bonus (Program 1G) and Inclusionary Housing (Program 4D)/Condominium Conversions (Program 4E) 5 March 18, 2024 Item 08
City Council Agenda Report
CC/PF Housing-Related Amendments
March 18, 2024
Site-Specific Incentives (Programs 1D and 1I)
Next Housing Element (7th Cycle 2029-2037)
The 7th Cycle Regional Housing Needs Allocation (RHNA) assessment and allocation process will begin towards the end of the 6th Cycle Housing Element. To meet the prospective 7th Cycle Housing Element RHNA, the City will be able to rely on the amended PF zone and CC zone capacity and other sites (allowing 20 du/ac density) to meet State law requirements.
Specific sites will be determined during the planning process for the 7th Cycle Housing Element. When land use and zoning criteria are adopted during the prior housing cycle, it has allowed local jurisdictions to maintain their discretionary authority over housing development with some exceptions in State law as identified in the Analysis section below. Here, the CC and PF Zones are being modified during the 6th Cycle to explicitly allow residential development at 20 du/ac.
For additional information on Housing Element implementation, refer to the City’s website:
https://www.delmar.ca.us/852/6th-Cycle-Housing-Element-Program-Implem DISCUSSION/ANALYSIS:
This action consists of a General Plan Amendment (amending the Del Mar Community Plan) and amendments to the Local Coastal Program and Zoning Code (Del Mar Municipal Code Title 30) to allow 20 dwelling units per acre density in the CC Zone and PF Zone subject to specific criteria and context specific factors that are applicable to the respective zones. The proposed amendments are consistent with State law requirements by requiring land use and zoning designations for a particular site to be consistent (Government Code Section 65860).
As required by the certified 6th Cycle Housing Element, the purpose of the zoning amendments is to facilitate production of affordable housing for lower income households.
The amendments would allow multi-unit residential development in the CC and PF Zones only if the project includes a lower income-housing component (units for very low-income and low-income households). Generally, the minimum amount of lower income units in a project would be required to comply with the DMMC Chapter 24.21 (Dedication: Affordable Housing), which is also known as the City’s inclusionary housing ordinance requirement.
Central Commercial (CC) - DMMC Chapter 30.22
The CC Zone applies to the majority of land within the City’s Village Center, which is a pedestrian-oriented downtown that runs along Camino del Mar between 9th Street and 15th Street. This area is characterized by small-scale commercial development that is pedestrian oriented. The existing regulations implement Community Plan and Local Coastal Program policies to maintain this area as Del Mar’s principal commercial, visitor-serving, small-scale, pedestrian oriented downtown, including its scenic blue water ocean views, through existing limits on building height to 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar known as “horizontal zoning”, to maintain visitorserving commercial uses (i.e., community services/cultural uses, personal service uses, 6 March 18, 2024 Item 08
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restaurants, and retail) within tenant spaces on the ground floor fronting Camino del Mar to maintain active street frontages thereby promoting pedestrian activity. The applicable Community Plan and LCP policies reflect the community vision to maintain the unique, smalltown character and strong community identity through building design, which preserve ocean views and promote an open space small-town atmosphere. As previously mentioned, this was a central issue of concern during the Planning Commission meeting.
The CC General Plan land use designation in the Land Use Element/Community Development Section would be amended as follows (Attachment A):
Central Commercial
This land use category is intended to allow activities that preserve and enhance the Village Center District of Del Mar. Permitted uses would include including pedestrian oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
The LCP Land Use Plan land use designation would be similarly amended. See Ordinance Sections Four and Five (Attachment B) and strikeout-underline (Attachment C).
The CC zone (DMMC Section 30.22.031) would also be amended to allow residential development up to a density of 20 dwelling units per acre for projects that include a lower income affordable housing component. See Ordinance Sections One and Two (Attachment B) and strikeout-underline (Attachment C).
The existing CC Zone development standards would continue to apply to future development, including controls for allowable lot areas, setbacks, height, floor area ratio, lot coverage (DMMC Sections 30.22.060 and 070); land use in street frontage spaces (DMMC Sections
30.22.032 and 033); and building design requirements in DMMC Section 30.22.080.
CC Zone Development Standards
Lot Area No lot shall be less than 6,000 square feet in area, have a lot width of less than 50 feet, lot depth of less than 90 feet, or a street frontage of less than 35 feet.
Setbacks Minimum ten-foot wide landscaped setback from a common boundary with property zoned R1, RM, R2.
Height Maximum 26 feet above grade; and maximum 14 feet for structures fronting the west side of Camino del Mar measured from the curb level adjacent to the structure.
Floor Area Maximum 45 percent or 2,000 square feet, whichever is greater.
Lot Coverage Maximum 60 percent or 2,500 square feet, whichever is greater. 7 March 18, 2024 Item 08
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Horizontal Zoning Residential use is not permitted on the street frontage in buildings having frontage along either Camino Del Mar or 15th Street. This applies to the portion of a building closest in elevation and alignment to Camino Del Mar or 15th Street.
Building Design Development shall maintain a pedestrian-oriented, predominantly retail village character, with attractive walkways and courts, to encourage social interaction and taking advantage of ocean vistas.
Parking Off-street parking is required in accordance with DMMC Chapter
30.80 (Parking) or State DBL, as applicable, where:
DMMC Chapter 30.80 requires one space per 1-bedroom unit, two spaces per 2-3 bedrooms, three spaces for four or more bedrooms, and 0.25 spaces per unit for guest parking; and State DBL provides reduced ratios of one space per 0-1 bedroom unit, 1.5 spaces per 2-3 bedroom unit, 2.5 spaces per unit with four or more bedrooms, and no guest parking.
Parking for non-residential use would be required in addition.
Housing projects would remain subject to the City’s inclusionary housing requirements (DMMC Chapter 24.21). State DBL provides for the developer to use the same affordable units to fulfill the inclusionary housing and density bonus provisions. The affordable units would be required to be built on-site without an alternative option to pay an in-lieu fee.
Local discretionary authority over future housing projects will be determined on a case-bycase basis. Each project will involve significant legal analysis to determine the City’s discretionary authority in consideration of State laws including, but not limited to, State DBL, Government Code Section 65913.4 (Streamlined Ministerial Approvals), and the Housing Accountability Act, and their relationship to the California Coastal Act.
It should be recognized that under the Housing Accountability Act (Gov. Code Sec. 65589.5 (d)(1)), the City may be limited to when a housing project with lower income units may be denied or conditionally approved unless very specific criteria is met. Generally, if a local jurisdiction has a Housing Element that has been found by HCD to be in substantial compliance and has met or exceeded its Regional Housing Needs Allocation (RHNA) it may then deny or conditionally approve a project.
Here, the City has yet to meet its 6th Cycle RHNA and the City cannot impose conditions if it renders projects with lower income units infeasible. Therefore, to deny or conditionally approve a housing project (containing different income levels), the City would have to make specific findings that the project may have a significant impact on public welfare and safety, the denial is a result of complying with a state or federal law and there is no feasible method to mitigate the project, the project impacts land set aside for preservation, or the project is inconsistent with the City’s Community Plan that was in place at the time of the application. 8 March 18, 2024 Item 08
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A Sites Analysis was prepared analyzing a theoretical housing potential for each parcel in the CC Zone. See Report Attachment E for additional details. Using threshold criteria established in DBL, there are only 21 potential locations in the CC zone, including nine sites on the west side of Camino del Mar, eleven sites on the east side of Camino del Mar, and one site on 15th Street, that would allow at least five units per the base zone density and therefore would be able to process a density bonus project once the Ordinance takes effect as shown below. Of the 21 potential multi-unit housing sites, the privately-owned property on 10th Street/Camino del Mar is the only vacant site opportunity for mixed-use development that includes affordable housing; and only three sites are at least one-half acre (considered adequate size per HCD).
Dwelling Unit (du) Potential in CC Zone – Eligible to Process Density Bonus Project at 20 du/acre Site Lot Size Side of
CDM
Base Density Units1
(pre-density bonus)
With Max 50%
Density Bonus
1 915 Camino del
Mar/300 9th St.
0.39 acres (16,908 sf) East 8 dus 12 dus
2 910 Camino del Mar 0.34 acres (14,941 sf) West 7 dus 11 dus 3 APNs 300-172-13, -
14 (vacant) 10th
Street/CDM
0.44 acres (19,166 sf) West 9 dus 14 dus
4 1011 Camino del Mar 0.65 acres (28,353 sf) East 13 dus 20 dus 5 1047 Camino del Mar 0.51 acres (22,188 sf) East 11 dus 17 dus 6 1135 Camino del Mar 0.30 acres (13,195 sf) East 6 dus 9 dus 7 1110 Camino del Mar 0.30 acres (13,392 sf) West 6 dus 9 dus 8 1104 Camino del Mar 0.21 acres (9,461 sf) West 5 dus 8 dus 9 1101-1105 CDM 0.23 acres (10,216 sf) East 5 dus 8 dus 10 1125 Camino del Mar 0.24 acres (10,475 sf) East 5 dus 8 dus 11 1201 Camino del Mar 0.45 acres (19,649 sf) East 9 dus 14 dus 12 1219-1229 CDM 0.32 acres (14,222 sf) East 7 dus 11 dus 13 1234 Camino del Mar 0.33 acres (14,739 sf) West 7 dus 11 dus 14 1310-1312 CDM 0.24 acres (10,650 sf) West 5 dus 8 dus 15 1330-1342 CDM 0.24 acres (10,779 sf) West 5 dus 8 dus 16 1327-1349 CDM and
317 14th Street
0.84 acres (36,377 sf) East 17 dus 26 dus
1 Base Density Dwelling Unit Potential is calculated by multiplying the lot size (in acres) by the density (20 du/ac) 9 March 18, 2024 Item 08
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17 1401 Camino del Mar 0.25 acres (11,029 sf) East 5 dus 8 dus 18 1431 Camino del Mar 0.44 acres (19,165 sf) East 9 dus 14 dus 19 1404 Camino del Mar 0.33 acres (14,244 sf) West 7 dus 11 dus 20 1438 Camino del Mar 0.21 acres (9,375 sf) West 5 dus 8 dus 21 201-211 15th Street 0.21 acres (9,300 sf) N/A 5 dus 8 dus New Housing Capacity Potential in CC Zone 154 dus 243 dus Public Facilities
The PF zone applies to ten public facilities, all of which are City-owned with the exception of the County owned Del Mar Library and federally owned U.S. Post Office. A Sites Analysis identified housing development potential for nine public facilities in the PF Zone including: the vacant 10th Street and 28th Street lots in the City’s 6th Cycle Housing Element, Del Mar Civic Center, Del Mar Library, United States Post Office, and four water towers (Pine Needles, Crest, 11th Street, and Zuni). The Post Office, Del Mar County Library, and Del Mar’s Civic Center are located in the Village Center adjacent to the CC Zone between 9th Street and 15th Street. The four water towers are spread throughout the Hills District.
Although evaluated as a potential site in the 6th Cycle PEIR, the Shores Park (APNs 300-200- 01, 300-200-02, 300-200-22, 300-200-23) was explicitly excluded as a potential site for housing in the certified 6th Cycle Housing Element and will not allow housing use. See Ordinance Section Three, which explicitly excludes Shores Park from the PF Zone allowance for residential use at 20 du/ac.
The PF General Plan land use designation in the Land Use Element/Community Development Section would be amended as follows (Attachment A):
Public Facilities
This land use category is limited to publicly owned land set aside, or in use, to support public schools and governmental offices and facilities, and multiple dwelling unit residential with affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
The existing LCP Land Use Plan land use designation would be similarly amended. See Ordinance Sections Four and Five (Attachment B) and strikeout-underline (Attachment C).
The PF zone (DMMC Section 30.31.020) would also be amended to allow residential development up to a density of 20 dwelling units per acre or the maximum number of dwelling units specified for the parcel in the certified Housing Element, whichever density is greater.
The purpose is to identify potential opportunities for affordable housing for lower income households and provide the ability for the City to pursue affordable housing on the sites 10 March 18, 2024 Item 08
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included in the 6th Cycle Housing Element. See Ordinance Section Three (Attachment B) and strikeout-underline (Attachment C).
Properties in the PF Zone are publicly owned. The City will process projects in the PF Zone subject to the typical discretionary process, including Design Review Board review, and subject to the development standards of the PF Zone.
PF Zone Development Standards
Existing PF Zone Standards Proposed PF Zone
Standards for Affordable
Housing
Density N/A Up to 20 du/ac or the
maximum number of dwelling
units specified for the parcel
in the certified Housing
Element, whichever density is
greater.
Setbacks Minimum ten-foot-wide setback on
properties along common boundary
of PF zone with any adjacent
residentially zoned property.
No change
Height 26 feet. Additionally, structures on
property fronting on the west side of
Camino del Mar shall not exceed a
height of 14 feet above the curb
level(s) adjacent to the site along
Camino del Mar.
No change
Floor Area/
Lot Coverage
N/A Housing development must
comply with the maximum
floor area and lot coverage
applicable to adjacent
properties with a common
boundary.
Building Design All development shall be subject to advisory review by Design Review Board. The design, scale, height, bulk, coverage, and exterior appearance of all structures shall be in harmony with neighborhood character and development on nearby lots. Design considerations shall include the preservation of privacy on neighboring residential properties and shall consider a project's potential impact on preservation of views to the ocean from both public and private lands.
Parking Off-street parking is required in accordance with DMMC Chapter
30.80 (Parking) or State DBL, as applicable, where:
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DMMC Chapter 30.80 requires one space per 1-bedroom
unit, two spaces per 2-3 bedrooms, three spaces for 4
bedrooms, and 0.25 spaces per unit for guest parking; and State DBL provides reduced ratios of one space per 0-1- bedroom unit, 1.5 spaces per 2-3 bedroom unit, 2.5 spaces per unit with four or more bedrooms, and no guest parking.
Sites Analysis for PF Zone
A Sites Analysis was prepared to identify the housing development potential for nine public facilities in the PF Zone including the vacant 10th Street and 28th Street lots in the City’s 6th Cycle Housing Element, and the Del Mar Civic Center, Del Mar Library, United States Post Office, and four water towers (Pine Needles, Crest, 11th Street, and Zuni). All properties are City owned with the exception of the County owned Del Mar Library and federally owned U.S.
Post Office. See Report Attachment E for additional details.
As shown in the table below, the Housing Element confirms that the two City-owned vacant lots at 28th Street lot and 10th Street lot (in overall Del Mar Civic Center complex) have existing capacity to develop seven small affordable units. The remaining PF Zone sites can provide additional capacity (up to 86 dwelling units).
Sites in PF Zone – Potential for Housing Development
Facility Lot Size Dwelling Unit
(du) Potential
(20 du/ac)
1 28th Street Vacant parcel: Site in Housing
Element
0.06 acres (2,614 sf) 3 du per HE
2 10th Street Vacant parcel/Civic Center
expansion lot: Site in Housing Element
0.10 acre (4,356 sf) 4 du per HE
3 Civic Center Complex (not including 10th St lot) 1.46 acres 29 du 4 Del Mar Library 0.27 acres (11,924 sf) 5 du
5 US Post Office 0.79 acres (34,372 sf) 15 du
6 Crest Water Tower 0.31 acres (13,708 sf) 6 du
7 11th Street Water Tower 0.77 acres (33,513 sf) 15 du
8 Zuni Water Tower 0.63 acres (27,479 sf) 12 du
9 Pine Needles Water Tower 0.20 acres (8,728 sf) 4 du
10 Shores Park: No housing per Hsg Element 5.3 acres N/A While the Del Mar Civic Center Complex, water towers, Del Mar Library, and United States Post Office facilities are currently being relied upon for public use and are not part of the adopted housing strategy to produce housing for the 6th Cycle, the analysis shows that there are housing opportunities on these sites that could be considered as part of future actions if needed. For example, these sites may be considered for use in future Housing Element cycles or to address the “no net loss” State Housing rules in circumstances when certain housing sites require replacement housing.
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The certified Housing Element and proposed Ordinance both explicitly exclude the Shores Park facility as a potential site for housing. A rezone of Shores Park to Public Parkland was requested by members of the public as an alternative approach to prohibit housing use.
However, that would not provide the Shores Park property with any additional protections against future housing development, and doing so would be inconsistent with the current uses on-site (Winston school and Del Mar Community Building), which are anticipated to continue on the Shores Park property for the foreseeable future. Instead, the proposed Ordinance retains the Public Facilities zoning that will allow for the current and planned future uses of Shores Park (park, school, community building), while also expressly excluding housing development as an allowed use for the property.
HOUSING IMPACT:
The amendments will increase the City’s housing capacity by creating sites allowing 20 dwelling units per acre to facilitate future development of affordable housing in accordance with the certified 6th Cycle Housing Element. Housing Element Program 6B (Affirmatively Furthering Fair Housing) identifies that, “the City is committed to implement a suite of actions to create new opportunities for housing mobility and relocation to and within Del Mar with a goal of creating 100 additional housing opportunities beyond RHNA to improve housing choice and affordability options for moderate income, lower income, and special needs households.” As required by the 6th Cycle Housing Element, the proposed amendments are specified actions to create these additional new housing opportunities.
In HCD’s approval of the 6th Cycle Housing Element, it requires the City to create and maintain adequate sites for affordable housing within the first three years of the housing cycle (by April 2024). As site capacity for housing is increased through General Plan, Zoning, and LCP amendments, it allows the City to utilize the new housing opportunity sites created to meet future Housing Element requirements.
The new housing opportunity sites may also be used to address the “no net loss” State Housing rules that apply in circumstances when certain housing sites require replacement housing (Government Code Section 65863). Pursuant to the State’s rules for no net loss, a local jurisdiction must ensure that development opportunities remain available throughout the Housing Element planning period to accommodate RHNA. If a local jurisdiction approves development on a parcel identified in the Housing Element Sites Inventory with fewer units than shown in the Housing Element, the jurisdiction must either make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income category or identify and make available sites to accommodate the remaining unmet RHNA. The City monitors entitlement and permitting activities throughout the housing cycle to ensure there are adequate sites to align with the Housing Element.
Adoption of the CC/PF amendments will confirm the City’s existing capacity to develop seven lower income units on two City-owned vacant sites per the 6th Cycle Housing Element; and 13 March 18, 2024 Item 08
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will identify new opportunities for lower income housing. This includes potential for 154 to 243 total dwelling units through density bonus projects in the CC zone (a portion of which would be required to be lower income units); and potential for an additional 86 units in the PF zone, that have not been relied upon as sites for the 6th Cycle Housing Element or any prior housing cycle.
FISCAL IMPACT: There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT: The 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 These amendments have been analyzed and it has been determined that they would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the Final PEIR. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary. The 15162 CEQA Analysis prepared for this project is available for review in Report Attachment D.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the identified zoning actions in compliance with the City’s 6th Cycle Housing Element is a Tier 1 (Highest) City Council priority that are required per State law and the Housing Element to be completed by April 2024.
ATTACHMENTS:
Attachment A – Resolution to Amend the Del Mar Community Plan Attachment B – Ordinance to Amend the City’s Zoning Regulations/Certified LCP Attachment C – Strikeout-Underline Copy of Ordinance
Attachment D – CEQA 15162 Analysis
Attachment E – CC/PF Zone Sites Analysis
Attachment F – Summary of State Density Bonus Law
14 March 18, 2024 Item 08
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA AMENDING THE DEL MAR COMMUNITY
PLAN (GENERAL PLAN) GPA 24-001 TO AMEND THE LAND
USE DESIGNATIONS FOR CENTRAL COMMERCIAL AND
PUBLIC FACILITIES TO ALLOW A DENSITY OF 20 DWELLING
UNITS PER ACRE FOR PROJECTS WITH AFFORDABLE
HOUSING FOR LOWER INCOME HOUSEHOLDS IN
ACCORDANCE WITH PROGRAM 1C (CENTRAL
COMMERCIAL) AND PROGRAM 1H (PUBLIC FACILITIES)
CONSISTENT WITH THE REQUIREMENTS IN THE CITY’S
CERTIFIED 6
TH CYCLE HOUSING ELEMENT THAT IS A PART
OF THE DEL MAR COMMUNITY PLAN
WHEREAS, the City of Del Mar’s certified Housing Element is a part of the Del Mar Community Plan; and
WHEREAS, the Del Mar Community Plan is the City’s General Plan; and WHEREAS, the City of Del Mar Community Plan 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, in the State of California, the Housing Element is one of many required components of the required General Plan that local jurisdictions must adopt; and WHEREAS, the City’s overall stated housing goal in the Housing Element is 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, review for compliance with the Del Mar Community Plan requires review and consideration of the City’s policies and program commitments in the certified Housing Element; and
WHEREAS, the certified 6th Cycle Housing Element identifies programs and resources required for the preservation, improvement, and development of housing to meet the existing and projected needs of its population; and WHEREAS, the certified Housing Element requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 verylow income units, 64 low-income units, 31 moderate-income units, and 31 above moderate-income 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 15 March 18, 2024 Item 08
Resolution No. 2024-XX
WHEREAS, amending the Del Mar Community Plan to allow a density of 20 dwelling units per acre is identified in Housing Element Programs 1C (Central Commercial), 1H (Public Facilities), and Program 6B (Fair Housing) as actions to create sites to meet the City’s affordable housing obligations and provide additional opportunities beyond RHNA for moderate income households, lower income households, and special needs households in compliance with State law; and WHEREAS, the California Department of Housing and Community Development (HCD) stated 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, these amendments to the CC and PF Zones are necessary for the City to meet its 6th Cycle Housing Element commitments and remain in compliance with State law; and
WHEREAS, the Notice of Availability and notice of Planning Commission public hearing for the Community Plan Amendment was posted in the Del Mar Times on January 25, 2024, and individual mailed notices were sent to all interested parties, including the list of required stakeholders in accordance with Government Code Sections 65090 and 65091; and
WHEREAS, on January 25, 2024, letters were mailed to all local tribes who have requested notification in accordance with requirements of California Assembly Bill (AB) 52 and offered consultation in accordance with AB 52, and WHEREAS, City staff provided responsive information to the San Pasqual Band of Mission Indians upon their request on March 4, 2024, for information related to mitigation, monitoring, and reporting protocols to protect environmental resources, including tribal cultural resources; and
WHEREAS, on February 13, 2024, the Planning Commission recommendation hearing item was adjourned to a duly noticed special meeting to resume the public hearing on February 21, 2024, due to technical audio issues; and WHEREAS, during the February 21, 2024, noticed public hearing held in accordance with Government Code Section 65353, the Planning Commission recommended the City Council approve the CEQA determination and adopt the amendments to the Community Plan, Zoning Code, and Local Coastal Program with a stipulation of applying the maximum height of the certified LCP based on the local topography that slopes down east to west, existing public scenic views, and the need to maintain the existing pedestrian scale in accordance with the Del Mar Community Plan and certified LCP; and
WHEREAS, the Planning Commission review focused heavily on the fact the amendments will allow a base zone density of up to 20 dwelling units per acre, which 16 March 18, 2024 Item 08
Resolution No. 2024-XX
will make certain properties eligible to apply for processing of a density bonus project per State Density Bonus Law; and
WHEREAS, the Planning Commission’s recommendation accounted for the unique circumstances in the CC Zone (i.e., small-scale pedestrian oriented character and public scenic views throughout the zone due to topography that slopes down towards the South beach shoreline to the west) and expresses that the City must continue to hold development, including Density Bonus projects, to the existing height limits in the LCP which are a maximum of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar; and WHEREAS, on February 29, 2024, the notice of City Council public hearing was published in the Del Mar Times and mailed notices were sent to all interested parties including those who participated through the Planning Commission hearing on February 21, 2024; and
WHEREAS, adoption of this Resolution will amend the Del Mar Community Plan to implement the 6th Cycle Housing Element commitments in order to maintain compliance with State law; and
WHEREAS, the General Plan Amendment (amending the Del Mar Community Plan) to allow 20 dwelling units per acre density for the Central Commercial and Public Facilities land use designations, subject to specific criteria and context specific factors, is consistent with the amendments to the Local Coastal Program and Zoning Code (Del Mar Municipal Code Title 30) in process via a separate Ordinance and State law requirements (Government Code Section 65860) that require the land use and zoning designations for a site to be consistent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:
1. The above recitals are true and correct.
2. The City Council hereby adopts the amendment to the Central Commercial land use category in the Community Development Section of the Del Mar Community Plan to read as follows:
Central Commercial
This land use category is intended to allow activities that preserve and enhance the Village Center District of Del Mar including pedestrian oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
3. The City Council hereby adopts the amendment to the Public Facilities land use 17 March 18, 2024 Item 08
Resolution No. 2024-XX
category in the Community Development Section of the Del Mar Community Plan to read as follows:
Public Facilities
This land use category is limited to publicly owned land set aside, or in use, to support public schools and governmental offices and facilities, and multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 18th day of March, 2024. _____________________________________
Terry Gaasterland, Deputy Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
18 March 18, 2024 Item 08
Resolution No. 2024-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of March, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
19 March 18, 2024 Item 08
ATTACHMENT B
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, AMENDING THE DEL MAR
MUNICIPAL CODE (ZONING CODE) CHAPTER 30.22
CENTRAL COMMERCIAL (CC) ZONE REGULATIONS AND
CHAPTER 30.31 PUBLIC FACILITIES (PF) ZONE; AND THE
CITY’S CERTIFIED LCP ALL RELATING TO
IMPLEMENTATION OF THE 6TH CYCLE HOUSING
ELEMENT PROGRAMS 1C (CC ZONE) AND 1H (PF ZONE)
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, and that local jurisdictions are mandated to comply with applicable State housing laws; 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’s certified Housing Element is one of many required components that is part of the Del Mar Community Plan consistent with State laws applicable to General Plans; and
WHEREAS, the certified Housing Element identifies programs and resources required for the preservation, improvement, and production of housing to meet the existing and projected needs of its population which requires the creation of additional affordable housing stock; and
WHEREAS, the certified Housing Element for the 6th Cycle years 2021-2029 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 moderateincome units, and 31 above moderate-income 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, the proposed amendments to the Del Mar Community Plan, Zoning Code, and Local Coastal Program (LCP) are required per State law to be adopted by April 2024 to implement the City’s 6th Cycle Housing Element commitments identified in 20 March 18, 2024 Item 08
Ordinance No. XXXX
Program 1C (Central Commercial), Program 1H (Public Facilities), and Program 6B (Fair Housing) in order to maintain compliance with State law and avoid decertification of the Housing Element; and
WHEREAS, amending the existing Central Commercial (CC) Zone and Public Facilities (PF) Zone to allow a density of 20 dwelling units per acre will maintain adequate sites to meet the City’s affordable housing obligations and provide additional opportunities beyond RHNA for moderate income households, lower income households, and special needs households in compliance with State law; 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 Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, over the past decade State laws have continued to reduce local and impose regulatory schemes that conflict with local procedures that typically require discretionary review, public participation, and public hearings; and WHEREAS, to-date State housing laws have not preempted the California Coastal Act, which at the local level is implemented by the City’s certified LCP; and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, State Density Bonus Law (DBL) is one example of a State law that still applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development; and
WHEREAS, proposed Density Bonus projects must comply with current State DBL, the California Coastal Act, and the City’s certified LCP and may be approved at a density above the maximum set in the Del Mar Community Plan, Zoning Code, and LCP if a certain number of units are income-restricted and reserved for affordable housing (very low, low, and moderate-income households); and
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WHEREAS, State DBL provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application (Cal. Gov. Code. Sec. 65915) and applicants must provide reasonable documentation to explain how requests for incentives will reduce development costs to build a project and demonstrate how waiver requests would physically preclude development of a project; and WHEREAS, the City 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 to ensure protection of sensitive coastal habitats and resources, public coastal view sheds, coastal parking for public access, and public health and safety; and
WHEREAS, City staff engaged in public outreach to encourage public participation in formulating these draft regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Planning Commission and City Council meetings; and
WHEREAS, the Notice of Availability and Notice of Planning Commission public hearing for the Amendments to the Community Plan, Zoning Ordinance, and LCP was posted in the Del Mar Times on January 25, 2024, and individual mailed notices, including notices to local tribes per Assembly Bill (AB 52), were sent to all interested parties; and WHEREAS, City staff provided responsive information to the San Pasqual Band of Mission Indians upon their request on March 4, 2024, for information related to mitigation, monitoring, and reporting protocols to protect environmental resources, including tribal cultural resources; and
WHEREAS, on February 13, 2024, the Planning Commission recommendation hearing item was adjourned to a duly noticed special meeting to resume the public hearing on February 21, 2024, due to technical audio issues; and WHEREAS, during the February 21, 2024, noticed public hearing, the Planning Commission recommended the City Council approve the CEQA determination and adopt the amendments with a stipulation of applying the maximum height of the certified LCP based on the local topography that slopes down east to west, existing public scenic views, 22 March 18, 2024 Item 08
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and the need to maintain the existing pedestrian scale in accordance with the Del Mar Community Plan and certified LCP; and
WHEREAS, the Planning Commission review focused heavily on the fact the amendments will allow a base zone density of up to 20 dwelling units per acre, which will make certain properties eligible to apply for processing of a density bonus project per State Density Bonus Law; and
WHEREAS, the Planning Commission’s recommendation accounted for the unique circumstances in the CC Zone (i.e., small-scale pedestrian oriented character and public scenic views throughout the zone due to topography that slopes down towards the South beach shoreline to the west) and expresses that the City must continue to hold development, including Density Bonus projects, to the existing height limits in the LCP which are a maximum of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar; and
WHEREAS, on February 29, 2024, the notice of City Council public hearing was published in the Del Mar Times and mailed notices were sent to all interested parties including those who participated through the Planning Commission hearing on February 21, 2024; and
WHEREAS, adoption of this Ordinance (allowing 20 dwelling units per acre density in the Central Commercial and Public Facilities Zones, subject to specific criteria and context specific factors) will amend the Del Mar Municipal Code Title 30 Zoning Code and certified Local Coastal Program to implement the 6th Cycle Housing Element commitments in order to maintain compliance with State law and avoid decertification of the Housing Element.
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 General Plan Amendment (amending the Del Mar Community Plan land use designations for Central Commercial and Public Facilities) adopted by separate Resolution and the amendments to the Local Coastal Program and Zoning Code (Del Mar Municipal Code Title 30) in this Ordinance are consistent with State law requirements (Government Code Section 65860) that require the land use and zoning designations for a site to be consistent.
3. The CC Zone applies to the majority of land within the City’s Village Center, which is a pedestrian-oriented downtown that runs along Camino del Mar between 9th Street and 15th Street. This area is Del Mar’s principal commercial, visitor-serving, small-scale, pedestrian oriented downtown, which includes scenic blue water 23 March 18, 2024 Item 08
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ocean views. The existing regulations limit building height to 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar. The applicable Community Plan and LCP policies reflect the community vision to maintain the unique, small-town character and strong community identity through building design and height limits, which preserve ocean views and promote an open space small-town atmosphere.
4. Within the CC Zone, there is one developed multi-tenant commercial property known as “Stratford Square” that is located at 1438 Camino del Mar in the Historic Preservation Overly Zone. The property is a non-vacant commercial property that is small in size at 0.21 acres (9,375 sf). While the property may become eligible to process a Density Bonus project per State DBL as a result of the density increase to 20 dwelling units per acre, any proposed development would be required to be consistent with State and Federal law, including provisions for protection of historic resources and the public health and safety.
5. The PF zone applies to ten public facilities, all of which are City-owned with the exception of the Del Mar Library (County-owned) and U.S. Post Office (Federallyowned). A Sites Analysis identified housing development potential for nine public facilities in the PF Zone including: the vacant 10th Street and 28th Street lots in the City’s 6th Cycle Housing Element, the Del Mar Civic Center, Del Mar Library, United States Post Office, and four water towers (Pine Needles, Crest, 11th Street, and Zuni). Shores Park was explicitly excluded as a potential site for housing in the certified 6th Cycle Housing Element.
6. Within the PF Zone, there is one vacant property at 28th Street that is located within the floodplain identified by the Federal Emergency Management Agency (FEMA) as subject to periodic inundation due to flooding as identified by best available science, are being exacerbated by climate change and sea level rise (existing and projected). Applicable federal, state, and local regulations ensure that new development in the floodplain will be appropriately sited and constructed so as to avoid hazards to those who will occupy the development; and to avoid damage or hazards to the surrounding area. On a citywide basis, the City is addressing projected 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 the City-owned vacant 28th Street parcel, must 24 March 18, 2024 Item 08
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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. There are no known environmentally sensitive coastal resources or environmentally sensitive habitat areas in the CC Zone or PF Zone. 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). State Density Bonus law specifically provides that coastal resource protections found in the California Coastal Act are not to be superseded or its effects lessened.
8. Within the CC Zone and PF Zone and surrounding neighborhoods there are public scenic view corridors to coastal resources that are protected under the California Coastal Act. Consistent with the Coastal Act Chapter 3, Article 6, Section 30251, 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). 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).
9. State DBL does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Density Bonus project 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, including the existing certified height limit of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar, may be placed on Density Bonus project development to ensure protection of public scenic coastal vistas.
10. Application of the existing height in the certified LCP for the CC Zone will implement the Del Mar Community Plan and certified LCP Land Use Plan policies to maintain pedestrian scale and preserve public scenic views that exist throughout the CC Zone due to the topography which slopes from the hill above to the east of the CC Zone down toward the south beach shoreline located west of the CC Zone.
NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE: That the title of DMMC Section 30.22.031 for the CC Zone be amended to state “Allowance for Multi-Dwelling Unit Residential Use” and that the section be amended as follows:
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30.22.031 Allowance for Multi-Dwelling Unit Residential Use A. Multiple dwelling unit residential use (0-20 dwelling units per acre) is an allowed use in the CC zone for mixed use projects that include an affordable housing component for lower income households. The minimum amount of affordable housing units included in a project must be calculated in accordance with Chapter
24.21 and provided on site. Any fractional unit obligation shall be rounded up.
B. Proposed multiple dwelling unit development shall maintain a pedestrian-oriented, predominately retail village character, with attractive walkways and courts which encourage social interaction.
C. Project design shall minimize bulk and mass and consider and include design features to preserve privacy on neighboring residential properties.
D. Project design shall consider and include design features to preserve views to the ocean and shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
SECTION TWO: That DMMC Section 30.22.032 for the CC Zone be amended as follows:
30.22.032 Allowable Uses in Non-Street Frontage Building Spaces The following are, pursuant to existing zoning regulations, permitted uses in non-street frontage building spaces but do not qualify as Street-Frontage Building Spaces:
A. Any use allowed in Street-Frontage Building Spaces, as identified in this Chapter.
B. Offices, including Professional, Medical, Real Estate and Financial Institutions.
C. Multiple dwelling unit residential use in compliance with Section 30.22.031.
SECTION THREE: That DMMC Section 30.31.020 (PF Zone Allowed Uses) be amended as follows:
30.31.020 Allowable Uses
The following uses are allowable in the PF Zone:
A. Public schools.
B. Private schools that are open to the public and whose primary function is providing educational programs for pre-school students and students in grades K through
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C. City, county, state and federal buildings and uses, including:
Administrative offices
Fire and police stations
Public works buildings
Public meeting rooms or chambers
Libraries
Postal offices
Public parking facilities
Public parks and playgrounds
D. Utility structures, such as: Pump stations and water tanks E. With the exception of the Shores Park site (APNs 300-200-01, 300-200-02, 300- 200-22, 300-200-23), multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households shall be an allowed use in the PF zone. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
1. Proposed multiple dwelling unit residential development shall comply with the maximum height and setbacks specified in Section 30.31.070 and with the maximum floor area and lot coverage applicable to adjacent properties with a common boundary in accordance with the certified Local Coastal Program.
2. Project design shall minimize bulk and mass and consider and include design features to preserve privacy on neighboring residential properties.
3. Project design shall consider and include design features to preserve views to the ocean and shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
SECTION FOUR: That the City’s certified Local Coastal Program Land Use Plan Chapter II Land Use Development policies for the South Beach District and the Village Center District be amended as follows:
C. LAND USE DEVELOPMENT GOALS AND POLICIES - BY DISTRICT The City of Del Mar is comprised of residential areas with several commercial areas interspersed. The majority of the City's commercial uses are focused along Camino del Mar between Paseo de las Flores to the north and 9th Street to the south.
The following descriptions and policies have been grouped in relation to the individual districts within the City. These separate districts and their respective boundaries are 27 March 18, 2024 Item 08
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illustrated on Figure II-B. Figure II-A contains the specific land use designations assigned to property throughout the City and a corresponding identification of the activities and uses allowed in each of the land use designations.
The following policies for specific geographic areas (districts) shall be implemented in concert with the Land Use Designation Map and the general development policies cited above in Section II-B. While the numbered sections below include descriptions of the general boundaries of separate land use designation areas, the Land Use Map (Figure IIA) should be consulted for a determination of boundary lines. [No change to #1 through 4]
5. South Beach District:
The South Beach district contains a portion of Seagrove Park which is designated as PP (Public Parkland). The Shores Park is designated as PF (Public Facilities) and is developed with a public park, private school, and local non-profit uses and accessory off-street parking. To the south of the school site, the area along the west side of Camino del Mar is designated for VC (Visitor Commercial) with the same restrictions on use as described for the VC designation in the North Beach District. The remainder of the South Beach District is designated for residential uses as follows:
That portion of the district bounded by 15th Street on the north, 9th Street on the south, the AT & SF Railway right-of-way on the west and the Village Center District on the east is designated for R2 (High Density) at a maximum density of 12.5 du/ac. A one block area to the east is designated for RC (Residential Commercial) which allows a mix of residential and commercial uses on each site, provided that no more than 40% of the floor area on site is devoted to commercial uses. Further to the south, the area is designated as RMS (Medium Density Multiple-South) which allows a maximum density of 10.9 du/ac. While the district does allow the development of higher density residential projects, the approval of such projects shall be granted only when they are found to be consistent with the general and specific policies of this Land Use Plan. These policies are intended to minimize traffic and parking impacts associated with such development and to ensure that those higher density projects are aesthetically pleasing. [No change to #6 through 8]
9. Village Center District
This area is designated primarily as Central Commercial (CC) and is Del Mar’s principal commercial, visitor serving and professional area. The Village Center is a pedestrianoriented downtown that is intended to group housing, retail services, and commercial services with facilities for civic and community activities. It extends along both sides of Camino del Mar, beginning at 9th Street and reaching north to 15th Street. The District contains the site of the U.S. Post Office, City Hall, and City of Del Mar’s branch of the County of San Diego Library designated as PF (Public Facilities) on the Land Use Map. 28 March 18, 2024 Item 08
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Multiple specific plan areas are also included in the Village District. The Specific Plan for the Del Mar Hotel, (HSP west side of Camino del Mar at 15th Street) generally limits the uses on the site to a hotel, timeshare and short term rental units and associated retail uses. The Specific Plan for the Del Mar Plaza, (PSP east side of Camino del Mar at 15th Street) generally limits the uses on site to restaurant and retail uses with a small percentage allowed for office use. The 941 Camino del Mar Specific Plan (941SP east side of Camino del Mar at 10th Street) generally limits the uses to a combination of restaurant, retail, short term rental, and residential uses. Each of the Specific Plan areas devotes a portion of the property to public and quasi-public use. Each of these specific plans was voter approved and requires a recorded Development Agreement between the City and the developer/property owner. Where a particular conflict arises between the provisions of a valid and recorded Development Agreement and any policies of this Land Use Plan that have been subsequently adopted, the former shall continue to be binding and shall supersede the subsequently adopted policies of this Land Use Plan.
Subsequent development agreements or amendments to existing Development Agreements shall be consistent with the Land Use Plan in effect at the time.
The CC (Central Commercial) designation encompasses the majority of land within the Village District. The CC designation allows for a variety of commercial uses aimed at serving the needs of both residents and visitors to the area. Due to the City’s popularity as a visitor-destination point, the majority of the property in the CC Zone has been developed with uses that serve both residents and visitors. The Central Commercial area allows pedestrian oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households and is designed consistent with the policy intent to retain a pedestrian-oriented downtown and compliance with the certified Local Coastal Program. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
In order to facilitate the demand for more goods and services, the following policies have been developed to better utilize the commercially designated land in the Village Center District.
a. In the Village Center District, large single purpose businesses, and businesses catering to an automotive public (drive-through banks, drive through food stands, etc.) shall be discouraged.
b. In the Village Center District, building designs which incorporate a unique and small-town character shall be encouraged and building designs which are based on a corporate identity or logo shall be discouraged.
c. In the Village Center District, retail enterprises whose primary purposes are to satisfy the needs of the community and enhance the quality and convenience of life in Del Mar shall be encouraged.
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d. In the Central Commercial portion of the Village Center District, retail uses shall be encouraged over office uses for floor area located at the street level of structures fronting Camino del Mar.
e. While some office space is desirable, it shall be concentrated in the southern portion of the Village Center District.
f. In addition to a variety of commercial businesses, the Village Center District should have a Community Center, complete with Council Chambers, City Hall, Library and Communications Center; attractive walkways, and a variety of open spaces such as courts and landscaped areas.
g. Pedestrian-oriented streetscape which promotes social interaction, pedestrian use and a strong community identity shall be encouraged in the Village Center District.
h. In the Village Center District, structures shall be in keeping with the pedestrian scale and village character of the community.
i. In the Village Center District, structures shall be of an architectural style which retains a low scale intensity of development, utilizes designs which preserve ocean views, and promotes an open space small-town atmosphere. [No change to #10]
SECTION FIVE: That the City’s certified Local Coastal Program Land Use Plan Map “Land Use Designations/Allowed Uses” descriptions for the CC Zone and the PF Zone be amended as follows:
LAND USE DESIGNATIONS/ALLOWED USES
[No change to R1-40 through CVPP]
CC - Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*, and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
[No change to BC through PP]
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PF - Public schools; City, County, State and Federal buildings; Utility structures; and multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households. [No change to 941 SP through PSP]
SECTION SIX:
Pursuant to the California Environmental Quality Act (CEQA), 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 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 SEVEN:
Pursuant to the certified 6th Cycle Housing Element, these amendments are being adopted prior to April 2024 to implement Housing Element Program 1C (Central Commercial Zone), Program 1H (Public Facilities Zone), and Program 6B (Affirmatively Furthering Fair Housing) to ensure the City’s certified Housing Element continues to be maintained in compliance with State law. 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 that 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.
SECTION EIGHT:
This Ordinance was introduced by the City Council on March 18, 2024.
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.
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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:
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 1st day of April 2024.
________________________________
Terry Gaasterland, Deputy Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
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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 1st day of April, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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1 6
th Cycle Housing Element Programs 1C (CC Zone) and 1H (PF Zone) Amendments Strikeout – Underline Copy
The Strikeout-Underline copy of the proposed amendments identifies more specific details about the amendments being made to the General Plan, Del Mar Municipal Code (DMMC), and Local Coastal Program (LCP). Text shown in underline is new text that is being added. Text shown in strikeout is text that is being deleted.
Draft General Plan (Del Mar Community Plan) Amendment
Amend the existing Central Commercial land use category in the Del Mar Community Plan Community Development Section to read as follows:
Central Commercial
This land use category is intended to allow activities that preserve and enhance the Village Center District of Del Mar. Permitted uses would include including pedestrian oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
Public Facilities
This land use category is limited to publicly owned land set aside, or in use, to support public schools and governmental offices and facilities, and multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households. State law defines a lower income household as individuals or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
Draft LCP Land Use Plan Amendments
1) Amend LCP Land Use Plan Chapter II Land Use Development “Section C” policies for the South Beach District and Village Center District to increase opportunities for affordable housing, as shown in Section C below. (The Background section and select land use policies/goals from the overall LUP Chapter II – Land Use Development section are included to provide context for the proposed amendments); and 2) Amend the land use category and allowed use descriptions that follow in the LCP LUP as a companion document to the LCP land use and zoning designation maps.
CHAPTER II- LAND USE DEVELOPMENT
A. BACKGROUND [No change]
B. LAND USE DEVELOPMENT GOALS AND POLICIES – GENERAL [No change]
ATTACHMENT C
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2 Excerpt from Chapter II Land Use Development “Section B” - Policies II-4 and II-8 in the certified LCP provided to show the LCP policy text for these amendments:
Policy II-4: Increase the City’s overall housing capacity and capability to accommodate housing units in commercial zones while minimizing potential land use compatibility conflicts and assuring priority for coastal-dependent and coastal related development.
Policy II-8: Retain a pedestrian-oriented downtown which groups housing, retail services, and commercial services with facilities for civic and community activities.
C. LAND USE DEVELOPMENT GOALS AND POLICIES - BY DISTRICT The City of Del Mar is comprised of residential areas with several commercial areas interspersed. The majority of the City's commercial uses are focused along Camino del Mar between Paseo de las Flores to the north and 9th Street to the south.
The following descriptions and policies have been grouped in relation to the individual districts within the City. These separate districts and their respective boundaries are illustrated on Figure II-B. Figure II-A contains the specific land use designations assigned to property throughout the City and a corresponding identification of the activities and uses allowed in each of the land use designations.
The following policies for specific geographic areas (districts) shall be implemented in concert with the Land Use Designation Map and the general development policies cited above in Section II-B. While the numbered sections below include descriptions of the general boundaries of separate land use designation areas, the Land Use Map (Figure IIA) should be consulted for a determination of boundary lines. [No change to #1 through 4]
5. South Beach District:
The South Beach district contains a portion of Seagrove Park which is designated as PP (Public Parkland).
The site of the Del Mar Shores School and Del Mar Unified School District offices Shores Park is designated as PF (Public Facilities) and is developed with a public park, private school, and local non-profit uses and accessory off-street parking. To the south of the school site, the area along the west side of Camino del Mar is designated for VC (Visitor Commercial) with the same restrictions on use as described for the VC designation in the North Beach District. The remainder of the South Beach District is designated for residential uses as follows:
That portion of the district bounded by 15th Street on the north, 9th Street on the south, the AT & SF Railway right-of-way on the west and the Village Center District on the east is designated for R2 (High Density) at a maximum density of 12.5 du/ac. A one block area to the east is designated for RC (Residential Commercial) which allows a mix of residential and commercial uses on each site, provided that no more than 40% of the floor area on site is devoted to commercial uses. Further to the south, the area is designated as RMS (Medium Density Multiple-South) which allows a maximum density of 10.9 du/ac.
While the district does allow the development of higher density residential projects, the approval of such projects shall be granted only when they are found to be consistent with the general and specific policies of this Land Use Plan. These policies are intended to minimize traffic and parking impacts associated with such development and to ensure that those higher density projects are aesthetically pleasing. 35 March 18, 2024 Item 08
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3 [No change to #6 through 8]
9. Village Center District
This area is designated primarily as Central Commercial (CC) and is Del Mar’s principal commercial, visitor serving and professional area. The Village Center is a pedestrian-oriented downtown that is intended to group housing, retail services, and commercial services with facilities for civic and community activities. It extends along both sides of Camino del Mar, beginning at 9th Street and reaching north to 15th Street.
The District contains the site of the U.S. Post Office, City Hall, and City of Del Mar’s branch of the County of San Diego Library designated as PF (Public Facilities) on the Land Use Map.
Multiple specific plan areas are also included in the Village District. The Specific Plan for the Del Mar Hotel, (HSP west side of Camino del Mar at 15th Street) generally limits the uses on the site to a hotel, timeshare and short term rental units and associated retail uses. The Specific Plan for the Del Mar Plaza, (PSP east side of Camino del Mar at 15th Street) generally limits the uses on site to restaurant and retail uses with a small percentage allowed for office use. The 941 Camino del Mar Specific Plan (941SP east side of Camino del Mar at 10th Street) generally limits the uses to a combination of restaurant, retail, short term rental, and residential uses. Each of the Specific Plan areas devotes a portion of the property to public and quasi-public use. Each of these specific plans was voter approved and requires a recorded Development Agreement between the City and the developer/property owner. Where a particular conflict arises between the provisions of a valid and recorded Development Agreement and any policies of this Land Use Plan that have been subsequently adopted, the former shall continue to be binding and shall supersede the subsequently adopted policies of this Land Use Plan. Subsequent development agreements or amendments to existing Development Agreements shall be consistent with the Land Use Plan in effect at the time.
The CC (Central Commercial) designation encompasses the majority of land within the Village District. The CC designation allows for a variety of commercial uses aimed at serving the needs of both residents and visitors to the area. Due to the City’s popularity as a visitor-destination point, the majority of the property in the CC Zone has been developed with uses that serve both residents and visitors. The Central Commercial area allows pedestrian oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households and is designed consistent with the policy intent to retain a pedestrian-oriented downtown and compliance with the certified Local Coastal Program. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
In order to facilitate the demand for more goods and services, the following policies have been developed to better utilize the commercially designated land in the Village Center District. a. In the Village Center District, large single purpose businesses, and businesses catering to an automotive public (drive-through banks, drive through food stands, etc.) shall be discouraged. b. In the Village Center District, building designs which incorporate a unique and small-town character shall be encouraged and building designs which are based on a corporate identity or logo shall be discouraged.
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4 c. In the Village Center District, retail enterprises whose primary purposes are to satisfy the needs of the community and enhance the quality and convenience of life in Del Mar shall be encouraged. d. In the Central Commercial portion of the Village Center District, retail uses shall be encouraged over office uses for floor area located at the street level of structures fronting Camino del Mar. e. While some office space is desirable, it shall be concentrated in the southern portion of the Village Center District.
f. In addition to a variety of commercial businesses, the Village Center District should have a Community Center, complete with Council Chambers, City Hall, Library and Communications Center; attractive walkways, and a variety of open spaces such as courts and landscaped areas. g. Pedestrian-oriented streetscape which promotes social interaction, pedestrian use and a strong community identity shall be encouraged in the Village Center District. h. In the Village Center District, structures shall be in keeping with the pedestrian scale and village character of the community.
i. In the Village Center District, structures shall be of an architectural style which retains a low scale intensity of development, utilizes designs which preserve ocean views, and promotes an open space small-town atmosphere.
[No change to #10]
LAND USE DESIGNATIONS/ALLOWED USES
[No change to R1-40 through CVPP]
CC - Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*, and multiple dwelling unit residential (0-20 dwelling units per acre) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households. [No change to BC through PP]
PF - Public schools; City, County, State and Federal buildings; Utility structures; and multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
[No change to 941 SP through PSP]
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5 Draft LCP Zoning Code Amendments to CC Zone
Chapter 30.22 – CENTRAL COMMERCIAL ZONE (CC)
30.22.030 - Allowable Uses in Street-Frontage Building Spaces. [No change] The following uses are allowed in Street Frontage Building Spaces, as defined in this Chapter:
A. Community Services/Cultural Uses. [No change]
B. Personal Service Uses. [No change]
C. Restaurant Use. [No change]
D. Retail Uses. [No change]
30.22.031 - Reserved. Allowance for Multi-Dwelling Unit Residential Use A. Multiple dwelling unit residential use (0-20 dwelling units per acre) is an allowed use in the CC zone for mixed use projects that include an affordable housing component for lower income households. The minimum amount of affordable housing units included in a project must be calculated in accordance with Chapter 24.21 and provided on site. Any fractional unit obligation shall be rounded up.
B. Proposed multiple dwelling unit development shall maintain a pedestrian-oriented, predominately retail village character, with attractive walkways and courts which encourage social interaction.
C. Project design shall minimize bulk and mass and consider and include design features to preserve privacy on neighboring residential properties.
D. Project design shall consider and include design features to preserve views to the ocean and shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
30.22.032 - Allowable Uses in Non Street-Frontage Building Spaces.
The following are, pursuant to existing zoning regulations, permitted uses in non-street frontage building spaces but do not qualify as Street-Frontage Building Spaces:
A. Any use allowed in Street-Frontage Building Spaces, as identified in this Chapter.
B. Offices, including Professional, Medical, Real Estate and Financial Institutions.
C. Multiple dwelling unit residential use in compliance with Section 30.22.031.
Draft LCP Zoning Code Amendments to PF Zone
Chapter 30.31 - PUBLIC FACILITIES ZONE (PF)
30.31.020 - Allowable Uses.
The following uses are allowable in the PF Zone:
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6 A. Public schools.
B. Private schools that are open to the public and whose primary function is providing educational programs for pre-school students and students in grades K through 12.
C. City, county, state and federal buildings and uses, including:
Administrative offices
Fire and police stations
Public works buildings
Public meeting rooms or chambers
Libraries
Postal offices
Public parking facilities
Public parks and playgrounds
D. Utility structures, such as:
Pump stations and water tanks
E. With the exception of the Shores Park site (APNs 300-200-01, 300-200-02, 300-200-22, 300-200- 23), multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households shall be an allowed use in the PF zone. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
1. Proposed multiple dwelling unit residential development shall comply with the maximum height and setbacks specified in Section 30.31.070 and with the maximum floor area and lot coverage applicable to adjacent properties with a common boundary in accordance with the certified Local Coastal Program.
2. Project design shall minimize bulk and mass and consider and include design features to preserve privacy on neighboring residential properties.
3. Project design shall consider and include design features to preserve views to the ocean and shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
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1 15162 Analysis: CC Zone and PF Zone Amendments
The proposed project involves amendments to the City of Del Mar General Plan (Del Mar Community Plan), Municipal Code, and certified Local Coastal Program (LCP) relating to the Central Commercial (CC) Zone and Public Facilities (PF) Zone to allow residential development at a density of 20 dwelling units per acre.
The amendments are required to implement two housing programs (Program 1C and Program 1H) in the City’s 6th Cycle Housing Element. The purpose is to create zoning capacity for future development of multiunit projects that include affordable housing for lower income households.
CEQA Determination
The City as lead agency has determined, pursuant to CEQA Guidelines Section 15162 and based on substantial evidence in light of the whole record that no subsequent or supplemental EIR is required to be prepared for the project. The following analysis was prepared to substantiate this determination.
On October 5, 2020, the 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council (State Clearinghouse (SCH) No. 2020029064) covering environmental analysis for the City’s Housing Element plan and implementation programs. This Final PEIR analyzed the potential for affordable housing on parcels in the CC zone and the PF zone, including the two City-owned 10th Street and 28th Street vacant parcels that are listed in the City’s Housing Element sites inventory.
The 6th Cycle Final PEIR, including the MMRP, is available for review at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required, in that no substantial evidence has been submitted demonstrating that substantial changes are proposed involving new significant effects or an increase in the severity of previously identified effects; no substantial changes have occurred with respect to the circumstances under which implementation of the Housing Element programs are being adopted; and no new information has demonstrated that new significant effects will occur. Future development in the CC Zone and PF Zone will be subject to additional CEQA analysis at the project level as applicable, and at a minimum will be required to comply with the 6th Cycle PEIR MMRP mitigation measures and the objective standards of the City’s certified LCP. In circumstances where State Housing law may impose ministerial permit processing, each Administrative Coastal Development Permit decision would require a finding that the proposed development is consistent with the requirements of the certified Local Coastal Program including the following protections for coastal resources:
• Public access and public recreation policies of Coastal Act Chapter 3, which require preservation of on-street parking to ensure public access to the shoreline will be maintained and account for the prioritization of coastal dependent uses over residential use in commercial zones in certain circumstances;
• Beach Overlay Zone and Setback Seawall Zone provisions and Chapter 3 Policies of Coastal Act relating to shoreline protection;
• Provisions for protection of public scenic views in accordance with the LCP Land Use Plan policies IV-22 through IV-27; and
• Provisions for protection of wetlands and environmentally sensitive habitat areas, which include the City’s very high fire hazard severity areas.
ATTACHMENT D
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2 CC Zone Analysis
The Program 1C housing strategy to create additional housing capacity in the CC Zone was analyzed in the 6 th Cycle Housing Element PEIR. There are 56 parcels in the CC Zone, which were grouped into 39 potential housing sites to reflect locations where contiguous lots are held under the same ownership.
Other than the change in density to allow up to 20 dwelling units per acre, there will be no change to the existing development standards. The existing height limit will continue to apply which is a maximum of 26 feet above grade and an additional height limitation on the west side of Camino del Mar of 14 feet maximum above the curb elevation. The analysis identified that there are existing non-conforming structuresin the CC zone that are as high as 30 feet above grade on the east side of Camino del Mar (across from the Civic Center) and that on the west side of Camino del Mar the existing structures generally conform to a maximum 14 feet above the curb elevation on Camino del Mar.
Initially, staff identified only 14 sites in the CC Zone that may be eligible for State Density Bonus law (DBL).
However, following Planning Commission’s review, seven additional small sites were added to the list of eligible sites to account for State DBL rules that provide for rounding up of the allowable unit count to the nearest whole number (e.g., rounding up 4.2 units to 5 units) instead of traditional rounding to the nearest whole number. As a result, staff identified 18 sites in the CC zone with development potential at four units or less (20 du/ac), and that the remaining 21 potential housing sites would allow 5 units or more per lot and therefore may be eligible to process Density Bonus projects per State DBL. See tables below.
The 21 potential density bonus sites are spread along the east and west sides of the Camino del Mar commercial corridor and include three sites in the 900 block, two sites in the 1000 block, five small sites in the 1100 block, three sites in the 1200 block, three sites in the 1300 block, four sites in the 1400 block, and one site on 15th Street. The range of housing capacity on these sites at a base density of 20 dwelling units per acre would be 5 to 17 dwelling units (pre-density bonus) with a combined housing capacity ranging between 154-243 units. New development would be required to reserve a percentage of the units as deed restricted lower income. Future housing development in the CC Zone will be subject to additional CEQA analysis at the project level as applicable, and at a minimum will be required to comply with the 6th Cycle PEIR MMRP mitigation measures and the objective standards of the City’s certified LCP.
Dwelling Unit (du) Potential in CC Zone – May be Eligible to Process Density Bonus Project at 20 du/acre Site Lot Size Side of CDM Base Density Units
(pre-density bonus)
With Max 50%
Density Bonus
1 915 Camino del
Mar/300 9th Street
0.39 acres (16,908 sf) East 8 dus 12 dus
2 910 Camino del Mar 0.34 acres (14,941 sf) West 7 dus 11 dus 3 APNs 300-172-13, -
14 (vacant) 10th
Street/Camino del
Mar
0.44 acres (19,166 sf) West 9 dus 14 dus
4 1011 Camino del Mar 0.65 acres (28,353 sf) East 13 dus 20 dus 5 1047 Camino del Mar 0.51 acres (22,188 sf) East 11 dus 17 dus 41 March 18, 2024 Item 08
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3 6 1135 Camino del Mar 0.30 acres (13,195 sf) East 6 dus 9 dus 7 1110 Camino del Mar 0.30 acres (13,392 sf) West 6 dus 9 dus 8 1104 Camino del Mar 0.21 acres (9,461 sf) West 5 dus 8 dus 9 1101-1105 CDM 0.23 acres (10,216 sf) East 5 dus 8 dus 10 1125 Camino del Mar 0.24 acres (10,475 sf) East 5 dus 8 dus 11 1201 Camino del Mar 0.45 acres (19,649 sf) East 9 dus 14 dus 12 1219-1229 CDM 0.32 acres (14,222 sf) East 7 dus 11 dus 13 1234 Camino del Mar 0.33 acres (14,739 sf) West 7 dus 11 dus 14 1310-1312 CDM 0.24 acres (10,650 sf) West 5 dus 8 dus 15 1330-1342 CDM 0.24 acres (10,779 sf) West 5 dus 8 dus 16 1327-1349 CDM and
317 14th Street
0.84 acres (36,377 sf) East 17 dus 26 dus
17 1401 Camino del Mar 0.25 acres (11,029 sf) East 5 dus 8 dus 18 1431 Camino del Mar 0.44 acres (19,165 sf) East 9 dus 14 dus 19 1404 Camino del Mar 0.33 acres (14,244 sf) West 7 dus 11 dus 20 1438 Camino del Mar 0.21 acres (9,375 sf) West 5 dus 8 dus 21 201-211 15th Street 0.21 acres (9,300 sf) N/A 5 dus 8 dus Sites in CC Zone – Not Eligible to Process Density Bonus Project per State Density Bonus Law (DBL) (Minimum Base Density of 5 Dwelling Units per Project is Required per DBL) Site Lot Size Unit Potential
(20 du/ac)
1 318 9th Street 0.19 acres (8,453 sf) 3 dus
2 240 9th Street 0.19 acres (8,420 sf) 3 dus
3 944 Camino del Mar 0.19 acres (8,488 sf) 3 dus
4 1130 Camino del Mar 0.16 acres (6,992 sf) 3 dus
5 1140 Camino del Mar 0.09 acres (3,980 sf) 1 du
6 APN 300-092-15 (vacant) 0.09 acres (4,081 sf) 1 du
7 243 12th Street 0.19 acres (8,580 sf) 3 dus
8 1237 Camino del Mar 0.19 acres (8,454 sf) 3 dus
9 1247 Camino del Mar 0.13 acres (5,938 sf) 2 dus
10 1202 Camino del Mar 0.18 acres (8,151 sf) 3 dus
11 1212 Camino del Mar 0.14 acres (6,081 sf) 2 dus
12 1226 Camino del Mar 0.14 acres (6,122 sf) 2 dus
13 1302 Camino del Mar 0.14 acres (6,063 sf) 2 dus
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4 14 1328 Camino del Mar 0.07 acres (3,412 sf) 1 du
15 1412, 1414 Camino del Mar 0.16 acres (7,100 sf) 3 dus 16 1424 Camino del Mar 0.16 acres (7,100 sf) 3 dus
17 221 15th Street 0.14 acres (6,230 sf) 2 dus
18 215 15th Street 0.07 acres (3,100 sf) 1 du
PF Zone Analysis
The Program 1H housing strategy confirms available housing capacity on publicly-owned sites in the PF Zone, excluding the Shores Park site (APNs 300-200-01, 300-200-02, 300-200-22, 300-200-23). The amendments would create nine potential housing sites for small multi-unit development. Each site was previously analyzed in accordance with CEQA in the 6th Cycle Housing Element PEIR as identified above.
All future housing development on these sites would be subject to additional CEQA analysis at the project level and the City’s typical discretionary design review permit/coastal development permit process.
The 6
th Cycle Housing Element identified these two sites for development of seven lower income units:
• 28th Street Vacant lot (3 small lower income units) – This vacant lot is located in the Floodplain Overlay Zone and Coastal Commission Appeals boundary and would be required to implement all applicable mitigation measures identified in the 6th Cycle Housing Element PEIR; and • 10th Street Vacant lot at Civic Center complex (4 small lower income units) – There are no environmentally sensitive resources in this location. Future development would be required to implement all applicable mitigation measures identified in the 6th Cycle Housing Element PEIR.
The additional seven PF zone sites were not identified as housing sites in the 6th Cycle Housing Element.
Future development on these sites would be subject to additional CEQA analysis at the project level:
• Del Mar Library - up to 5 units on 0.27 acres (11,924 sf) • U.S. Post Office - up to 15 units; 0.79 acres (34, 372 sf) • Pine Needles Water Tower – up to 4 units; 0.20 acres (8,728 sf) • Crest Water Tower – up to 6 units; 0.31 acres (13,708 sf) • 11th Street Water Tower – up to 15 units; 0.77 acres (33,513 sf) • Zuni Water Tower – up to 12 units; 0.63 acres (27,479 sf) • Additional lots at Civic Center Complex (300-093-15, -16, and -18) – up 29 units (1.46 acres) 6 th Cycle Housing Element PEIR MMRP Mitigation Measures The 6
th Cycle PEIR MMRP is available here: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR91020. These mitigation measures would be applied to future housing projects to minimize the potential for impacts related to the following potentially significant issue categories: biological resources, cultural resources, geology and soils/paleontological resources, hazards/hazardous materials, noise and vibration, and tribal cultural resources. Future development would also be subject to compliance with the objective standards of the City’s certified LCP and additional project-specific mitigation if applicable. 43 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
1 SITES ANALYSIS
The City of Del Mar is an urbanized, small community that has limited capacity for new housing development. The City’s Housing Element for the planning period (2021-2029) requires that the City Council take action to amend the General Plan, Local Coastal Program, and Zoning Code to allow residential development at a density to accommodate affordable housing for lower income households, which in Del Mar is a density of at least 20 dwelling units per acre. Generally, there are few vacant lots or lots of a size that can yield multiple dwelling unit projects with low, very low, and extremely low-income units.
This sites analysis identifies detailed information for each potential housing site in the Central Commercial (CC) Zone and Public Facilities (PF) Zone including the following details:
Assessor Parcel Number (APN) and Address
Size (Acres)
Overlay Zones (if applicable)
Existing On-site Uses and Availability of Land for Residential Development Density
Potential Development Capacity (Dwelling Units)
Whether Site Location would be eligible to apply for State Affordable Housing Density Bonus Maximum Height per Base Zone
There are 56 parcels in the CC zone, which for the purpose of the sites analysis the City organized into 39 potential housing site locations where contiguous parcels with common ownership are considered one site.
In the PF zone, the City analyzed 10 public facility locations total and identified Shores Park as a facility that is excluded from the allowance for housing.
For each potential housing site location, the City estimated the potential units based on a density of 20 dwelling units per acre, except for the two vacant parcels in the PF Zone on 10th Street and 28th Street, which the Housing Element identifies a specific unit count for.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act, the sites in the CC Zone and PF Zone were analyzed in detail in the 6
th Cycle HEU Final Program Environmental Impact Report (PEIR) for the Housing Element. The PEIR and associated Mitigation, Monitoring, and Reporting Program (MMRP) were certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The 6th Cycle Final PEIR is available at: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 Environmental analysis of future housing potential in the Neighborhood Commercial (NC), Professional Commercial (PC), and Public Facilities (PF) zones was also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for implementation of the 5th Cycle Housing Element. The NC/PC PEIR was certified by the City Council on September 8, 2020, and is available at:
www.delmar.ca.us/Archive.aspx?ADID=1428.
44 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
2 Sites in the Central Commercial (CC) Zone
The CC Zone is the City’s main commercial corridor. This zone runs along the westerly and easterly sides of Camino del Mar between 9th Street and 15th Street and is located in the central portion of the City.
There are 56 parcels in the CC zone, which for the purpose of the sites analysis the City organized into 39 potential housing site locations where contiguous parcels with common ownership are considered one site.
Based on the City’s inclusionary housing requirements and State density bonus requirements, a portion of the potential units would be required to be reserved as affordable units for lower income households.
Affordable units are most likely to be created through density bonus projects in accordance with State Affordable Housing Density Bonus law. The analysis identified a total of 14 sites with a unit potential of at least five units that would be eligible to apply for density bonus projects. The remaining 25 potential housing sites analyzed in the CC zone are small lots with a maximum potential of four or fewer units that are not eligible for State density bonuses and less likely to be redeveloped with housing. 45 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
3 46 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
4 Following is a block-level analysis of existing development locations in the CC Zone.
CC ZONE – Block 9th Street to 10th Street
The west side of this block includes three potential housing sites in the CC zone that would be eligible for density bonus projects and three sites that would not be eligible for density bonus projects. The adjacent zone to the west is the R2 zone, which allows for one-unit and two-unit residential development. 910 Camino del Mar
APN: 300-172-17
Address: 910 Camino del Mar
Multi-Tenant including Personal Services Uses
Total Parcel Size: 0.34 acres (14,941 sq. ft.) Non-vacant site. Existing Use: Commercial Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 7 units base density; up to 11 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height per zone: 26 feet above grade,
and 14 feet above curb elevation adjacent to Camino del Mar
Height of existing building: 14 feet, as measured from
Camino del Mar curb
47 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
5 240 9th Street
APN: 300-172-09
Address: 240 9th Street
Multi-Tenant Medical Offices
Total Parcel Size: 0.19 acres (8,420 sq. ft.) Non-vacant site. Existing Use: Commercial Office Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet
944 Camino del Mar
APN: 300-172-04
Address: 944 Camino del Mar
Les Artistes Hotel
Total Parcel Size: 0.19 acres (8,488 sq. ft.) Non-vacant site. Existing Use: Hotel Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet
48 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
6 Vacant Lots at Southwest Corner of 10th Street and Camino del Mar (2 parcels) APN: 300-172-13; 300-172-14
Total Parcel Size: 0.44 acres (19,166 sq. ft.) Vacant sites. Conceptual plan:
Source: Stephen Dalton Architects
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 9 units base density; up to 14 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height per zone: 26 feet above grade
and 14 feet above curb elevation adjacent to Camino del Mar
It is important to note that the site concept above shows massing of a potential development for the purpose of
identifying the relative scale of a 9-unit project that meets the zone density (20 du/ac), height (14 feet maximum above curb elevation adjacent to Camino del Mar and maximum 26 feet above grade), and square footage (maximum 45% floor area and maximum 60% lot coverage) in compliance with the base zone. This is not intended as an architectural design or proposed project.
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3.13.2024 ATTACHMENT E
7 The east side of this block includes one potential CC zone housing site that would be eligible for a density bonus project and one site that would not be eligible for a density bonus project. The adjacent zone to the north is the 941 Camino del Mar Specific Plan. The adjacent zones to the east include the RM-Central zone which is immediately adjacent and the R1-10 zone located in the hillside neighborhood at a higher elevation to the east.
318 9th Street
APN: 300-221-23
Address: 318 9th Street
Multi-Tenant Medical Office and Personal Services
Total Parcel Size: 0.19 acres (8,453 sq. ft.) Non-vacant site. Existing Use: Multi-tenant Professional Office Building
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet
50 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
8 915 Camino del Mar (Commercial) and 300 9th Street (Accessory Unit) APN: 300-221-34
Addresses: 915 Camino del Mar and 300 9th Street
Multi-Tenant Commercial Services and Personal Services
Total Parcel Size: 0.39 acres (16,908 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Building; and one accessory dwelling unit located in building.
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 8 units base density; up to 12 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height: 26 feet
Height of existing building: 24.5 feet
51 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
9 CC ZONE – Block 10th Street to 11th Street
The west side of this block does not include any CC zone properties. Along Camino del Mar is the Del Mar Civic Center complex that is located in the PF zone. The adjacent zone to the west is the R2 zone, which allows for one-unit and two-unit development.
The east side of this block includes two CC zone housing sites that would be eligible for density bonus projects. The adjacent zones to the east include the RM-Central zone which is immediately adjacent, and the R1-10 zone located in the hillside neighborhood at a higher elevation to the east. 52 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
10 1011 Camino del Mar (3 parcels)
APN: 300-410-27; 300-410-28; 300-410-29
Address: 1011 Camino del Mar
Multi-tenant Commercial Retail, Personal Services, and Chin’s Szechuan Restaurant
Total Size of 3 parcels : 0.65 acres (28,353 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial including Restaurant
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 13 units base density; up to 20 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density
Bonus
Maximum Allowed Height: 26 feet
Height of existing buildings: 30 feet (legal nonconforming) 53 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
11 1047 Camino del Mar
APN: 300-410-26
Address: 1047 Camino del Mar
Multi-Tenant Commercial Services
Total Size: 0.51 acres (22,188 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 11 units base density; up to 17 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height: 26 feet
Height of existing buildings: 20 feet
54 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
12 CC ZONE – Block 11th Street to 12th Street
The west side of this block includes one CC zone potential housing site that would be eligible for density bonus projects and three sites that would not be eligible for density bonus projects. The adjacent zone to the west is the R2 zone, which allows for one-unit and two-unit development. 55 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
13 1104 Camino del Mar
APN: 300-092-14
Address: 1104 Camino del Mar
Multi-Tenant Commercial including Real Estate and Medical Offices Total Size: 0.21 acres (9,461 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Building; property also includes parking in Del Mar Lane alley
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8
units maximum with 50% density bonus
Eligible for State Affordable Housing
Density Bonus Project
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
1110 Camino del Mar
APN: 300-092-13
Address: 1110 Camino del Mar
Multi-Tenant including Bank and Commercial Services
Total Size: 0.30 acres (13,392 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial; property also includes parking in Del Mar Lane alley
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 6 units base density; up to 9 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density
Bonus
Maximum Allowed Height: 26 feet above grade
and 14 feet above curb elevation adjacent to
Camino del Mar
Height of existing building: 14 feet, as measured
from Camino del Mar curb
56 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
14 1130 Camino del Mar
APN: 300-092-07
Address: 1130 Camino del Mar
Multi-Tenant Commercial including Medical Office, Commercial Services, and Personal Services
Total Size: 0.16 acres (6,992 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet above grade
and 14 feet above curb elevation adjacent to
Camino del Mar
1140 Camino del Mar
APN: 300-092-06
Address: 1140 Camino del Mar
Coya Peruvian Secret Restaurant
Total Size: 0.09 acres (3,980 sq. ft.) Non-vacant site. Existing Use: Restaurant Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 1 unit
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
57 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
15 Vacant lot between 1130 Camino del Mar and 211 12th Street (Del Mar Lane) APN: 300-092-15
Total Size: 0.09 acres (4,081 sq. ft.) Non-vacant site. Parcel is utilized as vehicular alley Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 1 unit
Maximum Allowed Height: 26 feet above grade and 14 feet above curb elevation adjacent to Camino del Mar
243 12th Street
APN: 300-092-16
Address: 243 12th Street
Multi-Tenant Commercial Offices and Commercial Services Total Size: 0.19 acres (8,580 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Building; property also includes Del Mar Lane alley
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
58 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
16 The east side of this block includes one CC zone potential housing site that would be eligible for a density bonus project and three sites that would not be eligible for density bonus projects. The adjacent zones to the east include the RM-Central zone which is immediately adjacent and the R1-10 zone located in the hillside neighborhood at a higher elevation to the east. 1101-1105 Camino del Mar (2 parcels)
APN: 300-401-09; 300-401-10
Address: 1101 and 1105 Camino del Mar
Multi-Tenant Commercial Services and Retail and one
accessory unit
Total Size of 2 parcels: 0.23 acres (10,216 sq. ft.) Non-vacant sites. Existing Uses: Multi-Tenant Commercial Buildings; one dwelling unit located on second floor of 1101 building
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height: 26 feet
59 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
17 1125 Camino del Mar
APN: 300-401-03
Address: 1125 Camino del Mar
Multi-Tenant Professional Office, Real Estate Office, and Commercial Services
Total Size: 0.24 acres (10,475 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height: 26 feet
1135 Camino del Mar
APN: 300-401-15
Address: 1135 Camino del Mar
Multi-Tenant Commercial Retail and Commercial Services
Total Size: 0.30 acres (13,195 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 6 units base density; up to 9 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height per zone: 26 feet
Height of existing building: Unknown. Structures on site vary between one story and two story.
60 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
18 CC ZONE – Block 12th Street to 13th Street
The west side of this block includes one CC zone potential housing site that would be eligible for a density bonus project and three sites that would not be eligible for density bonus projects. The adjacent zone to the west is the R2 zone, which allows for one-unit and two-unit development. 61 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
19 1202 Camino del Mar
APN: 300-074-06
Address: 1202 Camino del Mar
Multi-Tenant Commercial Retail Food/Beverage Services
Total Size: 0.18 acres (8,151 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet above grade and 14 feet above curb elevation adjacent to Camino del Mar
1212 Camino del Mar
APN: 300-074-07
Address: 1212 Camino del Mar
Commercial Retail Food/Beverage Services
Total Size: 0.14 acres (6,081 sq. ft.) Non-vacant site. Existing Use: Commercial Retail Food/Beverage Services Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 2 units
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
62 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
20 1226 Camino del Mar
APN: 300-074-08
Address: 1226 Camino del Mar
Multi-Tenant Commercial with Real Estate Office, Retail Food and Beverage, and One Accessory Unit
Total Size: 0.14 acres (6,122 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial with one accessory dwelling unit
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 2 units
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
1234 Camino del Mar (2 parcels)
APNs: 300-074-09; 300-074-10
Address: 1234 Camino del Mar
Vacant Commercial Building
Total Size of 2 parcels: 0.33 acres (14,739 sq. ft.) Existing use: Vacant Commercial and accessory parking lot Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 7 units base density; up to 11 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height: 26 feet above grade and 14 feet above curb elevation adjacent to Camino del Mar
Height of existing building: 11 feet, as measured from
Camino del Mar curb
63 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
21 The east side of this block includes two CC zone potential housing sites that would be eligible for density bonus projects and two sites that would not be eligible for density bonus projects . The adjacent zones to the east include the RM-Central zone which is immediately adjacent and the R1-10 zone located in the hillside neighborhood at a higher elevation to the east. 1201 Camino del Mar
APN: 300-075-06
Address: 1201 Camino del Mar
Multi-Tenant Commercial including Beeside Balcony,
Salt+Lime, and Social Grilling Ibbq Restaurants
Total Size: 0.45 acres (19,649 sq. ft.) Non-vacant site. Existing Use: Multi-Tenant Commercial Building with Restaurants
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 9 units base density; up to 14 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height per zone: 26 feet
Height of existing building: 26 feet
1219-1229 Camino del Mar (2 parcels)
APNs: 300-075-04; 300-075-05
Address: 1219 and 1229 Camino del Mar
Multi-Tenant Commercial including Commercial Services,
Personal Services, and Real Estate Office
Total Size of 2 parcels: 0.32 acres (14,222 sq. ft.) Non-vacant. Existing Uses: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 7 units base density; up to 11 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Maximum Allowed Height per zone: 26 feet
Height of existing building at 1219: 25 feet
Height of existing building at 1229: 20 feet
64 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
22 1237 Camino del Mar
APN: 300-075-09
Address: 1237 Camino del Mar
Multi-Tenant Commercial Offices including Real Estate Offices Total Size: 0.19 acres (8,454 sq. ft.) Non-vacant site. Existing Use: Commercial Office Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet
1247 Camino del Mar
APN: 300-075-01
Address: 1247 Camino del Mar
Zel’s Del Mar Restaurant
Total Size: 0.13 acres (5,938 sq. ft.) Non-vacant site. Existing Use: Restaurant Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 2 units
Maximum Allowed Height: 26 feet
65 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
23 CC ZONE – Block 13th Street to 15th Street
The west side of these blocks includes one CC zone potential housing site that would be eligible for a density bonus project and 10 sites that would not be eligible for density bonus projects . The adjacent zone to the west is the Residential-Commercial (RC) zone, which allows for one-unit and two-unit development per the R2 zone. The Stratford Square building at the corner of 15th Street and Camino del Mar is also located in the Historic Preservation Overlay Zone.
66 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
24 1302 Camino del Mar
APN: 300-012-13
Address: 1302 Camino del Mar
Commercial Office
Total Size: 0.14 acres (6,063 sq. ft.) Non-vacant site. Existing use: Commercial Office Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 2 units
Maximum Allowed Height: 26 feet above grade
and 14 feet above curb elevation adjacent to
Camino del Mar
1310-1312 Camino del Mar (3 parcels)
APN: 300-012-14; 300-012-33; 300-012-34
Address: 1310 and 1312 Camino del Mar
Multi-Tenant Commercial Office including Real Estate Office Total Size of 3 parcels: 0.24 acres (10,650
sq. ft.)
Non-vacant sites. Existing uses: Multi-tenant Commercial Office Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8
units maximum with 50% density bonus
Eligible for State Affordable Housing
Density Bonus Project
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
67 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
25 1328 Camino del Mar
APN: 300-012-17
Address: 1328 Camino del Mar
Del Mar Seaside Grill Restaurant
Total Size: 0.07 acres (3,412 sq. ft.) Non-vacant site. Existing use: Restaurant Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 1 unit
Maximum Allowed Height: 26 feet above
grade and 14 feet above curb elevation
adjacent to Camino del Mar
1330-1342 Camino del Mar (3 parcels)
APN: 300-012-18; 300-012-19; 300-012-20
Address: 1330, 1340, and 1342 Camino del Mar
Multi-Tenant Commercial Office and En Fuego Restaurant
Total Size of 3 parcels: 0.24 acres (10,779 sq. ft.) Non-vacant. Existing uses: Commercial Office and Restaurant
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height: 26 feet above grade and 14 feet above curb elevation adjacent to Camino del Mar
68 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
26 1404 Camino del Mar
APN: 300-012-35
Address: 1404 Camino del Mar
New Hillstone Restaurant – development pending
Total Size: 0.33 acres (14,244 sq. ft.) Non-vacant site. Existing use: New Restaurant Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 7 units base density; up to 11 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height: 26 feet above grade and 14 feet above curb elevation adjacent to Camino del Mar
Height of restaurant currently under construction: 14 feet, as measured from Camino del Mar curb
1412-1414 Camino del Mar (2 parcels)
APNs: 300-012-25; 300-012-26
Addresses: 1412 and 1414 Camino del Mar
Multi-Tenant Commercial Retail Services
Total Size of 2 parcels: 0.16 acres (7,100 sq. ft.) Non-vacant sites. Existing use: Commercial Retail Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet above grade and 14
feet above curb elevation adjacent to Camino del Mar
69 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
27 1424 Camino del Mar
APN: 300-012-31
Address: 1424 Camino del Mar
Multi-Tenant Commercial Retail and Real Estate Office
Total Size: 0.16 acres (7,100 sq. ft.) Non-vacant site. Existing use: Commercial Retail and Real Estate Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 3 units
Maximum Allowed Height: 26 feet above grade and
14 feet above curb elevation adjacent to Camino
del Mar
1438 Camino del Mar
APN: 300-012-31
Address: 1438 Camino del Mar
Stratford Square Multi-Tenant including Commercial Real estate Office, Retail Food and Beverage, and Harry’s Coffee Shop and Jimmy O’s Restaurants
Total Size: 0.21 acres (9,375 sq. ft.) Non-vacant site. Existing use: Commercial Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: Historic Preservation
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density
Bonus Project
Maximum Allowed Height: 26 feet above grade and
14 feet above curb elevation adjacent to Camino
del Mar
70 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
28 221 15th Street
APN: 300-012-03
Address: 221 15th Street
Real Estate Office
Total Size: 0.14 acres (6,230 sq. ft.) Non-vacant. Existing use: Commercial Office Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 2 units
Maximum Allowed Height: 26 feet
215 15th Street
APN: 300-012-02
Address: 215 15th Street
Sbicca Del Mar Restaurant
Total Size: 0.07 acres (3,100 sq. ft.) Non-vacant site. Existing use: Restaurant Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 1 unit
Maximum Allowed Height: 26 feet
71 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
29 201-211 15th Street (3 parcels)
APNs: 300-012-28; 300-012-29; 300-012-30
Address: 201, 207, and 211 15th Street
Multi-Tenant Commercial including Commercial Retail and Retail Food and Beverage Services
Total Size of 3 parcels: 0.21 acres (9,300 sq. ft.) Non-vacant sites. Existing uses: Multi-Tenant Commercial Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height: 26 feet
The east side of these blocks includes three CC zone potential housing sites that would be eligible for density bonus projects. The adjacent zones to the east include the RM-Central zone which is immediately adjacent and the R1-10 zone located in the hillside neighborhood at a higher elevation to the east. 72 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
30 1327-1349 Camino del Mar (5 parcels)
APNs: 300-020-01; 300-020-02; 300-020-03; 300-020-04;
300-020-05
Address: 1327, 1335, and 1349 Camino del Mar and 317
14th Street
Multi-Tenant Medical Offices and Commercial Retail
Total Size of 5 parcels: 0.84 acres (36,377 sq. ft.) Four non-vacant lots. Existing Uses: Medical Offices and Commercial Retail and accessory parking
Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 17 units base density; up to 26 units maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus Project Maximum Allowed Height per zone: 26 feet
Height of existing buildings: 20 feet for two-story office buildings; Commercial Retail building is one-story, height unknown
73 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
31 1401 Camino del Mar
APN: 300-030-04
Address: 1401 Camino del Mar
Multi-Tenant Commercial including Medical Offices and Commercial Offices
Total Size: 0.25 acres (11,029 sq. ft.) Non-vacant site. Existing use: Commercial Office Building Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 5 units base density; up to 8 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density
Bonus Project
Maximum Allowed Height per zone: 26 feet
Height of existing building: 28 feet
1431 Camino del Mar
APN: 300-030-83
Address: 1431 Camino del Mar
Medical Office
Total Size: 0.44 acres (19,165 sq. ft.) Non-vacant site. Existing use: Medical Office Source: https://new.geoviewer.io/
Base Zone: Central Commercial
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit potential: 9 units base density; up to 14 units
maximum with 50% density bonus
Eligible for State Affordable Housing Density Bonus
Project
Maximum Allowed Height per zone: 26 feet
Height of existing building: 16 feet
There is an active Design Review Board project on this
site, see DRB23-014, to add a second story element to a portion of the existing one story building.
74 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
32 Sites in the Public Facilities (PF) Zone
The PF zone applies to nine potential public facilities housing sites. Most of the properties are City-owned (library is County-owned, post office is Federally-owned). Program 1H requires the City to amend the PF Zone to make it clear that affordable housing is an allowed use. In June 2022, the City completed feasibility studies and site-specific concepts for two City-owned vacant sites in the PF zone that are listed in the Housing Element Sites Inventory: 10th Street lot (APN: 300-093-17) portion of City Hall Complex. Housing Element Program 3B anticipates the City may develop up to seven lower income units on these sites to meet a portion of the City’s 6
th Cycle Housing Element RHNA obligations.
City-Owned Vacant Lot - 10th Street - PF Zone
APN: 300-093-17-00 Owner: City of Del Mar
Parcel size: 0.10 acres (4,356 sf) – small site There are no known environmental constraints Vacant site within the City’s Civic Center complex Existing use: City-owned vacant site Source: https://new.geoviewer.io/
Potential for 4 small lower income units on a small
vacant lot adjacent to residential (R2) zone
Maximum height: 26 feet
Concept: 4 units within structure designed to look
like one single dwelling unit
Source: Stephen Dalton Architects
75 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
33 Vacant City-Owned Lot on 10th Street – Site Context
76 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
34 City-Owned Civic Center Lots (Excluding 10th Street Vacant Lot) - PF Zone APNs 300-093-15, 300-093-16, 300-093-18
Address: 1050 Camino del Mar
Owner: City of Del Mar
Parcel size: 1.46 acres There are no known environmental constraints.
Proposed density: 20 du/acre maximum
Unit potential: 29 units
Maximum height: 26 feet above grade and 14 feet
above curb elevation adjacent to Camino del Mar
This site would provide increased housing capacity
opportunities that could be considered by the City
Council as potential options to address “no-net
loss” circumstances or housing capacity for future
housing cycles
Existing use: Civic Center public buildings and
adjacent public amenity spaces and parking
facilities
Source: https://new.geoviewer.io/
77 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
35 City-Owned Vacant Lot - 28th Street - PF Zone
APN: 299-030-12-00 Owner: City of Del Mar
Parcel size: 0.06 acres (2,614 sf) – small site Floodplain and Lagoon Overlay Zones Vacant site adjacent to an existing multi-unit
complex in the North Beach neighborhood
Existing use: City-owned vacant site
Source: https://new.geoviewer.io/
Potential for 3 small lower income units on a small
City-owned vacant lot adjacent to RM-East zone
Source: Stephen Dalton Architects
The site concept shows massing of a potential 3-
unit development for the purpose of showing the
relative height (maximum 26 feet above grade) and
square footage. These are not architectural
designs or proposed projects.
This Floodplain site requires that any new
habitable areas be located at or above the base
flood elevation to minimize effects of flooding and
projected sea level rise.
78 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
36 Vacant City-Owned Lot on 28th Street – Site Context
As shown, the City-owned vacant lot on 28th Street, with potential for three lower income units, is located in the North Beach neighborhood, which is a century-old beach level neighborhood that provides public beach access at each street end. The site is located within one block of public transit (101 Bus stop) and within two blocks of the beach. Future units on this lot could be developed to blend in with the existing Beach Colony multiple dwelling unit development that surrounds it to the north and west.
The site is located on the easterly end of 28th Street (east of Camino del Mar) near the San Dieguito River and Lagoon. It is located in the Floodplain Overlay Zone, which means any proposed development would need to be elevated in accordance with federal floodplain management regulations and sited in consideration of projected sea level rise.
The site is connected via a pedestrian path to the Coast to Crest Trail which runs west to east along the San Dieguito River. It is connected to the Riverpath trail loop through Crest Canyon as well as connected to the regional trail system around the San Dieguito Lagoon that runs east to the Volcan Mountain Trailhead in Julian, CA.
Following are PF zone sites that would provide increased housing capacity that could be considered as potential housing sites to address “no-net loss” circumstances or housing capacity for future housing cycles.
79 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
37 Pine Needles Water Tower
APN: 301-025-42 Owner: City of Del Mar
Total Parcel Size: 0.20 acres (8,728 sq. ft.)
Parcel size excluding panhandle: 0.16 acres (6,895
sq. ft.)
Located in City’s Wildland Urban Interface
Base Zone: Public Facilities
Overlay Zone: None
Non-vacant site. Existing Use: City Water Tower
Source: https://new.geoviewer.io/
Proposed density: 20 du/acre maximum
Unit Potential: 3-4 units
Maximum height: 26 feet
Crest Water Tower
APN: 300-272-07 Owner: City of Del Mar
Total Parcel Size: 0.31 acres (13,708 sq. ft.) Located in City’s Wildland Urban Interface Steep topography on majority of site
Base Zone: Public Facilities
Overlay Zone: None
Non-vacant site. Existing Use: City Water Tower
Source: https://new.geoviewer.io/
Proposed density: 20 du/acre maximum
Unit Potential: 6 units
Maximum height: 26 feet
80 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
38 11th Street Water Tower
APN: 300-243-10 Owner: City of Del Mar
Total Parcel Size: 0.77 acres (33,513 sq. ft.) Located in City’s Wildland Urban Interface Base Zone: Public Facilities
Overlay Zone: None
Non-vacant site. Existing Use: City Water Tower
Source: https://new.geoviewer.io/
Proposed density: 20 du/acre maximum
Unit Potential: 15 units
Maximum height: 26 feet
81 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
39 Zuni Water Tower
APN: 299-260-45 Owner: City of Del Mar
Total Parcel Size: 0.63 acres (27,479 sq. ft.) Located in City’s Wildland Urban Interface Base Zone: Public Facilities
Overlay Zone: None
Non-vacant site. Existing Use: City Water Tower
Source: https://new.geoviewer.io/
Proposed density: 20 du/acre maximum
Unit Potential: 12 units
Maximum height: 26 feet
82 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
40 Del Mar Library
APNs: 300-020-06 and 300-020-07 Owner: City of Del Mar
Total Size of two parcels: 0.27 acres (11,924 sq. ft.) Non-vacant site. Existing Use: County of San Diego Library building and parking spaces
Source: https://new.geoviewer.io/
Base Zone: Public Facilities
Overlay Zone: Historic Preservation
Proposed density: 20 du/acre maximum
Unit Potential: 5 units
Maximum height: 26 feet
83 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
41 U.S. Post Office
APN: 299-310-02 Owner: United States of America
Total Parcel Size: 0.79 acres (34,372 sq. ft.) Non-vacant site. Existing Use: United States Post Office Source: https://new.geoviewer.io/
Base Zone: Public Facilities
Overlay Zone: None
Proposed density: 20 du/acre maximum
Unit Potential: 15 units
Maximum height: 26 feet
84 March 18, 2024 Item 08
3.13.2024 ATTACHMENT E
42 Shores Park
APNs: 300-200-01; 300-200-02; 300-200-22;
300-200-23
Owner: City of Del Mar
Total Combined Parcel Size: 5.3 acres Non-vacant. Existing Use: Public Park, Private School, Del Mar Community Connections (Non-Profit), and accessory parking Source: https://new.geoviewer.io/
Base Zone: Public Facilities
Overlay Zone: None
Density: No change is proposed.
In accordance with City Council direction, the
adopted 6th Cycle Housing Element Program 1H
excludes the Shores Park sites from the
proposed amendments to allow residential use
85 March 18, 2024 Item 08
ATTACHMENT F
1 SUMMARY OF DENSITY BONUS LAW
Background on State Density Bonus Law (DBL) - Government Code § 65915 Allows housing or mixed-use development at a density above maximum set in the General Plan (Del Mar Community Plan) and Zoning Code. In exchange for increased density, a certain number of the units must be income-restricted and reserved for very-low income, low-income, or moderateincome households. The Coastal Act and policies of the certified Local Coastal Program apply to DBL projects. DBL provides three types of benefits that qualifying applicants may request from the City to facilitate affordable housing development:
1) Incentives or concessions that provide project cost reductions; 2) Waivers and reductions of development standards that would physically preclude project development at the density permitted per DBL and with incentives granted per DBL; and 3) Reductions in parking requirements per Government Code § 65915(p).
Project Eligibility and Location
Any housing development that proposes five or more dwelling units and incorporates at least one of the housing-related requirements below is eligible for a density bonus:
Density Bonus awarded per Project Type per State Density Bonus Law Projects with 5% “Very Low Income”, 10% “Low Income”, or 20% “Moderate Income” rental units restricted for at least 55 years 20% density
bonus
Projects with 10% “Very Low Income” units for transitional foster youth, disabled veterans, or homeless restricted at least 55 years Senior housing projects that limit age of tenants, not the income (Civil Code § 51.3 and 51.12)
Projects with 15% “Very Low Income”, 24% “Low Income”, or 44% “Moderate Income” rental units restricted for at least 55 years 50% density
Projects with 100% affordable units (excluding manager unit) with max bonus 20% moderate units
Projects that donate land (at least one acre) for very low-income (Gov Code § 65915(g))
15% to 35%
density bonus
Projects that provide a child care facility
(Gov Code §65915(h))
Equivalent
square footage of
child care facility
for bonus units
Potential DBL project locations include the North Commercial and Professional Commercial Zones and will include the Central Commercial Zone (Ordinance pending per Housing Element). 86 March 18, 2024 Item 08
ATTACHMENT F
2 Maximum Density Bonus
Opportunities for a project density bonus are set on a sliding scale based on percentage of units in the project that will be set aside as income-restricted; and number of units in specified household income categories (very low, low, or moderate). The maximum density bonus that can be awarded is 50% of the base units (pre-density bonus), which applies to projects that include at least 44% moderate-income units or 24% low-income units or 15% very low-income units. The density bonus calculation is based on the allowable density of the base zone. No additional density will be awarded beyond the 50% density bonus.
Incentives/Concessions and Determination of Economic Infeasibility An applicant may request incentives/concessions to reduce costs to build a DBL project with affordable units. Incentives and concessions have the same meaning under DBL. Typically, development projects must comply with design standards and development regulations (i.e., height, floor area ratio, lot coverage, and setbacks). DBL allows projects to deviate from design standards and development regulations if the standard regulations would make the project economically infeasible to build. Requested incentives or concessions must result in identifiable and actual cost reductions for affordable housing development. An applicant shall provide reasonable documentation to explain how the request will reduce costs to build the project. The City may deny an incentive or concession if it finds it would be contrary to state or federal law, or would have a specific, adverse and unavoidable impact on public health, safety or on a listed historic property.
DBL allows up to five “incentives” to be requested based on the number of income-restricted units:
Income Category % of Reserved Units
Very Low 5% 10% 15% 16% 100% lower
income
(up to 20%
moderate income)
Low 10% 17% 24% N/A
Moderate 10%
for sale
20%
for sale
30%
for sale
45%
for sale
Senior N/A N/A 100% N/A N/A
Maximum
Incentives 1 2 3 4 5
Waivers and Determination of Physical Infeasibility
A waiver is a reduction or modification of “development standards” and other regulations when those requirements would make project construction physically infeasible without waiver approval. “Development standards” includes a site or construction condition, including, but not limited to, height, setbacks, floor area, open space requirements or parking. The determination of physical infeasibility considers the density permitted per DBL and scenarios with project incentive(s) granted.
There is no limit to the number of waivers an applicant can request. However, waiver requests must be accompanied by reasonable documentation that explains the request and visually demonstrates in exhibits that the existing development standard, if not waived or reduced, would physically preclude development of the project. The City may deny a waiver if it finds it would be contrary to state or federal law, or would have a specific, adverse and unavoidable impact on public health, safety or on a listed historic property.
87 March 18, 2024 Item 08
City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Ashley Jones, City Manager
DATE: March 18, 2024
SUBJECT: Establishment of a Section 115 Trust for Pension Related Purposes REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve an agreement with Public Agency Retirement Services (PARS) for Section 115 Trust administration services (Attachment A); 2) Adopt a Resolution approving the adoption of the Public Agencies Post-Employment Benefits Trust for the purpose of prefunding pension obligations (Attachment B); 3) Authorize the City Manager or their designee to act as the City’s Plan Administrator of the Trust Program and execute the agreement and required documents; and 4) Authorize the initial transfer of $5 million from the Pension Reserve Fund to the Section 115 Trust Account.
EXECUTIVE SUMMARY:
The City of Del Mar is a member of the California Public Employees’ Retirement System (CalPERS), in which all of the City’s full-time employees are participating members. The City’s current annual contribution to CalPERS for pension obligations is approximately $1.86 million, with $660,000 going toward the City’s current pension costs, and $1,200,000 to fund the City’s unfunded pension liability. The most recent valuation report provided by CalPERS in July 2023, shows a current total unfunded liability for Del Mar of $18.3 million as of June 30, 2022. To ensure sufficient funds are available to cover the City’s current and ongoing pension obligations, the City sets aside funds annually in the City’s Pension Reserve Fund, which currently has a balance of $3.4 million, plus an additional combined $1.6 million in the Water and Wastewater Pension Reserve Fund.
The unfunded pension obligation represents a significant liability to the City. As of 2015, Governmental Accounting Standards Board (GASB) Statements required cities to recognize pension obligation liabilities on their balance sheet. To address funding of the pension liability, staff, Pension Subcommittee of the Finance Committee and the Finance Committee had several meetings to discuss establishing a Section 115 Trust and the Subcommittee and staff met with CalPERS (PERS) and Public Agency Retirements Services (PARS) regarding their programs. As a result of this work, the Finance Committee, Pension Subcommittee and staff are recommending establishing a Section 115 Trust with PARS to administer the trust.
BACKGROUND:
Starting in 2017, City staff and the Finance Committee’s Pension Subcommittee began evaluating options for the City to establish a Section 115 Trust for pension funding purposes. As part of that effort, the City solicited proposals from qualified firms, and staff and the Pension Subcommittee interviewed representatives from PERS and PARS in February 2020, to learn more about their 115 Trust options. This effort was put on hold in 2020 due to the pandemic and was restarted in 2023 in conjunction with the Pension Subcommittee and Finance Committee. 1 March 18, 2024 Item 09
City Council Agenda Report
Establish Section 115 Trust
March 18, 2024