delays. Without an adjustment in purchasing practices, these increases in costs and changes to market and supply chain trends have eroded the City’s purchasing efficiency, leading to greater outlays of time, staff effort, and missed purchasing opportunities within today’s tightened supply markets. Updating and revamping the City’s Purchasing Code to better align with current market conditions and industry standards and to improve operational efficiency is a Tier 2 priority on the City Council’s Work Plan.
DISCUSSION/ANALYSIS:
City staff conducted a comprehensive review of DMMC Title 7 and identified several key areas that can be updated and modernized to be in line with current industry best practices and market environment. Staff also reviewed purchasing policies of other municipalities in the region and took common practices into consideration. As a result, staff proposes the following changes to DMMC Title 7 outlined below to provide greater flexibility, administrative efficiencies, reduced costs, and enhanced ability to acquire goods and services in a timely manner.
Increase Purchasing Thresholds
DMMC Chapter 7.04 establishes purchasing thresholds for non-competitive bidding, and informal and formal bidding purchases. The cost of goods and services, as well as the size of the City’s budget have substantially increased since those thresholds were established in 1989. Staff analyzed regional practices for purchasing thresholds, which are outlined below:
• Non-competitive procurement thresholds vary from purchases below $1,000 (Imperial Beach) to below $30,000 (San Marcos); with $10,000 being the most common threshold (Coronado, Poway, Encinitas, Escondido, Chula Vista) • Thresholds separating informal bidding procurement from formal bidding procurement procedures vary from $15,000 (Lemon Grove) to $250,000 (Chula Vista public works projects), with $50,000 being the most common delineator (Solana Beach, Santee, National City, La Mesa).
Based on this analysis, staff recommends updating purchasing thresholds (DMMC Sections 7.04.040, 7.04.050, and 7.04.060) as described in the table below:
Type of Purchase Current Procurement
Threshold
Recommended Procurement
Threshold
No Competitive Bidding $1,500 or less $5,000 or less (“basic purchase”) Informal Bidding
(without public noticing)
$1,500.01 - $5,000 $5,000.01 - $60,000 (“minor
purchase”)
Informal Bidding
(with public noticing)
$5,000.01 - $15,000 Remove and combine with
informal bidding above
Formal Bidding $15,000.01 or more $60,000.01 or more (“major purchase”)
2 August 26, 2024 Item 12
City Council Agenda Report
Ordinance Amending the City’s Purchasing Code
August 26, 2024
As recommended, increasing the threshold for non-competitive bidding purchasing from $1,500 to $5,000 would result in staff time savings and the related cost savings, expedite the purchasing process, and provide the required supplies or services to the City in a more timely manner. Increasing the minimum threshold triggering formal bidding process from $15,000 to $60,000 would simplify the purchasing process for City staff, be consistent with the no-bidding threshold for Alternative Bid Process for public works projects, and would match the recommended City Manager’s purchasing authority as described further below.
Increase City Manager’s Purchasing Authority
The City frequently contracts with all manner of consultants in carrying out City services or projects and for the purchase of supplies and equipment to effectively run the City and its operations. Establishing a clear threshold whereby the City Manager can approve and execute a contract, or authorize a purchase, as opposed to requiring the approval of the City Council, facilitates effective City business, reduces costs associated with staff time, and improves operational efficiencies. Currently, DMMC Section 7.04.120 establishes the City Manager’s authority to award contracts and purchases up to $15,000.
Staff reviewed regional practices for the City Manager’s contract signing authority and found a regional range from $15,000 (Lemon Grove) to $250,000 (San Marcos and Chula Vista), with $50,000 and $100,000 being the most common practices. For comparison, some cities of similar size have the following City Manager’s signing authority:
• $15,000-$50,000 Lemon Grove (depending on the type of purchase); • $45,000 Imperial Beach;
• $50,000 Solana Beach;
• $60,000 Poway;
• $100,000 Coronado.
Accordingly, staff recommends the City Council increase the City Manager’s purchasing authority from $15,000 to $60,000, which would align with the recommended threshold for triggering the formal bidding procedure requirement. Consistent with the City’s existing regulations and practices, the Council-approved budget must be available for the goods or services for the City Manager to execute a contract or authorize a purchase.
City Council approval will still be required in circumstances where the cost of the goods or services exceeds the recommended $60,000 threshold, and/or if funds for the contract/purchase/project were not previously allocated by the City Council. Additionally, staff would continue presenting the contract award to the City Council for approval for asneeded professional services agreements without a defined contract amount.
Lastly, staff recommends clarifying that the City Manager’s signing authority includes task orders, one-time purchases, amendments, and change orders in the amount of up to $60,000 or the contingency amount authorized by the City Council for each individual project at the time of the contract’s approval.
3 August 26, 2024 Item 12
City Council Agenda Report
Ordinance Amending the City’s Purchasing Code
August 26, 2024
Establish Contractor Debarment Procedures
Occasionally, the City encounters situations when irresponsible contractors repeatedly submit bids with computational or other errors, have contract performance issues, fail to complete the project within a reasonable timeframe, have unjustified contract amount increases, or otherwise perform in an unsatisfactorily manner. While there are some legal remedies to correct a contractor’s performance, those contractors are not prohibited from submitting bids for future projects and being awarded other contracts if they are the lowest bidder.
In the public interest and for the municipal agencies’ protection, it is becoming more common for municipalities to establish procedures for irresponsible contractor debarment. Currently, four cities in the San Diego region have debarment provisions written in their municipal codes: Carlsbad, Escondido, San Marcos, and Poway. Staff recommends adding Chapter 7.06 – Debarment of Contractors, to establish procedures for temporary and permanent contractor department, which would allow the City Manager (or designee) to make a determination regarding a contractor debarment and prohibit the award and execution of contracts with a debarred contractor.
Include Administrative Clarifications
It is also recommended that several administrative revisions and clarifications be incorporated to modernize the Purchasing Code language and simplify the applicable procedures when possible. In particular, staff recommends:
• Adding sections for definitions (DMMC Section 7.04.015), emergency purchases (DMMC Section 7.08.090), and compliance provisions (DMMC Section 7.04.130). • Combining acquisition of services from architects, engineers, land surveyors, and construction management firms (current DMMC Chapter 7.16) with the acquisition of other professional services (DMMC Section 7.04.110) to simplify the process and clarify procurement procedures that apply to all similar professional services. • Clarifying and modernizing the procedures for professional services purchasing (DMMC Section 7.04.110).
• Clarifying and expanding the language related to cooperative purchasing, or “piggybacking” (DMMC Section 7.04.100).
• Adding a few exemptions from bidding common for other municipalities in the region, such as purchase of gasoline, information technology purchases, and payroll related activities (DMMC Section 7.04.090).
• Public noticing, security bond requirements, and the award process clarifications for formal bidding procurement (Section 7.04.060).
• Other administrative language clean-up and clarifications (DMMC Sections
7.04.020, 7.04.030, 7.08.020, 7.08.030, 7.20.040)
PRIOR CITY COUNCIL REVIEW:
• April 6, 2020 - Ordinance 959 amending DMMC Chapter 7.20 regarding Alternative Bid Procedures for Public Works Projects.
• April 2, 2012, the City Council added Chapter 7.20 (Alternative Bid Procedures for Public Works Projects) to the Del Mar Municipal Code.
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City Council Agenda Report
Ordinance Amending the City’s Purchasing Code
August 26, 2024
• May 18, 2009 - Ordinance 827 amending DMMC Chapter 7.04 regarding purchase of supplies, equipment and services, and Chapter 7.16 acquisition of services from architects, engineers, land surveyors, construction management firms. • November 6, 1989 - Ordinance 547 amending DMMC Chapter 7.04 regarding purchase of supplies and equipment.
• July 17, 1989 - Ordinance 534 amending DMMC Title 7 to add Chapter 7.16 regarding acquisition of services from architects, engineers, surveyors, construction management firms.
• September 2, 1986 - Ordinance 457 amending DMMC 7.04 regarding purchase of supplies and equipment.
• July 22, 1985 - Ordinance 414 adding DMMC Chapter 7.04 purchase of supplies and equipment.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Update of the City’s Purchasing Code is a Tier 2 Priority for Fiscal Year 2024-2025.
ATTACHMENTS:
Attachment A – Proposed Ordinance Amending DMMC Title 7 – Expenditures Exhibit A to Attachment A – Amended DMMC Title 7 – Expenditures (Clean) Attachment B – Redlined DMMC Title 7 – Expenditures
5 August 26, 2024 Item 12
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING TITLE 7 OF THE CITY OF DEL
MAR MUNICIPAL CODE – EXPENDITURES
WHEREAS, Government Code Section 54202 requires that every local agency adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency; and
WHEREAS, the City of Del Mar’s current purchasing system is set forth in the Del Mar Municipal Code (DMMC) Title 7 – Expenditures, which guides the process for the procurement of supplies, equipment, services, public works projects, and other related expenditures; and
WHEREAS, there have been significant increases to the San Diego regional consumer price index (CPI) since the City's last major revisions to its purchasing regulations; and
WHEREAS, the impacts of the COVID-19 pandemic have further hampered the City's ability to procure goods, equipment, and services in a timely manner due to lingering delays within supply chains; and
WHEREAS, a comprehensive review of DMMC Title 7 was conducted, and certain efficiencies were identified that could be realized with additional amendments to Title 7, including revising City Manager’s purchasing authority, bidding thresholds, and other administrative language clarifications to modernize and clarify procurement procedures; and
WHEREAS, based on the results of the regional procurement practices review and analysis, the City Council desires to modernize and clarify provisions of the DMMC Title 7 to increase the City Manager’s purchasing authority from $15,000 to $60,000, and to further clarify the City Manager’s signing authority to include task orders, amendments, and change orders in the amount of up to $60,000, unless a lower contingency was authorized by the City Council for each individual project at the time of the contract approval; and
WHEREAS, the City Council desires to increase procurement threshold for no competitive bidding from $1,500 or less to $5,000 or less (“basic purchase”); increase procurement threshold for informal bidding without public noticing from $5,000 or less to $60,000 or less (“minor purchase”); remove the category of informal bidding with public noticing; and increase procurement threshold for formal bidding from $15,000.01 or more to $60,000.01 or more (“major purchase”); and
WHEREAS, the City Council further desires to establish procedures for temporary and permanent debarment of contractors as an administrative sanction to be imposed only in the public interest for the City's protection; and 6 August 26, 2024 Item 12
Ordinance No. XXXX
WHEREAS, the City Council further desires to amend other various sections of DMMC Title 7 to incorporate administrative revisions and clarifications in order to modernize the language and simplify applicable procedures, when possible, as described in Exhibit “A” incorporated herein.
NOW THEREFORE, the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE
That the foregoing recitals are true and correct.
SECTION TWO
Title 7 of the Del Mar Municipal Code is hereby amended to read as shown in the attached Exhibit A, which is incorporated herein by this reference as though set forth in full at this point.
SECTION THREE
If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION FOUR
This Ordinance was introduced by the City Council on August 26, 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
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 of the City of Del Mar, California, held this 9th day of September 2024. ________________________________
Dave Druker, Mayor
City of Del Mar
7 August 26, 2024 Item 12
Ordinance No. XXXX
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, 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 9th day of September, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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Del Mar, California, Municipal Code
TITLE 7 EXPENDITURES
Del Mar, California, Municipal Code Created: 2024-02-23 09:16:09 [EST] (Supp. No. 8, Update 5)
TITLE 7
EXPENDITURES
Chapter 7.04 PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES
7.04.010 Purpose.
The purposes of this Chapter are to define the centralized system of the City of the purchase of supplies, equipment and services to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and the integrity of the purchasing system.
(Ord. No. 547; Ord. No. 827)
7.04.015 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Appropriation” refers to funds set aside through the budgeting process by the City Council for a specific use.
B. “Best Value” means the best value to the City based on all factors, including, but not limited to, the following:
1. Cost;
2. The ability, capacity and skill of a vendor/contractor/consultant to perform a contract or provide the supplies, services or equipment required;
3. The ability of a vendor/contractor/consultant to provide the supplies, services or equipment promptly or within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a vendor/contractor/consultant;
5. The quality of a vendor/contractor/consultant’s performance on previous purchases by the City; and
6. The ability of a vendor/contractor/consultant to provide future maintenance, repairs, parts and services for the use of the supplies purchased.
C. “Change Order” is synonymous to “amendment” and is a written amendment executed by both parties to a contract modifying the terms of an existing contract. A change order may revise, add to, or delete previous requirements of the work, adjust the contract sum, or adjust the time for completion of the contract.
D. “Contract” is synonymous to “Agreement” and, regardless of which term is used, it means an agreement between the City and one or more other parties for the purchase or disposition of goods, services, professional services, and/or construction projects.
E. “Cooperative Purchasing” is a form of purchasing that utilizes the competitive pricing and terms of a contract or program entered into by another government entity or cooperative program that includes other governmental agencies following a bidding process (also referenced as "piggybacking"). 9 August 26, 2024 Item 12
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F. “Debarment” or “Debarred” means the administrative action taken by the City to declare that a Contractor is ineligible to submit a bid, or be awarded a service, procurement, public works contract, or any other contract with the City. Debarment is an administrative sanction to be imposed only in the public interest for the City's protection, and is not imposed for purposes of punishment.
G. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Determination of an "emergency" is defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare.
Determination of emergency shall not require a formal proclamation, but shall be based upon the sound judgment and discretion of the City Manager or an authorized Purchasing Officer, as applicable.
H. “Responsible Bidder” means a bidder determined by the awarding authority to have demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract, including but not limited to being able to provide future maintenance, repair, parts and service for the use of the goods purchased, and if applicable; and having a record of satisfactory performance under prior contracts with the City or other purchasers where such bidder has previously been awarded such contract.
I. “Responsive Bidder” means a bidder determined by the City to have submitted a bid or proposal that conforms in all material respects to the requirements of the bid, contract, or proposal documents.
J. “Professional Services” means all professional or special services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Professional services are performed by persons in a professional occupation, provide a recommended course of action or personal expertise, or provide an end product or service. Professional services include, but are not limited to, consulting and performing services for accounting, auditing, computer hardware and software support, architectural, engineering, planning, environmental, land surveying, construction project management, redevelopment, financial, economic, personnel, social services, animal control, legal, management, communication, and other similar professional functions which may be necessary for the operation of the City.
K. “Proposal” is synonymous to “bid” and means an offer at set prices and terms or an offer to enter into a contract submitted in response to a notice inviting bids or a request for proposals or request for qualifications.
L. “Purchases” means supplies, materials, equipment and personal property and any transaction by which the City acquires ownership, as well as leases or rentals.
M. “Specifications” means the description of the physical and/or functional characteristics or of the nature of the required goods, services, professional services, and/or construction projects.
N. “Task Order” is a type of sub-contract issued by the City to a vendor/consultant/contractor who has already been awarded the initial contract. Task Orders are intended to initiate a specific job to meet the over-arching goals of the main contract.
7.04.020 Purchasing Officer.
A. A "Purchasing Officer" is each department head of the City or their designee for the department they oversee.
B. In addition to administering the other procedures of this Chapter, the Purchasing Officer:
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1. Shall keep informed of current developments in market conditions and new products and shall maintain records needed for the efficient purchase of supplies and equipment for the Purchasing Officer's department
2. Shall first consider sources of supplies, services and equipment located within the City;
3. Shall inspect supplies and equipment delivered to determine their conformance with the specifications, and may require the vendor to reimburse the City for the performance of chemical and physical tests on samples;
4. For services, shall review the services performed by the consultant/service provider and authorize payment only after determining services have been satisfactorily performed.
C. The City Manager may authorize, in writing, a City employee to purchase specified supplies and equipment, independently from the Purchasing Officer of a City department. The authorized employee shall comply with the procedures of this Chapter and shall make periodic reports to the City Manager on the status of the purchase. The City Manager shall ensure that each individual so authorized has filed a financial disclosure statement in accordance with this Code.
7.04.030 Determination of Requirement and Status for Purchasing Supplies, Services and Equipment.
A. The adopted budget for each department shall include the needs for supplies and equipment of that department during the fiscal year.
B. Each Purchasing Officer shall ensure that sufficient documentation is submitted with the request for payment to demonstrate compliance with the procedures of this Chapter and to justify the acquisition and acceptance of the supplies or equipment.
C. Each Purchasing Officer shall submit a report to the City Manager showing all supplies and equipment on hand in the department that are no longer useful to the department upon request. The Purchasing Officer may exchange or trade in such supplies and equipment as part of a purchase only after approval from City Manager. The City Manager may direct the transfer of surplus supplies and equipment to another City department. The City Manager may direct the disposal of such surplus supplies and equipment. The City Manager shall have the authority to delegate the disposal of such surplus and equipment as set forth in this Chapter by memorandum or by administrative order.
7.04.040 Basic Purchase —$5,000.00 or Less.
If the estimated value of the purchase of supplies, services or equipment is $5,000.00 or less, the Purchasing Officer may:
A. Select a vendor, without bid;
B. Complete the purchase transaction or place the order; and C. After supplies, services or equipment have been received, submit the invoice to the Finance Division head for placement on the warrant list/list of demands.
7.04.050 Minor Purchase —$5,000.01 - $60,000.00.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $5,000.01 or more, but less than $60,000.01, the Purchasing Officer shall:
A. Solicit informal bids/proposals by written and telephonic request to prospective vendors. 11 August 26, 2024 Item 12
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B. Require bids/proposals to be in writing and transmitted to the City as specified in the bid documents.
C. Seek at least three bids/proposals, unless the purchase qualifies for exemption procedure set forth in Chapter 7.04.090.
D. Recommend the responsible and responsive bidder in conformity with the specifications and/or qualifications as appropriate.
1. If the goods, services, and/or equipment specified in the request are of a generic quality and a vendor with particular attributes is not required to meet the needs of the City and the purposes of this chapter, then the Purchasing Officer shall select the bidder whose proposal offers to sell the supplies/equipment at the lowest price.
2. If vendor reliability, experience, availability, or expertise is a component of meeting the needs of the City and the purposes of this Chapter, then the Purchasing Officer shall award a purchase based on best value and need not necessarily purchase from the bidder proposing the lowest price.
E. Prepare and submit a requisition to the Finance Division head for approval.
F. The Finance Division head or their designee will issue a purchase order to the selected vendor.
G. After supplies, services or equipment have been received, the Purchasing Officer shall submit the invoice to the Finance Division head for placement on the warrant list/list of demands.
H. The Purchasing Officer shall have the option to purchase goods, services, and/or equipment in an amount of $5,000.01 or more, but less than $60,000.01, utilizing the formal bidding procedure set forth in Chapter 7.04.060.
7.04.060 Major Purchase—$60,000.01 or more.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $60,000.01 or more, the following provisions shall be satisfied:
A. If funds have not been appropriated in the current fiscal year for the supplies, services or equipment, the Purchasing Officer shall receive authorization from City Council to solicit bids and/or proposals.
B. Provided the City Council has authorized the solicitation of bids and/or proposals or funds have been appropriated in the current fiscal year, the Purchasing Officer shall proceed as follows:
1. For the purchase of supplies, equipment, and services, excluding professional services, the Purchasing Officer shall publish an electronic notice soliciting bids/proposals on the City’s website at least fifteen days before the date of opening of the bids or proposal submittal date.
2. For the purchase of Public Works construction and capital improvement projects that are not subject to the alternative bidding procedure as set forth in Chapter 7.20, a notice soliciting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The first publication or posting of the notice shall be at least 15 days before the date of opening the bids. In addition to posting the Notice on the City’s website or bid platform, the Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, or as required by the Public Contract Code.
C. The Purchasing Officer shall include in the notice soliciting bids/proposals:
1. The requirement that the bid/proposal be in writing.
2. For Public Works construction and capital improvement projects, the requirement that the bid must be sealed.
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3. A general description of the supplies, services or equipment sought to be purchased.
4. The location where bid blanks, specifications and/or required services and qualifications may be obtained.
5. The time and place for opening bids/proposals.
6. The security required, if any.
7. The Purchasing Officer has authority to require a performance and/or payment bond as a condition of any contract in such amount as is reasonably necessary to protect the best interests of the City. If the Purchasing Officer requires a performance/payment bond, the form and amount of the bond shall be described in the notice inviting bids.
D. The Purchasing Officer may require a security deposit to be submitted as a condition for considering a bid/proposal. The amount of the security deposit shall be sufficient to reimburse the City for costs incurred if the bidder is successful but fails to execute the contract or fails to perform obligations under the contract. Bid security shall be returned to each unsuccessful bidder. A successful bidder shall forfeit their security upon refusal or failure to execute a contract within 15 days after notice of award of that contract, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
E. The City Clerk or their designee shall open the sealed bids in public and non-sealed bids/proposals internally and submit to the City Council a recommendation regarding the award of the contract.
F. The City Council may award the contract to the responsible and responsive bidder submitting the lowest bid for Public Works constructions and capital improvement projects, in conformity with the specifications, or to other bidder for other services, or may reject all bids presented, or waive any minor irregularity or informality in such bids.
G. If two or more bids received are of the same total amount, the City Council may award the contract to the bidder of the Council’s choice or direct the Purchasing Officer to further negotiate with the tie bidders and award the contract to the lowest negotiated bidder.
H. After the City Council awards the contract, the Purchasing Officer may submit a purchase requisition to the Finance Division head to encumber the funds.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.080 Emergency Purchases
In case of an emergency as defined in Section 7.04.015 of this Chapter, which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Officer to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure; provided, however, that any expenditure exceeding the City Manager's established approval authority shall be later ratified by the City Council at the first available public meeting following the commitment to the expenditure.
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7.04.090 Exemption from Bidding.
Where otherwise required by this Chapter, the following procurements, contracts or transactions are exempted from the provisions of this Chapter, at the discretion of the City Manager:
A. Emergency procurements for construction, equipment, repairs, goods, and/or services; B. Goods and/or services that can be reasonably obtained from only a single source; C. Sufficient, satisfactory bids are not received or after solicitation of a number of sources, competition is determined inadequate;
D. Items required to match or be compatible with other goods, furnishings, materials or equipment previously purchased by the City;
E. Goods, furnishings, types of materials or equipment that have been standardized for the City by the City Manager or by the City Council;
F. Utility services and related charges;
G. Goods, services and/or professional services obtained from or through agreement with any governmental, public or quasi-public agency where the agency contracted for goods, services and/or services through a competitive process as described in Section 7.04.100; H. Real property leases or purchases and related title and escrow fees, to the extent permitted by law; I. Insurance and bonds;
J. Advertising in magazines, newspapers or other media; K. Works of art, entertainment or performers;
L. Library collection materials or services or other books or periodicals; M. Membership dues, conventions, training, travel arrangements including hotels, car rentals and airfare; N. Surplus personal property owned by another government, public or quasi-public entity; O. Public projects governed by alternative bidding procedures as set forth in Chapter 7.20; P. Purchases of gasoline, oil or emergency automotive needs; Q Transportation and freight charges when not specifically included on a purchase order; R. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; S. Information technology purchases and software licensing, maintenance or upgrades to existing software purchased from the same contractor;
T. Payroll related activities or transactions;
U. For procurement under award of Federal assistance, when the Federal awarding agency or passthrough entity expressly authorizes noncompetitive proposals in response to a written request from the City;
V. Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City.
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7.04.100 Cooperative Purchasing.
The Purchasing Officer shall have the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the Purchasing Officer to be in the City's best interest. For purposes of this section, the determination of whether it is in the City's best interest shall include consideration of whether the procedure used by the public or quasi-public entity was competitive or otherwise resulted in a competitive price. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner. Such cooperative purchasing programs and agreements include, but are not limited to, the California Multiple Award Schedules program (“CMAS”), the U.S. General Services Administration (“GSA”) Multiple Award Schedule program, Sourcewell, the U.S. Communities Government Purchasing Alliance, and other similar programs. The Purchasing Officer also may purchase from the United States of America or any state, municipality or other public corporation or agency without following formal or informal purchasing procedures.
7.04.110 Professional Services.
For purposes of this section, Professional Services as defined in Section 7.04.015 of this Chapter, shall be purchased as follows:
A. It is in the best interest of the public, as allowed by State law, that contracts for professional and special services be awarded based on the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Officer may negotiate with qualified firms or individuals to obtain a fair and reasonable price for the services to ensure best value to the City and is not required to award a contract to the lowest responsible bidder.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder.
B. Procurement of professional or special services where the total cost of services provided in a contract period is $60,000.00 or less shall be made using simplified and cost effective operational procedures and forms approved by the City Manager and in accordance with Section 7.04.050 of this Chapter.
C. Professional or special services where the cost of services provided in a contract period is $60,000.01 or more, or has no pre-determined cost (for example, as-needed services) shall be procured as follows:
1. The Purchasing Officer shall obtain the names of at least three firms or individuals that are, or have within the preceding 12 months, provided substantially similar services to public agencies.
The Purchasing Officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can reasonably provide the professional services, and it is in the best interest of the City to waive the requirement.
2. A request for proposal or qualifications shall be published on the City’s website and provided to all potential candidates outlining the scope of services required, time frame for completion, pricing structure, liability insurance information and coverage and other pertinent information.
Professionals must submit their responses in the specified format no later than the stated final due date for proposals. The response must include written acceptance of the terms of City’s standard agreement, Including liability and other insurance coverage requirements.
3. The evaluation process will be based on the criteria stated in the request for proposal but will generally include the scope of services offered, the professional's capabilities and previous experience in the field.
4. After the proposals are evaluated, the Purchasing Officer may negotiate an agreement with the selected professional. If an agreement is not reached within a reasonable time, the Purchasing 15 August 26, 2024 Item 12
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Officer may terminate discussion with the first candidate and open negotiations with the second choice.
5. The City Council shall approve agreement for as-needed professional services with no predetermined contractual cost or those with the total contractual cost exceeding City Manager’s signing authority.
6. The City Council may waive the bid requirements of this chapter when it is necessary or convenient for the management of the City's affairs.
7. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
D. The City Manager may develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data. The Purchasing Officer may directly solicit proposals from appropriate firms from the list in-lieu of competitive solicitation.
7.04.120 City Manager Contracting Authority.
A. The City Manager shall have the authority to award the contracts as below.
1. All procurement of professional services, supplies, goods and/or materials, capital outlay items approved by the City Council during the applicable budget year for which the total contractual cost to the City is $60,000.00 or less.
2. Change orders/amendments, including term extensions, for contracts for the purchases of supplies, services and equipment provided the total contractual cost does not exceed the lesser $60,000.00 or the contingency amount set when the initial contract was awarded, and sufficient unencumbered funds exist or have been previously appropriated for the specific contract. In circumstances when the Council-approved contingency exceeds $60,000.00, and the delay in work is anticipated to result in significant costs, the City Manager is authorized to execute a single change order up to the full amount of the approved contingency, provided that there are sufficient funds in the allocated project budget.
The City Manager shall report the change order to the City Council at its next regularly scheduled meeting.
3. Task orders for as-needed agreements approved by City Council with each task order amount not exceeding $60,000.00.
4. Task orders for as-needed agreements approved by City Council for any task order amount if the City acts as a pass-through agency and the cost is covered by a third party.
5. Public Works projects in accordance with Chapter 7.20.020 of this Chapter.
6. Emergency purchases exceeding $60,000.00 as set forth in Chapter 7.04.080
7. Notwithstanding the foregoing, any change order that results in the need for additional budget appropriation or that is in excess of the City Manager’s authority as described above shall be approved by the City Council.
B. The City Manager shall approve alternate procurement methods, if appropriate, for use on an experimental basis, and recommend to the City Council additions, deletions or modifications to the City's procurement methods.
C. The City Manager shall have the authority to delegate the awarding of contracts, amendments and change orders for goods and services as set forth in this Chapter by memorandum or by administrative order. 16 August 26, 2024 Item 12
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D. Upon request of the City Council, the City Manager shall submit a report to the City Council identifying all contracts, including the amount of each contract that has been awarded administratively.
7.04.130 Compliance Required—Effect of Noncompliance.
No obligation for the payment of supplies, services and equipment shall be incurred by the City except as prescribed by this Chapter. Any agreement entered into contrary to the provisions of this Chapter shall be void and any claim or demand against the City based thereon shall be invalid.
Chapter 7.06 DEBARMENT OF CONTRACTORS
7.06.010 Purpose.
Debarment is an administrative sanction to be imposed only in the public interest or for the City’s protection, and not for purposes of punishment. Debarment is designed to ensure full and open competition by granting awards only to responsible contractors. Debarment prohibits the awarding of contracts to, and the execution of contracts with, a debarred contractor. This Chapter establishes debarment and the procedure for imposition of debarment.
7.06.020 Grounds for Temporary Debarment.
In addition to all other remedies permitted by law, upon a finding of grounds as set forth in this Chapter, the Assistant City Manager, or designee, may declare debarment of a contractor for any of the following reasons:
1. Two or more counts of computational or other errors in bid submission within a two-year period;
2. Failure or refusal to timely provide or properly execute contract documents, meet bonding or insurance requirements acceptable to the City in the time periods required by the contract;
3. Unsatisfactory performance of contract, including, but not limited to:
(a) material breach of the contract or failure or refusal to honor or observe contractual obligations or legal requirements pertaining to the contract;
(b) unjustified failure to complete the required work on time and/or within budget; (c) substandard quality of work and/or materials;
(d) failure or refusal to properly perform or complete contract work or warranty performance.
4. Violations of any labor or safety statutes, regulations or standards including, but not limited to, applicable local, state, or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, and nondiscrimination requirements;
5. Violations of any law or regulation governing the handling, transfer, storage, or disposal of hazardous materials or hazardous waste, or of solid waste generated in connection with construction or demolition;
6. Submission of a bid, proposal, or other document which is known by contractor to be false, or the submission of a false or fraudulent claim;
7. Knowingly doing business with a debarred third party in performance of any City contract awarded after debarment of said third party;
8. Any finalized debarment of the contractor by another governmental agency on grounds justifying debarment under this Chapter, during the period of such debarment; 17 August 26, 2024 Item 12
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9. The contractor, subcontractor or consultant performs, or fails to perform, the contract in such a way that environmental damage results, or a violation of environmental laws or permits is committed.
7.06.030 Grounds for Permanent Debarment.
Any of the following may constitute grounds for permanent debarment of the contractor, subcontractor or consultant:
1. A final conviction under any state or federal statute or municipal ordinance, including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed below:
A. Fraud, bribery, collusion, conspiracy, theft, bid rigging, forgery, falsification, or destruction of records, receiving stolen property, perjury, embezzlement, or any other similar crime; B. For commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such contractor subcontract; C. For any offense, action, or inaction indicating a lack of business integrity or business honesty.
2. The contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
3. Person(s) representing contractor committed an act or omission so serious or compelling in nature that it affects the present responsibility of the contractor to be awarded a contract or to participate as a subcontractor.
7.06.040 Determination and Notice.
If grounds for debarment are found to exist under sections 7.06.020 or 7.06.030 above, the Assistant City Manager shall state the determination and the basis thereof in writing, and shall deliver a copy of such determination notice to the contractor via personal delivery or United States mail in a manner ensuring written confirmation of delivery.
7.06.050 Appeal Process.
The contractor shall have the opportunity to rebut any evidence used as a basis for the debarment and to present evidence to the City relating to why the contractor should not be debarred. The contractor may give written notice requesting the appeal to the City Clerk within ten (10) days following service of the City's debarment determination. Within thirty (30) days following receipt of the request for an appeal, the City Manager shall hear the appeal and may affirm or reverse the debarment or reverse the debarment. The City Manager's appeal determination shall serve as the City's final determination, and serves to exhaust the contractor's administrative remedies.
7.06.060 Term and Effect of Debarment.
A. Debarment constitutes debarment of all divisions or other organizational elements of the contractor for an initial period of up to three (3) years, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities, or unless the debarment is made permanent pursuant to Chapter 7.06.030 above.
B. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager, or designee, may review the record of the evidence presented during the debarment proceedings, as well as any additional facts or information relevant to a review of the debarment. The Assistant City Manager may extend the existing non-permanent debarment, for an additional period of up to two (2) years, if the Assistant City Manager determines that such extension is necessary to protect the public interest. The appeal procedures established by Chapter 7.06.050 above, shall be applicable to such decision.
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C. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager may shorten the debarment period for any reason which obviates the need for the debarment or which indicates a shorter debarment period will adequately protect the public interest.
Such reasons include, but are not limited to, the following:
(a) Newly-discovered material evidence that was not previously available to the parties; (b) Reversal of the conviction, civil judgment, or administrative penalty or sanction upon which the debarment was based;
(c) Bona fide changes in ownership or management;
(d) Elimination of other grounds for which debarment was imposed.
7.06.070 Continuation of Existing Contracts.
Debarment shall be deemed a material breach of any other contract between the City and the contractor, and any existing contracts between the City and the contractor may be terminated immediately upon debarment.
Notwithstanding the foregoing, the City may continue any and all contracts in existence at the time of debarment, upon a determination by the City Manager that such renewal or extensions is in the best interest of the City.
7.06.080 List of Debarred Contractors.
The City Clerk shall maintain a current consolidated list of all debarments. The list shall indicate the names and addresses of all debarred contractors, the grounds for debarment, and the termination date for each listing.
After the opening of bids or receipt of proposals, the City Clerk shall review the list of the debarments. Bids received from any listed contractor shall be recorded as received, and then rejected by reason of debarment.
Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive process by the applicable City department during the period the contractor is on the debarment list.
Chapter 7.08 PAYMENT OF DEMANDS
7.08.010 Purpose.
It is the purpose of this Chapter to describe procedures for the processing and payment of demands, bills, and other claims against the City arising out of contract, including bills for labor, material, and supplies furnished, not including payroll or claims for damages.
(Ord. No. 483)
7.08.020 Submission of Demand.
A. The demands shall contain a brief description of the labor, material, or supplies furnished, and the date and price.
B. The demands shall be accompanied by a requisition/purchase order signed by the City official ordering the labor, material, or supplies.
C. Contracts executed by the City calling for specific payments on specified dates shall constitute a demand for payment on such dates.
D. Demands shall be submitted to the Finance Division head. 19 August 26, 2024 Item 12
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7.08.030 Register of Demands.
A. The Finance Division head shall prepare a register of demands containing demands submitted over a preceding period of time. The Finance Division head shall sign a certificate on the register of demands that:
1. Each demand on this register reflects an indebtedness authorized by this City;
2. The financial data is correct; and
3. There are funds available to pay each demand.
B. When the register of demands has been certified by the Finance Division Head, it shall be submitted to the City Council for approval or rejection.
C. When the register of demands has been approved by the City Council, the City Clerk shall note the date on which the register was approved and the Mayor shall sign the document authorizing payment.
Chapter 7.20 ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
7.20.010 Purpose.
The purpose of the following sections is to establish alternative bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").
(Ord. No. 866; Ord. No. 959 , § 1, 4-6-2020)
7.20.020 Alternative Bid Procedures.
Public projects, as defined by the Act and in accordance with the limits listed below pursuant to the Public Contract Code, may be let to contract by Alternative procedures. The applicable thresholds (provided below for reference purposes) shall be as provided in the Public Contract Code as the same may be amended from time to time.
A. Public projects of $60,000.00 or less may be performed by City employees by force account, by negotiated contract, or by purchase order.
B. Public projects of $60,000.01 -$200,000.00 may be let to contract by Alternative procedures as set forth in this Chapter. If all bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
C. Public projects of more than $200,000.00 shall, except as otherwise provided in the Act and this Chapter, be let to contract by formal bidding procedures. (Ord. No. 959 , § 1, 4-6-2020)
7.20.030 Contractors List.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (the "Commission").
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7.20.040 Notice Inviting Alternative Bids.
A. Where a public project is to be performed pursuant to Subsection B of Section 7.20.020, a notice inviting Alternative bids shall be mailed, faxed, or e-mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.
1. If there is no list of qualified contractors maintained by the City for the category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting information bids may be sent exclusively to such contractor or contractors.
B. All mailing of notices to contractors and construction trade journals pursuant to Subsection A shall be completed not less than 15 calendar days before bids are due.
C. The notice inviting Alternative bids shall describe the project in general terms and how to obtain more detailed information about the project and shall state the time and place for the submission of bids. (Ord. No. 959 , § 1, 4-6-2020)
7.20.050 Award of Contracts.
The City Manager, or designee, is authorized to award contracts pursuant to Subsections A and B of Section
7.20.020 of this Chapter.
(Ord. No. 959 , § 1, 4-6-2020)
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Del Mar, California, Municipal Code
TITLE 7 EXPENDITURES
Del Mar, California, Municipal Code Created: 2024-02-23 09:16:09 [EST] (Supp. No. 8, Update 5)
TITLE 7
EXPENDITURES
Chapter 7.04 PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES
7.04.010 Purpose.
The purposes of this Chapter are to define the centralized system of the City of the purchase of supplies, equipment and services to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and the integrity of the purchasing system.
(Ord. No. 547; Ord. No. 827)
7.04.015 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Appropriation” refers to funds set aside through the budgeting process by the City Council for a specific use.
B. “Best Value” means the best value to the City based on all factors, including, but not limited to, the following:
1. Cost;
2. The ability, capacity and skill of a vendor/contractor/consultant to perform a contract or provide the supplies, services or equipment required;
3. The ability of a vendor/contractor/consultant to provide the supplies, services or equipment promptly or within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a vendor/contractor/consultant;
5. The quality of a vendor/contractor/consultant’s performance on previous purchases by the City; and
6. The ability of a vendor/contractor/consultant to provide future maintenance, repairs, parts and services for the use of the supplies purchased.
C. “Change Order” is synonymous to “amendment” and is a written amendment executed by both parties to a contract modifying the terms of an existing contract. A change order may revise, add to, or delete previous requirements of the work, adjust the contract sum, or adjust the time for completion of the contract.
D. “Contract” is synonymous to “Agreement” and, regardless of which term is used, it means an agreement between the City and one or more other parties for the purchase or disposition of goods, services, professional services, and/or construction projects.
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E. “Cooperative Purchasing” is a form of purchasing that utilizes the competitive pricing and terms of a contract or program entered into by another government entity or cooperative program that includes other governmental agencies following a bidding process (also referenced as "piggybacking").
F. “Debarment” or “Debarred” means the administrative action taken by the City to declare that a Contractor is ineligible to submit a bid, or be awarded a service, procurement, public works contract, or any other contract with the City. Debarment is an administrative sanction to be imposed only in the public interest for the City's protection, and is not imposed for purposes of punishment.
G. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Determination of an "emergency" is defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare.
Determination of emergency shall not require a formal proclamation, but shall be based upon the sound judgment and discretion of the City Manager or an authorized Purchasing Officer, as applicable.
H. “Responsible Bidder” means a bidder determined by the awarding authority to have demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract, including but not limited to being able to provide future maintenance, repair, parts and service for the use of the goods purchased, and if applicable; and having a record of satisfactory performance under prior contracts with the City or other purchasers where such bidder has previously been awarded such contract.
I. “Responsive Bidder” means a bidder determined by the City to have submitted a bid or proposal that conforms in all material respects to the requirements of the bid, contract, or proposal documents.
J. “Professional Services” means all professional or special services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Professional services are performed by persons in a professional occupation, provide a recommended course of action or personal expertise, or provide an end product or service. Professional services include, but are not limited to, consulting and performing services for accounting, auditing, computer hardware and software support, architectural, engineering, planning, environmental, land surveying, construction project management, redevelopment, financial, economic, personnel, social services, animal control, legal, management, communication, and other similar professional functions which may be necessary for the operation of the City.
K. “Proposal” is synonymous to “bid” and means an offer at set prices and terms or an offer to enter into a contract submitted in response to a notice inviting bids or a request for proposals or request for qualifications.
L. “Purchases” means supplies, materials, equipment and personal property and any transaction by which the City acquires ownership, as well as leases or rentals.
M. “Specifications” means the description of the physical and/or functional characteristics or of the nature of the required goods, services, professional services, and/or construction projects.
A.N.“Task Order” is a type of sub-contract issued by the City to a vendor/consultant/contractor who has already been awarded the initial contract. Task Orders are intended to initiate a specific job to meet the over-arching goals of the main contract.
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7.04.020 Purchasing Officer.
A. Each department head of the City is designated as Aa "Purchasing Officer" is each department head of the City or their designee for that department head's departmentthe department they oversee.
B. In addition to administering the other procedures of this Chapter, the Purchasing Officer:
1. Shall keep informed of current developments in market conditions and new products and shall maintain a bidders list, vendors catalogue file, and records needed for the efficient purchase of supplies and equipment for the Purchasing Officer's department;
2. Shall first consider sources of supplies, services and equipment located within the City;
3. May prescribe and maintain such forms and supplemental procedures as are reasonably necessary for the operation of the Purchasing Officer's department in accordance with this Chapter; and
34. Shall inspect supplies and equipment delivered to determine their conformance with the specifications, and may require the vendor to reimburse the City for the performance of chemical and physical tests on samples.
54. For services, shall review the services performed by the consultant/service provider and authorize payment only after determining services have been satisfactorily performed.
C. The City Manager may authorize, in writing, a City employee to purchase specified supplies and equipment, independently from the Purchasing Officer of a City department. The authorized employee shall comply with the procedures of this Chapter and shall make periodic reports to the City Manager on the status of the purchase. The City Manager shall ensure that each individual so authorized has filed a financial disclosure statement in accordance with this Code.
7.04.030 Determination of Requirement and Status for Purchasing Supplies, Services and Equipment.
A. The adopted budget for each department shall include the needs for supplies and equipment of that department during the fiscal year.
B. Each Purchasing Officer shall ensure that sufficient documentation is submitted with the request for payment to demonstrate compliance with the procedures of this Chapter and to justify the acquisition and acceptance of the supplies or equipment.
C. Each Purchasing Officer shall submit a report to the City Manager showing all supplies and equipment on hand in the department that are no longer useful to the department upon request. The Purchasing Officer may exchange or trade in such supplies and equipment as part of a purchase only after approval from City Manager. The City Manager may direct the transfer of surplus supplies and equipment to another City department. The City Manager may direct the disposal of such surplus supplies and equipment. The City Manager shall have the authority to delegate the disposal of such surplus and equipment as set forth in this Chapter by memorandum or by administrative order.
7.04.040 RequisitionBasic Purchase —$1,5005,000.00 or Less.
If the estimated value of the purchase of supplies, services or equipment is $1,5005,000.00 or less, the Purchasing Officer may:
A. Select a vendor, without bid;
B. Send requisition to Finance Department;
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BC. Complete the purchase transaction or place the order; and CD. After supplies, services or equipment have been received, submit the invoice to the Director of Finance Division head for placement on the warrant list/list of demands.
7.04.050 SameMinor Purchase —$1,500.01 to $5,000.010 - $60,000.00.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $1,500$5,000.01 or more, but less than $650,000.01, the Purchasing Officer shall:
A. Solicit informal bids/proposals by written and telephonic request to prospective vendors.
B. Require bids/proposals to be in writing and transmitted to the City as specified in the bid documents.
C. Seek at least three bids/proposals, unless the purchase qualifies for exemption procedure set forth in Chapter 7.04.090.
D. Recommend the responsible and responsive bidder with the lowest bid price in conformity with the specifications and/or qualifications as appropriate.
1. If the goods, services, and/or equipment specified in the request are of a generic quality and a vendor with particular attributes is not required to meet the needs of the City and the purposes of this chapter, then the Purchasing Officer shall select the bidder whose proposal offers to sell the supplies/equipment at the lowest price.
2. If vendor reliability, experience, availability, or expertise is a component of meeting the needs of the City and the purposes of this Chapter, then the Purchasing Officer shall award a purchase based on best value and need not necessarily purchase from the bidder proposing the lowest price.
2. E. Prepare and submit a requisition to the Director of Finance Division head for approval.
F. The Director of Finance Division head or their designee will issue a purchase order to the selected vendor.
G. After supplies, services or equipment have been received, the Purchasing Officer shall submit the invoice to the Director of Finance Division head for placement on the warrant list/list of demands.
H. The Purchasing Officer shall have the option to purchase goods, services, and/or equipment in an amount of $5,000.01 or more, but less than $60,000.01, utilizing the formal bidding procedure set forth in Chapter 7.04.060.
7.04.060 Same—$5,000.01 to $15,000.00.
If the estimated value of the purchase of supplies, services or equipment is $5,000.01 or more, but less than $15,000.01, the Purchasing Officer shall:
A. Post a notice inviting bids/proposals on the bulletin board in City Hall at least ten days before the date of opening of the bids.
B. Solicit bids/proposals by written and telephonic request to prospective vendors.
C. Require bids/proposals to be in writing.
D. Seek at least three bids/proposals.
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E. Recommend the responsible vendor with the lowest bid price in conformity with the specifications and/or qualifications as appropriate.
F. Prepare and submit requisition to the Director of Finance for approval.
G. The Director of Finance will issue a purchase order to the selected vendor.
H. After supplies, services or equipment have been received, submit the invoice to the Director of Finance for placement on the warrant list.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.0680 ContractMajor Purchase—More than $6015,000.010 or more.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is more than $6015,000.01 or more, the following provisions shall be satisfied:
A. If funds have not been appropriated in the current fiscal year for the supplies, services or equipment, the Purchasing Officer shall receive authorization from City Council to solicit bids and/or proposals.
B. Provided the City Council has authorized the solicitation of bids and/or proposals or funds have been appropriated in the current fiscal year, the Purchasing Officer shall proceed as follows:
1. For the purchase of supplies, equipment, and services, excluding professional services, the Purchasing Officer shall Ppublish an electronic notice soliciting bids/proposals on the City’s website at least ten fifteen days before the date of opening of the bids or proposal submittal date.
2. Mail the notice soliciting bids/proposals at least ten days before the date of opening of the bids.
3. Post the notice soliciting bids/proposals on the public bulletin board in City Hall.
2. For the purchase of Public Works construction and capital improvement projects that are not subject to the alternative bidding procedure as set forth in Chapter 7.20, a notice soliciting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The first publication or posting of the notice shall be at least 15 days before the date of opening the bids. In addition to posting the Notice on the City’s website or bid platform, the Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, or as required by the Public Contract Code.
C. The Purchasing Officer shall include in the notice soliciting bids/proposals:
1. The requirement that the bid/proposal be in writing.
2. For Public Works construction and capital improvement projects, the requirement that the bid must be sealed.and that it be sealed.
32. A general description of the supplies, services or equipment sought to be purchased.
43. The location where bid blanks, specifications and/or required services and qualifications may be obtained.
54. The time and place for opening bids/proposals.
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65. The security required, if any.
7. The Purchasing Officer has authority to require a performance and/or payment bond as a condition of any contract in such amount as is reasonably necessary to protect the best interests of the City. If the Purchasing Officer requires a performance/payment bond, the form and amount of the bond shall be described in the notice inviting bids.
D. The Purchasing Officer may require a security deposit to be submitted as a condition for considering a bid/proposal. The amount of the security deposit shall be sufficient to reimburse the City for costs incurred if the bidder is successful but fails to execute the contract or fails to perform obligations under the contract. Bid security shall be returned to each unsuccessful bidder. A successful bidder shall forfeit their security upon refusal or failure to execute a contract within 15 days after notice of award of that contract, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. .
E. The City Clerk or their designee shall open the sealed bids/proposals in public and non-sealed bids/proposals internally and submit to the City Council a recommendation regarding the award of the contract.
F. The City Council may award the contract to the responsible and responsive bidder submitting the lowest bid for Public Works constructions and capital improvement projects, in conformity with the specifications, or to other bidder for other services, or may reject all bids presented, or waive any minor irregularity or informality in such bids.
G. If two or more bids received are of the same total amount, the City Council may award the contract to the bidder of the Council’s choice or direct the Purchasing Officer to further negotiate with the tie bidders. The City Council may and thereafter the City Council award the contract to the lowest negotiated bidder..
H. After the City Council awards the contract, the Purchasing Officer shall may submit a written requestpurchase requisition to the Director of Finance Division head to encumber the funds.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.080 Emergency Purchases
In case of an emergency as defined in Section 7.04.015 of this Chapter, which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Officer to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure; provided, however, that any expenditure exceeding the City Manager's established approval authority shall be later ratified by the City Council at the first available public meeting following the commitment to the expenditure.
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7.04.090 Exemption from Bidding.
Where otherwise required by this Chapter, the following procurements, contracts or transactions are exempted from the provisions of this Chapter, at the discretion of the City Manager:
A. Emergency procurements for construction, equipment, or repairs, goods, and/or services; B. Goods and/or services that can be reasonably obtained from only a single source; C. Sufficient, satisfactory bids are not received or after solicitation of a number of sources, competition is determined inadequate;
D. Items required to match or be compatible with other goods, furnishings, materials or equipment previously purchased by the City;
E. Goods, furnishings, types of materials or equipment that have been standardized for the City by the City Manager or by the City Council;
F. Utility services and related charges;
G. Goods, services and/or professional services obtained from or through agreement with any governmental, public or quasi-public agency where the agency contracted for goods, services and/or services through a competitive process as described in Section 7.04.100; H. Real property leases or purchases and related title and escrow fees, to the extent permitted by law; I. Insurance and bonds;
J. Advertising in magazines, newspapers or other media; K. Works of art, entertainment or performers;
L. Library collection materials or services or other books or periodicals; M. Membership dues, conventions, training, travel arrangements including hotels, car rentals and airfare; N. Surplus personal property owned by another government, public or quasi-public entity; O. Public projects governed by alternative bidding procedures as set forth in Chapter 7.20; P. Purchases of gasoline, oil or emergency automotive needs; Q Transportation and freight charges when not specifically included on a purchase order; R. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; S. Information technology purchases and software licensing, maintenance or upgrades to existing software purchased from the same contractor;
T. Payroll related activities or transactions;
U. For procurement under award of Federal assistance, when the Federal awarding agency or passthrough entity expressly authorizes noncompetitive proposals in response to a written request from the City;
VO. Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City.
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7.04.100 Cooperative Purchasing.
The Purchasing Officer shall have the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the Purchasing Officer to be in the City's best interest. For purposes of this section, the determination of whether it is in the City's best interest shall include consideration of whether the procedure used by the public or quasi-public entity was competitive or otherwise resulted in a competitive price. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner. . Such cooperative purchasing programs and agreements include, but are not limited to, the California Multiple Award Schedules program (“CMAS”), the U.S. General Services Administration (“GSA”) Multiple Award Schedule program, Sourcewell, the 0U.S. Communities Government Purchasing Alliance, and other similar programs. The Purchasing Officer also may purchase from the United States of America or any state, municipality or other public corporation or agency without following formal or informal purchasing procedures.
7.04.110 Professional and Special Services.
For purposes of this section, Professional Services as defined in Section 7.04.015 of this Chapter, shall be purchased as follows: shall mean the procurement of services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Special services shall mean those services that the City Manager has determined the City lacks sufficient personnel with the necessary training and expertise to perform the services or to perform such services in a timely manner.
A. It is in the best interest of the public, as allowed by State law, that contracts for professional and special services be awarded based on the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Officer may negotiate with qualified firms or individuals to obtain a fair and reasonable price for the services to ensure best value to the City and is not required to award a contract to the lowest responsible bidder.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder.
B. Procurement of professional or special services where the total cost of services provided in a 12- monthcontract period is $6015,000.00 or less shall be made using simplified and cost effective operational procedures and forms approved by the City Manager and in accordance with Sections
7.04.040, 7.04.050 and 7.04.060 and of this Chapter.
C. Professional or special services where the cost of services provided in a 12-month periodcontract period is more than $6015,000.01 or more,0 or has no pre-determined cost (for example, as-needed services) shall be procured as follows:
1. The Purchasing Officer shall obtain the names of at least three firms or individuals that are, or have within the preceding 12 months, provided substantially similar services to public agencies.
The Purchasing Officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can reasonably provide the professional services, and it is in the best interest of the City to waive the requirement.
2. A request for proposal or qualifications shall be published on the City’s website and provided to all potential candidates outlining the scope of services required, time frame for completion, pricing structure, liability insurance information and coverage and other pertinent information.
Professionals must submit their responses in the specified format no later than the stated final due date for proposals. The response must include written acceptance of the terms of City’s 29 August 26, 2024 Item 12
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standard agreement, Including liability and other insurance information and coverage requirements.
3. The evaluation process will be based on the criteria stated in the request for proposal but will generally include the scope of services offered, the professional's capabilities and previous experience in the field.
4. After the proposals are evaluated, the Purchasing Officer will may negotiate an agreement with the selected professional. If an agreement is not reached within a reasonable time, the Purchasing Officer will may terminate discussion with the first candidate and open negotiations with the second choice.
5. The City Council shall approve agreement for as-needed professional services with no predetermined contractual cost or those with the total contractual cost exceeding City Manager’s signing authority.
6. The City Council may waive the bid requirements of this chapter when it is necessary or convenient for the management of the City's affairs.
7. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
D. The City Manager shall may develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data. The Purchasing Officer may directly solicit proposals from appropriate firms from the list in-lieu of competitive solicitation.
7.04.120 City Manager Contracting Authority.
A. The City Manager shall have the authority to award the contracts as below.
1. All procurement of Professional/Specialprofessional services, supplies, goods and/or materials, capital outlay items approved by the City Council during the applicable budget year including those procured by Chapter 7.16, for which the total contractual cost to the City is $6015,000.00 or less.
2. All procurement of supplies, goods and/or materials for which the cost to the City is $15,000.00 or less; and
3. All capital outlay items approved by the City Council during the applicable budget year in an amount of $15,000.00 or less; and
24. Change orders/amendments, including term extensions, for contracts for the purchases of supplies, services and equipment provided the total contractual cost does not exceed the lesser of 20 percent of the original bid amount or $6015,000.00 or the contingency amount set when the initial contract was awarded, and sufficient unencumbered funds exist or have been previously appropriated for the specific contract. In circumstances when the Council-approved contingency exceeds $60,000.00, and the delay in work is anticipated to result in significant costs, the City Manager is authorized to execute a single change order up to the full amount of the approved contingency, provided that there are sufficient funds in the allocated project budget. The City Manager shall report the change order to the City Council at its next regularly scheduled meeting.; and Change orders for an amount of more than $15,000.00 shall require City Council approval. 3. Task orders for as-needed agreements approved by City Council with each task order amount not exceeding $60,000.00.
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4. Task orders for as-needed agreements approved by City Council for any task order amount if the City acts as a pass-through agency and the cost is covered by a third party.
5. Public Works projects in accordance with Chapter 7.20.020 of this Chapter.
6. Emergency purchases exceeding $60,000.00 as set forth in Chapter 7.04.080
77. Notwithstanding the foregoing, any change order that results in the need for additional budget appropriation or that is in excess of the City Manager’s authority as described above or extends the term of a contract for more than three months beyond the original term shall be approved by the City Council.
B. The City Manager shall approve alternate procurement methods, if appropriate, for use on an experimental basis, and recommend to the City Council additions, deletions or modifications to the City's procurement methods.
C. The City Manager shall have the authority to delegate the awarding of contracts, amendments and change orders for goods and services as set forth in this Chapter by memorandum or by administrative order.
D. Upon request of the City Council, the City Manager shall submit a report to the City Council identifying all contracts, including the amount of each contract that has been awarded administratively.
7.04.130 Compliance Required—Effect of Noncompliance.
No obligation for the payment of supplies, services and equipment shall be incurred by the City except as prescribed by this Chapter. Any agreement entered into contrary to the provisions of this Chapter shall be void and any claim or demand against the City based thereon shall be invalid.
Chapter 7.06 DEBARMENT OF CONTRACTORS
7.06.010 Purpose.
Debarment is an administrative sanction to be imposed only in the public interest or for the City’s protection, and not for purposes of punishment. Debarment is designed to ensure full and open competition by granting awards only to responsible contractors. Debarment prohibits the awarding of contracts to, and the execution of contracts with, a debarred contractor. This Chapter establishes debarment and the procedure for imposition of debarment.
7.06.020 Grounds for Temporary Debarment.
In addition to all other remedies permitted by law, upon a finding of grounds as set forth in this Chapter, the Assistant City Manager, or designee, may declare debarment of a contractor for any of the following reasons:
1. Two or more counts of computational or other errors in bid submission within a two-year period;
2. Failure or refusal to timely provide or properly execute contract documents, meet bonding or insurance requirements acceptable to the City in the time periods required by the contract;
3. Unsatisfactory performance of contract, including, but not limited to:
(a) material breach of the contract or failure or refusal to honor or observe contractual obligations or legal requirements pertaining to the contract;
(b) unjustified failure to complete the required work on time and/or within budget; (c) substandard quality of work and/or materials;
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(d) failure or refusal to properly perform or complete contract work or warranty performance.
4. Violations of any labor or safety statutes, regulations or standards including, but not limited to, applicable local, state, or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, and nondiscrimination requirements;
5. Violations of any law or regulation governing the handling, transfer, storage, or disposal of hazardous materials or hazardous waste, or of solid waste generated in connection with construction or demolition;
6. Submission of a bid, proposal, or other document which is known by contractor to be false, or the submission of a false or fraudulent claim;
7. Knowingly doing business with a debarred third party in performance of any City contract awarded after debarment of said third party;
8. Any finalized debarment of the contractor by another governmental agency on grounds justifying debarment under this Chapter, during the period of such debarment;
9. The contractor, subcontractor or consultant performs, or fails to perform, the contract in such a way that environmental damage results, or a violation of environmental laws or permits is committed.
7.06.030 Grounds for Permanent Debarment.
Any of the following may constitute grounds for permanent debarment of the contractor, subcontractor or consultant:
1. A final conviction under any state or federal statute or municipal ordinance, including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed below:
A. Fraud, bribery, collusion, conspiracy, theft, bid rigging, forgery, falsification, or destruction of records, receiving stolen property, perjury, embezzlement, or any other similar crime; B. For commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such contractor subcontract; C. For any offense, action, or inaction indicating a lack of business integrity or business honesty.
2. The contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
3. Person(s) representing contractor committed an act or omission so serious or compelling in nature that it affects the present responsibility of the contractor to be awarded a contract or to participate as a subcontractor.
7.06.040 Determination and Notice.
If grounds for debarment are found to exist under sections 7.06.020 or 7.06.030 above, the Assistant City Manager shall state the determination and the basis thereof in writing, and shall deliver a copy of such determination notice to the contractor via personal delivery or United States mail in a manner ensuring written confirmation of delivery.
7.06.050 Appeal Process.
The contractor shall have the opportunity to rebut any evidence used as a basis for the debarment and to present evidence to the City relating to why the contractor should not be debarred. The contractor may give written notice requesting the appeal to the City Clerk within ten (10) days following service of the City's debarment determination. Within thirty (30) days following receipt of the request for an appeal, the City Manager shall hear the appeal and may affirm or reverse the debarment or reverse the debarment. The City Manager's appeal 32 August 26, 2024 Item 12
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determination shall serve as the City's final determination, and serves to exhaust the contractor's administrative remedies.
7.06.060 Term and Effect of Debarment.
A. Debarment constitutes debarment of all divisions or other organizational elements of the contractor for an initial period of up to three (3) years, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities, or unless the debarment is made permanent pursuant to Chapter 7.06.030 above.
B. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager, or designee, may review the record of the evidence presented during the debarment proceedings, as well as any additional facts or information relevant to a review of the debarment. The Assistant City Manager may extend the existing non-permanent debarment, for an additional period of up to two (2) years, if the Assistant City Manager determines that such extension is necessary to protect the public interest. The appeal procedures established by Chapter 7.06.050 above, shall be applicable to such decision.
C. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager may shorten the debarment period for any reason which obviates the need for the debarment or which indicates a shorter debarment period will adequately protect the public interest.
Such reasons include, but are not limited to, the following:
(a) Newly-discovered material evidence that was not previously available to the parties; (b) Reversal of the conviction, civil judgment, or administrative penalty or sanction upon which the debarment was based;
(c) Bona fide changes in ownership or management;
(d) Elimination of other grounds for which debarment was imposed.
7.06.070 Continuation of Existing Contracts.
Debarment shall be deemed a material breach of any other contract between the City and the contractor, and any existing contracts between the City and the contractor may be terminated immediately upon debarment.
Notwithstanding the foregoing, the City may continue any and all contracts in existence at the time of debarment, upon a determination by the City Manager that such renewal or extensions is in the best interest of the City.
7.06.080 List of Debarred Contractors.
The City Clerk shall maintain a current consolidated list of all debarments. The list shall indicate the names and addresses of all debarred contractors, the grounds for debarment, and the termination date for each listing.
After the opening of bids or receipt of proposals, the City Clerk shall review the list of the debarments. Bids received from any listed contractor shall be recorded as received, and then rejected by reason of debarment.
Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive process by the applicable City department during the period the contractor is on the debarment list.
Chapter 7.08 PAYMENT OF DEMANDS
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7.08.010 Purpose.
It is the purpose of this Chapter to describe procedures for the processing and payment of demands, bills, and other claims against the City arising out of contract, including bills for labor, material, and supplies furnished, not including payroll or claims for damages.
(Ord. No. 483)
7.08.020 Submission of Demand.
A. The demands shall contain a brief description of the labor, material, or supplies furnished, and the date and price.
B. The demands shall be accompanied by a requisition/purchase order signed by the City official ordering the labor, material, or supplies.
C. Contracts executed by the City calling for specific payments on specified dates shall constitute a demand for payment on such dates.
D. Demands shall be submitted to the Director of Finance Division head.
7.08.030 Register of Demands.
A. The Director of Finance Division head shall prepare a register of demands containing demands submitted over a preceding period of time. The Director of Finance Division head shall sign a certificate on the register of demands that:
1. Each demand on this register reflects an indebtedness authorized by this City;
2. The financial data is correct; and
3. There are funds available to pay each demand.
B. When the register of demands has been certified by the Director of Finance Division Head, it shall be submitted to the City Council for approval or rejection.
C. When the register of demands has been approved by the City Council, the City Clerk shall note the date on which the register was approved and the Mayor shall sign the document authorizing payment.
Chapter 7.16 ACQUISITION OF SERVICES FROM ARCHITECTS, ENGINEERS, LAND
SURVEYORS, CONSTRUCTION MANAGEMENT FIRMS
7.16.010 Requirement.
A. Unless otherwise provided, the City's selection of architects, engineers, land surveyors, and construction project management firms to provide professional services by contract with the City shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the professional services required. (Government Code §§ 4525, et seq.) B. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
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(Ord. No. 534)
7.16.020 Contracting Officer.
Unless otherwise specified by the City Council for a particular contract, the City Manager or his designee shall be the Contracting Officer for purposes of this Chapter.
7.16.030 Annual Statements of Qualifications.
The City Manager shall develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data.
7.16.040 Selection Procedures.
For each proposed professional contract:
A. The Contracting Officer shall establish the professional competence and qualifications necessary to be possessed by a firm in order to be awarded the proposed professional services contract.
B. The Contracting Officer may publish a notice that the City is proposing to award a contract to obtain specified, professional services.
C. The Contracting Officer may directly solicit proposals from appropriate firms.
D. The Contracting Officer may discuss with one or more firms the alternative methods for providing the required professional services.
E. The Contracting Officer may conduct further negotiations with one or more of the most qualified firms to fully clarify each firm's offer to provide services.
7.16.050 Award of Contract.
For any contract over $15,000.00, the Contracting Officer shall submit the proposals of the most qualified firm or firms together with a recommended action to the City Council for review and awarding of the professional services contract.
(Ord. No. 827)
Chapter 7.20 ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
7.20.010 Purpose.
The purpose of the following sections is to establish alternative bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").
(Ord. No. 866; Ord. No. 959 , § 1, 4-6-2020)
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7.20.020 Alternative Bid Procedures.
Public projects, as defined by the Act and in accordance with the limits listed below pursuant to the Public Contract Code, may be let to contract by Alternative procedures. The applicable thresholds (provided below for reference purposes) shall be as provided in the Public Contract Code as the same may be amended from time to time.
A. Public projects of $60,000.00 or less may be performed by City employees by force account, by negotiated contract, or by purchase order.
B. Public projects of $60,000.01 -$200,000.00 or less may be let to contract by Alternative procedures as set forth in this Chapter. If all bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
C. Public projects of more than $200,000.00 shall, except as otherwise provided in the Act and this Chapter, be let to contract by formal bidding procedures. (Ord. No. 959 , § 1, 4-6-2020)
7.20.030 Contractors List.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (the "Commission").
(Ord. No. 959 , § 1, 4-6-2020)
7.20.040 Notice Inviting Alternative Bids.
A. Where a public project is to be performed pursuant to Subsection B of Section 7.20.020, a notice inviting Alternative bids shall be mailed, faxed, or e-mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.
1. If there is no list of qualified contractors maintained by the City for the category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting information bids may be sent exclusively to such contractor or contractors.
B. All mailing of notices to contractors and construction trade journals pursuant to Subsection A shall be completed not less than ten 15 calendar days before bids are due.
C. The notice inviting Alternative bids shall describe the project in general terms and how to obtain more detailed information about the project and shall state the time and place for the submission of bids. (Ord. No. 959 , § 1, 4-6-2020)
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7.20.050 Award of Contracts.
The City Manager, or designee, is authorized to award contracts pursuant to Subsections A and B of Section
7.20.020 of this Chapter.
(Ord. No. 959 , § 1, 4-6-2020)
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: August 26, 2024
SUBJECT: Approval of a revision to conditions of approval on previously approved Tentative Tract Map (TTM) TTM18-004 (RM23-001) and approval of Coastal Development Permit (CDP) CDP24-008 and Conditional Use Permit (CUP) CUP24-001 for the construction of roadway, utility, and safety improvements located in a steep slope setback within the Bluff, Slope, and Canyon Overlay and Lagoon Overlay Zones.
Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299- 261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00
Location: South of San Dieguito Road, north of Zapo Street, east of Gatun Road, and west of Serpentine Drive. The project is in the California Coastal Commission’s appeal jurisdiction.
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution (Attachment A) to approve a new Tentative Map condition (RM23-001) that would allow the Applicant to submit for City consideration of a Development Agreement related to previously approved Tentative Tract Map (TTM18-004) and approve CDP24-008 and CUP24-001 for the construction of roadway, utility, and safety improvements located in a steep slope setback within the Bluff, Slope, and Canyon Overlay and Lagoon Overlay Zones.
EXECUTIVE SUMMARY:
The Applicant is requesting to revise the conditions previously approved for TTM18-004 included in City Council adopted Resolution 2021-05 (Attachment B) by adding a “new” condition that would allow for the submittal of a Development Agreement to extend the life of the discretionary entitlements to install the required improvements conditioned as 1 August 26, 2024 Item 13
City Council Agenda Report
Resolution Approving RM23-001/CDP24-008/CUP24-001
August 26, 2024
a part of TTM18-004 (Attachment C) per application RM23-001. Additionally, the previously approved CDP and CUP to install required public and private improvements related to TTM18-004 have since expired and so the Applicant is seeking approval of a new CUP and CDP (CUP24-001, CDP24-008) to replace the expired entitlements. A letter from the Applicant explaining their request has been included as Attachment D.
PLANNING COMMISSION RECOMMENDATION:
On July 9, 2024, the Planning Commission unanimously recommended approval of applications RM23-001, CUP24-001, and CDP24-008 on the meeting’s Consent Calendar. The Planning Commission Resolution has been included as Attachment E.
BACKROUND:
On February 1, 2021, the City Council held a public hearing and approved TTM18-004, CUP18-004, and CDP18-016 to reconfigure eight (8) lots on approximately 18.1 acres of land bound by San Dieguito Road to the north, Zapo Street to the south, Gatun Road to the west, and Serpentine Drive to the east, commonly referred to as “the Snake Wall properties.” In accordance with State law and Del Mar Municipal Code (DMMC), the original approval of TTM18-004 by the City Council was to expire after two (2) years.
On February 6, 2023, the City Council granted the Applicant an Extension of Time (EOT) on the TTM for three years, thus extending the expiration to February 6, 2026. If needed, Applicant can request one (1) additional three-year extension if requested prior to February 6, 2026, for a total TTM life of eight (8) years in accordance with State law.
DISCUSSION/ANALYSIS:
The Applicant is seeking the following two approvals from the City Council, which are as follows:
1) Revision to the Previously Approved Conditions of TTM18-004 As a part of the City Council’s approval of TTM18-004 on February 1, 2021, condition “E-1(T)” requires the Applicant to complete all public and private improvements required by the approval of TTM18-004 within 24 months of the Engineering Department Final Map acceptance, which would occur shortly before approval of the Final Map by City Council (City Council Resolution 2021-05 is included as Attachment B). The Applicant has indicated to staff that the subdivision map is related to estate planning efforts and that they do not plan to develop these new lots within, or soon after, the two-year time frame. Therefore, they are requesting more time to perform all required improvements.
In consultation with the City Attorney, staff has been advised that a future Development Agreement would be the pathway to extending the typical expiration date of the various entitlements for the required improvements to be completed at a later date (more than the two years included in the original approval).
Therefore, the Applicant is requesting a revision to City Council Resolution 2021-05 to allow more than twenty-four (24) months to construct the public/private improvements 2 August 26, 2024 Item 13
City Council Agenda Report
Resolution Approving RM23-001/CDP24-008/CUP24-001
August 26, 2024
required by TTM18-004 for access to Lots 5-8 adjacent to San Dieguito Drive by entering into a Development Agreement with the City at a future date. Through a separate application process, a Development Agreement can provide additional timing allowances and vesting of required entitlements for public and private improvements required with a subdivision. To allow for a Development Agreement to be an associated component of the TTM, the original conditions of approval must be amended to add a new condition that would allow for the use of a Development Agreement.
If the City Council approves the modification of the Conditions of Approval to allow for the submittal of a Development Agreement, it would be brought forward by the Applicant at a later date that would provide more details on the proposed duration, included permits, required public and private improvements, etc. A condition of approval is included in the draft resolution as Condition S-2 (Attachment A). 2) New Conditional Use and Coastal Development Permits
The CUP and CDP for required related improvements of TTM18-004 have expired and the Applicant is seeking new permits (CUP24-001 and CDP24-008) for improvements that have otherwise not changed in scope or circumstance since the City Council originally approved the entitlements on February 1, 2021. The required improvements include the following:
- Construction of a new private road “La Atalaya Way” (including grading and retaining walls); the improvement of the un-named alley adjacent to Proposed Lot 5; and the placement of utilities in the alley and new private road; - Modification of a driveway gate adjacent to Lot 5 to provide adequate access for emergency vehicles;
- Modification of the “Snake Wall” in order to provide adequate sightlines for vehicles exiting the alley off of San Dieguito Drive;
- Installation of a new gate on Lot 7 on the access easement to Lot 3; and - Removal of a shed from Lot 7.
The plans approved by the City Council for the required improvements related to TTM18-004 have not changed and the scope of work is the same as was analyzed and approved previously, with exception to the minor addition of a vehicular gate on Lot 7 on the access path to Lot 3. The prior City Council approval found all required improvements to be consistent with the requirements of the Bluff, Slope, and Canyon, Lagoon, and Open Space Overlays. Attached to this report is the City Council Report (February 1, 2021) that provides an analysis for the CUP and CDP as it relates to consistency with the property overlays, Zoning Code, Community Plan, and the City’s Local Coastal Program (Attachment F).
The addition of the gate adds a nominal amount of encroachment into the steep slope and is therefore still consistent with the prior analysis in that the overall percentage of 3 August 26, 2024 Item 13
City Council Agenda Report
Resolution Approving RM23-001/CDP24-008/CUP24-001
August 26, 2024
steep slope encroachment (.34%) is within the allowable percentage of encroachment per DMMC 30.52.60 (Attachment G). The attached draft resolution (Attachment A) includes the findings needed for approval of the CUP and CDP.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item as this is a private development proposal. All fees associated with the project and CEQA processing have been paid by the Applicant. Additionally, all costs associated with any future development of the subdivision, including required public improvements, would be paid by the Applicant or future owners of the subdivided lots.
ENVIRONMENTAL IMPACT:
Pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) (State Clearing House Number 2020100558) was certified by the City Council on February 1, 2021, for the previously approved subdivision and related improvements pursuant to City Council Resolution 2021-05.
Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary since there has not been a substantial change in circumstance that would necessitate a new environmental review.
HOUSING IMPACT:
This action will not have an impact on housing because the project does not propose any new housing units and TTM18-004 does not create any new net legal lots for the potential of new housing units in the future.
ATTACHMENTS:
Attachment A - Resolution Approving RM23-001/CDP24-008/CUP24-001 Attachment B - City Council Resolution 2021-05
Attachment C - TTM18-004
Attachment D- Applicant Letter
Attachment E - Planning Commission Resolution No. PC-2024-05 Attachment F - February 1, 2021, City Council Report
Attachment G - Site Plan/Steep Slope Analysis
4 August 26, 2024 Item 13
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, APPROVING A REVISION TO COUNCIL RESOLUTION 2021-05 (RM23- 001) AND APPROVING A COASTAL DEVELOPMENT PERMIT (CDP24- 008) AND A CONDITIONAL USE PERMIT (CUP24-001) FOR THE
CONSTRUCTION OF REQUIRED ROADWAY, UTILITY, AND SAFETY
IMPROVEMENTS WITHIN THE BLUFF, SLOPE, AND CANYON, OPEN
SPACE, AND LAGOON OVERLAY ZONES (APNS: 299-192-24-00, 299- 261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200- 63-00, 299-200-64-00, 299-200-65-00)
WHEREAS, on February 1, 2021, the City Council approved Tentative Tract Map (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to reconfigure eight (8) lots on approximately 18.1 acres of land with associated roadway access, utility, and safety improvements; and WHEREAS, in accordance with State law and Del Mar Municipal Code (DMMC) the original approval of TTM18-004 was to expire after two years; and WHEREAS, on February 6, 2023, the City Council granted the Applicant an Extension of Time (EOT) for three years; and
WHEREAS, the CUP and CDP approved in conjunction with the subdivision are vested with the subdivision’s approval in that as long as the subdivision does not expire prior to the approval and recordation of the Final Map, the related CUP and CDP entitlements remain valid; and
WHEREAS, the CUP and CDP as they relate to the required improvements to provide roadway, utility, and emergency access in order to serve the newly configured lots expired after three years since substantial construction of these improvements had not begun; and
WHEREAS, the Applicant is required to obtain a new CUP and CDP prior to construction of the roadway, utility, and emergency access improvements; and WHEREAS, on May 22, 2023, La Atalaya, LLC (Applicant) applied for a Revised Map RM23-001 to modify the conditions of approval provided in City Council Resolution 2021-05; and
WHEREAS, on February 20, 2024, the Applicant also applied for Coastal Development Permit CDP24-008, and Conditional Use Permit CUP24-001 to allow construction of required roadway, utility, and safety improvements within the Bluff Slope and Canyon, Open Space, and Lagoon Overlay Zones; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) (State Clearing House Number 2020100558) was certified by the City Council on February 1, 2021, for the previously Attachment A 5 August 26, 2024 Item 13
Resolution No. 2024-XX
2 approved subdivision and related improvements pursuant to City Council Resolution 2021-05; and
WHEREAS, the Applicant is requesting a modification to the conditions of approval (RM23-001) to be able to request a Development Agreement in order to request more time to perform required improvements related to previously approved Tentative Tract Map (TTM18-004); and
WHEREAS, a previously approved Conditional Use Permit (CUP18-004) and Coastal Development Permit (CDP18-016) for the same roadway, utility, and safety improvements was approved by the City Council on February 1, 2021, and has since expired; and
WHEREAS, a new Conditional Use Permit and Coastal Development Permit are required in accordance with the DMMC and the certified Local Coastal Program for the required improvements and the scope of work has not changed since the previous approval; and
WHEREAS, on July 9, 2024, the Planning Commission of the City of Del Mar held a public hearing to consider a recommendation to the Del Mar City Council regarding approval of RM23-001/CDP24-008/CUP24-001 and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated July 9, 2024, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
WHEREAS, the Planning Commission unanimously recommended approval of RM23-001, CUP24-008, and CDP24-001; and
WHEREAS, on August 26, 2024, the City Council of the City of Del Mar held a public hearing to consider approval of RM23-001/CDP24-008/CUP24-001 and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public.
Attachment A 6 August 26, 2024 Item 13
Resolution No. 2024-XX
3 d. Agenda report, dated July 9, 2024, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar approves Revised Map (RM23-001) with revised conditions of approval which allow the Applicant to request a future Development Agreement that would address associated entitlement permit (Design Review Board/Land Conservation/Conditional Use Permit/Coastal Development Permit) expiration dates.
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Coastal Development Permit (CDP24-008) be approved for the required roadway, utility, and safety improvements within the Bluff Slope and Canyon and Lagoon Overlay Zones based upon the following findings:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.
The improvements are permitted within the R1-40 (Very Low Density Residential) Zone, and Lagoon Overlay (L-OZ) and Bluff, Slope, and Canyon Overlay (BSCOZ) Zones in which the property is located;
2. That the proposal meets the criteria of the applicable chapters of this Title.
The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapter 30.10 (R1-40, Very Low Density Residential), Chapter 30.52 (Bluff, Slope and Canyon Overlay Zone), Chapter 30.53 (Lagoon Overlay Zone), Chapter 30.60 (Open Space Overlay Zone), and Chapter 30.61 (Public Access).
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).
The Coastal Development Permit, as conditioned, will be in conformity with the certified City of Del Mar Local Coastal Program (LCP) with respect to resource protection standards, avoidance of hazards regulations and public access standards;
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
Attachment A 7 August 26, 2024 Item 13
Resolution No. 2024-XX
4 The development, which is located seaward of the first public roadway, as conditioned, is consistent with and implements the applicable requirements for provision of public access contained in The Del Mar Zoning Code and in the public access and public recreation policies of Chapter 3 of the California Coastal Act in that the Applicant is required to pay an in-lieu fee towards the City’s Riverpath Project, located north of the project area along San Dieguito Drive, because there is not sufficient space adjacent to the snakewall to accommodate a path of access to walk adjacent to the lagoon.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
No shoreline protection devices are proposed as part of this project.
6. That the proposal is consistent with and implements the provisions of public view protection Policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The project is consistent with and implements the provisions of public view protection policies of the City of Del Mar Local Coastal Program, including those of the LCP Land Use Plan in that there are no improvements which would impact public views; and
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The development proposal, which is partially located in the Lagoon Overlay Zone, as conditioned, is consistent with and implements the provisions of the Lagoon Overlay Zone, as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan in that the project site is buffered from the lagoon by a public street and a solid perimeter wall and there are no wetlands identified on-site.
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Conditional Use Permit (CUP24-001) be approved for the required roadway, utility, and Attachment A 8 August 26, 2024 Item 13
Resolution No. 2024-XX
5 safety improvements within the Bluff Slope and Canyon and Lagoon Overlay Zones based upon the following findings:
1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located.
The requested improvements are permitted in the R1-40 Zone, Bluff, Slope and Canyon Overlay, Open Space, and the Lagoon Overlay Zones and are a required component of the subdivision design.
2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience, and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and zone in which the property is located.
The established character of the surrounding neighborhood is one of single-family residences and vacant residential lots located within the R1-40 Very Low-Density Residential Zone, Bluff, Slope and Canyon Overlay Zone, Open Space Zone, and the Lagoon Overlay Zone. The required improvements will improve safety of the surrounding neighborhood in that the “Snake Wall” will be modified to improve sight lines for vehicle egress from the existing alley onto San Dieguito Road and requires the widening of a driveway gate for emergency vehicles to be able to access the lots located off of San Dieguito Drive.
3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets.
The proposed improvements would not place an undue burden upon public streets, or public facilities and will in fact improve safety in that the “Snake Wall” is required to be modified to improve vehicle sight lines and a driveway gate is being widened to provide emergency vehicle access.
4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as are required by this Chapter or as are needed, in the opinion of the Planning Commission, or City Council on appeal, are properly provided to be compatible and harmonious with nearby uses.
The requirements of the R1-40 Zone call for a minimum lot size of 40,000 square feet in area. The eight developable lots would result in lots that meet the 40,000 Attachment A 9 August 26, 2024 Item 13
Resolution No. 2024-XX
6 square feet minimum lot size required in the R1-40 Zone. The lots are of sufficient size to accommodate all uses and improvements required by the zone while maintaining the required yard, steep slope setback areas, and 50-foot wetland buffer areas of the R1-40 Zone, Bluff, Slope, and Canyon Overlay Zone, and Lagoon Overlay Zone.
5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan.
The requested improvements are consistent with the use, density and property development standards of the R1-40 Zone; the standards for protection of sensitive natural resources of the Lagoon, and Bluff, Slope and Canyon Overlay Zone; and the access, public view and resource protection standards of the City’s Local Coastal Program (LCP); and
AND BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar, that the steep slope encroachment required for the street improvement of the private road across Lots 5-8 be recommended for conditional approval by the City Council, and that approval be based upon the following finding:
1. Pursuant to DMMC Section 30.52.060(A)(1)(d) improvements are allowed to encroach into the steep slope area by 10% when less than 75% of the site contains steep slopes and a finding can be made that there is no feasible alternative to slope encroachment.
The private street improvements and new gate encroach into the steep slope areas less than 10% (.34% encroachment). The new roadway would be roughly located where the existing driveway currently crosses the existing two lots, so placement of the new road in the existing location would minimize the amount of new disturbance to the steep slopes and steep slope setbacks. Given the steep slopes to the south and the wetland buffer to the north of the lots it appears that slope encroachment is required to have an adequate building site outside of the protected resources for future residences.
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar that applications RM23-001, CUP24-001, and CDP24-008 are approved subject to the following conditions:
Attachment A 10 August 26, 2024 Item 13
Resolution No. 2024-XX
7 [Note: The conditions listed below may have intentional gaps in numbering or lettering.] General Conditions:
G-2 [Compliance with Previous Conditions]
Approval of this application shall be in compliance with all previous conditions of approval pursuant to City Council Resolution 2021-05 dated February 1, 2021 except as modified herein.
G-3 [Development Authorization Limited to Plan Set]
This permit is granted based on submitted plans dated March 25, 2024, and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.
G-13 [Permit Expiration]
This Conditional Use and Coastal Development Permits shall expire three years from the date of approval.
Special Conditions:
S-2 [Development Agreement]
Prior to the recordation of the Final Map and expiration of any required discretionary permits, the Applicant may submit a Development Agreement to be adopted by City Council prior to the issuance of building permits pursuant to Del Mar Municipal Code Chapter 24.65 (Development Agreements).
Local Coastal Program:
LCP-2 [Coastal Development Permit Appealable]
This project is located within the Coastal Appeal Zone. The City’s action on CDP24- 008 may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and DMMC Chapter 30.75.
Attachment A 11 August 26, 2024 Item 13
Resolution No. 2024-XX
8 PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 26th day of August, 2024. ____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 26th day of August 2024 by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
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18 No. 36190
Exp. 6/30/22 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
Attachment C 45 August 26, 2024 Item 13
M A P N O 1 5 9 2 M A P N O 1 3 4 3
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SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
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Attachment C 46 August 26, 2024 Item 13
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TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W Attachment C 47 August 26, 2024 Item 13
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No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
19 Attachment C 48 August 26, 2024 Item 13
TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20
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RANDY R. BRO
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Attachment C 49 August 26, 2024 Item 13
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SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20
REGISTERED PROFESSIONAL ENGIN
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STATE OF CAL I FORNIA
RANDY R. BRO
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_____________________________________________________________________ adamb953mail.com (858) 837-2363
August 15, 2024
Honorable Mayor and City Council Members
Re: Applications: RM23-001, CDP24-008, CUP24-001(La Atalaya) Overview
I am writing on behalf of Ron and Lucille Neeley, the applicants for the reference items. We have reviewed and concur with the staff report and with the Planning Commission’s unanimous recommendations for approval of each.
As staff has explained, this agenda item involves a group of applications, all related to an overall project termed La Atalaya. The project is, primarily, an estate-planning effort for the 18 acres Ron and Lucile Neely own in an area commonly known as the Snake Wall. By way of background, the Neeley’s purchased multiple lots of the Snake Wall in the mid 1990s.
Throughout their ownership, they have been good stewards of the property. They have retained six of the lots as vacant parcels and protected the property’s hillsides and vegetation. During their ownership, the only development they have proposed is the remodeling of a guest home on one lot and construction of their primary residence on another.
In 2021, they received City Council approval for a resubdivision of their property. The subdivision did not create any additional lots. Its purpose was to address engineering and surveying issues left over from the original, 100-year-old subdivision and to prepare some of the now-vacant lots for future development. The City’s approval included conditions that require installation of private road and utility improvements that would ultimately be needed, if and when, the now-vacant Lots #s 5-8 of the subdivision are developed with single-family homes.
As part of the Council’s action, a Coastal Development Permit (CDP), and a Conditional Use Permit (CUP), were approved for the required roadway and utility improvements.
Unfortunately, due to the complexity of the various permit-review processes for the overall La Atalaya project, those permits expired earlier this year. The permit applications now before the Council are solely to renew the previously approved CDP and CUP.
In addition to the renewal of the CDP and CUP, there are a variety of other associated permits still being processed to satisfy the subdivision’s conditions of approval. They include Design Review and Land Conservation Permits for the road and utility improvements. They are soon to be processed.
Renewal of the Coastal Development (CDP) and Conditional Use Permit (CUP) Applications
The requested CDP and CUP are exactly the same as those previously approved by the City.
The site conditions have not changed and the submitted plans are the same as those already approved.
The CUP is required because of the site’s location within the Bluff, Slope and Canyon Overlay (BSCOZ) and Lagoon Overlay Zone (LOZ). With regard to compliance with the BSCOZ, the Attachment D 51 August 26, 2024 Item 13
Mayor and City Council Members
LA Atalaya Project Coastal Development and Conditional Use Permits/Development Agreement August 15, 2024
Page #2
proposal does involve a small measure of encroachment into steep slope areas. But that encroachment is limited to 424 square feet of the 125,000 square feet of the total steep slopes in Lots #s 5-8 (the project site). That calculates to a figure of 0.3 percent of slope encroachment. This three 10ths of one percent figure is well under the 10% allowed per the BSCOZ. Also, as staff has noted, because of the existence of other steep slopes and a wetland area to the north of the proposed roadway, the proposed alignment is the one most approriate to minimize slope encraochment for the access. These factors are cited in the Planning Commission’s and staff’s recommended resolution of approval. They are also included in a similar set of suggested findings for approval that we have provided on behalf of the applicants (see attachment A). Both staff’s and our suggested findings demonstrate compliance with all BSCOZ requirements related to collection and control of impervious surface runoff and longterm protection of steep slopes.
The Planning Commission and Staff are recommending that the renewed applications be approved in the same form and with the same conditions as before. With regard to the CDP, it too is the same as that previously approved. Staff has provided the Planning Commission’s findings supporting its approval. We have also provided a set of suggested findings (see Attachment B). Both sets of findings reflect compliance with applicable standards of review.
We respectfully request that the Council approve applications CDP24-08 and CUP24-01.
RM24-01- Request for Use of Development Agreement
The other part of this agenda item involves a request to modify the subdivision’s conditions.
Specifically, we seek the use of Development Agreement between the City and the property owners as a means to memorialize the owners’ obligations and to clarify some of the conditions that the City attached to the various La Atalaya permits and authorizations.
When the Council approved the resubdivision in February of 2021, there were roughly 50 conditions attached. They came as the result of a thorough review by the City’s Planning, Engineering and Public Works Departments, all to ensure that the improvements proposed by the applicant would and will be appropriately designed and installed.
The Neeleys fully understand why the conditions were attached. But the subdivision conditions along, with those of the CDP, CUP, DRB and LC requirements will create a complex and varied set permit expiration dates and timeframes by which conditions must be satisfied. The use a Development Agreement is intended to establish a single set of deadlines and expiration dates for the multiple permits.
A Development Agreement would also provide a mechanism to address a concern we have with one of the subdivision’s conditions of approval, specifically Condition E-1T. Among other requirements, it sets a 24-month deadline by which the private road and utility improvements would have to be installed. (The full text of the condition is included as an attachment to the staff report.)
Attachment D 52 August 26, 2024 Item 13
Mayor and City Council Members
LA Atalaya Project Coastal Development and Conditional Use Permits/Development Agreement August 15, 2024
Page #3
The condition requires the submittal of a security deposit (bond or cash) to ensure that the private roadway and utility improvements shown on the submitted subdivision (TTM), will be installed in time to serve future residential development of those lots. But it also requires that the improvements be installed within the referenced 24 months of the City’s approval of the detailed improvements plans. The Neeleys would, therefore, be required to install the improvements in the near future, even though they have no current plans to construct the homes that the improvements would ultimately serve.
This timeframe seems arbitrary, especially when considering that the improvements in question are for private roadways and utilities on the Neeleys’ own property. No other properties, or City rights-of-way would be affected by a changed deadline for their installation. The two-year period is not a requirement found in the City’s Municipal Code. It was instead recommended by staff to ensure that the improvements would be installed in a timely fashion for the lots they would ultimately serve. That two-year timeframe would be appropriate, if the corresponding home construction were imminent. But that is not the case here. There is no imminent development. The subdivision and associated permits are estate-planning tools to address future circumstances.
The 24-month requirement presents two downsides. Not only would the Neeleys have to install the improvements in advance of proposing or constructing any future homes, but the area would be disturbed twice – first within the referenced 24 months, and then again later, if and when development is approved on any of the lots. Through the Development Agreement, we would seek a modified deadline for when the improvements would have to be installed. We are not seeking an open-ended timeframe. We suggest a modified deadline wherein the improvements would be installed either: 1) within ten years; or 2) at the time of the first home development on any of Lots# 5-8, whichever comes first. A Development Agreement could also be used to establish a cohesive set of expiration dates for the multiple permits involved.
We think the use of a Development Agreement is reasonable and appropriate for all parties. It will not result in any adverse impacts and, in fact will minimize impacts by limiting site disturbance to one, rather than multiple occurrences.
We, therefore, respectfully request that the City Council approve RM24-001 allowing the use of a Development Agreement to establish a reasonable set of timeframes and expiration dates for the various permits associated with the La Atalya project.
Sincerely,
attachments
cc: Ron and Lucille Neeley
Randy Brown, Sowards and Brown Engineering
Attachment D 53 August 26, 2024 Item 13
Attachment A - Suggested Findings Application CUP24-001 The project site is located in the City’s R1-40 Zone and, in the Bluff, Slope and Canyon, Lagoon and Open Space Overlay Zones. (BSCOZ), (LOZ) (OSOZ). Each of these overlay zones require that development of the type proposed be subject to receipt of a Conditional Use Permit (CUP).
The findings required to grant a Conditional Use Permit are found in DMMC Chapter 30.74 with additional findings required for each of the referenced Overlay Zones.
The findings below support conditional approval of the CUP.
1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located.
The private roadway (La Atalaya Way) and utility improvements therein that are the subject of this CUP, would serve future residential development of four lots (#s 5-8) of a resubdivision map previously approved by the City, TTM18-004 (La Atalaya). Although no residential development is proposed at this time, the future development on the lots would be consistent with the underlying R1-40 Zoning and Community Plan Very-Low Density Residential designations applicable to the property. The type of improvements now proposed to serve that future residential development are expressly allowed as accessory development/uses in the underlying R1-40 Zone and, in the Bluff, Slope and Canyon Overlay Zone (BSCOZ), Lagoon Overlay (LOZ), and Open Space (OSOZ), Overlay Zones.
2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located.
The established character of the surrounding neighborhood is one of single-family residences and their associated improvements, including the type of private access roads and utilities now proposed. Future residential development on the lots to be served by the improvements would be subject to separate review through the City’s Conditional Use Permit (CUP), Coastal Development Permit (CDP), Design Review Permit (DRB) and Land Conservation Permits (LC) processes, as well as all other applicable permit requirements, so as to ensure that such development will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. Approval of the current proposal, which is limited solely to installation of improvements to serve future development, as conditioned, would cause no such impacts.
3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets.
The requested CUP does not propose a use in and of itself. It is instead limited to installation of private roadway and utility improvements to serve future single-family residential uses on four lots of a previously approved subdivision, a subdivision which itself was reviewed to Attachment D 54 August 26, 2024 Item 13
Suggested Findings Application CUP24-001
Page #2
ensure that the lots would be properly located in relation to the community and that the later use of the lots for residential purposes could be adequately served by transportation and public services. Future residential development on the lots to be served by the improvements would be subject to separate review through the City’s Conditional Use Permit (CUP), Coastal Development Permit (CDP) Design Review Permit (DRB), and Land Conservation (LC) Permit review processes, as well as all other applicable permit requirements, all to ensure that such development will be in proper relation to the community. Conditional approval of the current proposal, which is limited solely to installation of improvements to serve future development, as conditioned, would cause no impacts on public services, or on transportation capacities.
4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses.
As noted above, the current CUP request is limited to authorization to install private roadway and utility improvements to serve future development of four lots of a subdivision previously reviewed, approved and conditioned by the City to ensure that the lots would be of sufficient size to layout to accommodate future residential use in a manner compatible and harmonious with nearby uses. The installation of the improvements now proposed was one of the conditions of the subdivision, in part to ensure such harmonious and compatible development.
5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan.
The property is located in the Bluff, Slope and Canyon, Lagoon, and Open Space Overlay Zones (BSCOZ, LOZ and OSOZ. Based on the additional findings below, the proposed installation of private roadway and utility improvements, as conditioned, will be consistent and compatible with the regulations of each of the applicable Overlay Zones.
Bluff, Slope and Canyon Overlay Zone (BSCOZ) findings:
The BSCOZ contains definitions and parameters for protection and encroachments into steep slopes and steep slope setbacks. Specifically, DMMC Section 30.52.060A1.d allows a maximum encroachment into 10% of a site’s steep slope area when steep slopes comprise less than 75% of the site’s total area. That is the case here. The project site for this CUP application consists of four of the lots of the approved La Atalaya subdivision. Each of those lots contain areas that qualify as steep slopes. Specifically, of the total 238,825 square feet of the project site, 125,324 square feet meet the dual criteria of the steep slope definition. The CUP proposal includes a very small area of encroachments into that designated steep slope area, 424 square feet. That represents an encroachment figure of 0.34% of the project site’s total steep slope area, a figure well below the 10% allowed (with findings), under the BSC Attachment D 55 August 26, 2024 Item 13
Suggested Findings Application CUP24-001
Page #3
Overlay Zone. The requested encroachment is limited, almost entirely to the installation of ator below-grade private roadway and the utilities to serve future development.
Pursuant to the BSC, slope encroachments are allowed with a finding that there is no feasible alternative siting which eliminates or substantially reduces the need for such construction or grading; and when it is found that the amount of encroachment into steep slope areas associated with the development has been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.
For the subject application, the extent of encroachment is .34% of the total steep slope area, a figure far less than 10% encroachment otherwise allowed. Additionally, much of the private roadway would be located in an alignment where an existing, previously disturbed driveway already exists. This greatly minimizes the extent of grading and land disturbance needed.
Further, the existence of other steep slopes and a wetland area to the north of the proposed roadway alignment, severely limit feasible alternative siting opportunities which would reduce or eiminate the need for the limited amount of encroachment proposed - while still providing a safe, adequate, access road to Lots #s 5-8.
In accordance with provisons of the BSC, the project has been analyzed and conditioned to ensure compliance with all BSC requirements related to collection and control of impervious surface runoff and long-term protection of the site’s steep slopes.
Based on the factors described above, and previous findings in the City’s approval of the La Atalaya subdivision with respect to the Bluff, Slope and Canyon Overlay Zone, it is found that, as conditioned, the subject CUP may be approved.
Lagoon Overlay Zone (LOZ) Findings:
With regard to the LOZ, the project does not contain any wetlands but is located across a paved street from wetland areas of the San Dieguito Lagoon. Physically, it is also separated from the wetlands by the six-foot-high concrete Snake Wall.
Section 35.53.100 (B) of the L-OZ calls for provisions of a 100-foot-wide buffer setback from wetland resources but allows a reduction of such buffer under defined circumstances and with findings.
Consistent with the requirements of the LOZ, the review of the corresponding La Atalaya subdivision project included a detailed study of wetland boundaries and establishment of appropriate setbacks for future residential development on Lots# 5-8 of the subdivision. The review also included a review by representatives of the California Department of Fish and Game. That review resulted in a determination that the site-specific factors, the type and size of development proposed and the mitigation measures applied as conditions of approval all combined to serve as adequate measures in lieu of a full 100-foot-wide wetland buffer/setback. That review was accompanied by a document termed “Future Development Planning Study” that was also submitted and reviewed as part of the subdivision. Its conclusion was that future development of r esidences on Lot #s 5-8 could be adequately Attachment D 56 August 26, 2024 Item 13
Suggested Findings Application CUP24-001
Page #4
supported with a 50-foot-wide wetland buffer. An additional consideration was that all such future residential development would be subject to separate reviews under the City’s Conditional Use Permit (CUP), Coastal Development Permit (CDP) Design Review Permit (DRB), and Land Conservation Permits (LC) processes.
As noted, there is no residential development proposed at this time. The project proposed in this CUP is limited to the installation of a private roadway and utilities. With two minor exceptions, all work will be located to provide a wetland setback far greater than a 100-feet.
The two exceptions include work on the un-named public alley at its closest point to its already established intersection with San Dieguito Drive and work associated with the installation of an emergency-vehicle turnaround on Lot #7. These areas are shown on project plans. As can be seen, the existence of other sensitive resources (steep slopes and a maritime chapparal area), severely limit feasible alternative for alternate siting of these two project components. In accordance with provisions of the LOZ, the project has been conditioned to provide a variety of measures to ensure long-term protection of the nearby wetlands.
Based on the factors described above, and previous findings in the City’s approval of the La Atalaya subdivision with respect to appropriate wetland setbacks, it is found that the subject CUP may provide a less-than 100-foot-wide wetland buffer and that, as conditioned, the project would not result in any diminution of the nearby wetland resources and may be approved.
Open Space Overlay Zone (OSOZ) Findings:
The site is part of Area “U “ (The Snake Wall), of the Open Space Element of the Del Mar Community Plan. Section 30.60.030 of the OSOZ allows those uses permitted in the underlying zone, in this case, the R1-40 Zone, and those allowed per the Community Plan’s Very-Low Density Residential designations.
Although no residential development is proposed at this time, the future development on the lots would be consistent with those underlying zoning and Community Plan designations.
Further, the type of improvements now proposed to serve future residential development on Lots #s 5-8 of the approved subdivision are expressly allowed as accessory development/uses in the underlying R1-40 Zone and, similarly, are allowed on properties in the Bluff, Slope and Canyon Overlay Zone (BSC), Lagoon Overlay (L), and Open Space (OS), Overlay Zones.
The OS-OZ also calls for development to be compliant with the OS-OZ’s “Development Criteria to Preserve Open Space Sensitivities “identified for each area. In this case, the Area “U” criteria include the following criteria, with notations in italics inserted below each, supporting compliance with the applicable provisions of the OS-OZ. • Preserve public pedestrian trail within the site.
The only public access trail in Area “U” is the San Dieguito Riverwalk located across from the site, on the other side of the San Dieguito Drive public roadway. It will not be affected by the project and, in fact, will be enhanced due to the trail-improvement mitigation fee that was applied as part of the La Atalya subdivision approval.
Attachment D 57 August 26, 2024 Item 13
Suggested Findings Application CUP24-001
Page #5
• Preserve steep slopes and vegetation.
The subject project, and the associated La Ataya subdivision have been reviewed under the BSC-OZ to ensure protection of steep slope areas and their vegetation. • Preserve open character of site when viewed from west, north and east.
The limited amount of work proposed in the CUP is largely for at-grade improvements. As such, there will be no adverse impacts on the open-space character of the property.
Additionally, the project will be subject to the Design Review Ordinance (DRO), process, including review for compliance with DRO’s applicable provisions regarding protection of open space.
• Restrict development to least sensitive portions of site.
The subject project, and the associated La Ataya subdivision have been reviewed under the BSCOZ and LOZ to ensure protection of on-site steep slope areas, their vegetation and protection of nearby sensitive wetland resources.
• Protect views from top of site.
All work proposed would be well below the upper reaches of Area “U.” Overall Finding Supporting Conditional Approval of the CUP:
Based on the findings cited herein, conditional approval of the CUP is found to be warranted, and consistent with the provisions of the DMMC Chapter 30.74 and with the provisions of BSC, LOZ and OS Overlay Zone segments of the City Zoning Code and Local Coastal Program.
Attachment D 58 August 26, 2024 Item 13
Attachment B - Suggested Findings Application CDP24-008 The site is located within the California Coastal Zone and in the Coastal Zone Appeals Area. The project involves installation of a private roadway and private utility improvements proposed and required as part of a previously approved subdivision, TTM18-004 (La Atalaya).
The required findings for approval of a CDP are contained in DMMC Section 30.75.140. Each of the required findings is cited below, along with suggested findings to support conditional approval of the application.
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.
The private roadway (La Atalaya Way) and the utility improvements therein that are the subject of this CDP, would serve future residential development of four lots (#s 5-8) of a subdivision map previously approved by the City in application TTM18-04. Although no residential development is proposed at this time, the future development on the lots would be consistent with the underlying LCP R1-40 Zoning and Community Plan Very-Low Density Residential designations applicable to the property. The associated private roadway and utility improvements now proposed to serve that future residential development are expressly allowed as accessory development/uses in the underlying R1-40 Zone and in the applicable Bluff, Slope and Canyon (BSC), Lagoon (L), and Open Space (OS), Overlay Zones.
2. That the proposal meets the criteria of the applicable chapters of this Title.
As conditioned, the project would meet the applicable criteria of the Del Mar Zoning Code, and LCP Implementing Ordinances, specifically, Chapter 30.10 (R1-40 Zone). As conditioned, it will also comply with the criteria of DMMC Chapters 30,52, (Bluff, Slope and Canyon Overlay Zone);
30.53 (Lagoon Overlay Zone); 30.60 (Open Space Overlay Zone; and 30.75 (Coastal Development Permits). The consistency with Chapters 30.52, 30.53 and 30.60 is described in the separate, but related, CDP findings below.
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).
As described below, the Coastal Development Permit, as conditioned, will be in conformity with the certified City of Del Mar Local Coastal Program.
The property is located in the Bluff, Slope and Canyon, Lagoon, and Open Space Overlay Zone segments of the Del Mar LCP. Based on the additional findings below, the proposed installation of private roadway and utility improvements, as conditioned, will be consistent and compatible with the regulations of each of those applicable Overlay Zones.
Bluff, Slope and Canyon Overlay (BSCOZ) Zone findings:
The BSCOZ contains definitions and parameters for protection and encroachments into steep slopes and steep slope setbacks. Specifically, DMMC Section 30.52.060A1.d allows a maximum encroachment into 10% of a site’s steep slope area when steep slopes comprise less than 75% of the site’s total area. That is the case here. The project site for this CUP application consists of four of the lots of the approved subdivision (#s 5-8). Each of those lots contain areas that qualify as steep slopes. Specifically, of the total 238,825 square feet of the Attachment D 59 August 26, 2024 Item 13
Suggested Findings Application CDP24-008
Page #2
project site, 125,324 square feet meet the dual criteria of the steep slope definition. The CUP proposal includes a very small area, 424 square feet, of encroachments into the project site’s designated steep slope area. That represents 0.34% of the total steep slope area, a figure well below the 10% allowed (with findings), under the BSC Overlay Zone. The requested encroachment is limited, almost entirely to the installation of at- or below-grade private roadway and the utilities to serve future development.
Pursuant to the BSC, slope encroachments are allowed with a finding that there is no feasible alternative siting which eliminates or substantially reduces the need for such construction or grading; and when it is found that the amount of encroachment into steep slope areas associated with the development has been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.
For the subject application, the extent of encraochment is .34% of the total steep slope area, a figure far less than 10% encroachment otherwise allowed. Additionally, much of the private roadway would be located in an alignment where an existing, previously disturbed driveway already exists. This greatly minimizes the extent of grading and land disturbance needed.
Further, the existence of other steep slopes and a wetland area to the north of the proposed roadway alignment, severely limit feasible alternative siting opportunities which would reduce or eiminate the need for the limited amount of encraochment proposed - while still providing a safe, adequate, access road to Lots #s 5-8.
Further, because of the existence of other steep slopes and a wetland area to the north of the proposed roadway alignment, there is no feasible alternative siting which would reduce or eliminate the need for the limited amount of encroachment proposed - while still providing a safe, adequate, access road to Lots #s 5-8.
In accordance with provisons of the BSC, the project has been analyzed and conditioned to ensure compliance with all BSC requirements related to collection and control of impervious surface runoff and long-term protection of the site’s steep slopes.
Based on the factors described above, and previous findings in the City’s approval of the La Atalaya subdivision with respect to the Bluff, Slope and Canyon Overlay Zone, it is found that, as conditioned, the subject CUP may be approved.
Lagoon Overlay Zone (LOZ) Findings:
With regard to the LOZ, the project does not contain any wetlands but is located across a paved street from wetland areas of the San Dieguito Lagoon. Physically, it is also separated from the wetlands by the six-foot-high concrete Snake Wall.
Section 35.53.100 (B) of the LOZ calls for provisions of a 100-foot-wide buffer setback from wetland resources but allows a reduction of such buffer under defined circumstances and with findings.
Consistent with the requirements of the LOZ, the review of the corresponding La Atalaya subdivision project included a detailed study of wetland boundaries and establishment of Attachment D 60 August 26, 2024 Item 13
Suggested Findings Application CDP24-008
Page #3
appropriate setbacks for future residential development on Lots# 5-8 of the subdivision. The review also included a review by representatives of the California Department of Fish and Game. That review resulted in a determination that the site-specific factors, the type and size of development proposed and the mitigation measures applied as conditions of approval, all combined to serve as adequate measures in lieu of a full 100-foot-wide wetland buffer/setback. That review was accompanied by a document termed “Future Development Planning Study” that was submitted and reviewed as part of the subdivision. Its conclusion was that future development of r esidences on Lot #s 5-8 could be adequately supported with a 50-foot-wide wetland buffer. An additional consideration was that all such future residential development would be subject to their own separate reviews under the City’s Conditional Use Permit (CUP), Coastal Development Permit (CDP), Design Review Permit (DRB), and Land Conservation Permits (LC) processes.
As noted, there is no residential development proposed at this time. The project proposed in this CUP is limited to the installation of a private roadway and utilities. With two minor exceptions, all work will be located to provide a wetland setback far greater than a 100-feet.
The two exceptions include work on the un-named public alley at its closest point to its already established intersection with San Dieguito Drive and work associated with the installation of an emergency-vehicle turnaround on Lot #7. These areas are shown on project plans. As can be seen, the existence of other sensitive resources (steep slopes and a maritime chapparal area), severely limit feasible alternative for alternate siting of these two project components. In accordance with provisions of the LOZ, the project has been conditioned to provide a variety of measures to ensure long-term protection of the nearby wetlands.
Based on the factors described above, and previous findings in the City’s approval of the La Atalaya subdivision with respect to appropriate wetland setbacks, it is found that the subject CUP may provide a less-than 100-foot-wide wetland buffer and that, as conditioned, the project would not result in any diminution of the nearby wetland resources and may be approved.
Open Space Overlay Zone (OSOZ) Findings:
The site is part of Area “U “(The Snake Wall), of the Open Space Element of the Del Mar Community Plan. Section 30.60.030 of the OSOZ allows those uses permitted in the underlying zone, in this case, the R1-40 Zone, and those allowed per the Community Plan’s Very-Low Density Residential designations.
Although no residential development is proposed at this time, the future development on the lots would be consistent with the underlying zoning and Community Plan designations.
Further, the type of improvements now proposed to serve future residential development on Lots #s 5-8 of the approved subdivision are expressly allowed as accessory development/uses in the underlying R1-40 Zone and, similarly, are allowed on properties in the Bluff, Slope and Canyon Overlay Zone (BSC), Lagoon Overlay (L), and Open Space (OS), Overlay Zones.
The OS-OZ also calls for development to be compliant with the OSOZ’s “Development Criteria to Preserve Open Space Sensitivities” identified for each area. In this case, the Area Attachment D 61 August 26, 2024 Item 13
Suggested Findings Application CDP24-008
Page #4
“U” criteria include the following, with notations in italics inserted below each, supporting compliance with the applicable provisions of the OS-OZ. • Preserve public pedestrian trail within the site.
The only public access trail in Area “U” is the San Dieguito Riverwalk located across from the site, on the other side of the San Dieguito Drive public roadway. It will not be affected by the project and, in fact, will be enhanced due to the trail-improvement mitigation fee that was applied as part of the La Atalya subdivision approval. • Preserve steep slopes and vegetation.
The subject project, and the associated La Ataya subdivision have been reviewed under the BSCOZ to ensure protection of steep slope areas and their vegetation. • Preserve open character of site when viewed from west, north and east.
The limited amount of work proposed is largely for at-grade improvements. As such, there will be no adverse impacts on the open-space character of the property. Additionally, the project will be subject to the Design Review Ordinance (DRO), process, including review for compliance with DRO’s applicable provisions regarding protection of open space. • Restrict development to least sensitive portions of site.
The subject project, and the associated La Ataya subdivision have been reviewed under the BSCOZ and LOZ to ensure protection of on-site steep slope areas, their vegetation and protection of nearby sensitive wetland resources.
• Protect views from top of site.
All work proposed would be well below the upper reaches of Area “U.”
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
The project is consistent with and implements the applicable requirements for provision of public access contained in the Del Mar Zoning Code, the certified City of Del Mar Local Coastal Program (LCP) and in the public access and public recreation policies of Chapter 3 of the California Coastal Act. Although the project site is located between the first coastal roadway and the sea, it is not located on or immediately adjacent to any shoreline area. Therefore, there is no opportunity for the public to gain access to or along shoreline from or across the site.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
No shoreline protection devices are proposed as part of this project.
Attachment D 62 August 26, 2024 Item 13
Suggested Findings Application CDP24-008
Page #5
6. That the proposal is consistent with and implements the provisions of public view protection Policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The project is consistent with and implements the provisions of public view protection policies of the LCP, including those of the LCP Land Use Plan. The project is limited, almost entirely to installation of at-grade roadway improvements and below-grade utility improvements, none of which would create impacts on public views. The sole exception to the at-and below-grade work is the realignment of an approximately 40-foot-long section of the existing masonry Snake Wall to improve line-of-sight traffic safety for vehicles exiting the private roadway. The realigned section of the wall would be of the same design and material and would shift a maximum of six feet from its present alignment. This minor shift in alignment would cause no public view impacts. As added assurance, the project will be subject to separate review under the City’s Design Review Process, including review for conformance with the public and private view protection regulations of the City’s Design Review Ordinance.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The project site itself does not contain any wetland resources. However, due to the existence of wetlands in the nearby San Dieguito Lagoon, it is located in the Lagoon Overlay Zone (L-OZ) of the LCP. See section #3 above for findings of consistency with the provisions of the LCP Lagoon Overlay Zone and for refence to the conditions attached to this CDP to ensure long-term protection of wetland resources.
Overall Finding Supporting Conditional Approval of the CDP:
Based on the findings cited herein, conditional approval of the CDP is found to be warranted, and consistent with the provisions of the BSC, LOZ and OS Overlay Zone segments of the Del Mar LCP and with Chapter 3 of the California Coastal Act.
Attachment D 63 August 26, 2024 Item 13
Attachment E 64 August 26, 2024 Item 13
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joseph D. Smith, AICP, Planning and Community Development Director Jennifer Gavin, Associate Planner
Via CJ Johnson, City Manager
DATE: February 1, 2021
SUBJECT: Request to Adopt a Mitigated Negative Declaration and Approve Tentative Tract Map (TTM18-004), Coastal Development Permit (CDP18-016), Street Vacation (SV20-001), and Conditional Use Permit (CUP18-004) for an Eight-Lot Reconfiguration on 18.1 acres, including Roadway and Utility Improvements and a Summary Vacation of Public Easements and Alley Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299- 261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00
Location: South of San Dieguito Road, north of Zapo Street, east of Gatun Road, and west of Serpentine Drive. The project is located in the California Coastal Commission’s appeal jurisdiction.
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and 1) adopt the proposed resolution (Attachment A) adopting a Mitigated Negative Declaration (MND) (State Clearinghouse (SCH) No. 2020100558) and Mitigation Monitoring and Reporting Program (MMRP) and approving a Tentative Tract Map (TTM18-004), Coastal Development Permit (CDP18-016), and Conditional Use Permit (CUP18-004) for the reconfiguration of eight lots known as “La Atalaya,” totaling approximately 18.1 acres of land into eight different lots; to make related roadway and utility improvements; and 2) adopt a resolution (Attachment B) approving an application for Summary Vacation (SV20-001) of two public easements and a public alley in compliance with the California Streets and Highways Code.
Attachment F 71 August 26, 2024 Item 13
ACTION TAKEN FOR ITEM 14:
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR WORDEN TO ADOPT RESOLUTION 2021-05, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING REPORTING PROGRAM AND APPROVING A TENTATIVE TRACT MAP (TTM18-004), COASTAL DEVELOPMENT PERMIT (CDP18-016), AND CONDITIONAL USE PERMIT (CUP18-004) TO SUBDIVIDE EIGHT LOTS TOTALING APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS “LA ATALAYA” INTO EIGHT
RECONFIGURED LOTS SOUTH OF SAN DIEGUITO DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN STREET, AND WEST OF SERPENTINE DRIVE; TO MAKE RELATED ROADWAY AND UTILITY IMPROVEMENTS”, WITH CONDITION OF APPROVAL THAT
EACH LOT PRESERVE INTACT THE WALL, AND MINOR MODIFICATION TO THE WALL ON LOT 1 AS NEEDED TO ACCESS THE PROPERTY. (VOTE 5-0)
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2021-06, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, APPROVING SUMMARY VACATION OF TWO PUBLIC EASEMENTS FROM A VACANT LOT (APN 299-192-24-00) AND AN ALLEY BETWEEN THE VACANT LOT AT APN 299-192-24-00 AND THE PROPERTY AT 690 SERPENTINE DRIVE (APN 299-200-65-00).” (VOTE 5-0)
Attachment F 72 August 26, 2024 Item 13
City Council Agenda Report
TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
EXECUTIVE SUMMARY:
The applicant is requesting approval of a Tentative Tract Map (TTM), Coastal Development Permit (CDP), Street Vacation (SV), and Conditional Use Permit (CUP) to reconfigure eight lots totaling approximately 18.1 acres of land into eight different lots.
No new lots would be created by the TTM. Two of the lots include an existing residence that would remain. The applicant’s requests are solely limited to the subdivision of land into eight legal lots and does not propose residential development on the remaining six vacant lots. However, the applicant does propose related roadway and utility improvements and to vacate two public easements and a public alley that will be discussed further in this report.
Pursuant to the California Environmental Quality Act (CEQA), the Planning and Community Development Department prepared an Initial Study and MND (IS/MND) (Attachment C). Even though the applicant is not requesting residential development, the IS/MND analyzes the proposed lot configuration assuming residential build-out of the six vacant lots. The Initial Study identified potential impacts in the areas of Biological Resources, Cultural Resources, Noise, Geology and Soils, and Tribal Cultural Resources. Mitigation measures were included with the MND to reduce all impacts to less than significant with mitigation. A MMRP would be adopted with City Council’s adoption of the MND.
PLANNING COMMISSION RECOMMENDATION:
On January 12, 2021, the Planning Commission conducted a public hearing on the request and received public testimony from the applicant and neighboring property owners. Written and oral public testimony presented to the Planning Commission included concerns primarily focused around future development of proposed Lot 1 and, more specifically, a condition of approval requiring the applicant to relocate a Cityowned public sewer line that traverses proposed Lot 1 by moving it to the adjacent, unimproved public alley. Of particular concern to the neighboring property owners was the additional requirement for alley improvements in order to provide an access road to an existing manhole in the alley for City maintenance purposes. The neighbors felt this would be disruptive and out of character with the alley in its unimproved state.
After much discussion regarding the recommended condition for sewer/alley public improvements adjacent to proposed Lot 1, the Planning Commission adopted a resolution unanimously recommending that the City Council adopt the MND and approve the requested TTM and associated development applications. Additionally, the Planning Commission recommended that staff revisit the issue concerning public sewer/alley access and determine whether there are alternatives that would address the neighbors’ concerns prior to the item’s consideration by the City Council.
Following the Planning Commission hearing, Planning staff met with the City Engineer/Public Works Director to evaluate alternatives to the sewer relocation and alley improvements. The City Engineer found that it would be more efficient if the sewer Attachment F 73 August 26, 2024 Item 13
City Council Agenda Report
TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
relocation and alley improvements occurred concurrent with any future development on proposed Lot 1. As such, the City Engineer included a revised condition simply requiring an access easement over the existing sewer line on proposed Lot 1 thereby leaving the unimproved alley in its current state. If, and when, a residence is proposed on Lot 1 in the future, the City Engineer will re-evaluate if the sewer relocation and alley improvements would be required at that time. The proposed map (Attachment D) reflects the sewer line and alley in its current state and the attached resolution (Attachment A) includes a modified condition of approval (Condition E40C e) requiring an access easement over the existing sewer line.
DISCUSSION/ANALYSIS:
The Project proposes to subdivide eight existing parcels, consisting of a total of approximately 18.1 acres, into eight reconfigured single dwelling unit residential lots as follows:
Assessor Parcel
Number (APN)
Street Access From Existing Lot
Label*
Proposed Lot
Label**
299-261-43 Zapo Street Lot O Lot 1
299-192-24 Zapo Street Lot U Lot 2
299-200-64 Gatun Street Parcel 3 Lot 3
299-200-65 Serpentine Drive Parcel 4 Lot 4
299-261-14 Serpentine Drive Block 30 Lot 4
299-261-42 Serpentine Drive Lot G Lot 4
299-200-62 San Dieguito Drive Parcel 1 Lots 5 & 6
299-200-63 San Dieguito Drive Parcel 2 Lots 7 & 8
*The existing configuration of lots has been included as Attachment E. **The proposed TTM (map) is included as Attachment C.
Existing lots “O”, “U”, “Block 30”, “G”, and Parcels 1 and 2 are all vacant undeveloped lots for which development is not proposed at this time. Existing “Parcel 3” and “Parcel 4” are existing developed lots featuring single dwelling units to remain.
Tentative Tract Map
The applicant is requesting approval of a TTM to subdivide eight existing lots into eight reconfigured lots. No new lots would result from the action. All existing development on proposed Lots 3 and 4 would remain and no additional residential development is proposed at this time on the remaining six vacant lots. The following improvements are included with the proposed TTM (map) which require subsequent Design Review and Land Conservation approvals (where applicable) prior to approval of the Final Map:
• The relocation of a shed from proposed Lot 7 to Lot 3 • A new private road referred to as “La Atalaya Way” across proposed Lots 5-8 • The existing and historic “Snake Wall” needs to be modified in order to provide adequate access for emergency vehicles where the alley from San Dieguito Drive Attachment F 74 August 26, 2024 Item 13
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February 1, 2021
meets the new private road “La Atalaya Way”. Further, modifications are necessary in order to improve vehicle sight lines when exiting the alley onto San Dieguito Drive.
Del Mar Municipal Code (DMMC) Section 24.12.030 (Subdivisions) requires that lots proposed as part of a subdivision application meet the minimum lot dimension standards identified in the underlying zone, which in this case is the R1-40 Zone (Very Low Density Residential). The proposed parcel boundaries have been arranged to meet the size and design requirements of the R1-40 Zone. DMMC Section 30.10.070 (Zoning) sets forth the development standards for subdivisions in the R1-40 Zone. All eight proposed parcels would conform to the required design and dimensions of the R1-40 Zone as shown in the table below:
Design Standard R1-40
Zone
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5
Min. Lot Size 40,000 sf. 41,108
sf.
47,505 sf. 173,386
sf.
270,130
sf.
43,036
sf.
Min. Street
Frontage
20 ft. 220 ft.* 215 ft. 32 ft. 266 ft. 202 ft.
Min. Lot Width 75 ft. 184 ft. 170 ft. 139 ft. 389 ft. 195 ft.
Min. Lot Depth 100 ft. 196 ft. 270 ft. 1,008 ft. 572 ft. 239 ft.
Design Standard R1-40
Zone
Lot 6 Lot 7 Lot 8
Min. Lot Size 40,000 sf. 42,524
sf.
41, 009
sf.
110, 013
sf.
Min. Street
Frontage
20 ft. 148 ft. 216 ft. 24 ft.
Min. Lot Width 75 ft. 180 ft. 210 ft. 453 ft.
Min. Lot Depth 100 ft. 267 ft. 250 ft. 250 ft.
*The existing street frontage for proposed Lot 1 is from an unimproved alley which, per the DMMC, is considered a “street” when there is no access from a right-of-way (Zapo Street).
The proposed TTM has been reviewed by Public Works/Engineering, Fire, and Planning Departments for Subdivision Ordinance requirements. Pursuant to these reviews, conditions of approval have been recommended to ensure the project’s consistency with the provisions of the Zoning Code, the policies and goals of the Del Mar Community Plan, and the City’s certified Local Coastal Program (LCP).
The recommended conditions of approval and findings required for the TTM are included in the attached resolution (Attachment A).
Attachment F 75 August 26, 2024 Item 13
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TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
Conditional Use Permit:
The project is subject to the receipt of a Conditional Use Permit (CUP) due to the site’s location within the Bluff, Slope and Canyon Overlay Zone, Open Space Overlay Zone, and the Lagoon Overlay Zone. In addition, a CUP is required because the improvement of “La Atalaya Way” is partially located within areas considered steep slopes and steep slope setbacks as defined by the DMMC.
Bluff, Slope and Canyon Overlay Zone (BSC-OZ):
The BSC-OZ (DMMC Section 30.52.100) requires a CUP to be obtained in the case of a proposed subdivision and for certain improvements within areas considered steep slopes and steep slope setbacks. The BSC-OZ is intended to protect bluffs, related canyons and steep slopes, as well as protect downstream resources from potential adverse impacts caused from erosion and sedimentation. The entire project site is located within the BSC-OZ.
Steep slopes are present in the eight lots as follows:
Proposed Lot Steep Slope Area % Steep Slopes on Site
Lot 1 24,682 sf. 60%
Lot 2 35,666 sf. 75.1%
Lot 3 91,280 sf. 52.7%
Lot 4 210,220 sf. 77.8%
Lot 5 15,285 sf. 35.5%
Lot 6 11,237 sf. 26.4%
Lot 7 17,951 sf. 43.8%
Lot 8 80,995 sf. 73.6%
The development of “La Atalaya Way” requires encroachment into the steep slope setbacks and steep slopes as follows:
Proposed Lot Encroachment into
Steep Slope
Setback
Encroachment into
Steep Slopes
% Steep Slope
Encroachments
Lot 5 805 sf. 0 sf. 0%
Lot 6 1,184 sf. 0 sf. 0%
Lot 7 2,170 sf. 718 sf. 4%
Lot 8 60 sf. 0 sf. 0%
The “La Atalaya Way” improvements encroach into steep slope areas by 4%, which is less than the allowable 10% encroachment pursuant to DMMC Section 30.52.060A.1.d. The new roadway would be roughly located where the existing driveway currently crosses the existing two lots. This allows the placement of the new road largely within the existing Attachment F 76 August 26, 2024 Item 13
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February 1, 2021
location thereby minimizing the amount of new disturbance in steep slopes and steep slope setbacks. Given the steep slopes to the south and the wetland buffer to the north of the lots (further described in L-OZ below) it appears that slope encroachment is required in order to have an adequate building site outside of the protected resources for future residences.
As part of the CEQA process, the applicant submitted a future development planning study that shows the potential buildable areas of the six vacant lots given the typical zoning and various overlay constraints (Attachment F). With exception to proposed Lot 2, the remaining five proposed lots were able to site a potential building pad for a residence which was one-story (per the BSC overlay design requirements) and the maximum FAR allowed. Lot 2 has a conceptual building area, which is approximately 1,218 square feet less than zoning would otherwise allow. However, there would still be approximately 4,180 square feet of developable area and the proposed changes to the lot only add additional steep slope area without reducing the existing developable area.
Pursuant to DMMC 30.52.060 findings are required both for a subdivision within the Bluff, Slope, and Canyon Overlay Zone and for encroachment of improvements into the Steep Slope Area and setbacks. The suggested findings are included in the resolution attached as Attachment A.
Lagoon Overlay Zone (L-OZ):
The L-OZ was incorporated into the DMMC as a part of the LCP’s Implementing Ordinances, which gives authority to the City to issue Coastal Development Permits.
The L-OZ is intended to protect the wetland resources of the San Dieguito and the Los Peñasquitos Lagoons, and their sensitive upland habitats. The partial location of the subdivision site (proposed Lots 5-8) within the L-OZ triggers a requirement for a CUP.
Proposed Lots 1-4, south of the San Dieguito lots, are not located within the L-OZ.
In reviewing such CUP applications, the City Council is to analyze a proposal to determine: 1) if any impact is proposed within a wetland area; 2) the appropriateness of any requested reduction of a wetland buffer; and 3) the retention of wetland areas in open space easements with appropriate mitigation measures.
The project proposes to incorporate a reduced minimum 50-foot wetland buffer (where 100 feet is normally required) on proposed Lots 5-8. Per the L-OZ, the reduction is allowed with concurrence from the California Department of Fish and Wildlife (CDFW) and findings made by the Planning Commission. The buffer begins along the edge of the San Dieguito Lagoon vegetation and edge of San Dieguito Drive pavement on the northern boundary of San Dieguito Drive. The existing road footprint and historic Snake Wall that occurs along the project boundary would remain within the buffer. Beyond the Snake Wall, the project would implement an additional 15 to 22 feet of wetland buffer on proposed Lots 5-8. All project improvements would occur outside of the on-site wetland buffer and a condition of approval has been included which requires a deed restricted Attachment F 77 August 26, 2024 Item 13
City Council Agenda Report
TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
open space be placed on the portions of these proposed lots within the 50-foot buffer.
Additionally, an open space easement is required over a portion of proposed Lot 8 (see Attachment G) which would preserve 0.51 acres of Southern Maritime Chaparral.
A 50-foot wetland buffer appears to be appropriate because of the location of San Dieguito Drive, the existing on-site historic Snake Wall, which consists of a six-foot-tall masonry barrier that isolates the project boundary from off-site wetland resources, and the inclusion of an open space easement that would protect 0.51 acres of Southern Maritime Chaparral. The Snake Wall appears to have served well to prevent domestic animals from obtaining access into the wetlands. Implementation of a full 100-foot wetland buffer does not appear to result in any further protections of the wetlands and reduction in the wetland buffer does not appear to adversely affect the wetlands from the existing conditions. However, establishment of a 100-foot wetland buffer would substantially limit future potential development of the parcels at the northern portion of the site. As a result, a 100-foot buffer could push proposed and future potential development further into steep slopes. This would result in an adverse impact upon Southern Maritime Chaparral and create potential visual impacts.
Pursuant to DMMC Section 30.53.170, specific findings are required both for a subdivision within the L-OZ and for a wetland buffer reduction. On January 12, 2021, the Planning Commission made findings to support this reduction and CDFW provided concurrence with the reduction (Attachment H). Should the City Council want to approve the reduction, suggested findings are included in the draft resolution (Attachment A).
Conditional Use Permit Findings:
Pursuant to DMMC Chapter 30.60, each determination granting a CUP for subdivision of land within the BSC-OZ and L-OZ shall be supported by findings made by the City Council. Suggested findings are included in Attachment A.
Coastal Development Permit:
The project site is located within the California Coastal Zone and, therefore, requires the receipt of a Coastal Development Permit (CDP). The applicant has submitted the necessary materials and the CDP application is included with the requested TTM and CUP reviewed by the Planning Commission. The standards of review for the CDP application are the Implementing Ordinances of the City’s certified LCP.
Staff has reviewed the application for its consistency with the applicable provisions of the LCP, specifically resource protection, avoidance of hazards, and public access standards. Regarding public access standards, the project is located within an identified Public Access Trail site along the frontage of proposed lots 5-8 in the City’s Land Use Plan of the City’s Local Coastal Program. As such, the development is subject to review under the public access standards of DMMC Chapter 30.61. The regulatory standards require that any decision on a requested CDP include a specific finding(s) as to why the requested CDP should or should not be conditioned to require the provision of public Attachment F 78 August 26, 2024 Item 13
City Council Agenda Report
TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
access opportunities to and/or along the shoreline, opportunities in the form of public access easements, installation of access improvements, or both.
Applicable to the project, staff is recommending that a finding can be made to require a $6,000 in-lieu payment toward the City’s planned Riverpath Phase III extension to be located immediately across San Dieguito Drive from proposed Lots 5-8. Because of the location of the Snake Wall and the change in topography directly in front of proposed Lots 5-8, citing the planned Riverpath Phase III extension within the project site would not be feasible. Therefore, the in-lieu fee is considered a sufficient alternative for providing public access within proximity to the San Dieguito Lagoon.
Due to the site’s location, the project is located in the appeal jurisdiction of the California Coastal Commission (CCC). As such, the City’s action on the CDP application will be appealable to the CCC by an aggrieved person or by any two of the CCC Commissioners. Information on the CCC appeal process is available at https://coastal.ca.gov/cdp/cdp-forms.html
Coastal Development Permit Findings:
Pursuant to DMMC Chapter 30.75, each determination granting a CDP for development shall be supported by findings made by the City Council. Suggested findings are included in Attachment A.
Street Vacation:
The applicant is requesting to vacate two public easements that cross proposed Lot 2 and a 2,879 square foot undeveloped public alley (“paper alley”) located between proposed Lots 2 and 4. In the past, the two easements used to serve a water tower that was located on this site and has since been removed. The paper alley is undeveloped, unused, and consists primarily of steep slopes. Future use is not anticipated. If vacated, the 2,879 square foot area would revert to proposed Lot 2.
Note that a variety of other private easements are being considered by the applicant to be quitclaimed; however, because these are private, City review and approval is not required.
The City Council is required to follow the procedures for a right-of-way vacation as outlined in California Streets and Highways Code (SHC) Section 8320. Staff has determined that, per the SHC, the vacation requests are eligible for a “summary” vacation process. This type of process requires City Council approval and recordation of a resolution and a depiction of the areas vacated, which are shown on the proposed TTM subdivision map. A (separate) resolution for approval of SV20-001 has been included as Attachment B to this report.
Attachment F 79 August 26, 2024 Item 13
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TTM18-004/CDP18-016/CUP18-004/SV20-001
February 1, 2021
This street vacation request has also been reviewed by Public Works/Engineering to determine the appropriateness of the right-of-way vacation. As part of that review, no objections were raised on vacating the two public easements and paper alley.
Street Vacation Findings:
Pursuant to SHC Section 8320, vacations shall be supported by findings made by the City Council. Suggested findings are included in Attachment B FISCAL IMPACT:
There would be no fiscal impact to the City as this is a private development proposal.
All fees associated with the project and CEQA processing have been paid by the applicant. Additionally, all costs associated with any future development of the subdivision, including required public improvements, would be paid by the applicant or future owners of the subdivided lots.
ENVIRONMENTAL IMPACT:
Pursuant to the provisions of CEQA, the Planning and Community Development Department prepared an Initial Study and MND (Attachment C). The MND includes a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project with measures to ensure conformance with the applicable provisions of the BSC-OZ. The Initial Study identified potential impacts for the following areas: Biological Resources, Cultural Resources, Noise, Geology and Soils, and Tribal Cultural Resources. A detailed review of the potential impacts is included in the Initial Study. The MND includes mitigation measures that reduce all impacts to less than significant levels with mitigation.
All mitigation measures included in the MND are included as conditions of approval in the requested permits.
In accordance with Public Resources Code Section 21091 and CEQA Guidelines Section 15073, the draft IS/MND was circulated for public review and comments for a 30-day period from October 29, 2020 through November 30, 2020. The documents were made available at the Del Mar Public Library and on the City’s website. Due to the COVID-19 pandemic, City Hall was closed to the public during the comment period and a physical copy of the IS/MND was not provided at this location. Four comments from the public, other agencies, or interested parties were submitted to the City. The IS/MND concludes that all identified potential impacts can be reduced to less than significant with mitigation. The City of Del Mar City Hall, located at 1050 Camino del Mar, Del Mar, CA 92014 (online at www.delmar.ca.us), is the custodian of the documents and other material which constitutes the record of proceedings upon which a decision is based.
ATTACHMENTS:
Attachment A – Draft Resolution for Applications TTM18-004, CDP18-016, CUP18-004 Attachment B- Draft Resolution for Summary Vacation (SV18-001) Attachment C – Draft IS/MND and MMRP
Attachment D – Proposed TTM (Subdivision Map)
Attachment F 80 August 26, 2024 Item 13
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February 1, 2021
Attachment E – Existing Lot Configuration
Attachment F – Future Development Planning Study
Attachment G – Open Space Exhibit
Attachment H – Correspondence from CDFW
Attachment F 81 August 26, 2024 Item 13
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING REPORTING PROGRAM AND
APPROVING A TENTATIVE TRACT MAP (TTM18-004), COASTAL
DEVELOPMENT PERMIT (CDP18-016), AND CONDITIONAL USE
PERMIT (CUP18-004) TO SUBDIVIDE EIGHT LOTS TOTALING
APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS “LA ATALAYA”
INTO EIGHT RECONFIGURED LOTS SOUTH OF SAN DIEGUITO
DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN STREET, AND
WEST OF SERPENTINE DRIVE; TO MAKE RELATED ROADWAY AND
UTILITY IMPROVEMENTS; IN THE CITY OF DEL MAR, CALIFORNIA WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property commonly referred to as “La Atalaya” identified by Assessor Parcel Numbers (APNs) 299-200-65- 00, 299-261-43-00, 299-261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00; and
WHEREAS, the Applicant applied for a Tentative Tract Map (TTM18-004), Coastal Development Permit (CDP18-016), and Conditional Use Permit (CUP18-004), to reconfigure eight existing lots and make associated roadway and utility improvements; and
WHEREAS, the Project site is located within the R1-40 Zone (Very Low Density Residential), the Bluff, Slope and Canyon Overlay Zone (BSC-OZ), the Lagoon Overlay Zone (L-OZ), and the Open Space Overlay Zone; and
WHEREAS, the Project requests a Wetland Buffer reduction pursuant to Del Mar Municipal Code (DMMC) Section 30.53.100 in the L-OZ from 100 feet to 50 feet; and WHEREAS, the City determined that the Project was subject to the California Environmental Quality Act (CEQA) and as such, prepared an Initial Study and Mitigated Negative Declaration (IS/MND) (State Clearinghouse (SCH) No. 2020100558) for the project. The IS/MND was prepared in accordance with applicable law, including CEQA, Public Resources Code of Regulations section 21000 et seq., the CEQA Guidelines, 14 California Code of Regulations section 15000 et seq., and the City’s Supplemental CEQA Regulations. The IS/MND was circulated for a 30-day review period to the public, responsible agencies, and other interested persons for review and comment for between October 29, 2020 to November 30, 2020; and
WHEREAS, written comments were received on the IS/MND during the 30-day review period; and
WHEREAS, the IS/MND concluded that the implementation of the Project will have less than significant impacts with mitigation measures included for potential Attachment F 82 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 2 adverse impacts to Biological Resources, Cultural Resources, Noise, and Tribal Cultural Resources; and
WHEREAS, under CEQA, a lead agency makes a determination on a Project requiring the implementation of measures to mitigate or avoid significant effects on the environment; and CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation. As such, a MMRP has been prepared for the Project for consideration by the City of Del mar City Council as the decision-maker and lead agency for the Project; and Whereas, the City of Del Mar City Hall located at 1050 Camino del Mar, Del Mar, CA 92014 (online at www.delmar.ca.us) is the custodian of the documents and other material which constitutes the record of proceedings upon which a decision is based; and
WHEREAS, on January 12, 2021, the Planning Commission of the City of Del Mar held a public hearing to consider a recommendation to the Del Mar City Council regarding adoption of the IS/MND and MMRP and approval of TTM18-004, CDP18-016, and CUP18-004and at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the Applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated January 12, 2021, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing; and WHEREAS, the Planning Commission received testimony from neighboring properties primarily concerned by potential impacts related to the relocation of a public sewer line from proposed Lot 1 into the adjacent unimproved public alley and the improvement of a service road to access an existing manhole in a public alley; and WHEREAS, on January 12, 2021, the Planning Commission of the City of Del Mar recommended to the City Council adoption of the IS/MND and MMRP and approval of TTM18-004, CDP18-016, CUP18-004, and SV20-001; and for staff to research alternatives to the sewer and alley improvements adjacent to proposed Lot 1; and WHEREAS, staff from the Planning and Community Development Department met with the City Engineer/Public Works Director who determined that the sewer relocation and alley improvements adjacent to proposed Lot 1 could be re-evaluated at the time of any future residential development and that alternatively the requirement of Attachment F 83 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 3 an easement over the existing sewer line would be an appropriate condition of approval for the TTM; and
WHEREAS, on January 19, 2021, the Applicant submitted a revised TTM to omit the sewer and alley improvements; and
WHEREAS, on February 1, 2021, the City Council of the City of Del Mar held a public hearing to consider adoption of the IS/MND and MMRP and approval of TTM18- 004, CDP18-016, and CUP18-004, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the Applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated February 1, 2021, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar adopts the Mitigated Negative Declaration (SCH No. 2020100558) for Project and the associated Mitigation Monitoring and Reporting Program, based on the following findings:
1. That the revised Mitigated Negative Declaration (SCH No. 2020100558) for the Project has been prepared in compliance with the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et seq.), as amended, and the CEQA Guidelines thereto (14 California Code of Regulations Section 15000 et seq.);
2. That the MND for the Project reflects the independent judgment of the City of Del Mar as the lead agency; and
3. That the MND for the Project is accurate and complete; AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar that the Tentative Tract Map (TTM18-004) for the above-mentioned subdivision of property be approved based upon the following findings:
1. The proposed map is consistent with the Del Mar Community (General) Plan in that the proposed residential use and density of development are permitted under the General (Community) Plan requirements; Attachment F 84 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 4 2. As conditioned, the design and improvement of the proposed subdivision is consistent with the General (Community) Plan in that the design provides sufficient lot area and street access for proper development;
3. The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential subdivision and potential future development in the R1-40 Zone;
4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Subdivision and Zoning Ordinances;
5. As conditioned, the design of the subdivision and the proposed improvements are not anticipated to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as determined by CEQA review analyzed in the IS/MND;
6. As conditioned, the design of the subdivision and the type of improvements are not anticipated to cause serious public health problems, as determined by CEQA review analyzed in the IS/MND;
7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at-large and which are recorded or established by judgment of a court of competent jurisdiction;
8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been approved by the City Engineer as being consistent with those requirements; and
9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met;
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Coastal Development Permit (CDP18-016) for the above-mentioned subdivision of property and associated roadway and utility development be approved based upon the following findings:
1. That the use for which the CDP is applied is permitted within the zone in which the property is located.
The reconfiguration of land for eight lots intended for residential use is permitted within the R1-40 (Very Low Density Residential) Zone in which the property is located;
Attachment F 85 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 5 2. That the proposal meets the criteria of the applicable chapters of this Title.
The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapter 30.10 (R1-40, Very Low Density Residential), Chapter 30.52 (Bluff, Slope and Canyon Overlay Zone), Chapter 30.53 (Lagoon Overlay Zone), Chapter 30.60 (Open Space Overlay Zone), Chapter 30.61 (Public Access), and Chapter 30.80 (Parking);
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).
The CDP, as conditioned, will be in conformity with the certified City of Del Mar LCP with respect to resource protection standards, avoidance of hazards regulations and public access standards;
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
The development, which is located within an identified Public Access Trail site along the frontage of proposed lots 5-8 in the City’s Land Use Plan of the City’s Local Coastal Program, as conditioned, is consistent with and implements the applicable requirements for provision of public access contained in City’s certified LCP and in the public access and public recreation policies of Chapter 3 of the California Coastal Act;
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
Due to the site’s location, no shoreline protection devices are proposed or required as part of this project;
6. That the proposal is consistent with and implements the provisions of public view protection Policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
Attachment F 86 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 6 The project is consistent with and implements the provisions of public view protection policies of the City’s certified LCP, including those of the LCP Land Use Plan; and
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The development proposal, which is partially located in the L-OZ, as conditioned, is consistent with and implements the provisions of that L-OZ, as contained within the City’s LCP Implementing Ordinances and Land Use Plan;
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Conditional Use Permit (CUP18-004) for the above-mentioned subdivision of property and the associated roadway and utility improvements be approved based upon the following findings:
1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located;
The current request to improve a private street referred to as “La Atalaya Way” and the potential future development of single-family residences with associated amenities are permitted in the R1-40 Zone, BSC-OZ, and the LOZ;
2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and zone in which the property is located.
The established character of the surrounding neighborhood is one of singlefamily residences and vacant residential lots located within the R1-40 Very Low Density Residential Zone, BSC-OZ, Open Space Zone, and the L-OZ.
The project has been reviewed to ensure that it would not adversely affect the natural resources found in the referenced Overlay Zones. As the application for subdivision only proposes a reconfiguration of lots with no net new lots created, and associated roadway and utility improvements at this time, any other potential improvements have been shown for conceptual and environmental review purposes (the project does not include the development Attachment F 87 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 7 of new residences). As such, the granting of the CUP would not be injurious to the property or improvements in the vicinity of the site;
3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets.
The proposed residential use is properly located within the community. Any future development of a single-family residence would be an allowed use within the R1-40 Zone and associated Overlay Zones. As conditioned, this subdivision project involving the re-configuration of eight legal parcels of land into eight zoning and subdivision compliance residential parcels would not place an undue burden upon public streets or public facilities. Further, the proposed request includes the vacation of two public easements and one undeveloped “paper alley” all of which are no longer in use and not needed for future City services in the area;
4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as are required by this Chapter or as are needed, in the opinion of the Planning Commission, or City Council on appeal, are properly provided to be compatible and harmonious with nearby uses.
The requirements of the R1-40 Zone call for a minimum lot size of 40,000 square feet in area. The eight developable lots would result in at least a 40,000 square feet minimum lot size required for the R1-40 Zone. The lots are of sufficient size to accommodate all uses and improvements required by the zone while maintaining the required yards, steep slope setback areas, and 50- foot wetland buffer areas of the R1-40 Zone, BSC-OZ, and L-OZ; and
5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan.
This CUP request involves a proposal to reconfigure eight lots of approximately 18.1 acres of land into eight different lots and to construct roadway and utility improvements within the BSC-OZ and L-OZ. As proposed and conditioned, the subdivision would be consistent with the use, density, and property development standards of the R1-40 Zone; the standards for protection of sensitive natural resources of the BSC-OZ and Attachment F 88 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 8 L-OZ; and the access, public view, and resource protection standards of the City’s certified LCP;
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that the steep slope encroachment required for the private street improvement across proposed Lots 5-8 be approved based upon the following finding:
1. Pursuant to DMMC Section 30.52.060A1.d, improvements are allowed to encroach into the steep slope area by 10% when less than 75% of the site contains steep slopes and a finding can be made that there is no feasible alternative to slope encroachment.
The private street improvements encroach into the steep slope areas by approximately 4%, which is less than the allowable 10%. The new roadway would be roughly located where the existing driveway currently crosses the existing two lots, so placement of the new road in the existing location would minimize the amount of new disturbance to the steep slopes and steep slope setbacks. Given the steep slopes to the south and the wetland buffer to the north of the lots, it appears that slope encroachment is required in order to have an adequate building site outside of the protected resources for future residences;
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that as required by the Bluff, Slope, and Canyon Overlay Zone for the above-mentioned subdivision of property be approved based on the following findings:
1. The proposed design and improvements of the subdivision will be consistent with the criteria of the Bluff, Slope, and Canyon Overlay Zone.
The proposed design and improvements of the subdivision would be consistent with the criteria of the BSC-OZ in that each lot has demonstrated that there are buildable areas outside of the steep slope and steep slope setbacks;
2. No subdivision shall be approved which creates a lot or lots that are composed entirely or nearly entirely of substantial steep slopes as defined in this Chapter.
The subdivision has been created in such a way that each of the vacant lots would have a maximum of 75.1% or less steep slopes which leaves a building site of 25% or greater outside of the substantial steep slopes; and
3. No subdivision or boundary adjustment shall be approved for creation or realignment of a lot(s) that would be incapable of supporting subsequent Attachment F 89 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 9 construction with the provision of the steep slope setbacks specified in the Bluff, Slope, and Canyon Overlay Zone.
As designed, the subdivision has demonstrated the ability to support construction outside of the steep slopes and steep slope setbacks; AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that the request for a wetland buffer reduction pursuant to DMMC Section 30.53.100(B) from 100 feet to 50 feet for proposed Lots 5-8 be approved based upon the following finding:
1. That the physical characteristics of the site, such as the size and dimensions of the property are adequate to protect the resources of the adjacent wetlands, based on site-specific factors. When making such a finding, the Planning Commission shall, in consultation with the California Department of Fish and Game, consider site-specific factors such as the type and size of the development proposed; the mitigation measures provided (such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland transitional habitat; or other similar factors which will serve to contribute to the purposes of a wetland buffer area.
A 50-foot wetland buffer is appropriate because of the location of San Dieguito Drive, the existing onsite historic Snake Wall, which consists of a six-foot-tall masonry barrier that isolates the project boundary from off-site wetland resources, and the inclusion of an open space easement which would protect 0.51 acres of Southern Maritime Chaparral. The Snake Wall has served well to prevent domestic animals from obtaining access into the wetlands. Implementation of a full 100-foot wetland buffer does not appear the security of the San Dieguito wetlands and reduction in the wetland buffer does not appear to result in any further protection of the wetlands from the existing conditions in any way. However, establishment of a 100-foot wetland buffer would substantially limit the future potential development of the parcels at the northern portion of the site further into the steep slopes.
This would result in an adverse impact upon Southern Maritime Chaparral and could create potential visual impacts. Further, the City has received concurrent from California Department of Fish and Wildlife for a reduction in wetland buffer from 100 feet to 50 feet;
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that as required by the Lagoon Overlay Zone for the above-mentioned subdivision of property be approved based on the following finding:
Attachment F 90 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 10 1. No subdivision shall be approved unless a finding is made that the proposed design of the subdivision and its improvements will be consistent with the criteria of the Lagoon Overlay Zone. Specifically, no subdivision shall be approved for creation of a lot(s) which would be incapable of either: 1) supporting the construction of a use allowed within the underlying zone; or 2) supporting such construction with provision of the applicable wetland setbacks and other resource protection measures required pursuant to this Chapter. In reviewing the subdivision proposal, there shall be consideration of the probable impacts that the project, including subsequent development on the lot(s), will have on preservation of wetlands resources.
As evidenced by a Future Development Planning Study, in the event that future development of new residence(s) on the six vacant lots could be supported outside of the proposed 50-foot wetland buffer and would be required to meet the development standards of the L-OZ; AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar that applications TTM18-004, CDP18-016, and CUP18-004 are approved subject to the following conditions:
[Note: The conditions listed below may have intentional gaps in numbering or lettering.] General Conditions:
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.
G-3 [Development Authorization Limited to Plan Set]
The approvals are granted based on submitted plans dated January 19, 2021 and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.
G-4 [Encroachment Permit for Work in Right-of-Way]
Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this actions, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit. Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Attachment F 91 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 11 Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that Design Review Board or Planning Commission approval of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.
G-5 [Requirement for Development/Building Permits]
Prior to commencement of work, the applicant or agent shall obtain all required Development/Building Permits.
G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code or other applicable City regulations in effect at the time of Development/Building Permit issuance, unless specifically waived in this approval authorization.
G-11 [Plan for Construction-Phase Impacts]
Prior to issuance of Development/Building Permits or commencement of project implementation (whichever comes first), the applicant shall provide a plan for construction-phase parking and equipment/materials storage for the project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking space which will remain available throughout the duration of the project;
d. Location of any temporary sanitary facilities;
e. A note stating that “If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained”;
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);
1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the project.
The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit. The requirements mentioned above may be modified by the Planning and Community Development Director upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.
Attachment F 92 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 12 G-11A In addition to the submittal of a Construction Phase Impact Plan, the applicant must place a Construction Parking Placard in all vehicles associated with the project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the project. A Construction Parking Placard can be obtained from the City of Del Mar Planning and Community Development Department.
G-13 [Permit Expiration]
The Conditional Use Permit (CUP18-004) and Coastal Development Permit (CDP18- 016) shall each expire three (3) years from the date of approval. The Tentative Tract Map (TTM18-004) shall expire twenty-four (24) months after its approval or conditional approval by the City Council. Upon application received at a meeting of the City Council at least sixty (60) days prior to the expiration of TTM18-004, the City Council may extend the time of expiration for a period not to exceed three (3) years from the date of approval of TTM18-004.
G-14 [Preconstruction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. Attendees to this meeting shall include representatives from the City of Del Mar’s Planning and Community Development Department, City Engineer, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this project. At a minimum, the following issues shall be reviewed at this meeting:
a. City of Del Mar inspection requirements.
b. Process for requests for plan modification and determinations of substantial conformance.
c. Discretionary permit conditions and requirements.
d. Construction hour limitations and noise standards.
e. Construction access and parking including equipment/materials storage and maintenance.
f. Work within public rights-of-way and/or easements.
g. Stormwater Best Management Practices.
h. Tree-preservation requirements.
i. Demolition permit requirements.
j. Signage requirements/limitations.
k. Neighborhood impact issues.
l. Key contact information.
m. Business license requirements.
n. Construction and demolition waste diversion requirements o. Any other pertinent construction related activities and or information.
Attachment F 93 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 13 G-15 [Statement of Accuracy/Agreement Regarding Third-Party Lawsuits] Prior to the issuance of Building Permits or project commencement, whichever comes first, the applicant shall submit a statement regarding the accuracy of submitted plans/materials and agreeing to hold the City of Del Mar harmless from third-party lawsuits filed challenging the City’s approval of these approvals. The agreement shall also include a commitment to defend the City of Del Mar from any third-party lawsuits filed challenging the City’s approval of this permit. The form and content of the statement and agreement required herein shall be subject to the review and approval of the Planning and Community Development Director.
G-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. / Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays.
Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).
G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert at 800-227-2600) for a mark out of service utilities.
G-18 [Rules for Construction-Related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter 30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.
The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.
All construction related signage, including City required signs, shall be removed prior to final approval of the project.
Fire Conditions:
F-2 [Access Road Minimum Dimensions]
Any new fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches.
Exception: Single-Family residential driveways; serving no more than two (2) singleAttachment F 94 August 26, 2024 Item 13 Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 14 family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities. • The fire apparatus access road shall comply with the requirements of California Fire Code (CFC) Section 503 with local amendments and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building.
• Any existing access roadways shall be required to meet Access Road Minimum Dimension requirements, pursuant to the CFC with local amendments, in place at the time of new development on any of the proposed parcels.
F-4 [Dead Ends]
Any new dead-end fire access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures.
The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking.
• Any existing access roadways shall be required to meet Dead End requirements, pursuant to the CFC with local amendments, in place at the time of new development on any of the proposed parcels.
F-5 [Grade]
The gradient for a new fire apparatus access roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). • Any existing access roadways shall be required to meet the grade requirements, pursuant to the CFC with local amendments, in place at the time of any new development on the proposed parcels.
F-6 [Gates]
All new gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch Attachment F 95 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 15 and/or an approved emergency traffic control-activating strobe light sensor shall be installed per Del Mar Fire Department standards.
F-7 [Response Maps]
Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps.
F-8 [Construction Materials]
Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;
2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
F-10 [Obstruction of Roadways During Construction]
All roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Del Mar Fire Department.
F-11 [Fire Hydrants and Fire Flows]
The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Del Mar Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4” inch and two (2) 2 ½” inch NST outlets. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets.
F-12 [Fuel Modification Zones/Fire Breaks]
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Del Mar Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.
F-13 [Address Numbers]
Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to Attachment F 96 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 16 size: 4” high with a ½” inch stroke width for residential buildings, 8” high with a ½” stroke for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers.
F-14 [Address Numbers for Structures Located Off Roadway] Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker.
F-15A [Automatic Fire Sprinkler System-One- and Two-Family Dwellings] Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation.
F-16 [Fire Resistive Construction Requirements for Wildland/Urban Interface Areas] Structures shall meet all wildland/urban interface standards to the satisfaction of the Fire Department. Structures shall comply with current California Building Code Chapter 7A.
F-18 [Class “A” Roof]
All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Del Mar Fire Department.
Local Coastal Program:
LCP-1 [Prohibition on Grading During the Rainy Season]
In accordance with DMMC Sections 30.52.120 A4 and 30.53.140 C no grading shall occur between November 15th of any year and March 15th of the following year, unless specifically authorized through the written approval of the Planning and Community Development Department Director.
LCP-2 [Coastal Development Permit Appealable]
This project is located within the Coastal Appeal Zone. The City’s action on CDP18- 016 may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and DMMC Chapter 30.75.
Special Conditions:
SC-1 [Indemnification]
The permittee/owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Del Mar, its agents, officers, and employees from any claims, Attachment F 97 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 17 damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval or permit. The City will promptly notify the permittee/owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
SC-2 [Open Space Deed Restrictions]
Prior to City Council approval of the Final Map, the applicant shall record the following open space deed restriction against the deed for the property:
1. An open-space deed restriction shall apply to the area of the 50-foot wetland buffer along Lots 5-8. The purpose of the deed restriction is to preclude development that would encroach into or cause impacts to the San Dieguito Lagoon and wetlands. The deed restriction shall prohibit the development and/or placement of structures or landscaping in the affected area. Prior to recordation, the form and content of the easement language shall be reviewed and approved by the City.
SC-3 [Requirement for Design Review and Land Conservation Permits] In accordance with the DMMC, implementation of the proposed CDP and CUP shall be subject to the separate receipt of valid DRB and LC permits. Implementation of the CDP and CUP granted herein shall be subject to compliance with all terms and conditions of said DRB and LC permits.
SC-4 [Recordation of Access Easements]
Prior to the recordation of the Final Map, the applicant shall provide evidence of all required recorded easements for continued use of that portion of the private access drive that extends over off-site properties. The form and content of the easement(s) shall be subject to the review and approval of the Planning and Community Development Director.
SC-5 [Satisfaction of Requirements of Related Alley/street Vacation] Prior to the recordation of the Final Map, the applicant shall provide evidence that all conditions of approval of the Street/Alley Vacation for that portion of the un-named alley adjacent to Lots 2 and 4 that were approved by the City Council, and that all required documents have been executed and, where applicable, recorded against the deed for the properties. The submitted evidence shall be subject to the review and approval of the Planning and Community Development Director.
SC-6 [Prohibition of Highly Invasive Vegetation]
California Invasive Plant Council (Cal-IPC) high rate plants shall not be included on any site plan, landscape plan, or development proposal located within the boundaries of the TTM18-004 subdivision.
Attachment F 98 August 26, 2024 Item 13
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Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 18 Engineering Conditions:
E-1 [Private Access Road]
Prior to issuance of approval of the Final Map, the applicant shall prepare and receive approval for, a private Roadway and Utility Plan for the access drive to Lot 5, 6, 7 and
8. The required Plan shall also include the installation of those measures necessary to provide sewer, water, storm drain, and other utilities to serve the proposed project.
In addition to identifying the manner in which access and utilities are to be provided, the Improvement Plans shall address the following:
E-1A The manner in which storm water from the project site and its impervious surfaces will be collected and conveyed to public storm water runoff systems; E-1B The discharge location of proposed storm drains as depicted in approved TM 18-004;
E-1C The grading required to install utility lines and widen access driveway/ private roadway (known as La Atalaya Way);
E-1D The location and size of the existing or proposed utilities to serve the proposed project (i.e., sewer, water, storm drain, etc.); E-1E Applicant shall design La Atalaya Way (from San Dieguito Drive) to accommodate a Fire Truck turning south bound onto the Alley from east bound San Dieguito Drive. Additionally, the applicant shall ensure that a Fire Truck can make a left-hand turn from the Alley onto east La Atalaya Way and make the hammer head turn at the terminus of La Atalaya Way. Applicant shall make any modifications to the Alley and La Atalaya Way to ensure emergency vehicle access in and out the development. This may include removal and reconstruction of existing facilities;
E-1F All proposed utilities within the project shall be installed underground in accordance with current utility engineering practices. Existing aerial utilities shall be removed and/or placed underground, as required by the City Engineer; E-1G Letter(s) of permission to grade/improve from adjoining property owner affected by the Access Road shall be obtained. The applicant shall also furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements prior to any construction within these areas;
E-1H San Dieguito Drive shall have dig-outs performed and be Slurry Sealed (full width) adjacent to the property frontage, as indicate on Tentative Map or as directed by the City Engineer (or representative) in the field; E-1I A Private Road Maintenance agreement shall be incorporated into the CC&R for the project;
E-1J Applicant shall comply with all applicable requirements of the Uniform Fire Code and Fire Marshall requirements;
Attachment F 99 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 19 E-1K The applicant shall pay for and install all street name signs, traffic regulatory and warning signs, and any necessary street striping and markings required by the City Engineer. Street striping and markings shall be raised ceramic markers or thermoplastic material, as directed by the City Engineer.
The applicant shall also pay for and install blue reflective markers two feet (2’) off the center line of the street line adjacent to all fire hydrants; E-1L Any existing City Improvements, within the public right-of-way that are damaged by the applicant or his agents or employees, shall be repaired by the applicant at his own expense;
E-1M The proposed on-site storm drain system shall be constructed to the satisfaction of the City Engineer;
E-1N The applicant shall comply with all applicable National Pollutant Discharge Elimination System (NPDES) requirements to the satisfaction of the City Engineer;
E-1O The removal and replacement of the existing perimeter wall at the easterly intersection of San Dieguito Drive and the un-named alley shall be performed to accommodate the line of site requirements established by the City Traffic Engineer. All as depicted on sheet 6 of the approved Tentative map; E-1P Following construction completion, the project Engineer shall inspect asbuilt improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project Engineer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan;
E-1Q The applicant shall provide an adequate reliable water supply for fire protection with a minimum fire flow as specified by the Fire District. Fire flow calculations must include water pressures as specified by the City Engineer. All hydrants shall be tested to ensure actual flows meet or exceed Fire District requirements and the City of Del Mar requirements. The applicant shall provide written acceptance of these flows by the Fire District; E-1R Applicant will pay a $6,000 in-lieu fee for the planned Riverpath Phase III trail extension;
E-1S The applicant shall provide joint trenching for telephone, gas, electric, cable TV and fiber optic service for every vacant parcel; and E-1T The public improvements listed above the applicant shall post a security in the form of a bond or cash deposit valued at 150% of the estimated costs of the required improvements. The development agreement shall include the stipulation that all improvements for which security is being posted will be completed within 24 months of the date of approval of the plans. Upon completion of the work to the satisfaction of the City Engineer, the cash deposit or security shall be returned to the applicant, less any amount utilized by the City as outlined in the agreement, and less 25% of approved engineer’s Attachment F 100 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 20 estimate, which will be retained as a warranty security. The warranty security shall be held pending City inspection one (1) year following completion of the work. The warranty security may be used at that time to correct deficiencies, if any, and the remainder returned to the applicant. Agreements shall be of a form and type acceptable to the Planning and Community Development Director, City Engineer and City Attorney.
E-2 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of access road and/or utility lines as proposed or required pursuant to the conditions of these approvals, shall be subject to the receipt of separate City permits, as applicable.
E-3 [Drainage Plan for Lots Affected by Private Access Road] Prior to the issuance of Permits, the applicant shall provide a detailed Drainage Plan for the project prepared by a Registered Civil Engineer. The Plan shall be prepared in accordance with the latest edition of the City’s “Applicant’s Guide to Procedures for a Grading Permit” and shall be subject to the review and approval of the Planning and Community Development Department Director in consultation with the City Engineer.
The Plan required herein shall be prepared to minimize the amount of impervious surface area of the development and to maximize the on-site dissipation of storm water run-off. The Plan shall be in compliance with applicable NPDES stormwater requirements and shall incorporate the use of “Best Management Practices” (BMPs) to control runoff or discharge onto the City rights-of-way and to avoid run-off onto adjacent private properties.
In addition to the considerations listed above, the Plan shall also address/incorporate the following:
E-3A A topographical map indicating property lines, topographic features and existing and/or proposed structures prepared by a Registered Civil Engineer or a Licensed Land Surveyor. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information. Survey shall extend minimum 25 feet beyond limits of work;
E-3B The location of all existing or proposed easements within the property boundary;
E-3C The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard erosion control notes;
E-3D The manner in which drainage shall be controlled to eliminate the discharge of nuisance water and to ensure that existing or proposed Attachment F 101 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 21 private pipe outlets will not convey or discharge nuisance water onto adjacent properties or into the public right-of-way (i.e., from irrigation, pool/spa/water feature splash run-off, planter area drains, French drains, etc.);
E-3E Depict the existing and proposed sewer and water mains and laterals serving the residence;
E-3F Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the proposed development and access roadways. The report shall also address the tributary area for run-off directed to and across the subject property. The report shall include calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties. The report shall address both existing and proposed conditions;
E-3G Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project;
E-3H Depict the location of erosion control devices to be implemented in the event of rainfall;
E-3I Depict the limits of grading;
E-3J Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City Engineer;
E-3K Ensure that the grading and other construction activities meet the provisions specified in the California Regional Water Quality Control Board (RWQCB), San Diego Region, Order R9-2013-0001, NPDES No.
CAS0109266 – Section D.2 and subsequent orders;
E-3L Interception of run-off from the access roadway (La Atalaya Way) shall not direct flow to the existing un-named alley. This may be accomplished by incorporation of pervious driving surfaces, diversion to landscaped areas using swales or grates, etc. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions.
Provide spot grades and/or contours to substantiate design; and E-3M Following construction completion, the project designer shall inspect asbuilt improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan.
Attachment F 102 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 22 E-4 [Engineering Fee]
The applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-11 [Geotechnical Report Requirement]
Prior to issuance of Permits, the applicant shall provide a Geotechnical Report for the project. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:
E-11A Include all standard information as required by the City’s Grading Ordinance;
E-11B Evaluate existing site constraints;
E-11C Evaluate potential effect of proposed construction on nearby slopes, sensitive topographic features and neighboring properties; E-11D Include a geotechnical evaluation of the long term stability of adjacent slopes;
E-11E Provide any mitigation measures as necessary;
E-11F Provide recommendations for any special construction methods as necessary;
E-11G Include the preparation of field tests to be performed at the site during construction, so as to ensure that field conditions are suitable for the approved construction. The results of such tests may necessitate revisions to the project with such revisions subject to review by the appropriate City entities;
E-11H If retaining walls are required, give recommendations for back-cuts for the construction of retaining walls. These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill, or completing construction of the approved retaining walls. If the recommended time deadlines are not met, the applicant, by signing these conditions, grants the City permission to work on their private property to secure the back-cuts, and use the cash security to perform the work;
E-11I If temporary shoring is required, the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits;
E-11J Address the feasibility of long term infiltration of stormwater runoff onsite, and if subdrains will be required for any proposed infiltration BMPs. If infiltration is not proposed or not feasible then the Geotechnical Engineer must specify why or indicate the areas where it is not feasible; Attachment F 103 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 23 E-11K Address the presence of groundwater and the need to provide subdrains for groundwater extraction. If extracted groundwater is discharged to surface waters, the project must comply with State RWQCB Order No.
R9-2008-0002; and
E-11L Provide R values for pavement sections of Access Roadway (La Atalaya Way).
E-12 [Authorization for Off-site Work]
E-12A Prior to the issuance Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines; and
E-12B The following note shall be included on the plans for the Permit: “No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties.”
E-13 [Grading – Separate Permits for Borrow or Disposal Site] A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits. An Encroachment Permit will be required to identify the haul route proposed for this purpose. If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations.
E-15 [Priority Storm Water Mitigation Plan (SWMP)]
Prior to issuance of Development/Building Permits, the applicant shall submit a SWMP for City review and approval that addresses the following:
E-15A Control the post-development peak storm water run-off discharge rates and velocities to maintain or reduce pre-development downstream erosion;
E-15B Conserve natural areas;
E-15C Minimize pollutants of concern from urban runoff through implementation of source control BMPs;
E-15D Remove pollutants of concern from urban runoff through implementation of structural BMPs;
E-15E Avoid directly connected impervious areas where feasible; E-15F Protect slopes and channels from eroding;
E-15G Include storm drain stenciling and signage;
E-15H Include properly designed outdoor material storage areas; E-15I Include properly designed trash storage areas;
E-15J Ensure that post-development runoff does not contain pollutant loads which have not been reduced to the maximum extent practicable; E-15K Comply with the City’s BMP Design Manual;
E-15L Include a detailed Operations and Maintenance Plan (O&M Plan) for all treatment control BMPs, that includes a minimum, the designated Attachment F 104 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 24 responsible parties to manage the stormwater BMPs, employee training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of any additional required permits; cost estimate for implementation of the O&M Plan;
E-15M Demonstrate the funding mechanism to ensure ongoing long-term maintenance of all structural post construction Best Management Practices (BMPs);
E-15N Identify affected receiving water bodies; and
E-15O Include an exhibit that clearly shows the limits and quantities of impervious area in both the pre and post development conditions.
The structural BMPs required herein shall be designed so as to filter or treat the volume or flow outlined in the numeric sizing criteria outlined below:
Volume
Volume-based BMPs shall be designed to filter or treat the volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record.
E-16 [BMP Details]
Prior to issuance of Development/Building Permits, all post construction BMPs shall be shown in detail on the construction plans and submitted to the City for review and approval. For all post-construction treatment control BMPs, submit an operation and maintenance manual detailing requirements for the property owner to maintain BMPs into perpetuity. An easement shall be granted to the City for inspection of postconstruction treatment control BMPs as needed. The project shall comply with the existing and subsequent Del Mar Jurisdictional Urban Runoff Management Plan and the State of California and NPDES.
E-17 [SWPPP Requirement]
Prior to issuance of Development/Building Permits, the applicant shall submit for City review and approval and implement a Storm Water Pollution Prevention Plan (SWPPP), to manage storm water and non-storm water discharges from the site at all times. The SWPPP shall describe all BMPs to be implemented year-round. Specific BMP implementation may be dependent upon wet or dry season operations. The SWPPP shall also emphasize that erosion prevention is the most important measure for keeping sediment on-site during construction. The applicant shall provide evidence of existing coverage under the State of California’s statewide General NPDES Permit for Storm Water Discharges Associated with Construction Activities at all times.
Attachment F 105 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 25 E-18 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction – NEVER as a single or primary method.
E-18A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans;
E-18B The applicant shall minimize exposure time of disturbed soil areas; E-18C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; and
E-18D The applicant shall stabilize all slopes per City approved method.
E-19 [Required Backflow Prevention]
If the project authorized by this permit will involve installation or retention of any plumbing drainage fixtures at a level below that of the PUBLIC sewer main serving the project site, the applicant shall install a private backflow prevention device on their private lateral per the requirements shown below.
The plans shall be submitted prior to the issuance of Development/Building Permits and shall be according to the Uniform Plumbing Code and subject to the review and written approval of the Planning and Community Development Director and City Engineer. Once installed, the private backflow prevention device(s) shall be subject to inspection by the City Engineer prior to final sign off for the project.
E-20 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Development/Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.
E-22 [Compliance with City of Del Mar JURMP]
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).
Attachment F 106 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 26 E-24 [Design of Inlets/outlets]
Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties.
E-30 [Peak Runoff Mitigation]
The proposed improvements shall result in a net decrease in impervious area. If this is considered infeasible, the applicant must submit a Hydrology and Hydraulics report.
The report must demonstrate that the project mitigates the increase in peak runoff through the use of acceptable Low Impact Development (LID) features.
E-34 [Utility Service]
If any new or modified connections to the water or sewer mains in the public right-ofway are proposed, additional plan sets and review fees may be required.
E-38 [Stormwater Compliance]
Stormwater compliance requirements are subject to change based on adoption of revisions to state and local regulations. Recent changes to the regulations include the following: revised Priority Development Project definitions, additional/revised hydromodification mitigation requirements, and increased emphasis on on-site retention/re-use. These changes could significantly impact the design, type, and size of BMPs necessary for compliance. The new regional MS4 Permit (Order No. R9- 2013-0001) was adopted May 8, 2013.
E-39 [Site Conditions]
E-39A The applicant, in order to reduce tracking of mud throughout the City, shall be responsible for cleaning up or any expenses incurred by the City for cleaning up mud, debris, etc. from City streets, that is attributed to this project during construction;
E-39B The applicant shall restrict hours of work for the use of heavy equipment during grading and improvements between the hours of 7:30AM to 5:00PM, this includes the warm up of equipment. Saturday, Sunday and City holiday work is prohibited;
E-39C Any relocation or under grounding of SDG&E facilities or other utilities shall be done at the applicant’s expense;
E-39D All activities undertaken in accordance with this Tentative Subdivision Map shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code, these standard conditions of approval, or Tentative Map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows:
Attachment F 107 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 27 1) City’s Municipal Code regulations; 2) City’s General Plan; 3) Standard Conditions; and
E-39E The applicant is responsible for notifying all sub-contractors of the Best Management Practices (BMP’s) to be implemented. Applicant is responsible for compliance by all subcontractors. Failure to comply with the approved construction BMP’s will result in the issuance of verbal warnings, correction notices, administrative citations or a project stop work order. City shall provide verbal and written notice of the violation prior to the issuance of a stop work notice;
E-40 [Map Conditions]
E-40A The applicant shall record CC&R’s at the time of recordation of the Final Map creating the individual lots of this subdivision. The CC&R’s will provide for a manager to be responsible for maintenance and repair, with each lot owner responsible for its pro rata share of the maintenance costs. The manager may be an owner, a third-party manager designated by the owners, or a special purpose entity such as an owners’ association. The CC&R’s shall be subject to the review and approval of the City Attorney and Community Development Director prior to recordation of the final parcel map, and shall include the following:
The manager shall be responsible for the maintenance of all common areas, such as landscaping, parking, and access roads;
E-40B Right of way or easement acquisitions necessary to implement any portion of this Final Map, including public improvements, shall be obtained by the applicant at its sole expense prior to the City's consideration of the Final Map which encompasses the particular improvement;
E-40C The applicant shall provide and show on the Final Map all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City. These include but are not limited to the following:
a) Reciprocal assess easement along La Atalaya Way for the benefit of Lots 3 and 5 through 8.
b) Utility access easement along La Atalaya Way for the benefit of the City of Del Mar and other utility purveyors for Lots 5 through 8. c) The vacation and quitclaim of easements listed on sheet one of the Vested Tentative Map.
d) The unnamed alley east of proposed Lot 4 will not be vacated by the City.
Attachment F 108 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 28 e) The applicant shall provide, on the final map, a 15-foot wide sewer easement in favor of the City of Del Mar for the existing 6” VCP sewer main within proposed Lot 1;
E-40D Final Map shall be in substantial conformance to the approved Tentative Map and must be submitted to the City Engineering Department for review and approval. The Final Map shall be prepared, wet signed and sealed by a Civil Engineer or Land Surveyor, registered in the State of California and licensed to prepare Final Maps; and
E-40E Reciprocal easements shall be provided insuring access to all parcels affected over private road/driveway known as La Atalaya Way, to the satisfaction of the City Engineer.
Biological Resource Conditions:
BIO-1 [Site Specific Biological Survey]
Prior to the issuance of any Building Permit(s) for future residential development on Lots 1, 2, and 8, site-specific biological surveys shall be conducted to delineate the precise location of sensitive habitat and assess project-specific impacts. The biological survey shall include:
1. The methods used to determine the presence of sensitive biological resources;
2. Vegetation mapping of all vegetation communities and/or land cover types;
3. The locations of any sensitive plant or wildlife species;
4. An evaluation of the potential for occurrence of any listed, rare, and narrow endemic species; and
5. An evaluation of the significance of any potential direct or indirect impacts from the proposed project.
If potentially significant impacts to sensitive biological resources are identified, future project level grading and site plans shall incorporate project design features to minimize direct impacts on sensitive resources to the extent feasible, and the report shall also review the mitigation already identified and dedicated as deed restricted open space on the Final Subdivision Map. Exhibit A to this resolution shows the areas that will be deed restricted open space upon recordation of the Final Subdivision Map and identifies the habitat type and area of each mitigation open space. By setting aside four future mitigation areas, each development already has enough mitigation available to fully mitigate for their proposed project-based impacts. If the specific plans for homebuilding result in habitat impacts greater than the mitigation set aside in the Final Subdivision Map specified above, then the site-specific biological surveys required for Lots 1, 2 and 8, as applicable, shall also recommend appropriate mitigation to be implemented by the future homebuilding applicant to reduce the impacts to below a Attachment F 109 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 29 level of significance. No future site-specific biological surveys and no habitat mitigation is required for issuance of any permits related to Lots 3 through 7.
BIO-2 [Nesting Birds]
If future development occurs during the breeding season (January 1 to July 15 for raptors and February 15 to August 31 for other birds) and otherwise cannot be avoided, the applicant shall be responsible for a qualified biologist to conduct a pre-construction nesting bird survey prior to the commencement of any ground disturbing activities to determine the presence/absence, location, and status of any active nests on or adjacent to the survey area. All areas within 500 ft of impacts for all lots shall be surveyed 3 days prior to the start of construction. The extent of the survey buffer area surrounding each site shall be a minimum of 500 ft if FESA- or CESA-listed species or raptors are present. If listed species are present or if an active nest is found, the biologist shall consult with the appropriate agency, and be present on-site during construction to ensure that birds are not being agitated. The biologist shall have the authority to stop construction if birds are agitated, and the buffer shall be adjusted accordingly. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act and the California Fish and Game Code and minimize the potential for project delay, nesting bird surveys shall be performed by the qualified biologist prior to project commencement. In the event that active nests are discovered, the biologist shall recommend suitable noise attenuation measures or a suitable buffer (distance to be determined by the biologist) shall be established around such active nests, and no construction within the buffer shall be allowed until the biologist has determined that the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). Completion of this mitigation measure shall be a condition of any future residence building permits issued for any of the lots included in the La Atalaya Final Subdivision Map.
Cultural Resource Condition:
CUL-1 [Snake Wall Modification]
Prior to modification of the historic Snake Wall, the project applicant shall hire a professional who is qualified to complete the Secretary of the Interior’s Standards for Architectural and Engineering documentation in order to mitigate the Snake Wall in the form of the equivalent to Historic American Building Survey (HABS) documentation.
HABS level I documentation includes a full set of drawings depicting existing or historic conditions and large format negative photographs in black and white of exterior and interior views to add to the written history and description in the existing report titled La Atalaya – Snake Wall Historic Evaluation Report. The drawings shall include a site plan, elevations, cross sections, and details of construction techniques and architectural elements.
Attachment F 110 August 26, 2024 Item 13
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Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 30 CUL-2 [Unanticipated Discovery of Tribal Cultural and Archaeological Resources] During ground disturbing activities, a qualified archaeological monitor shall be present in case unexpected intact subsurface deposits or features are uncovered. Upon discovery of any tribal, cultural, or archaeological resources during ground disturbing activities, the Applicant shall immediately cease such activities in the immediate vicinity. The find will then be assessed by a qualified archeologist retained by the Applicant and a tribal monitor/consultant approved by the consulting tribe. The Applicant shall promptly notify the Planning and Community Development Director to the discovery of resources. If the resources are Native American in origin, the consulting tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. At the direction of the qualified archaeologist and tribal monitor/consultant, and in coordination with the Planning and Community Development Department, work may continue on other parts of the affected site while evaluation and, if necessary, additional protective measures are completed at the affected portion of the site pursuant to State CEQA Guidelines §15064.5[f]. If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource,” time and funding to allow for sufficient implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines §15064.5(f) for historical resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment upon identification of unique archeological resources (Public Resources Code §§21083.2(b)). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the San Diego Archeological Center. Acceptance and curation of the historic archeological materials will be at the discretion of the institution. If no institution accepts the archaeological material, they shall be offered to the consulting tribe or the Del Mar Historical Society for educational purposes.
Geology and Soils Condition
GEO-1 [Paleontological Monitoring]
For future development identified as having high paleontological sensitivity, the applicant shall:
a. Prior to ground disturbing activities, the Applicant shall retain a qualified Project Paleontologist, defined as a paleontologist who meets the Society of Vertebrate Paleontology standards for Qualified Professional Paleontologist, to direct all mitigation measures related to paleontological Attachment F 111 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 31 resources.
b. Prepare a Paleontological Monitoring and Compliance Program. After design of the development has been finalized to determine the precise extent and location of ground disturbing activities, and prior to ground disturbing activities, the Project Paleontologist shall prepare a Paleontological Monitoring and Compliance Program to be implemented during the ground disturbing activities. The program shall be prepared in accordance with the standards set forth by current Society of Vertebrate Paleontology guidelines (2010). Prior to ground disturbing activities, the program shall be provided to the City of Del Mar.
Ground disturbing activities where paleontological sensitivity has been identified shall be monitored full-time by a qualified paleontological monitor during initial ground disturbing activities.
The program shall be supervised by the Project Paleontologist in coordination with the City. The duration and timing of the monitoring shall be determined by the Project Paleontologist. If the Project Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend to the City that monitoring be reduced to periodic spot-checking or cease entirely.
Monitoring shall be reinstated, if reduction or suspension would need to be reconsidered by the Project Paleontologist.
The program shall outline the procedures for construction staff Worker Environmental Awareness Program (WEAP) training, paleontological monitoring extent and duration, salvage and preparation of fossils, the final mitigation and monitoring report, and paleontological staff qualifications. c. Paleontological WEAP. Prior to ground disturbing activities, the Project Paleontologist or his or her designee shall conduct construction personnel training regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be presented at a preconstruction meeting that a qualified paleontologist shall attend.
d. Fossil Discovery. In the event of a fossil discovery by construction personnel, all work in the find’s immediate vicinity shall cease, and the City of Del Mar and a qualified paleontologist shall be contacted to evaluate the find before restarting work in the area. If ground disturbing activities bring potentially sensitive geologic deposits to the surface in areas considered to have an undetermined paleontological sensitivity, these areas shall be inspected and further assessed. If it is determined that the fossil(s) is (are) scientifically significant, the qualified paleontologist shall complete the Attachment F 112 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 32 following conditions:
i. Salvage of Fossils. If fossils are discovered, the Project Paleontologist or paleontological monitor shall recover them. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the paleontologist shall have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. ii. Preparation and Curation of Recovered Fossils. Once salvaged, the City shall ensure that significant fossils are identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection (such as the San Diego County Natural History Museum), along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Project Paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project Paleontologist with further preparation as needed by an accredited museum repository institution at the time of curation.
e. Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall prepare a Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program. The report shall be provided to the City of Del Mar and shall include discussion of the location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated.
Noise Condition:
NOS-1 [Construction Noise]
To reduce construction-related noise impacts, where construction activities would exceed the standards established in DMMC Section 9.20.050 (Construction Noise), the Applicant shall require construction contractors to implement a site-specific Noise Reduction Program, which includes the following measures, ongoing through demolition, grading, and/or construction:
a. Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment Attachment F 113 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 33 redesign, use of intake silencers, ducts, engine enclosures, and acoustically-attenuating shields or shrouds), wherever feasible. b. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible.
c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers.
d. During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. e. Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electronically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler shall be used [this muffler can lower noise levels from the exhaust by up to approximately 10 dB(A)]. External jackets on the tools themselves shall be used where feasible (this can achieve an approximately 5.0-dBA reduction. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible.
NOS-2 [Complaint Tracking Program]
Prior to demolition, grading, or building permit approval, the Applicant shall submit to the Planning and Community Development Department a list of measures to respond to and track complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction. At minimum, these measures shall include the following:
a. A procedure to the public for notifying the City’s Code Compliance Officer and Sheriff’s Department (during regular construction hours and offhours); b. A requirement for a sign to be posted by the Applicant on-site specifying the permitted construction days and hours, and notification procedure, and who to notify in the event of a noise-related concern. The sign shall also include the construction contractor’s telephone numbers (during regular construction hours and off-hours); and
c. A requirement for a preconstruction meeting to be held with the Applicant and general contractor/on-site project manager to confirm that noise measures and practices (including construction hours, neighborhood notification, posted signs, etc.) are completed.
Attachment F 114 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Permit No. TTM18-004, CDP18-016, and CUP18-004 34 PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of February, 2021. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Ashley Jones, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2021-___, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of February 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Ashley Jones
Administrative Services Director/City Clerk
City of Del Mar
Attachment F 115 August 26, 2024 Item 13
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Attachment F 116 August 26, 2024 Item 13
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
APPROVING SUMMARY VACATION OF TWO PUBLIC EASEMENTS
FROM A VACANT LOT (APN 299-192-24-00) AND AN ALLEY
BETWEEN THE VACANT LOT AT APN 299-192-24-00 AND THE
PROPERTY AT 690 SERPENTINE DRIVE (APN 299-200-65-00) IN
THE CITY OF DEL MAR, CALIFORNIA
WHEREAS, Section 8300 et seq. of the California Streets and Highways Code provides for the summary vacation of streets and public service easements by City Council resolution where the portion of the street to be vacated is excess to the City’s right-of-way needs and is no longer required for street or highway purposes; and WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property identified by Assessor Parcel Numbers (APNs) 299-200-65-00 and 299-192-24-00; and WHEREAS, the Applicant has requested the vacation of two public easements over a vacant lot identified by APN 299-192-24-00 and a public alley between the vacant lot identified by APN 299-192-24-00 and the property at 690 Serpentine Drive (APN 299-200-65-00), as further described in the Tentative Tract Map (TTM18-004) included as Attachment C to the City Council Agenda Report dated February 1, 2021; and
WHEREAS, the City Council finds that:
a) The subject public right-of-way and service easements to be vacated are not needed for present or prospective public use, either for street purposes or for any other public circulation use such as pedestrian, bikeway, or other nonmotorized transportation access; and b) The subject public right-of-way to be vacated has been impassable for vehicular travel for a period of five (5) years or more; and
c) No public funds have been expended for maintenance on the subject public right-of-way or service easements to be vacated or for a period of 5 years or more; and
d) The portion of street to be vacated does not contain active public utility facilities or public utility facilities will be unaffected by the vacation; and e) Those properties adjoining the portion of street to be vacated will continue to have access; and
f) The public will benefit from the vacation through improved utilization of land; and
Attachment F 117 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Summary Vacation No. SV20-001
2 g) The vacation is not inconsistent with the General Plan; and h) The public street system for which the right-of-way was originally acquired will not be detrimentally affected by this vacation; and
i) The legal descriptions and area depictions on the Tentative Tract Map (TTM18- 004) are technically correct and in compliance with Chapter 3, Part 3, Division 9 of the Streets and Highways Code and other applicable State and local laws; and
WHEREAS, from and after the date of recording of this Resolution, the subject public easements and right-of-way will be vacated and will no longer constitute a public easement or street,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Del Mar, California, as follows:
1. That the two public easements over the vacant lot identified by APN 299-192-24- 00 and a public alley between the vacant lot identified by APN 299-192-24-00 and the property at 690 Serpentine Drive (APN 299-200-65-00), as further described in the Tentative Tract Map included as Attachment C to the City Council Agenda Report dated February 1, 2021, is ordered vacated.
2. That the City Clerk is directed to record a certified copy of the Resolution of Vacation with the County Recorder.
Attachment F 118 August 26, 2024 Item 13
Resolution No. 2021-__
Regarding Summary Vacation No. SV20-001
3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of February, 2021. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Ashley Jones, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2021-___, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of February 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Ashley Jones
Administrative Services Director/City Clerk
City of Del Mar
Attachment F 119 August 26, 2024 Item 13
The IS/MND materials are too large in size to reproduce for inclusion in the printed staff report, but are available for review on the City of Del Mar’s website at:
http://www.delmar.ca.us/Archive.aspx?ADID=1507
Attachment F 120 August 26, 2024 Item 13
16 15
17 14
14 15 1 1 1 23 7 7 5 5 4
12 6 4 4 4 7
13 17 8 8
10 & 23& 9
11 18
18 N N 123456789
10 11
12 13
14 15
16 17
18 No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
Attachment F 121 August 26, 2024 Item 13
M A P N O 1 5 9 2 M A P N O 1 3 4 3
LOT B BLK 37 MAP NO. 1343
M A P N O 1 5 9 2 M A P N O 1 3 4 3 R O S 1 2 2 2 0
PAR 4 OPEN SPACE PAR 4 OPEN SPACE
BLK 12 MAP NO. 1343 LOT 'V'
R O S 1 234 0
N
CERT OF COMPL. PAR NO 3
CERT OF COMPL. PAR NO 1
1 1
1 14
15 2
3 17
18 TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20
REGISTERED PROFESSIONAL ENGIN
E
ER
STATE OF CAL I FORNIA
RANDY R. BRO
N
C I V I L
W
Attachment F 122 August 26, 2024 Item 13
20' WIDE ALLEY (UNIMPROVED)
M A P N O 1 5 9 2 M A P N O 1 3 4 3
R O S 1 7 1 0 9
PAR 4 OPEN SPACE
R O S 1 234 0 N
CERT OF COMPL. PAR NO 2 1
18 CERT OF COMPL. PAR NO 3
TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W Attachment F 123 August 26, 2024 Item 13
20' WIDE ALLEY (UNIMPROVED)
MAP NO. 1285
M A P N O 1 5 9 2 M A P N O 1 3 4 3
ALLEY (UNIMPROVED)
MAP NO 1285 BLK 30 PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
BLK 12 MAP NO. 1285 LOT 'L' & POR. VAC. ALLEY
MAP NO. 1285 LOT 'M' BLK 12
BLK 12 MAP NO. 1285 LOT 'N' & POR. VAC. ALLEY
DEED RESTRICTION
BLK 12 MAP NO. 1285
DEED RESTRICTION
ALLEY (VACATED)
BLK 12 MAP NO. 1285 DEED RESTRICTION
POR LOT 'G' & 'O'
POR LOT 'O'
BLK 12 MAP NO. 1343 LOT 'U'
CERT OF COMPL. PAR NO 4 N
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
Attachment F 124 August 26, 2024 Item 13
TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20
REGISTERED PROFESSIONAL ENGIN
E
ER
STATE OF CAL I FORNIA
RANDY R. BRO
N
C I V I L
W
Attachment F 125 August 26, 2024 Item 13
N
TEL. 760/436-8500 FAX 760/436-8603
SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20
REGISTERED PROFESSIONAL ENGIN
E
ER
STATE OF CAL I FORNIA
RANDY R. BRO
N
C I V I L
W
CERT OF COMPL. PAR NO 1
Attachment F 126 August 26, 2024 Item 13
TEL. 760/436-8500 FAX 760/436-8603 SOWARDS & BROWN ENGINEERING 2187 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 CONSULTING ENGINEERS No. 36190 Exp. 6/30/20 REGISTERED PROFES IONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W N 123456789101112131415161718 ** * ******** 16 15 17 14 1415 1 1 1 2 3 7 7 55 4 46 4 4 4 7 12 13 17 8 8 10 & 2 3 & 9 11 18 18 Attachment F
127 August 26, 2024 Item 13
TEL. 760/436-8500 FAX 760/436-8603 SOWARDS & BROWN ENGINEERING 2187 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 CONSULTING ENGINEERS N 16 17 2 3 13 17 8 8 10 & 2 3 & 9 11 18 18 No. 36190 Exp. 6/30/20 REGISTERED PROFES IONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W 123456789101112131415161718 ************** 19 19 *** **** Attachment F
128 August 26, 2024 Item 13
TEL. 760/436-8500 FAX 760/436-8603 SOWARDS & BROWN ENGINEERING 2187 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 CONSULTING ENGINEERS N
L I C E N S E D
L
A
N
D
S U R V E Y O R
RANDY
R. BROWN
STATE
OF
CAL I FORNIA No. 5406 Exp. 9/30/22
L I C E N S E D
L
A
N
D
S U R V E Y OR
RANDY
R. BRO N
STATE OF
CAL I FORNIA W
Attachment F
129 August 26, 2024 Item 13
1 Matt Bator
Subject: FW: Follow Up Regarding Buffer Reduction- La Atalaya Subdivision Attachments: La Atalaya CDFW Revisions.pdf
From: Levy, Elyse@Wildlife <[email protected]> Sent: Monday, January 11, 2021 2:05 PM
To: Jennifer Gavin <[email protected]>
Cc: Turner, Jennifer@Wildlife <[email protected]>; Matt Bator <[email protected]> Subject: RE: Follow Up Regarding Buffer Reduction- La Atalaya Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Jennifer,
Thank you for making the requested revisions. The Department conditionally approves the request given the attached MND revisions, and a condition of approval added to the resolution which requires a deed restriction for all lots.
Thank you for coordinating with CDFW on the buffer reduction request. Please let me know if you have further questions, or require future coordination concerning the La Atalaya Subdivision Project.
Sincerely,
Elyse
Attachment F 130 August 26, 2024 Item 13
PROOF OF
PUBLICATION
(2015.5 C.C.P.)
State Of California,
County of San Diego
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
matter. I am an authorized
representative of
Del Mar Times
a newspaper of general circulation,
printed and published weekly in the
County of San Diego, and which
newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the date
of 05/28/2010, Case Number
#37-2010-00051582-CU-PT-NC;
that the notice, of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of the said newspaper
and not in any supplement thereof
on the following
Dates, to-wit:
January 21, 2021
I certify (or declare) under the penalty
of perjury that the foregoing is true
and correct.
Dated: January 21, 2021
At: San Diego, California
_________________________
Signature
Cris Gaza
UT Community Press
Attachment F 131 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
1 1. Agenda Item #5 Prop 68 grant application: Can Parks and Recreation Committee time put in count towards our local match?
Staff Response: Volunteer labor is an eligible match source. Like with in-house staff time, the city must maintain time and attendance records showing actual volunteer hours worked on the project.
They refer to https://independentsector.org for obtaining volunteer hourly wage value for budgeting/accounting purposes, and according to this resource the estimated value of each volunteer hour is $27.20. More detail can be found here: https://independentsector.org/value-ofvolunteer-time-2020/. For reference the per capita match information is outlined on page 13 of the procedural guide document:
https://www.parks.ca.gov/pages/1008/files/Per_Capita_Program_Procedural_Guide_Sept_2020_9 .1.20.pdf.
2. Agenda Item #6 DRB Policy Manual Update:
a. Can the manual clarify if “days” means calendar or business days? Staff Response: Staff suggests removal of the word “calendar” in that section for consistency. When required otherwise, the term “working days” is used.
b. Can the manual reference the ADR process conducted by staff? Staff Response: Staff suggests a simple reference to the ADR section of the Design Review Ordinance (DMMC Chapter 23.08), where this information is already spelled out. Can be added to a motion for approval.
c. Many provisions in the manual use the word “shall.” Can we consider a lead in statement to the effect that this manual is intended to provide guidance and clarity but in all cases where it might conflict with the provisions of state law, the DMMC, or the DRO, those will control? Staff Response: Yes. This language can be added to a motion for approval. d. Can we consider a reference to and explanation of the new DRB rules on ADUs/JrADUs? Staff Response: Staff’s suggestion would be to add it if necessary at a later date, with a new section that highlights various “housing” programs that exempt certain developments from discretionary review. For now, staff suggests it remain a topic covered in new Board member training. e. Should the manual include the rules and procedure for DRB member site visits? Attachment F 132 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
2 Staff Response: Staff suggests that this be an issue returned to the DRB for consideration and development, to be reviewed by the City Council at a later date with other proposed updates. f. Can the role of the ex officio DRB member be addressed in the manual? Staff Response: Staff agrees that Section 2.1 of the Policy Manual (DRB Membership) needs to be updated to include the ex-officio member and a brief statement of their role can be included listing or cited with a reference to DMMC 2.38.010, where the standards of DRB membership are provided in the DMMC. Can be added to a motion for approval. g. Can the manual include information on Board conflicts? Staff Response: Staff suggests a reference to the City’s current conflict of interest guidelines. h. Page 42, Section 4.2: Requires mailing of notice. Aren’t there situations when publishing can be done in lieu of mailing i.e. for city wide changes?
Staff Response: Not really in the case of development review before the DRB. Publishing notice for Citywide changes is used for legislative issues.
i. Does the language on Page 51 preclude simultaneous processing of DRB, LC, TRP, and CDP applications?
Staff Response: This can be clarified by adding reference to necessary “permits issued by the Planning Commission.”
j. Page 54 Step 5: Is the person ceding time required to be present as is the rule at council? Staff Response: Yes, the DRB follows the City Council’s lead on this issue.
3. Agenda Item #7 Agreement for Water Quality Testing:
a. Are these expenses recovered in the water rates? Staff Response: Yes. b. Is Fairgrounds or reclaimed water tested? Staff Response: Potable yes (at the sources), reclaimed no.
c. Do we test for water service outside the city, e.g. fairgrounds property east of JDB served by Del Mar? Staff Response: no
d. Do we test in the city for water purveyed by Santa Fe Irrigation District (SFID) on the North Bluff? Staff Response: No, however, SFID is required to test the water they serve and report it to the agencies.
e. Are there any wells in Del Mar? Staff Response: no
f. If so are they tested? Staff Response: N/A
Attachment F 133 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
3 4. Agenda Item #11 Approval of 2021 Legislative Policy Guidelines:
a. Intro Summary: Can it be revised to read “Support Funding opportunities for projects consistent with city goals?
Staff Response: Staff agrees the proposed revision narrows the Guiding Principle to specifically focus on identifying funding for city goals and priorities.
b. 1E(new): Should it reference residential not just businesses? c. III Public Protection Crimes: Should we have a position on license plate readers, facial recognition technology, smart street lights, drones, and other surveillance technologies that some law enforcement use?
d. III C fire: Is it clear Del Mar is not asking for Homeland Security grants/equipment, as some cities have, for firearms, armored vehicles, and similar? e. IV(A) Transportation: Should we have a clear statement regarding rail? f. Section V(E): Should we have an item clarifying that storm water fees are property related? g. V(H): Should we have an item regarding blue carbon projects? Staff Response: Regarding these recommendations – these are all good items to be discussed with the City Council for direction.
h. A7: “planning and construction of the following types of improvements at the Del Mar Fairgrounds: permanent rail platform; permanent housing; mobility hubs; fleet mobility services; and micro-mobility solutions.”
Staff Response: Staff is recommending these revisions because the terms align with SANDAG’s 2050 Regional Plan – staff can provide more detail at the meeting if needed.
5. Agenda Item #13 Encroachment Permit for Hedge on 964 Crest Road:
a. Has there ever been an accident at this curve?
Staff Response: Staff is checking with Public Works and the Sheriff’s Department to get this answer. b. What is the speed of vehicles around this curve?
Staff Response: The posted speed limit is 15 miles per hour. Heading South there is a speed sign as you approach 964 Crest. As you head North from the stop sign at Hoska there is no speed limit sign, Attachment F 134 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
4 yet there is a speed bump in front of 964 Crest (north side of turn) and one on the south side of the turn.
c. How long has the hedge been there with its current height? Staff Response: According to the applicant they planted the new hedge in 2014, however a second row of hedges was planted sometime after 2015 when this google photograph was taken.
6. Agenda Item #14 La Atalaya: Does La Atalya pay housing fees where they are substantially reconfiguring their lots but are not adding to the total number of lots? Staff Response: Housing fees are only required for any “new” lots created as a result of a subdivisions map. In this case, there are no net new lots created since it goes from eight existing lots to eight proposed lots. Therefore, no housing fees required. Please see DMMC section is 24.21.035.
7. Agenda Item #15 FY 19-20 CAFR and Audited Financial Results:
a. On page 73, the summary table includes a transfer out of “other funds” of -$3.381 million.
What is this “transfer out” line item? What is the right way to think about it? (Extra revenue or extra expense?)
As I recall, the budgeted “transfer in” of -$542,160 was the loan (unused) from Measure Q. Is that correct? What is the nature of the final transfer in of $86,613? Attachment F 135 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
5 Staff Response: It is important to note that for the purposes of the CAFR, the Measure Q, PEG, and Special Project Funds are all considered “General Fund”. For internal reporting and fiscal management purposes, the City has created separate funds for these funding sources. “Transfer out” represents monies that are transferred to different funds and paid out, in this case, with General Fund monies. The opposite is true for “Transfer In” which represents monies coming in to the General Fund from other funds. Since Measure Q is considered General Fund, the transfer within the two internal reporting funds is not represented in the CAFR, but is represented in the Reserve Summary Report that is included in this staff report starting on page 179. The approximate $3.38 million transferred out of General Fund include:
Subsidies: Gas Tax $451,000
Open Space $745,000
SLESF $96,000
Regional Com $29,000
Funding Capital Imp $2,000,000
The majority of the final transfer in the amount of $86,600 is from the Road Maintenance Rehabilitation Fund, which are transferred into the General Fund to offset any road construction costs that were completed during the fiscal year.
b. Looking at total revenues and total expenses, FY20 ended with +$1.3 million, correct? Staff Response: Yes, but keep in mind that this includes, Measure Q and PEG funds. c. Tax revenues were $13.632 million. How does this break down? Staff Response:
Property tax $6.6 million
TOT $2.3 million
Sales and use $1.47 million
Measure Q $2.3 million
Franchise tax $390,000
Business license $236,000
Transfer Tax $161,000
The figures above represent the major tax revenues received by the City, and does not take into account any rounding of the numbers or smaller miscellaneous tax revenues received by the City (so the total won’t tie out exactly).
d. Is Measure Q revenue included in the $13.632 million figure? Attachment F 136 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
6 Staff Response: Yes, that figure does include Measure Q revenue e. What are the end of FY20 balances for?
Staff Response:
General Fund Contingency $2.5 million
Measure Q Fund $1.16 million
Pension Reserve $1.22 million
Covid-19 Economic Contingency $213,000
Equipment Replacement $725,000
Self-Insurance/Leave Liability $325,000
any other contingency funds
f. Page 23: Can we update the Profile to reflect Del Mar's recent Charter Amendment Section 2.02? Staff Response: We will take note of this request and update the Profile to reflect Del Mar’s Charter Amendment for the next CAFR submittal in June 2021. Please note that the purpose of tonight’s agenda item is to present the results of the CAFR to the City Council, which have already been submitted to the Government Finance Officers Association (GFOA) so there is little opportunity for non-substantive changes to the report at this point in the process.
g. Page 26: “Completed habitat restoration phase of the Torrey Pines Bridge Seismic Rehabilitation Project.” What/where was the restoration?
Staff Response: The Torrey Pines Bridge Seismic Rehabilitation project was completed in 2014.
Construction of the project resulted in 0.73-acre of temporary impacts to Diegan coastal sage scrub and maritime succulent scrub that were present within construction limits. Fish and Wildlife service required 2:1 mitigation (1:1 onsite plus 1:1 offsite) of the habitat. Construction also resulted in 0.047-acre of temporary impacts to marshes and unvegetated channels. Fish and Wildlife service required 1:1 mitigation of the habitat.
As part of the required mitigation, the impacted areas were planted/monitored during the project’s Habitat Restoration Phase from 2015 through 2020. Fish and Wildlife has inspected the final restoration and approved the project’s close out permit.
h. Page 29: The discussion of reserve policies does not mention the Housing Reserve Fund—granted we deferred funding it due to covid, but we did set it up, no? It is referenced in program 7a of our draft 6TH Cycle HEU and in item 10 at page 3. Again, anywhere we can show HCD we have housing programs we should in my opinion, including in the CAFRE.
Attachment F 137 August 26, 2024 Item 13
CITY STAFF RESPONSES TO CITY COUNCILMEMBER QUESTIONS
REGARDING February 1, 2021 CITY COUNCIL AGENDA
Dated 2/1/21 1:15PM
7 Staff Response: When the City Council approved the two-year budget for Fiscal Years 2019-20 and 2020- 21, they directed that a Housing Reserve Fund be created in FY 20-21. The CAFR covers the 2019-20 fiscal year period, which was prior to the Housing Reserve Fund being created. And, in light of the City’s financial situation, what would have been the first contribution of $300K to the newly created fund was eliminated for this fiscal year. At such time that a reserve contribution is made to the Housing Reserve Fund, it will be reported in our financials.
i. Page 106: What is this? “The nonmajor Supplemental Law Enforcement Special Revenue Fund exceeded budgets by $19,206. This fund has adequate resources to cover the budget overage.”