Table of Contents
4-15-2024 Regular Meeting Agenda.pdf
Item 2 - Minutes.pdf
Item 3 - List of Demands.pdf
Item 5 - 20th Street Lifeguard Driveway Construction Award.pdf Item 6 - TPAC Work Plan Amendment.pdf
Item 7 - Second Reading CCPF.pdf
Item 8 - DRB Appointments.pdf
Item 9 - Density Bonus Ordinance.pdf
Item 10 - Approve 2024 TransNet LSI Resolution.pdf
Item 11 - San Dieguito Drive Project Prop 218 Resolutions.pdf Item 12- Resolution Censuring Council Member Quirk.pdf
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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 15, 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 15, 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. Presentation by Del Mar Village Association Executive Director Jen Grove of the Regarding Beach Saver Pilot Program
Recommended Action: Receive Presentation from Executive Director Jen Grove of the Del Mar Village Association Regarding Beach Saver Pilot Program Reference: Clerk’s File No. 1404-1
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: April 1, 2024 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
Del Mar City Council Regular Meeting April 15, 2024
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Ratification of List of Demands, dated April 15, 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. Award of Construction Contract to Prestige Paving Company, Inc. for the 20th Street Lifeguard Tower Driveway Project
Recommended Action: Staff recommends that the City Council: 1) Award a $93,750 construction contract to Prestige Paving Company, Inc. (Attachment A) for the 20th Street Lifeguard Tower Driveway Project; 2) Award a $14,875 Task Order to Dudek for Construction Management and Inspection Services (Attachment B); 3) Approve a 10% project contingency of $9,375; 4) Authorize the City Manager to execute the required documents and any contract changes necessary to complete the work; and 5) Amend the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact Section of this report.
Reference: Clerk’s File No. 103-6, 406-1
6. Amendment to the Traffic and Parking Advisory Committee Work Plan Recommended Action: Councilmembers Dan Quirk and Dwight Worden, as liaisons to the Traffic and Parking Advisory Committee (TPAC), recommend that the City Council approve the revised Fiscal Year (FY) 2024-25 TPAC Work Plan included as Attachment A.
Reference: Clerk’s File No. 401-5
7. Second Reading of an Ordinance to Amend the Zoning Code and Certified Local Coastal Program to Increase Density in the Central Commercial and Public Facilities Zones to Implement Housing Element Programs 1C and 1H
Recommended Action: It is recommended that the City Council adopt the Ordinance (Attachment A) 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 in the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendments (ZA24-001/ZA24-002) and Del Mar City Council Regular Meeting April 15, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us LCP Amendments (LCPA24-001/LCPA24-002) 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 (CC Zone) and Program 1H (PF Zone).
Reference: Clerk’s File No. 304-7, 401-4, 401-9
X. COMMISSION AND COMMITTEE INTERVIEWS
8. Design Review Board Interview and Appointment
Recommended Action: Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and appoint one resident to serve as a voting member on the Design Review Board for a full four-year term effective April 15, 2024, and expiring on April 30, 2028.
Reference: Clerk’s File No. 401-5
XI. PUBLIC HEARING
9. Introduction of Density Bonus Ordinance to Implement State Law and Housing Element Program 1G
Recommended Action: It is recommended that the City Council introduce an Ordinance (Attachment A) to repeal and replace the existing density bonus regulations in Del Mar Municipal Code (DMMC) Density Bonus Chapter 30.90 in compliance with the City’s certified 6th Cycle Housing Element (2021-2029) Program 1G and State Density Bonus Law (California Government Code Sections 65915, et seq.)
Reference: Clerk’s File No. 304-7, 401-4, 401-9
10. Resolution Approving the Del Mar Projects for Inclusion in the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-2025 through 2028-2029
Recommended Action: Staff recommends that City Council conduct a public hearing and adopt a Resolution (Attachment A) approving Del Mar projects for inclusion in the TransNet Local Street Improvement Program of Projects as part of the Regional Transportation Improvement Program for Fiscal Years 2024-2025 through 2028-2029.
Reference: Clerk’s File No. 1506-1, 901-5
Del Mar City Council Regular Meeting April 15, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. COUNCIL MEETING RECESS
XIII. CITY COUNCIL OTHER BUSINESS
11. San Dieguito Drive Improvements Project Update, Engineer’s Report Related to Project Benefits, and Proposition 218 Resolutions Recommended Action: Staff recommends that the City Council: 1) Receive an update on the San Dieguito Drive Improvements Project and presentation of the Engineer’s Report Related to Project Benefits; 2) Adopt a Resolution (Attachment A) Providing Intention to Levy Assessments for Fiscal Year 2024-25, Preliminarily Approving the Engineer’s Report, Providing for the Notice of Hearing, and the Mailing of Assessment Ballots for the San Dieguito Drive Improvement District; and 3) Adopt a Resolution (Attachment B) Adopting Procedures for the Proposition 218 Assessment Ballot Proceedings for the San Dieguito Drive Improvement District.
Reference: Clerk’s File No. 201-10, 401-7, 801-1
12. Council Consideration to Censure Council Member Daniel Quirk for Personal Violations of the Brown Act, City Council Policies, Del Mar Municipal Code, and Related Misconduct
Recommended Action: Mayor Dave Druker and Council Member Tracy Martinez recommend that the City Council consider adoption of a Resolution (Attachment A) censuring Council Member Daniel Quirk for violations of the Brown Act, City Council Policies, Del Mar City Municipal Code, and related misconduct.
Reference: Clerk’s File No. 101-2, 401-1
XIV. 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)
Del Mar City Council Regular Meeting April 15, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
XV. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Gaasterland) K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XVI. 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.
May 6, 2024
Second Reading/Adoption of Density Bonus Ordinance
Personnel Rules and Regulations Manual Update
Amendment to the Regional Wastewater Disposal Agreement Del Mar City Council Regular Meeting April 15, 2024
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Jimmy Durante Boulevard Bluff Repair Project, Structural Engineering and Landscape Architecture Task Order Authorizations
Agreement for State and Federal Legislative Advocacy Services (Tentative) St. Peters License Agreement (Tentative)
First Reading of Water and Wastewater Rate Ordinances (new rate period begins July 1, 2024) Camino del Mar Bridge Project Update
City Councilmember Compensation Ballot Measure
UUD 1A Stratford Ct. South Construction Contract Award (Tentative) XVII. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 11th day of April, 2024 at approximately 5:00 p.m.
___________________________________________ 4/11/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
APRIL 1, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Druker called the meeting to order at 2:00 P.M.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Personnel Matter; and 2) Central Commercial and Public Facilities Rezone
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Councilmember Quirk was recused from item A1.
Councilmember Druker was recused from item A2 due to living within 500 feet of the subject matter of that discussion.
B) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Regional Housing Needs Assessment (RHNA) Allocation Authority: Government Code Section 54956.9(d)(4)
Reportable Action: This item was deferred to April 15, 2024 due to the availability of special counsel.
C) Conference with Legal Counsel- Existing Litigation
Lazier v. City of Del Mar
San Diego Superior Court Case No. 37-2024-00009804-CU-WM-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
ADJOURNMENT
Mayor Druker adjourned the meeting at 4:13 P.M.
__________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
1 April 15, 2024 Item 02
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 1, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no reportable actions for the April 1, 2024, City Council Closed Session meeting. She reported that for Item A(1) Councilmember Quirk was recused and that Mayor Druker was recused from Item A(2) due to living within 500 feet of the subject matter of that discussion. She reported Item B was not discussed and was deferred to the April 15, 2024, closed session meeting due to availability of special counsel.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and the following people spoke:
1) Camilla Rang spoke about the Del Mar Bluff 5 Project construction. 2) Greg Rothnem spoke about the City’s Regional Housing Needs Assessment (RHNA) allocation.
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk commented on the Federal Bureau of Investigation (FBI) investigation of the San Diego Association of Governments (SANDAG) and City of San Clemente City Council’s consideration of a resolution related to sand replenishment at their April 2, 2024, meeting. Councilmember Worden reported on the recent passing of former Del Mar Mayor Al Tarkington and one year anniversary of the Monarch Garden at the Civic Center Plaza. Deputy Mayor Gaasterland provided comments on the construction notice received by residents related to the SANDAG Del Mar Bluff 5 project.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful Del Mar Recycles event held on March 16, 2024.
City Manager Jones also responded to City Council questions and public comment related to the SANDAG Del Mar Bluff 5 project construction schedule and public notice. 2 April 15, 2024 Item 02
City Council Regular Minutes
April 1, 2024
PRESENTATIONS
ITEM 1: MAYOR’S STATE OF THE CITY ADDRESS (CLERK’S FILE NO. 101-2) A State of the City address was provided by Mayor Druker.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6, 8 AND 10 WITH THE AMENDMENT NOTED AT THE MEETING FOR ITEM 2 (MINUTES), WITH MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND RECUSED ON ITEM 6, AND COUNCILMEMBER QUIRK VOTING NO ON ITEM 5. (VOTE 5-0, WITH MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND RECUSED FOR ITEM 6 AND COUNCILMEMBER QUIRK VOTING NO ON ITEM 5.) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: Councilmember Quirk voted No on Item 5 only; Recuse: Mayor Druker and Deputy Mayor Gaasterland on item 6 only; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MARCH 11, 2024 SPECIAL MEETING – GOALS AND PRIORITIES SETTING WORKSHOP, MARCH 18, 2024 REGULAR MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes with the correction noted at the meeting, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 1, 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: APPROVAL OF TASK ORDER AMENDMENT WITH MICHAEL BAKER
INTERNATIONAL RELATED TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WORK ON THE SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1)
Council comments focused on the process and next steps for the project. Council approved 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 authorized the City Manager to execute the Task Order Amendment, on consent. 3 April 15, 2024 Item 02
City Council Regular Minutes
April 1, 2024
ITEM 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) (CLERK’S FILE NO. 1001-2, 1306-1)
Mayor Druker and Deputy Mayor Gaasterland were recused from Item 6 due to living within 1,000 feet of the subject matter of the discussion. Council approved Resolution 2024-10 “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”, and authorized the City Manager or their designee to record the Grant Deed of Easements, on consent.
ITEM 7: APPROVAL OF TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR UTILITY UNDERGROUNDING DISTRICT X1A – CREST CANYON PRE-CONSTRUCTION SERVICES (CLERK’S FILE NO. 406-1, 1001-2) The item was pulled from the Consent Calendar for City Council questions. Council questions focused on the project budget, fiscal impact section of the agenda report, and design costs. Council approved a $104,852 Task Order Amendment with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD X1A; and authorized the City Manager to execute the Task Order Amendment.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY
COUNCILMEMBER MARTINEZ TO APPROVE A $104,852 TASK ORDER AMENDMENT (ATTACHMENT A) WITH UTILITY SPECIALISTS SOUTHWEST, INC.
FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR UUD X1A; AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 8: RECAP OF THE 2024 CITY COUNCIL GOALS AND PRIORITIES SETTING WORKSHOP AND COUNCIL APPROVED FY 2024-25 CITY WORK PLAN (CLERK’S FILE NO. 401-1)
Council received the written report, including the approved Fiscal Year (FY) 2024-25 City Work Plan reflecting Council feedback from the 2024 City Council Goals and Priorities Setting Workshop, on consent.
PUBLIC HEARING
ITEM 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 (CLERK’S FILE NO. 304-7, 401-4, 401-9) 4 April 15, 2024 Item 02
City Council Regular Minutes
April 1, 2024
Mayor Druker was recused due to living within 500 feet of the subject matter of the discussion. Deputy Mayor Gaasterland led the discussion for the item. An introduction to the item was provided by City Manager Jones. A brief presentation was provided by Principal Planner Amanda Lee. Assistant City Attorney Ralph Hicks was available to answer questions.
Council questions focused on the changes made to the resolution and ordinance related to Shores Park (language read into the record at the March 18, 2024 meeting); amendment read into the record by Principal Planner Amanda Lee to correct a government code reference in the ordinance; protection of public views; height limits; and State density bonus law.
There were no public speakers for the item.
Council discussion focused on pending State legislation; clarification on whether the State density bonus law could be used to override the height limits included in the proposed ordinance; clarification that the ordinance language does not create any issues with The Winston School continuing to operate at the Shores Park site; clarification on the timing for this action related to implementation of the City’s density bonus ordinance and Objective Design Standards; appreciation to staff for their work on this program; risks, penalties, and uncertainty associated with decertification of the City’s housing element; and recent decertification of the City of Portola Valley’s housing element as an example of State enforcement for non-compliance.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-12, “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 6TH CYCLE HOUSING ELEMENT THAT IS A PART OF THE DEL MAR COMMUNITY PLAN”, AND INTRODUCED 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). (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.
ITEM 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 (CLERK’S FILE NO. 802-1)
There were no public speakers for this item. Mayor Druker opened and closed the public hearing and the item was moved to the consent calendar for approval of adoption of Resolution 2024-11, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP24-021 FOR THE CONSTRUCTION OF A NEW OPEN TRELLIS IN THE PUBLIC RIGHT-OF-WAY OVER THE EXISTING SIDEWALK CAFE, ADJACENT TO 1555 CAMINO DEL MAR (APN: 300-030-86), SUITE 102, IN DEL MAR, CALIFORNIA”. 5 April 15, 2024 Item 02
City Council Regular Minutes
April 1, 2024
CITY COUNCIL OTHER BUSINESS
ITEM 11: OVERVIEW OF DOWNTOWN PEDESTRIAN SAFETY MEASURES AND CONCERNS RELATED TO PEDESTRIAN SAFETY AT 11TH AND 13TH STREETS (CLERK’S FILE NO. 901-2, 901-6, 1101-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Joe Bride and the City’s contract Traffic Engineer Ryan Zellers from Michael Baker International, Inc. San Diego County Sheriff Captain Chris Lawrence was available to answer questions.
Council questions focused on a request for the Sheriff to provide citation data to the City on a monthly basis; time period for the citation data presented by Captain Lawrence; clarification on the data included in the agenda report; efficacy of flashing stop signs; results of traffic study versus citation data obtained outside of a study; cost of installing flashing stop signs; whether it is difficult to remove flashing stop signs once installed; whether red light cameras could be used at a four way stop sign; whether the Sheriff’s ghost car method is effective; mechanism used by Sheriff for tracking vehicle speed; whether push button flashers are allowed at four way stops; and whether the owner of Zel’s spoke in opposition of the flashing sign when the item was discussed at the Traffic and Parking Advisory Committee (TPAC) September 2023 meeting.
Mayor Druker opened the item to public comment and the following people spoke:
1) Suren G. Dutia with a donation of time from Julie Maxey-Allison 2) John Imperato, TPAC Chair
3) Greg Rothnem
4) Greg Glassman
Mayor Druker closed the item to public comment.
Council discussion focused on Council’s request for monthly citation data; availability of automated stop sign enforcement technology and desire to place researching that on TPAC’s work plan; whether a roundabout at 13th Street could be considered in the future; data presented by the City’s contract Traffic Engineer; desire for increased traffic enforcement by the Sheriff; desire to change behavior of drivers; consideration to place flashing stop signs in the medians at 11th Street and 13th Street; adding research about potential use of pedestrian flags as a safety enhancement option to the TPAC work plan; history of traffic enforcement and traffic calming measures on Camino del Mar; efficacy and durability of flashers in the pavement; whether the flashing stop signs are programmable; and whether a “No U-Turn” sign should also be considered at 11th Street.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO PUT FLASHING STOP SIGNS NORTH AND SOUTH BOUND AT 11TH AND 13TH
STREET IN THE MEDIANS (FOUR TOTAL) AND IT WOULD BE NICE IF THEY ARE PROGRAMMABLE. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY COUNCILMEMBER WORDEN
TO REQUEST MONTHLY DATA FROM THE SHERIFF ON ALL MANNER OF CITATIONS ISSUED
BY THE SHERIFF DEPARTMENT TO STAFF AND PROVIDED TO THE TRAFFIC AND PARKING ADVISORY COMMITTEE MOVING FORWARD AND GOING BACK TO JULY 2023, IF POSSIBLE. (VOTE 5-0)
6 April 15, 2024 Item 02
City Council Regular Minutes
April 1, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO REQUEST TPAC TO EVALUATE A NO U-TURN SIGN AT 11TH STREET. VOTE:
WITHDRAWN AND ADDED TO TPAC WORKPLAN
Council consensus was for Councilmembers Quirk and Worden, Council liaisons to TPAC, to return to the City Council with a revised TPAC work plan adding three items: 1) assess the feasibility/need for a potential “No U-Turn” sign southbound at 11th Street; 2) investigate automated stop sign enforcement technology; and 3) determine the feasibility of deploying pedestrian crossings flags as an additional pedestrian safety measure.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Del Mar Village Association (DMVA); 22nd District Agricultural Association Community Relations Committee; League of California Cities; League of California Cities Coastal Cities Group; Clean Energy Alliance; North County Transit District; Regional Solid Waste Association; Sustainability Advisory Committee; SANDAG Board; Railroad Subcommittee; SANDAG Audit Committee; and SANDAG Planning Committee.
ADJOURNMENT
Mayor Druker adjourned the meeting in memory of Al Tarkington at 7:24 p.m. _____________________________________________
Sarah Krietor, Administrative Services Manager/City Clerk 7 April 15, 2024 Item 02
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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
Diana Martinez, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: April 15, 2024
SUBJECT: Award of Construction Contract to Prestige Paving Company, Inc. for the 20th Street Lifeguard Tower Driveway Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a $93,750 construction contract to Prestige Paving Company, Inc. (Attachment A) for the 20th Street Lifeguard Tower Driveway Project; 2) Award a $14,875 Task Order to Dudek for Construction Management and Inspection Services (Attachment B); 3) Approve a 10% project contingency of $9,375; 4) Authorize the City Manager to execute the required documents and any contract changes necessary to complete the work; and 5) Amend the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact Section of this report.
DISCUSSION/ANALYSIS:
The 20th Street lifeguard tower is a City facility accessible off Ocean Front from an existing concrete driveway on the southern half of the 20th Street public beach access. The northern half of the 20th Street public beach access was recently vacated by the adjacent property owner of 2004 Ocean Front, and remains stabilized with crushed gravel. The vacation was a development condition wherein the owner of 2004 Ocean Front was required to transfer fee title ownership of a small portion of their property, which was already encumbered by a City street easement, to the City of Del Mar. The City is now planning to develop the northern half of the 20th Street public right-of-way as an extension of the existing 20th Street lifeguard tower driveway, which will provide more usable area for the City and improved beach access for the public. The improvements include a driveway extension, removable bollards, landscape strip, and improved public beach access.
In accordance with the City’s Municipal Code and Public Contract Code, a notice inviting sealed bids was published on March 1, 2024. This was posted to the City’s website, the contractor’s notification web platform Bidnet.com, and published in the newspaper.
Following the bid solicitation process, five (5) bids were received and opened on April 1, 2024. The verified bid amounts are listed below:
1 April 15, 2024 Item 05
City Council Agenda Report
Award of Construction Contract – 20th Street Lifeguard Tower Driveway Project April 15, 2024
Bidder Bid Amount
Portillo Concrete Inc. $132,050
Fordyce Construction, Inc. $101,604
A.B. Hashimi, Inc. $98,650
Ciro’s Landscaping, Inc. $97,805
Prestige Paving Company, Inc. $93,750
For Reference: Engineer’s Estimate $85,514
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder based on their proposed base bid. Staff evaluated Prestige Paving Company’s bid of $93,750 (Attachment C) and determined they are the lowest responsive and responsible bidder.
The City has an agreement in place with Dudek for as-needed general engineering services. Staff recommends issuing Dudek a $14,875 Task Order (Attachment B) to provide construction management and inspection services for this project. Dudek will only bill hours as needed for these services.
The total estimated project expenditures through project completion are $118,000 as listed in Table A below. This amount includes the construction contract with Prestige Paving Company, Inc., construction management and inspection services provided by Dudek, and a 10% project contingency for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction.
Table A: Project Expenditures
Pending City Council approval, the project will begin in May 2024 after the contract is executed and a Notice to Proceed is issued. The project is estimated to be complete by the end of June 2024.
FISCAL IMPACT:
The total fiscal impact of the recommended action as described in this report is $118,000.
There is $55,000 available in the approved Project budget, leaving an unfunded amount of $63,000. Council approval of the recommended action will result in an amendment to the Fiscal Year (FY) 2023-2024 Operating and Capital Budget to allocate $63,000 from the General Fund as shown below:
AMOUNT
Construction (Prestige Paving Company) $93,750
Construction Management (Dudek) $14,875
Project Contingency (10%) $9,375
Total Project Cost $118,000
2 April 15, 2024 Item 05
City Council Agenda Report
Award of Construction Contract – 20th Street Lifeguard Tower Driveway Project April 15, 2024
PRIOR CITY COUNCIL REVIEW:
On October 2, 2023, the City Council approved the Conceptual Design for the 20th Street Lifeguard Tower Driveway Project.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines in accordance with Section 15304 (minor public or private alterations in the condition of land, in that the existing condition is crushed gravel and the proposed project consists of minor grading and construction of a concrete driveway with related minor landscaping), and, in the alternative, that it is Categorically Exempt from CEQA per Guidelines section 15303 (new construction of small structures, as this project also proposes additional new removable bollards at the driveway entrance to preserve public safety access to the lifeguard tower), and, further, determines that none of the exceptions in CEQA Guidelines section 15300.2 apply here because the proposed action does not include a sensitive mapped area, a scenic highway, a hazardous waste site, or a historic resource.
NEXUS TO CITY COUNCIL GOALS & PRIORITIES:
This item is listed as a Tier 2 City Council priority for FY 2023-2024 and FY 2024-2025.
ATTACHMENTS:
Attachment A – Contract with Prestige Paving Company, Inc. for 20th Street Lifeguard Tower Driveway Project
Attachment B – Task Order with Dudek for Construction Management Services Exhibit A to Attachment B – Dudek proposal
Attachment C – Prestige Paving Company’s Bid
PROJECT FUND ACCOUNT AMOUNT
20th Street Lifeguard Tower Driveway General Fund 21.7000.7051 $63,000 3 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-1
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Prestige Paving Company, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime 4 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-2
work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations.
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted 5 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-3
securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT in a time period not to exceed SIXTY (60) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
6 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-4
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not 7 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-5
otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after 8 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-6
the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly 9 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-7
or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the 10 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-8
Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Prestige Paving Company, Inc.
Attn: City Clerk Attn: Anthony Trujillo
1050 Camino del Mar 14656 Industry Circle
Del Mar, CA 92014 La Mirada, CA 90638
[email protected] [email protected] 11 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-9
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Performance Bond
7. Payment Bond
8. Modifications to the Standard Specifications: General Provisions, Construction Materials, Construction Methods, Existing Improvements, Temporary Traffic Control, Landscape and Irrigation, and Special Provisions
9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
10. Addenda and approved Change Orders
12 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-10
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond
18. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
13 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-11
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
24. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
14 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-12
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, Prestige Paving Company, Inc.
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Anthony Trujillo, R. M.O.
Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
15 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-13
ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to 20th Street Lifeaguard Tower Driveway Project Specifications and Drawings for the description of the scope of work to be performed. 16 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-14
ATTACHMENT B – BID SCHEDULE
Payment will be based on actual quantities furnished, installed, or constructed in accordance with the Base Bid Schedule of Values. Description of Bid Items included in Modifications to the Standard Specifications “Greenbook” Part 1 – General Provisions, Item 7-6 – Bid Items.
Bid
Item Description Of Work Qty. Unit Unit Price Item Total
GENERAL
1 Mobilization, Demobilization and cleanup 1 LS $5,250 $5,250 2 Implementation of Storm Water Pollution
Prevention and Erosion Control 1 LS $5,000 $5,000
3 Traffic Control Plan, Traffic Control implementation
and Construction Staging 1 LS $1,000 $1,000
4 Clearing & Grubbing (includes demo) 1 LS $6,000 $6,000
EARTHWORK
5 Subgrade preparation, cut and removal 1 LS $4,500 $4,500
GENERAL SURFACE IMPROVEMENTS
6 Wooden dismountable bollards 8 EA $750 $6,000
7 7.5” PCC driveway 1,580 SF $30 $47,400
8 4” PCC sidewalk 170 SF $30 $5,100
IRRIGATION IMPROVEMENTS
9 Irrigation system per Landscape plan set 1 LS $4,500 $4,500
LANDSCAPE IMPROVEMENTS
10 Landscape planting per Landscape plan set 1 LS $4,500 $4,500 11 90-Day landscape maintenance period
(Note: this maintenance period is not a part
nor included in the Working Days)
1 LS
$4,500 $4,500
TOTAL: $93,750.00
Total Base Bid (Items 1 through 11) of Project, in Numbers: $93,750 Total Base Bid (Items 1 through 1) of Project, in Words: Ninety three thousand seven hundred fifty Dollars and Zero Cents.
17 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-15
ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
18 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-16
BOND NO._____________________
ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the 15th day of April, 2024, awarded to Prestige Paving Company, Inc. (“Principal”) a contract for the work described as 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, We, the Principal and _______________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
19 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-17
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses. 20 April 15, 2024 Item 05
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney. 21 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-19
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this 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 this 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)
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. 22 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-20
BOND NO._____________________
ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on 15th day of April, 2024 awarded to Prestige Paving Company, Inc. (hereinafter designated as the Principal) a contract for the work described as follows:
20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.
NOW THEREFORE, We, the Principal and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the above-referenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement 23 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-21
hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.
This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
24 April 15, 2024 Item 05
ATTACHMENT A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PRESTIGE PAVING COMPANY, INC.
FOR 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT
Page C-22
(Title)
(Attach required acknowledgements)
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this 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 this 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)
_____
Signature of Attorney-In-Fact
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. 25 April 15, 2024 Item 05
ATTACHMENT B
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us April 15, 2024
Dudek SENT VIA EMAIL
Attn: Jason Linsdau/Joseph Monaco
605 3rd Street
Encinitas, CA 92024
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR CONSTRUCTION MANAGEMENT SERVICES FOR 20th STREET LIFEGUARD TOWER DRIVEWAY PROJECT This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Dudek (Consultant), the term for which is November 18, 2019, to November 19, 2024.
Consultant shall execute tasks related to the 20th Street Lifeguard Tower Driveway Project, as described in the Consultant’s proposal dated March 29, 2024, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $14,875. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by June 30, 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:
_____________________________________ _______________________________________ Ashley Jones Date Joseph Monaco Date
City Manager President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Diana Martinez, Associate Management Analyst
Exhibit A: Dudek – Proposal for Construction Management and Inspection Services 26 April 15, 2024 Item 05
Task Description LABOR HOURS LABOR HOURS LABOR SUBTOTAL DIRECT COSTS TOTAL BUDGET Team Member
Dudek
Construction Manager
Dudek
Construction Engineer
Billable Rate $180.00 $155.00
1.0 Preconstruction Services
1.1 Preconstruction Meeting 2 1 $ 515 $ - $ 515
Task 1 Subtotal: 2 1 $ 515 $ - $ 515
2.0 Construction Services (60 Calendar Days)
2.1 Project Management 12 0 $ 2,160 $ - $ 2,160
2.2 Daily Inspection 0 48 $ 7,440 $ - $ 7,440
2.3 Progress Meetings 4 0 $ 720 $ - $ 720
2.4 RFI Processing 1 0 $ 180 $ - $ 180
2.5 Submittal Processing 8 0 $ 1,440 $ - $ 1,440
2.6 Progress Payments 2 0 $ 360 $ - $ 360
2.7 Change Orders 4 0 $ 720 $ - $ 720
Task 2 Subtotal: 31 48 $ 13,020 $ - $13,020
3.0 Project Completion and Closeout
3.1 Punch list and Record Drawings 0 4 $ 620 $ - $ 620
3.2 Prepare Final Change Order and Payment 2 0 $ 360 $ - $ 360
3.3 Prepare Closeout Documents and Turnover Project Files on Thumb Drive 2 0 $ 360 $ - $ 360
Task 3 Subtotal: 4 4 $ 1,340 $ - $ 1,340
$ 14,875
Hours Total 37 53
Hours per week Avg. 9 13
City of Del Mar
Our proposed fee is based on a 2 month total project duration for services based with 1 month of construction. Dudek will bill only actual hours worked per day on a time and material basis.
NOT-TO-EXCEED GRAND TOTAL:
DUDEK - FEE ESTIMATE
3/29/2024
Construction Management and Inspection Services for 20th Street Lifeguard Tower Driveway Project 27 April 15, 2024 Item 05
ATTACHMENT C 28 April 15, 2024 Item 05
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ATTACHMENT C 52 April 15, 2024 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dan Quirk and Dwight Worden, Council Liaisons to the Traffic and Parking Advisory Committee
Prepared by Kseniia Izgarskaia, Senior Management Analyst DATE: April 15, 2024
SUBJECT: Amendment to the Traffic and Parking Advisory Committee Work Plan REQUESTED ACTION/RECOMMENDATION:
Councilmembers Dan Quirk and Dwight Worden, as liaisons to the Traffic and Parking Advisory Committee (TPAC), recommend that the City Council approve the revised Fiscal Year (FY) 2024-25 TPAC Work Plan included as Attachment A.
DISCUSSION/ANALYSIS:
On March 18, 2024, the City Council reviewed and approved work plans for all advisory committees for the upcoming FY 2024-25.
On April 1, 2024, the City Council received a presentation from staff summarizing existing downtown pedestrian safety measures and concerns at 11th and 13th Streets. Council discussed options for additional traffic calming measures and approved placing flashing stop signs in the medians at 11th and 13th Streets as recommended by the City’s Traffic Engineer.
Council also requested that the following additional items be referred to TPAC for further review/recommendation and added to their FY 2024-25 work plan: assess the feasibility/need for a potential “No U-Turn” sign southbound at 11th Street; investigate automated stop sign enforcement technology; and determine the feasibility of deploying pedestrian crossings flags as an additional pedestrian safety measure. In accordance with City policy, amendments to advisory committee work plans must be approved by the City Council. Proposed redline changes to the FY 2024-25 TPAC work plan are shown in redline in Attachment B.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ATTACHMENTS:
Attachment A – Amended FY 2024-25 TPAC Work Plan
Attachment B – Redlined Amended FY 2024-25 TPAC Work Plan 1 April 15, 2024 Item 06
TRAFFIC AND PARKING ADVISORY COMMITTEE
FY 2024-2025 COUNCIL APPROVED WORK PLAN
The Traffic and Parking Advisory Committee, in coordination with staff and Council liaisons, prepared the following proposed FY 2024-2025 Work Plan, which was approved by the Committee at the January 16, 2024, meeting. The work plan was approved by the City Council on March 18, 2024.
Item #1: Speed Survey & Traffic Studies
o Description: Speed Survey and traffic studies of major arterial segments as selected by TPAC.
o Subcommittee: N/A
o Resources Requested: Approximately $18k plus 60 staff hours. o Additional Information: N/A
o Priority: Medium
Item #2: Review and Advise City Council on Coastal Development Permit Citywide Paid Parking Facilities and New Low Income Beach Parking Pass Program Monitoring o Description: Required by the City’s California Coastal Commission Coastal Development Permit; condition of approval. Program evaluation. o Subcommittee: N/A
o Resources Requested: Monitoring is ongoing; 10 staff hours for TPAC. o Additional Information: N/A
o Priority: High
Item #3: Investigate “No U-Turn” at Southbound Camino del Mar and 11th Street o Description: Evaluate the necessity and effectiveness of placing a “No U-Turn” sign southbound on Camino del Mar and 11th Street and report back to City Council with a recommendation.
o Subcommittee: N/A
o Resources Requested: 8 hours of staff time and $1,000 in consulting fees o Additional Information: N/A
o Priority: High
Item #4: Investigate Automated Stop Sign Enforcement Technology o Description: Research available technology and solutions for automated stop sign enforcement (e.g., Redflex red light camera enforcement technology on traffic signals) and provide a report and recommendation to City Council on the committee’s findings.
o Subcommittee: Yes
o Resources Requested: 8 hours of staff time and $200 in consulting fees o Additional Information: N/A
o Priority: High
2 April 15, 2024 Item 06
Revised FY2024-2025 TPAC Work Plan
Item #5: Investigate Use of Pedestrian Crossing Flags
o Description: Research the use of pedestrian crossing flags as a mechanism to increase pedestrian safety; seek feedback from communities who have implemented these programs, including successes, durability, best practices, and maintenance; and provide a report and recommendation to City Council. o Subcommittee: Yes
o Resources Requested: 8 hours of staff time and $200 in consulting fees o Additional Information: N/A
o Priority: High
3 April 15, 2024 Item 06
TRAFFIC AND PARKING ADVISORY COMMITTEE
FY 2024-2025 COUNCIL APPROVED WORK PLAN
The Traffic and Parking Advisory Committee, in coordination with staff and Council liaisons, prepared the following proposed FY 2024-2025 Work Plan, which was approved by the Committee at the January 16, 2024, meeting. The work plan was approved by the City Council on March 18, 2024.
Item #1: Speed Survey & Traffic Studies
o Description: Speed Survey and traffic studies of major arterial segments as selected by TPAC.
o Subcommittee: N/A
o Resources Requested: Approximately $18k plus 60 staff hours. o Additional Information: N/A
o Priority: Medium
Item #2: Review and Advise City Council on Coastal Development Permit Citywide Paid Parking Facilities and New Low Income Beach Parking Pass Program Monitoring o Description: Required by the City’s California Coastal Commission Coastal Development Permit; condition of approval. Program evaluation. o Subcommittee: N/A
o Resources Requested: Monitoring is ongoing; 10 staff hours for TPAC. o Additional Information: N/A
o Priority: High
Item #3: Investigate No U-Turn at Southbound Camino del Mar and 11th Street o Description: Evaluate the necessity and effectiveness of placing a “No U-Turn” sign southbound on Camino del Mar and 11th Street and report back to City Council with a recommendation.
o Subcommittee: N/A
o Resources Requested: 8 hours of staff time and $1,000 in consulting fees o Additional Information: N/A
o Priority: High
Item #4: Investigate Automated Stop Sign Enforcement Technology o Description: Research available technology and solutions for automated stop sign enforcement (e.g., Redflex red light camera enforcement technology on traffic signals), and) and provide a report and recommendation to City Council on the committee’s findings.
o Subcommittee: Yes
o Resources Requested: 8 hours of staff time and $200 in consulting fees o Additional Information: N/A
Priority: High
4 April 15, 2024 Item 06
Revised FY2024-2025 TPAC Work Plan
o
Item #5: Investigate Use of Pedestrian Crossing Flags
o Description: Research the use of pedestrian crossing flags as a mechanism to increase pedestrian safety; seek feedback from communities who have implemented these programs, including including successessuccess of use, durability, best practices, and maintenance and benefits; and provide a report and recommendation to City Council.
o Subcommittee: Yes
o Resources Requested: 8 hours of staff time and $200 in consulting fees o Additional Information: N/A
o Priority: High
5 April 15, 2024 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 15, 2024
SUBJECT: Second Reading of an Ordinance to Amend the Zoning Code and Certified Local Coastal Program to Increase Density in the Central Commercial and Public Facilities Zones to Implement Housing Element Programs 1C and 1H REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council adopt the Ordinance (Attachment A) 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 in 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) 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 (CC Zone) and Program 1H (PF Zone).
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). The amendments will allow 20 dwelling units per acre (du/ac) density in the CC Zone and PF Zone subject to specific criteria and context specific factors that are applicable to the respective 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.
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). 1 April 15, 2024 Item 07
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CC/PF Housing-Related Amendments
April 15, 2024
The State DBL does not supersede or lessen the effect of the Coastal Act. The proposed amendments do not modify development standards, including maximum building height. This includes the existing CC Zone development standard of a maximum height limit of 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 Mar, which will apply to future development in compliance 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.
Proposed future development will require a Coastal Development Permit (CDP), which will consider the site-specific context and 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).
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 intent was to account 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 commit to continue to hold development, including Density Bonus projects, to the existing height limits in the certified LCP.
On March 18, 2024, the City Council held a noticed public hearing that was continued to April 1, 2024. On April 1, 2024, the City Council adopted a Resolution to the amend the land use designations for the CC Zone and the PF Zone in the Del Mar Community Plan and introduced an Ordinance to amend the CC Zone and the PF Zone land use and zoning designations in the Local Coastal Program and Zoning Code. The amendments also clarified that housing 2 April 15, 2024 Item 07
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April 15, 2024
will not be an allowed use on the Shores Park properties. Timely City Council action to adopt the Ordinance on April 15, 2024, is needed to maintain compliance with State law and avoid potential enforcement actions of the 6th Cycle Housing Element.
Additional background regarding the proposed amendments can be accessed in the following links to the City Council Agenda reports for March 18 and April 1, 2024:
https://www.delmar.ca.us/DocumentCenter/View/9230/Item-8---CC-PF-Zone-Amendments https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04012024-3423 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 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 the City’s Regional Housing Needs Allocation (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 3 April 15, 2024 Item 07
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CC/PF Housing-Related Amendments
April 15, 2024
total dwelling units through Density Bonus projects in the CC zone (a portion of which would be required to be lower income units), and the 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 B.
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 – Ordinance to Amend the City’s Zoning Regulations/Certified LCP Attachment B – CEQA 15162 Analysis
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ATTACHMENT A
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 5 April 15, 2024 Item 07
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Program 1C (Central Commercial), Program 1H (Public Facilities), and Program 6B (Fair Housing) in order to maintain compliance with State law and avoid decertification of the Housing Element; and
WHEREAS, amending the existing Central Commercial (CC) Zone and Public Facilities (PF) Zone to allow a density of 20 dwelling units per acre will maintain adequate sites to meet the City’s affordable housing obligations and provide additional opportunities beyond RHNA for moderate income households, lower income households, and special needs households in compliance with State law; and
WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and WHEREAS, adoption of this Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, over the past decade State laws have continued to reduce local and impose regulatory schemes that conflict with local procedures that typically require discretionary review, public participation, and public hearings; and WHEREAS, to-date State housing laws have not preempted the California Coastal Act, which at the local level is implemented by the City’s certified LCP; and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, State Density Bonus Law (DBL) is one example of a State law that still applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development; and
WHEREAS, proposed Density Bonus projects must comply with current State DBL, the California Coastal Act, and the City’s certified LCP and may be approved at a density above the maximum set in the Del Mar Community Plan, Zoning Code, and LCP if a certain number of units are income-restricted and reserved for affordable housing (very low, low, and moderate-income households); and
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WHEREAS, State DBL provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application (Cal. Gov. Code. Sec. 65915) and applicants must provide reasonable documentation to explain how requests for incentives will reduce development costs to build a project and demonstrate how waiver requests would physically preclude development of a project; and WHEREAS, the City has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws to ensure protection of sensitive coastal habitats and resources, public coastal view sheds, coastal parking for public access, and public health and safety; and
WHEREAS, City staff engaged in public outreach to encourage public participation in formulating these draft regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Planning Commission and City Council meetings; and
WHEREAS, the Notice of Availability and Notice of Planning Commission public hearing for the Amendments to the Community Plan, Zoning Ordinance, and LCP was posted in the Del Mar Times on January 25, 2024, and individual mailed notices, including notices to local tribes per Assembly Bill (AB 52), were sent to all interested parties; and WHEREAS, City staff provided responsive information to the San Pasqual Band of Mission Indians upon their request on March 4, 2024, for information related to mitigation, monitoring, and reporting protocols to protect environmental resources, including tribal cultural resources; and
WHEREAS, on February 13, 2024, the Planning Commission recommendation hearing item was adjourned to a duly noticed special meeting to resume the public hearing on February 21, 2024, due to technical audio issues; and WHEREAS, during the February 21, 2024, noticed public hearing, the Planning Commission recommended the City Council approve the CEQA determination and adopt the amendments with a stipulation of applying the maximum height of the certified LCP based on the local topography that slopes down east to west, existing public scenic views, 7 April 15, 2024 Item 07
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and the need to maintain the existing pedestrian scale in accordance with the Del Mar Community Plan and certified LCP; and
WHEREAS, the Planning Commission review focused heavily on the fact the amendments will allow a base zone density of up to 20 dwelling units per acre, which will make certain properties eligible to apply for processing of a density bonus project per State Density Bonus Law; and
WHEREAS, the Planning Commission’s recommendation accounted for the unique circumstances in the CC Zone (i.e., small-scale pedestrian oriented character and public scenic views throughout the zone due to topography that slopes down towards the South beach shoreline to the west) and expresses that the City must continue to hold development, including Density Bonus projects, to the existing height limits in the LCP which are a maximum of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar; and
WHEREAS, on February 29, 2024, the notice of City Council public hearing was published in the Del Mar Times and mailed notices were sent to all interested parties including those who participated through the Planning Commission hearing on February 21, 2024; and
WHEREAS, 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:
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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 9 April 15, 2024 Item 07
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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. 65915(m). 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 10 April 15, 2024 Item 07
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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. 11 April 15, 2024 Item 07
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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. 12 April 15, 2024 Item 07
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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 13 April 15, 2024 Item 07
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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. 14 April 15, 2024 Item 07
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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:
15 April 15, 2024 Item 07
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 16 April 15, 2024 Item 07
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.
17 April 15, 2024 Item 07
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
18 April 15, 2024 Item 07
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
19 April 15, 2024 Item 07
3.13.2024
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 B
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3.13.2024
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 21 April 15, 2024 Item 07
3.13.2024
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
22 April 15, 2024 Item 07
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. 23 April 15, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Denise Galvan, Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: April 15, 2024
SUBJECT: Design Review Board Interview and Appointment
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and appoint one resident to serve as a voting member on the Design Review Board for a full four-year term effective April 15, 2024, and expiring on April 30, 2028.
DISCUSSION/ANALYSIS:
The Design Review Board (DRB) evaluates planning applications for their consistency with the provisions of the Del Mar Community (General) Plan, Zoning Ordinance and the applicable design review standards included in the Design Review Ordinance (DRO).
There is one voting member vacancy on the DRB due to Amy Isackson’s term expiration on February 4, 2024. The City advertised the vacancy and received Citizen Interest Forms from Henrik Jensen and Steve Mitgang (Attachment A). Both applicants have indicated that they meet the requirements of the Del Mar Municipal Code (DMMC) Section 2.38.020 (Attachment B) to serve as voting members on the DRB.
Staff recommends that the City Council review the Citizen Interest Forms, interview the applicants, and vote to appoint one applicant to serve on the DRB as a voting member for a full four-year term beginning on April 15, 2024, and expiring on April 30, 2028.
Pursuant to Council Policy 200 “Committees – City Council Advisory Committees, Boards and Commissions” (Attachment C), an applicant must receive three affirmative votes in order to be appointed. If three affirmative votes are not received, the Council can choose to vote again or to direct staff to reopen the vacancy to solicit additional interest.
If the vacancy is filled, the DRB will have two remaining ex-officio, non-voting member vacancies that City staff will continue to advertise.
ATTACHMENTS:
Attachment A - Citizen Interest Forms
Attachment B - Del Mar Municipal Code Section 2.38.020
Attachment C - City Council Policy 200
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2 April 15, 2024 Item 08
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4 April 15, 2024 Item 08
5 April 15, 2024 Item 08
6 April 15, 2024 Item 08
7 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Mitgang Steve R
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee __X_ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
- I have lived in the Del Mar for 30 years and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I have lived in Del Mar proper since July, 2023
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - I have a degree in Architecture from UC Berkeley and have run many complex projects in business. And many real estate projects also including sensitive areas. - I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely understand the needs of multiple constituents, and always treat people with candor and transparency.
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential. 8 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Education:
AB Architecture UC Berkeley 1983
Relevant Experience (job or volunteer etc.):
- Recent Del Mar home build on Crest Rd., within a sensitive bluff and fire zone. My own DRB experience will help create empathy with various constiuents. - Each start up I led in San Diego (4) has had various real estate needs and processes that range from complete newly built structures to major retrofits. One was in a bluff sensitive area.
- I have built two homes from scratch in the last 20 years. - I have worked with various departments within the city related to our build process:
planning, public works, finance, etc.
-
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
- None
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
Jay Thomas 377 Belaire St
Tina Thomas 136 22nd St
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.
Residency
Month Year
NA
NA
9 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law I have been a resident of California since: July 1970
I have been a resident of San Diego County since: July 1991 I have been a resident of Del Mar Heights/Mira Montana
since 1991 and Crest Rd July 2023
July
Crest Rd July
1991
2023
What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☒ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a registered voter in Del Mar? ☒ Yes ☐ No
10 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why?
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
11 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law ☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? 12 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you?
10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar 13 April 15, 2024 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.
11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _____________________________ April 4, 2024______________________ Signature Date
- I have lived in the Del Mar for 30 years (Mira Montana Dr. In the Heights) and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I have lived in Del Mar proper since July, 2023
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - I have a degree in Architecture from UC Berkeley and have run many complex projects in business. I have led real estate projects also including sensitive areas. - I have personally designed and built two homes. The home on Crest Rd was designed by Brian Church.
- I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely understand the needs of multiple constituents, and always treat people with candor and transparency.
I appreciate the needs of complex processes and constituents and have a great reputation as a strong communicator and leader. Having just gone through the DRB process, I can be empathetic to the questions and issues being raised and also help create focus and streamline process where appropriate. 14 April 15, 2024 Item 08
Del Mar Municipal Code – Design Review Board Membership
2.38.020 - Membership.
A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries.
Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.
B. Members shall serve staggered, four-year terms.
C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.
D. The Design Review Board shall also include an eighth, ex-officio member and an exofficio alternate, both appointed to a two-year term by a majority of the City Council.
1. The ex-officio member and alternate shall be appointed based on their professional experience in architecture, landscape architecture, planning or urban design.
2. The ex-officio member, or alternate, shall assist the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. As requested, the exofficio member, or alternate, shall also assist the members in a determination of the existence of feasible design alternatives. However, neither the ex-officio member, nor alternate, shall participate in the votes on applications.
3. The ex-officio member, or alternate, shall not be counted for purposes of determining the existence of a quorum of the Design Review Board.
4. The ex-officio member and alternate should preferably be residents of the City but neither is required to be a resident of the City.
5. The ex-officio alternate shall serve in the absence of the ex-officio member.
6. The ex-officio member and alternate shall comply with all City of Del Mar Conflict of Interest regulations.
(Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931 , § 1, 9-18-2017) Attachment B 15 April 15, 2024 Item 08
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POLICY:
A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.
Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.
B. Council Appointments to City Council Advisory Committees
1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.
2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.
3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.
4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 16 April 15, 2024 Item 08
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5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.
6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.
7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.
9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).
The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.
10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.
C. Council Appointments to the Design Review Board and Planning Commission
1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
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2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.
3. Interviews shall be public and televised as part of the City Council meeting.
4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.
5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.
7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.
8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member, of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling living.
9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
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D. City Advisory Committee Membership Categories
1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.
2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.
E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair
1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.
2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.
3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.
4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections
2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
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5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.
6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.
7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.
At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.
8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.
F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
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G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.
H. Formation and Dissolution of Boards, Commissions, and Committees
1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.
2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.
3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.
I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 21 April 15, 2024 Item 08
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Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 15, 2024
SUBJECT: Introduction of Density Bonus Ordinance to Implement State Law and Housing Element Program 1G
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council introduce an Ordinance (Attachment A) to repeal and replace the existing density bonus regulations in Del Mar Municipal Code (DMMC) Density Bonus Chapter 30.90 in compliance with the City’s certified 6th Cycle Housing Element (2021-2029) Program 1G and State Density Bonus Law (California Government Code Sections 65915, et seq.) BACKGROUND:
The proposed amendment is required to implement the City’s 6th Cycle Housing Element (2021- 2029) Program 1G commitment to demonstrate compliance with State Density Bonus Law (DBL).
The City is required to implement the current State DBL in effect. The proposed Ordinance specifies how the City processes density bonus projects in compliance with State DBL.
On March 12, 2024, the Planning Commission voted unanimously to recommend approval of the CEQA environmental determination; and adopt the proposed amendments to repeal and replace the Density Bonus regulations in DMMC Chapter 30.90. The Commissioners acknowledged the City must implement State DBL and expressed a desire for density bonus projects to minimize impacts to neighbors and preserve scenic views like other development. Their discussion covered the following topic areas:
Harmonizing of State DBL and Coastal Act during permit reviews Methodology for calculation of lower income units in a project (pre-density bonus) Concept of deviations from design and development standards that may be granted Potential site-specific design alternatives (i.e., smaller units, reduced bulk and mass) Waivers that may be granted to make affordable housing physically feasible to build Public scenic view protections in the certified Local Coastal Program (LCP) State DBL was enacted in 1979 to help address California’s shortage of affordable housing. In return for including affordable units in a development, developers are given an increase in density over a local jurisdiction’s zoned density. The DBL generally provides for certain projects to increase density above the maximum set under the applicable land use and zoning designations in the General Plan (Del Mar Community Plan), Zoning Code, and Local Coastal Program (LCP). 1 April 15, 2024 Item 09
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The density bonus a developer is able to receive is identified in DBL as a sliding scale (ranging between a 5% and 50% bonus) based on the percentage of units in the project that will be dedicated as affordable and the depth of the affordability of the units (very low, low, or moderate income). Qualifying projects may also receive reductions in required development standards such as floor area ratio, setbacks, parking, and height when those standards would physically preclude the project from achieving the density allowed by DBL. The concept is that the “bonus” units can increase the feasibility of residential and mixed-use projects that include income-restricted units for moderate and/or lower income households.
State DBL applies to affordable and special needs housing projects, including mixed-use development, new subdivisions, senior housing, transitional foster youth, disabled veterans or homeless persons, lower income students in a student housing development, and/or common interest ownership developments. Project applicants may request density bonuses, concessions, incentives, waivers, and reductions in development standards to help offset the financial burden of constructing affordable units. Qualifying projects must include five or more units. Most DBL projects in Del Mar are anticipated to be mixed-income projects with lower income units that will be income-restricted (for at least 55 years in a recorded document).
State DBL has been amended numerous times by the legislature (amended 10 times between 2018 and 2023), which rendered the City’s existing regulations (DMMC Chapter 30.90) inconsistent with State law. In the interim, the City must continue to process projects in accordance with the current State DBL in effect. Failure to adopt an Ordinance does not relieve the City from complying with DBL.
Housing law trends at the State level have continued to reduce local control and impose requirements that at times conflict with local procedures (i.e., discretionary review, public participation, and public hearings). Because coastal cities are uniquely situated, State DBL does not preempt the Coastal Act. Projects must comply with the State DBL and the Coastal Act to ensure coastal resource protections are not adversely impacted. This may involve harmonizing the California Government Code housing laws and resource protection mandates of the Coastal Act. In the circumstance where there is a direct conflict between the resource protection elements of the Coastal Act and State housing laws, the courts have consistently maintained that coastal resource protections are superior to that of housing laws. For example, the City may deny requested increases in height where in conflict with public scenic view protections in the certified LCP.
Currently, the City has two zones that allow a density of 20 dwelling units per acre (du/ac): North Commercial (NC) and Professional Commercial (PC). The City is in process of amending the Central Commercial (CC) and Public Facilities (PF) zones to allow 20 du/ac, which is considered the minimum density that can facilitate production of lower income housing units in a jurisdiction the size of Del Mar. However, increased density through DBL does not always make affordable housing feasible. The City learned from consultant studies (June 2022/January 2023) that an allowance for 20 du/ac density does not necessarily mean a project will be feasible to produce affordable housing. Lower income units have exponentially higher costs to build and operate. To help close the financing gap between market rate and affordable unit production, developers 2 April 15, 2024 Item 09
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typically seek opportunities for at-grade construction of multi-unit townhomes (two to three story) on sites without environmental constraints and rely on public contributions (i.e., tax credits and other incentives).
Implementation of State Density Bonus Law in Del Mar
The City regulates and implements density bonus projects in accordance with the State DBL and the Coastal Act, including existing protections for environmentally sensitive resources, coastal access, public scenic views, and public safety in the City’s certified LCP. The City is not able to impose local laws in conflict with these State laws. However, in accordance with California Government Code Sections 65915(d)(1) & (e)(1), if an applicant submits a development proposal that includes specific incentives or concessions, the City can deny the incentive or concession by making written findings based on substantial evidence, of any of the following:
The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, or for rents for the targeted units; The concession or incentive would have a specific adverse impacts to the public health and safety, environment, or historic resources and property listed in the California Register of Historic Resources, and for which there is no feasible method to satisfactory mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households;
Would be contrary to federal or state law, including the Coastal Act. This includes the ability to deny requested concessions, incentives, waivers, and reductions in development standards for projects that are in conflict with the certified LCP protections for environmentally sensitive habitat areas (ESHA), coastal access, public scenic views, and public safety from hazards (i.e., flooding, bluff erosion, sea level rise, and wildfire).
Each density bonus project reviewed by staff considers a variety of factors (i.e., other State laws, local discretionary authority, project size, environmental conditions, topography, and public scenic views). The City has one example of a project commonly referred to as the Watermark Project, that included a density bonus request related to the City’s 5th Cycle Housing Element Program 2G, which identified two vacant parcels (2.37 acres) at the southeast corner of Jimmy Durante Boulevard and San Dieguito Drive as the City’s adequate sites commitment to produce 22 lower income units to meet its 5th Cycle RHNA. The City did not timely process its commitment to complete associated amendments to the Del Mar Community Plan, Zoning Code, and Local Coastal Program and Rezone the Watermark properties to allow a density of 20 du/ac by 2014.
As a result, the City’s 5th Cycle Housing Element was decertified and the State imposed a higher density (20-25 du/ac) and a “by right” permit process for proposed residential development on the Watermark-owned properties in accordance with Government Code Section 65913.4.
The developer submitted a permit application for processing per DBL and Senate Bill 330 Housing Crisis Act of 2019, which included requests for concessions and waivers from development standards resulting in identifiable and actual cost reductions to provide for affordable housing costs associated with the project and to physically construct the development on the net 3 April 15, 2024 Item 09
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developable area of the site. This is considered to be a unique example that is much larger than other potential housing sites in Del Mar.
On April 19, 2022, the City approved the Coastal Development Permit (Administrative CDP21- 005) for a 50-unit project (“Watermark”) in the North Commercial Zone and Floodplain Overlay Zone to include affordable housing (40 above moderate-income units, 6 low-income units, 2 very low-income units, and 2 extremely low-income units). The Watermark project was appealed to the California Coastal Commission (CCC), which voted unanimously on November 17, 2023, to find no substantial issue and upheld the City’s approval. The CCC report for Item 8a is available with the Friday, November 17, 2023, agenda at this link:
https://www.coastal.ca.gov/meetings/agenda/#/2023/11
The proposed density bonus amendments relate to other Housing Element Programs in process:
Objective Design Standards (Program 6G) – On March 19, 2024, a public workshop was held with the Design Review Board to review the draft objective design standards manual for ministerial multi-unit and mixed-use projects, which are currently in process of review by the Design Review Board and Planning Commission prior to approval by the City Council in summer 2024.
Central Commercial/Public Facilities Zones (Programs 1C and 1H) – The Ordinance/Local Coastal Program Amendment in process will create new sites in the Central Commercial Zone and Public Facilities Zone that allow 20 du/ac density in addition to existing sites in the North Commercial and Professional Commercial Zones. The City Council adopted the amendments on April 1, 2024, with submittal of the LCPA to the Coastal Commission forthcoming.
Inclusionary Housing/Condominium Conversions (Programs 4D/4E) – The Ordinances are in process to update the City’s inclusionary housing requirements (required number of lower income affordable units to be reserved in housing projects) and regulations applicable to condominium conversions (conversion of rental units to condominium ownership in accordance with the Subdivision Map Act), which will be reviewed by the Planning Commission prior to a City Council decision in summer 2024. Site-Specific Incentives (Programs 1D and 1I) – To-date implementation has involved preparation of site-specific studies to facilitate consideration of potential site-specific incentives, in addition to the City’s updated ADU Incentive Program, that could be made available to implement the City’s adopted lower income unit production strategy in accordance with the Housing Element.
For additional information on Housing Element implementation, refer to the City’s website:
https://www.delmar.ca.us/852/6th-Cycle-Housing-Element-Program-Implem DISCUSSION/ANALYSIS:
The proposed amendment to DMMC Chapter 30.90 (Density Bonus Regulations) is required to implement the City’s Housing Element Program 1G commitment to update the regulations in compliance with current State DBL. As proposed, the existing regulations in DMMC Chapter 4 April 15, 2024 Item 09
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30.90 would be repealed and replaced to defer to the State DBL as set forth in Government Code Section 65915, et seq. The proposed regulations generally defer to the current State law in effect and specify how density bonus projects will be processed locally in a manner that implements the goals, objectives, and policies of the Del Mar Community Plan, including the Housing Element, and the certified LCP. This approach is consistent with other coastal jurisdictions in California that are also affected by the frequency of DBL changes and related housing amendments being passed by the State legislature. By referring to the current State DBL in effect, it will minimize the need for future DMMC amendments.
The proposed regulations specify the application submittal requirements, which must identify:
A proposal for five or more proposed dwelling units.
Number of units in the project that comply with the maximum density in the General Plan/Zoning Code (pre-density bonus), which are referred to as the project’s “base units.” The additional density bonus units requested, which are referred to as “bonus units”. The requested concessions/incentives, waivers/reduction in standards, and parking reductions with reasonable documentation supporting the request where provided for by State DBL.
Number of income-restricted affordable units to be reserved on-site to meet the required percentage per DBL (base unit count pre-density bonus or portion thereof):
o 5% units restricted to very low income households; or o 10% units restricted to low income households; or
o 100% affordable units (excluding managers units) with a maximum of 20% units restricted to moderate income households; or
o Other qualification (i.e., 10% for very low foster youth, disabled veterans, homeless) Commitment to record a document restricting units to the respective level of affordability (at least 55 years for rental unit projects and 30 years for a project that includes for-sale units).
A density bonus is granted based on the number of affordable units in a development proposal.
DBL also provides three types of benefits for such projects that applicants may request from the City to facilitate affordable housing development as described below:
Density Bonus - Qualifying projects may be granted density bonus units according to a sliding scale based on the percentage of affordable units and affordability level that would be provided as set forth in State DBL and ranges from 5% to 50% of the maximum allowable density of the Community Plan/LCP or Zoning Code. Proposed projects that meet DBL are entitled to density increases above the maximum density of the base zone.
An applicant is not entitled to any additional density, even in circumstances of economic infeasibility. See proposed DMMC Section 30.90.040(C)(1). Determination of the project’s density bonus occurs based on the specified percentages stated in DBL. By comparison, the review and consideration of other benefits depends on the site-specific details of the project.
Concessions or Incentives - Qualifying projects that are consistent with the Coastal Act may be granted concessions or incentives as set forth in State DBL. Under DBL, the terms 5 April 15, 2024 Item 09
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“concessions” and “incentives” are used interchangeably. This includes modifications to local regulatory or development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents (i.e., increased height, floor area, lot coverage, above that allowed by the zone/overlay zone). The maximum number of incentives a project is entitled to is based on the percentage of affordable units provided in the qualifying project and varies from one incentive up to five incentives (See Attachment B).
The City may deny a concession/incentive based on substantial evidence that the incentive would not result in identifiable and actual cost reductions to provide for affordable housing; or if it would be contrary to State or Federal law, including the Coastal Act, or would have a specific, adverse and unavoidable impact on public health and safety, the environment, or on historic resources for which there is no feasible method to satisfactory mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. See proposed DMMC Sections 30.90.040(C)(2) and 30.90.060(D).
Waivers or Reductions of Development Standards - Qualifying projects may be granted waivers or modifications of any “development standards” or other regulatory requirements that potentially make a project physically infeasible if not approved. As defined in State DBL, (Government Code Section 65915(o)(1)), “development standards” include those that apply to residential development in the Community Plan, Specific Plan, Zoning Code, and City Charter. Examples of modifications to local development standards that could physically prevent the construction of a housing development at the density permitted with a bonus and any concessions include: requests for decreased setbacks less than what is required by the zone/overlay zone, waiver of the height limits, parking ratios, landscaping and/or open space requirements. Potential physical infeasibility of a project considers the density permitted per DBL and scenarios with project incentive(s) granted. There is no limit to the number of reductions/waivers that may be requested; however, the developer is required to provide written documentation to justify why the waivers are needed to construct the project. The City may deny a waiver where it would be contrary to State or Federal law, including the Coastal Act, or would have a specific, adverse and unavoidable impact on public health and safety, the environment, or on historic resources. See proposed DMMC Sections 30.90.040(C)(3) and 30.90.060(E). Parking Reductions - Qualifying projects may be granted parking reductions as set forth in State DBL. This includes use of the density bonus parking ratios specified in Government Code Section 65915(p) that require one off-street parking space for units with one bedroom or less (studio), one and one-half parking space for units with two to three bedrooms, and two and one-half spaces for units with four or more bedrooms, and no requirement for guest parking spaces. The State’s parking ratios are lower than the standard parking ratios required by DMMC Chapter 30.80 (Parking regulations). As a coastal jurisdiction, State laws that otherwise prohibit local jurisdictions from requiring parking are not applicable in Del Mar. Applicants are entitled to use the State DBL parking ratios and may request further reductions; however, the City’s certified LCP protections 6 April 15, 2024 Item 09
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for preservation of on-street parking for public access to the shoreline apply. See proposed DMMC Section 30.90.040(C)(4).
It is important to note that each proposed housing development project will be reviewed on a case-by-case basis to determine which housing laws impact the City’s discretionary authority in consideration of laws including, but not limited to, State DBL, Government Code Section 65913.4 (Streamlined Ministerial Approvals), and the Housing Accountability Act. It should be recognized that under the Housing Accountability Act (Government. Code Section 65589.5 (d)(1)), the City is limited to when a housing project that includes a mix of income categories may be denied or conditionally approved unless very specific criteria are met. Generally, if a local jurisdiction has a Housing Element that has been found by HCD to be in substantial compliance and has met or exceeded its allocated regional housing needs it may then deny or conditionally approve a project.
The City has yet to meet its regional housing needs allocation. Therefore, to deny or conditionally approve a housing project containing a range of housing for different income levels, the City would have to make specific findings that the project may have a significant impact on public welfare and safety, that the denial is a result of complying with a state law (i.e., California Coastal Act) and federal law (i.e., Federal Flood Risk Management standards in the floodplain) and there is no feasible method to mitigate the project, that the project impacts land that has been set aside for preservation, or that the project is inconsistent with the City’s Community Plan that was in place at the time of the application.
DMMC Chapter 30.90 is not a part of the City’s certified LCP, and therefore is not subject to approval by the Coastal Commission. The amendments are simply implementing the requirements of State DBL consistent with the certified LCP. The ordinance would take effect 30 days from the date of adoption by the City Council.
Some concern has been expressed related to potential future changes to State DBL as a result of proposed Assembly Bill (AB) 2560 (Alvarez), which has been introduced at the State level but has not been passed. This controversial bill would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under State DBL be permitted notwithstanding the Coastal Act. The current Coastal Commission position opposes this bill unless it is amended, and Coastal Commission legislative staff reported that Assembly Member Alvarez and Coastal Commission representatives have been meeting to discuss potential amendments. If AB 2560 is passed, the Del Mar City Council will be able to consider all options available based on the context and details applicable at that time, which could include a decision in a noticed public hearing to repeal the local Density Bonus Ordinance, legal challenge, and/or other options.
HOUSING IMPACT: Adoption of the density bonus Ordinance will specify that the City of Del Mar implements the current State DBL in effect at the time of the proposed development application.
This action will also fulfill the City’s commitment in the certified 6th Cycle Housing Element (Program 1G).
FISCAL IMPACT: There is no fiscal impact or action to be taken by the Council related to this agenda item.
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Density Bonus Ordinance
April 15, 2024
ENVIRONMENTAL IMPACT: Ordinance Section Three identifies that the California Environmental Quality Act (CEQA) determination for the project per CEQA Guidelines Section 15162 is 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 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 The ordinance 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.
The ordinance is simply implementing the existing State DBL. Future projects will be subject to additional CEQA analysis at the project level as applicable. At a minimum, future development will be required to comply with the 6th Cycle PEIR MMRP mitigation measures and objective standards of the City’s certified LCP. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The amendments relate to a Tier 1 priority City Council special project that is required by the Housing Element to be completed by June 2024.
ATTACHMENTS:
Attachment A – Ordinance to Amend the City’s Zoning Regulations/Certified LCP Attachment B – Summary of State Density Bonus Law
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ATTACHMENT A
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE
DEL MAR MUNICIPAL CODE CHAPTER 30.90 DENSITY
BONUS REGULATIONS FOR CONSISTENCY WITH STATE
DENSITY BONUS LAW IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTIONS 65915 ET
SEQ., RELATING TO IMPLEMENTATION OF THE 6TH
CYCLE HOUSING ELEMENT PROGRAM 1G
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 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 and has an overall goal to “preserve and enhance the special character of Del Mar”, which 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 (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 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 WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and 9 April 15, 2024 Item 09
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WHEREAS, the City is required to implement State Density Bonus Law (DBL) in accordance with Government Code Sections 65915 et seq.; and WHEREAS, failure to adopt this Ordinance will not relieve the City from complying with the current State law in effect; and
WHEREAS, the California Coastal Act is not preempted by State DBL; 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, which at the local level is implemented by the City’s certified Local Coastal Program (LCP); and WHEREAS, State DBL 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, future proposed Density Bonus project developments 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 WHEREAS, State DBL provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application; and WHEREAS, density bonus project 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 provide relief from standards that otherwise would physically preclude development of a project without waiver approval; 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
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WHEREAS, the Notice of Planning Commission public hearing was posted in the Coast News and at City Hall on February 29, 2024; and
WHEREAS, on March 12, 2024, the Planning Commission unanimously recommended approval to the City Council; and
WHEREAS, on March 29, 2024, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, adoption of this Ordinance will implement the 6th Cycle Housing Element commitment in Housing Element Program 1G.
NOW THEREFORE, the City Council of the City of Del Mar, California hereby ordains as follows:
SECTION ONE: 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 that the above stated Recitals are true and correct and are incorporated by reference into this action.
SECTION TWO: That existing DMMC Chapter 30.90 shall be repealed and replaced in its entirety as follows:
Chapter 30.90 DENSITY BONUS
30.90.010 Purpose.
The purpose of this Chapter is to implement the State Density Bonus Law (California Government Code Section 65915 et seq., as may be amended from time to time) and specify the regulatory framework for providing density bonuses and incentives, waivers, and reductions in development standards for qualifying residential housing developments that propose affordable housing as those costs are provided for in California Health and Safety Code Section 50052.5. The intent of this Chapter is to encourage and facilitate the development of affordable housing consistent with the State Density Bonus law and to implement the goals, objectives, and policies of the Del Mar Community Plan, including the current Housing Element and Local Coastal Program.
If any portion of this Chapter conflicts with State Density Bonus Law or other applicable State law, then State law shall apply. Any ambiguities that may be found in this Chapter shall be interpreted in a manner to be consistent with State Density Bonus Law.
30.90.020 Definitions.
The definitions found in the State Density Bonus Law shall apply to the terms contained in this Chapter.
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30.90.030 Applicability.
A. A proposed housing development, as that term is defined by State Density Bonus Law, shall be eligible for a density bonus and other regulatory incentives provided by State Density Bonus Law, when the applicant, through submittal of an application in accordance with Section 30.90.040, seeks and agrees to provide dwelling units for very-low, low- or moderate-income households, senior households, transitional foster youth, disabled veterans, homeless persons, or lower income students in the threshold amounts specified by State Density Bonus Law.
B. The granting of a density bonus, concession or incentive pursuant to this Chapter shall not be interpreted, in and of itself, to require any of the following:
1. An amendment to the Del Mar Community Plan, Del Mar Zoning Code, or Del Mar Local Coastal Program; or
2. The waiver of a City ordinance or provisions of a City ordinance unrelated to development standards, a zoning change, study or other discretionary approval by the City.
30.90.040 Application Procedure.
A. An application requesting a density bonus, concession or incentive, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be filed with the City in writing, on a form approved by the Planning and Community Development Director (Director).
B. The application shall be submitted to the City concurrently with the filing of any other entitlements required for the proposed housing development and the required application fee(s) established by City Council Resolution to recover the City’s administrative costs of processing the application.
C. The application shall contain information sufficient to allow the City to fully evaluate the request under the requirements of this Chapter and State Density Bonus Law, including, without limitation, the following minimum information:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and Del Mar Community Plan (excluding any density bonus units), number of proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
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b. A tentative map or preliminary site plan (drawn to scale) showing the number and location of all proposed units and designating the location of proposed affordable units and density bonus units. c. The zoning and Community Plan designations and Assessor’s Parcel Number(s) of the housing development site.
d. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period and whether they were rented as affordable units.
i. If dwelling units on the site are currently rented, identify the income and household size of all residents of currently occupied units, if known.
ii. If any dwelling units on the site were rented in the five-year period but are not currently rented, identify the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling
units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low-income or low-income households in the five-year period preceding the date of submittal of the application.
f. Any other information the Director reasonably determines necessary to process and evaluate the application consistent with State Density Bonus Law.
2. Requested Concessions or Incentives. If concessions or incentives are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each concession or incentive requested, shown on a site plan (if appropriate):
a. The applicable development standards of the base zone and overlay zones (base development standards) and the requested concession or regulatory incentive for each development standard where requested.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show why any requested concession or incentive will reduce affordable housing costs or rents.
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c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
d. If relief from a requirement for mixed-use zoning is proposed, reasonable documentation that residential use without a commercial component is compatible with the existing and planned development in the area where the proposed housing development will be located, and that not including a proposed commercial development will provide for affordable housing costs and rents.
3. Requested Waivers or Reductions of Development Standards. If waivers or reductions of development standards are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each waiver requested, shown on a site plan (if appropriate):
a. The applicable development standards of the base zone and overlay zones (base development standards) and the requested waiver or reduction of standards for each base development standard where requested.
b. Reasonable documentation that the development standards for which a waiver or reduction of a development standard is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
4. Requested Adjusted Parking Ratios. If adjusted parking ratios are requested pursuant to State Density Bonus Law, the application shall include a table showing parking proposed under State Density Bonus Law in compliance with Government Code Section 65915(p) and Section
30.90.090, and reasonable documentation that the project is eligible for the requested parking reduction.
5. Donation of Land. If a density bonus is requested for the donation of land to the City, the application shall include the location of the land to be dedicated, proof of site control, proof of any debt associated with the land, and reasonable documentation that the requirements of Government Code Section 65915(g) can be met.
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6. Childcare Facility. If a density bonus or incentive is requested for a childcare facility in a housing development pursuant to Government Code Section 65915(h), the application shall include reasonable documentation that the requirements of Government Code Section 65915(h) can be met.
7. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion of five or more units, the application shall include reasonable documentation that the requirements of Government Code Section 65915.5 and Del Mar Municipal Code Chapter 24.21 (Condominium Conversions) can be met.
8. Commercial Development Bonus. If a “development bonus”, as defined by State Density Bonus Law, is requested for a commercial development project, the application shall include reasonable documentation that the requirements of Government Code Section 65915.7 can be met, which includes (where applicable) an agreement between the developer and a partnered affordable housing organization that allows for a contribution of affordable housing through a joint project or two separate projects encompassing affordable housing.
30.90.050 Local Coastal Program Consistency.
A. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Public Resources Code Section 30000 et seq.), and further provides that the granting of a density bonus, concession or incentive shall not be interpreted, in and of itself, to require a Local Coastal Program amendment.
B. The requested density bonus and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be consistent with the policies of the certified Local Coastal Program and shall have no significant adverse impacts to coastal resources or the environment, including but not limited to, preservation of public access to the shoreline, and protections for public scenic views, environmentally sensitive habitat areas, and public health and safety in coastal hazard areas.
C. For the purposes of Section 30.90.050:
1. “Coastal resources” means any resource which is afforded protection under the policies of Chapter 3 of the California Coastal Act (Public Resources Code Section 30200 et seq.), including but not limited to, public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.
2. “Environment” as defined by Public Resources Code Sections 21060.5 and 21083 means the physical conditions which exist within the area which will 15 April 15, 2024 Item 09
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be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance.
The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The environment includes both natural and human-made conditions.
30.90.060 Review and Determination.
A. The City shall process an application within thirty (30) calendar days after receiving the application and shall notify the applicant in writing whether or not the application is deemed complete in a manner consistent with Government Code Section 65943. If additional time is required for the City to review an application, the City shall inform the applicant in writing of the reason for the additional time necessary to review the application.
B. If the City notifies the applicant that the application is deemed complete pursuant to Section 30.90.060(A), the City shall also provide the applicant with the following determinations, which shall be based on the development project at the time the application is deemed complete, and may be adjusted by the City based on any changes to the project during the course of development:
1. The amount of density bonus for which the applicant may be eligible;
2. If an adjusted parking ratio is requested, the parking ratio for which the applicant may be eligible; and
3. If an incentive or concession, or waiver or reduction of development standards has been requested, whether the applicant has provided adequate information for the City to make a determination as to those incentives, concessions, waivers, or reductions in development standards and if adequate information has not been provided, a list of what necessary information is required.
C. To ensure that an application for housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, the record of decision shall state whether the application conforms to the following requirements under State law, as applicable:
1. That the housing development provides the housing required by State Density Bonus Law to be eligible for the density bonus and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, including the replacement of units rented or formerly rented to very low-income and lowincome households as required by Government Code Section 65915(c)(3). 16 April 15, 2024 Item 09
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2. If an incentive or concession is requested, that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).
3. If a waiver or reduction of development standards is requested, that the housing development project is eligible for a waiver, and the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by State Density Bonus Law.
4. If parking reductions are requested, that the housing development is eligible for any requested parking reductions under Government Code Section 65915(p).
5. If the density bonus is based, all or in part, on donation of land, that all requirements in Government Code Section 65915(g) have been met.
6. If the density bonus or incentive is based, all or in part, on the inclusion of a childcare facility, that all requirements in Government Code Section 65915(h) have been met.
7. If the density bonus or incentive is based, all or in part, on the inclusion of a condominium conversion, that the requirements in Government Code Section 65915.5 and Del Mar Municipal Code Chapter 24.21 (Condominium Conversions) have been met.
8. That the requested density bonus, and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, is consistent with all applicable requirements of the certified Local Coastal Program.
D. The City shall grant an incentive or concession requested by the applicant unless it makes a written finding to deny, based upon substantial evidence, of any of the following:
1. That the incentive or concession does not result in identifiable and actual cost reductions consistent with State Density Bonus Law to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; or
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2. That the requested incentive or concession would have a specific, adverse impact upon public health or safety or on any real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete, as defined in Government Code Section 65589.5(d)(2); or
3. That the incentive or concession would be contrary to State or Federal law.
E. The City shall grant the waiver or reduction of development standards requested by the applicant unless it makes a written finding to deny, based upon substantial evidence, of any of the following:
1. That the waiver or reduction would have a specific, adverse impact upon health, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete, as defined in Government Code Section 65589.5(d)(2); or
2. That the waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historic Resources; or
3. That the requested waiver would be contrary to State or Federal law.
F. The City may deny a density bonus or incentive for a childcare facility if it makes a written finding, based on substantial evidence, that the community has adequate childcare facilities.
30.90.070 Affordable Housing Agreement.
A. An applicant seeking a density bonus for a housing development shall enter into an affordable housing agreement with the City, on a form approved by the City, to ensure the continued affordability of the units pursuant to State Density Bonus Law. Following execution of the agreement by all parties, the completed agreement shall be recorded by the applicant as a deed restriction against the property on which the project will be located. The agreement shall run with the land and be binding on all future owners and successors in interest of the property. 18 April 15, 2024 Item 09
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The approval and recordation of the agreement shall take place prior to final map approval, or where a map is not processed, prior to issuance of any building permit for the property on which the project will be located.
B. For rental projects, the affordable housing requirement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; and shall specify phasing of the affordable units in relocation to the market-rate units. Rents for the lower income units shall be set at an affordable rent as defined by State Density Bonus Law.
C. For for-sale projects, the affordable housing requirement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio, are persons and households of lower or moderate income, as applicable, or if not purchased by lower or moderate income households within 180 days after the issuance of the certificate of occupancy, then pursuant to Government Code Section 65915(c), the units will be purchased by a qualified non-profit housing corporation as defined by State Density Bonus Law; and that the units will then be offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.
D. Where a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City, requiring the housing development to be operated as “housing for older persons” consistent with State and Federal fair housing laws.
E. The affordable housing agreement shall also include the following information:
1. The number of units approved for the housing development, including the number and type of affordable and density bonus units;
2. The location, unit size(s) (square footage), and number of bedrooms of affordable units;
3. Schedule for production of affordable units;
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4. Incentives or concessions or waiver or reduction of development standards provided by the City;
5. Where applicable, limits on tenure and conditions governing the initial sale of the affordable units;
6. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units;
7. Compliance with State and Federal laws;
8. Prohibition against discrimination;
9. Indemnification of City;
10. City’s right to inspect units and documents; and
11. Remedies; and
12. Any additional information or documentation that may be required by the City.
30.90.080 Density Bonus Calculation.
A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
B. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
C. Each housing development is entitled to only one density bonus for the life of that development. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
D. The density bonus units shall not be included when determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.
E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of 20 April 15, 2024 Item 09
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affordable units, no housing development shall be entitled to a density bonus higher than what is authorized under State Density Bonus Law.
30.90.090 Incentives; Parking Reductions.
A. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
B. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an onsite vehicular parking ratio specified in Government Code Section 65915(p).
C. Nothing in this Chapter requires the provision of direct financial incentives for the housing development, including but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or the waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
30.90.100 Project Standards.
A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and affordable units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development and be consistent with the City’s design review objective standards. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality.
C. To comply with fair housing laws, the affordable units shall contain the same or more proportional mix of bedroom sizes as the market-rate units.
D. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
30.90.110 Enforcement.
The regulations of this Chapter, including the terms of any density bonus housing agreement or documents prepared to administer the affordability and eligibility requirements, shall be enforced according to the provisions in Del Mar Municipal Code Chapter 1.08.
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30.90.120 Appeal Process.
A. An appeal by an applicant or interested person seeking City Council review of a determination made pursuant to this Chapter shall be filed in accordance with Del Mar Municipal Code Chapter 1.12.
B. An applicant may also elect to initiate judicial proceedings to contest the City’s denial of an application for a density bonus, incentive or concession, as authorized under State Density Bonus Law.
30.90.130 Severability.
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provisions are void by operation of the law then those terms and provisions shall have no force or effect.
SECTION THREE:
Pursuant to the California Environmental Quality Act (CEQA), the proposed action has 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 FOUR:
This Ordinance was introduced by the City Council on April 15, 2024.
SECTION FIVE:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SIX:
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.
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SECTION SEVEN:
The Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 6th day of May 2024.
________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
23 April 15, 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 6th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
24 April 15, 2024 Item 09
ATTACHMENT B
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 moderate-income 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). 25 April 15, 2024 Item 09
ATTACHMENT B
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. 26 April 15, 2024 Item 09
City of Del Mar
Staff Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Diana Martinez, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: April 15, 2024
SUBJECT: Resolution Approving the Del Mar Projects for Inclusion in the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-2025 through 2028-2029
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that City Council conduct a public hearing and adopt a Resolution (Attachment A) approving Del Mar projects for inclusion in the TransNet Local Street Improvement Program of Projects as part of the Regional Transportation Improvement Program for Fiscal Years 2024-2025 through 2028-2029.
DISCUSSION/ANALYSIS:
TransNet is the half-cent sales tax for funding local transportation projects that was first approved by voters in 1988. On November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance) that extended TransNet for an additional 40-year period.
The San Diego Association of Governments (SANDAG) approves the TransNet Program of Projects (POP) list as an element of the Regional Transportation Improvement Program (RTIP) every two years. The 2025 RTIP is a multi-year program of proposed major highway, arterial, transit, and bikeway projects. The SANDAG Board, in its role as the San Diego County Regional Transportation Commission, approves a five-year program of projects to be funded with TransNet revenues.
On February 14, 2024, SANDAG released its TransNet Revenue Forecast (Revenue Forecast) for the five-year period of Fiscal Years 2024-2025 through 2028-2029 for the Local Street Improvements (LSI) program. SANDAG’s TransNet revenue estimates are based on forecasted sales and the half-cent tax that is applied to each sale. 1 April 15, 2024 Item 10
City Council Agenda Report
Amendment to TransNet Local Streets Improvement Program April 15, 2024
SANDAG estimates that the City of Del Mar will receive a total of $1,628,000 in TransNet local street improvement funds for Fiscal Years 2024-2025 2028-2029. That total is made up of three parts: 1) RTIP loan of $690,000 for portions of the Downtown Streetscape Project, which is scheduled to be paid off by 2044 (this funding is automatically deducted by SANDAG as payment towards the City’s prior loan for that project); 2) a five-year revenue forecast of $680,000 that will be used for the City’s projects as projected (Attachment B); and 3) an estimated carry-over of $258,000 the City has of LSI funds from prior years. This brings the total projected RTIP funds available to the City during the next five-year period to $938,000 (excluding the Downtown Streetscape loan).
To use TransNet LSI funds on City projects, those projects must be included within the SANDAG approved POP. The 2025 RTIP contains a detailed listing describing the major projects anticipated to be initiated through Fiscal Years 2028-2029. City projects that staff propose to be funded partially with TransNet revenues for the next five fiscal years are listed in the table below. The amounts in the table represent only the RTIP portion of the full amount the City will expend on each of these projects.
Del Mar’s Amended 2025 RTIP List of Programmed Projects
PROJECT
ID PROJECT TITLE FY 24/25
FY
25/26
FY
26/27
FY
27/28
FY
28/29
Totals
DM 01 Annual Street Maintenance $39,600 $39,600 $40,500 $41,700 $42,600 DM 02
Local Match to Bridge
Retrofit Projects (CDM
Bridge over San Dieguito
River Replacement Project)
$0 $0 $10,000 $10,000 $10,000
DM 06 Sidewalk, Street, and
Drainage Improvements $92,400 $92,400 $84,500 $87,300 $89,400 Five Year Forecast Totals $132,000 $132,000 $135,000 $139,000 $142,000 $680,000 RTIP Loan for Downtown Streetscape $135,000 $137,000 $137,000 $140,000 $141,000 $690,000 TransNet – LSI Carry Over $258,000 $258,000
TransNet LSI Estimated funds for Fiscal Year 2025-2029 1,628,000 The proposed list of programmed projects includes changes to the Annual Street Maintenance (DM 01) and Sidewalk, Street, and Drainage Improvements (DM 06) to reflect the overall decrease in the projected revenues for the next five years. Staff recommends deferring the use of RTIP funds for the Camino del Mar Bridge (DM 02) until Fiscal Year 2026-2027, when the project enters the construction phase. The City will continue using its local match budgeted funds for these projects throughout the five-year period.
The proposed Resolution (Attachment A) provides certification to SANDAG that the City:
1) will not spend more than 30% of annual revenues on maintenance-related projects; 2) 2 April 15, 2024 Item 10
City Council Agenda Report
Amendment to TransNet Local Streets Improvement Program April 15, 2024
will comply with TransNet requirements that all new and revised projects will accommodate travel by pedestrians and bicyclists; and 3) meets all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy 31.
The TransNet Extension Ordinance requires the City to expend a minimum annual level of local discretionary funds for street and road purposes throughout the five-year RTIP.
This Maintenance of Effort (MOE) requirement is adjusted every three years and audited on an annual basis. Currently, the City's annual MOE for use on streets and roads is $379,643, with an additional requirement that $17,493 be spent on specialized transportation services such as those provided by Del Mar Community Connections to seniors and persons with disabilities. Since the City’s MOE requirement is based on local sales tax generation, which includes Measure Q revenue, the City funds a proportionate share of its annual MOE requirement ($47,250) using Measure Q funds.
PRIOR CITY COUNCIL REVIEW:
On April 4, 2022, the City Council approved Resolution 2022-24 adopting the 2023 RTIP Program of Projects for Fiscal Years 2022-2023 through 2026-2027.
On April 3, 2023, the City Council approved an Amendment to the Transnet Local Street Improvement Program for Fiscal Years 2022-2023 through 2026-2027.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this item. The transportation related project expenditures and anticipated RTIP funding discussed in this report total $1,628,000 over the next five fiscal years. RTIP funding for specialized transportation and street and road services to meet the City’s MOE requirement is included in the FY 2024-25 Operating and Capital Budget.
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. Each project will receive the appropriate environmental review at time of implementation.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
TransNet funds support the City Council’s approved Tier 1 Capital Improvement Projects.
ATTACHMENTS:
Attachment A – Resolution Adopting City of Del Mar’s RTIP Program of Projects for FY 2024-2025 through FY 2028-2029
Attachment B – TransNet Revenue Forecast – Local Street Improvement Program 3 April 15, 2024 Item 10
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY/COUNTY OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING THE LIST OF DEL MAR
PROJECTS FOR INCLUSION IN THE TRANSNET LOCAL
STREET IMPROVEMENT PROGRAM OF PROJECTS FOR
FISCAL YEARS 2025 THROUGH 2029
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance), which has been amended from time to time in accordance with the applicable amendment requirements; and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of Del Mar was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2025 through 2029; and WHEREAS, the City of Del Mar has held a noticed public hearing with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Del Mar certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance-related projects, or that its expenditures are consistent with the most recent TransNet Extension Ordinance requirements adopted by SANDAG.
BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Del Mar certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Del Mar’s public hearing process.
BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Del Mar certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG.
4 April 15, 2024 Item 10
ATTACHMENT A
BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Del Mar certifies that it will exact $2,875.06 plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction (unless exempted under the TransNet Extension Ordinance,) and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP).
BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Del Mar certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated.
BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Del Mar certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs.
BE IT FURTHER RESOLVED that the City of Del Mar does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
BE IT FURTHER RESOLVED that the City of Del Mar agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Del Mar’s TransNet funded projects.
PASSED AND ADOPTED by the City Council of the City of Del Mar on the 15th day of April, 2024.
_____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
5 April 15, 2024 Item 10
ATTACHMENT A
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 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
6 April 15, 2024 Item 10
Draft 02/02/2024
Jurisdiction
January 2022
Population3
Maintained
Miles3 FY 2024* FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Carlsbad 115,585 430.36 $4,879 $4,927 $4,986 $5,049 $5,193 $5,326 Chula Vista 276,785 510.95 $9,150 $9,241 $9,352 $9,471 $9,742 $9,992 Coronado 22,277 45.43 $803 $810 $820 $829 $852 $872
Del Mar4 3,929 25.81 $134 $132 $132 $135 $139 $142
El Cajon 105,638 199.37 $3,544 $3,579 $3,621 $3,667 $3,771 $3,867 Encinitas 61,515 172.83 $2,353 $2,377 $2,405 $2,435 $2,503 $2,567 Escondido 150,679 325.84 $5,230 $5,282 $5,345 $5,413 $5,567 $5,709 Imperial Beach4 26,243 47.04 $524 $840 $925 $936 $962 $985 La Mesa 60,472 143.92 $2,191 $2,213 $2,239 $2,267 $2,331 $2,389 Lemon Grove 27,242 62.56 $1,004 $1,013 $1,025 $1,037 $1,066 $1,092 National City 61,471 104.02 $2,026 $2,046 $2,070 $2,096 $2,155 $2,209 Oceanside 173,048 429.14 $6,259 $6,322 $6,398 $6,479 $6,663 $6,834 Poway 48,759 179.96 $2,079 $2,100 $2,125 $2,151 $2,212 $2,267 San Diego 1,374,790 2,835.76 $46,006 $47,130 $47,699 $48,307 $49,694 $50,974 San Marcos4 93,585 187.75 $2,272 $2,300 $2,339 $2,381 $2,475 $2,562 Santee4 59,015 118.45 $1,233 $1,251 $1,270 $1,287 $1,336 $1,379 Solana Beach4 12,812 43.11 $238 $244 $250 $257 $272 $286 Vista 100,291 178.88 $3,318 $3,350 $3,390 $3,433 $3,530 $3,620 County4 2,322.41 $22,198 $22,437 $22,724 $23,031 $23,729 $24,373 513,170 Subtotal Street & Road*** 3,287,306 8,363.6 $115,441 $117,593 $119,115 $120,662 $124,191 $127,444 Local EMP5 $7,417 $7,491 $7,581 $7,677 $7,896 $8,098
Local Smart Growth5 $8,653 $8,739 $8,844 $8,956 $9,212 $9,447 *Estimate updated in January 2024.
**Revenue estimates for planning purposes only. Payments will be based on actual sales tax monthly receipts from the State Board of Equalization. *** Totals may not add up due to rounding
4. Revenues are net of estimated commercial paper and/or bond debt service payments
5. EMP to be distributed on a project by project basis; Smart Growth to be allocated based on Call for Projects process.
TransNet Revenue Forecast - Local Street Improvement Program1 Estimates for FY 2024 to FY 2029 (in $000s)**
1.Projection of revenues are based on estimate of growth rate on taxable sales as forecasted by SANDAG and excludes interest and prior year excess funds.
2. Distribution of revenue estimates are based on the 2004 Proposition A Extension: San Diego Transportation Improvement Program and Expenditure Plan and apportioned as follows: (a) $50,000 annual base per agency ; (b) balance distributed on a formula of 2/3 population and 1/3 maintained miles.
3. Population numbers are based on state Department of Finance (DOF) report of January 2022 population; Maintained miles figures are based on Caltrans 2022 California Public Road Data (December 2023).
ATTACHMENT B 7 April 15, 2024 Item 10
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 15, 2024
SUBJECT: San Dieguito Drive Improvements Project Update, Engineer’s Report Related to Project Benefits, and Proposition 218 Resolutions
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Receive an update on the San Dieguito Drive Improvements Project and presentation of the Engineer’s Report Related to Project Benefits; 2) Adopt a Resolution (Attachment A) Providing Intention to Levy Assessments for Fiscal Year 2024-25, Preliminarily Approving the Engineer’s Report, Providing for the Notice of Hearing, and the Mailing of Assessment Ballots for the San Dieguito Drive Improvement District; and 3) Adopt a Resolution (Attachment B) Adopting Procedures for the Proposition 218 Assessment Ballot Proceedings for the San Dieguito Drive Improvement District.
BACKGROUND
San Dieguito Drive is an approximately 1,000 linear foot private road with public access in the City of Del Mar that extends from the intersection of San Dieguito Drive and Racetrack View Drive to Oribia Road. The road is not part of the City’s public streets system and is not owned or maintained by the City. However, there is an easement on San Dieguito Drive that grants the City right-of-way for road and utility purposes (i.e., sewer, water, gas, power, and telephone lines).
Currently, San Dieguito Drive is in a deteriorated condition and in need of repair. For decades, the City has provided information and discussed alternatives with the adjacent property owners of San Dieguito Drive about how they could develop a road of sufficient quality and standards so that it could be considered for acceptance into the City’s streets and roadways system and added to the City’s regular street maintenance schedule. Unfortunately, efforts among residents over the years to mobilize themselves and address the road condition have been unsuccessful, and the road condition has continued to decline.
In an effort to work with residents to explore opportunities to improve the road to an acceptable condition and for the City to participate in doing so, the City Council authorized a task order with Michael Baker International (MBI) to conduct a Phase I Preliminary 1 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
Engineering Assessment for San Dieguito Drive, totaling $64,500. The intent of the Phase 1 assessment was to better understand the condition of the road and develop conceptual design alternatives and costs that could serve as the basis for a future capital improvement project to improve the road.
As an outcome of the Phase 1 work, the City Council reviewed four potential design alternatives to address San Dieguito Drive on September 5, 2023, and approved further study of a “Minimal Alternative” design. As a next step in the process, the Council authorized a $155,400 Task Order with MBI to proceed with the Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition. The initial amount of the Task Order was subsequently increased by $25,882, as approved by the City Council on April 1, 2024, to include necessary potholing, mark-outs, and California Environmental Quality Act (CEQA) work to complete the design and permitting for the project.
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 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, because it maintains the rural character of the neighborhood as envisioned in the City’s Community Plan and is the least impactful to existing private improvements, while providing the minimum necessary improvements to upgrade the road to public standards.
The preliminary estimated cost to design and construct the Minimal Alternative was $1.3 million. This amount included all costs associated with the project including Phase 1 and 2 engineering, environmental review, assessment consultant services, and construction.
Separate from the actual design of the road improvements is the determination of how the proposed road improvements and related costs will be paid for, who will contribute, and what the appropriate proportionate share should be for the project beneficiaries. To assist with this, on October 16, 2023, the City Council approved an agreement with SCI Consulting Group (SCI) to perform assessment engineering services including an analysis of the project scope and cost, special (private) and general (public) benefits resulting from the improvement project, planning and feasibility activities, development of a Proposition 218-compliant Engineer’s Report, balloting services, and community outreach for the purpose of forming an assessment district to fund the residents’ portion of the costs to improve San Dieguito Drive.
It should be noted that SCI Engineering is a highly qualified assessment engineering and public finance consulting firm that assists public agencies with revenue measures and administration. SCI has significant expertise in the area of assessment districts and are one of a few firms in California with experience in forming assessment districts for road improvements and maintenance. The Engineer of Work for this project, John Bliss, has over 20 years of assessment district experience and has formed more assessment districts than anyone else in the State of California.
2 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
DISCUSSION/ANALYSIS:
Resident Outreach/Engagement
Throughout this process, the City has engaged residents to explore ideas/solutions, answer questions and solicit input. This is a typical and standard process for the City and was particularly valuable in developing the Minimal Alternative project design that was ultimately supported by residents and the City Council. All documents and information related to this project and the resident coordination process to date including agenda reports, Q&A handouts, engineering and assessment studies/analysis, and meeting recordings can be found on the City’s website at: https://www.delmar.ca.us/883/San-Dieguito-DriveImprovements-Project.
Over the last few months, staff has continued to engage residents to better understand whether there is enough support to proceed with the actions necessary to formalize an assessment district and construction of the road improvements. This work includes distribution of an informal resident survey (Attachment C), two neighborhood meetings, individual discussions and onsite meetings with residents to answer questions and address their concerns, and distribution of Q&A documents (Attachments D and E) that provide comprehensive answers to questions received.
On March 5, 2024, a resident meeting was held to present SCI’s preliminary draft engineering analysis and an overview of the Proposition 218 process, answer resident questions, and solicit input. Following the resident meeting, staff posted a copy of SCI’s presentation, a link to the recorded meeting, and the Preliminary Draft Engineer’s Report on the City’s website for residents to review and provide feedback.
On April 3, 2024, a resident meeting was held to present MBI’s final design for the project, updated engineer’s cost estimate, and overall total project estimate. Attachment F includes an overview of the final design. A recording of the meeting and presentation by staff and MBI are available at the website link cited above.
Below is a summary of the key concerns and feedback that has been provided by residents to date:
Interest in minimizing impacts to private property improvements as much as possible. Ensuring the City is contributing to the project to the greatest extent possible. Ensuring that the property owners on San Dieguito Drive and Oribia Road and the City are paying “their fair share” toward the project improvements. Concerns from some Oribia Road residents that they aren’t responsible for San Dieguito Drive and shouldn’t have to pay or be included in the assessment district at all.
Concerns from some San Dieguito Drive residents that Oribia Road property owners should contribute a higher amount than identified in the Preliminary Draft Engineer’s Report.
3 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
Concerns that the general public benefit of 54% is too low and should be increased taking into consideration general use by the public related to the San Dieguito Lagoon and Crest Canyon Park and general benefits related to wildfire response/public health and safety.
There should be a higher project offset/credit related to undergrounding work.
As part of the resident outreach effort, City staff informally surveyed property owners about whether or not they would support the proposed assessment. Of the 31 properties surveyed, 20 (65%) responded. And of those, 17 (85%) indicated support for the proposed assessment.
The methodology for formal tabulation of the assessment ballots is described in Attachment B, which when applied to the informal survey results demonstrates a positive outcome and majority support among residents to move forward with the assessment process. The results of the informal property owner survey are summarized in the table below:
Zone Yes No Maybe Total
(A) San Dieguito Drive 11 1 0 12
(B) Oribia Road 6 1 1 8
Total 17 2 1 20
Final Project Design
The final design remains consistent with the Minimal Alternative previously approved by City Council, and includes the following details:
Removal of the existing 17 to 20 feet of deteriorated road. Installation of a new road section with 16 feet of asphalt with aggregate base and 3.5- foot concrete rolled curbs.
Provide a wider roadway for 20 feet of drivable surface. Improve drainage by installing a standard centerline crown, concrete rolled curbs, storm drain pipelines, and storm drain inlets.
Installation of two modular wetlands (stormwater quality BMPs). Installation of a retaining wall at the southwest corner of San Dieguito Drive and Racetrack View Drive to widen the roadway.
Reconstruction of driveways to conform to the new rolled curb profile.
The final project scope includes the minimum elements required for the improvements to meet minimum road standards and be accepted into the City’s street system for maintenance by the City moving forward. This is important because although it is not identified (legally precluded) as a special benefit to the property owners in the Engineer’s Report, there is significant benefit and cost savings to property owners in being relieved of future maintenance obligations for San Dieguito Drive once the improvement project is complete and the road is accepted into the City’s street maintenance system. Another potential benefit that is precluded from consideration as part of the Engineer’s Report is the increase in the market value to the properties that use San Dieguito Drive to access their properties.
Updated Estimated Total Project Costs
The total estimated cost to improve San Dieguito Drive is $1,269,039 (Appendix B of Attachment G). This estimate includes pre-construction, construction, and project 4 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
contingency costs. The pre-construction costs total $287,282, and include Phase 1 and 2 Engineering Services, required CEQA determination by MBI, and assessment engineering services by SCI. It should be noted that these costs, along with a significant amount of City staff time, have been invested in this project by the City with no certainty of return should the project fail to move forward. This work was done by the City as a necessary step to try and bring a final resolution to a long-standing issue of concern between the City and residents that has existed for decades. It has also been a clear expectation that should the project move forward that the property owners’ contribution toward the project would include a proportionate share of the pre-construction costs.
The estimated total construction cost for the project of $902,779, is based on MBI’s final engineer’s construction estimate (Attachment H), cost credits related to the City’s planned X1A Undergrounding Project and storm drain pipe replacement that will happen regardless of whether the San Dieguito Drive Improvement project proceeds, construction management and inspection services, and geotechnical services.
As reflected on Attachment I, a $87,067 construction estimate credit has been subtracted from the total construction estimate of $876,846 based on the estimated cost savings from constructing the San Dieguito Drive Improvements Project (SDD Project) along with the Utility Underground District (UUD) X1A (Crest Canyon) project and benefits from replacing the existing 12-inch Corrugated Metal Pipe storm drain that will require eventual replacement as part of the City’s standard maintenance. This credit represents an approximate cost savings of 10% to the construction estimate.
It should be noted that as part of the City’s citywide Undergrounding Program, the City is only responsible for resurfacing three (3) feet of asphalt per San Diego Regional Standard Drawings and is not responsible for replacement of an entirely deteriorated road as part of the undergrounding work. A reconciliation will be performed at the conclusion of the project to determine if an additional credit is needed based on the actual work performed as part of the X1A Undergrounding Project.
A project contingency of $78,978 is included for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction. The project contingency is calculated as 10% of the construction estimate minus the construction estimate credit. The reduced project contingency from the construction estimate credit results in additional $8,707 savings for a total project savings of $95,774.
Coordination with Utility Undergrounding District (UUD) XIA (Crest Canyon) It is anticipated that there will be some benefits related to cost savings and efficiencies, as well as reduced impacts to property owners, of bidding out and constructing the SDD and UUD X1A projects together. The SDD Project will be included as an additive alternate bid item as part of the UUD X1A bid package that the City could elect to move forward with or not depending on the outcome of the assessment formation process. Bidding the project this way will also help clearly identify the cost for the SDD Project. 5 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
If the SDD Project moves forward, the City intends to align the design and construction schedules for the SDD and UUD X1A projects. 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 SDD Project bid package is on schedule to be completed along with UUD X1A.
SCI Engineering Report
Consistent with City Council action on October 16, 2023, SCI consulting Group prepared an Engineer’s Report (Attachment G) to determine the relative private special benefits in proportion to the public general benefits of improving San Dieguito Drive. The report includes an overview of the project, legislative analysis, description of improvements, estimate of costs, method of apportionment, assessment, and assessment diagram. SCI utilized the following approach when determining the method of apportionment.
1. Identification of all special benefit factors and all general benefits derived from the Improvements.
2. Calculation of the proportion of these benefits that are general.
3. Determination of the relative special benefit within different areas within the Improvement District.
4. Determination of the relative special benefit per property type.
5. Calculation of the specific assessment for each individual parcel based in proportion to the special benefit it receives from the Improvements. The special benefits consider the location of the parcels in relation to the special benefits, property type, property characteristics, improvements on property and other supporting attributes.
The Engineer’s Report calculates the assessments for each benefitted parcel (privately owned land) located in the proposed assessment district, identified as Zones A and B, in direct proportion to the general benefits conferred to the general public from the improvements intended for San Dieguito Drive. As further detailed in their report, SCI has determined that at least 54% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the proposed assessment district.
To be clear, the basis for the inclusion of identified properties in the proposed assessment district is based on the special benefits those properties will receive from the SDD Project.
The assessment zones and recommended proportional assessment contributions are not based on whether or not those properties have a legal responsibility to maintain the road.
Based on the special nature of private San Dieguito Drive providing sole access to public Oribia Road and concerns raised by residents regarding the percentage of general benefit identified by SCI, related to general public use of San Dieguito Drive related to the San Dieguito Lagoon and general public benefit of an improved road related to fire suppression and emergency response, staff recommends the City Council consider contributing an amount up to 70% of the project costs. This additional up to 16% contribution over and above the minimum 54% contribution identified by SCI represents an approximately $200,000 increase in the City’s contribution to the project for a total City contribution of $888,239. 6 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024
If the City Council agrees to the increased contribution, the remaining $380,800 in project costs would be provided by the assessment district if passed by the property owners. The resulting contribution by San Dieguito Drive (Zone A) and Oribia Road (Zone B) property owners’ would be $11,847 and $7,193 per property, respectively. If approved by the Council, property owners would be given the opportunity to pay the assessment over a recommended 20‐year period on their property tax bill or pay the entire amount up front. Payments over a 20-year period would be $846.22 for Zone A (San Dieguito) and $423.11 for Zone B (Oribia) per year and are recommended to be interest free.
In addition to the 31 developed properties identified for inclusion in the proposed assessment district, there are 12 vacant properties. Vacant properties will not receive special benefits from the proposed SDD Project, and therefore would not be levied. As is typical practice, if any of the currently vacant parcels are developed while the assessment district is in effect, then the proposed assessment would apply to the newly developed parcel beginning in the fiscal year it is developed. However, this would only apply if San Dieguito Drive is the property’s sole means of ingress and egress.
Proposition 218 Ballot Process
Proposition 218 requires an Engineer’s Report supporting the proposed assessments, followed by a mailed ballot proceeding of property owners that would be included in the benefit assessment district. The City Council previously adopted a resolution on March 4, 2024, formally appointing SCI as the Engineer of Work and directing them to prepare the Engineer’s Report.
As part of the recommended action for this agenda item, staff is requesting that the City Council consider adopting a Resolution, included as Attachment A, which is legally required in order to initiate the Proposition 218 ballot process with property owners who receive an identified special benefit from the SDD Project. If the Resolution is approved, it will preliminarily approve the Engineer’s Report and will order the mailing of the Notice of Hearing and the ballots to owners of the benefiting properties so they can vote on the measure.
A minimum 45-day time period must be provided for the return of the assessment ballots.
Following the 45-day time period, the City Council will hold a public hearing in June 2024 to take public input and tabulate the responsive ballots and officially approve the Engineer’s Report. If the measure passes via a 50% weighted vote of the ballots received, the City Council will have the ability to order the levying of the assessments for Fiscal Year 2024-25 and future years until the assessment has been satisfied. The City would pay for all the improvement costs up front and recoup the residents’ share of the SDD Project costs at the rate and over the time period defined in the ballot measure.
A second Resolution, included as Attachment B, is not required by law but is recommended in order to clarify the ballot procedures the City intends to follow. This provides transparency with the public and is intended to answer procedural questions in advance for elements of the balloting process, which are not defined in Proposition 218 or otherwise in California law. 7 April 15, 2024 Item 11
City Council Agenda Report
San Dieguito Drive Improvements Project Update and Proposition 218 Resolutions April 15, 2024