Table of Contents
4-1-2024 Regular Meeting Agenda
Item 2- Draft Action Minutes
Item 3 - List of Demands
Item 5- San Dieguito Drive MBI TO Amendments
Item 6 - City Retaining Wall Easements
Item 7 - UUD X1A Pre-Construction Service TO Amendment
Item 8- 2024 Goals Workshop Recap
Item 9 - CC PF Amendments
Item 10 - EP24-021 (The Cottage)
Item 11- Downtown Pedestrian Safety Measures
2 9
21 45
56 80
87 106
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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, April 1, 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 April 1, 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. Mayor’s State of the City Address
Recommended Action: Receive State of the City Address from Mayor Dave Druker.
Reference: Clerk’s File No. 101-2
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 11, 2024 Special Meeting – Goals and Priorities Setting Workshop, March 18, 2024 Regular Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
Del Mar City Council Regular Meeting April 1, 2024
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Ratification of List of Demands, dated April 1, 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. Approval of Task Order Amendment with Michael Baker International Related to California Environmental Quality Act (CEQA) Work on the San Dieguito Drive Improvements Project
Recommended Action: Staff recommends that the City Council: 1) Approve a $25,882 Task Order Amendment (Attachment A) with Michael Baker International for additional utility mark outs and potholing and for the preparation of a CEQA notice of exemption for the San Dieguito Drive Improvement Project; and 2) Authorize the City Manager to execute the Task Order Amendment.
Reference: Clerk’s File No. 406-1
6. Acceptance of Grant Deed of Easements for Retaining Walls Related to Utility Undergrounding District 1A – Stratford Court South Project (APN:
300-200-11-00 and 300-200-31-00)
Recommended Action: Staff recommends that the City Council approve a Resolution (Attachment A) that allows for the acceptance of Grant Deed of Easements in favor of the City over the properties located at 639 Stratford Court and 717 Stratford Court (HOA Common Lot) and authorize the City Manager or their designee to record the Grant Deed of Easements.
Reference: Clerk’s File No. 1001-2, 1306-1
7. Approval of Task Order Amendment with Utility Specialists Southwest, Inc. for Utility Undergrounding District X1A – Crest Canyon Pre-Construction Services
Recommended Action: Staff recommends that the City Council: 1) Approve a $104,852 Task Order Amendment (Attachment A) with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD X1A; and 2) Authorize the City Manager to execute the Task Order Amendment.
Reference: Clerk’s File No. 406-1, 1001-2
Del Mar City Council Regular Meeting April 1, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Recap of the 2024 City Council Goals and Priorities Setting Workshop and Council Approved FY 2024-25 City Work Plan
Recommended Action: Staff recommends that the City Council receive this report, which includes the approved Fiscal Year (FY) 2024-25 City Work Plan reflecting Council feedback from the 2024 City Council Goals and Priorities Setting Workshop.
Reference: Clerk’s File No. 401-1
X. PUBLIC HEARING
9. Continued from March 18, 2024 Council Meeting - 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) Adopt a Resolution (Attachment A) to amend the Del Mar Community Plan (General Plan) by General Plan Amendment (GPA24-001); and 2) 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
10. Consideration of Encroachment Permit EP24-021 – Construction of a New Open Trellis in the Public Right-of-Way Over the Existing Sidewalk Café at 1555 Camino del Mar, Suite #102 of the Del Mar Plaza
Recommended Action: It is recommended that the City Council adopt a Resolution (Attachment A) approving Encroachment Permit EP24-01 to construct a new trellis with associated lighting and heaters in the public right-of-way over the existing sidewalk café, adjacent to “The Cottage” restaurant located at 1555 Camino Del Mar, Suite 102, in the Del Mar Plaza.
Reference: Clerk’s File No. 802-1
Del Mar City Council Regular Meeting April 1, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS
11. Overview of Downtown Pedestrian Safety Measures and Concerns Related to Pedestrian Safety at 11th and 13th Streets
Recommended Action: Staff recommends that the City Council receive a presentation from staff and the City’s contract Traffic Engineer regarding pedestrian safety measures along Camino del Mar from 9th Street to 15th Street and provide direction to staff on any follow up actions as may be needed related to pedestrian safety concerns at 11th and 13th Streets.
Reference: Clerk’s File No. 901-2, 901-6, 1101-1
XIII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (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)
J. SANDAG Borders Committee (Gaasterland)
K. SANDAG Regional Planning Committee (Martinez)
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)
Del Mar City Council Regular Meeting April 1, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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 15, 2024
Del Mar Village Association Presentation Regarding Beach Saver Pilot Program 20th Street Lifeguard Tower Driveway Construction Contract Award Jimmy Durante Boulevard Bluff Repair Project, Structural Engineering and Landscape Architecture Task Order Authorizations
Second Reading/Adoption of Ordinance Central Commercial (CC)/Public Facilities (PF) Amendments
Introduction of Density Bonus Ordinance (Housing Element Implementation) Amendment to TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-2024 through 2027-2028
Interviews and Appointment to the Design Review Board (Tentative pending sufficient applications received.)
Camino del Mar Bridge Project Update
SDD Engineering Assessment Analysis and Recommendation to Initiate the Prop 218 Ballot Process (Tentative)
Discussion Regarding Ballot Measure Proposal - City Council Compensation Del Mar City Council Regular Meeting April 1, 2024
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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 27th day of March, 2024 at approximately 4:00 p.m.
___________________________________________ 3/27/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
GOALS & PRIORITIES SETTING WORKSHOP
MARCH 11, 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 5:00 P.M.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland (arrived at 5:07p.m.); Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CITY COUNCIL BUSINESS
ITEM 1: 2024 CITY COUNCIL GOALS AND PRIORITIES SETTING WORKSHOP (CLERK’S FILE NO. 401-1)
Mayor Druker opened the item to public comment and the following people spoke:
1) Alice McNally
2) Carol Kerridge
3) Ann Feeney
4) Laura DeMarco
5) Alice Sullivan
6) Julie Maxey-Allison
7) Karen Lare
8) Ken Olson
Mayor Druker closed the item to public comment.
An introduction to the 2024 Goals and Priorities Setting Workshop (Workshop) was provided by City Manager Ashley Jones. A presentation on the City’s current financial position was provided by Finance Manager/Treasurer Monica Molina. Council questions focused on the increased self-insurance amounts and lower than projected expenditures related to vacant staff positions.
FY2023-2024 Completed Work Plan Items
City Manager Ashley Jones provided an introduction related to work plan items that have or are expected to be completed in FY2023-2024. Council questions focused on timing for beginning the annual repaving project; major facility repair item related to renewable energy; and status of The Winston School’s development application.
Proposed Updated FY2024-2025 Work Plan
City Manager Jones provided an updated on the proposed Work Plan for Fiscal Year 2024- 2025 beginning with Tier 1 items.
Assistant City Manager Clem Brown presented on the City Manager’s Office Tier 1 Work Plan item. Council questions and discussion focused on the SB 1383 requirement for certain 1 April 1, 2024 Item 02
SPECIAL MEETING MINUTES
March 11, 2024
restaurants in Del Mar to donate unused food; penalties and communication related to SB 1383 regulation implementation; and percentage of SB 1383 compliant Del Mar businesses.
Planning & Community Development Director Karen Brindley presented on the Planning & Community Development Department Tier 1 Work Plan items. Council questions and discussion focused on potential changes to the State’s Accessory Dwelling Unit (ADU) regulations; public facilities zones; consideration of zoning for Shores Park; whether implementation of the density bonus work plan item would impact the City’s existing overlay zone; meaning of Affirmatively Furthering Fair Housing; status of the short-term rental registry; and clarification on the scope for the open space element update and whether wildfire evacuation is addressed.
Public Works Director Joe Bride, Principal Engineer Karen Falk, and Project Manager II Martin Boyd provided a presentation on the Public Works Department Tier 1 Work Plan items. Council questions and discussion focused on the bike lane repair program as it relates to the City’s roadway repaving efforts; federal funding for the Riverpath Phase III program; status of grant applications for Riverpath Phase III project and additional funding opportunities that may be available; coordination with San Diego Gas & electric (SDG&E) on undergrounding projects; coordination of the Utility Undergrounding District (UUD) X1A and San Dieguito Drive Improvement projects; timing and status for the 1A, X1A, and 1B undergrounding projects; timing for the bid package preparation for the 1A undergrounding project; whether the City can invite SDG&E representative to City Council meetings when undergrounding items are discussed; proportional costs for San Dieguito Drive improvements; and timing for the Request for Qualifications (RFQ) process for the City Attorney services.
City Manager Jones provided an overview of the Tier 2 and 3 Work Plan items. Council questions focused on the purchasing policy update and potential lighting enhancements to be considered at the Civic Center.
COUNCIL MEETING RECESS
Council took recess from 7:23 -7:48 p.m.
Council Initiated Work Plan Items
Council reviewed the list of Council-initiated work plan items. A summary of the discussion and consensus is included below for each item.
Trees Scenic Views (TSVS): Council questions and discussion focused on the scope and timing of the TSVS item returning to City Council and view blockage issues related to City owned trees. Principal Planner Matt Bator provided a review of the TSVS update plan Phase I and Phase II. Council consensus was to continue with the direction provided at the January 8, 2024, and for staff to return to City Council to form a TSVS Council Subcommittee and stablish guiding principles in July 2024.
Climate Action Plan Update: Council discussion focused on the timing for beginning the CAP update and potential funding sources for the CAP update, including Clean Energy Alliance (CEA) start up reimbursement. Council consensus was to proceed with the CAP update in FY2025-26.
2 April 1, 2024 Item 02
SPECIAL MEETING MINUTES
March 11, 2024
CBD Retail Sales/Stores Ordinance: Council discussion focused on whether or not there was City Council support for considering a CBD Retail Sales/Store Ordinance. City Council consensus was to reconsider the item as part of the FY2025-2026 work plan discussion.
Identify and Pursue Grant Opportunities: City Council discussed the City’s current practices related to identifying and applying for grant opportunities. Council consensus was to consider this item operational and remove the item from the Council initiated item list.
Purple Pipe (Recycled Water) Expansion: Council consensus was to explore hiring a consultant to evaluate whether expanding purple pipe is feasible and practical as part of the goal setting process for FY 2025-2026 or FY2026-2027.
Shores Park Community Garden: City Council revisited Councilmember Worden’s proposal to explore the feasibility of a temporary Community Garden at the Shores Park property. City Council consensus was for Councilmembers Mayor Martinez and Councilmember Worden to return to City Council with a proposal for further consideration in FY2025-2026.
NCTD Parking Lot Improvements: City Council consensus was to reconsider pursuing improvements to the North County Transit District (NCTD) trailhead parking lot as part of the City Council goals setting process in FY 2025-2026.
Shores Park Planning: Council consensus was for staff to return by the end of the 2024 calendar year with information about the Park Master Planning efforts that have occurred to date and to facilitate a Council discussion regarding potential next steps to reinitiate the project, including restarting the Shores Park Advisory Committee. 2050 Vision: City Council consensus was for the Planning Subcommittee, Mayor Druker and Deputy Mayor Gaasterland, to work with staff to develop a proposed “roadmap” for the City Council to consider developing a 2050 Vision for Del Mar.
Complete Request for Qualifications (RFQ) for Attorney/Legal Services: City Council received a report on the status of this work plan item and Council consensus was to proceed as planned with staff preparing the RFQ to be reviewed by the Council Human Resource subcommittee.
Median Improvements: City Council discussed this item and agreed with staff’s recommendation to continue to include median improvements as a Tier 3 item to be worked on as time permits in FY2024-2025.
Revisions to oversized vehicles: City Council received a status update on this item including the review completed by the Traffic and Parking Advisory Committee (TPAC). Council consensus was to consider this item complete and to remove the item from the Council initiated work plan item list.
Develop a “Reach” Energy Efficiency code: Council question and discussion focused on the status of the City of Berkley electrification ordinance case; whether other agencies have adopted reach codes; and the status of litigation related to reach codes. Council consensus was for the Sustainability Advisory Committee (SAC) to continue to monitor activities and litigation related to reach codes and to report back to City Council as needed. 3 April 1, 2024 Item 02
SPECIAL MEETING MINUTES
March 11, 2024
Develop work plan to improve drainage in Hidden Gulch next to Klish: Council received information from staff regarding drainage in Hidden Gulch. Council consensus was to not proceed with this proposed work plan item at this time.
Development of a Plaque Policy for Del Mar: Council questions focused on the City’s current practice related to plaques. Council consensus was for staff to return to City Council in FY2024- 2025 with a recommendation and plan for implementing a City plaque policy.
Plaque to Honor Native American History in Del Mar at the North Bluff Preservation: City Council consensus was in support of development of a plaque to honor Native American history in Del Mar, and for the Parks and Recreation Committee to take the lead on developing a recommendation for the contents and location of a plaque during FY2024-2025 for City Council consideration.
Lagoon Committee Request to Meet Quarterly: Council consensus was to defer discussion of advisory committee meeting frequency to the march 18, 2024, city Council meeting when advisory committee work plans would be discussed.
Reactivate Powerhouse Upper Deck Expansion Project: Council consensus was for staff to reach out to the Friends of the Powerhouse to confirm their commitment to the project and to obtain an updated engineer’s construction cost estimate and report back to the City Council at a future meeting for Council consideration to add this project to the City’s Work Plan for FY2025- 2026 or 2026-27.
Consider Establishing a Del Mar Shuttle Service: Council discussion focused on the shuttle services provided by Del Mar Community Connections. Council consensus was not to proceed with pursing a Del Mar shuttle service at this time.
November 2024 Ballot Measure – City Council Stipends: Council consensus was for Mayor Druker and Deputy Mayor Gaasterland to work with staff and the City Attorney’s Office to bring forward a ballot measure proposal for the City Council to consider on April 15, 2024.
Turn Design Review Guidelines into Design Review Ordinances: Council consensus was for staff to return by the end of the calendar year with more information about what would be involved in this effort and timing.
11th and 13th St. Safety Concerns: A City Council agenda item on this topic is planned for April 1, 2024.
Prohibition of Rooftop Decks: Council questions and discussion focused on the City’s design guidelines related to rooftop decks and the development of Objective Design Standards.
Merging of Parks and Recreation, Lagoon and Sustainability Advisory Committees:
Council discussion focused on the current size and membership of the various committees.
Council consensus was not to proceed with the proposed merger of these committees at this time.
Explore Getting a Breakdown of Materials vs. Labor Costs on our Public Works Projects, Especially Undergrounding: Council discussion focused on the City’s process for soliciting 4 April 1, 2024 Item 02
SPECIAL MEETING MINUTES
March 11, 2024
bids and awarding contracts and considerations related to providing certain construction services in house versus contracting out. Council consensus was for the City to continue with its current procurement practices in accordance with State law.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:25 P.M.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
5 April 1, 2024 Item 02
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 18, 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
None.
PLEDGE OF ALLEGIANCE
Administrative Services Manager Sarah Krietor led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and the following individuals spoke:
1) Daria Flores
2) John Stahl
3) Karen Powell
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Design Review Board public workshop on March 19, 2024, at 5:00 p.m. in the Town Hall related to development of objective design standards for by-right, multi-unit and mixed-use housing development.
PRESENTATIONS
ITEM 1: MEASURE Q CITIZEN OVERSIGHT COMMITTEE FY 2022-23 MEASURE Q RESULTS (CLERK’S FILE NO. 401-5)
6 April 1, 2024 Item 02
City Council Regular Minutes
March 18, 2024
Mayor Druker introduced the item. A presentation was provided by Measure Q Citizen Advisory Committee Chair Alan Lonbom.
City Council questions and discussion focused on why Measure Q tax revenues differ slightly from sales tax revenues received by the City and appreciation to the Measure Q Citizen Oversight Committee and staff for their work on the annual report provided by the Committee.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk 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 COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MARCH 4, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MARCH 18, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401- 4)
Council waived the reading of ordinances, on consent.
ITEM 5: SUBMITTAL OF THE 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT (CLERK’S FILE NO. 304-7)
Council authorized submittal of the City’s 2023 Housing Element Annual Progress Report (APR) to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), on consent.
ITEM 6: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 TASK ORDER (CLERK’S FILE NO. 406-1)
City Council questions focused on when staff will be asking the City Council to determine timing for the project to go out to bid and start construction. Staff committed to bringing a project status and funding update to Council in June/July 2024, for direction on next steps. Council approved a $68,400 amendment to an existing task 7 April 1, 2024 Item 02
City Council Regular Minutes
March 18, 2024
order with HELIX Environmental Planning for additional necessary environmental services related to the Riverpath Del Mar Extension Project Phase 3, and authorized the City Manager to execute the necessary documents, on consent.
ITEM 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 (CLERK’S FILE NO. 1306-1) Council adopted Resolution 2024-07, “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”, and authorized the City Manager or their designee to record the Grant Deed of Easement, on consent.
PUBLIC HEARING
ITEM 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 (CLERK’S FILE NO. 304-7, 401-4, 401-9)
Mayor Druker was recused from this item due to living within 500 feet of the subject matter of the discussion. Deputy Mayor Gaasterland led the discussion for the item.
City Manager Jones introduced the item and provided background information related to the City’s approved 6th Cycle Housing Element. A presentation was provided by Principal Planner Amanda Lee, including reading proposed amended language for the Resolution and Ordinance into the record from a slide that was in the presentation. Planning and Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer questions. City Attorney Devaney provided information about the voting requirements for the proposed resolution and ordinance.
Council questions focused on what the consequences would be if actions on these Housing Element programs were not completed by April 2024; consequences of decertification of the City’s 6 th Cycle
Housing Element; clarification on direct versus indirect determination; whether residents could file a referendum on the ordinance, if adopted; additional proposed language related to Shores Park and the Public Facilitates zone; circumstances/outcomes related to the Watermark Project; clarification on the City’s 5
th Cycle Housing Element and ‘by right’ language; height limitations; unit requirements in the 6th Cycle Housing Element; state density bonus law as it relates to inclusionary housing requirements; City’s Local Coastal Program Amendment (LCPA) related to density bonus law; density bonus law considerations related to the 6th Cycle Housing Element; whether Coastal Development Permits (CDP’s) issued in the Central Commercial Zone are appealable to the 8 April 1, 2024 Item 02
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California Coastal Commission (CCC); and purchase of Shores Park and history of allowed uses at the site.
Mayor Druker opened the item to public comment and the following people spoke:
1) John Spelich
2) Karen Powell
3) Laura DeMarco
Mayor Druker closed the item to public comment.
Additional Council questions focused on whether the City Council may separate actions related to the Central Commercial and Public Facilities zones; options to further clarify that housing is not an allowed use at the Shores Park site; height limits; density bonus law; and objective design standards.
Council discussion focused on state laws eroding local control over zoning regulations; likelihood of developments on Camino del Mar; whether the City can deny specific waivers under the state’s density bonus law; risk of not adopting the proposed ordinance and consequences of Housing Element decertification; important of ensuring height limits are maintained and enforceable; California Environmental Quality Act (CEQA) analysis; difficult situation the City and City Council face related to housing element implementation and this action in particular; annual limit to Community (General) Plan amendments; and desire to hold a closed session discussion related to this agenda item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO CONTINUE THE ITEM DATE CERTAIN TO APRIL 1, 2024, AND AMEND THE
LAND USE DESIGNATION DESCRIPTION FOR SHORES PARK IN BOTH THE RESOLUTION (TO REFLECT COMMUNITY PLAN DESIGNATION) AND THE ORDINANCE (LCP LAND USE
PLAN DESIGNATION) FOR CONSISTENCY WITH THE ZONING DESIGNATION FOR SHORES PARK IN THE ORDINANCE AS PRESENTED. (VOTE 4-0-1 WITH MAYOR DRUKER RECUSED) Ayes: Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Mayor Druker; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:30 to 7:48 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 9: ESTABLISHMENT OF A SECTION 115 TRUST FOR PENSION RELATED PURPOSES (CLERK’S FILE NO. 209-2, 502-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager/Treasurer Monica Molina and Finance Committee/Pension Subcommittee Member Jeff Sturgis.
Council questions focused on whether the City expects the Public Agency Retirement System (PARS) 115 Trust to perform better than CalPERS; clarification on the City’s unfunded liability and how unfunded liabilities are reported on the Annual Comprehensive Financial Report (ACFR) with and without establishment of the 115 Trust; clarification on the amortization timeline used by 9 April 1, 2024 Item 02
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CalPERS and the 15 year amortization period proposed by staff and the Finance Committee; and whether other agencies in San Diego County have similar pension liability obligations.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco
Mayor Druker closed the item to public comment.
Council discussion focused on support for the item and appreciation to staff and Jeff Sturgis for the presentation; difficulty of managing employee pensions and liability; and performance of PARS compared to CalPERS.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER
WORDEN TO APPROVE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) FOR SECTION 115 TRUST ADMINISTRATION SERVICES; ADOPT RESOLUTION 2024- 08, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA,
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS)”, FOR THE PURPOSE OF PREFUNDING PENSION OBLIGATIONS; AUTHORIZING 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 AUTHORIZING THE INITIAL TRANSFER OF $5 MILLION FROM THE PENSION RESERVE FUND TO THE SECTION 115 TRUST ACCOUNT. (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: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE
30, 2023 AND AUDITED FINANCIAL RESULTS (CLERK’S FILE NO. 205-1) An introduction to the item was provided by City Manager Jones. A brief presentation was provided by Finance Manager/Treasurer Molina.
Council questions focused on Civic Center construction debt; employee compensation; and percentage of General Fund Contingency.
There were no public speakers for the item.
ITEM 11: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REPORT (CLERK’S FILE NO. 202- 5)
A presentation was provided by Finance Manager/Treasurer Molina.
Council questions and discussion focused on pension reserve contribution amounts; enterprise fund usage charge; total budget for the Fire Department; adjustment to the Measure Q fund related to administrative costs; explanation for the decrease in sales tax and Measure Q sales tax revenues in FY2023-2024 compared to the prior year; historical revenue trends related to sales tax, Transient 10 April 1, 2024 Item 02
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Occupancy Tax (TOT) and property tax; revenue generating events at the Del Mar Fairgrounds; Measure Q funds related to the Shores Park master planning efforts; potential for short-term rentals to generate revenues; and City’s process for projecting sales tax revenue in consultation with HdL.
There were no public speakers for the item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-09, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 OPERATING
AND CAPITAL BUDGET, AUTHORIZING THE RECLASSIFICATION OF THE PARKING
ENFORCEMENT SERGEANT POSITION TO PARKING AND COMMUNITY ENFORCEMENT
LIEUTENANT, AND AMENDING THE COMPENSATION PLAN FOR MANAGEMENT PROFESSIONAL EMPLOYEES”. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 12: FISCAL YEAR 2024-2025 ADVISORY COMMITTEE WORK PLANS (CLERK’S FILE NO. 401-5)
A presentation was provided by City Manager Jones.
Council questions focused on the Traffic and Parking Advisory Committee (TPAC) work plan related to speed studies and clarification on TPAC’s past recommendation and analysis related to concerns on Maiden Lane.
There were no public speakers for the item.
Council discussion focused on meeting frequently; Lagoon Committee, Sustainability Advisory Committee, and Parks & Recreation Committees’ requests to meet more frequently; committees’ ability to schedule an additional administrative meeting and special meetings with approval of their assigned Council liaisons; desire to treat committees equitability related to meeting frequency; Undergrounding Project Advisory Committee (UPAC) cash flow analysis related to funding needed for Undergrounding Projects; and desire to discuss funding for Shores Parks as part of the budget process.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE FY 2024-2025 ADVISORY COMMITTEE WORK PLANS, AS AMENDED BY RED DOT ADDING ITEM 7 FOR UNDERGROUNDING PROJECT ADVISORY COMMITTEE. (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
City Council representatives reported on the San Diego Association of Governments (SANDAG) Board; Clean Energy Alliance; League of California Cities; SANDAG Shoreline Preservation Working 11 April 1, 2024 Item 02
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Group; SANDAG Sediment Oceanside Littoral Cell Taskforce; METRO Sewer JPA; San Dieguito Riverpath JPA; and UPAC.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:24 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: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 1, 2024
SUBJECT: Approval of Task Order Amendment with Michael Baker International Related to California Environmental Quality Act (CEQA) Work on the San Dieguito Drive Improvements Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a $25,882 Task Order Amendment (Attachment A) with Michael Baker International for additional utility mark outs and potholing and for the preparation of a CEQA notice of exemption for the San Dieguito Drive Improvement Project; and 2) Authorize the City Manager to execute the Task Order Amendment.
BACKGROUND
San Dieguito Drive is an approximately 1,000 linear foot privately owned road in the City of Del Mar that extends from the intersection of San Dieguito Drive and Racetrack View Drive to Oribia Road. The road is not part of the City’s public streets system and is not owned or maintained by the City. However, there is an easement on San Dieguito Drive that grants the City right-of-way for road and utility purposes (i.e., sewer, water, gas, power, and telephone lines). Currently, San Dieguito Drive is in a deteriorated condition and in need of repair. Due to associated public benefits, the City is working collaboratively with area property owners to explore opportunities to bring the road up to required standards for acceptance into the City’s Public Street System.
From September 2022 to September 2023, the City completed a Council approved Phase 1 Preliminary Engineering Assessment for San Dieguito Drive. On September 5, 2023, the City Council approved further study and design of the “Minimal Alternative” option from the preliminary engineering assessment and approved a $155,400 task order with Michael Baker International (MBI) to proceed with the Phase 2 Road Improvement Design, construction documents and easement acquisition for the Minimal Alternative.
The Minimal Alternative envisions a roadway with a standard centerline crown with 16 feet of asphalt and 3.5-foot concrete rolled curbs for an improved width of 23 feet and a 1 April 1, 2024 Item 05
City Council Agenda Report
Task Order Amendment with MBI for San Dieguito Drive Improvements Project April 1, 2024
minimum 20 feet of travel-way for public safety vehicle access. The adjacent property owners support this design as expressed during several neighborhood meetings with staff and to the City Council. The Minimal Alternative was preferred because it maintains the rural character of the neighborhood as envisioned in the City’s Community Plan, while providing the minimum necessary improvements to upgrade the road to public standards.
DISCUSSION/ANALYSIS:
The City has an agreement with MBI for as-needed civil engineering services. The City previously issued a $155,400 task order to MBI for Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for San Dieguito Drive. In addition to the scope of work included in the original task order, additional mark outs and potholing and separate preparation of a CEQA determination is needed. As such, staff recommends issuing MBI a Task Order Amendment of $25,882 (Attachment A) for this work as described in more detail below.
The first portion of MBI’s scope of work for the Task Order Amendment (Exhibit A to Attachment A) is necessary to cover the cost of additional utility mark outs and potholing associated with the Phase 2 Road Improvement Design. The amendment was prepared in response to the findings of the project’s hydrology report that will require the replacement of the existing 12-inch Corrugated Metal Pipe storm drain which crosses Racetrack View Drive at San Dieguito Drive with a 24-inch Reinforced Concrete Pipe storm drain. To complete the storm drain improvements plans, MBI needs to verify the depth of existing utilities along the new storm drain alignment crossing Racetrack View Drive in order to ensure the design plans do not interfere with the existing utility network.
The second portion of the Task Order Amendment (Exhibit B to Attachment A) is necessary for the preparation of a CEQA determination associated with the San Dieguito Drive Improvements project. The scope of work includes site visits, existing data review, and preparation of Notice of Exemption (NOE). MBI has agreed to complete the scope of work within six (6) weeks of a notice to proceed to align with the project’s overall schedule.
A CEQA determination is necessary to proceed with the project.
As previously discussed, if the San Dieguito Drive Improvement Project moves forward, the City intends to align the design and construction schedules for the improvements to San Dieguito Drive and the Utility Undergrounding District (UUD) X1A (Crest Canyon) project. The current UUD X1A schedule anticipates completion of the design and bid documents by July 2024, followed by the public bidding process, and then anticipated City construction contract award by September 2024. The San Dieguito Drive Improvements Project bid package and CEQA determination is on schedule to be completed along with UUD X1A. There is anticipated savings costs and reduced impacts to residents if the utility undergrounding work along San Dieguito Drive occurs in conjunction with the proposed roadway improvements.
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City Council Agenda Report
Task Order Amendment with MBI for San Dieguito Drive Improvements Project April 1, 2024
FISCAL IMPACT:
The total cost of services to be provided as part of the recommended action is $25,882.
There is $12,600 available in the approved Project budget, leaving an unfunded amount of $13,300. Council approval of the recommended action will result in an amendment to the Fiscal Year (FY) 2023-2024 Operating and Capital Budget to allocate $13,300 from the General Fund as shown below:
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:
San Dieguito Drive Development is listed as a Tier 2 City Council priority for Fiscal Years 2023-2024 and 2024-2025.
ATTACHMENTS:
Attachment A – Michael Baker International Task Order Amendment Exhibit A to Attachment A – Potholing Scope of Work
Exhibit B to Attachment B – CEQA Scope of Work
PROJECT FUND ACCOUNT AMOUNT
San Dieguito Drive
Improvements Project General Fund 40.7000.7048 $13,300
3 April 1, 2024 Item 05
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us April 1, 2024
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260,
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR PHASE 2 ROAD
IMPROVEMENT DESIGN, CONSTRUCTION DOCUMENTS AND EASEMENT ACQUISITION DOCUMENTS OF SAN DIEGUITO DRIVE (ACCOUNT 40.7000.7048) The City previously issued a Task Order (TO) with Michael Baker International (MBI) on September 5, 2023 for road improvement design, construction documents and easement acquisition documents of San Dieguito Drive. This TO Amendment and Notice to Proceed (NTP) is to add additional utility mark outs and potholing and for preparation of CEQA determination.
The TO amendment is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and MBI (Consultant), the term for which is December 7, 2020, to December 7, 2025.
Consultant shall execute additional tasks related to the Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition Documents of San Dieguito Drive, as described in the Consultant’s proposals dated March 8 and 15, 2024, and included as Exhibits A and B to this Task Order. The total cost for this Task Order shall not exceed $25,882. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by June 2024, to the satisfaction of the Public Works Director, in accordance with the proposed scopes of work included in the attached Exhibits A and B.
The primary contact for this Task Order and invoicing is Martin Boyd, Project Manager II, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order amendment.
Approved by: Accepted by:
City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director, Martin Boyd, Project Manager II, and Diana Martinez, Management Analyst
Exhibits A and B: Proposals for Task Order Amendment
4 April 1, 2024 Item 05
March 8, 2024
Martin Boyd, PW
Project Manager II
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: City of Del Mar As-Needed Professional Services Agreement Project: San Dieguito Drive Improvement Project
Subject: Proposal for Task Order Amendment
Dear Martin:
This proposal is to request the City of Del Mar to amend the San Dieguito Drive Improvement Project’s scope of services to increase the extent of our subsurface utility investigation. A detailed background, scope of services and cost estimate is attached on the following page with a summary breakdown provided below:
San Dieguito Drive Improvement Project Task Order Amendment 1 Utility Mark outs and Potholing $10,397
If you have any questions about this scope of services and cost estimate, please feel free to contact me at 442-287-5725.
Sincerely,
Daniel Carns, PE
Project Engineer
5 April 1, 2024 Item 05
City of Del Mar As-Needed Professional Services Agreement Proposal for San Dieguito Drive Improvement Project
Background and Purpose
The scope amendment was prepared in response to the findings of the project’s Hydrology report included in the project’s 75% Submittal. The project will require the replacement of the existing 12” CMP storm drain which crosses Racetrack View Drive at San Dieguito Driven with a 24” RCP storm drain. To complete the storm drain improvements plans, the Michael Baker team must verify the depth of existing utilities along the new storm drain alignment crossing Racetrack View Drive in order to ensure the design plans do not interfere with the existing utility network.
Scope of Services
The following scope has been developed based on our knowledge of the area, our understanding of the City’s permitting requirements, and on our experience with similar projects. The scope of services is amendment as follows:
Task 1: Utility Mark-Outs and Potholing
Michael Baker will prepare an exhibit to determine and coordinate the potholing locations needed for existing utilities conflicting with proposed road and storm drain improvements on San Dieguito Drive and Racetrack View Drive. Contractor team will then coordinate and perform potholing to locate utilities conflicting with the proposed storm drain lateral alignments and provide the updated elevation and invert information to the City to update the storm drain drawings as appropriate.
The scope assumes four additional (4) pothole locations and three additional (3) manhole dips.
Subconsultant will provide traffic control and obtain encroachment and traffic permits from the City of Del Mar and the City of San Diego prior to the work.
Deliverables
Potholing report for assumed (7) pothole locations in PDF file formats.
Assumptions
• Permits are required from City of San Diego and City of Del Mar only. Permitting from additional jurisdictions are not included within the scope of services. • Pavement resurfacing will be in accordance with San Diego County Design Standard drawing DS-22 or San Diego Regional Standard Drawing G-24A. 6 April 1, 2024 Item 05
Fee Estimate
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following fee estimate:
ITEM WORK TASK FEE
Task 1 Utility Mark-out Potholing (Incl. 10% Michael Baker Markup)............... $10,397.00 ESTIMATE TOTAL $10,397.00
7 April 1, 2024 Item 05
March 7, 2024, Revised March 15, 2024
Martin Boyd, PW
Project Manager II
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: City of Del Mar As-Needed Professional Services Agreement Project: San Dieguito Drive Improvement Project
Subject: Proposal for Task Order Amendment (Amendment 2; CEQA) Dear Martin:
This proposal is to request the City of Del Mar to amend the San Dieguito Drive Improvement Project’s scope of services to include preparation of documentation relating to California Environmental Quality Act (CEQA) requirements. A detailed background, scope of services, and cost estimate are attached on the following pages with a summary breakdown provided below:
San Dieguito Drive Improvement Project - Task Order Amendment 2:
Preparation of CEQA Notice of Exemption ________________$15,485 If you have any questions about this scope of services and cost estimate, please feel free to contact me at 442-287-5725.
Sincerely,
Daniel Carns, PE
Project Engineer
8 April 1, 2024 Item 05
1 | P a g e
City of Del Mar As-Needed Professional Services Agreement Proposal for San Dieguito Drive Improvement Project
Background and Purpose
Michael Baker understands that the proposed project is aimed at improving to public standards the deteriorated private section of San Dieguito Drive from Racetrack View Drive to Oribia Road (approximate length of 1,000 feet). The existing roadway is approximately 17 to 20 feet wide and includes adjacent gravel/dirt shoulder areas currently used for vehicular parking. The proposed roadway will have a standard centerline crown with 16 feet of asphalt and 3-foot concrete rolled curbs for an improved width of 23 feet, with existing shoulders to remain as gravel surface. The proposed roadway will be of adequate width to allow for the safe passage of emergency vehicles.
Proposed improvements at the intersection of San Dieguito Drive and Racetrack View Drive will include two retaining walls, storm drain laterals and inlet improvements, and two modular wetlands (stormwater quality best management practices). The proposed roadway improvements are intended to match the existing roadway profile to the extent feasible in order to minimize required grading.
Scope of Services
The following scope has been developed based upon Michael Baker’s knowledge of the area, our understanding of the City’s requirements, and on our experience with similar projects. The proposed scope of services is as follows:
Task 1: Prepare Notice of Exemption
Based upon our preliminary evaluation, the project is exempt from the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15301, Existing Facilities, exempts projects involving the “operation, repair, maintenance...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Examples include existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety.
Additionally, Section 15302, Replacement or Reconstruction, exempts projects that involve the “replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced” (i.e., storm drain replacement).
In confirming the appropriateness of exempting the project from CEQA, Michael Baker will conduct a site visit to document existing conditions (i.e., presence or potential presence of protected habitat) and to substantiate that no “unusual circumstances” are present that may disqualify the use of an exemption. Further, Michael Baker will perform a desktop review of available data resources (City General Plan, recent studies performed in the area, etc.) to confirm that no known historic resources are located on-site or within the vicinity of the proposed improvements, as well as a search of appropriate databases to identify any potential hazardous materials concerns (i.e., site or groundwater contamination). 9 April 1, 2024 Item 05
2 | P a g e
Following completion of such investigations, Michael Baker will prepare a Notice of Exemption (NOE) for the City’s consideration. The NOE will provide supporting discussion as to the applicability of the referenced exemptions and will evaluate any potential environmental effects anticipated with project implementation. Preparation of a CEQA Initial Study Checklist is not required, nor warranted, to support the NOE. Michael Baker will respond to one consolidated set of City comments on the NOE and will prepare the final document, including any relevant supporting technical data, for City use.
Michael Baker will prepare the necessary California State Clearinghouse forms and will submit the NOE to the State Clearinghouse on behalf of the City for website posting. Michael Baker will also file the NOE with the San Diego County Clerk. This task includes filing fees (for reimbursement) for filing the NOE with the County Clerk; all other filing fees, if required, are assumed to be the responsibility of the City or others.
This scope of work excludes the preparation of additional technical investigations not mentioned herein. If, during the course of investigations, Michael Baker determines the need for further technical evaluation, we will discuss with the City potential modifications to the scope of work.
Deliverables
Draft Notice of Exemption and supporting documentation (electronic copy; PDF format) Final Notice of Exemption and supporting documentation (electronic copy; PDF format) Optional Tasks
Task 2: Hearing Attendance and Staff Support
Michael Baker’s CEQA Project Manager will be available to attend one public hearing in support of City staff to address any CEQA-related questions that may arise. Additionally, this task includes time for Michael Baker to assist the City with preparation of the staff report, as needed.
Schedule
Michael Baker understands the City’s desire to expedite fulfillment of the CEQA-related requirements to allow for hearing of the project by the City Council in July 2024. Michael Baker anticipates submitting the draft NOE to the City for review within three weeks from the Notice to Proceed. Assuming City comments will be received within one week subsequent to Michael Baker’s submittal, Michael Baker will revise the document and provide the final NOE for City use within two weeks following receipt of City comments (6 weeks total). 10 April 1, 2024 Item 05
3 | P a g e
Fee Estimate
Michael Baker proposes to complete the work outlined in this Scope of Services and to invoice the City monthly on a percentage of completion basis in accordance with the following fee estimate. Based upon our current understanding, Michael Baker estimates a total cost of $15,485 (fixed fee) to prepare the NOE as scoped herein. The budget represents our best estimate of the level of effort required to complete the work in a professional and timely manner. If it is determined that a NOE does not meet applicable CEQA requirements and preparation of an alternative document or additional technical studies is required, Michael Baker will notify City staff and amend the scope of work as needed.
ITEM WORK TASK FEE
Task 1 Prepare Notice of Exemption .....................................................................$13,150 Subtotal....................................................................$13,150 ESTIMATED TOTAL __________________________ $13,150
Optional Tasks
Task 2 Hearing Attendance and Staff Support.........................................................$2,335 Subtotal......................................................................$2,335 ESTIMATED TOTAL WITH OPTIONAL TASKS_____ $15,485
11 April 1, 2024 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: April 1, 2024
SUBJECT: Acceptance of Grant Deed of Easements for Retaining Walls Related to Utility Undergrounding District 1A – Stratford Court South Project APN: 300-200-11-00 and 300-200-31-00
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve a Resolution (Attachment A) that allows for the acceptance of Grant Deed of Easements in favor of the City over the properties located at 639 Stratford Court and 717 Stratford Court (HOA Common Lot) and authorize the City Manager or their designee to record the Grant Deed of Easements.
BACKGROUND:
The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with report as Attachment B for reference.
On July 12, 2021, the City Council authorized formation of Utility Undergrounding District (UUD) 1A (Stratford Court South). UUD 1A was identified as the next district following the Tewa Court/10th Street UUD pilot project, which was completed on February 8, 2023.
UUD 1A includes 56 poles and 7,650 linear feet of overhead conversion to 11,165 linear feet of underground trench from 4th Street to 12th Street, involving 227 properties and 464 residences. Sixty-four (64) of the homes or buildings in UUD 1A require undergrounding of their private service lateral at the expense of the property owner. A map of UUD 1A is included as Attachment C.
DISCUSSION/ANALYSIS:
On December 4, 2023, the City Council adopted a Resolution approving Design Review Permit DRB23-024 and Land Conservation Permit LC23-014 for grading and installation of retaining walls required to locate undergrounded utility facilities in the Stratford Court City Right-of-Way and Easement adjacent to the properties at 639, 717, and 1105 1 April 1, 2024 Item 06
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Retaining Wall Easements related to UUD 1A – Stratford Court South Project April 1, 2024
Stratford Court and 215 9th Street. The retaining walls are necessary to create level accessible ground in sloping areas for dry utility equipment.
The retaining walls at 639 and 717 Stratford Court are to be located partially on private property, requiring the City to obtain retaining wall easements from the private property owners for the protection and operation of dry utility equipment. The easement at 717 Stratford Court is located within the common lot for the subdivision. The retaining walls at 215 9th Street are located in the public right-of-way and thus do not require easements.
The retaining wall at 1105 Stratford Court is no longer necessary and only grading on private property is required for installation of the dry utility equipment in the public rightof-way.
FISCAL IMPACT:
There is no fiscal impact to the City associated with acceptance of the identified easements, and there will be no fee to record the Grant of Easement documents, as they are to the benefit of the City.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.
ATTACHMENTS:
Attachment A – Resolution Accepting the Grant of Easements Attachment B – Citywide Utility Undergrounding Districts Map Attachment C – UUD 1A Stratford Court South Map
2 April 1, 2024 Item 06
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ACCEPTANCE OF RETAINING
WALL EASEMENTS ON THE PROPERTIES LOCATED AT 639
AND 717 STRATFORD COURT FOR USE AND OPERATION OF
PUBLIC BENEFIT TO THE CITY OF DEL MAR
WHEREAS, on December 4, 2023, the City Council of the City of Del Mar approved Design Review Permit DRB23-024 and Land Conservation Permit LC23-014 for grading and installation of retaining walls required to locate undergrounded utility facilities in the Stratford Court City Right-of-Way and Easement adjacent to the properties at 639, 717, and 1105 Stratford Court and 215 9th Street; and
WHEREAS, as approved, the retaining walls at 639 and 717 Stratford Court will be located partially on private property; and
WHEREAS, the retaining walls are necessary for the protection and operation of dry utility equipment associated with the Utility Undergrounding District 1A (Stratford Court South) project; and
WHEREAS, in order to formalize the easement in favor of the City from the property owners, it is necessary to record two Grant Deed of Easements in favor of the City (Exhibits A and B) (Property).
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the City to accept conveyance of these two above identified easements. This Resolution constitutes the resolution of acceptance by the City of the Property for the purposes of Government Code Section 27281. The above recitals are true and correct.
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, this Resolution shall take immediate effect from and after its passage and approval.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 1st day of April, 2024. _____________________________________
Dave Druker, Mayor
City of Del Mar
3 April 1, 2024 Item 06
Resolution No. 2024-XX
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 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
4 April 1, 2024 Item 06
RECORDING REQUESTED BY:
CITY OF DEL MAR
AND WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
City of Del Mar
Attn: City Clerk
1050 Camino del Mar
Del Mar, CA 92014
(THIS SPACE FOR RECORDERS USE ONLY)
GRANT DEED OF EASEMENT
ASSESSOR’S PARCEL NO: 300-200-11-00
Recording Fee: Exempt Documentary Transfer Tax: Exempt
(Cal.Gov. Code Code Section 27383) (Revenue and Taxation Code Section 11922) The undersign grantor hereby declare(s):
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PARK AND MAUREEN RICHARDSON REVOCABLE TRUST Deed of Trust Dated April 21, 1988, as the Property Owner (“Grantor”), hereby GRANTS AND CONVEYS to the CITY OF DEL MAR, a Chartered Municipal Corporation established under the laws of the State of California and as the (“Grantee”) an easement for the construction and placement of a RETAINING WALL and for the purposes to reconstruct, maintain, operate and repair the retaining wall, including any or all appurtenances thereto, together with the right of ingress and egress, over and across all that real property situated in the City of Del Mar, County of San Diego, State of California as further described in Exhibits “A” and “B,” attached hereto and incorporated by reference (“Property”).
Conditions, duties and obligations for the retaining wall easement are contained within Exhibit “C.”
DATE: ________________, 2024
GRANTOR:
BY:
SUZANNE E WATSON AS TRUSTEE OF THE PARK AND MAUREEN RICHARDSON REVOCABLE TRUST DTD 4/21/88, OWNER
NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.
5 April 1, 2024 Item 06
TENANT ACKNOWLEDGMENT
State of California )
County of _______________________)
On ____________________ before me, ____________________________________________, (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.
Signature __________________________________ (Seal)
Notary Public
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 the truthfulness, accuracy, or validity of that document. 6 April 1, 2024 Item 06
EXHIBIT A
EASEMENT
639 STRATFORD COURT (RETAINING WALL)
APN: 300-200-11-00
LEGAL DESCRIPTION
EXHIBIT A - Page 1 of 1
M:\Mapping\4048\002\Legals\Retaining Walls\639 STRATFORD CT\639 STRATFORD CT_RET WALL_ex-A.docx
THAT PORTION OF THE TRACT OF LAND GRANTED TO THE CALIFORNIA SOUTHERN
RAILROAD COMPANY FOR A RIGHT-OF-WAY UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF MARCH 3, 1875, AND OF RAILROAD AVENUE AS VACATED BY ORDINANCE OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY APRIL 12, 1926, ACCORDING TO MAP NO. 368, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED OCTOBER 7, 1885, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT CITY OF DEL MAR HORIZONTAL CONTROL STATION “CITY BDRY” AS SHOWN ON MAP 15377 FILED JULY 12, 2006 IN THE CITY OF DEL MAR, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE NORTH 22°13’48” WEST, 2378.65 FEET TO SAN DIEGO COUNTY HORIZONTAL CONTROL STATION “CURRY” AS SHOWN ON SAID MAP;
THENCE SOUTH 06°30’06” WEST, 1324.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°19’12” EAST, 23.46 FEET;
THENCE SOUTH 72°40’48” WEST, 2.18 FEET TO STRATFORD COURT RIGHT-OF-WAY AS SHOWN ON PARCEL MAP 19390;
THENCE ALONG SAID RIGHT-OF-WAY NORTH 17°17’03” WEST, 23.46 FEET; THENCE NORTH 72°40’48” EAST, 2.16 FEET TO THE TRUE POINT OF BEGINNING; ALL DISTANCES HEREON DESCRIBED ARE GROUND DISTANCES; TO OBTAIN GRID
DISTANCES MULTIPLY GROUND DISTANCES BY THE COMBINED SCALE FACTOR,
0.99997441 COMPUTED AT STATION CURRY;
AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 03/27/2024
7 April 1, 2024 Item 06
6390 Greenwich Dr 858.554.1500 San Diego, Ca 92122 fuscoe.com
R F U L L C I R C L E T H I N K I N G FE NUG ISN CE EOR IEN G Suite 170
5 8 April 1, 2024 Item 06
6390 Greenwich Dr 858.554.1500 San Diego, Ca 92122 fuscoe.com
R F U L L C I R C L E T H I N K I N G FE NUG ISN CE EOR IEN G Suite 170
9 April 1, 2024 Item 06
6390 Greenwich Dr 858.554.1500 San Diego, Ca 92122 fuscoe.com
R F U L L C I R C L E T H I N K I N G FE NUG ISN CE EOR IEN G Suite 170
10 April 1, 2024 Item 06
EXHIBIT “C”
CONDITIONS, DUTIES AND OBLIGATIONS FOR RETAINING WALL OVER APN:
300-200-11-00
1. Grant of Easement. Grantor warrants and represents that the Property subject to the easement is free and clear of all liens and free and clear of all encumbrances that would interfere with Grantor’s use of the “Easement Area” as identified in Exhibit “B”, and the Grantor has the right to grant this easement. For good and valuable consideration, receipt of which is hereby acknowledged, Grantors herby grants to the Grantee the following easement subject to the following terms and conditions.
2. Scope of Easement. The Easement Area granted is an easement for the construction and placement of a retaining wall and its continued operation, inspection, maintenance, repair, replacement, and removal, should it be needed, of the retaining wall for the protection and operation of dry utility equipment in the location described in the attached Exhibit “A” and shown in attached Exhibit “B” for illustration purposes. The scope identified in this Section 2 shall not be expanded, and the City shall not have any property rights related to the Property and/or Easement Area other than those identified herein.
3. Location of Easement. The Easement Area is described in the attached Exhibit “A” and shown in attached Exhibit “B” for illustration purposes. This is Easement Area shall be the entire area to be encumbered, and shall not be relocated or expanded.
4. Right of Access. Grantee shall have the unfettered right of ingress and egress without notice to Grantor to and from the Easement Area for the purposes described in this Agreement. Grantee shall have the right to enter upon the Property for inspection or construction purposes and may enter the easement area with construction equipment, or vehicles, for the purposes set forth above.
5. Buildings and Structures. Grantor shall not erect or construct any buildings or other structures upon the Easement Area that may interfere with Grantee’s rights, unless authorized by Grantee in writing.
6. Rights of Grantors. Grantor shall retain the right to use and enjoy the Easement Area to fullest extent without unreasonable interference with the exercise by Grantee of the rights granted in this Grant Deed of Easement.
7. Liability and Indemnification. To the fullest extent of the law, Grantee agrees it is solely responsible for the construction, operation, inspection, maintenance, repair, replacement, and removal of the retaining wall authorized herein. To the fullest extent of the law, Grantee agrees to indemnify and hold harmless Grantors against all claims, suits, costs, losses, and expenses that may in any manner result from or arise out of the operation, inspection, maintenance, repair, replacement, and removal of the retaining wall. Such indemnity shall not extend where the claim, suit, costs, losses, or expenses are a result of Grantor’s willful misconduct or gross negligence.
8. Binding Effect. The easement and dedication granted pursuant to this Agreement shall run with the land and the benefits and burdens of this Grant Deed of Easement shall inure to the benefit of and be binding upon the parties and their respective successors, transferees and assigns.
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9. Consideration. In exchange for the promises and required actions contained herein.
10. Number and Gender of Words. Whenever herein the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate.
11. Governing Law and Venue. The laws of the State of California shall govern the validity, construction, enforcement, and interpretation of this Agreement. All claims, disputes and other matters in question arising out of or relating to this Agreement, or the breach thereof, shall be decided by proceedings instituted and litigated in the state court in the North County of San Diego, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
12. Entirety. This Agreement embodies the entire agreement between the parties and supersedes all prior written or oral agreements and understandings, if any, between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.
13. Severability. If any of the provisions of this Agreement, or its application to any party or circumstance, is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible to make such provision legal, valid, and enforceable.
14. Time of the Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to each and every provision of this Agreement. 12 April 1, 2024 Item 06
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest of real property conveyed by the Grant of Easement dated ________________, 2024 from PARK AND MAUREEN RICHARDSON REVOCABLE TRUST Deed of Trust Dated April 21, 1988 to the City of Del Mar, a Chartered Municipal Corporation established by the laws of the State of California, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Del Mar, pursuant to authority by Resolution No. 2024-___, of the City Council of the City of Del Mar adopted on April 1, 2024, and Grantee consents to recordation thereof by its duly authorized officer.
Dated: _______________________
___________________________________
Sarah Krietor, City Clerk
City of Del Mar
Approved as to form:
___________________________________
Leslie Devaney, City Attorney
13 April 1, 2024 Item 06
RECORDING REQUESTED BY:
CITY OF DEL MAR
AND WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
City of Del Mar
Attn: City Clerk
1050 Camino del Mar
Del Mar, CA 92014
(THIS SPACE FOR RECORDERS USE ONLY)
GRANT DEED OF EASEMENT
ASSESSOR’S PARCEL NO: 300-200-31-00
Recording Fee: Exempt Documentary Transfer Tax: Exempt
(Cal.Gov. Code Section 27383) (Revenue and Taxation Code Section 11922) The undersign grantor hereby declare(s):
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STRATFORD PINES LTD, Property Owner (“Grantor”), hereby GRANTS AND CONVEYS to the CITY OF DEL MAR, a Chartered Municipal Corporation established under the laws of the State of California and as the (“Grantee”) an easement for the construction and placement of a RETAINING WALL and for the purposes to reconstruct, maintain, operate and repair the retaining wall, including any or all appurtenances thereto, together with the right of ingress and egress, over and across all that real property situated in the City of Del Mar, County of San Diego, State of California as further described in Exhibits “A” and “B,” attached hereto and incorporated by reference (“Property”).
Conditions, duties and obligations for the retaining wall easement are contained within Exhibit “C.”
DATE: ________________, 2024
GRANTOR:
BY:
DAPHNE YANG AS PRESIDENT OF THE STRATFORD PINES LTD, OWNER NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.
14 April 1, 2024 Item 06
TENANT ACKNOWLEDGMENT
State of California )
County of _______________________)
On _________________________ before me, ________________________________________, (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.
Signature __________________________________ (Seal)
Notary Public
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 the truthfulness, accuracy, or validity of that document. 15 April 1, 2024 Item 06
EXHIBIT A
EASEMENT
717 STRATFORD COURT (RETAINING WALL)
APN: 300-200-31-00
LEGAL DESCRIPTION
EXHIBIT A - Page 1 of 1
M:\Mapping\4048\002\Legals\Retaining Walls\717 STRATFORD CT\717 STRATFORD CT_RET WALL.docx
THAT PORTION OF LOT 6 OF MAP 9726, IN THE CITY OF DEL MAR, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT CITY OF DEL MAR HORIZONTAL CONTROL STATION “CITY BDRY” AS SHOWN ON MAP 15377 FILED JULY 12, 2006 IN THE CITY OF DEL MAR, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE NORTH 22°13’48” WEST, 2378.65 FEET TO SAN DIEGO COUNTY HORIZONTAL CONTROL STATION “CURRY” AS SHOWN ON MAP 15377;
THENCE SOUTH 11°14’30” WEST, 1119.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 17°19’12” EAST, 10.17 FEET;
THENCE SOUTH 72°40’12” WEST, 1.44 FEET TO THE RIGHT-OF-WAY OF STRATFORD COURT AS SHOWN ON SAID MAP;
THENCE ALONG SAID RIGHT-OF-WAY NORTH 17°17’03” WEST, 10.17 FEET; THENCE NORTH 72°40’48” EAST, 1.43 FEET TO THE TRUE POINT OF BEGINNING; ALL DISTANCES HEREON DESCRIBED ARE GROUND DISTANCES; TO OBTAIN GRID
DISTANCES MULTIPLY GROUND DISTANCES BY THE COMBINED SCALE FACTOR,
0.99997441 COMPUTED AT STATION “CURRY”;
AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 03/27/2024
16 April 1, 2024 Item 06
5 858.554.1500
6390 Greenwich Dr, Suite 170
San Diego, Ca 92122
fuscoe.com
17 April 1, 2024 Item 06
858.554.1500
6390 Greenwich Dr, Suite 170
San Diego, Ca 92122
fuscoe.com
18 April 1, 2024 Item 06
858.554.1500
6390 Greenwich Dr, Suite 170
San Diego, Ca 92122
fuscoe.com
19 April 1, 2024 Item 06
EXHIBIT “C”
CONDITIONS, DUTIES AND OBLIGATIONS FOR RETAINING WALL OVER APN:
300-200-31-00
1. Grant of Easement. Grantor warrants and represents that the Property subject to the easement is free and clear of all liens and free and clear of all encumbrances that would interfere with Grantor’s use of the “Easement Area” as identified in Exhibit “B”, and the Grantor has the right to grant this easement. For good and valuable consideration, receipt of which is hereby acknowledged, Grantors herby grants to the Grantee the following easement subject to the following terms and conditions.
2. Scope of Easement. The Easement Area granted is an easement for the construction and placement of a retaining wall and its continued operation, inspection, maintenance, repair, replacement, and removal, should it be needed, of the retaining wall for the protection and operation of dry utility equipment in the location described in the attached Exhibit “A” and shown in attached Exhibit “B” for illustration purposes. The scope identified in this Section 2 shall not be expanded, and the City shall not have any property rights related to the Property and/or Easement Area other than those identified herein.
3. Location of Easement. The Easement Area is described in the attached Exhibit “A” and shown in attached Exhibit “B” for illustration purposes. This is Easement Area shall be the entire area to be encumbered, and shall not be relocated or expanded.
4. Right of Access. Grantee shall have the unfettered right of ingress and egress without notice to Grantor to and from the Easement Area for the purposes described in this Agreement. Grantee shall have the right to enter upon the Property for inspection or construction purposes and may enter the easement area with construction equipment, or vehicles, for the purposes set forth above.
5. Buildings and Structures. Grantor shall not erect or construct any buildings or other structures upon the Easement Area that may interfere with Grantee’s rights, unless authorized by Grantee in writing.
6. Rights of Grantors. Grantor shall retain the right to use and enjoy the Easement Area to fullest extent without unreasonable interference with the exercise by Grantee of the rights granted in this Grant Deed of Easement.
7. Liability and Indemnification. To the fullest extent of the law, Grantee agrees it is solely responsible for the construction, operation, inspection, maintenance, repair, replacement, and removal of the retaining wall authorized herein. To the fullest extent of the law, Grantee agrees to indemnify and hold harmless Grantors against all claims, suits, costs, losses, and expenses that may in any manner result from or arise out of the operation, inspection, maintenance, repair, replacement, and removal of the retaining wall. Such indemnity shall not extend where the claim, suit, costs, losses, or expenses are a result of Grantor’s willful misconduct or gross negligence.
8. Binding Effect. The easement and dedication granted pursuant to this Agreement shall run with the land and the benefits and burdens of this Grant Deed of Easement shall inure to the benefit of and be binding upon the parties and their respective successors, transferees and assigns.
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9. Consideration. In exchange for the promises and required actions contained herein.
10. Number and Gender of Words. Whenever herein the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate.
11. Governing Law and Venue. The laws of the State of California shall govern the validity, construction, enforcement, and interpretation of this Agreement. All claims, disputes and other matters in question arising out of or relating to this Agreement, or the breach thereof, shall be decided by proceedings instituted and litigated in the state court in the North County of San Diego, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
12. Entirety. This Agreement embodies the entire agreement between the parties and supersedes all prior written or oral agreements and understandings, if any, between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.
13. Severability. If any of the provisions of this Agreement, or its application to any party or circumstance, is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible to make such provision legal, valid, and enforceable.
14. Time of the Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to each and every provision of this Agreement. 21 April 1, 2024 Item 06
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest of real property conveyed by the Grant of Easement dated ________________, 2024 from STRATFORD PINES LTD to the City of Del Mar, a Chartered Municipal Corporation established by the laws of the State of California, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Del Mar, pursuant to authority by Resolution No. 2024-___, of the City Council of the City of Del Mar adopted on April 1, 2024, and Grantee consents to recordation thereof by its duly authorized officer.
Dated: _______________________
___________________________________
Sarah Krietor, City Clerk
City of Del Mar
Approved as to form:
___________________________________
Leslie Devaney, City Attorney
22 April 1, 2024 Item 06
ATTACHMENT
B
23 April 1, 2024 Item 06
Stratford Ct.
06/15/2021
Utility Undergrounding District 1A (UUD 1A) - Stratford Court South
ATTACHMENT C
Pacific Ln. 611
613
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217 1047 1035219225234 220 1023 1005215931919903 910 944 231233 227 221223 240 236 232 222 Stratford Ct.
Stratford Ct.
Penny Ln.
4th Street
6th Street
7th Street
Camino del Mar
8th Street
Shippley Ln.
9th Street
12th Street
10th Street
201 390 423 427 230 232 234 411 419 220224 415 226 228 210 212214 216 218 404
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Sherry Ln.
603
Sea Orbit Ln.
Little Orphan Alley
Stratford Ct.
Melanie Wy.
905
LEGEND Description
District Limits
Trench Work Beyond District Limits 11th Street
0 222 142
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DEL MAR
CITY HALL 1050 0
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24 www.delmar.ca.us/up
April 1, 2024 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: April 1, 2024
SUBJECT: Approval of Task Order Amendment with Utility Specialists Southwest, Inc. for Utility Undergrounding District X1A – Crest Canyon Pre-Construction Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a $104,852 Task Order Amendment (Attachment A) with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD X1A; and 2) Authorize the City Manager to execute the Task Order Amendment.
BACKGROUND:
The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with report as Attachment B for reference.
On July 12, 2021, the City Council authorized formation of Utility Undergrounding District (UUD) X1A (Crest Canyon). UUD X1A includes 77 poles and approximately 11,200 linear feet of overhead conversion to 14,363 linear feet of underground trench, and involves 152 properties and 114 residences. Eighty-five (85) of the homes or buildings in UUD X1A require undergrounding of their private service lateral at the expense of the property owner. A map of UUD X1A is included as Attachment C.
DISCUSSION/ANALYSIS:
A Task Order Amendment for Utility Specialists Southwest, Inc. is necessary to cover the cost of additional pre-construction services for UUD X1A. The additional pre-construction services include $7,500 for development of plat and legal for City retaining wall easements and $97,352 for additional time for enhanced communication and coordination with residents and SDG&E during the pre-construction phase. The additional time for enhanced communication and coordination was recently brought to staff’s attention due to a higher than anticipated volume of work for this task. This includes preparation and additional revisions of homeowner lateral and easement exhibits, frequent updating of 1 April 1, 2024 Item 07
City Council Agenda Report
Task Order Amendment with Utility Specialists Southwest, Inc. for UUD X1A April 1, 2024
homeowner database, homeowner communications, development of the UP Communications Plan, and coordination with SDG&E.
The City previously allocated funds and issued a task order to Utility Specialists Southwest, Inc. for pre-construction activities related to UUD XA. In order to continue implementing the Council’s prior direction related to enhanced coordination/communications with residents prior to construction for the project, the task order with Utility Specialists for the project needs to be amended and increased funding authorized. The proposed UUD X1A Task Order Amendment is for $104,852, bringing the Task Order total to $835,937 (approximately
10.3% of the total estimated project cost) for preconstruction activities, which are further described in Exhibit A to Attachment A.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the approved budget for this project to perform the additional pre-construction work included in the proposed task order work.
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:
Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.
ATTACHMENTS:
Attachment A – Utility Specialists Southwest, Inc. Task Order Amendment Exhibit A to Attachment A – UUD X1A Pre-Construction Services Scope of Work Attachment B – Citywide Utility Undergrounding Districts Map Attachment C – UUD X1A Crest Canyon Map
2 April 1, 2024 Item 07
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us April 1, 2024
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) – PRE-CONSTRUCTION SERVICES (ACCOUNT 02.7000.7203 – PO#58-00530)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024.
Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $104,852. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by September 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Project Manager II, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order amendment.
Approved by: Accepted by:
City of Del Mar Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Exhibit A: Utility Specialists Southwest,Inc. - UUD X1A Pre-Construction Services Scope of Work
3 April 1, 2024 Item 07
Item
# Description US Principal KCM Principal US Sr. PM KCM Sr. PM US Asst PM KCM Asst PM KCM PC Fuscoe Total Cost 1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 9 months with time divided between Districts 1A, X1A & IB. 4.0 4.0 $1,440
b Prepare agendas, draft and distribute minutes for by-weekly coordination calls. time divided between 1A, X1A & IB. 4.0 $787 c Attend City Council hearings, if requested by City staff. Assumes attendance at two hearings plus travel. 6.0 6.0 $2,460 c2 Attend quarterly UPAC meetings during design & bidding phases. Attendance at quarterly in-person meetings (3 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A, X1A & IB. 3.0 8.0 $2,205 d Prepare X1A status reports and other handout materials, as requested by City staff, for City Council hearings. 2.0 1.0 $555 e Assist staff with negotiations with SDG&E and other utility agencies - complete. $0 f Draft and distribute meeting minutes for SDGE and utility meetings and site visits - complete. $0 Subtotal City and Agency Coordination 0.0 9.0 0.0 24.0 0.0 5.0 0.0 $0 $7,447 2 District X1A Design
a Surveying & Mapping - complete. $0
b Concept Layout - complete. $0
c Design Coordination for Public ROW $0
* Develop design and construction schedules. Update design schedule periodically. 4.0 $780 * Prepare exhibits/technical documents for Phase 3: 2 private property easements. 2.0 4.0 $1,050 * Easement coordination; Right of Entry Permits; includes communications/meetings with homeowners as necessary to obtain executed SDG&E and City easements. 49.0 43.0 $13,635 d Design Coordination for Private lateral extensions $0 * Revise exhibits/technical documents for Phase 3: 24 private property laterals coordination. 12.0 24.0 $6,300 * Review Homeowner provided information; includes meetings with Phase 3 property owners regarding coordination of 24 service lateral locations and installation. 24.0 24.0 $6,960 e 50% Civil Design - complete. $0
f 100% Civil Design: Allowance for Plats & Legals for Retaining Wall Easements $7,500 $7,500 g Improvement Plan Processing $0h Allowance for other design support services, as requested - see contingency. $0 i Filing and document management. 2.0 $190
Subtotal District Design 0.0 0.0 0.0 91.0 0.0 28.0 69.0 $7,500 $36,415 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff to finalize City policy - complete. $0 b Draft, in coordination with CDM, Right of Entry request - complete. $0 c Draft, in coordination with CDM, homeowner notification letters regarding laterals and easements - complete. $0 d Assist City in responding to resident questions submitted via website - included below. $0 e Finalize format of Customer-Based Tracking and Monitoring Database - complete. $0 3/20/2024
City of Del Mar Undergrounding Program - Task Order #03b - District X1A Crest Remaining to Complete Task Order #03b Services - District X1A Crest Remaining to Complete Task Order #03b includes additional services highlighted below from September 2022 through completion of construction for District X1A assuming total of 26 months for design starting July 2021, 3 months bidding, and 18 months construction. 4 April 1, 2024 Item 07
Item
# Description US Principal KCM Principal US Sr. PM KCM Sr. PM US Asst PM KCM Asst PM KCM PC Fuscoe Total Cost Task Order #03b Services - District X1A Crest Remaining to Complete f Populate database with property owner and resident contact information: Periodic repopulation of database with more current owner information from GIS and water billings have been required. 20.0 $1,900 g Regular updates to database with project status and homeowner communications. Includes 9 months of tracking and reports, assumed at approximately 1.5 hours per month Sr. PM and 10 hours avg. per month Asst PM time. 14.0 90.0 20.0 $19,480 h Schedule, coordinate, and lead neighborhood meeting - complete. $0 i Draft, in coordination with CDM, district design and bidding status update letters to residents. Assumed sent out quarterly. 4.0 $780 j Provide technical content and status updates for use in periodic media outreach and website updates. 2.0 $390 k Draft, in coordination with CDM, hearing notification to residents for City Council decision on progressing into construction. 2.0 $390 l Filing and document management. 20.0 $1,900
Subtotal Resident Interface and Communications 0.0 0.0 0.0 22.0 0.0 90.0 60.0 $0 $24,840 4 Public Bidding Support
a Preparation of front-end bid documents, bid items, and special terms and conditions. 40.0 80.0 $21,000 b Publish Notice Inviting Bids. 4.0 $780
c Contact potential bidders and distribute bid package. 8.0 $1,560 d Coordinate and manage Pre-Bid meeting. 6.0 $1,170
e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 20.0 12.0 $5,880
f Coordinate and manage Bid Opening meeting. 4.0 $780
g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. 12.0 16.0 $4,980 Subtotal Public Bidding Support 0.0 0.0 0.0 94.0 0.0 108.0 0.0 $0 $36,150 Total Hours During Design & Bidding 0.0 9.0 0.0 231.0 0.0 231.0 129.0 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost During Design & Bidding $0 $1,935 $0 $45,047 $0 $38,115 $12,255 $7,500 Subtotal Estimated Cost for During Design & Bidding
Contingency
Total Estimated Cost for Remaining to Complete Design & Bidding Exclusions
Attendance at Meetings/Hearings not Specifically Included Graphic Design will be a Reimbursable ExpenseNotifications to property owners regarding consequences of refusing to underground Direct Mail will be a Reimbursable Expense Participation in enforcement actions on homeowners refusing to underground GIS Support and GIS Exhibits Management of private lateral undergrounding excluded – assumes coordination only City Resident Engineer InspectionsCommunications Subconsultant Support ‐ to be provided by City ConsultantSocial Media Development, Operations ‐ Assume by City $104,852$104,852
$0
5 April 1, 2024 Item 07
ATTACHMENT
B
6 April 1, 2024 Item 07
Utility Undergrounding District (UUD X1A) - Crest Canyon 06/15/2021
P62475 Exempt
from Removal
(to be removed
as part of
SDG&E project)
0 2100 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
690 567 624 535
608
550 548 540532
1561
1429 1465 1569
655 1492
1440 1507 641625 617 544 1810 545 625
650
1567
1449 1604
1420 1450 1522 1601
1490 1330 1361 1435 1439
1535
1505
1515
1441
1440 1305 1346 1370 1445
1406 1373 1557
1555
1525
652
131613451335 14261420 1340 13461352
1233 1250 1230 1232 1210 1402
1200 1260
1180 1174
1234 1236 1238 1223
1209
1203
1145
785 1130 1135
1230
1122
1110
1042 1036 1022 1016 999 945 905
912786 766
787 860 767 834 0 628
615 627 645
755 757
728
801 743 733 725 715 701 San Dieguito Dr.
Oribia Rd.
Serpentine
Avenida Primavera
Avenida
15th St.
Crest Rd.
Crest
Way
Amphitheatre Dr. Klish Way
Serpentine
660 526 655 0
0 616
11351/2
9051/2
Via Alta Crest Way Hoska Ln.
Hoska Dr.
Crest Rd.
Crest Rd.
Kalamath Dr. Crest Rd.
ZuniDr.
Primavera Dr. Dr.
San Dieguito Dr.
San DieguitoDr. Racetrack View Dr. Oribia Rd.
LEGEND Description
District Limits
Trench Work Beyond District Limits www.delmar.ca.us/up
7 April 1, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Ashley Jones, City Manager
Clem Brown, Assistant City Manager
Sarah Krietor, Administrative Services Manager
DATE: April 1, 2024
SUBJECT: Recap of the 2024 City Council Goals and Priorities Setting Workshop and Council Approved FY 2024-25 City Work Plan
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive this report, which includes the approved Fiscal Year (FY) 2024-25 City Work Plan reflecting Council feedback from the 2024 City Council Goals and Priorities Setting Workshop.
DISCUSSION/ANALYSIS:
On March 11, 2024, the City Council held a Goals and Priorities Setting Workshop (Workshop) to review and update the City Work Plan for Fiscal Year (FY) 2024-25, which was previously approved as part of the current two-year budget. At the Workshop, the City Council received an update on the work plan items that have or will be completed in FY 2023-24; reviewed and provided feedback on the FY 2024-25 City Work Plan; and considered Council proposed work plan items.
The City Council was largely supportive of the proposed updates to the FY 2024-25 City Work Plan as presented by staff at the Workshop. The attached FY 2024-25 City Work Plan (Attachment A) reflects minor changes to work plan items in Tiers 1, 2 and 3 as directed by the City Council and summarized below:
Tier 1 Changes: 1) Updated language related to 6th Cycle Housing Element Program 3A to reflect that the Exclusive Negotiating Rights Agreement (ENRA) has been approved by the City Council and the 22nd District Agricultural Association Board of Directors; 2) Added an item to prepare Fair Housing Materials (6th Cycle Housing Program 6B; 3) Added an item related to formation of Utility Undergrounding District 3; 4) Added an item related to Affordable Housing on City-Owned Properties at 10th Street and 28th Street (6th Cycle Housing Element Program 3B); and 5) Added an item to complete a General Plan Update related to the City’s Open Space Element Update (SB 1425). 1 April 1, 2024 Item 08
City Council Agenda Report
2024 Goals and Priorities Setting Workshop Recap
April 1, 2024
Tier 2 Changes: 1) Added an item related to Del Mar Municipal Code (DMMC) Purchasing Policy Chapter Update; 2) Added an item related to Solar Energy Partnership (6th Cycle Housing Element Program 6D); and 3) Added an item related to Electric Bicycle Safety - Municipal Code Amendments.
Tier 3 Changes: 1) Added an item to update the City’s Bench Donation Program; 2) Added an item to update/enhance the exterior lighting at the Del Mar Civic Center; 3) Added an item related to development of a City plaque policy; 4) Added an item related to the development of a plaque honoring Native American history in Del Mar to be led by the Parks and Recreation Committee; and 5) Added an item related to the development of a single use plastics ordinance to be worked on by staff and the Sustainability Advisory Committee.
Throughout the year, staff will update the FY 2024-25 City Work Plan as may be needed to reflect any new work plan items approved by the City Council.
Much of the workshop discussion focused on new work plan items proposed by individual Councilmembers for Council consideration. A summary of Council’s discussion and direction provided on these items is included in Attachment B, and those identified for follow up action are described in further detail below.
Item Description Action/Timeline
Shores Park Master Planning Staff will return to City Council by the end of 2024 with a recap of Master Planning efforts
to date to facilitate a Council discussion on
potential next steps for reinitiating this project,
including a restart of the Shores Park Advisory
Committee.
Development of a City Plaque Policy This item has been added to the City’s Work Plan as a Tier 3 item to be completed in FY
2024-25. Staff will return with a draft City
plaque policy for Council consideration by the
end of FY 2024-25.
Plaque to Honor Native American History
in Del Mar
This item has been added to the City’s Work
Plan as a Tier 3 item to be led by the Parks
and Recreation Committee and worked on in
FY 2024-25. Work will include development of
a proposed plaque and placement location for
Council consideration.
2 April 1, 2024 Item 08
City Council Agenda Report
2024 Goals and Priorities Setting Workshop Recap
April 1, 2024
Consideration of a 2024 City Initiated
Ballot Measure to Increase Council
Stipends
Mayor Druker and Deputy Mayor Gaasterland
will return with a proposal for Council
consideration on April 15, 2024.
Further Evaluation of Turning the Design
Review Guidelines into Design Review
Ordinances
Prior to the end of 2024, staff will provide an
update to the Council about what would be
involved in this effort and a schedule on when
the work could begin.
2050 Vision City Council consensus was for the Planning Subcommittee, Mayor Druker and Deputy
Mayor Gaasterland, to work with staff to
develop a proposed “roadmap” for the City
Council to complete a 2050 Vision for Del Mar.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. Funding needed for any approved FY 2024-25 work plan items will be incorporated into the proposed Fiscal Year 2024-25 Budget Update planned for Council consideration on June 3 and 17, 2024.
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:
The purpose of this item is to memorialize the FY 2024-25 City Council Goals and Priorities/City Work Plan.
ATTACHMENTS:
Attachment A- Final FY 2024-25 City Council Goals and Priorities Attachment B- Summary of Proposed Council-Initiated Work Plan Items 3 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
1 Implement Mandatory SB 1383
Organics Recycling
Requirements
SB 1383 went into effect on January 1, 2022,
and requires the City to implement several new
programs related to organics recycling, edible
food recovery, and organic material
procurement. Beginning January 1, 2024, local
governments are now required to enforce
commercial generators' compliance with SB
1383.
For the past three years, staff has been working to educate residents and businesses on the new recycling requirements.
For FY24-25, staff will continue working with EDCO and the Solana Center to establish and operationalize new City
processes, programs, and work flows to meet the State
requirements. Staff will particularly focus on enforcing requirements on commercial generators of organic waste, in collaboration with EDCO and the Del Mar Village Association.
Once these programs are in place, this special project will become a part of the City’s regular operations.
City Manager's Office
2 Participation in Multiple
SANDAG Major Projects:
- LOSSAN Rail Realignment
- DM Bluff Stabilization 5
- DM Bluffs Access
Improvements
- San Dieguito Double Track
On-going coordination and work with SANDAG
and the public on significant CIP projects
happening in parallel, including the LOSSAN
Rail Realignment Project; Del Mar Bluff
Stabilization Project 5; Del Mar Bluffs Access
Improvements Project (informed by the Coastal
Connections Conceptual Planning Study); and
the San Dieguito Double Track project, which
involves relocation of City water/wastewater
utility lines, a pedestrian undercrossing, license
agreements, and encroachment permits.
Coordination and participation with SANDAG on various
SANDAG projects affecting Del Mar is ongoing and involves a substantial amount of City staff time from multiple
departments.
City Manager's Office
Public Works
Planning
City Attorney
3 Senate Bill 9 (SB 9)
Implementing Ordinance/LCPA
Prepare and process ordinance to implement
State law provisions consistent with CCC
guidance to harmonize housing law with the
Coastal Act. SB 9 provisions took effect
January 1, 2022; however, the CCC confirmed
that any application submitted prior to
processing of the LCPA must be processed in
accordance with the existing certified LCP to
ensure protection of coastal resources.
In-process. City Council adopted Ordinance in June 2023.
CCC certification action is pending in 2024. Planning
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 4 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 4 ADU Ordinance/LCPA for
Consistency with State Law
The City's prior ADU Ordinance/LCPA expired
Oct 2021. Subsequent revisions to State law
have been enacted. Prepare and process
revised ordinance/LCPA for consistency with
State law as needed to harmonize State housing
law and the Coastal Act (i.e. requirement for
replacement parking for garage conversions)
and address inconsistencies previously
identified.
In-process. City Council adopted Ordinance in December
2023. CCC certification action is pending in 2024. Planning 5 Tiny House Regulations (6th
Cycle Housing Element
Program 2F)
Prepare and process Ordinance/LCPA by
December 2023 to clarify that tiny houses are
allowed in accordance with the ADU regulations.
Identify additional circumstances where tiny
houses can be allowed to supplement RHNA
production strategy to create 15 low income
ADUs.
In-process with ADU Ordinance. City Council adopted
December 2023. CCC certification action is pending in 2024. Planning 6 Amendments to PF Zone and
Processing of LCP Map Clean
Up (6th Cycle Housing Element
Program 1H)
Prepare and process two amendment projects to
implement Housing Element including 1)
Ordinance/LCPA for clean-up mapping actions
to reflect Council rezone actions adopted in
1997 consistent with existing General Plan; and
2) General Plan Amendment and
Ordinance/LCPA to confirm affordable housing
is an allowed use in the PF Zone. Council
action by April 2024. Coastal Commission action
anticipated by June 2025.
In-process. Two Final Program EIRs cover these actions for the PF zone. PF Zoning Map cleanup ordinance/LCPA
adopted January 2023. Adoption of PF amendments by April 2024. CCC certification action anticipated by June 2025.
Planning
7 Amend Central Commercial
(CC) Zone (6th Cycle Housing
Element Program 1C)
Prepare and process Ordinance/LCPA per
Program 1C to allow 20 du/ac density to create
adequate sites and facilitate affordable housing.
Council action by April 2024. CCC certification
action anticipated by June 2025.
In-process. Planning Commission February 2024; and City Council March/April 2024. CCC certification action will follow. Planning 8 Update Density Bonus
Ordinance (6th Cycle Housing
Element Program 1G)
Prepare and process Ordinance to implement
required Housing Element program by June
2024.
In-process, City Attorney/Planning preparing draft Ordinance.
Planning Commission March 2024; and City Council April/May 2024.
Planning
City Attorney
5 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 9 Update Inclusionary
Housing/Condo Conversion
Regulations (6th Cycle Housing
Element Programs 4D/4E)
Prepare and process Ordinance to implement
required Housing Element by June 2024.
Update correlates with SB 9 Ordinance/LCPA
and Density Bonus and NC Zone Referendum
Settlement Agreement.
In-process; City Attorney/Planning preparing draft Ordinances.
Planning Commission by May 2024; and City Council by
June/July 2024.
Planning
City Attorney
10 Prepare Objective Design
Standards for By Right Housing
(6th Cycle Housing Element
Program 6G)
Selected consultant in 2023. Prepare and
process objective design standards for by-right
multiple dwelling unit development. Complete
design standards by June/July 2024.
In-process; Consultant and staff conducted public workshop and are working on preparing the draft standards. Complete design standards will be presented to Design Review Board and Planning Commission in April 2024, and City Council in June/July 2024.
Planning
11 Process Ordinances to create
incentives and an Affordable
Housing Overlay Zone - (6th
Cycle Housing Element
Program 1D and 1I)
Utilize data from Phase II studies completed
January 2023 to prepare an Ordinance creating
an overlay zone to provide site-specific
incentives for affordable housing projects on
Housing Element sites or additional sites (i.e.,
hotels, the Plaza, and apartments).
In-process. Per Council direction, public outreach and
discussion of potential options related to the scale and compatibility of development will occur by June 2025.
Planning
12 Prepare Fair Housing Materials
(6th Cycle Housing Program
6B)
Prepare and publish Fair Housing Materials in
English and Spanish in order to implement a
component of Program 6B, Affirmatively
Furthering Fair Housing. Materials will be made
available on the City's website and local nonprofits.
Planning staff to initiate process in March 2024 with
completion by June 2024. Planning
13 Fairgrounds Housing Strategy
(6th Cycle Housing Element
Program 3A)
Initiate process to secure agreement with 22nd
District Agricultural Association (DAA) and
affordable housing developer. Binding
agreement required by April 2024 or
contingency rezone program will be required.
Utilize findings of Phase I feasibility studies.
Prepare RFP and select affordable housing
consultant (spring 2022). Participate in
Fairgrounds strategic planning process.
In-process. The Exclusive Negotiation Rights Agreement
(ENRA) was approved by the Fair Board on February 20, 2024 and by the Del Mar City Council on March 4, 2024. Next
steps include the 22nd DAA site selection by December 2024.
Feasibility studies to follow through December 2025.
Planning
City Manager's Office
6 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 14 Affordable Housing on CityOwned Properties at 10th
Street and 28th Street (6th
Cycle Housing Element
Program 3B)
Initiate process to pursue affordable housing on
vacant City-owned properties at 10th Street and
28th Street per Housing Element. Contact nonprofits to solicit interest in partnership. Seek City Council decision by 2025 whether to pursue
development entitlements or alternative strategy
(i.e., land disposition).
In-process. Completed feasibility studies June 2022. City Manager's Office/Planning
15 Short Term Rental
Regulations/Preservation of
Existing Housing Stock (6th
Cycle Housing Element
Program 5C)
Prepare and process ordinance/LCPA to
regulate short term rentals. Update correlates
with NC Zone Referendum Settlement
Agreement. Housing Element identifies
December 2024 as target deadline.
In-process. Forbearance extended to February 2025. Data collection January-July 2023. Registry of existing STRs initiated September 2023. Council policy direction October 2023-May 2024. Planning Commission and City Council in
2024. CCC certification action to follow.
Planning
City Attorney
16 General Plan Update: Safety
Element Update (6th Cycle
Housing Element Program 6H)
City must update the Safety Element per
Housing Element. Update correlates with other
required updates relating to the Open Space
and Environmental Justice Element updates and
ADUs.
In-process. Planning staff is working with a consultant to prepare the draft document. Planning
17 General Plan Update: New
Environmental Justice Element
(6th Cycle Housing Element
Program 6E)
City must create a new Environmental Justice
Element per Housing Element. Update
correlates with other required updates relating to
the Safety and Open Space updates.
In-process. Planning staff is working with a consultant to prepare the draft document. Planning
18 General Plan Update: Open
Space Element Update (SB
1425)
By January 1, 2026, City must update Open
Space Element to address specified climate
resilience and rewilding criteria to provide
coordinated mitigation of impacts to new
development. Correlates with Environmental
Justice and Safety Element update
requirements.
Not started Planning
19 Residential Care Facilities (6th
Cycle Housing Element
Program 4A)
Prepare and process Ordinance/Local Coastal
Program Amendment (LCPA) to clarify this use
type and bring the regulations into compliance
with State law. Council action by December
2024. CCC action by December 2025.
Not started Planning
7 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 20 Emergency Shelters,
Transitional Housing,
Supportive Housing, and Low
Barrier Navigation Centers (6th
Cycle Housing Element
Program 4B)
Prepare and process Ordinance/LCPA for
compliance with State law. Develop procedures
and informational handouts to connect people to
resources. Council action by December 2024.
CCC action by December 2025.
Not started Planning
21 Annual Water System Priority
Improvements Water System Repairs and Improvements. Project will begin in June 2024. Public Works 22 Annual Wastewater System
Priority Improvements Wastewater System Repairs and Improvements. Project will begin in June 2024. Public Works 23 Annual Storm Drain System
Priority Improvement
Replace storm drain facilities that surpassed
their useful life. Project will begin in June 2024. Public WorksPlanning 24 Annual Bike Route Repairs Repair bike lanes on major arterials; CDM, JDB, Via de la Valle, Carmel Valley Road. Construction scheduled for completion in May 2024. Public Works 25 Annual Pavement Management
Program (baseline)
Annual Roadway Repairs to Major Arterials and
Residential Streets. FY2024-2025 project will begin in June 2024. Public Works 26 Annual Small Area Pavement
Repair Contract
Citywide small area asphalt completions and
repairs. Construction Scheduled for April 2025 Public Works 27 Camino del Mar Bridge
Replacement Project
Replace Camino del Mar Bridge over San
Dieguito River in accordance within Federal
Highway Bridge Program requirements.
Project Team preparing 65% design engineering documents and preparing resource agency permit applications.
Construction Management Procurement will begin in July
2024. Project construction targeted for fall 2026.
Public Works
Planning
28 Riverpath Del Mar Phase III Extend Riverpath Del Mar from Grand Avenue Bridge to Crest Canyon
Project team working on Coastal Development Permit and
NEPA approvals and construction funding. Construction
targeted for September 2024.
Public Works
Planning
29 1A Utility Undergrounding
District (Stratford South)
Undergrounding of above ground dry utilities into
joint trench and underground service laterals.
Design and permitting underway. Construction targeted to begin in April-May 2024.
Public Works
City Manager's Office
30 X1A Utility Undergrounding
District (Crest Canyon)
Undergrounding of above ground dry utilities into
joint trench and underground service laterals.
Design and permitting underway. Construction targeted to begin Fall 2024.
Public Works
City Manager's Office
8 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 31 1B Utility Undergrounding
District (Stratford North)
Undergrounding of above ground dry utilities into
joint trench and underground service laterals.
Design and permitting underway. Construction targeted to begin in Early 2026.
Public Works
City Manager's Office
32 2 Utility Undergrounding District
(Beach Colony)
Undergrounding of above ground dry utilities into
joint trench and underground service laterals.
District formation services underway with district formation anticipated June 2024.
Public Works
City Manager's Office
33 3 Utility Undergrounding District Undergrounding of above ground dry utilities into joint trench and underground service laterals. District formation services targeted to begin June - July 2024. Public WorksCity Manager's Office 34 Ocean View Drainage Brow
Evaluation and repairs of a concrete drainage
swale between Ocean View Ave and Camino
Del Mar.
Preliminary site evaluation completed and proceeding to design. Construction targeted to begin 2024. Public Works 35 Water Valve Replacement
Project
Replace broken control valves as identified in
maintenance program. Occurs annually usually around April of each year Public Works 36 Major Facility Repairs
Essential building (City Hall, Library, Public
Works, Community Services, etc..) repairs
including exterior, doors/windows, electrical,
plumbing, HVAC, fire and security systems.
Work will occur throughout each fiscal year Public Works 37 Lead and Copper Rule Service
Line Inventory Assessment
New Legislation (Federal/State) requiring water
suppliers to implement/submit a Lead and
Copper Rule Service Line Inventory Assessment
of customer drinking water service lines.
Raw data inventory complete. Field work and subsequent
assessment due in October 2024. Public Works
38 Caltrans Bridge Inspection
Program Recommended Bridge
Repairs
Critical bridge infrastructure repairs
recommended by CALTRANS as a result of
annual inspection of the City's five bridges.
Bridge inspections identify repairs that will be performed both in house and integrated into the CIP Program. Public Works 39 Storm Drain Capture Devices Required by California Regional Water Quality Control Board. FY 2023-2024 project scheduled for completion in July 2024.
Public Works
Clean Water
Consultant
40 17th Street Lifeguard Facility
Improvements
Facility Improvements including overhaul of toilet
flushometers and wash closets, exterior lighting
upgrades, speaker system, electric vehicle
infrastructure/charging station
Work to begin March 2024 Public Works
Community Services
9 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan ATTACHMENT A
Reference
No. Item Name Description Status Department(s)
TIER 1: Essential Services (State Mandated/Legally or Contractually Required) 41 Powerhouse Building Repairs Replace outdated Fire Alarm Systems and Heating Vacuum Air Conditioning unit. Work scheduled after Labor Day 2024 Public Works Community Services 42 Amendment to City of San
Diego Wastewater
Transportation and Disposal
Agreements
Identify options to amend or terminate
Metropolitan Wastewater Commission
Treatment and City of San Diego Wastewater
Transportation Agreements for Council
consideration. The City currently transports
majority of its wastewater to the San Elijo Joint
Powers Authority water reclamation facility in
Encinitas via Solana Beach's system.
Amendment discussions with City of San Diego and Regional Wastewater Commission JPA underway.
Public Works
City Manager's Office
43 Jimmy Durante Boulevard Bluff
Repair Project
Design and Construct Improvements to
permanently protect bluff in City right of way
along Jimmy Durante Boulevard.
Geotechnical Stability Analysis scheduled for completion in March 2024. Subsequent phases will include structural
engineering and architectural rendering.
Public Works
Planning
10 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan
Reference
No. Item Name Description Status Department(s)
1 Accounting System
Selection Process
The City's current financial system will sunset
on March 1, 2027. To ensure timely selection
and implementation of new financial system, the
selection process began in mid-2023.
Began reviewing options and pricing of new system in 2023. Vendor selection and contract approval is planned for Council consideration in December 2024/early 2025 with migration and implementation scheduled to begin in Spring 2025.
Administrative
Services
2 Del Mar Municipal Code
(DMMC) Purchasing Policy
Chapter Update
Revision of the Del Mar purchasing policy
outlined in DMMC Chapter 7 to align with
regional and industry best practices.
Staff is in the process of researching regional purchasing practices and policies and drafting proposed revisions for City Council consideration in FY2024-25.
Administrative
Services
3 Civic Center Operations
Guide
Comprehensive update to the City’s facility use
policies, including proposed updates to the list
of eligible non-profits.
Staff brought an initial discussion item to Council on January 22, 2024.
Staff will continue working on the item in collaboration with the Council subcommittee (Worden/Gaasterland) with plans to return to the Council with recommended changes by the end of 2024.
Administrative
Services
4 Emergency Operations Plan
Update
Update the City's Emergency Operations Plan
to bring it in alignment with current emergency
planning standards. This work is important to
ensure the City is prepared for future
emergencies.
A preliminary draft of the revised plan has been prepared by staff with assistance from the Encinitas Fire Department, and additional review and refinements are needed to complete the EOP. The final plan needs to be approved by the California Office of Emergency Services (Cal OES) and the County of San Diego Office of Emergency Services before it is adopted by the City Council. Cal OES reviews jurisdictional EOPs to ensure the plans incorporate best practices and establish proper emergency procedures. Will be completed by spring 2025.
City Manager's
Office
Fire
Administration
5 E-bike Safety - Municipal
Code Amendments
Update to Title 14 of the Del Mar Municipal
Code that would allow the Sheriff's Department
to issue citations with an option to have
violations cleared by attending an approved ebike safety course, similar to the cities of Solana Beach and Encinitas.
If approved, staff would work with the City Attorney and Sheriff's Department to draft the ordinance and bring it to the City Council for adoption by Spring 2025.
City Manager's
Office
City Attorney
Sheriff
Department
6 Housing Acceleration
Program (HAP) Grant
Funding - Round II
Applied for additional HAP grant funding to be
used for implementation of the City's Housing
Element.
In-process. SANDAG approved funding in October 2023 including $1.5 million capital funds for Fairgrounds Housing project and $181,000 planning funds for Objective Design Standards and Supportive Housing. Funding may be affected by State budget. HAP grant funds must be expended by December 2025.
Planning
7 Solar Energy Partnership
(6th Cycle Housing Element
Program 6D)
Partner with Renewable Cities San Diego to
install solar on multi-unit, lower income housing
to meet renewable energy goals in Climate
Action Plan. Housing Element identifies
December 2024 as target deadline.
Not started. City Manager
Planning
TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 11 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan
Reference
No. Item Name Description Status Department(s)
TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 8 Tree, Scenic Views, and
Sunlight Ordinance (TSVS)
Update
The City Council has requested that the TSVS
Ordinance be reviewed and updated. Initial
step is to process RFP and select consultant.
Update will include community outreach/input,
CEQA evaluation and preparation of a revised
ordinance. Will require City Attorney
assistance.
Scheduled to start Summer 2024, following appointment of a City Council Subcommittee and development of Guiding Principles. Planning 9 Comprehensive Tree Policy
and Regulatory Standards
Update
Revise existing City tree policies for both
public and private trees, with an overall goal
of protecting and enhancing the City’s urban
forest tree canopy while managing the City’s
wildfire risk.
Anticipated to start first quarter of 2025 Planning
10 Complete Permitting for
Sand Compatibility
Opportunistic Use Program
(SCOUP)
SCOUP approval will allow the City to more
readily accept beach quality sand for beach
nourishment when available. Council adopted
the SCOUP MND and CDP in August 2020.
In-process. Resource agency approvals obtained from Regional Water Quality Control Board (2022), and Coastal Commission, State Lands Commission, and California Department of Fish and Wildlife approvals (2023). Approval from the United Stated States Army Corps of Engineers is pending and anticipated to be completed in early 2024.
Planning
11 Conceptual Design for Living
Levee Along San Dieguito
Riverbanks
Prepare a conceptual plan for a living levee
(vegetated berm that acts like a sponge) as an
adaptation measure to reduce flood risk
consistent with the adopted Sea Level Rise
Adaptation Plan (2018) and General Plan Safety
Element. Consultant contract in place covers
this item.
In-process. Federal funding obtained for conceptual design. Concept to be presented to City Council by June 2024. Planning
12 Review and Update the
Carmel Valley Precise Plan
(CVPP)
Comprehensive review and potential updates to
the CVPP, through the appropriate process
(entitlements, environmental review, public
participation, etc.), as may be recommended by
staff/City Attorney's office.
The City Attorney has initiated the review of the CVPP. Should the CVPP need to be updated, a completion date of Fall 2025 is anticipated.
Planning
City Attorney
13 Hoska Alley Development
Development (design, permitting, and
construction) of City right-of-way, including
paving and drainage improvements, in the dirt
alley west of Hoska Avenue between 8th Street
and 9th Street.
Phase I Developmental Alternatives completed. Phase II design and permitting underway with completion anticipated April 2024 and construction targeted fall 2024.
Public Works
12 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan
Reference
No. Item Name Description Status Department(s)
TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 14 San Dieguito Drive
Development
Engineering assessment and design of a private
section of San Dieguito Drive between
Racetrack View Drive and Oribia Road.
Phase 1 Preliminary Engineering Assessment completed. Phase 2 Road Improvement Design, Construction Documents anticipated for completion in spring 2024, Easement Acquisition, and Engineering Assessment District Services underway. Entitlement and
environmental determination in process.
Public Works
City Manager's
Office
Planning
15 29th Street Seawall and
Beach Access
Design and Permit northern half of Sea Wall
and Beach Access. Design and permitting is targeted to begin FY 2024-2025. Public Works 13 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan
Reference
No. Item Name Description Status Department(s)
1 Cost Allocation Plan
Update
The last update to the City's cost allocation plan was
completed internally in 2016, and needs to be updated (best practice is to complete every 5 years). This is a multi-year process that is expected to begin in July 2024 and involves issuing a Request for Proposal (RFP) to hire a consultant to assist with this effort.
Goal is to start the process by issuing a RFP for consulting services in July 2024, with the goal of completing an updated Cost Allocation Plan by end of 2024/early 2025.
Administrative Services
2 California Municipal
Treasurers Association
(CMTA) Investment
Policy Certification
Program
Pursue CMTA Investment Policy Certification. CMTA
program provides professional guidance and assistance in developing and/or improving investment policies that meet industry best practices for California's public sector
agencies.
Begin certification process in July/August 2024. Will solicit feedback from the City's Finance Committee.
Administrative Services
3 RFQ for City
Attorney/Legal Services
Complete a Request for Qualifications process for City
Attorney/Legal Services.
Staff has created a draft RFQ document that will be reviewed by the Council HR subcommittee. Implementation of the RFQ process and award of contract will be complete in FY24/25.
City Manager's Office
4 Update to DMVA and
City Bench Donation
Programs
Complete important updates to the bench donation
programs currently administered by the Del Mar Village
Association (DMVA) and City of Del Mar Public Works
Department. DMVA administers the Downtown Bench
Donation Program for all streetscape benchs and chairs in the Downtown area between 9th to 15th Streets. The City's Public Works Department administers the City bench
donation program in public spaces throughout the rest of the City.
Staff is currently working with the Del Mar Village Association (DMVA) to make needed updates to the existing Downtown Bench Donation Program. This will be Phase I of the Bench Program Update and is targeted for completion by the end of FY23/24 or early FY 24/25. Phase II of the program will be to utilize Phase I policies and documents as guidance to update the program administered by Public Works. Staff will engage the Parks and Recreation Committee to provide input and recommendations regarding the Phase II updates to be completed in FY 24/25.
City Manager's Office
Public Works
5 Del Mar Foundation
Proposal to Plant 40
Trees in Del Mar
The Del Mar Foundation has proposed to plant 40 trees
throughout Del Mar to commemorate their 40th Anniversary.
The Council referred the proposal to staff and the Parks and Recreation Committee for further vetting and a
recommendation.
The Foundation's proposal has been further refined to include private trees and replacing of previously removed City Trees in public spaces. The Foundation has paid to replace sixteen City trees to date and two more are currently scheduled for replacement. The Foundation is currently working with Parks & Recreation Committee and City staff on a proposal for the remaining trees at new locations.
The proposal will need to be approved by City Council after it is reviewed by Parks and Recreation Committee and Planning Department for environmental impacts.
Public Works
TIER 3: Non-Essential Work Plan Items That Could be Differed or Eliminated (Discretionary/Not Required) 14 April 1, 2024 Item 08
FY 2024-2025 City Council Work Plan
Reference
No. Item Name Description Status Department(s)
TIER 3: Non-Essential Work Plan Items That Could be Differed or Eliminated (Discretionary/Not Required) 6 Major Arterial Median
Improvements
Design of drought tolerant landscaping and irrigation
efficiency enhancements along major arterial median
segments, currently planned for four locations as Phase I of project.
This went to Parks and Recreation for recommendation in May 2023, at which time they recommended prioritization of CDM 15th Street to San Dieguito River Bridge; Jimmy Durante Blvd/Via De La Valle Triangle; Jimmy Durante Roundabout to CDM Merge; and CDM 4th to 9th Street. To date, staff have engaged in discussions with the City's engineering and landscape architect consultants regarding next steps. Work will continue on this project as time permits based on CIP project management staff capacity.
Public Works
7 Del Mar Civic Center
Outdoor Lighting
Project
Design, permit/approval (if needed) and installation of permanent outdoor lighting upgrades for the Civic Center Breezeway, north Town Hall eves, and the front plaza to support outdoor evening City activities and special events.
These areas currently have insufficient exterior lighting, which have created safety concerns for the public, facility users, and staff.
Staff will explore permanent outdoor lighting upgrades for evening activities/events that use the outdoor space around the Town Hall.
Initial steps include hiring a consultant to develop a lighting design that would provide sufficient exterior lighting while keeping with the architectural aesthetics of the Civic Center, and avoid negative impacts to neighbors. Once the design is approved by City Council, staff would secure the necessary permits/approvals (if needed) and identify necessary funding for Council approval.
City Manager's Office
Public Works
Planning
8 Citywide Plaque Policy
Development of a City plaque policy that is consistent with the City's branding guide for consideration by the City Council in FY 2024-25.
Staff will prepare a draft policy for City Council consideration by the end of FY 2024-25.
City Manager's Office
Planning
Public Works
9 Native American
Plaque
Development of a proposal for content and location for
placement of a sign honoring the Native American history in Del Mar by the Parks and Recreation Committee in FY 2024- 25 for City Council consideration.
The item has been placed on the Parks and Recreation Committee work plan for completion in FY 2024-25.
Public Works
City Manager's Office
10 Single Use Plastics
Ordinance
SAC will advise staff on the preparation of an ordinance to regulate the use of single-use plastic food service ware citywide and at City-sponsored events, with ordinances from neighboring jurisdictions of Solana Beach and Encinitas serving as references.
This item has been placed on the Sustainability Adviosry Committee work plan for FY2024-2025. City Manager's Office
15 April 1, 2024 Item 08
2024 Goals & Priorities Workshop
Council-Initiated Work Plan Items Discussion Summary
1) Trees Scenic Views and Sunlight (TSVS) Ordinance Update: This Councilinitiated item from the 2023 Goals Setting Workshop was added to the FY 2023- 24 and 2024-25 Work Plan and discussed again at the 2024 Workshop. City Council received an overview of the TSVS Work Plan on January 8, 2024. Staff will return with guiding principles and appointment of a Council Subcommittee in advance of the implementation of Phase 1, which is expected to begin around July 2024. Council consensus at the 2024 Workshop was to proceed as described above and directed at the January 8, 2024, City Council meeting. 2) Climate Action Plan Update: City Council consensus was to proceed with the Climate Action Plan (CAP) update in FY 2025-26.
3) Cannabis/CBD Retail Sales/Stores Ordinance: This 2023 Council-initiated item was discussed again at the 2024 Workshop. City Council consensus at the 2024 Workshop was to reconsider development of an ordinance allowing for Cannabis/CBD Retail Sales/Stores as part of the City Council goal setting process in FY 2025-26.
4) Identify and Pursue Grant Opportunities: City Council discussed the City’s current practices related to identifying and applying for grants. Council consensus was to consider this item operational and remove it from the Council-initiated items list.
5) Purple Pipe (Recycled Water) Expansion: Council consensus was to explore hiring a consultant to evaluate whether expanding purple pipe is feasible and practical as part of the goal setting process for FY 2025-26 or FY2026-27. 6) Shores Park Community Garden: City Council revisited Councilmember Worden’s 2023 proposal to explore the feasibility of a temporary Community Garden at the Shores Park property. City Council consensus was for Councilmembers Mayor Martinez and Councilmember Worden to return to City Council with a proposal for further consideration in FY 2025-26. 7) NCTD Parking Lot Improvements: City Council consensus was to reconsider pursuing improvements to the North County Transit District (NCTD) trailhead parking lot as part of the City Council goals setting process in FY 2025-26. Council previously approved a ten-year lease with NCTD for the parking operations at the trailhead parking lot in November 2023.
8) Shores Park Planning: Council consensus was for staff to return by the end of 2024 with information about the Master Planning efforts that have occurred to date to facilitate a Council discussion regarding potential next steps to reinitiate the project, including restarting the Shores Park Advisory Committee. At the March 18, 2024, City Council meeting there was discussion about potential Council actions to protect Shores Park from future housing development (e.g., zoning or 16 April 1, 2024 Item 08
specific plan) that should be further explored as part of the future redevelopment of Shores Park.
9) 2050 Vision for Del Mar: City Council consensus was for the Planning Subcommittee, Mayor Druker and Deputy Mayor Gaasterland, to work with staff to develop a proposed “roadmap” for the City Council to consider undertaking a 2050 Vision for Del Mar visioning process.
10) Complete Request for Qualifications (RFQ) for Attorney/Legal Services: At the 2023 Workshop, Council consensus was to initiate the Request for Qualification (RFQ) process for City Attorney services in 2024. Staff is in progress on this item and the RFQ is expected to be reviewed by the Council Human Resources subcommittee later this year. City Council consensus at the 2024 Workshop was to proceed as planned.
11) Median Improvements: Council consensus at the 2022 Goals Setting Workshop was to refer this item to the Parks and Recreation Committee as part of their FY 2023 Work Plan to prioritize the various median improvement projects and provide a recommendation to the City Council. The Parks and Recreation Committee reviewed the item and prioritized the following medians: Camino del Mar South of 28th Street; Camino del Mar between 4th and 9th Street; Jimmy Durante Blvd between Plaza and roundabout; Jimmy Durante Blvd at intersection of Via de La Valle. The item was included on the FY 2023-24 Work Plan as a Tier 3 Item which has been worked on as time permits based on staff capacity and will carry over to FY 2024-25 as a Tier 3 item. At the 2024 Workshop, City Council discussed this item and agreed with staff’s recommendation to continue to include median improvements as a Tier 3 item to be worked on as time permits in FY 2024-25. 12) Revisions to Oversized Vehicle Ordinance: Council consensus from the 2022 Goals Setting Workshop was to refer the item to the Traffic and Parking Advisory Committee (TPAC) to provide a recommendation to City Council on whether there is an issue with the City’s current regulations and, if there is an issue, to clarify the parameters of the issue. The item went to TPAC in August 2023, and TPAC’s recommendation was to not make any changes to the existing ordinance. Council consensus at the 2024 Workshop was to consider this work plan item complete. 13) Develop a “Reach” Energy Efficiency Code: Council consensus was for staff and the Sustainability Advisory Committee (SAC) to continue to monitor activities and litigation related to reach codes and to report back to City Council as needed. 14) Develop Work Plan to Improve Drainage in Hidden Gulch Next to Klish:
Council consensus was not to proceed with this work plan item at this time. 15) Devopment of a Plaque Policy for Del Mar: Council consensus was for staff to return to City Council in FY 2024-25 with a recommendation and plan for development and implementation of a City plaque policy. 17 April 1, 2024 Item 08
16) Plaque to honor Native American history in Del Mar: City Council consensus was in support of development of a plaque to honor Native American history in Del Mar, and for the Parks and Recreation Committee to take the lead on developing a recommendation for the content and location of a plaque during FY 2024-25 for City Council consideration.
17) Request to Authorize Additional Committee Meetings: At the 2024 Council Workshop, Council consensus was to revisit the advisory committee meeting frequency discussion as part of the committee work plan agenda item on March 18, 2024. Council consensus at the March 18, Council meeting was to continue with quarterly meetings for all advisory committees and for committees to utilize the special meeting options currently available under existing policies, including the options to holding a fifth administrative special meeting and/or hold special meetings as needed, with approval by the committee’s assigned Council liaisons. 18) Reactivate Upper Deck Expansion Project at the Powerhouse: Council consensus was for staff to reach out to the Friends of the Powerhouse to confirm their commitment to the project and to obtain an updated engineer’s construction cost estimate from staff and report back to the City Council at a future meeting for Council to consider adding this project to the City’s Work Plan for FY 2025-26 or 2026-27.
19) Consider Establishing a Del Mar Shuttle Service: Council consensus was not to proceed with pursing a Del Mar shuttle.
20) Consideration of a November 2024 City Ballot Initiative to Increase Council Stipends: Council consensus was for Mayor Druker and Deputy Mayor Gaasterland to work with staff and the City Attorney’s Office to bring forward a ballot measure proposal for Council consideration on April 15, 2024. 21) Turn the Design Review Guidelines into Design Review Ordinances: Council consensus was for staff to return by the end of 2024 with more information about what would be involved in this effort and a schedule on when the work could begin. 22) 11th and 13th St. Safety issue: This will be discussed as part of a planned City Council agenda item on April 1, 2024.
23) Prohibition of Rooftop Decks: The City currently has design guidelines that pertain to rooftop decks and the City is in process on Objective Design Standards for multi-family projects that includes prohibition of rooftop decks. 18 April 1, 2024 Item 08
24) Merging of Parks and Recreation, Lagoon, and Sustainability Committees Into an Environmental Committee: Council consensus was not to proceed with this proposed work plan item at this time.
25) Explore Getting a Breakdown of Materials Costs vs. Labor Costs on our Public Works Projects, especially Undergrounding: Council consensus was not to proceed with this proposed work plan item at this time. 19 April 1, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 1, 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) Adopt a Resolution (Attachment A) to amend the Del Mar Community Plan (General Plan) by General Plan Amendment (GPA24-001); and
2) 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).
DISCUSSION/ANALYSIS:
The proposed amendments to the Del Mar Community Plan, Zoning Code, and certified Local Coastal Program (LCP) are required to implement the City’s 6th Cycle Housing Element (2021-2029) commitments identified in Program 1C (Central Commercial) and Program 1H (Public Facilities). Timely action by the City Council by April 2024 is needed in order to maintain compliance with State law and avoid potential enforcement actions of the 6th Cycle Housing Element.
The amendments will 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 1 April 1, 2024 Item 09
City Council Agenda Report
CC/PF Housing-Related Amendments
April 1, 2024
zones. The intent of this State-mandated action is to facilitate production of affordable housing for lower income households. The density of 20 du/ac would allow multi-unit residential development in the CC and PF Zones for projects that include a lower income-housing component (units for very low-income and low-income households). The affordable units would be required to be built on-site without an alternative option to pay an in-lieu fee.
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 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. 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 On March 18, 2024, the City Council held a noticed public hearing. The City Council responded to public comments about Shores Park and provided direction to staff to revise the applicable PF land use designations in the proposed Resolution and Ordinance to make it clear that, consistent with the PF zoning designation, the Public Facilities land use designation will not allow residential use on the Shores Park site by including the Assessor Parcel Numbers in the land use description (APNs 300-200-01, 300-200-02, 300-200-22, 300-200-23) in the Community Plan and Local Coastal Program Land Use Plan. The City Attorney has confirmed the addition of the APNs in the Public Facilities Community Plan land use designation description provides certainty that residential uses are not allowed on the Shores Park property while also ensuring the City timely implements Housing Element Program 1H.
The public comments and meeting discussion focused more heavily on the CC Zone amendments and that allowing a base zone density of up to 20 dwelling units per acre will make certain properties eligible to apply for processing of a density bonus project per State Density Bonus Law (DBL), which may result in community impacts. Similar to prior review by the Planning Commission, the City Council expressed concern about future affordable housing projects potentially impacting scenic views.
Staff explained that DBL does not supersede or lessen the effect of the Coastal Act and that the proposed amendments to the CC Zone do not modify development standards, including maximum building height. The existing CC Zone development standard limits on height will be applicable to any future development proposal (maximum 26 feet above grade on both sides of Camino del Mar and 14 feet above the adjacent curb on the west side of Camino del 2 April 1, 2024 Item 09
City Council Agenda Report
CC/PF Housing-Related Amendments
April 1, 2024
Mar) 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. The City’s existing LCP Land Use Plan Policy IV-24 specifically requires preservation of views of the Pacific Ocean from Camino del Mar and uses the existing 14 foot height limit on the west side of Camino del Mar as a measure to protect public scenic views and identifies a goal to preserve existing views and view corridors from public vantage points to the maximum extent possible without preventing reasonable use of private property.
Additionally, proposed future development will require a Coastal Development Permit (CDP), which will consider the site-specific context and be reviewed for compliance with the certified LCP. There are seven required findings for approval (DMMC Section 30.75.140), which require conformance with the certified LCP including the policies and regulations that protect public scenic views through regulation of maximum structure height. Further, the certified LCP includes DMMC Section 30.75.260 (Special Regulations), which specifies that no CDP or exemption shall be issued or authorized for development that exceeds 26 feet in height or does not conform to the lot coverage development standards of the underlying zone. If applicable, a permit for a density bonus project may be denied if the City makes a finding that 1) the request for concessions or incentives would not result in identifiable and actual cost reductions to provide for affordable housing; 2) the request would have a specific adverse impact on public health, safety, the environment, or historic resources; or 3) the request would be contrary to federal or state law (i.e., Coastal Act).
The City Council recognized the timing constraints and voted to continue the item date certain to the meeting on April 1, 2024, and asked staff to incorporate changes to the General Plan Amendment Resolution and the Local Coastal Program Amendment Ordinance to address Shores Park. Additional background can be accessed in the following link to the City Council Agenda report for March 18, 2024:
https://www.delmar.ca.us/DocumentCenter/View/9230/Item-8---CC-PF-Zone-Amendments 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 the City’s Regional Housing Needs Allocation (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 among the specified actions to be taken 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 3 April 1, 2024 Item 09
City Council Agenda Report
CC/PF Housing-Related Amendments
April 1, 2024
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 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: Section Six of the Ordinance (Attachment B) identifies 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. 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. 4 April 1, 2024 Item 09
City Council Agenda Report
CC/PF Housing-Related Amendments
April 1, 2024
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 work plan item that is 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
5 April 1, 2024 Item 09
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 6 April 1, 2024 Item 09
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 7 April 1, 2024 Item 09
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, on March 18, 2024, the City Council held a duly noticed public hearing and voted to continue the item date certain to the City Council meeting on April 1, 2024, and provided direction to staff that the Resolution be revised to reflect that, consistent with the zoning designation, the Public Facilities land use designation will not allow residential use on the Shores Park site (APNs 300-200-01, 300-200-02, 300-200- 22, 300-200-23); and
WHEREAS, on March 19, 2024, a Notice of Continuation was posted on the City website and in the public notice display at City Hall; and WHEREAS, no additional public notice is required because the announcement continuing the item date certain to April 1, 2024, was stated for the record during the noticed public hearing on March 18, 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 8 April 1, 2024 Item 09
Resolution No. 2024-XX
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 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 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. 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 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
9 April 1, 2024 Item 09
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 1
st day of April, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
10 April 1, 2024 Item 09
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 11 April 1, 2024 Item 09
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
12 April 1, 2024 Item 09
Ordinance No. XXXX
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, 13 April 1, 2024 Item 09
Ordinance No. XXXX
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, on March 18, 2024, the City Council held a duly noticed public hearing and voted to continue the item date certain to the City Council meeting on April 1, 2024, and provided direction to staff that the Ordinance be revised to reflect that, consistent with the zoning designation, the Public Facilities land use designation in the certified Local Coastal Program will not allow residential use on the Shores Park site (APNs 300-200- 01, 300-200-02, 300-200-22, 300-200-23); and
WHEREAS, on March 19, 2024, a Notice of Continuation was posted on the City website and in the public notice display at City Hall; and WHEREAS, no additional public notice is required because the announcement continuing the item date certain to April 1, 2024, was stated for the record during the noticed public hearing on March 18, 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:
14 April 1, 2024 Item 09
Ordinance No. XXXX
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 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 15 April 1, 2024 Item 09
Ordinance No. XXXX
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 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 16 April 1, 2024 Item 09
Ordinance No. XXXX
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:
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. 17 April 1, 2024 Item 09
Ordinance No. XXXX
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
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. 18 April 1, 2024 Item 09
Ordinance No. XXXX
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 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 19 April 1, 2024 Item 09
Ordinance No. XXXX
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.
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. 20 April 1, 2024 Item 09
Ordinance No. XXXX
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.
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:
21 April 1, 2024 Item 09
Ordinance No. XXXX
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 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. 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 22 April 1, 2024 Item 09
Ordinance No. XXXX
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 April 1, 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.
23 April 1, 2024 Item 09
Ordinance No. XXXX
SECTION TEN:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION ELEVEN:
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 15th 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
24 April 1, 2024 Item 09
Ordinance No. XXXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of April, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
25 April 1, 2024 Item 09
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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. New text in bold reflects the revision incorporated per City Council direction March 18, 2024.
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 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. 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]
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2 B. LAND USE DEVELOPMENT GOALS AND POLICIES – GENERAL [No change] 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 27 April 1, 2024 Item 09
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3 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 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. 28 April 1, 2024 Item 09
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4 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. 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 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 29 April 1, 2024 Item 09
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5 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]
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. 30 April 1, 2024 Item 09
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6 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:
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 33 April 1, 2024 Item 09
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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
34 April 1, 2024 Item 09
3.13.2024
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. 35 April 1, 2024 Item 09
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.
36 April 1, 2024 Item 09
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. 37 April 1, 2024 Item 09
3.13.2024 ATTACHMENT E
3 38 April 1, 2024 Item 09
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
39 April 1, 2024 Item 09
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
40 April 1, 2024 Item 09
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.
41 April 1, 2024 Item 09
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
42 April 1, 2024 Item 09
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
43 April 1, 2024 Item 09
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. 44 April 1, 2024 Item 09
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) 45 April 1, 2024 Item 09
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
46 April 1, 2024 Item 09
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. 47 April 1, 2024 Item 09
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
48 April 1, 2024 Item 09
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
49 April 1, 2024 Item 09
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
50 April 1, 2024 Item 09
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
51 April 1, 2024 Item 09
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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.
52 April 1, 2024 Item 09
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. 53 April 1, 2024 Item 09
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
54 April 1, 2024 Item 09
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
55 April 1, 2024 Item 09
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
56 April 1, 2024 Item 09
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
57 April 1, 2024 Item 09
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.
58 April 1, 2024 Item 09
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
59 April 1, 2024 Item 09
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
60 April 1, 2024 Item 09
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
61 April 1, 2024 Item 09
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
62 April 1, 2024 Item 09
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
63 April 1, 2024 Item 09
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. 64 April 1, 2024 Item 09
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
65 April 1, 2024 Item 09
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.
66 April 1, 2024 Item 09
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
67 April 1, 2024 Item 09
3.13.2024 ATTACHMENT E
33 Vacant City-Owned Lot on 10th Street – Site Context
68 April 1, 2024 Item 09
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/
69 April 1, 2024 Item 09
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.
70 April 1, 2024 Item 09
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.
71 April 1, 2024 Item 09
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
72 April 1, 2024 Item 09
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
73 April 1, 2024 Item 09
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
74 April 1, 2024 Item 09
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
75 April 1, 2024 Item 09
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
76 April 1, 2024 Item 09
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
77 April 1, 2024 Item 09
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). 78 April 1, 2024 Item 09
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.
79 April 1, 2024 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 1, 2024
SUBJECT: Consideration of Encroachment Permit EP24-021 – Construction of a New Open Trellis in the Public Right-of-Way Over the Existing Sidewalk Café at 1555 Camino del Mar, Suite #102 of the Del Mar Plaza
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council adopt a Resolution (Attachment A) approving Encroachment Permit EP24-01 to construct a new trellis with associated lighting and heaters in the public right-of-way over the existing sidewalk café, adjacent to “The Cottage” restaurant located at 1555 Camino Del Mar, Suite 102, in the Del Mar Plaza.
BACKGROUND
In 2009 and 2011, the Del Mar Plaza received City Council approval for sidewalk café permits, SCP-09-07 and SCP-11-01, adjacent to Suite 102, which was formerly Rendezvous Restaurant (Rendezvous). The two sidewalk café permits authorized the owners of the Del Mar Plaza to establish a sidewalk café adjacent to Rendezvous in the public right-of-way, consisting of tables, chairs, awnings, a glass barrier, and gas powered heaters for use by the public. The existing sidewalk café at Suite 102 extends approximately five (5) feet into the public right-of-way and maintains adequate pedestrian access along the adjacent sidewalk.
In addition, owners/applicants of sidewalk café permits must pay an annual fee to remain valid. All required annual fees for these two sidewalk café permits have been paid to the City and the permits are active.
It should be noted that, separate from this EP request for a structural trellis in the public rightof-way, the applicant will be modifying the sidewalk café’s delineation barrier from tempered glass to a white picket fence design matching the trellis. This change is not part of this EP as, per the Sidewalk Café Ordinance (DMMC Chapter 23.30), a sidewalk café perimeter barrier and its design are subject to review by the Planning Director. The Planning Director has reviewed the applicant’s proposed design change for the barrier (Attachment B) and has found the design change to be consistent with the overall restaurant design and the regulatory parameters of the Sidewalk Café Ordinance.
1 April 1, 2024 Item 10
City Council Agenda Report
EP24-021 (1555 Camino del Mar)
April 1, 2024