Agenda, regular meeting, first session — Del Mar City Council, September 9, 2024 (part 2 of 2)

include measures to maintain dwelling units for long term housing including a citywide cap on the total number of STRs; and require new STRs to be primary residences where the occupants live more than six (6) months per year.

ENVIRONMENTAL IMPACT:

The Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment. There is no change in baseline environmental conditions or potential to cause a significant effect on the environment. On April 17, 2024, the City’s CEQA consultant, Interwest Group, completed an Initial Study evaluation, which concluded that no environmental factors would be potentially affected by the STR Regulations contemplated by the City Council. The subsequent revisions to the regulations also would not result in a change in baseline environmental conditions or potential to cause a significant effect on the environment. A Notice of Exemption will be prepared identifying that the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

PRIOR CITY COUNCIL REVIEW:

The City Council previously provided the following direction on various policy items to facilitate preparation of draft STR regulations:

City Council Date Action
September 5, 2023 The City Council provided direction to establish a database of existing STRs in operation to inform the City of a reasonable baseline to use for future City Council determinations and understanding of the number of existing STRs to be
accommodated. The City Council also voted unanimously to finalize its twelve Guiding Principles and Objectives.

October 2, 2023 The City Council provided direction on various policy items related to the desired regulatory approach to facilitate preparation of a draft STR regulation framework. Staff solicited input on provisions including, but not limited to, whether there should be citywide and/or neighborhood caps, how to
accommodate existing STRs, whether to limit STR permits to owners, whether to limit ownership to non-business entities, registry of existing STRs, public notice, permit renewal requirements, differences in context of single dwelling unit, twounit, and multiple dwelling unit residential zones and commercial zones, and various options for operational requirements, good 14 September 9, 2024 Item 08
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neighbor policies, and enforcement. The City Council provided direction by consensus. No formal action was taken.

January 22, 2024 The City Council reviewed the draft STR regulatory framework prepared in accordance with Council direction provided on October 2, 2023, and provided formal direction for staff to prepare draft STR regulations that accommodate existing STRs until the property changes ownership, the STR Permit is not renewed, or the permit is revoked due to con-compliance. (vote 3-2)
May 20, 2024 The City Council reviewed the revised draft STR regulatory framework prepared in accordance with City Council direction provided on January 22, 2024. No formal action was taken.

August 26, 2024 The City Council consensus was to define STR as rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less, unless otherwise exempted, and direct staff to modify the definition of “long-term rental” and the “Purpose” section, and craft an “Exemptions” section under the STR Ordinance consistent with the Council’s stated intent to expressly exempt rentals of a dwelling unit for terms of one month or longer. No formal action was taken.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is a Tier 1 City Council priority special project with the City Council adoption of the STR Regulations Ordinance to be completed by December 2024.

ATTACHMENTS:

Attachment A – Proposed STR Regulations Ordinance
Attachment B – Strikeout-Underline of changes since prior Council review (May 2024) Attachment C – STR Background Summary
Attachment D – Multi-Unit Development Site Analysis
Attachment E – Maps of Existing STR Locations
Attachment F – Map of Neighborhood Cap Locations
Attachment G – Summary of STR Permit Procedure
Attachment H – Good Neighbor Policy
15 September 9, 2024 Item 08

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, AMENDING THE DEL MAR
MUNICIPAL CODE (TITLE 30 ZONING CODE) TO
ESTABLISH A NEW CHAPTER 30.96 SHORT TERM
RENTAL REGULATIONS; AND AMENDING THE CITY’S

CERTIFIED LOCAL COASTAL PROGRAM ALL RELATING

TO THE ESTABLISHMENT OF SHORT TERM RENTAL

REGULATIONS AND PERMIT REQUIREMENTS AND
IMPLEMENTATION OF THE 6TH CYCLE HOUSING
ELEMENT PROGRAM 5C (PRESERVE THE CITY’S

EXISTING HOUSING STOCK)
WHEREAS, the term short term rental (STR) means the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less, unless otherwise exempted as a rental for a term of at least one month or longer; and
WHEREAS, the purpose of this Ordinance is to create a new Del Mar Municipal Code Chapter 30.96 to establish short term rental regulations that provide a permitting process and reasonable standards regulating the use and operation of STRs with the intent to preserve long term housing; and
WHEREAS, preparation of the STR Regulations Ordinance has been a multi-year process, which has involved studies and consideration of how the availability of dwelling units in the community for short-term visitor use can supplement the availability of visitor accommodations and support visitor-serving uses without sacrificing the City’s need to maintain its long-term housing stock; and
WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar and has an overall goal to “preserve and enhance the special character of Del Mar,” this includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City’s certified Housing Element is one of many required components that is part of the Del Mar Community Plan consistent with State laws applicable to General Plans; and
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WHEREAS, the certified Housing Element identifies programs and resources required for the preservation, improvement, and production of housing to meet the existing and projected needs of its population which requires the creation of additional affordable housing stock; and
WHEREAS, the proposed amendments to the Del Mar Municipal Code and Local Coastal Program (LCP) are required to implement the City’s 6th Cycle Housing Element commitments identified in Program 5C (Preserve the City’s Existing Housing Stock); and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to compliance with the California Coastal Act, including the required submittal of all amendments to the City’s certified LCP land use policies and zoning regulations for certification by the California Coastal Commission consistent with the Coastal Act; and
WHEREAS, City staff engaged in a multi-year public outreach process to encourage public participation for the formulation of guiding principles and objectives, draft regulations, and this Ordinance, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Planning Commission and City Council meetings; and
WHEREAS, on September 5, 2023, the City Council provided direction to staff to establish a database of existing STRs in operation within the last ten (10) years to inform the City of a reasonable baseline to use for future City Council determinations of the number of existing STRs to be accommodated; and
WHEREAS, an online registry was established on the City of Del Mar website and beginning September 8, 2023, multiple newsflash articles were published and distributed in the City’s weekly update and in all Agenda Reports to the City Council and Planning Commission relating to short term rentals from that date to the present to encourage existing STR owners seeking to continue their existing operations to add their properties to the database; and
WHEREAS, on January 22, 2024, the City Council provided policy direction to accommodate existing STRs under the new STR regulations where the existing STR owners timely register with the City and obtain a STR Permit to allow their existing STR operations to exist subject to compliance with the STR regulations, as applicable, until the property changes ownership, the STR Permit is not renewed, or the permit is revoked for non-compliance; and
WHEREAS, this STR Ordinance will accommodate existing STR owners operating in the City of Del Mar prior to adoption of the Ordinance where the owner timely registers the existing STR with the City by December 31, 2024;
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WHEREAS, STR Permit applications for existing STRs must be submitted within sixty (60) days of the effective date of the Ordinance which will be the date the Coastal Commission grants final certification of the Ordinance; and WHEREAS, the Notice of Availability and Notice of Planning Commission public hearing for the Amendments to the Community Plan, Zoning Ordinance, and LCP was posted in the Coast News on July 26, 2024, and individual mailed notices were sent to all interested parties who participated by submitting written correspondence, requested notification, and/or submitted speaker slips on the topic of short term rentals in the public meetings of the Planning Commission and City Council held between January 2023 through September 2024; and
WHEREAS, on August 13, 2024, the Planning Commission recommended approval of the CEQA determination and recommended the City Council adopt the amendments and modify the definition of short-term rentals to define STRs as less than one month and define what that means; and
WHEREAS, on August 23, 2024, the notice of City Council public hearing was published in the San Diego Union Tribune and mailed notices were sent to all interested parties including those who participated through the Planning Commission hearing on August 13, 2024; and
WHEREAS, as part of Item 17 on the August 26, 2024, City Council meeting, the City Council reviewed options for definitions of short-term rental, long-term rental, and exemptions for monthly rentals, and the Council expressed a desire to exempt rentals for a month from the STR regulations and the requirement to collect and remit Transient Occupancy Tax (TOT); and
WHEREAS, on September 9, 2024, the City Council held a duly noticed public hearing for introduction of the Ordinance; and
WHEREAS, adoption of this Ordinance will amend the Del Mar Municipal Code Title 30 (Zoning) and certified Local Coastal Program to establish short term rental regulations in a new Del Mar Municipal Code Chapter 30.96 and implement the 6th Cycle Housing Element Program 5C commitment for preservation of existing stock which is consistent with the California Coastal Commission policy guidance to limit new short term rentals to primary residences.

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

SECTION ONE: The above stated Recitals are true and correct and are incorporated by reference into this action.
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SECTION TWO: That a new Chapter 30.96 be added to the Del Mar Municipal Code and the City’s Local Coastal Program as follows:

Chapter 30.96 – Short-Term Rentals

30.96.010 – Purpose
The purpose of this Chapter is to provide a permitting process and reasonable standards regulating the use and operation of Short-Term Rentals (STRs) for visitor lodging involving timeframes of thirty (30) consecutive days or less, with the intent to maintain long-term housing stock in the City of Del Mar; honor the existing policies in the Del Mar Community Plan; maintain the residential character of neighborhoods in residential zones; honor the tradition of vacation rentals during the summer, holiday, and horseracing seasons; ensure protection of the public health, safety, and general welfare; ensure the City’s natural resources will be preserved and protected; ensure STRs will not overburden public improvements, facilities, and services; minimize adverse impacts to adjacent private properties and the surrounding neighborhood; establish distribution and concentration of STRs throughout the community; establish enforcement protocols; and ensure the regulation of STRs is, at a minimum, revenue-neutral to the City. For purposes of this Chapter, long-term rentals (including rentals for a fixed-term or periodic tenancy and rentals for a month), and home exchanges are exempt from compliance with the provisions of this Chapter.

30.96.020 – Definitions
For purposes of Chapter 30.96, the following definitions shall apply:

Accessory Dwelling Unit (ADU) shall have the same meaning as in Section

30.04.010(C) of this Municipal Code.

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

Designated Local Contact Person means the person designated by the Owner to be available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within thirty (30) minutes to complaints regarding the condition, operation, and/or conduct of occupants and guests of the STR, and taking remedial action to resolve any such complaints.

Existing Short-Term Rental (Existing STR) means a STR operating in the City prior to adoption of the City’s STR Ordinance where the Owner timely registered the STR with the City as of the date stated in the Ordinance. A STR shall cease to be protected as an Existing STR upon any of the following: the transfer of ownership of the STR property, the STR Permit is not maintained in good 19 September 9, 2024 Item 08
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standing, including a STR Permit that is not timely renewed prior to the permit expiration date, or the STR Permit is revoked due to non-compliance with any provision of this Chapter. A change in title that is processed in accordance with Section 30.96.030(G) shall not be considered a transfer of ownership that would terminate rights to an Existing STR. Unless otherwise expressly stated herein, an Existing STR is subject to all applicable provisions of this Chapter.

Home Exchange means an agreement between parties for exclusive use of each other’s homes for dwelling, lodging, or sleeping purposes, for a set period of time, with no monetary exchange or other consideration exchanged between the parties.

Long-Term Rental means the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, subject to a rental agreement, for (i) a fixed-term (e.g., annual) or periodic tenancy (e.g., month-to-month), with a total rental period of more than thirty (30) consecutive calendar days; or (ii) a rental for a month as described in Section 30.96.025 of this Chapter.

Owner means the natural person(s) who is/are the owner(s) of record of the dwelling unit, at least one of whom occupies the dwelling unit at which the STR will operate as their Primary Residence, unless identified as an Existing STR by the City. All owner(s) of record of the dwelling unit are required to sign the STR Permit application and shall be held jointly and severally liable for any violation(s) of this Chapter. For purposes of this Chapter, “Owner” may also include:
(i) A personal trust or family trust whose beneficiaries consist solely of natural persons and the trustee(s) of such trust, so long as at least one beneficiary or trustee of the trust occupies the dwelling unit at which the STR will operate as their Primary Residence. If the dwelling unit is held in a personal or family trust, each trustee must sign the STR Permit application, and shall be held jointly and severally liable for any violation(s) of this Chapter; and
(ii) A limited liability company (LLC), limited partnership (LP), or limited liability partnership (LLP) owned by natural persons (not business entities), so long as at least one manager/member occupies the dwelling unit at which the STR will operate as their Primary Residence. Each manager/member of the LLC, LP, or LLP must sign the STR Permit application, and shall be held jointly and severally liable for any violation(s) of this Chapter.

Unless identified as an Existing STR by the City, the term “Owner” does not include a dwelling unit that is fully or partially owned as a timeshare, a business trust, corporation, general partnership, or any other business entity other than a LLC, LP, or LLP.
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Primary Residence means a dwelling unit owned and occupied as the Owner’s principal place of residence, where the Owner lives more than six (6) months per year. For purposes of this Chapter, an Owner can only have one Primary Residence at any given time.

Short-Term Rental (STR) means, unless otherwise exempt under Section

30.96.025 of this Chapter, the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less. For purposes of this Chapter, Home Exchanges and LongTerm Rentals (each defined by this Chapter) are not considered STRs, and are expressly exempt from the requirements of this Chapter under Section 30.96.025.

30.96.025 – Exemptions
A. The following uses are exempt from the provisions of this Chapter:

1. Home Exchanges, as that term is defined in Section 30.96.020; and

2. Long-Term Rentals, as that term is defined in Section 30.96.020, to include (i) rentals for a fixed-term (e.g., annual) or periodic tenancy (e.g., monthto-month) totaling more than thirty (30) consecutive calendar days; and (ii) rentals for a month, as described below.

For purposes of this Section, a “rental for a month” must meet all of the following requirements to be considered exempt from the provisions of this Chapter:
a. The rental of the dwelling unit, or portion thereof, is rented for a month. This includes a rental period that starts at the beginning of a calendar month and goes through the end of the same calendar month, or a rental period that starts on a certain day within the calendar month and goes through the same day of the subsequent calendar month;
b. The rental of the dwelling unit, or portion thereof, is reserved to the same renter for the entire rental period of a month; and c. Should the renter leave the dwelling unit, or the rented portion thereof, prior to the expiration of the monthly rental period, then the dwelling unit, or the rented portion thereof, shall not be re-rented for a new rental period prior to the expiration of the monthly rental period. If the dwelling unit, or the rented portion thereof, is re-rented prior to the expiration of the monthly rental period, then the rental of the dwelling unit, or the rented portion thereof, is no longer exempt from the provisions of this Chapter and becomes subject to compliance with the requirements of this Chapter.
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An Owner may choose to rent their dwelling unit, or portion thereof, both as a STR subject to compliance with this Chapter, and as a Long-Term Rental exempt from the provisions of this Chapter, so long as the Owner applies for and obtains a valid and current STR Permit issued by the City in accordance with the terms of this Chapter. During those rental periods in which the dwelling unit, or portion thereof, is rented as a STR and is not considered exempt under this Section, the Owner shall be subject to all requirements of this Chapter, including the requirement to collect and remit Transient Occupancy Tax to the City.

B. In addition to an exemption from the provisions of this Chapter, the above uses under (A)(1) and (A)(2) of this Section are further exempt from the requirement to collect and remit Transient Occupancy Tax to the City in accordance with Chapter

3.12 of this Municipal Code.

30.96.030 – When a Short-Term Rental Permit is Required A. Any person or entity operating a STR in the City of Del Mar must have a valid STR Permit issued by the City pursuant to Section 30.96.050 of this Chapter.

Notwithstanding Section 30.96.060(A) and (B), the following properties have existing entitlements for visitor accommodations that are subject to the requirement to collect and remit Transient Occupancy Tax under Chapter 3.12 of this Municipal Code, but are not subject to the requirement to obtain a STR Permit pursuant to this Chapter:

1. Hotels in the Visitor Commercial Zone including the Best Western Premier (720 Camino del Mar), Del Mar Beach Hotel (1702 Coast Boulevard), Hotel Indigo (710 Camino del Mar), Hotel L’Auberge (1540 Camino del Mar), Les Artistes (944 Camino del Mar), and Secret Garden Inn (1140 Camino del Mar);

2. L’Auberge Vacation Villas (1570 Camino del Mar) in the Hotel Specific Plan Zone; and

3. Wavecrest Resort Timeshares (1400 Ocean Avenue) in the R2 Zone.

B. A STR Permit will only be issued to the Owner of the dwelling unit.

C. No person shall rent, offer to rent, or advertise a STR without a valid STR Permit.

D. A STR Permit shall be valid for a period of two (2) years from the date of issuance, and must be timely renewed prior to the STR Permit expiration date every two (2) years thereafter to maintain a valid STR Permit for STR operations. 22 September 9, 2024 Item 08
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E. The subletting of a STR is prohibited. Only an Owner with a valid STR Permit issued by the City is permitted to rent out a dwelling unit or portion thereof as a STR.

F. A STR Permit shall not be transferred, sold or assigned to any other person or entity. Upon transfer of ownership of a dwelling unit at which an STR operates, the STR Permit shall automatically terminate and no STR may be operated at the dwelling unit until a new STR Permit is issued by the City.

G. A new STR Permit is not required for changes in title to the dwelling unit resulting from inheritance or where an original Owner under the STR Permit remains an Owner under the new title. In such an event, notice of the change of title shall be provided to the City within thirty (30) days of such transfer.

30.96.040 – Application Requirements
An application for a STR Permit, or renewal thereof, shall be filed on a form provided by the City, shall be signed by the applicant(s) under penalty of perjury, and must include all of the following information, which shall be updated when there is any change to ensure that the City has current information on file at all times relating to the STR:

A. Legal name, address, telephone number, and email address of each Owner and the address and Assessor’s Parcel Number (APN) of the STR.

1. Each Owner of the dwelling unit is required to sign the STR Permit application and acknowledge that (i) all information contained in the STR Permit application is true and correct; (ii) each Owner and the Designated Local Contact Person have reviewed, understand and are familiar with the requirements of this Chapter; (iii) each Owner and the Designated Local Contact Person are responsible for ensuring compliance with this Chapter; (iv) failure to comply with this Chapter and all applicable provisions of the Del Mar Municipal Code may result in suspension and/or revocation of a STR Permit; and (v) each Owner may be held jointly and severally liable for any violation(s) of this Chapter.

2. If the dwelling unit is held in a personal or family trust, the trustee(s) must sign the STR Permit application and must acknowledge the information is true and correct in accordance with Section 30.96.040(A)(1).

3. If the dwelling unit Owner is a LLC, LP, LLP, or other form of business entity operating as an Existing STR, each manager/member of the entity must sign the STR Permit application and must acknowledge the information is true and correct in accordance with Section 30.96.040(A)(1).

4. Each Owner of a STR, or multiple Existing STRs, operating in the City shall disclose the name(s) and contact information for each person holding the 23 September 9, 2024 Item 08
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legal, equitable, and/or beneficial interest of each of their respective STR ownership properties, as applicable.

5. Except for Existing STRs, documentation that the STR will operate as a Primary Residence shall be demonstrated by providing proof of the Owner’s STR address as follows:
a. Proof of address on at least two (2) of the following documents:
i. Federal and State tax returns
ii. Bank account
iii. Vehicle registration
iv. Driver’s license
v. Voter registration
vi. Employment records
vii. Homeowner’s tax exemption
b. If the Owner is a LLC, LP, LLP, or other form of business entity operating as an Existing STR, the Owner shall demonstrate proof of address by providing a current Certificate of Status, or similar documentation demonstrating the business entity is active and in good standing with the state of formation.

6. Written consent from the homeowners’ association (HOA), if applicable, or acknowledgement that there are no CC&Rs, private covenants, deed restrictions, or any other governing documents that prohibit or limit STR use of the dwelling unit.

B. Commencing from the effective date of this Ordinance, the Owner of an Existing STR, which meets the definition of an Existing STR as defined in Section

30.96.020 of this Chapter, will be eligible to apply for a STR Permit. The Owner of an Existing STR must submit and have all STR Permit application requirements to the City within sixty (60) days following the effective date of this Chapter to be considered an Existing STR.

C. Legal name, address, telephone number, and email address of the Designated Local Contact Person, if different from the Owner, and written consent from the Designated Local Contact Person to act as the responsible person designated by the Owner to be available twenty-four (24) hours a day, seven (7) days a week, for the purpose of responding within thirty (30) minutes to complaints regarding the condition, operation, and/or conduct of occupants and guests of the STR and taking remedial action to resolve any such complaints.

D. Owner shall provide a Deed or Title Report for the STR property to confirm ownership interest in the property.
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E. STR Rental Agreement and Site-Specific Details.

1. Owner shall provide a copy of their standard STR rental agreement, which shall, at a minimum, include the following information: STR Permit number, STR address and information regarding the maximum STR occupancy, parking capacity, noise restrictions, trash, organics, and recycling disposal requirements, and rules and regulations that will be distributed to STR occupants and acknowledgment of receipt and review of the City’s Good Neighbor Policy.

2. Site plan and/or photos showing the number and location of designated offstreet parking spaces for the exclusive use of the STR.

3. Floor plan(s) showing the layout of the dwelling unit, including all bedrooms and bathrooms; and the location of fire extinguishers, smoke alarms, and carbon monoxide alarms.

4. Acknowledgement that the STR Permit does not authorize STR lodging in non-dwelling units such as garages or vehicles (e.g., recreational vehicles, motor homes, travel trailers, truck campers, tent trailers), treehouses, tents and other temporary shelters.

5. Authorization for the City to conduct an inspection of the STR for safety compliance in accordance with Section 30.96.070(F). The Owner shall allow the City to inspect the STR and property at any time prior to issuance of a STR Permit and/or during the operation of the STR for the purpose of making a reasonable inspection to observe and enforce compliance with applicable laws, rules and regulations of the STR, including the provisions of this Chapter. The City may, but is not required to, conduct an inspection of the STR and property pursuant to the requirements of this Section.

F. Evidence of property liability insurance in the amount of at least One Million Dollars ($1,000,000), combined single limit, which insurance shall be maintained during the entire term of any STR Permit issued by the City. Evidence of insurance renewal must be provided to the City before expiration of the policy.

G. Each Owner shall jointly and severally agree to indemnify, hold harmless, and defend the City and its officials, employees and agents from any and all liability, actions, claims, damages, costs, and expenses of any kind whatsoever, including reasonable attorneys’ fees and costs, which may be asserted by any person or entity arising from or relating to the issuance of a STR Permit or operation of a STR.

H. Any other information as the City Manager, or designee, deems reasonably necessary to administer this Chapter.
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I. Payment of STR Permit application fee or renewal fee, as applicable, for initial application or STR Permit renewal in accordance with the fee schedule established by the City Council, which may be amended from time-to-time.

30.96.050 – Permit Issuance

A. STR Permits shall be issued on a first-come, first-served basis, except that an Existing STR Owner, which applies for a STR Permit in accordance with Section

30.96.040(B), shall be granted priority to obtain a STR Permit.

1. Notwithstanding the permit issuance and locational requirements applicable to new STRs under Chapter 30.96, Existing STRs shall be accommodated as allowable uses in accordance with a valid STR Permit unless a termination of existing rights occurs upon any of the following: the transfer of ownership of the STR property, the STR Permit is not maintained in good standing, including a STR Permit that is not timely renewed prior to the date of STR Permit expiration, or the STR Permit is revoked due to non-compliance with any provision(s) of this Chapter. A change in title that is processed in accordance with Section 30.96.030(G) shall not be considered a transfer of ownership that would terminate rights to an Existing STR.

2. Notwithstanding Sections 30.96.060(A)(3)(a), (A)(4) and (A)(5) of this Chapter, Existing STRs shall be accommodated as allowable uses with a valid STR Permit, regardless of whether the existing operations are nonconforming with respect to operation of more than one STR (on the same lot or separate lots), and/or whether the operations are not within a Primary Residence.

B. The maximum number of STR Permits issued by the City shall be limited to not more than five percent (5%) of the total number of dwelling units located in the City based on the most current United States Census data.

1. STR Permits for new STRs shall be restricted to one (1) per Owner and Existing STRs shall be restricted in accordance with Section

30.96.050(B)(3). Once the maximum allowable number of STR Permits has been issued by the City (including Existing STRs and new STRs), the Owner of any applications submitted that would exceed the cap identified in this Section shall be placed on a waitlist that will be established based on the order the applications are filed and applications will be processed in the order in which the applications are received.

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(30) days from the date of notification by the City to submit a STR Permit application for consideration. If the person(s) contacted by the City do not submit a STR Permit application to the City within the required thirty (30) day period, that person(s) will be removed from the waitlist and the City will move on to notifying the next person appearing on the City’s STR Permit waitlist.

3. The Owner of an Existing STR may request a separate STR Permit for each Existing STR in operation by the Owner and registered with the City as of December 31, 2024 as stated in the STR Ordinance. If the number of Existing STRs exceeds the cap identified by this Section, then no additional STR Permits shall be issued by the City for new STRs until available capacity is reached within the cap through attrition (including, but not limited to, when existing rights are terminated for Existing STRs in accordance with Section 30.96.050(A)(1)).

C. New STR Owners may not include a dwelling unit fully or partially owned as a timeshare, a business trust, corporation, limited partnership, general partnership, or other business entity other than a LLC, LP, or LLP.

D. A STR Permit shall be issued by the City if the applicant meets the conditions and requirements of this Chapter 30.96.

E. A STR Permit shall not be issued by the City if:

1. The maximum number of STR Permits issued by the City already meets or exceeds the Citywide cap on STRs or exceeds the maximum number of permits allowed per Owner as established by Section 30.96.050(B).

2. The STR is a new STR, which is proposed in a prohibited location as set forth in Section 30.96.060 of this Chapter, or in a location that would exceed the neighborhood cap on STRs established by Section 30.96.060(A)(5).

3. The Owner has a pending enforcement action by the City for any violation of the Del Mar Municipal Code relating to the operation of a STR, unless the approval is required to resolve the enforcement action.

F. Following the issuance of a STR Permit, the City will provide written, mailed notice of the STR Permit approval to all property owners located within 300 feet of the STR. Such notice shall include the address of the STR, number of bedrooms available for rent, number of available on-site parking spaces, and contact information for the STR’s Designated Local Contact Person.

G. STR Permits may be suspended, revoked, or not renewed by the City in accordance with Section 30.96.080 of this Chapter.
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30.96.060 – STR Locational Requirements
A. Residential Zones.

1. STRs may be permitted in the following residential zones:
a. Single dwelling unit zones
Very low Density Residential (R1-40)
Modified Low Density Residential (R1-14)
Low Density Residential (R1-10)
Low Density Residential-Beach (R1-10B)
Medium Density Single Family Residential (R1-5)
Medium Density Single Family Residential-Beach (R1-5B)
Carmel Valley Precise Plan (CVPP)
b. Multiple dwelling unit zones
Medium Density Single-Mixed Residential-East (RM-East)
Medium Density Mixed Residential-West (RM-West)
Medium Density Mixed Residential-Central (RM-Central)
Medium Density Mixed Residential-South (RM-South)
High Density Mixed Residential (R2)

2. New STRs that are not within a Primary Residence shall be prohibited.

3. STRs are a prohibited use within:
a. Multi-dwelling unit rental apartment development located in residential zones.
b. Any dwelling units that are subject to deed restrictions or affordable housing covenants that limit rental of the unit to housing for specific income-restricted households.
c. An Accessory Dwelling Unit located in residential zones. d. Non-dwelling units including, but not limited to, garages or vehicles or temporary shelters such as tents.

Page 14 of 22 ends

b. Maximum of one (1) STR per Owner on a lot that is developed with two dwelling units, including lots developed with two primary dwelling units and ADU development.
c. Maximum of ten percent (10%) of the total primary dwelling units on a lot developed with multi-unit condominium development (three or more units). Lots with condominium development must provide documentation of written consent to operate a STR by the homeowner’s association (HOA).

5. The total number of STRs permitted shall be further limited as follows to minimize the potential for overconcentration:
a. A maximum of sixty percent (60%) of the total number of STRs may be located in the North Beach neighborhood, which includes the R1- 5B, R1-10B, RM-East and RM-West zones.
b. A maximum of twenty-five percent (25%) of the total number of STRs may be located in the South Bluff neighborhood, which includes the R1-40, R2, RM-South, and RC zones.
c. A maximum of fifteen (15%) of the total number of STRs may be located in the Hills neighborhood, which includes the R1-5, R1-10, R1-14, R1-40, and RM-Central zones and the northerly R2 zone located north of 15th Street.

B. Commercial Zones.

1. STRs may be permitted within the following commercial zones:

Residential-Commercial (RC)
Central Commercial (CC)
North Commercial (NC)
Professional Commercial (PC)
Visitor Commercial (VC)
941 Camino del Mar Specific Plan (941SP)

2. STRs in commercial zones are subject to the requirements in Section

30.96.060(A)(2), (A)(4) and (A)(5) of this Chapter.

3. STR use is permitted in an Accessory Dwelling Unit (ADU) subject to the regulations in Chapter 30.91 of this Municipal Code, only where the ADU is used as a Primary Residence.

4. STRs are a prohibited use within:
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a. The Beach Commercial (BC), Public Facilities (PF), Public Parkland (PP), Railroad Right-of-Way (RR), and Floodway zones.
b. Any dwelling units that are subject to deed restrictions or affordable housing covenants that limit rental of the unit to housing for specific income-restricted households.
c. Non-dwelling units including, but not limited to, garages or vehicles (e.g., recreational vehicles, motor homes, travel trailers, truck campers, tent trailers), treehouses, or temporary shelters such as tents.

30.96.070 – Operating Requirements
STRs shall comply with all of the following operating requirements:

A. Owner shall ensure that STR occupants and guests comply with all federal, state, and local laws, rules, and regulations including local regulations specific to noise, trash disposal, parking, coastal resources, and disclosure, inclusive of the following:

1. Noise Control.
a. It shall be unlawful and shall constitute a public nuisance for any Owner of a STR to cause, allow or permit the emission or transmission of any loud noise from any sound-making equipment or sound-amplifying device to occur or be maintained at a STR, which may include, but is not limited to, the following: yelling, screaming, shouting, or other disturbing noises which unreasonably interfere with the peace and quiet of the nearby residents or members of the public. Owner shall ensure that STR occupants and guests comply with the noise provisions set forth in Del Mar Municipal Code Chapter 9.20 (Noise Regulations). DMMC Section

9.20.090 specifies that any noise that is plainly audible at a distance of fifty (50) feet between the hours of 10:00 p.m. and 8:00 a.m. is considered a prima facie violation.
b. STRs are for overnight lodging. Hosting of weddings, receptions, corporate events, commercial functions, bachelor or bachelorette parties, and any other similar events or gatherings that have the potential to cause a public nuisance are strictly prohibited. c. Guest hours at STRs shall be limited from 8:00 a.m. to 10:00 p.m. daily.
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2. Trash Disposal. Trash, organic waste and recycling shall not be left or stored within public view, except in the appropriate container at a location that is designated for collection from 4:00 p.m. on the day prior to trash pick-up until up to 12:00 p.m. on the day following the day designated for pick-up. All trash and recycling shall be in approved receptacles pursuant to Del Mar Municipal Code Chapter 11.20 (Management of Solid Waste).

3. Parking. Owner shall limit the number of vehicles at the STR to the number designated in the STR Permit, which shall be determined by the City at the time of permit issuance based on the number of available on-site parking spaces. All garage, driveway, and designated on-site parking spaces shall be made available for the vehicles of STR occupants and guests. Vehicles shall not impede access to sidewalks and neighboring properties or driveways.

4. Coastal Resource Protection. The coastal resource protections in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res.

Code Section 30240) and the City’s certified Local Coastal Program are not to be superseded or lessened in any way through implementation of the Chapter 30.96 STR regulations. The Owner shall disclose if the property contains environmentally sensitive habitat areas, and shall identify STR operational requirements to avoid potential impacts to coastal resources.

5. Disclosure of Site-Specific STR Requirements and Contact Information. a. The primary STR occupant listed on the STR rental application and present at the STR during the STR rental period must be at least twenty-five (25) years of age, provide the Owner with a telephone number, and shall be accessible to the Owner or Local Designated Contact Person by telephone at all times during the STR rental period.
b. Interior Display of STR Permit. Owner shall affix the valid STR Permit provided by the City, which shall include reference to the City’s Good Neighbor Policy and Transient Occupancy Tax rate, for interior display on the inside of the main entry door of the STR. c. Exterior Display of STR Notice. Owner shall affix a sign on the exterior of the STR during operation, at a minimum size of 8.5 inches by 11 inches, identifying the STR Permit number, name and contact information for the Designated Local Contact Person, the maximum number of occupants and guests permitted at the STR, and the maximum number of vehicles allowed at the property. The notice shall be located on-site in plain view of the general public and/or common areas and shall be maintained in good condition. 31 September 9, 2024 Item 08
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d. Signs advertising availability of the STR for rent are not permitted on the property.

B. Minimum Night Stay. STRs shall have a minimum night stay of three (3) consecutive calendar nights.

C. Overnight Occupancy. Owner shall limit overnight STR occupancy to a specific number of occupants, not to exceed two (2) persons per Bedroom plus two (2) additional persons per dwelling unit. All other applicable occupancy laws shall apply.

D. Avoidance of Public Nuisance. Owner shall ensure that the STR occupants and/or guests do not create a public nuisance. Owner shall ensure that any unreasonable noise disturbances, unruly gatherings, disorderly conduct, or other violations are timely abated.

E. Prompt Response to Complaints. Owner and/or the Designated Local Contact Person must be available twenty-four (24) hours per day, seven (7) days per week, to respond to complaints. Complaints received from the City, the Sheriff’s Department, or a resident must be addressed within thirty (30) minutes of receipt of the complaint. It is not intended that an Owner or Designated Local Contact Person act as a peace officer or place themselves in an at-risk situation. In follow up, Owner shall provide documentation to the City on what steps were taken to mitigate the issue. Failure to timely respond to complaints is grounds for enforcement as set forth in Section 39.96.080 of this Chapter.

F. Safety Compliance.

1. The STR property must meet basic life safety requirements, including but not limited to, maintaining operable smoke alarms and carbon monoxide alarms, fire extinguishers, and first aid kits.

2. All Bedrooms within a STR shall meet all applicable California Building Code life safety requirements.

3. Owner shall permit the City to inspect the STR prior to the issuance of a STR Permit and/or for the purpose of making a reasonable inspection to observe and enforce compliance with the provisions of Chapter 30.96.

G. Advertisements. All STR advertisements, including those posted on or by web- or application-based hosting platform or third-party booking vendor websites, must include the STR Permit number provided by the City.
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H. Record Keeping, Audit. STR Owner shall maintain records related to use and occupancy of the STR for the purpose of inspection and/or audit to demonstrate compliance with Chapter 30.96.

I. Payment of Transient Occupancy Tax. Unless otherwise exempt under Section

30.96.025 of this Chapter, Owner shall comply with all provisions of Del Mar Municipal Code Chapter 3.12 concerning the collection and remittance of Transient Occupancy Tax (TOT) for STR rentals. The TOT calculation shall include cleaning fees, resort fees, and all other fees collected as part of the total rent charged for the STR. If the STR Owner uses a web- or application-based hosting platform or third-party booking vendor, the hosting platform or booking vendor shall be considered an agent of the STR Owner for purposes of collecting and remitting the TOT to the City.

30.96.080 – Enforcement
A. It shall be unlawful for any person to fail to comply with any of the requirements of this Chapter or with any standards/conditions of a STR Permit, or to operate a STR within the jurisdiction of the City contrary to or in violation of any of the provisions of this Chapter, any applicable provisions of this Municipal Code, or any other applicable laws, rules, and regulations.

B. Any person who violates any provision of this Chapter shall be subject to the fine amounts set forth in Government Code Section 36900(d), as that Section may be amended from time to time.

C. Violations of this Chapter may be enforced by any method allowed in Del Mar Municipal Code Title 1 (General Provisions), Title 30 (Zoning Regulations), or any other applicable enforcement mechanism available to the City.

D. Suspension or Revocation of STR Permit. In addition to any other remedy provided by this Chapter, a STR Permit may be suspended or revoked by the City Manager, or designee pursuant to this Section.

1. The decision shall be based on at least one of the following grounds:
a. A material misrepresentation, false or misleading information was included on the application or renewal application for a STR Permit. b. A violation of any applicable provision of the Del Mar Municipal Code or other applicable law relating to the operation of the STR. c. An authorized official has given notification of existing health or safety violations on the STR property, or non-compliance with applicable laws, rules or regulations relating to fire, building, health or safety on the STR property.
33 September 9, 2024 Item 08
Ordinance No. XXXX

Page 19 of 22 ends

d. An applicant or STR Permit holder is delinquent in the payment of any outstanding fees, assessments or taxes owed to the City related to any property located in the City that is owned by the applicant, including, but not limited to, Transient Occupancy Taxes (TOT).

2. If a STR Permit is revoked, the Owner shall not operate a STR at the property for a period of twelve (12) months from the date of such revocation; and no STR Permit that is revoked may be transferred to any other person or entity to operate a STR at the property during such period of revocation.

3. The appeal procedures for the denial, suspension or revocation of a STR Permit are as follows:
a. A STR Permit applicant or STR Permit holder may request an administrative hearing to appeal the denial, suspension or revocation of a STR Permit by the City. The request for a hearing shall be submitted to the City Clerk within fifteen (15) days from the date the denial, suspension or revocation of the STR Permit is provided in writing.
b. The City Manager shall designate a fair and impartial administrative hearing officer to determine whether to uphold the City’s decision to deny, suspend or revoke the STR Permit. Compensation for the hearing officer, if any, shall be paid by the City.
c. An administrative hearing shall be set for a date that is not sooner than thirty (30) days and not more than sixty (60) days from the date the request for the hearing is filed with the City, unless extended in writing by the City and the appellant. The appellant shall be notified of the time and place set for the hearing at least fifteen (15) days prior to the date of the hearing, unless the hearing date has been expedited.
d. The City and the appellant shall each submit all documents relating to the denial, suspension or revocation of the STR Permit that the respective party intends to discuss during the administrative hearing to the hearing officer and the other party at least seven (7) days in advance of the hearing date.
e. At the administrative hearing, the hearing officer shall only consider evidence that is relevant to determine whether the denial, suspension or revocation of a STR Permit is warranted. Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author 34 September 9, 2024 Item 08
Ordinance No. XXXX

Page 20 of 22 ends

is present to testify, if the hearing officer determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing officer in accordance with the fundamentals of due process. The hearing officer may limit the total length of the hearing to one (1) hour, at the hearing officer’s discretion, and shall allow the appellant at least as much time to present its case as is allowed the City.
f. The appellant shall be given the opportunity to testify and present witnesses and evidence concerning the denial, suspension or revocation of the STR Permit. The appellant may be represented by counsel. The City's case shall be presented by a Code Enforcement Officer or by any other authorized agent of the City. g. The hearing officer may continue the hearing and request additional information from the City or the appellant prior to issuing a written decision.
h. After considering all testimony and evidence submitted at the hearing, the hearing officer may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be provided to the parties within ten (10) days of the hearing and shall either uphold the denial, suspension or revocation of the STR Permit or withdrawal the denial, suspension or revocation of the STR Permit. The decision shall briefly state the reason for the conclusion of the hearing officer. The City shall serve the decision on the appellant. The decision of the hearing officer shall be final and shall not be subject to further appeal to the City.
i. The failure of the appellant to appear at the administrative hearing shall result in the hearing officer issuing a final decision to uphold the City’s denial, suspension or revocation of the STR Permit and the appellant’s exhaustion of administrative remedies.

SECTION THREE:

This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment. There is no change in baseline environmental conditions or potential to cause a significant effect on the environment. On April 17, 2024, the City’s CEQA consultant, Interwest Group, completed an Initial Study evaluation, which concluded that no environmental factors would be potentially affected by the STR Regulations contemplated by the City Council. The subsequent revisions to the regulations also would not result in a change in baseline environmental conditions or potential to cause a significant effect on the environment. A Notice of Exemption will be prepared identifying that the activity is covered by the 35 September 9, 2024 Item 08
Ordinance No. XXXX

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common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION FOUR:

This Ordinance establishes STR Regulations that will accommodate existing STR owners operating in the City of Del Mar prior to adoption of the Ordinance where the STR owner timely registers the existing STR with the City by December 31, 2024, and submits a STR Permit application within sixty (60) days of the effective date of the Ordinance which will be the date the California Coastal Commission grants final certification of the Ordinance.

Applications for all STRs will be accepted following the date this Ordinance takes effect.

Permits for existing STRs will be processed prior to applications for new STRs.

Prior to finalizing the Existing STR registry process, the City will verify that the owner has provided proof of at least one of the approved documents listed on the City’s voluntary registry webpage. This document should be provided to the City (and verified by the City) prior to the December 31, 2024 deadline.

The list of acceptable documents includes provision of at least ONE supporting document to demonstrate that the STR was in operation within the past ten years. Just one of the options below will suffice for supporting documentation:

1. Fully executed rental agreement that identifies the STR address; or

2. A City of Del Mar business license indicating the short-term rental business at the subject property; or

3. A federal or state income tax return specifying a STR business operation at the subject property. Please be sure to redact all sensitive personal information such as social security number; or

4. Printed or online advertising, or contracts, indicating actively advertised STR operations at the subject property; or

5. Other evidence of STR operations at the subject property within the past ten years may be submitted for consideration.

SECTION FIVE:

This Ordinance was introduced by the City Council on September 9, 2024.

SECTION SIX:

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 SEVEN:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
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SECTION EIGHT:

Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the California Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 23rd day of September 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 Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 23rd day of September, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
37 September 9, 2024 Item 08

9.4.2024 Attachment B
1 This copy of the draft STR Regulations shows text that is proposed to be added to the Del Mar Municipal Code (DMMC) as a new Chapter 30.96 in the City’s Zoning Code and certified Local Coastal Program. All changes presented to the City Council on May 20, 2024, the Planning Commission on August 13, 2024, and City Council on August 26, 2024, are reflected. Additional non-substantive changes for clerical, grammatical, and/or clarity purposes for consistency are also included, as proposed and recommended by staff. Text shown in underline has been added and text shown in strikeout is text that was deleted.

Chapter 30.96 – Short-Term Rentals

30.96.020 – Definitions
For purposes of Chapter 30.96, the following definitions shall apply:

Accessory Dwelling Unit (ADU) shall have the same meaning as in Section

30.04.010(C) of this Municipal Code.

9.4.2024 Attachment B
2 Existing Short-Term Rental (Existing STR) means a STR operating in the City prior to adoption of the City’s STR Ordinance where the Owner timely registered the STR with the City as of the date stated in the Ordinance. A STR shall cease to be protected as an Existing STR upon any of the following: the transfer of ownership of the STR property, the STR Permit is not maintained in good standing, including a STR Permit that is not timely renewed prior to the permit expiration date, or the STR Permit is revoked due to non-compliance with any provision of this Chapter.

A change in title that is processed in accordance with Section 30.96.030(G) shall not be considered a transfer of ownership that would terminate rights to an Existing STR. Unless otherwise expressly stated herein, an Existing STR is subject to all applicable provisions of this Chapter.

Home Exchange means an agreement between parties for exclusive use of each other’s homes for living anddwelling, lodging, or sleeping purposes, for a set period of time, with no monetary exchange or other consideration exchanged between the parties.

Owner means the natural person(s) who is/are the owner(s) of record of the dwelling unit, at least one of whom occupies the dwelling unit at which the STR will operate as their Primary Residence, unless identified as an Existing STR by the City. All owner(s) of record of the dwelling unit are required to sign the STR Permit application and shall be held jointly and severally liable for any violation(s) of this Chapter. For purposes of this Chapter, “Owner” may also include:
(i) A personal trust or family trust whose beneficiaries consist solely of natural persons and the trustee(s) of such trust, so long as at least one beneficiary or trustee of the trust occupies the dwelling unit at which the STR will operate as their Primary Residence. If the dwelling unit is held in a personal or family trust, each trustee must sign the STR Permit application, and shall be held jointly and severally liable for any violation(s) of this Chapter; and (ii) A limited liability company (LLC), limited partnership (LP), or limited liability partnership (LLP) owned by natural persons (not business entities), so long as at least one manager/member of the LLC occupies the dwelling unit at which the STR will operate as their Primary Residence. If the dwelling unit is part of a LLC, each Each manager/member of the LLC, LP, or LLP must sign the STR Permit application, and shall be held jointly and severally liable for any violation(s) of this Chapter.
39 September 9, 2024 Item 08

9.4.2024 Attachment B
3 Unless identified as an Existing STR by the City, The the term “Owner” does not include a dwelling unit that is fully or partially owned as a timeshare, a business trust, or by any entity other than a LLC (e.g., corporation, limited partnership, general partnership, or any other business entity other than a LLC, LP, or LLP limited liability partnership, etc.).

Short-Term Rental (STR) means, unless otherwise exempt under Section

30.96.025 of this Chapter, the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for not more than a period of thirty (30) consecutive calendar days or less. For purposes of this Chapter, Home Exchanges and Long-Term Rentals (each defined by this Chapter) are not considered STRs, and are expressly exempt from the requirements of this Chapter under Section 30.96.025.

30.96.025 – Exemptions
A. The following uses are exempt from the provisions of this Chapter:

1. Home Exchanges, as that term is defined in Section 30.96.020; and

2. Long-Term Rentals, as that term is defined in Section 30.96.020, to include (i) rentals for a fixed-term (e.g., annual) or periodic tenancy (e.g., month-tomonth) totaling more than thirty (30) consecutive calendar days; and (ii) rentals for a month, as described below.

9.4.2024 Attachment B
4 dwelling unit, or the rented portion thereof, shall not be re-rented for a new rental period prior to the expiration of the monthly rental period. If the dwelling unit, or the rented portion thereof, is re-rented prior to the expiration of the monthly rental period, then the rental of the dwelling unit, or the rented portion thereof, is no longer exempt from the provisions of this Chapter and becomes subject to compliance with the requirements of this Chapter.

Notwithstanding Section 30.96.060(A) and (B), the following properties have existing entitlements for visitor accommodations that are subject to the payment of requirement to collect and remit Transient Occupancy Tax under Chapter 3.12 of this Municipal Code, but are not subject to the requirement to obtain a STR Permit pursuant to this Chapter:

2. L’Auberge Vacation Villas (1570 Camino del Mar) in the Hotel Specific Plan Zone; and

3. Wavecrest Resort Timeshares (1400 Ocean Avenue) in the R2 Zone.

B. A STR Permit will only be issued to the Owner of the dwelling unit. 41 September 9, 2024 Item 08

9.4.2024 Attachment B
5 C. No person shall rent, offer to rent, or advertise a STR without a valid STR Permit.

D. A STR Permit shall be valid for a period of two (2) years from the date of issuance, and must be timely renewed prior to the permit STR Permit expiration date every two (2) years thereafter to maintain a valid permit STR Permit for STR operations.

E. The subletting of a STR is prohibited. Only an Owner with a valid STR Permit issued by the City is permitted to rent out a dwelling unit or portion thereof as a STR.

A. Legal name, address, telephone number, and email address of each Owner and the address and Assessor’s Parcel Number (APN) of the STR.

9.4.2024 Attachment B
6 3. If the dwelling unit Owner is a LLC, LP, LLP, or other form of business entity operating as an Existing STR, each manager/member of the LLC entity must sign the STR Permit application and must acknowledge the information is true and correct in accordance with Section 30.96.040(A)(1).

4. Each Owner of a STR, or multiple Existing STRs, operating in the City shall disclose the name(s) and contact information for each person holding the legal, equitable, and/or beneficial interest of each of their respective STR ownership properties, as applicable.

5. Except for Existing STRs, documentation that the STR will operate as a Primary Residence shall be demonstrated by providing proof of the Owner’s STR address as follows:
a. Proof of address on at least two (2) of the following documents:
ai.. Federal and State tax returns
bii.. Bank account
c.iii. Vehicle registration
d.iv. Driver’s license
e.v. Voter registration
f.vi. Employment records
f.vii. Homeowner’s tax exemption
b. If the Owner is a LLC, LP, LLP, or other form of business entity operating as an Existing STR, the Owner shall demonstrate proof of address by providing a current Certificate of Status, or similar documentation demonstrating the business entity is active and in good standing with the state of formation.

B. Commencing from the effective date of this Ordinance, the Owner of an Existing STR, which meets the definition of an Existing STR as defined in Section

9.4.2024 Attachment B
7 the purpose of responding within thirty (30) minutes to complaints regarding the condition, operation, and/or conduct of occupants and guests of the STR and taking remedial action to resolve any such complaints.

D. Owner shall provide a Deed or Title Report for the STR property to confirm ownership interest in the property.

E. STR Rental Agreement and Site-Specific Details.

2. Site plan and/or photos showing the number and location of designated offstreet parking spaces for the exclusive use of the STR.

3. Floor plan(s) showing the layout of the dwelling unit, including all bedrooms and bathrooms; and the location of fire extinguishers, smoke alarms, and carbon monoxide alarms.

5. Authorization for the City to conduct an inspection of the STR for safety compliance in accordance with Section 30.96.070(F). The Owner shall allow the City to inspect the STR and property at any time prior to issuance of a permit STR Permit and/or during the operation of the STR for the purpose of making a reasonable inspection to observe and enforce compliance with applicable laws, rules and regulations of the STR, including the provisions of this Chapter. The City may, but is not required to, conduct an inspection of the STR and property pursuant to the requirements of this Section.

G. Each Owner shall jointly and severally agree to indemnify, hold harmless, and defend the City and its officials, employees and agents from any and all liability, 44 September 9, 2024 Item 08

9.4.2024 Attachment B
8 actions, claims, damages, costs, and expenses of any kind whatsoever, including reasonable attorneys’ fees and costs, which may be asserted by any person or entity arising from or relating to the issuance of the a STR permit Permit or its operation of a STR.

H. Any other information as the City Manager, or designee, deems reasonably necessary to administer this Chapter.

I. Payment of STR Permit application fee or renewal fee, as applicable, for initial application or STR Permit permit renewal in accordance with the fee schedule established by the City Council, which may be amended from time-to-time.

30.96.050 – Permit Issuance

A. STR Permits shall be issued on a first-come, first-served basis, except that an Existing STR Owner, which applies for a STR Permit in accordance with Section

30.96.040(B), shall be granted priority to obtain a STR Permit.

1. Notwithstanding the permit issuance and locational requirements applicable to new STRs under Chapter 30.96, Existing STRs shall be accommodated as allowable uses in accordance with a valid STR Permit unless a termination of existing rights occurs upon any of the following: the transfer of ownership of the STR property, the STR Permit is not maintained in good standing, including a STR Permit that is not timely renewed prior to the date of permit STR Permit expiration, or the STR Permit is revoked due to noncompliance with any provision(s) of this Chapter. A change in title that is processed in accordance with Section 30.96.030(G) shall not be considered a transfer of ownership that would terminate rights to an Existing STR.

1. STR Permits for new STRs shall be restricted to one (1) per Owner and Existing STRs shall be restricted in accordance with Section

9.4.2024 Attachment B
9 the order the applications are filed and applications will be processed in the order in which the applications are received.

2. Once a STR Permit becomes available for issuance, application submittals will be accepted by the City in the order appearing on the City’s STR Permit waitlist. Person(s) listed on the City’s STR Permit waitlist, who are contacted by the City to submit a STR Permit application, will have thirty (30) days from the date of notification by the City to submit a STR Permit application for consideration. If the person(s) contacted by the City do not submit a STR Permit application to the City within the required thirty (30) day period, that person(s) will be removed from the waitlist and the City will move on to notifying the next person appearing on the City’s STR Permit waitlist.

3. The Owner of an Existing STR may request a separate STR Permit for each Existing STR in operation by the Owner and registered with the City as of December 31, 2024 date as stated in the STR Ordinance. If the number of Existing STRs exceeds the cap identified by this Section, then no additional STR Permits shall be issued by the City for new STRs until available capacity is reached within the cap through attrition (including, but not limited to, when existing rights are terminated for Existing STRs in accordance with Section 30.96.050(A)(1)).

C. New STR Owners may not include a dwelling unit fully or partially owned as a timeshare, a business trust, or by any entity other than a LLC (e.g., corporation, limited partnership, general partnership, or other business entity other than a LLC, LP, or LLPlimited liability partnership, etc.).

D. A STR Permit shall be issued by the City if the applicant meets the conditions and requirements of this Chapter 30.96.

E. A STR Permit shall not be issued by the City if:

9.4.2024 Attachment B
10 4. The property had a STR Permit revoked in the previous twelve (12) months, unless the STR Permit will be issued to a new Owner that meets the eligibility requirements.

G. STR Permits may be suspended, revoked, or not renewed by the City in accordance with Section 30.96.080 of this Chapter.

30.96.060 – STR Locational Requirements
A. Residential Zones.

2. New STRs that are not within a Primary Residence shall be prohibited.

3. STRs are a prohibited use within:
a. Multi-dwelling unit rental apartment development located in residential zones.
47 September 9, 2024 Item 08

9.4.2024 Attachment B
11 b. Any dwelling units that are subject to deed restrictions or affordable housing covenants that limit rental of the unit to housing for specific income-restricted households.
c. An Accessory Dwelling Unit located in residential zones. d. Non-dwelling units including, but not limited to, garages or vehicles or temporary shelters such as tents.

4. Except for Existing STRs with a valid STR Permit, the maximum number of STRs per lot shall be restricted to:
a. Maximum of one (1) STR per lot developed with one dwelling unit, including lots developed with one primary dwelling unit and ADU development.
b. Maximum of one (1) STR per Owner on a lot that is developed with two dwelling units, including lots developed with two primary dwelling units and ADU development.
c. Maximum of ten percent (10%) of the total primary dwelling units on a lot developed with multi-unit condominium development (three or more units). Lots with condominium development must provide documentation of written consent to operate a STR by the homeowner’s association (HOA).

B. Commercial Zones.

1. STRs may be permitted within the following commercial zones:
48 September 9, 2024 Item 08

9.4.2024 Attachment B
12 Residential-Commercial (RC)
Central Commercial (CC)
North Commercial (NC)
Professional Commercial (PC)
Visitor Commercial (VC)
941 Camino del Mar Specific Plan (941SP)

2. STRs in commercial zones are subject to the requirements in Section

30.96.060(A)(2), (A)(4) and (A)(5) of this Chapter.

3. STR use is permitted in an Accessory Dwelling Unit (ADU) subject to the regulations in Chapter 30.91 of this Municipal Code, only where the ADU is used as a Primary Residence.

4. STRs are a prohibited use within:
a. The Beach Commercial (BC), Public Facilities (PF), Public Parkland (PP), Railroad Right-of-Way (RR), and Floodway zones.
b. Any dwelling units that are subject to deed restrictions or affordable housing covenants that limit rental of the unit to housing for specific income-restricted households.
c. Non-dwelling units including, but not limited to, garages or vehicles (e.g., recreational vehicles, motor homes, travel trailers, truck campers, tent trailers), tree-housestreehouses, or temporary shelters such as tents.

30.96.070 – Operating Requirements
STRs shall comply with all of the following operating requirements:

9.4.2024 Attachment B
13 public. Owner shall ensure that STR occupants and guests comply with the noise provisions set forth in Del Mar Municipal Code Chapter

9.20 (Noise Regulations). DMMC Section 9.20.090 specifies that any noise that is plainly audible at a distance of fifty (50) feet between the hours of 10:00 p.m. and 8:00 a.m. is considered a prima facie violation.
b. STRs are for overnight lodging. Hosting of weddings, receptions, corporate events, commercial functions, bachelor or bachelorette parties, and any other similar events or gatherings that have the potential to cause a public nuisance are strictly prohibited. c. Guest hours at STRs shall be limited from 8:00 a.m. to 10:00 p.m. daily.

2. Trash Disposal. Trash, organic waste and recycling shall not be left or stored within public view, except in the appropriate container at a location that is designated for collection from 4:00 p.m. on the day prior to trash pickup until up to 12:00 p.m. on the day following the day designated for pickup. All trash and recycling shall be in approved receptacles pursuant to Del Mar Municipal Code Chapter 11.20 (Management of Solid Waste).

4. Coastal Resource Protection. The coastal resource protections in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res.

9.4.2024 Attachment B
14 b. Interior Display of STR Permit. Owner shall affix the valid STR Permit provided by the City, which shall include reference to the City’s Good Neighbor Policy and Transient Occupancy Tax rate, for interior display on the inside of the main entry door of the STR. c. Exterior Display of STR Notice. Owner shall affix a sign on the exterior of the STR during operation, at a minimum size of 8.5 inches by 11 inches, identifying the STR Permit number, name and contact information for the Designated Local Contact Person, the maximum number of occupants and guests permitted at the STR, and the maximum number of vehicles allowed at the property. The notice shall be located on-site in plain view of the general public and/or common areas and shall be maintained in good condition. d. Signs advertising availability of the STR for rent are not permitted on the property.

B. Minimum Night Stay. STRs shall have a minimum night stay of three (3) consecutive calendar nights.

F. Safety Compliance.

1. The STR property must meet basic life safety requirements, including but not limited to, maintaining operable smoke alarms and carbon monoxide alarms, fire extinguishers, and first aid kits.
51 September 9, 2024 Item 08

9.4.2024 Attachment B
15 2. All Bedrooms within a STR shall meet all applicable California Building Code life safety requirements.

H. Record Keeping, Audit. STR Owner shall maintain records related to use and occupancy of the STR for the purpose of inspection and/or audit to demonstrate compliance with Chapter 30.96.

I. Payment of Transient Occupancy Tax. Unless otherwise exempt under Section

30.96.025 of this Chapter, Owner shall comply with all provisions of Del Mar Municipal Code Chapter 3.12 concerning the payment collection and remittance of Transient Occupancy Tax (TOT) for STR rentals. The TOT calculation shall include cleaning fees, resort fees, and all other fees collected as part of the total rent charged for the STR. If the STR Owner uses a web- or application-based hosting platform or third-party booking vendor, the hosting platform or booking vendor shall be considered an agent of the STR Owner for purposes of collecting and remitting the TOT to the City.

B. Any person who violates any provision of this Chapter shall be subject to the fine amounts set forth in Government Code Section 36900(d), as that Section may be amended from time to time.

9.4.2024 Attachment B
16 1. The decision shall be based on at least one of the following grounds:
a. A material misrepresentation, false or misleading information was included on the application or renewal application for a STR Permit. b. A violation of any applicable provision of the Del Mar Municipal Code or other applicable law relating to the operation of the STR. c. An authorized official has given notification of existing health or safety violations on the STR property, or non-compliance with applicable laws, rules or regulations relating to fire, building, health or safety on the STR property.
d. An applicant or STR Permit holder is delinquent in the payment of any outstanding fees, assessments or taxes owed to the City related to any property located in the City that is owned by the applicant, including, but not limited to, Transient Occupancy Taxes (TOT).

9.4.2024 Attachment B
17 d. The City and the appellant shall each submit all documents relating to the denial, suspension or revocation of the STR Permit that the respective party intends to discuss during the administrative hearing to the hearing officer and the other party at least seven (7) days in advance of the hearing date.
e. At the administrative hearing, the hearing officer shall only consider evidence that is relevant to determine whether the denial, suspension or revocation of a STR Permit is warranted. Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the hearing officer determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing officer in accordance with the fundamentals of due process. The hearing officer may limit the total length of the hearing to one (1) hour, at the hearing officer’s discretion, and shall allow the appellant at least as much time to present its case as is allowed the City.
f. The appellant shall be given the opportunity to testify and present witnesses and evidence concerning the denial, suspension or revocation of the STR Permit. The appellant may be represented by counsel. The City's case shall be presented by a Code Enforcement Officer or by any other authorized agent of the City.
g. The hearing officer may continue the hearing and request additional information from the City or the appellant prior to issuing a written decision.
h. After considering all testimony and evidence submitted at the hearing, the hearing officer may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be provided to the parties within ten (10) days of the hearing and shall either uphold the denial, suspension or revocation of the STR Permit or withdrawal the denial, suspension or revocation of the STR Permit.

The decision shall briefly state the reason for the conclusion of the hearing officer. The City shall serve the decision on the appellant.

The decision of the hearing officer shall be final and shall not be subject to further appeal to the City.
i. The failure of the appellant to appear at the administrative hearing shall result in the hearing officer issuing a final decision to uphold the City’s denial, suspension or revocation of the STR Permit and the appellant’s exhaustion of administrative remedies.
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Attachment C
1 BACKGROUND
This City Council priority special project initially began in 2016 and resumed in January 2023 after various processing delays due to the timing of court decisions rendered during the COVID-19 pandemic. Following is a summary of actions that have occurred to date:

Council Guiding Principles & Objectives for STR Regulations On July 24 and September 5, 2023, the City Council determined the twelve guiding principles and objectives to guide the process for development of new STR regulations:

1. Honor the existing policies in the Del Mar Community Plan.

2. Maintain the residential character of neighborhoods in residential zones.

3. Honor the tradition of vacation rentals during the summers, holidays, and horseracing season.

4. Ensure protection of the public health, safety, and general welfare.

5. Ensure the City’s natural resources will be preserved and protected.

6. Ensure STRs will not overburden public improvements, facilities, and services.

7. Minimize adverse impacts to adjacent private properties and the surrounding neighborhood.

8. Consider distribution and concentration of STRs throughout the community.

9. Craft regulations that are easy to understand and implement.

10.Communicate expectations for civil conduct in line with “good neighbor” policies.

11. Establish enforcement protocols, and ensure regulation of short-term rentals is, at a minimum, revenue neutral to the City.

12.Work towards a solution for STRs that works for Del Mar and will pass muster with the Coastal Commission.

STR Data and Database of Existing STRs to Identify Baseline Conditions In January 2023, the City contracted with consulting firm DTA to collect STR data specific to the City of Del Mar. DTA collected data between January 1, 2023, through June 30, 2023, to provide a general understanding of existing STRs in Del Mar (i.e., number, type, average length of stay, rental rate, and occupancy rates; and general location in the City).

The STR data sets (April 2023 and June 2023) were presented to the City Council on July 10 and September 5, 2023, as described below.
o The number of STRs in Del Mar increased from 107 (April 2023) to 125 (June 2023), which represents an increase in the percentage of STRs compared to total dwelling units from 4.2% to 4.9% of the City’s total 2,574 dwelling units per the 2020 Census. This comparison does not include the 43 STRs advertised in the Wavecrest Resort Timeshares (31 units) or L’Auberge Vacation Villas (12 units). o For the greater 92014 zip code, which includes the City of Del Mar and portions of the cities of San Diego and Solana Beach and County of San Diego, following is a 55 September 9, 2024 Item 08
Attachment C
2 summary of the change in trends identified between the April 2023 and June 2023 data related to length of stay, daily rental costs, and availability:
▪ An increase in the average days per rental from three to five days; ▪ A slight decrease in average daily rental rate from $630 to $625; and ▪ An increase in the average STR occupancy rate (occupancy compared to availability) from 62% to 82%.
o The breakdown of existing STRs in the City of Del Mar by location is as follows:
▪ 57-59% of the existing STRs are operating in residential zones in the North Beach neighborhood (RM-West, RM-East, and R1-5 zones);
▪ 26-28% of the existing STRs are operating in residential zones in the south bluff neighborhoods (R2 and RM-South zones);
▪ 15% of the existing STRs are operating in residential zones in the hills neighborhoods (R1-10 and CVPP); and
▪ The Wavecrest Resort and L’Auberge Villas provide an additional 43 STR options allowed per existing entitlements (R2 zone and Hotel Specific Plan).

On September 5, 2023, the City Council provided direction to staff to establish a database of existing STRs in operation to inform the City of the number of existing STRs that need to be accommodated. Multiple newsflash articles were published and distributed in the City’s weekly update beginning September 8, 2023, to encourage existing STR owners to add their properties to the database. Owners will be required to register their existing STRs prior to the effective date of the Ordinance. Owners are encouraged to register existing STRs at following link:
https://www.delmar.ca.us/FormCenter/Planning-6/ShortTerm-Rental-Registry-51 As of August 8, 2024, there have been 115 existing STRs registered in the STR database.

Consideration of Benchmarks: Other Cities, Coastal Commission, and the Courts On September 5, 2023, the City Council received a report with an overview of past Coastal Commission actions, court decisions, and legal parameters to help guide community discussions focused on the creation of a new STR regulatory framework.

General Description of Coastal Act
The Coastal Act requires public access to be protected, provided, and maximized.

The CCC considers STRs as a means for visitors to access the coast. The relevant policy Section 30213 of the Coastal Act states “Lower cost visitor and recreation facilities shall be protected, encouraged, and where feasible, provided.

Developments providing public recreational opportunities are preferred.” The CCC has interpreted that STRs are a type of lower cost visitor accommodation, more affordable than traditional hotels that can facilitate members of the public with low or moderate incomes to access and recreate at the coast. Further, the CCC has taken the position that coastal jurisdictions should expressly accommodate STRs 56 September 9, 2024 Item 08
Attachment C
3 within Local Coastal Program policies and regulations. The CCC has generally interpreted STRs to be both a visitor-serving use and a form of residential use. In terms of length of stay, CCC staff has indicated an expectation in the past that the local regulations accommodate the ability for a weekend getaway to provide visitor opportunities during the most common times individuals are able to travel. That being said, the CCC has expressed recognition that each community is unique and may address STRs differently.

Local Policy Context
Del Mar Community Plan (General Plan)
The Del Mar Community Plan expresses the community’s policy vision to guide development. It is the main point of reference for all land use-related decisions.

The Community Development section of the Community Plan includes the City’s Land Use Element and the most relevant land use policies related to the topics of STRs and housing included below:

Overall Goal: Preserve and enhance the special character of Del Mar, the elements of which are a village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach.

Community Development Goal 3: Preserve and enhance Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline.

Goal 3 Objective C: Adopt strong positive controls to prevent future commercial development which is incompatible with the existing residential character of the community.

Goal 3 Objective D: Preserve existing and insure adequate housing for diverse age and socio-economic groups within the community.

Goal 3 Objective E: Encourage and facilitate provision of lower cost housing for low- and moderate-income households.

Community Development Goal 5: Preserve the economic integrity of the community.

Goal 5 Objective A: Maintain a balanced philosophy toward commercial growth which permits the City’s income to keep pace with its expenditures while insuring compatibility with all other goals and objectives of the Community Plan.

Goal 5 Objective B: Promote those uses of the commercial area which will be of greatest economic benefit to the community while insuring compatibility with all other goals and objectives of the Community Plan. 57 September 9, 2024 Item 08
Attachment C
4 Goal 5 Objective D: When feasible and appropriate, require an economic analysis on any future proposed community plan revisions.

Community Development Goal 6: Assure continuing public participation in city planning by developing procedures in which citizens can participate in updating General Plan goals and policies and help in implementing programs including consultation and advice on enabling legislation.

City of Del Mar Community Plan - Housing Element (6th Cycle 2021-2029) The Housing Element identifies the following goals, policies, and programs:
• Provide new types of housing opportunities and housing capacity for a greater range of income levels by pursuing development at the State Fairgrounds, promoting accessory dwelling units, and incorporating multiple dwelling unit development in various commercial zones;
• Remove governmental constraints to create new opportunities for affordable housing through modified regulations, incentives, and streamlining of processes;
• Establish a regulatory framework that supports the maintenance and improvement of existing housing, including the preservation of affordable housing;
• Provide equal opportunities and access to housing options within the community for residents of all abilities consistent with the City’s overall housing policy goal to “Inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar.”;
• Provide affordable housing assistance resources and information to residents, property owners, and individuals seeking to remain living in the community or to relocate to Del Mar; and
• Identify the challenges faced by special needs groups working and/or living in the community and taking actionable steps towards assisting those groups consistent with the City’s housing goals.

Housing Element Program 5C commits the City to implement measures to reduce current vacancy rates in units that off-site property owners report as unoccupied and having no long-term housing tenant.

Local Coastal Program (LCP) Land Use Plan (LUP)
Any proposed land uses must conform with the policies of the Coastal Act. The standard of review for any prospective STR Ordinance will be the City’s certified LCP LUP. Relevant LCP policies include:

LUP Goal IV-A: Provide physical and visual access to coastal recreation areas for all segments of the population without creating a public safety concern, 58 September 9, 2024 Item 08
Attachment C
5 overburdening the City’s public improvements, degrading the City’s natural resources, or causing substantial adverse impacts to adjacent private properties.

LUP Policy II-6: Encourage visitor-serving and recreation-oriented businesses that blend harmoniously with the traditional small-town character of the community.

LUP Goal V-B: Provide the public with quality overnight accommodations and other visitor-serving facilities which enhance the unique village character of the community.

LUP Policy V-10: The City shall ensure that development of visitor-serving facilities is compatible with surrounding development and is consistent with the policies of this Land Use Plan intended to preserve environmentally sensitive resources.

Regulatory Context – Zoning Code/Certified Local Coastal Program (LCP) Title 30 of the Del Mar Municipal Code sets forth the City’s Zoning regulations. The DMMC Title 30 regulations and associated maps applicable to base zones, overlay zones, permitted/allowed uses, required discretionary permit types, public access, and coastal resources comprise the City’s certified LCP implementing ordinances.

Until new STR regulations are adopted and become effective, new STR’s are only an allowed use in commercial zones, including the Residential-Commercial (RC), Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), Visitor-Commercial (VC), Hotel Specific Plan, and 941 Camino Del Mar Specific Plan zones; and as provided for by development entitlement (i.e., Wave Crest Resort Time Shares and L’Auberge Vacation Villas). STRs are currently not an allowed use in any residential zones, including R1-40, R1-14, R1-10, R1-0B, R1- 5, R1-5B, RM-east, RM-West, RM-Central, RM-South, and R2 zones.

On October 2, 2023, the Council considered regulation examples from 17 jurisdictions:
• San Diego region: Cities of Carlsbad, Encinitas, Oceanside, San Diego, and Solana Beach.
• Other California Jurisdictions: Cities of Avalon, Carmel by the Sea, Carpinteria, Dana Point, Half Moon Bay, Laguna Beach, Newport Beach, Palm Springs, Pismo Beach, San Clemente, Santa Cruz, and Trinidad.

On January 22, 2024, the Council reviewed a draft STR framework and directed staff to revise the draft to allow existing STRs to exist until the property changes ownership, the permit is not renewed, or the permit is revoked due to non-compliance. On May 20, 2024, Council review of a revised STR framework focused on the permit process; the ability to maintain rights as an existing STR operator; enforcement and good neighbor policies; transient occupancy tax; primary residence requirement for new STRs; the changing perspective of CCC related to long-term housing and STRs; and the schedule to bring forward a STR Ordinance to Planning Commission, City Council, and CCC. 59 September 9, 2024 Item 08
Attachment C
6 Prior Actions to Accommodate Existing STRs Until New Regulations Take Effect Initial Moratorium:

After experiencing a significant increase in the number of STRs operating in residential zones, on April 4, 2016, the City Council adopted a moratorium on new STRs in residential zones and provided for existing, non-conforming STRs to temporarily continue to operate while new regulations are processed. The moratorium ended on November 6, 2017 (when Ordinance 934 was adopted). The moratorium was replaced with a Council-adopted forbearance policy to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect (see forbearance discussion below).

STR “7/28 Ordinance” - Ordinance 934:

November 6, 2017 - The City Council adopted Ordinance 934 to establish new STR regulations. This ordinance, also referred to as the “7/28 ordinance”, never became effective because Zoning/Local Coastal Program Amendments require CCC certification per the California Coastal Act in order to take effect.

June 7, 2018 – After the CCC conditionally certified Ordinance 934 in June 2018, the City processed an extension. However, while the City was waiting for final resolution of litigation, the conditional CCC approval expired on December 13, 2019.

February 7, 2021 - The court dismissed the final case (City of Del Mar v. California Coastal Commission) because the CCC’s conditional approval had expired on December 13, 2019.

Adoption of Forbearance Policy Currently in Effect:

The forbearance policy was adopted by Council Resolution 2017-71 on November 6, 2017, to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect. The forbearance has been consistently applied, enforced, and maintained:

Date City Council Action
Nov 6, 2017 Adopted STR Ordinance 934 and Resolution 2017-71 to establish Forbearance Policy
Sep 4, 2018 Approved 6-month extension to March 2019 (Resolution 2018-61) Feb 11, 2019 Approved 1-year extension to February 2020 (Resolution 2019-09) Feb 3, 2020 Approved 1-year extension to February 2021 (Resolution 2020-05) Feb 1, 2021 Approved 2-year extension to February 2023 (Resolution 2021-04) Jan 23, 2023 Approved 2-year extension to January 2025 (Resolution 2023-02) 60 September 9, 2024 Item 08
ANALYSIS OF MULTI-UNIT PROPERTIES (August 2024) –Tables and Maps Multi-Unit Condos in Residential Zones # of Units Max New STRs
Zone
1 Del Mar Woods Condos 126 13 RM-South
2 212 4th Street Condos 18 2 RM-South
3 424 Stratford Court Condos 38 4 RM-South
4 515 Stratford Court Condos 10 1 RM-South
5 519 Stratford Court Condos 18 2 RM-South
6 460 Camino del Mar Condos 18 2 RM-South
7 Sea Cliff Way Condos (Stratford Ct/Sea Cliff) 5 1 RM-South 8 155 15th Street Condos 28 3 R2
9 1552 Camino del Mar Condos 24 2 R2
10 1558 Camino del Mar Condos 20 2 R2
11 1562 Camino del Mar Condos 36 4 R2
12 1844 Camino del Mar (Del Mar Villas Condos) 24 2 R2
13 1735 Coast Blvd Condos 5 1 RM-West
14 1757 Coast Blvd Condos 10 1 RM-West
15 1750 Ocean Front Condos 5 1 RM-West
16 Costa Del Rey Condos (2719 Camino del Mar) 16 2 RM-East 17 Sandy Pointe Condos (CDM and 29th Street) 20 2 RM-East *10% calculation of total units rounded to nearest
whole number
421 units
total
Capacity:
45 STRs
Apartment Properties in Residential Zones # of Units Max New STRs
Zone
1 Los Arboles Apartments (201 4th Street) 97 - RM-South 2 167 4th Street Apartments 12 - RM-South
3 425 Stratford Court Apartments 18 - RM-South
4 510 Stratford Court Apartments 48 - RM-South
5 703 Stratford Court Apartments 12 - RM-South
6 Ocean Village Apartments (1425 Ocean Avenue) 22 - R2
7 El Adobe Apartments (2135 Coast Blvd) 12 - RM-West
8 2515 Camino del Mar Apartments 14 - RM-East
9 Beach Colony Apartments (2801 Camino del Mar) 86 - RM-East 321 units
total
Capacity:
0 STRs
Apartments in Commercial Zones that Allow STR Use # of Units Max New STRs
Zone
1 Terraces at Del Mar Apartments (526 Camino del Mar) 53 5 VC 2 941 CDM Multi-Unit – construction pending
Includes 2 deed-restricted affordable units that
preclude STR use and 6 unrestricted units
8 6 941 CDM
SP
3 Watermark Multi-Unit – construction pending
Includes 10 deed-restricted affordable units that
preclude STR use and 40 unrestricted units
50 4* NC
* 10% calculation is based on 40 units total in order to subtract out the 10 deed-restricted affordable units
111 units
total
Capacity:
15 STRs
Attachment D
61 September 9, 2024 Item 08
North Beach and North Commercial Zone Multi-Unit Properties North Beach Multi Unit Properties
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City Center Multi-Unit Properties
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South Stratford Multi-Unit Properties
64 September 9, 2024 Item 08
Attachment E
1 Analysis of STR Cap, Neighborhood Caps, and Existing STRs Citywide Cap on STRs
The draft STR regulations set a 5% cap on the total number of allowed STRs, which would be 129 STRs maximum. The draft also establishes neighborhood caps to mimic historic use patterns and minimize the potential for overconcentration of STRs in one neighborhood. Currently, the City has a record of 117 existing STRs and potential capacity for a maximum of an additional 12 new STRs spread between the North Beach, South Bluff, and Hills neighborhoods and other areas with limited options (North Bluff/Via de la Valle (R1-14, R1-40 zones) and the 941 CDM Specific Plan, CC, VC, NC, and RC zones).

North Beach Neighborhood Cap
The North Beach neighborhood includes the RM-West, RM-East, R1-5B, and R1-10B zones. The draft sets a 60% cap on STRs in the North Beach neighborhood. The percentage is taken from the total 129 STRs allowed citywide. A maximum of 77 STRs would be allowed in North Beach neighborhood.

South Bluff Neighborhood Cap
For the purpose of the STR Ordinance, the South Bluff neighborhood includes portions of the R2 and R1- 40 zones, and RM-South and RC zones. The draft sets a 25% cap on STRs allowed. A maximum of 32 STRs would be allowed in the South Bluff neighborhood.

Hills Neighborhood Cap
For the purpose of the STR Ordinance, the Hills neighborhood includes portions of the R1-40 and R2 zones, R1-10, RM-Central, and Carmel Valley Precise Plan (CVPP) zones. The draft sets a 15% cap on the total number of STRs allowed. A maximum of 19 STRs would be allowed in the Hills Neighborhood.

Potential STRs in Capped Neighborhoods and Other Locations in Residential and Commercial Zones Analysis of STR Potential in Residential Zones
Existing STRs Max STRs per Cap Potential New STRs
North Beach 74 77 Up to 3 more
South Bluff 25 32 Up to 9 more
Hills 18 19 Up to 1 more
Other: North Bluff and
Via de la Valle
0 N/A One per lot if capacity
under citywide cap
Analysis of STR Potential in Commercial Zones
Non-Restricted
Dwelling Units
Existing STRs Potential New STRs
CC Zone 5 0 5 (One per lot)
VC Zone 53 0 5 (at 10% of units)
941 CDM SP 6 0 6 (per entitlement)
NC Zone 40 0 4 (at 10% of units)
PC Zone 0 0 0
RC Zone 9 0 6 (One per lot)
65 September 9, 2024 Item 08
Attachment E
2 Following is a description of the set of maps in this Exhibit which show:
• The locations of the 117 Existing STRs citywide include:
o Existing STRs in North Beach (74 STRs)
o Existing STRs in South Bluff (25 STRs)
o Existing STRs in Hills (18 STRs)
• The three areas that have neighborhood caps on STRs include:
o North Beach neighborhood (cap at 60% - maximum 77 STRs): RM-West, RM-East, R1-5B, and R1-10B zones
o South Bluff neighborhood (cap at 25% - maximum 32 STRs): portions of the R2 and R1-40 zones, and the RM-South and RC zones
o Hills neighborhood (cap at 15% - maximum 19 STRs): portions of R1-40 and R2 zones, and the R1-10, RM-Central, and Carmel Valley Precise Plan (CVPP) zones • The commercial zones with additional existing and future capacity for STRs include:
o CC Zone
o VC Zone
o 941 CDM SP
o NC Zone
o PC Zone
o RC Zone
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The City Council will specify the deadline to register within the STR Ordinance Registry deadline will be at least 30 days from STR Ordinance adoption Permit applications will be accepted following the date the STR Ordinance takes effect Effective date of Ordinance is date Coastal Commission grants final certification Permits for Existing STRs will be processed prior to applications for new STRs Allows existing STRs to exceed caps (i.e., citywide, neighborhood), owners to submit a permit for each existing STR, continue operating without primary residence requirement, and continue operating until change in ownership, permit expires, or permit is revoked Summary of Proposed STR Permit Procedures
Qualifying Existing STRs - STRs in operation prior to adoption of STR Ordinance Must apply for STR Permit within 60 days following the effective date of the STR Ordinance Existing STRs must timely register with the City of Del Mar Must renew STR Permit prior to permit expiration date
STR Permits will expire after two years
Must maintain STR Permit in good standing with no lapse in permit expiration in order to maintain rights as Existing STR per STR Ordinance
New STRs - All STR Permit Applications other than Existing STRs:

Can apply for STR Permit following Ordinance effective date Permit applications will be accepted following the date the STR Ordinance takes effect Effective date of Ordinance is date Coastal Commission grants final certification Permits for Existing STRs will be processed prior to applications for new STRs A maximum of one STR Permit application may be submitted per owner New STRs must comply with specified caps in STR Ordinance New STRs will be processed in the order permit application is received Waitlist will be established if there is not available capacity within the specified caps (i.e., citywide, neighborhood) to accommodate new STRs
Procedures for Individuals on Waitlist to submit application when capacity is available City will contact individuals in the order added to the waitlist Individual must submit STR Permit application within 30 days of contact by City If applicant does not timely submit, they will be removed from the waitlist and the City will contact the next name on the waitlist to apply for a STR Permit
Attachment G
Must renew STR Permit prior to permit expiration date
STR Permits will expire after two years
73 September 9, 2024 Item 08
Attachment H

CITY OF DEL MAR

SHORT-TERM RENTAL GOOD NEIGHBOR POLICY
This Good Neighbor Policy (Policy) was created to minimize potentially adverse impacts that Short-Term Rental (STR) properties may have on surrounding neighborhoods. STR owners, occupants and guests are responsible for ensuring compliance with the following rules. The capitalized terms in this Policy shall have the same meaning as the definitions in Del Mar Municipal Code (DMMC) Chapter 30.96 (STR Regulations).

STR Permit #: Exp.:

STR Address:

Owner Name: Phone:
• 24/7 Local Contact – Owner or Owner’s Designated Local Contact Person must be available 24 hours per day, seven days per week, to respond to complaints during STR operations.

Name: Phone:
• Complaint Response Time – Complaints received from the City, the Sheriff’s Department, or a resident must be addressed within 30 minutes of receipt of the complaint. • Overnight Occupancy – Maximum overnight occupancy is limited to two persons per bedroom, plus two people for the unit as a whole consistent with the California Building Code.

Max. Overnight Occupancy:
• Daytime Guests – Daytime guests are permitted between the hours of 8:00 am and 10:00 pm. • Parking – All garage, driveway, and designated on-site parking spaces must be made available for STR occupants and guests. Vehicles shall not impede access to sidewalks or neighboring properties or driveways.
• Minimum Night Stay – A three-night minimum stay is required. • Minimum Rental Age – No person under the age of 25 years shall be permitted to rent a STR. • Exterior Signage – The required exterior display sign identifying the Designated Local Contact Person, maximum number of occupants, and maximum number of vehicles shall be displayed and maintained on-site as a public notice during STR operations per DMMC Section 30.96.070(A)(5). • Interior Signage – A copy of the STR permit, this Policy, and the Transient Occupancy Tax (TOT) rate shall be displayed on the inside of the main entry door of the STR (DMMC Section 30.96.070). • Public Nuisance Noise – Any disturbing, excessive or offensive noises as defined in Chapter 9.20 of the DMMC shall be prohibited.
• Trash/Recycling – Properties shall be kept clean with no visible trash. Receptacles shall be stored out of public view, except on collection days in designated locations (DMMC Chapter 11.20). • No Special Events Permitted Onsite – Includes weddings, commercial functions, parties, etc. • Enforcement – STR permits may be denied, suspended or revoked for violations of the STR Ordinance. Violations are subject to DMMC Title 1 (General Provisions), Title 30 (Zoning), or any other applicable enforcement mechanism. This includes, but is not limited to, misdemeanor criminal prosecution, administrative monetary citations, and/or civil nuisance abatement actions.

For additional information, visit the City’s STR webpage at: www.delmar.ca.us/563/Short-Term-Rentals 74 September 9, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dave Druker and Councilmember Tracy Martinez Clem Brown, Assistant City Manager
Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: Joint Resolution Regarding the LOSSAN Rail Realignment Project

REQUESTED ACTION/RECOMMENDATION:

Mayor Dave Druker and Councilmember Tracy Martinez recommend that the City Council adopt a joint resolution (Attachment A) from the cities of Del Mar, Solana Beach, and San Diego and the 22nd District Agricultural Association (22nd DAA) regarding the San Diego Association of Government’s (SANDAG) LOSSAN Rail Realignment Project.

BACKGROUND:

The City of Del Mar has closely monitored the SANDAG LOSSAN Rail Realignment project (Project) since public outreach began in 2020. The Project includes studying options for removing the rail line from the fragile Del Mar coastal bluffs to an inland location by a SANDAG targeted date of 2035. The Project has generated a high level of community concern and engagement. While SANDAG is leading and has ultimate authority over the Project, the City has taken significant steps to keep the public informed, share information in a timely manner, and stay actively engaged on the Project. Current information on the Project can be found on the City’s website at http://tiny.cc/dm-rail-projects.

The Project is currently in the environmental review phase, which began with the issuance of a Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) on June 4, 2024, and an associated public scoping meeting on June 18, 2024. The NOP is the preliminary step in the State’s California Environmental Quality Act (CEQA) process that will determine the technical studies needed to develop an EIR for the Project. The 45-day public comment period for the NOP closed on July 19, 2024, and SANDAG has since reported receiving approximately 1,500 responsive comments. It is the City’s understanding that SANDAG will be making these comments publicly available in the coming weeks.

At the direction of the City Council, staff coordinated with City on-call environmental consulting firm SWCA Environmental Consultants (SWCA), to review the NOP document for consistency with CEQA guidelines. SWCA’s comments and recommendations were incorporated as appropriate into the City’s comments. In addition, the City Council retained special legal counsel with CEQA expertise, Doug Carstens with Carstens, Black & Minteer, LLP, to review the NOP and assist with finalizing the City’s NOP comments. As part of this 1 September 9, 2024 Item 09
City Council Agenda Report
Joint Resolution - LOSSAN Rail Realignment Project
September 9, 2024

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effort, all public comments provided to date orally or in writing to the City were taken into consideration.

On July 16, 2024, the City Council discussed the City’s final comments on the NOP and directed staff to submit the formal response to SANDAG by the July 19 deadline. The agenda report and NOP comment letter are available on the City’s website at http://tiny.cc/dm-nopcomments.

DISCUSSION/ANALYSIS:

Stakeholder Concerns with NOP Alignments and Joint Resolution During the NOP public comment process, significant concerns were raised by stakeholders and the public regarding all three proposed Project alignments (Alternative A – I-5 Alignment; Alternative B – Crest Canyon Alignment; and Alternative C – Camino del Mar Alignment).

In response to these concerns, the City of Del Mar spearheaded a collaborative effort with the City of Solana Beach, City of San Diego, and the 22nd District Agricultural Association (Fairgrounds) to develop a Joint Resolution related to the LOSSAN Rail Realignment Project that calls for fair and equal engagement of the primary governing body project stakeholders (Primary Stakeholders) moving forward and asks SANDAG to work with the parties to: 1) develop mutually agreed upon project goals and objectives; 2) identify a clear project description, and 3) determine new or modified rail realignment alternatives that take into consideration the adverse impacts to public and private property, businesses, homeowners/residents, tourism, public safety, sensitive environmental areas, and the regional economy during and after construction.

This collaborative effort began at the start of the Del Mar City Council recess, and participation in these discussions was determined based on Council availability and including those members who would have the highest chance of success in negotiating with representatives from other agencies. As such, Mayor Dave Druker and Councilmember Tracy Martinez (representatives to SANDAG/North County Transit District (NCTD) Boards) participated in these discussions for Del Mar.

To comply with the Brown Act, and to ensure consistency and continuity in the SANDAG Value Analysis Process as discussed further below and related actions, it is recommended that Mayor Druker and Councilmember Martinez continue to represent the City in these project related discussions and activities through Mayor Druker’s service on Council, which will come to an end in December 2024.

Value Analysis Process
SANDAG has initiated a value analysis study to further evaluate alignment alternatives to advance into the environmental analysis process. This technical study, which will be done in collaboration with stakeholders from Carlsbad, Del Mar, Encinitas, San Diego, Solana Beach, Oceanside, the 22nd District Agricultural Association, North County Transit District, Metropolitan Transit System, and Caltrans, will seek to improve the existing alignment alternatives or identify new ones for additional consideration. The value analysis study is expected to be completed later this fall.
2 September 9, 2024 Item 09
City Council Agenda Report
Joint Resolution - LOSSAN Rail Realignment Project
September 9, 2024

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Military Use of the LOSSAN Rail Corridor
At the City Council meeting on June 16, 2024, it was requested that staff work with Councilmember Martinez as the City’s primary representative to NCTD, to research information related to the military’s use of the LOSSAN rail corridor. As such, staff did some research and learned that the military’s use of the LOSSAN Corridor occurs as part of BNSF’s use of the rail line, and is primarily managed by the Railroads for National Defense (RND) Program.

The RND Program ensures the readiness capability of the national railroad industry to support DOD’s defense deployment and peacetime needs. The DOD, in partnership with the Federal Railroad Administration, oversees the Strategic Rail Corridor Network (STRACNET) to ensure DOD’s minimum rail needs are specifically identified and coordinated with the appropriate transportation agencies. The LOSSAN rail corridor is part of STRACNET as the only connection between Marine Corps Base Camp Pendleton and the Port of San Diego, a strategic seaport, to the rest of the United States’ rail network.

Staff met virtually with Daniel Zedack, Chief of the RND Program, which is under the DOD’s United States Transportation Command (USTRANSCOM). Chief Zedack provided staff with the attached unclassified document on the DOD’s defense equities of the LOSSAN rail corridor (Attachment B), which clarifies the military’s use of the rail corridor.

FISCAL IMPACT:

There is no fiscal 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 COUNCIL GOALS AND PRIORITIES:

City involvement in major SANDAG initiatives, including the LOSSAN Rail Realignment Project, is a Tier 1 City Council priority.

ATTACHMENTS:

Attachment A – Proposed Joint Resolution
Attachment B – Department of Defense’s Use of the LOSSAN Rail Corridor 3 September 9, 2024 Item 09

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DEL MAR (DEL MAR), CITY COUNCIL OF THE CITY OF SOLANA

BEACH (SOLANA BEACH), CITY COUNCIL OF THE CITY OF SAN
DIEGO (SAN DIEGO), 22ND DISTRICT AGRICULTURAL
ASSOCIATION (22ND DAA), (TOGETHER THE “PARTIES”),

REGARDING THE SAN DIEGO ASSOCIATION OF

GOVERNMENTS (SANDAG) LOSSAN RAIL REALIGNMENT

PROJECT
WHEREAS, the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor is an important part of the region’s economy, has a role in our nation’s defense by providing direct rail access to key ports and military bases, and is a significant component of achieving SANDAG’s adopted climate goals; and
WHEREAS, the LOSSAN corridor also supports ridership for North County Transit District (NCTD), Amtrak Pacific Surfliner, and the transit of goods for the BNSF railway; and WHEREAS, a portion of this rail line runs along the environmentally sensitive and fragile Del Mar bluffs, the erosion of which continues to affect passenger and freight rail operations and has been identified for realignment by SANDAG; and WHEREAS, as part of the rail realignment effort, it is critically important that SANDAG undertake robust outreach and engagement throughout the process, which should include sharing information and engaging equally with each of the primary governing body project stakeholders (Primary Stakeholders) to determine a long-term solution to continue passenger and freight rail operations to the north and south; and WHEREAS, the built environment in which this project will be undertaken poses many challenges including potentially adverse impacts to public and private property (including acquisition of rights-of-way and eminent domain), businesses, homeowners/residents, tourism, public safety, sensitive environmental areas, and the regional economy during and following construction, which must be considered and minimized to the greatest extent feasible when identifying potential rail realignment options; and WHEREAS, SANDAG is the Lead Agency under the California Environmental Quality Act (CEQA), and the Primary Stakeholders may have discretionary actions at some point in the future making them a Responsible Agency under CEQA; and WHEREAS, significant negative concerns about each of the proposed project alignments (A, B, and C) have been raised by project stakeholders and the public as part of the project Notice of Preparation (NOP) public comment process, which closed on July 19, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Parties that:

1. The above recitals are true and correct.

2. In light of the significant concerns that have been raised about proposed Alignments A, B, and C, including a lack of sufficient engagement with the Primary Stakeholders, the Parties request that SANDAG undertake more detailed engagement with the Primary Stakeholders to develop mutually agreed upon 4 September 9, 2024 Item 09
Joint Resolution

Page 2 of 2 ends

project goals and objectives, identify a clear project description, and determine new or modified rail realignment options.

3. Throughout the planning, analysis, and design of this project, SANDAG should take into consideration how to minimize or, if possible, avoid negative or adverse impacts as outlined by the Parties above.

4. Decision making should be based on publicly available documentation derived from research, engineering, and technical evaluations, including but not limited to selection of the proposed project and alternatives, attainment of the majority of defined key project objectives, and determinations of significance under CEQA for issue areas, environmentally preferred alternative, and statement of overriding considerations.

5. The Parties direct that a copy of this Resolution be provided to SANDAG once fully executed.

PASSED, APPROVED AND ADOPTED by the Parties as indicated by the following authorized signors as of the dates identified below:

CITY OF DEL MAR CITY OF SOLANA BEACH
____________________________ ____________________________ Dave Druker, Mayor Lesa Heebner, Mayor
DATE: ______________________ DATE: ______________________ CITY OF SAN DIEGO 22ND DAA
____________________________ _____________________________ Todd Gloria, Mayor Frederick Schenk, Board President
DATE: ______________________ DATE: _______________________ 5 September 9, 2024 Item 09

DEPARTMENT OF THE ARMY

MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
1 SOLDIER WAY
SCOTT AIR FORCE BASE, ILLINOIS 62225-5006
22 February 2024
Mr. Omar Atayee
Acting Director of Engineering and Construction
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Dear Mr. Atayee:

Per your request, the Military Surface Deployment and Distribution Command Transportation Engineering Agency, Railroads for National Defense Program provides the attached information paper detailing the defense equities of the LOSSAN rail corridor.

Sincerely,
Daniel G. Zedack, P. E.

Chief, Railroads for National
Defense Program
6 September 9, 2024 Item 09

UNCLASSIFIED

UNCLASSIFIED
SUBJECT: DOD Equities in the San Diego-Los Angeles-San Luis Obispo Rail Corridor USTRANSCOM POSITION:

BACKGROUND:
- On behalf of USTRANSCOM, the Railroads for National Defense (RND) program ensures the readiness capability of the national railroad industry to support defense deployment and peacetime needs. Rail transportation is extremely important to the DOD. Heavy tracked vehicles, high volume movements of wheeled vehicles, and bulk shipments of ammunition must use rail to meet contingency deployment timelines between inland installations and seaports of embarkation. - The DOD, in conjunction with the Federal Railroad Administration (FRA), established the Strategic Rail Corridor Network (STRACNET) to ensure DOD’s minimum rail needs are specifically identified and coordinated with appropriate transportation authorities. STRACNET and the associated connectors form a continuous rail line network consisting of over 41,000 miles of railroad lines serving over 140 defense sites and both military and commercial Strategic Seaports.
- The STRACNET is assessed and updated for sufficiency on a 5-year cycle, with the most recent update published in June 2023. This update concluded that STRACNET, and the nation’s rail lines overall, are in acceptable defense readiness condition and are prepared to meet military needs.

Defense readiness considerations include rail network maintenance condition, clearance, and gross weight capabilities. The overall current good health of STRACNET can be attributed to the rail carriers’ ability to effectively manage their network, which was enabled through previous rail industry deregulation.
- The Surface Transportation Board (STB) regulates the railroad industry, including proposed railroad abandonments and mergers. The RND Program monitors all STB rail industry filings (e.g., proposed abandonments and mergers), and, as appropriate, files comments on railroad regulatory matters with a military impact.
- It is DOD policy to integrate defense rail line needs into civil sector policy, plans, standards, programs, and regulations. RND engineers consult with the FRA in the development, planning, construction, retention, rehabilitation, maintenance, and operation of civil sector rail lines as they relate to DOD requirements.

The Railroads for National Defense (RND) Program collaborates closely with public and private sector rail transportation partners to ensure that the railroad industry adequately meets military needs. The Strategic Rail Corridor Network (STRACNET) identifies commercial rail corridors and rail lines with military importance. As a part of STRACNET, the worsening trackbed conditions caused by seaside erosion along the Los Angeles-San Diego rail line is a concern to the DOD. The military relies on this rail line as the only connection between Marine Corps Base Camp Pendleton and the Port of San Diego, a Strategic Seaport, to the rest of the US rail network. The DOD will continue to monitor STRACNET infrastructure and will rely on infrastructure owners and regulators to fulfill their responsibility to ensure common-carrier railroad lines are well-maintained.
7 September 9, 2024 Item 09

UNCLASSIFIED

UNCLASSIFIED
DISCUSSION:
- The rail corridor between San Diego, Los Angeles, and San Luis Obispo, commonly referred to as the LOSSAN corridor, is identified as a defense-important corridor within the STRACNET. This rail line is owned in different sections by BNSF Railway (BNSF), Union Pacific Railroad (UP), and regional commuter rail authorities. Between San Diego and Los Angeles counties, freight service is provided wholly by BNSF via trackage rights over track owned by commuter rail authorities. It is the only functional freight rail connection between the San Diego metro area and the US rail network. There is no alternate rail route to MCB Camp Pendleton or the Port of San Diego, a Strategic Seaport. The LOSSAN rail corridor also serves the Port of Long Beach and Naval Base Ventura County (Port Hueneme), both of which are designated Strategic Seaports, as well as the Port of Los Angeles, a designated alternate commercial Strategic Seaport. - From 2013 to 2023, this corridor carried about 278,000 tons of military cargo by rail to the Port of San Diego. In 2022, the line transported over 500 carloads of DOD equipment, totaling nearly 2,000 pieces of equipment weighing approximately 32,000 tons. The vast majority of this equipment is wheeled and tracked vehicles loaded on flatcars. As a Strategic Seaport, the port serves as a key seaport of embarkation (SPOE) for both peacetime rotations and surge deployments of large military units. The port is well equipped to efficiently load DOD cargo to Military Sealift Command (MSC) and commercial Roll-On/Roll-Off (RORO) vessels. In addition to military benefits, DOD’s use of the port economically benefits the community as the DOD pays for use of port intrastructure and utilizes port labor during onload/offload operations.

US Army soldiers offload M1 Abrams tanks and other military equipment from railcars at the Port of San Diego.

Photo Credit: SDDC TEA
8 September 9, 2024 Item 09

UNCLASSIFIED

UNCLASSIFIED
- For bulk ammunition movements, the DOD largely ships containerized ammunition by rail from inland ammunition depots to designated Military Ocean Terminals or Naval Magazines not located on the LOSSAN rail corridor. These military-owned seaports are specifically designed to store and ship large quantities of bulk ammunition with reinforced holding areas, specially designed vessel docks, and standoff distances to protect surrounding communities. Due to safety requirements, the Port of San Diego has a low capacity of ammunition shipping capability, and is not ideal for shipping large quantities of ammunition.
- As part of normal duties, RND coordinates with BNSF regarding the condition of all BNSFoperated STRACNET rail lines. The Los Angeles-San Diego section of the LOSSAN corridor is consistently a topic of discussion in these forums given the erosion issues in multiple areas along the route. BNSF keeps the military adequately informed of infrastructure status. The recent erosion issues in the San Clemente area triggered several embargos of the rail line, resulting in multi-day outages. Immediate problems were expediently repaired, however, freight trains are currently directed to ‘slow-order’ in certain zones. While not ideal, the recent embargos did not affect military shipments and this corridor remains open for military traffic. - DOD is supportive of actions by infrastructure owners and/or regulators to ensure the long-term viability and capacity of this rail corridor. While there is no DOD funding stream for offinstallation rail projects, RND has provided information on the current defense use of the LOSSAN corridor to local, state, and federal transportation officials in support of infrastructure upgrades.

Specifically, RND has provided letters verifying the defense benefit of projects eligible for federal discretionary grant funding to the North County Transit District (NCTD) and the San Diego Association of Governments (SANDAG). RND has advocated for well-maintained and reliable operation of the corridor to the California State Transportation Agency (CalSTA) and the Surface Transportaion Board (STB). Additionally, RND has provided information on the defense importance of the corridor to the California State Senate Subcommittee on LOSSAN Rail Corridor Resiliency.

BNSF train along San Clemente bluffs hauling military cargo to the Port of San Diego Photo Credit: Mark MacDougall, used with permission
9 September 9, 2024 Item 09

UNCLASSIFIED

UNCLASSIFIED
SUMMARY/RECOMMENDATION:

Through the RND program, USTRANSCOM will continue to monitor the infrastructure condition along the San Diego-Los Angeles-San Luis Obispo rail line and advocate for the defense importance of this corridor. Infrastructure owners and regulators should continue to take action to preserve safe and reliable rail service on this rail corridor. 10 September 9, 2024 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager
Wendy House, Deputy City Attorney
Via Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: Options for Filling Upcoming City Councilmember Vacancy REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council consider whether to fill the upcoming Councilmember vacancy created by Councilmember Dwight Worden’s resignation, effective September 24, 2024, by appointment or by special election, and provide direction to staff regarding the desired process.

BACKGROUND:

The Del Mar City Council is comprised of five Councilmembers elected to four-year terms.

Councilmembers serve at-large, meaning there are no Council districts in Del Mar.

At the August 26, 2024 City Council meeting, Councilmember Worden announced his resignation, effective September 24, 2024 (Attachment A), with his last City Council meeting being September 23, 2024.

In accordance with California Government Code Section 36512, the City Council must either (1) call a special election; or (2) make an appointment to fill the vacancy by November 23, 2024, which is 60 days from the date of the vacancy. The successor Councilmember will serve until the expiration of Councilmember Worden’s term, which is through December 2026.

The person appointed or elected must be 18 years or older and a resident and registered voter of the City of Del Mar.

DISCUSSION/ANALYSIS:

As discussed above and in accordance with State law, the City Council is required to make an appointment or call for a special election by November 23, 2024. Below is a more detailed description of each option.

Special Election
On or before November 23, 2024, the City Council may call a special election to fill the seat for the remainder of Councilmember Worden’s term (December 2026). Should the 1 September 9, 2024 Item 10
City Council Agenda Report
Filling Upcoming City Councilmember Vacancy
September 9, 2024

Page 2 of 3 ends

________________________________________________________________________________________________________ City Council Action:

Council decide to hold an election, the special election must be held on the next regularly scheduled election date, not less than 114 days from the call of the special election (Government Code § 36512(b)(1).) The deadline has passed for consolidating an election for Councilmember Worden’s seat with the upcoming November 5, 2024, General Municipal Election.

The earliest opportunity to consolidate a special election with the next regularly scheduled County election process would be March 4, 2025. This timing would result in the Councilmember seat being vacant for six (6) months, at a minimum. Staff has requested but has not yet received as of the time of publishing this agenda report, a cost estimate for the special election from the County of San Diego Registrar of Voters (ROV). Based on recent special election costs held by other agencies, a rough estimate is $100,000.

Should the City Council decide to proceed with this option, staff would confer with the ROV to obtain more specific cost and logistical information to provide to the City Council at a subsequent meeting. The City Council would also need to adopt the required resolutions calling for a consolidated special election on or before November 23, 2024.

Appointment
The City Council also has the option to fill the vacant seat by appointment at any regular or special City Council meeting held on or before November 23, 2024. An appointment requires a majority affirmative vote of the City Council. The appointment process has a minimal cost impact, consisting primarily of staff time.

The Government Code and the Del Mar Municipal Code do not specify the procedure for making a City Council appointment. As such, staff has provided the following additional information and options for City Council consideration.

Application or Nomination Process
Options to consider for Council appointment include the nomination of individuals for appointment by Councilmembers or facilitation of an application and interview process consistent with how the Council considers applicants for appointment to the Planning Commission (PC) and Design Review Board (DRB).

Consistent with the City’s existing procedures for PC and DRB appointments, the City Council could proceed with an application and public interview process, which would ensure applicants are willing and qualified to serve on the City Council, provide opportunity for the public to hear from applicants and provide comment for Council consideration, give Councilmembers the opportunity to review relevant information provided by the applicant in a standard format, and follow an already established City appointment process.
2 September 9, 2024 Item 10
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Filling Upcoming City Councilmember Vacancy
September 9, 2024

Page 3 of 3 ends

________________________________________________________________________________________________________ City Council Action:

Attached is a sample application form (Attachment B) for the City Council’s review and feedback. A potential schedule for making an appointment through the application process, could be as follows:
• September 10, 2024 - City Clerk to post and publish City Council application form. • September 27, 2024 - Applications due to the City Clerk’s Office by 4:30 p.m. • October 7, 2024 (or any time before November 23, 2024) - City Council interviews the applicants and votes on an appointment during open session of the City Council meeting, or directs staff to re-open the application period and solicit additional interest.
• November 23, 2024 (Saturday) – Deadline for the City Council to appoint a successor to fill the vacancy. If no appointment is made by this date the vacancy will be filled at the next regularly scheduled election in November 2026.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Should the Council proceed with a special election, the estimated cost is approximately $100,000, and would require an allocation of funds from the General Fund. There is little to no cost for facilitating a Council appointment process outside of related staff time, which would not be significant.

ATTACHMENTS:

Attachment A – Dwight Worden Letter of Resignation dated August 26, 2024 Attachment B – Sample City Council Application
3 September 9, 2024 Item 10
4 September 9, 2024 Item 10

CITY COUNCIL APPLICATION
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved XX/XX/XXXX
The City Council is soliciting qualified applicants from September 10 - 27, 2024, to fill a City Council seat that will become vacant on September 24, 2024. The appointed City Councilmember will serve until December 2026. Appointments and interviews are tentatively scheduled for the October 7, 2024, City Council Meeting.

In order to be considered for Council appointment, applicants must be 18 years or older and a resident and registered voter of the City of Del Mar.

The City Council meets the first Monday and Wednesday of each month at 4:30 p.m. and may hold special meetings periodically as needed. Closed Session is typically held prior to each regular meeting at approximately 3:00 p.m. (start time varies). The 2024 City Council Meeting Schedule is available on the City’s website and the remaining meetings for the 2024 calendar year are listed below. Meeting dates for 2025 have not been set at this time. 2024 City Council Meeting Schedule
• October 7, 2024 (tentative appointment date)
• October 21, 2024
• November 18, 2024
• December 2, 2024
• December 16, 2024
In addition to City Council meetings, individual City Councilmembers are appointed by the City Council to serve as liaisons to City advisory committees; local non-profits; and regional organizations.

More information about the City Council’s Policies, City Council and City Manager Guiding Principles, City Council’s Fiscal Year 2024-2025 Goals and Priorities, and other helpful information is available on the City Council’s webpage.

Form Submittal: The deadline to submit applications is Friday, September 27, 2024, at 4:30 p.m. Forms can be submitted via email: [email protected] or in-person/by mail at:

Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014. Please contact Administrative Services Manager/City Clerk Sarah Krietor with any questions (858) 375-9517.

IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
5 September 9, 2024 Item 10

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITY COUNCIL APPLICATION
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Cell Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

Relevant Experience (job or volunteer, etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential. 6 September 9, 2024 Item 10

Page 2 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**IMPORTANT: Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency:

Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a registered voter in Del Mar? ☐ Yes ☐ No
Additional Information: Please provide any additional information that you think is important for the Council to take into consideration regarding your potential appointment to serve on the City Council. 7 September 9, 2024 Item 10

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. ADDITIONAL QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

Why are you interested in serving on the Del Mar City Council? What do you see as the biggest issues or challenges facing the City of Del Mar? IV. SIGNATURE AND ACKNOWLEDGEMENT
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _____________________________ __________________________ Signature Date
Within one (1) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
8 September 9, 2024 Item 10

Del Mar City CouncilSeptember 9, 2024

Del Mar City Council
September 9, 2024