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Agenda, first session

Del Mar City Council
September 23, 2024

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Agenda, first session
Meeting
September 23, 2024
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Del Mar City Council
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Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
September 23, 2024 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)
1 Melinda Gould
From: Wayne Dernetz <[email protected]>
Sent: Saturday, September 21, 2024 11:58 AM
To: City Clerk Mail Box
Subject: Red Dot Communication - September 23, 2024 City Council Agenda Item VII, 1 Attachments: A Tribute To Dwight Worden.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Mayor and Council Members,
We may not be able to attend the presentations for outgoing City Council member Dwight Worden at your meeting of September 23, 2024. So we have attached our written tribute to thank Dwight for his many years of service to our community.

Thank you,
Wayne and Liz Dernetz
9th Street, Del Mar
1 September 23, 2024 Item 01

A TRIBUTE TO DWIGHT WORDEN
Some say, the true measure of a person is not in what they have built, nor in how much they have accumulated, but in who they have helped. By that measure Dwight Worden stands tall among us. For more than four decades, Dwight has competently been serving our community: helping us find our better selves and leading us toward accomplishing more than we could imagine.

I am privileged to have known and worked with Dwight since 1977. Dwight was then appointed by the City Council to serve as Del Mar’s third city attorney. At the time, I was Del Mar’s city manager. It was soon apparent to me that the City Council had made the right choice, and that Dwight Worden would help Del Mar achieve great things.

Since 1977, Dwight has often been a polestar for the City and the community. He has pointed the way forward for us to find greater solutions and opportunities. He has guided us through conflicts and consensus, always steering us toward the right path.

Dwight is unmatched for his common-sense wisdom; his grasp of both the law and of human concerns; his verbal skills; his calming manner; and his ability to be simultaneously kind and candid, insightful and aware; always finding the best in others.

Dwight has been a force for progress, equity, decency, and compassion in our civic life. His guidance will be sorely missed in coming years.

There comes a time when each of us must pass the torch, to step aside, so others can have their chance. Dwight has more than earned a rest and the opportunity to heal and to explore new facets in his life. A second retirement.

Liz and I wish him well. And we thank him for his generosity, leadership, and contributions on our behalf over the years.

September 21, 2024
Wayne Dernetz and Liz Dernetz,
9th Street, Del Mar, California
2 September 23, 2024 Item 01
A Tribute to
Dwight Worden
SEPTEMBER 23, 2024
FROM: BETTY WHEELER
September 23, 2024 Item 01
A 50+ year record as
an environmental
activist and leader
In his 20’s:

As a University of San Diego law student, co-founded
the Environmental Law Society
Carried petitions for California’s Prop. 20, the 1972
Initiative that resulted in the passage of the Coastal Act and the creation of the California Coastal Commission
(CCC).

Worked for Coast Watch as an advocate on matters
before the newly-created CCC, on behalf of the Sierra
Club. In this role, he often appeared at both the San Diego Coast Commission and the Statewide Commission, which
heard appeals from Regional CCCs.

September 23, 2024 Item 01
A Coast Watch
highlight:

An appellate court opinion deciding
that Dwight Worden was a ”friend of
the people” and not “an eager
beaver, busybody or intermeddler”
Dwight’s role with Coast Watch resulted in a Court of Appeals decision in 1975.

At issue: whether Dwight was “an aggrieved person” within the meaning of the California Coastal Zone Conservation Act of 1972, or was a mere eager beaver, busybody or intermeddler. The Court of Appeals found that in “the strange new world of legal protection for the physical environment and ecological balance,” Dwight was an “ami du pueple“, or “friend of the people,” entitling him to “take up the cudgels” to protect the natural resources of the coastal zone, and not merely “an eager beaver, busybody or intermeddler.” The result: a decision affirming the denial of a development permit for a four-story building on the Carlsbad waterfront . . . and affirming Dwight as a friend of the people, and not an eager beaver or busybody.

September 23, 2024 Item 01
California
Coastal
Commission
At age 29: Appointed by Gov. Jerry Brown
in 1977 to the regional Coastal Commission,
and, later, appointed by Senate President Pro
Tem Jim Mills as an alternate on the
statewide CCC.
(The initial structure of the CCC was 6 regional
commissions and one statewide commission, which served
as an appellate body for the regional commissions.)
September 23, 2024 Item 01
“A Pioneer
Protector of
San Elijo
Lagoon”
Dwight was honored in 2001
for his 30+ years of work to
preserve San Elijo Lagoon, and
recognized as “instrumental in
the establishment of the San
Elijo Lagoon Ecological
Reserve.”
September 23, 2024 Item 01
Batiquitos Lagoon:

Lead Litigation Counsel
for the Restoration
(1987-1997)
In one of the nation’s largest habitat
restoration projects of its time, the Port of L.A.
restored Batiquitos Lagoon from a choked
and dying habitat to a thriving habitat with
ocean access. This project, completed in 1997
at a cost of $57 million, increased the state’s
wetland inventory by 100+ acres and returned
a natural treasure to the people of California.

September 23, 2024 Item 01
San Dieguito River & Lagoon
As City Attorney, supported adoption of the San Dieguito Lagoon Resource Enhancement Program (1979).

In the late 1980s, worked with Del Mar residents opposing the Birtcher/Del Mar 88 project (a proposed 300-room hotel and shopping complex on the former Airfield in the Lagoon), and then successfully opposing the Fair’s acquisition of the property for parking.

Served as the first general counsel for San Dieguito River Valley Regional Open Space Park JPA (created 1989). For 12 years, he worked to support the JPA’s acquisition of property for the Park, including their first, the Birtcher/Del Mar 88 property, and the development of the JPA’s San Dieguito River Park Concept Plan setting the vision and objectives for this now-vibrant River Park stretching from Del Mar to Volcan Mountain. He successfully defended the Plan in court from a CEQA challenge.

As City Councilmember, served as Chair of the JPA Board of Directors and Liaison to the Lagoon Committee.

September 23, 2024 Item 01
San Dieguito
Lagoon –
Volunteer for
restoration work
with San Dieguito
River Valley
Conservancy and
WILDCOAST.

September 23, 2024 Item 01
City Attorney (1977-83)
At age 29, Dwight was hired as
the City Attorney, a post he held
from 1977 to 1983.

Nancy Ewing (author of “Del Mar
Looking Back”) wrote: “Dwight
has really earned himself a place
in the Del Mar Hall of Fame,
and in the heart of all who
worked with him.”
September 23, 2024 Item 01
Author of Prop. A,
A Growth Management Initiative
(City of San Diego, 1985)

LOS ANGELES TIMES
Slow-Growth Proposition Is a Winner in
San Diego
By RALPH FRAMMOLINO
Nov. 6, 1985
SAN DIEGO — In a stunning victory for local
environmentalists, San Diegans on Tuesday passed a
drastic growth-control initiative that would change the nature of city government and limit development in the
city’s northern tier….against a well-orchestrated and
well-heeled campaign bankrolled by more than
$600,000 in development industry money.

At right: L.A. Times, Nov. 8, 1985.

September 23, 2024 Item 01
Author of Three Citizen Initiatives
Approved by Del Mar Voters
Measure B (1988), giving the people the right to vote on large downtown developments, which helped ensure that the Del Mar Plaza and the Hotel were scaled to the vision of the Community Plan.

Measure D, the Beach Preservation Initiative (1988),
which removed private encroachments from the beach and
returned over 66,740 sq. ft. of beach to public use. After its enactment, Dwight successfully defended the BPI from 10 legal challenges as special counsel to the City.

Measure P (2018), amending the city charter to establish maximum local control over land use and zoning.

From an Anti-Measure D Mailer
At right: Standing on an encroaching seawall, just before its removal under the Beach Preservation Initiative: Bud Emerson, Dwight Worden, Marshall Ross, Joe Lang, Councilmember Gay Hugo, Mayor Brooke Eisenberg, and Mark Whitehead.

Also removed: a private patio next to the seawall which was also on the public beach.

September 23, 2024 Item 01
City Council
(2014-2024)
Dwight noted these highlights from his Council service in his resignation statement:
• Del Mar’s Climate Action Plan, for which he served as a participating drafter (adopted 2016) • As Mayor, cutting the ribbon at the grand opening of our new Civic Center in 2018. • Del Mar’s Sea Level Rise Adaptation Plan, for which he served as the principal drafter of the language that set forth why managed retreat is infeasible for private property in Del Mar • Participation in creating the Clean Energy Alliance, which committed Del Mar to cleaner, greener energy: Dwight helped draft the founding documents, and served as chair of its Citizens Advisory Committee.
• Regional work: as chair of the San Dieguito River Park JPA, chair of the SANDAG Shoreline Working Group and SANDAG Sediment Task Force, the City’s representative to the Metro Waste Water Commission, the community relations committee with the Fair Board, the Joint Fire Service, vice-chair of the Regional Solid Waste Authority, and Vice Chair to the League of Cities’ Coastal Cities group.

September 23, 2024 Item 01
There are hundreds of accomplishments, stories and memories for every one mentioned here. For Dwight’s sustained and inspired work on behalf of Del Mar for more than 50 years, our community offers heartfelt thanks.

September 23, 2024 Item 01
And now, Dwight:

It’s time to enjoy playing
music, traveling, spending
time with your family — and
hanging out on the beach
you worked so hard to
protect!
Presented by Betty Wheeler on the occasion of Dwight Worden’s retirement from the City Council (September 23, 2024) September 23, 2024 Item 01
1 Melinda Gould
From: Linda Chisari <[email protected]>
Sent: Monday, September 23, 2024 10:49 AM
To: City Clerk Mail Box
Cc: Frank Chisari; Betty Wheeler
Subject: : Item VII: Appreciation for outgoing Councilmember Dwight Worden Attachments: In appreciation of Dwight Worden.docx
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
We will not likely be able to attend this evening’s Council Meeting and would like our attached note to be read aloud and included in the record.

Thank you.

Linda and Frank Chisari
1010 Crest Road
September 23, 2024 Item 01
In appreciation of Dwight Worden:

Dear Dwight,
I’m so grateful for all you have done for those of us who have depended on you for keeping us accurately and cordially informed about the issues that Del Mar faces.

You have managed to help preserve what is best in Del Mar while, at the same time, recognizing the steps we need to take as we move forward in today’s complex world in an intelligent and responsible way.

Thank you, too, for the role you’ve played as liaison to DMCC. Your understanding and support of DMCC's mission has really contributed to its growing into the caring organization that it is today.

Along with everything else you’ve done, you managed to serve as my interviewer on PageTurners, tried to teach harmony to a group of Singing Seniors, and readily agreed to haul a large musical keyboard to wherever it was needed! I hope your vacation with Betty in Iceland was enjoyable, although I suspect that you spent a lot of time grappling with the decision that you’ve now made. It’s time to focus on taking care of yourself, enjoying the simple joys that activities such as music and bicycling bring to your daily life. May each day be a vibrant ‘color’! With appreciation,
Linda Chisari
Dwight,
Thank you for giving so much of your time, your attention, your expertise, your love, and yourself to the people and the preservation of the specialness of Del Mar.

No one, in the 5 decades I’ve lived in our little City, has done more to protect and improve it than you. I will miss your thoughtful opinions on Council, your informed, well crafted decisions, and the even-tempered way you have engaged in sometimes highly contentious debates on topics of great importance for City and its citizens.

September 23, 2024 Item 01
And I am grateful for the peace of mind that came from knowing that you were always there to do everything you could to make Del Mar the place I wanted to spend the rest of my life.

As a scientist and as a physician, I know that you must now start doing for yourself what you have been doing for your City and your neighbors for the past several decades. I will miss your sage leadership immensely, but I am also immensely grateful for everything you have done.

Let’s go fishing someday!
Frank Chisari
September 23, 2024 Item 01
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Item 6 red dot: Oppose STR ban through attrition that eliminates 90% of Del Mar’s STRs
From: Laura DeMarco <[email protected]>
Sent: Monday, September 23, 2024 9:37 AM
To: David Druker <[email protected]>; Terry Gaasterland <[email protected]>; Tracy Martinez <[email protected]>; Dan Quirk <[email protected]>; Dwight Worden <[email protected]> Cc: Amanda Lee <[email protected]>; Karen Brindley <[email protected]>; Ashley Jones <[email protected]> Subject: Item 6 red dot: Oppose STR ban through attrition that eliminates 90% of Del Mar’s STRs CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Council Members and Staff,
Please revise Del Mar’s proposed STR ordinance to not ban short-term rentals of vacation houses that are not the owner’s primary residence. Otherwise, 90% of Del Mar’s historic STRs will be eliminated over the next 10 years so that only 20-30 are left vs. 490 in 2017. This will cause irreparable harm to Del Mar’s economy, environment, and visitor-serving access to our beaches and village’s struggling shops and restaurants.

This drastic step is not required by the Coastal Commission nor HCD as it is based on the false assumption that $5M-$48M vacation houses in Del Mar offered as STRs will become long-term housing stock. However, most current and future owners are buying these properties as vacation houses to provide beach access for their family and friends, not as long-term housing. A vacation house, by definition, will not be the owner’s primary residence nor that of a long-term renter. This is particularly the case for owners from lower tax states, the majority of Del Mar’s owners on Ocean Front, as they do not want to be subject to California’s higher income, capital gains, and/or inheritance taxes.

Contrary to the representations of the hotel lobby, no “investor” would spend and/or borrow $5M-$48M to buy a beach house in Del Mar to run as a STR "business" because they would lose money. The STR would earn far less than its annual carrying cost of at least $350,000 ($288,000-$2M mortgage expense + $55,000-$480,000 property tax + $10,000 maintenance + 20%-35% property management fee).

Instead of increasing housing stock, Del Mar’s ban on non-owner occupied STRs will increase the number of empty vacation homes which attracts burglars, vagrants, and teenagers looking for an unsupervised party pad to drink or take drugs.

Neighboring Solana Beach has over 2x more STRs (250-350) in the Coastal Zone than Del Mar’s cap of 129 despite Del Mar having more accessible beaches not blocked by bluffs. City of San Diego’s STR cap for Mission Beach, which shares Del Mar’s long history of STRs and vacation home ownership, is 30% of housing stock vs. 1% for Del Mar. Unlike Del Mar’s proposed ordinance, both neighboring coastal cities allow STRs in residential zones with no requirement for them to be owner-occupied.

The Coastal Commission most recently approved Seal Beach’s STR ordinance allowed STRs in all residential zones as well as non-owner occupied STRs. Although Seal Beach has a staff of over 150 employees, city officials September 23, 2024 Item 06
2 stated they did not have the staff needed to enforce banning STRs that were not the primary residence of the owners. How can Del Mar afford to spend its much smaller staff’s time, energy, and budget on enforcing this proposed ban of non-owner occupied STRs? Is this the best use of city resources? How will additional staff members and code enforcement be funded? Why isn’t that cost as well as any fees charged for STR permits disclosed to the public before this vote on the proposed ordinance, to voters before the Nov. 5th election, or to the Coastal Commission? How can the city assume $775,000 in annual TOT collections to pay for needed safety infrastructure like undergrounding when the proposed ordinance would eventually eliminate 90% of them? Seal Beach currently only has 29-39 STRs, well under its cap of 47 STRs representing 1% of 4,700 housing units in the Coastal Zone, despite only having 292 hotel rooms. Why? Because of lack of demand for visitor-serving accommodations. The difference in demand (and increasingly limited competition from Del Mar’s STR ban that eliminated 75% of its STRs over the last 8 years) is reflected in the dramatic difference in hotel prices between Seal Beach and Del Mar.

For example for the 3-night stay from July 3-6, 2025, Seal Beach’s largest hotel charges $179/day vs. $874/day for Del Mar’s largest, Inn L’Auberge, which is already sold out for 12 of 31 days in July 2025, 10 months in advance.

There are not many alternatives left to the expensive Inn L’Auberge because 5 of Del Mar’s 8 hotels and timeshares are already sold out for every weekend in July 2025. As a result, the average cost of the remaining 3 hotels is $700- $1,771/day.

As shown in the attached table, Del Mar’s hotels are most unaffordable for large families who are more cheaply and better accommodated through STRs with an average of 3 bedrooms. The total average cost for the lowest price three hotels rooms available in Del Mar to accommodate a family of 6 for the July 4th 3-day holiday weekend in 2025 is $6,300!
Del Mar’s economy and its tax base is dependent on tourism and visitor-serving accommodations from Del Mar’s STRs which historically provided capacity for over 3,800 vs. 800 in its 6 boutique hotels and 2 small timeshares.

The average hotel room’s capacity is 2 people vs. 8 for STRs with an average of 3 bedrooms which is more family friendly and affordable as they typically cost 50-30% less per bedroom.

Today only 115 STRs of 490 STRs in 2017 remain so Del Mar lost 375 STRs which could accommodate 3,000 vacationers as their average capacity is 8 people. However, 90% (100 of 115 STRs) are non-owner occupied STRs which will be eventually eliminated with ownership change because the city’s proposed ordinance bans them so another 800 STR vacationers will be lost when the elderly owners or their heirs sell the property.

As a result, Del Mar will lose 3,800 daily STR visitors who previously spent millions in our shops and restaurants.

What’s the economic impact of losing 3,000 STR customers who spend an average of $100 per day? $300,000 in lost daily sales; $2.1M in weekly sales; and $109.2M in annual sales.

Del Mar also loses 950-1900 onsite beach accessible parking spaces from 475 STRs which each provide 2-4 spaces so 3,800 displaced STR tenants must now find increasingly scarce public parking. As documented in previously shared photos, lack of parking in the beach area forces these beachgoers to park in the Plaza parking structure and narrow residential side streets off Camino Del Mar creating safety hazards as bottlenecks are created blocking 2-way traffic. That’s dangerous for large fire engines and fleeing evacuees in this high wildfire hazard zone. Even more significantly for Del Mar’s village businesses, these beachgoers take needed parking for their employees and customers. After a day at the beach, these hot, sweaty and tired beachgoers do not typically shop at boutiques or frequent fine dining restaurants.

Since the 3,800 displaced STR vacationers cannot use their STR’s 2 bathrooms and many trashcans, they will put even more demand on Del Mar’s already limited, crowded and dirty public restrooms; add to overflowing trash cans on the beach; and increase litter on our beaches and nearby parking areas.

September 23, 2024 Item 06
3 In summary, please remove the proposed ordinance’s prohibition against non-owner occupied STRs that has very negative long-term impacts to Del Mar’s environment, tax base, and visitor-serving access to our beautiful beaches and charming village.

Thanks for your consideration,
Laura
September 23, 2024 Item 06
1 Melinda Gould
From: Nancy Stoke <[email protected]>
Sent: Monday, September 23, 2024 12:27 PM
To: City Clerk Mail Box
Subject: STR Agenda item 9/23/24
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Honorable Mayor and Council Members,
Please revise Del Mar’s proposed STR ordinance to not ban short-term rentals of vacation houses that are not the owner’s primary residence.

Respectfully Submitted,
Nancy Stoke
September 23, 2024 Item 06
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: No on The Second Reading of STVR Ordinance From: Kimberly Jackson <[email protected]>
Sent: Sunday, September 22, 2024 8:20 AM
To: David Druker <[email protected]>; Terry Gaasterland <[email protected]>; Dan Quirk <[email protected]>; Tracy Martinez <[email protected]>; Dwight Worden <[email protected]>; City Manager Mail Box <[email protected]>
Subject: No on The Second Reading of STVR Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Honorable Mayor and Councilmembers,
Please vote NO on the 2nd reading of the STVR Ordinance. There is still much wrong with this ordinance.
#1. Home owners should not have to live in their home half the year to acquire a new STVR permit. This is not how a traditional vacation rental operates, these are second homes. People do not deem their vacation rentals primary residences. This is basically a ban, no new vacation rentals will fill the place of units that stop operating. #2. The North Beach needs all of the existing units that are left in the south and on the hill. This is where beach access is best, we should be allocating more stock to the North Beach areas.
#3. All of the home inspection language should be removed.

Thanks for your consideration,
Kimberly Jackson

FOUNDER
Vacation Rental Management
(503) 957-9354
[email protected]
www.vacationrentalsbykimberly.com
September 23, 2024 Item 06
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: No on The Second Reading of STVR Ordinance From: Brenda Sampiere <[email protected]>
Sent: Sunday, September 22, 2024 4:31 PM
To: Brenda Sampiere <[email protected]>
Cc: David Druker <[email protected]>; Terry Gaasterland <[email protected]>; Dan Quirk <[email protected]>; Tracy Martinez <[email protected]>; Dwight Worden <[email protected]>; City Manager Mail Box <[email protected]>
Subject: No on The Second Reading of STVR Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Honorable Mayor and Council members,
Please vote NO on the 2nd reading of the STVR Ordinance.

Home owners should not have to live in their home half the year to acquire a new STVR permit. This is not how vacation rentals operate. They are second homes. This is basically a ban, no new vacation rentals will fill the place of units.

I challenged you all in the last meeting to find a handful of people who were willing to vacation rent their primary residence for more than a few weeks a year. I’d love to hear what you found out.

TOT will plummet and local businesses will suffer, and the visitors will go to Solana Beach, Encinitas or La Jolla to stay and just drive and park to use the beautiful Del Mar beaches.

Thanks for your consideration,
Brenda Sampiere
858-414-1724
On Sep 22, 2024, at 8:19 AM, Kimberly Jackson <[email protected]> wrote:

September 23, 2024 Item 06
2 Honorable Mayor and Councilmembers,
Please vote NO on the 2nd reading of the STVR Ordinance. There is still much wrong with this ordinance.
#1. Home owners should not have to live in their home half the year to acquire a new STVR permit. This is not how a traditional vacation rental operates, these are second homes. People do not deem their vacation rentals primary residences. This is basically a ban, no new vacation rentals will fill the place of units that stop operating.
#2. The North Beach needs all of the existing units that are left in the south and on the hill. This is where beach access is best, we should be allocating more stock to the North Beach areas.
#3. All of the home inspection language should be removed.

Thanks for your consideration,
Kimberly Jackson

FOUNDER
Vacation Rental Management
(503) 957-9354
[email protected]
www.vacationrentalsbykimberly.com
September 23, 2024 Item 06
1 Melinda Gould
From: janice batter <[email protected]>
Sent: Friday, September 20, 2024 2:13 PM
To: City Clerk Mail Box
Cc: Terry TG. Gaasterland; Tracy Martinez; Dan Quirk; David Druker Subject: RED DOT LETTER Item 10, City Council Agenda
Follow Up Flag: Follow up
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Dear Council Members,
Please do not let Item 10 be heard or discussed at Monday’s Council meeting. The Subject Title does not make any mention of the R-2 lots that will have their property rights reduced and greatly modified to their detriment. This is not full disclosure and could result in lawsuits against the City of Del Mar.

Item 10 has to be tabled or removed from the agenda.

Thank you, Janice and Michael Batter
September 23, 2024 Item 10
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Red Dot Letter. Item 10
From: PAMELA SLATER-PRICE <[email protected]>
Date: September 21, 2024 at 4:21:13 PM PDT
To: Sarah Krietor <[email protected]>
Subject: Red Dot Letter. Item 10
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Sarah, please disregard my first Red Dot letter. Here is my replacement. Thank you.

Dear City Council:

Item 10 is not properly noticed and must be continued
to allow for proper noticing and full discussion. It
represents a significant taking of up to 50% of property value to owners of the R-2 zoned properties
who have not yet exercised their option
to condominiumize.

The most egregious of these may be the overlong
but factually empty title. The title references a few
relatively minor changes while completely ignoring
the most damaging and injurious section.

For those who want to read the report, it begins on p. 8 and continues to p. 10. Here is the introduction to this section:
“The most significant change is that the conversion of
two rental units to condo ownership units will have to
provide one unit on site that is income-restricted for a low-income household for 55 years with no option to
pay an in-lieu fee. The owner would be able to use
an on-site Accessory Dwelling Unit (ADU) (existing or
proposed) to meet that requirement. A new ADU
September 23, 2024 Item 10
2 would be processed through the City's typical
administrative ADU permit approval process.

Consistent with the State limitations on rent for
income-restricted units, owners would be required to
rent low-income units to a household that earns no
more than eighty percent (80%) of the area median
income (AMI) with rent restricted to a maximum of
thirty percent (30%) of the gross income for a lowincome household based on current AMI.” There are probably well over 100 affected R2
property owners who will be egregiously
harmed by this section. This represents
a significant taking.The mention of R2
properties is not an included category in
the pertinent Housing Element section.

The city will be subjecting itself to yet
another lawsuit should it decide to
proceed without properly noticing the
affected property owners.

Please remove this item from the agenda and renotice with an emphasis on the changes to the R2 development requirements.

Pamela Slater Price
Del Mar resident
September 23, 2024 Item 10

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