Agenda, regular meeting, first session — Del Mar City Council, April 21, 2025 (part 2 of 3)

location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s).

D. A JrADU shall be constructed entirely within the walls of an existing or proposed primary single dwelling unit and shall include the following:

1. A separate exterior entry to the primary dwelling unit that is separate from the main entrance;

2. A cooking facility with appliances, and a food preparation counter and storage cabinets that are reasonable to the size of the unit; and

3. Access to a bathroom within the JrADU or the primary dwelling unit.

4. Although JrADUs are required to be within the walls of the primary dwelling unit, they are not required to have an interior connection to the primary dwelling unit.

E. Post January 2025, the property owner shall reside on the property in either the primary dwelling unit or in the JrADU, unless the property is owned by a governmental agency, land trust or non-profit housing organization. The requirement for the property owner to reside in either the primary dwelling unit or in the JrADU shall also apply to properties developed with an ADU and JrADU.

F. The JrADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit, nor shall authorization be granted for a condominium conversion of a JrADU. If rented, the term for rental shall be for a term longer than 30 consecutive days.

G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required offstreet parking for the primary dwelling unit shall be maintained or replaced onsite.

H. A JrADU shall not be considered a separate or new dwelling unit for the purpose of any fire or life safety regulation. Fire or life safety requirements that apply to a single dwelling unit may be applied to the structure as a whole inclusive of the JrADU. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required for the JrADU.

I. An automatic residential fire sprinkler system shall not be required for a JrADU if the existing primary dwelling unit does not contain such a system. 57 April 21, 2025 Item 09
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J. A primary dwelling unit with the appropriate meter size shall not be subject to new water and sewer connection fees for conversion of existing floor space to a JrADU.

K. There are no private, primary scenic view protections from a JrADU.

L. The owner of a JrADU is requested to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the JrADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.

M. If a proposed JrADU is subject to approval of an Administrative Coastal Development, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.X.

30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:

1. One ADU within the walls of the existing primary dwelling unit; or

2. One ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level at a maximum height not to exceed 16 feet above grade; or

3. One detached ADU per primary dwelling unit at a maximum height not to exceed 16 feet above grade.

4. The two ADUs shall not be attached to each other.

B. On a lot where multiple dwelling units are located within an existing structure that contains three or more dwelling units or within multiple structures that contain three or more dwelling units, the property owner shall be permitted to convert existing spaces within each multiple dwelling unit structure to ADUs as follows:

1. The maximum number of ADUs permitted in accordance with Section

30.91.060(B) shall not exceed 25 percent of the total number of existing dwelling units on the lot.
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2. The existing space to be converted to an ADU shall not be located within, or solely owned or controlled by, an individual dwelling unit on the multiple dwelling unit lot.

3. Conversion of the space shall comply with the California Building Code Standards for a dwelling unit; unless inconsistent with State law.

4. Conversion of the space would not be in conflict with the existing permits applicable to the property by removing required access, open space, or recreation amenities.

C. Up to two detached ADUs are permitted on a lot with existing multiple dwelling units in addition to the ADUs allowed within the existing multiple dwelling unit structure per Section 30.91.060(B) subject to the following:

1. The City shall accommodate proposed ADUs meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate ADUs at least 150 square feet in size that meet the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).

2. The maximum height of a detached ADU shall be 16 feet above grade.

3. A detached ADU shall comply with the required street fronting setbacks of the applicable zone, but otherwise may be located within 4 feet of the side or rear property lines, except that in all cases, including conversion of nonhabitable, legal, non-conforming structures noted in Section

30.91.040(M)(1), the ADU shall comply with the following additional setback requirements.
a. The required coastal bluff setback in the Coastal Bluff Overlay Zone.
b. The required Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required setback in the Bluff, Slope, and Canyon Overlay Zone.
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d. Any setbacks required to protect wetlands, wetland habitat, coastal access, steep slopes, and environmentally sensitive habitat area buffers.
e. Per the City’s LCP, the interior side and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views to the ocean.

D. All ADUs developed in accordance with Section 30.91.060 shall also comply with the standards in Section 30.91.040, unless explicitly stated otherwise. Where designed accordingly, proposed ADUs on lots with multiple dwelling units shall be issued a permit in accordance with Section 30.91.030.

30.91.070 Incentive Program
A. In order to encourage the use of ADUs to provide housing for lower income households, as defined by the California Department of Housing and Community Development, the City has an incentive program available. Incentives shall be granted to property owners who commit to record a deed restriction, covenant, and/or similar instrument that limits the use and occupancy of the ADU based on restricted income limits and applicable rental rates for a low-income household as established annually by the State of California.

B. The incentives may include fee waivers or refunds and other incentives adopted by Ordinance in addition to the following planning and zoning incentives:

1. On lots with single dwelling unit or duplex development (attached or unattached), one bonus unit of a maximum 500 square feet in size JrADU shall be awarded as a means to help the property owner offset the investment needed to create the rent restricted ADU. The bonus unit must comply with the provisions set forth in Section 30.91.050. Notwithstanding Section 30.91.050(A), a bonus unit may be developed as a JrADU in multiple dwelling unit zones for the purposes of the Incentive Program. In addition, a 500 square foot FAR bonus shall be awarded.

2. On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, shall be awarded bonus units (ADUs and/or JrADUs) at a percentage that is proportional to help offset the cost associated with creation of rent restricted units.
a. Owners shall identify and designate by deed restriction, covenant, and/or similar instrument each new deed restricted low-income unit to be created on-site, which may include a combination of any 60 April 21, 2025 Item 09
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existing dwelling units and/or any new units developed per the Incentive Program.
b. Development of the bonus units must comply with the objective standards in Sections 30.91.060 and 30.91.050 except as follows:
(i) New bonus units shall be located either within the walls of existing structures on-site within converted or re-purposed space and/or consolidated and co-located within a maximum of one new structure developed in compliance with
protections of the certified LCP for public scenic views, environmentally sensitive habitat areas, steep slopes, and minimum setbacks, maximum height, and parking standards of the applicable base zone and overlay zones. Bonus unit development shall be exempt from the Floor Area Ratio (FAR) and lot coverage limits of the zone.
(ii) Notwithstanding Section 30.91.050(A), bonus units may be developed as a JrADU in multi dwelling unit zones for the purposes of the Incentive Program.
(iii) Properties with existing non-conforming density shall be eligible for the Incentive Program if the property has an onsite property manager. (iv) A maximum of 15 bonus units shall be awarded per project.

3. All applications for participation in the City’s Incentive Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.

30.91.080 Amnesty Program
To encourage owners with existing, unpermitted ADUs as of April 15, 2021, to obtain permits and formally legalize their units, the City has established a program whereby all applications for participation in the City’s ADU Amnesty Program shall be subject to approval of an Administrative Coastal Development Permit processed in accordance with Section 30.91.030.

30.91.090 Severability
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect. 61 April 21, 2025 Item 09
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SECTION SEVEN:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
 Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and  Statutory exemption per CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and this section shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code for the activities necessary for the preparation and adoption of an LCP amendment in compliance with the Coastal Act. The proposed actions include corollary amendments to the City’s Zoning Code, which is part of the certified City of Del Mar LCP as certified under Section 21080.5 of the Public Resources Code; and
 Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory Exemptions and Categorical Exemptions identified above, the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing 62 April 21, 2025 Item 09
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development. Refer to the Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.

SECTION EIGHT:

This Ordinance was introduced by the City Council on December 4, 2023.

SECTION NINE:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION TEN:

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

SECTION ELEVEN:

Within 30 days of City Council adoption, the Ordinance will be submitted to the California Department of Housing and Community Development for review in accordance with State Housing law.

SECTION TWELVE:

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 18th day of December, 2023. ________________________________
Tracy Martinez, Mayor
City of Del Mar
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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. 1002, 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 18th day of December, 2023, by the following vote:

AYES: Mayor Martinez, Deputy Mayor Quirk, Councilmembers Druker, Gaasterland, and Worden
NOES: None
ABSENT: None
ABSTAIN: None
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
64 April 21, 2025 Item 09

ATTACHMENT C
CCC Modification in Strikeout – Underline Format for Amending Ordinance SECTION ONE: That DMMC Section 30.75.080 for the Coastal Development Permit Regulations in the certified Local Coastal Program shall be amended per CCC Modification #1 to read as follows:

30.75.080 Coastal Development Permits Issued by the City—Issuing Authority, Public Hearing Required.
[A. through D. No change in text]
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:
[1. through 2. No change in text]

3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.D.5. 30.91.030.E that is not otherwise exempt from a Coastal Development Permit.
[E.4. through F. No change in text]
SECTION TWO: That DMMC Section 30.91.010 for the ADU Regulations (Purpose) shall be amended per CCC Modification #2 to read as follows:

30.91.010 Purpose
The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22 Section 66310 (et seq) as amended, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.

SECTION THREE: That DMMC Section 30.91.020 (Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted) shall be amended per CCC Modification #3 to read as follows:

30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted
[A. through B. No change in text]
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(C) Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones, except the Beach Commercial and Visitor Commercial Zones, if the tiny home is deed restricted affordable for a lower income household for a term of at least 30 years. [D. No change in text]
SECTION FOUR: That DMMC Section 30.91.030 (Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units) shall be amended per CCC modifications #4 and #5 to read as follows:

30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units
[A.through D. No change in text]
E. The California Coastal Act Approval of an ADU requires issuance of an Administrative Coastal Development permit implemented in accordance with DMMC Chapter 30.75, to harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:

1. California Government Code section 65852.2(l) 65852.21 provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.

2. The following A proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following is:
a. An ADU or JrADU created Created through conversion of entirely existing legally established habitable space contained in an existing primary structure that will not involve removal or replacement of major structural components (e.g., roofs, exterior walls, or foundations); and or
b. Directly attached to an existing single-family residence, if the ADU otherwise qualifies as exempt development pursuant to Section 13250 of the Coastal Commission’s regulations.
b. Consistent with other residential development in the City, the ADU or JrADU is not located in any of the following Overlay Zones:

Floodplain, Beach, Lagoon, Coastal Bluff, or Bluff, Slope, and Canyon; and
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c. Consistent with other residential development in the City, that the ADU or JrADU application is not in a location subject to the permit appeal authority of the Coastal Commission as defined by DMMC Section 30.75.030.
[3. No change in text]

4. Where an Administrative Coastal Development Permit is required by Section 30.91.030(E)(3), it shall be processed in accordance with the following procedures:
a. Consistent with the public participation provisions found in the California Coastal Act and the City’s certified LCP, a Notice of Application informing the public of the filing of an application for an Administrative Coastal Development Permit for an ADU shall be posted at the project site on a notice card provided by staff of the City of the City of Del Mar Department of Planning and Community Development. The notice of application shall advise interested persons that plans are available for public review at Del Mar City Hall. The notice, however, will stipulate that the application is required to be administratively approved by the Department of Planning and Community Development and that no public hearings will be held permitted.
[b. No change in text]
c. A Notice of Administrative Coastal Development Approval stating that the Coastal Development Permit has been approved shall be posted at City Hall and on the City’s website, and shall be mailed within five working days of the final action as follows:
i. [No change in text]
ii. Notice shall be sent via U.S. Postal Service to the Executive Director transmitted by any acceptable delivery means
pursuant to state law to the San Diego Coast District office of the California Coastal Commission.
iii. [No change in text]
d. Once Within five (5) working days of a final decision of approval or denial is issued by the Planning and Community Development Director, the notice of final action shall be provided within five (5) working days to the Executive Director transmitted by any acceptable delivery means pursuant to state law to the San Diego 67 April 21, 2025 Item 09
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Coast District office of the Coastal Commission and provided to any interested parties who requested notice in writing in accordance with Section 30.75.100.
e. If the ADU qualifies as appealable development pursuant to Chapter

30.75, the Planning and Community Development Director’s decision to approve a Coastal Development Permit may be appealed to the San Diego District office of the Coastal Commission within ten (10) working days in accordance with Section

30.75.110(A) and (B).
[F. through H. No change in text]
I. Prior to issuance of a building permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land, and shall include notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State law.

J. [No change in text]
SECTION FIVE: That DMMC Section 30.91.040 (Accessory Dwelling Unit Development Regulations) shall be amended per CCC Modifications #6 through #20 to read as follows:

30.91.040 Accessory Dwelling Unit Development Regulations [A. through C. No change in text]
D. The ADU shall be designed and operated in compliance with the regulations of the zone, except as otherwise specified in this Chapter, as a residential use dwelling unit that is subordinate to the primary dwelling unit on the property. One primary residential unit shall be designated on a lot which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted.

1. The ADU shall be designed to comply with the Government Code Section 65852.2(j) 66314, as amended, definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning: Bathroom consisting of a toilet, sink, a bathtub or shower; and a kitchen. The kitchen includes a cooking appliance (not a hotplate), refrigeration, and other appliances, food storage cabinets, and a countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.
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[2. through 4. No change in text]

5. In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land, including notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State law.

E. The ADU may be rented but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non-profit corporation per Government Code section 65852.26 66341, as amended, may sell a deed restricted ADU to an eligible low-income owner.

F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code section 65852.2(e)(4) 66315, as amended.

G. In accordance with California Government Code Section 65852.2(c)(2)(C) 66321(b)(3), as amended, the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone.

Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU. For the purpose of this section:
[1. through 6. No change in text]

7. In order to comply with the mandates of the California Coastal Act and the provisions of the certified LCP, the City is required to protect coastal access and coastal resources, which may require modification of the proposed ADU location and size to demonstrate conformity. The City shall approve accommodate a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the project would result in impacts to coastal resources or public access protected by the LCP, in which California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate a proposed ADU at least 150 square feet in size that meets 69 April 21, 2025 Item 09
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the definition of an efficiency unit as defined per by California Government Code Section 65852.2(c)(2)(A) 66313, as amended.
[8. No change in text]
[H. through J. No change in text]
K. The following identifies the maximum building height for construction of an ADU:
[1. through 2. No change in text]

3. Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if sufficient buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet.
b. Attached ADUs may be proposed at a second story level only if there is not sufficient buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at a second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.
[4. through L. No change in text]
M. Where an accessory dwelling unit is attached to a nonconforming residential structure that is nonconforming with regard to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, and where development of the accessory dwelling unit will result in redevelopment of the nonconforming structure, the City shall require the correction of these nonconforming conditions in the redeveloped structure consistent with the standards for approval of a new ADU in accordance with Section 30.91.040.

For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of the accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or 70 April 21, 2025 Item 09
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portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or as 50 percent increase in gross floor area.

N. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:

1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the non-conforming setback, where ethe structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040 (M)(3) (N)(3). [2. through 4. No change in text]

5. In all cases, including the conversion of non-habitable, legal conforming structures noted in Section 30.91.040(M)(1) (N)(1), the ADU shall comply with coastal resource protections that require the following additional setback requirements:
a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone as required by DMMC Chapter 30.55.
[b. through e. No change in text]
O. The parking requirements for ADUs are provided in Section 30.91.040(N) and (O)(O) and (P). In order to ensure the continuation of public access to coastal resources, where Where an existing garage, carport, or covered parking, is demolished or converted to an ADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site only if the loss of the off-street parking supply has a significant effect on public access to the shoreline.

1. [No change]

2. The location of replacement parking shall be consistent with all wetland habitat buffers, environmentally sensitive habitat buffers, steep slope and geologic stability setbacks, and public scenic view protection regulations contained in the certified LCP.

3. [No change]

4. No off-street parking requirements apply to any ADUs proposed within onehalf mile of a major transit stop regardless of whether the ADU would be located within the Commission’s appellate jurisdiction
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P. The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:

1. To avoid significant impacts to public access within the Coastal Commission Appeals Jurisdiction (where public parking has been determined by the Coastal Commission to be scarce), the The ADU shall provide one off-street parking space (covered or uncovered), except as follows:
[No change to subsections a. through c.]
d. The ADU would be located on a property within one-half mile walking distance of public transit, including a bus stop, train station, or paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction where the on-street parking supply has a significant effect on public access to the shoreline, as additional parking is still required on those lots to maintain coastal access.
[e. through f. No change in text]
[2. No change in text]
Q. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not be eligible for ministerial approval if it includes improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects. [R. through S. No change in text]
T. For consistency with the certified LCP Coastal Act, scenic views shall be protected as follows:

1. Projects shall be designed to ensure that no scenic views from public vantage points streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.
[2. through 3. No change in text]
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U. Any additional accessory mechanical equipment or exterior building features that are not otherwise required by Section 30.91.040, or for a dwelling unit per the California Building Code, shall be subject to Design Review in accordance with Chapter 23.08.

V. ADUs shall not be located or approved where the ADU or JrADU is located on: a beach, a wetland or its buffer, seaward of the mean high tideline, in an environmentally sensitive habitat area or its buffer, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program.

W. The owner of an ADU is requested to provide information to the City annually upon request for reporting to the State as to whether during the prior 12 months the ADU was rented to a tenant qualifying as low income, rented to a tenant qualifying as moderate income, occupied but not rented, or unoccupied.

X. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), ADU development shall not create significant alterations to landforms, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects. The following objective standards apply to proposed ADU development for protection of the public health and safety through the regulation of excavation and grading and protection of steep slopes and coastal resources consistent with the certified Local Coastal Program:
[No change to subsections (1) through (5)]
Y. If a proposed ADU is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the following shall apply as a requirement for the administrative Coastal Development Permit:

1. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards, including with consideration of sea level rise.

2. Proposed development shall comply with the certified Local Coastal Program.

SECTION SIX: That DMMC Section 30.91.050 (Junior Accessory Dwelling Unit Development Regulations) shall be amended per CCC Modifications #21 through #24 to read as follows:

30.91.050 Junior Accessory Dwelling Unit Development Regulations 73 April 21, 2025 Item 09
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Page 10 of 11 ends

[A. No change in text]
B. A JrADU that is designed to meet all of the requirements in Section 30.91.050 shall be issued a permit in accordance with Section 30.91.030. The City is preempted by State Law from requiring a any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section 30.91.030(C)(5).
[C. through F. No change in text]
G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.

G. Where a junior accessory dwelling unit is created within a nonconforming residential structure that is nonconforming with regard to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, and where development of the junior accessory dwelling unit will result in redevelopment of the nonconforming structure, the City shall require the correction of these nonconforming conditions in the redeveloped structure consistent with the standards for approval of a new JrADU in accordance with Section 30.91.050.

For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit or junior accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.
[H. through L. No change in text]
M. If a proposed JrADU is subject to approval of an Administrative Coastal Development Permit, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.XY.

SECTION SEVEN: That DMMC Section 30.91.060 (Regulations for ADUs on Lots with Multiple Dwelling Units) shall be amended per CCC Modifications #25 through #27 to read as follows:

30.91.060 Regulations for ADUs on Lots with Multiple Dwelling Units 74 April 21, 2025 Item 09
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A. In a zone that allows two primary dwelling units per lot, a lot with two existing dwelling units is allowed up to two ADUs in accordance with the regulations in Section 30.91.040 and the following:
[1. through 4. No change in text]

5. For consistency with local conditions and the certified LCP, ADUs shall be proposed at the first story level. An ADU may be proposed at a second story level only if there is not sufficient buildable area available on the lot; and if necessary to accommodate an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum possible square footage shall be placed at the first story level. [B. No change in text]
C. Up to two detached ADUs are permitted on a lot with existing multiple dwelling units in addition to the ADUs allowed within the existing multiple dwelling unit structure per Section 30.91.060(B) subject to the following:

30.91.040(M)(N)(1), the ADU shall comply with the following additional setback requirements.
a. The required coastal bluff setback in the Coastal Bluff Overlay Zone as required by Chapter 30.55.
[b. through e. No change in text]
75 April 21, 2025 Item 09
STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION

SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
April 15, 2025
Ms. Amanda Lee
Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
Re: Certification of City of Del Mar LCP Amendment No. LCP-6-DMR-23-0001-2 (ADU Update)
Dear Ms. Lee,
On March 13, 2025, the California Coastal Commission approved the above referenced amendment to the City of Del Mar Local Coastal Program (LCP). The amendment involves changes to the Implementation Plan (IP) to harmonize recent changes to State Accessory Dwelling Unit (ADU) laws in Government Code Sections 65852.2 and 65852.22 with the City’s certified Local Coastal Program (LCP).

Specifically, the City sought to modify Sections 30.04.190, 30.19.030, 30.19.040,

30.21.030, and 30.21.040, and repeal and replace Chapter 30.91 (Accessory Dwelling Units). The new Chapter 30.91 provides for updated review and permit processing of ADUs/Junior Accessory Dwelling Units (JrADUs), as well as development regulations for the construction of ADUs and JrADUs on single-family and multi-family lots. An incentive bonus and amnesty program were also included to further encourage housing opportunities.

After the City’s submittal of the IP amendment, Commission staff identified several inconsistencies between the City’s requested amendment and the existing standards of the certified LUP; accordingly, several suggested modifications were made by staff. Many of the suggested modifications were revisions to clarify the City’s intent, correct references, and clarify Coastal Act requirements. With regard to coastal hazards, suggested modifications to the amendment require that sea level rise be considered during the design of an ADU or JrADU. While the proposed amendment includes a provision that the owner must record a deed restriction that acknowledges the applicable use limitations of the property prior to issuance of a building permit for an ADU or JrADU, an additional suggested modification requires that the owner also notice all occupants of any overlay zones in which the property is located.

Suggested modifications have been added to require that where an ADU triggers redevelopment of a primary residence that is nonconforming with regards to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, the correction of the nonconforming condition is required. Another suggested modification replaces the City’s proposed language regarding when an ADU or JrADU may be considered exempt from an administrative CDP with new language that clarifies the only scenario where an ADU or JrADU could be found exempt is Attachment D
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when it is contained in the existing primary structure and does not include either increases in habitable area or conversion of non-habitable space. Other suggested modifications remove inaccurate language regarding a potential loss of public access in the City’s appeal jurisdiction due to potential loss of off-street parking; restrict the development of tiny homes in the Beach Commercial and Visitor Commercial Zones to preserve priority visitor-serving uses; and allow for an attached ADU on a second story level on duplex lots where there is not sufficient buildable area on the first floor, or if necessary to accommodate an alternative that minimizes impacts to the greatest extent in compliance with the LCP.

Additionally, during the Commission hearing for this amendment, several changes were made on the mic to be incorporated into the amendment. The change to Suggested Modification #14 included clarifying language that replacement off-street parking for the primary dwelling unit is only needed where the loss of the off-street parking (due to the construction of an ADU) is found to have a significant effect on public access to the shoreline. An additional provision was added to the same section of the amendment to specify that no off-street parking requirements apply to any ADUs within one-half mile of a major transit stop even where the ADU is located in the Commission’s appellate jurisdiction. The change to Suggested Modification #15 included adding a phrase that makes it clear that on-street parking within the Coastal Commission Appeals Jurisdiction has a significant effect on public access to the shoreline, and therefore an ADU in the appeals jurisdiction will be required to provide one parking space even when located within one-half mile walking distance of a public transit stop (where it would otherwise be exempt). These changes, as well as those identified in staff’s March 12, 2025 addendum, have been incorporated into the final report and are listed in the attached list of final Suggested Modifications.

The Commission approved the LCP amendment with the above suggested modifications; however, before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are considering any change from what is presented in the attached suggested modification, you should contact this office immediately.

The Commission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Del Mar to take the necessary steps 77 April 21, 2025 Item 09
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within six months. If you believe that the City of Del Mar will need additional time, you may request up to a one-year time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

Sincerely,
Stephanie Leach
Coastal Planner
78 April 21, 2025 Item 09
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Approved Suggested Modifications
Suggested Modifications

1. Revise Section 30.75.120(E)(3) as follows:

An application for an Accessory Dwelling Unit in accordance with Subsection

30.91.030.E D.5. that is not otherwise exempt from a Coastal Development Permit.

2. Revise Section 30.91.010 as follows:

The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 66310 (et seq), as amendeds 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.

3. Revise Section 30.91.020(C) as follows:

Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones, except the Beach Commercial and Visitor Commercial Zones, if the tiny home is deed restricted affordable for a lower income household for a term of at least 30 years.

4. Revise Section 30.91.030(E) as follows:

Approval of an ADUThe California Coastal Act requires issuance of an Administrative Coastal Development Permit implemented in accordance with DMMC Chapter 30.75, to harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:

1. California Government Code section 65852.21 (l) provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.
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2. A The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it is meets all of the following:
a. An ADU or JrADU cCreated through conversion of entirely existing legally established habitable space contained in an existing primary structure that will not involve removal or replacement of major structural components (e.g. roofs, exterior walls, or foundations); and or
b. Directly attached to an existing single-family residence, if the ADU otherwise qualifies as exempt development
pursuant to Section 13250 of the Coastal Commission’s
regulations.
b. Consistent with other residential development in the City, the ADU or JrADU is not located in any of the following Overlay Zones: Floodplain, Beach, Lagoon, Coastal Bluff, or Bluff, Slope, and Canyon; and
c. Consistent with other residential development in the City, that the ADU or JrADU application is not in a location
subject to the permit appeal authority of the Coastal
Commission as defined by DMMC Section 30.75.030.

3. [No change]

The notice of application shall advise interested persons that plans are available for public review at Del Mar City Hall. The notice, however, will stipulate that the application is required to be administratively approved by the
Department of Planning and Community Development and
that no public hearings will be held permitted.
b. [No change]
80 April 21, 2025 Item 09
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c. A Notice of Administrative Coastal Development
Approval stating that the Coastal Development Permit
has been approved shall be posted at City Hall and on
the City’s website, and shall be mailed within five
working days of the final action as follows:
i. [No change]
ii. Notice shall be transmitted by any acceptable
delivery means pursuant to state law to the San
Diego Coast District office sent via U.S. Postal
Service to the Executive Director of the
California Coastal Commission.
iii. [No change]
d. Within five (5) working days of Once a final decision of approval or denial is issued by the Planning and
Community Development Director, the notice of final
action shall be transmitted by any acceptable delivery
means pursuant to state law to the San Diego Coast
District office provided within five (5) working days to the Executive Director of the Coastal Commission and
provided to any interested parties who requested notice in writing in accordance with Section 30.75.100.
e. If the ADU qualifies as appealable development
pursuant to Chapter 30.75, the Planning and
Community Development Director’s decision to approve
a Coastal Development Permit may be appealed to the
San Diego Coast District office of the Coastal
Commission within ten (10) working days in accordance
with Section 30.75.110(A) and (B).

5. Revise Section 30.91.030(I) as follows:

Prior to issuance of a building permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land, and shall include notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.

6. Revise Section 30.91.040(D)(1) as follows:
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The ADU shall be designed to comply with the Government Code Section 66314, as amended, 65852.2(j) definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning: Bathroom consisting of a toilet, sink, a bathtub or shower; and a kitchen. The kitchen includes a cooking appliance (not a hotplate), refrigeration, and other appliances, food storage cabinets, and a countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.

7. Revise Section 30.91.040(D)(5) as follows:

In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land, including notification to all occupants of any overlay zones in which the property is located. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.

8. Revise Section 30.91.040(E) as follows:

The ADU may be rented but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non-profit corporation per Government Code section 66341 65852.26, as amended, may sell a deed restricted ADU to an eligible low-income owner.

9. Revise Section 30.91.040(F) as follows:

If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code section 66315, as amended 65852.2(e)(4).

10. Revise Section 30.91.040(G) as follows:

In accordance with California Government Code Section 66321(b)(3), as amended, 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage 82 April 21, 2025 Item 09
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Approved Suggested Modifications
accordingly so as to preserve the ability to build at least an 800 square foot ADU. For the purpose of this section:
[No change to Subsections 1 – 6]

8. [No change]

11. Revise Section 30.91.040(K)(3) as follows:

Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if sufficient buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet. b. Attached ADUs may be proposed at a second story level only if there is not sufficient buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.
83 April 21, 2025 Item 09
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12. Add a new Section 30.91.040(M) as follows, with renumbering of the subsequent items that follow:

M. Where an accessory dwelling unit is attached to a nonconforming residential structure that is nonconforming with regard to geologic setbacks, public view encroachment, coastal access, or wetland and habitat preserve buffers, and where development of the accessory dwelling unit will result in redevelopment of the nonconforming structure, the City shall require the correction of these nonconforming conditions in the redeveloped structure consistent with the standards for approval of a new ADU in accordance with Section 30.91.040.

For purposes of this section, redevelopment shall mean alterations to the residential structure resulting from construction of an accessory dwelling unit that consist of (1) additions to an existing structure, or (2) exterior or interior renovations, or (3) demolition or replacement of an existing principal structure, or portions thereof, any of which results in replacement (including demolition, renovation or alteration) of 50 percent or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50 percent increase in gross floor area.

13. Revise new Section 30.91.040(N) as follows:

M. N. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:

1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the non-conforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040(M N)(3).
[No changes to subsection (2) through (4)]

5. In all cases, including the conversion of non-habitable, legal conforming structures noted in Section 30.91.040(MN)(1), the ADU shall comply with Coastal resource protections that require the following additional setback requirements:
a. The required minimum coastal bluff setback in the Coastal Bluff Overlay Zone as required by DMMC Chapter 30.55.
[No changes to subsections (b) through (e)]

14. Revise new Section 30.91.040(O) as follows:
84 April 21, 2025 Item 09
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N. O. The parking requirements for ADUs are provided in Section 30.91.040(NO) and (OP). In order to ensure the continuation of public access to coastal resources, wWhere an existing garage, carport, or covered parking, is demolished or converted to an ADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site only if the loss of the off-street parking supply has a significant effect on public access to the shoreline.

1. [No change]

3. [No change]

4. No off-street parking requirements apply to any ADUs proposed within one-half mile of a major transit stop regardless of whether the ADU would be located within the Commission’s appellate jurisdiction.

15. Revise new Section 30.91.040(P)(1) as follows:

O. P. The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:

16. Revise new Section 30.91.040(Q) as follows:
85 April 21, 2025 Item 09
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Approved Suggested Modifications
P. Q. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code and California Fire Code. Special construction standards that would not otherwise apply to the single dwelling unit as a whole shall not be required. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not be eligible for ministerial approval if it includes improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects.

17. Revise new Section 30.91.040(T)(1) as follows:

S. T. For consistency with the certified LCP Coastal Act, scenic views shall be protected as follows:

18. Revise new Section 30.91.040(V) as follows:

U.V. ADUs shall not be located or approved where the ADU or JrADU is located on: a beach, a wetland or its buffer, seaward of the mean high tideline, in an environmentally sensitive habitat area or its buffer, within a coastal bluff setback, in a habitat buffer, environmentally sensitive habitat area or its buffer, or in an area designated as highly scenic area as determined by the City’s certified Local Coastal Program.

19. Revise new Section 30.91.040(X) as follows:

W. X. Pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), ADU development shall not create significant alterations to landforms, which is a class of development that requires a discretionary coastal development permit per the Coastal Act because it involves a risk of adverse environmental effects. The following objective standards apply to proposed ADU development for protection of the public health and safety through the regulation of excavation and grading and protection of steep slopes and coastal resources consistent with the certified Local Coastal Program:
86 April 21, 2025 Item 09
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[No change to subsections (1) through (5)]

20. Revise new Section 30.91.040(Y) as follows:

X. Y. If a proposed ADU is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the following shall apply as a requirement for the administrative Coastal Development Permit:

1. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and avoid flood hazards, including with consideration of sea level rise.

2. Proposed development shall comply with the certified Local Coastal Program.

21. Revise Section 30.91.050(B) as follows:

A JrADU that is designed to meet all of the requirements in Section

30.91.050 shall be issued a permit in accordance with Section 30.91.030.

The City is preempted by State Law from requiring any type of discretionary review, or public hearing, except for an Administrative Coastal Development Permit where required in accordance with Section

30.91.030(C)(5).

22. Add a new Section 30.91.050(G):

23. Delete proposed Section 30.91.050(G) as follows:
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G. In order to ensure the continuation of public access to coastal resources, where an existing garage, carport, or covered parking, is demolished or converted to a JrADU, replacement off-street parking shall be required and all required off-street parking for the primary dwelling unit shall be maintained or replaced on-site.

24. Revise Section 30.91.050(M) as follows:

M. If a proposed JrADU is subject to approval of an Administrative Coastal Development Permit, and is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM) or its updated versions, the permit approval shall be subject to the requirements in Section 30.91.040.XY.

25. Add a new Section 30.91.060(A)(5) as follows:

26. Revise Section 30.91.060(C)(1) as follows:

The City shall accommodate proposed ADUs meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate ADUs at least 150 square feet in size that meet the definition of an efficiency unit as defined per California Government Code Section 66313, as amended 65852.2(c)(2)(A).

27. Revise Section 30.91.060(C)(3) as follows:

A detached ADU shall comply with the required street fronting setbacks of the applicable zone, but otherwise may be located within 4 feet of the side or rear property lines, except that in all cases, including conversion of non-habitable, legal, non-conforming structures noted in Section 30.91.040(MN)(1), the ADU shall comply with the following additional setback requirements. 88 April 21, 2025 Item 09
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a. The required coastal bluff setback in the Coastal Bluff Overlay Zone as required by Chapter 30.55.
[No change to subsections (b) through (e)]
89 April 21, 2025 Item 09
§ 13250. Improvements to Existing Single-Family Residences.

Home Table of Contents
14 CA ADC § 13250
Barclays Official California Code of Regulations
(a) For purposes of Public Resources Code Section 30610(a) where there is an existing single-family residential building, the following shall be considered a part of that structure:
(1) All fixtures and other structures directly attached to a residence; (2) Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and (3) Landscaping on the lot.
(b) Pursuant to Public Resources Code Section 30610(a), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effects:
(1) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff.
(2) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas; (3) The expansion or construction of water wells or septic systems; (4) On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, an improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks. (5) In areas which the commission or a regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system. (6) Any improvement to a single-family residence where the development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit.
(c) In any particular case, even though an improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit.

California Code of Regulations
Barclays California Code of Regulations
Title 14. Natural Resources
Division 5.5. California Coastal Commission (Refs & Annos) Chapter 6. Exclusions from Permit Requirements
Subchapter 6. Existing Single-Family Residences
14 CCR § 13250
§ 13250. Improvements to Existing Single-Family Residences.

Currentness
3/13/25, 5:42 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I80E36B8A5B4D11EC976B000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 1/2 Attachment E
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Credits
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(a), Public Resources Code.

HISTORY

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).

2. Amendment of subsection (b)(4) filed 8-24-77; effective thirtieth day thereafter (Register 77, No. 35).

3. Amendment of subsection (a)(5) filed 5-29-79; effective thirtieth day thereafter (Register 79, No. 22).

4. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.

5. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).

6. Amendment of subsection (b)(1) filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).

7. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).

8. Amendment of subsection (c) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).

9. Amendment of section heading and section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).

10. Amendment of subsection (b)(4) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

This database is current through 2/28/25 Register 2025, No. 9.

Cal. Admin. Code tit. 14, § 13250, 14 CA ADC § 13250

END OF DOCUMENT
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jean Crutchfield, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Request to Adopt a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program; and to Approve Revision Map RM22-001 and Coastal Development Permit CDP24-012 related to amending recorded Parcel Map (TPM-77-03) for purposes of reducing the area of an existing Scenic Easement on the Property located at 1201 Cuchara Drive, Del Mar.

Applicants/Owners: Mark and Laura Weber Trust dated April, 2009 Assessor Parcel Number (APN): 300-143-38-00
Property Location: 1201 Cuchara Drive, Del Mar
REQUESTED ACTION/ RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) to: 1) Adopt a Mitigated Negative Declaration (MND) (State Clearinghouse (SCH) No. 2024080103) and associated Mitigation Monitoring and Reporting Program (MMRP); and 2) Approve Revision Map RM22-001 and Coastal Development Permit CDP24-012 to amend a recorded Parcel Map No. 9174 (TPM-77-03) for purposes of reducing the area of an existing scenic easement on property located at 1201 Cuchara Drive (Property).

EXECUTIVE SUMMARY:

The applicant is requesting approval of an Amending Map and Coastal Development Permit to modify an existing scenic easement located on a property located in the R1-10 Zone, Open Space Overlay Zone and Wildland Urban Interface. The scenic easement was a condition of approval from the Subdivision Map in 1979 that created the Property.

The easement prohibits development and encompasses 75% of the property. The remaining 25% of the lot is only slightly larger than the footprint of the existing residence and abutting small rear yard. The Applicant is requesting to reduce the easement area by the amount necessary to allow the opportunity to construct a detached Accessory Dwelling Unit and perform maintenance of the existing primary dwelling unit. If the Amending Map is approved, the Applicant is still required to process any necessary 1 April 21, 2025 Item 10
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applications for development review on the property. Additional details are provided regarding the applicant’s request and any future development review process for this property later in this report.

The State Subdivision Map Act and City’s Subdivision Ordinance regulate the process for subdivision of property, property boundary line adjustments, and ownership interests for real property (i.e. condo). Both the State and City regulations provide a process to amend a recorded map; the review process and required findings to approve an amended map would be similar for the original subdivision and include review by the Planning Commission for a recommendation to the City Council. The Planning Commission reviewed the proposed project at their regularly scheduled meetings on September 10, 2024, and January 14, 2025, the details for which along with recommendations made by the Planning Commission are provided later in this report.

The project is also subject to the California Environmental Quality Act (CEQA). Based on the analysis in the Initial Study prepared for the project, the conclusions are that with mitigation measures incorporated, all project impacts would be mitigated to less than significant. The Council is asked to adopt the Mitigated Negative Declaration (MND) prepared for the project. Additional details are included at the end of this report on the environmental review for the project.

BACKGROUND:

Property Description
The Property is located at 1201 Cuchara Drive in the R1-10 Zone, Open Space Overlay Zone and Wildland Urban Interface (see Attachment B, aerial map). The property is 16,756 square feet in area and is currently developed with a 3,041 square foot two-story, single-unit dwelling with attached garage the northeast portion of the lot. An at-grade wood deck and brick patio are located to the south and east of the residence, respectively.

The residence is accessed from Cuchara Drive via a reciprocal access easement with the residence to the north at 1205 Cuchara Drive. A 10 to12-foot-tall, cylindrical sandstone outcrop, known as the “Pinnacles”, is located to the southwest of the residence. Nearly vertical cliffs are located to the east of the residence, forming the western portion of a canyon located on adjacent properties along Amphitheatre Drive and Kalamath Drive to the east of the property.

Eight Eucalyptus trees and various vegetation/medium sized shrubs are located to the west (in front of) the residence. Informal dirt pathways/steps are located on the site south and southwest of the residence. The Property is located within an urbanized area surrounded by existing single-unit residential development. 2 April 21, 2025 Item 10
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Open Space Overlay Zone
The Property is located within the Open Space Overlay Zone (OS-OZ), which is “designed to protect open space areas of community-wide importance, in order to satisfy the recreational needs of residents, define Del Mar as a distinct and separate community, ensure an atmosphere of openness, and preserve unique natural features in specific neighborhoods.” Approximately 0.1 acres (4,356 square-feet) at the southwestern portion of the property is identified as area “L” in the Del Mar Community Plan’s Open Space Element (CP) (see Attachment C). The Community Plan Open Space Element was adopted in 1976.

The Community Plan identifies the character and sensitivities of area L to include:
• Outstanding rock formation;
• Stand of trees and dense native shrubs; and
• Narrow scenic canyon.

Development criteria listed in the Community Plan intended to preserve the open space sensitivities of area L include:
• Preserve view corridor;
• Require any construction above canyon to be set back from steep slopes of canyon; and
• Establish scenic easement to preserve rock formations and vegetation.

Wildland Urban Interface
The Property is located within the Wildland Urban Interface, which is a defined geographical area where houses meet or are within proximity of undeveloped wildland vegetation. Construction methods and requirements to mitigate wildfire exposure shall be applied within these geographical areas where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses.

Background of Recorded Parcel Map No. 9174 (TPM-77-03)
The Property was created in 1979 through the approval of Tentative Parcel Map TPM77-03, recorded by the County of San Diego as Parcel Map No. 9174. The project involved merging two contiguous parcels (1205 Cuchara Drive and 694 Rimini Road) and then re-subdividing the land into three new parcels. The development of the Property (1201 Cuchara Drive) was created from the vacant southerly portions of 1205 Cuchara Drive and 684 Rimini Road. The staff report for TPM-77-03 contains a summary of the project and findings/mitigation measures of an Environmental Impact Report (EIR 76-1) produced for the project (Attachment D). The City Council Resolution of Approval in 1979 and the recorded Parcel Map 9174 is included as Attachment E.

The Final Environmental Impact Report (FEIR) for TPM-77-03 is included as Attachment F.
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The property currently contains a scenic easement, as required by the Community Plan and which is depicted on Parcel Map 9174. The easement is approximately 12,560 square feet in area and comprises 75% of the total lot area. The remainder of the lot is 4,192 square feet (25% of the total lot area) and comprises the developable area on the northeast portion of the lot. The scenic easement was a condition of approval of TPM77-03 and was intended to protect the natural features on the site, specifically, the Pinnacle and vegetation and to protect the (then) narrow scenic views (in the 1970’s) of the Pinnacle and canyon. The canyon is located mostly on adjacent properties to the east. No development is permitted within the scenic easement. However, vegetation changes are permitted with approval from the Design Review Board and driveways/walkways are permitted with approval from the Planning Commission.

Map Amendment/ Revision Process
In accordance with Section 66469 of the California Subdivision Map Act, the procedure to modify or revise the contents of a recorded subdivision map (Parcel Map) is to process an “Amending” Parcel Map for approval. Therefore, the Applicant is requesting approval of an Amending Map, specifically to revise the scenic easement size/configuration depicted on the original Parcel Map. Del Mar’s Subdivision regulations (specifically, Del Mar Municipal Code [DMMC] §24.54.160) calls for Corrections and Amendments to Final Maps to be made and processed pursuant to the referenced section of the Subdivision Map Act.

Therefore, an Amending Map requires the Planning Commission provide a recommendation to the City Council at a noticed public hearing. Based on the City’s administrative record for the Property, similar review processes were applied at the time of the 1979 approval of TPM-77-03.

If the Applicant’s requested Amending Map is approved, it would be recorded with the San Diego County Recorder. A new revised scenic easement would be recorded as a separate covenant document against the deed of the property. Staff is recommending the scenic easement covenant be recorded prior to the Amending Map.

PLANNING COMMISSION (PC) RECOMMENDATION TO THE CITY COUNCIL:

September 10, 2024 - PC Meeting
On September 10, 2024, the Planning Commission conducted a public hearing on the application request, at which time the Applicant explained that the purpose of the Map Amendment is to increase the lot’s development area to allow for development of an Accessory Dwelling Unit (ADU). The applicant clarified that the current scenic easement encompasses the majority of the property (75% of the lot), except for the existing residence and the small rear yard to the east, and does not allow the opportunity to construct additional structures and/or site improvements on the property, nor would it allow routine maintenance on the south deck and entry stairs which are both located within the scenic easement.
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The Commissioners expressed that while they understood the Applicant’s desire to construct an ADU, they had concerns about reducing the size of the scenic easement on the Property in order to increase the buildable area significantly more than the minimal area necessary to reasonably accommodate an ADU on the Property. The Commission also sought to understand whether there are feasible project alternatives to reduce the proposed buildable area in a way that would both address the Commission’s concerns and still allow for the minimum area necessary for to develop an ADU. The Commissioner’s issues with the request were primarily due to concerns that revision of the scenic easement could potentially result in redevelopment of the site with a larger residence and associated site improvements in addition to, or instead of just the construction of an ADU. The Commission also expressed concerns regarding the project’s compliance with the development criteria of the Community Plan’s Open Space Element.

Staff clarified for the Commission that the project would not affect the property’s Open Space Overlay Zone (OSOZ) designation which applies to the entire property, nor would it affect the Community Plan’s Open Space designation for area L, which only applies to a specifically depicted 0.1-acre portion of the property. The proposed easement configuration would retain a larger footprint of Area L, as depicted in the Community Plan. Staff further explained that development is permitted for properties that are designated within an Open Space Overlay Zone, if it is demonstrated the proposed development complies the development criteria identified in the respective Community Plan designation, in this case, Area L. Staff also stated that, as proposed, the project would have preserved 7,412 square feet of undeveloped area and would preserve the scenic view and Pinnacle, which would be far greater than the approximately 4,356 square feet intended in the Community Plan for Area L, and therefore, would be consistent with the Community Plan Open Space objectives of Area L. Since the proposed project would not modify Area L and would retain the area in its entirely under a (revised) scenic easement, the project would not require a Community Plan amendment.

Staff also clarified that the proposed project, and all future projects, would be required to comply with the requirements of the Open Space Overlay Zone, the Community Plan Open Space Element and restrictions of the scenic easement. Finally, staff clarified that the project would not involve boundary adjustment of property lines, nor would it involve the creation of a new parcel.

After much discussion with the Applicant and staff, the Commission deliberated on the project and continued the application to a future meeting, with the Applicant’s consent, to allow the Applicant to address the Commission’s comments and return with a revised proposal.
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January 14, 2025 - PC Meeting
On January 14, 2025, the Planning Commission conducted a public hearing on a revised project proposal that would reduce the scenic easement only to the minimal amount necessary to reasonably accommodate an ADU on the site. The Commission deliberated, asked questions of the Assistant City Attorney and staff, and requested that the following special conditions be included in their recommendation of the project to the City Council:

PC-1 [New Buildable Area of the Property would be Limited to an the Development of an Accessory Dwelling Unit]
Development in the new buildable area of the Property shall be limited to development of an ADU. Development associated with the primary residence shall not be permitted within the new separate development area.

PC-2 [Approval of Revision Map Not Transferable]
If the Applicant does not construct an ADU within the new buildable area prior to selling the Property, the Revision Map as approved becomes null and void and reverts back to the original Parcel Mar No. 9174 (TPM-77- 03),
PC-3 [Property Subdivision]
The Property shall not be subdivided into separate parcel(s).

The Assistant City Attorney informed the Commissioners that the City Attorney’s Office would need to conduct research into the legality and practicality of the PC’s proposed conditions prior to the City Council meeting. To avoid further delay in processing the application while the City Attorney’s Office conducted the necessary research, the PC recommended approval of the proposed project. The PC further recommended inclusion of the proposed conditions – pending confirmation from the City Attorney’s Office as to the legality and practicality of imposing the conditions. The City Attorney’s Office has determined that the proposed conditions would likely be unenforceable if challenged. Therefore, it is recommended that the City Council not condition approval of the Revision Map as recommended by the PC.

DISCUSSION/ANALYSIS:

Proposed Revision Map
The Applicant has submitted project plans that were reviewed by the Planning Commission at its January 14, 2025, meeting for the City Council’s review. The request would reduce the area of the recorded scenic easement only the amount needed to reasonably accommodate the construction of an ADU. The Applicant depicted the proposed ADU on the Scenic Easement Exhibit as being approximately 939 square feet with yard areas around the ADU for minimal grading and site drainage that would be 6 April 21, 2025 Item 10
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required to comply with City development standards. The map revision also includes an additional new buildable area west of the existing residence to incorporate the front entry and wood deck located on the south side of the residence.

For the City Council’s reference, the Applicant’s Exhibit identifies the boundary area of the Community Plan Area L. The new buildable area would be located entirely outside the boundaries of Area L. Since the project does not propose to modify the Area L and would preserve Area L in its entirety under a (revised) scenic easement, the project would not require a Community Plan Amendment.

The proposed project would reduce the existing scenic easement to allow additional development by 2,853 square feet. The project would reduce the size and configuration of the recorded scenic easement from 12,564 square feet (75% of total lot size) to 9,711 square feet (58% of total lot size), and thereby, increase the size of the development area from 4,192 square feet (25% of the total lot size) to 7,045 square feet (42% of the total lot size).

The table below illustrates the existing condition and proposed project:

Existing Condition Proposed Project
Subject Lot Size 16,756 sq.ft. 16,756 sq.ft.

Buildable Area 4,192 sq.ft. (25% of lot) 7,045 sq.ft. (42% of lot) Scenic Easement 12,564 sq.ft (75% of lot) 9,711 sq.ft. (58% of lot) Community Plan “L” 4,356 sq.ft. (26% of lot) 4,356 sq.ft. (26% of lot) A modification to the developable lot area would not affect the property’s maximum 25% Floor Area Ratio (Maximum FAR of 4,189 square feet) for the R1-10 Zone, which is computed from the gross lot area of 16,756 square feet in accordance with DMMC Chapter 30.72 (Bulk Floor Area Limitations). The total lot size would remain unaffected at approximately 16,756 square feet. Additionally, the proposed project’s scenic easement (undeveloped) area would still far exceed the minimum square footage required for CP area L of 4.

Correspondence
The Applicant submitted written correspondence to the Council regarding the project.

The Planning Department also received six letters of support for the project by adjacent property owners and owners who reside within proximity to the Property. The letters generally express similar sentiments of support which include statements that the project: would be compatible with the neighborhood character; not result in environmental impacts; and the Eucalyptus trees located in the Wildland Urban Interface, if removed in the future, would reduce the fire risk for the lot and surrounding properties. One letter of concern was submitted by the adjacent property owner to the south and referenced removal of trees from the property, which can be addressed with 7 April 21, 2025 Item 10
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any future Tree Removal Permit application. Copies of the correspondence are included in Attachment G.

Required Permits/ Process for Future Development
The Amending Map would not grant an entitlement to build in the modified developable area. It would only allow the Applicant or future property owner the opportunity to propose development in the modified area. Construction of a new primary residence/addition/remodel and associated improvements would be subject to the Conditional Use Permit (CUP) and Design Review Board (DRB) Permit process. The CUP review would include an analysis of development within the Open Space Overlay Zone, appropriate setbacks from steep slope areas and a determination on hydrology and geotechnical measures to be used for new construction. The Design Review process includes analysis of a host of issues, including but not limited to: protection of views, appropriate building massing and protection of topographical features.

If a new Accessory Dwelling Unit (ADU) is proposed, pursuant to State law DMMC Chapter 30.91 and City’s Local Coastal Program, the project would be exempt from discretionary review and processed ministerially without public review. The design and placement of any future ADU would be required to comply with DMMC Chapter 30.91.

However, a (non-appealable) administrative Coastal Development Permit would be required and would be processed without a public hearing. Noticing would be provided in accordance with the DMMC.

The property is located within the Open Space Overlay Zone and pursuant to DMMC Chapter 23.50 (Trees), all tree species are considered protected. Removal of trees on the Property would be subject to a Tree Removal Permit and the requirements of DMMC Chapter 23.50 regardless of the location within or outside of the property’s scenic easement area or Area “L” of the Community Plan’s Open Space Element.

The applicant is proposing modification to the easement area to allow for potential development to occur in the area located south and west of the existing residence. The southerly extent of the Property is described in the Community Plan’s Open Space Element Area L as having a narrow scenic canyon and the Pinnacle. The area west of the existing residence contains a smaller portion (now 8 remaining of the 24 Eucalyptus trees in 1979) of what is described in the CP as a stand of trees.

The proposed modification to create a larger developable area may affect at least three of the existing eight Eucalyptus trees, which are all located directly west of the existing residence. These trees are identified on Exhibit G as trees #4, #5 and #6. The Eucalyptus trees are considered “protected” on the Property. Currently, the restrictions on the scenic easement, as referenced on Parcel Map 9174, prohibit removal of vegetation, planting of new vegetation and installation of irrigation, unless approved by the Design Review Board.
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The City’s Tree Ordinance (DMMC Chapter 30.50) requires a Tree Removal Permit (TRP) for removal of trees located within the Open Space Overlay Zone. So, while the trees are located within the proposed development area, the subject request for an Amending Map to modify the Easement would not include tree removal authorization. Any (future) request to remove trees from the Property would require City approval of a TRP. Trees #4, #5 and #6 are not located within Area L of the CP Open Space Element.

It should be noted, there have been changes in the region over time as to how Eucalyptus trees may adversely impact public health and safety. Eucalyptus trees were introduced to the San Diego region as early as the late nineteenth century and have become ubiquitous in the regional landscape, however, they are now generally considered an inherently dangerous tree species and discouraged as new plantings.

After the Witch Creek Fire in October 2007 (affecting the San Diego region), a neighborhood petition was circulated and signed by Del Mar residents requesting that the City Council assist residents in the removal of fire hazards located within the public rightsof-way adjacent to private property. The assistance requested was for the City to waive the application fees for the Tree Removal Permit and Encroachment Permits required for removing Eucalyptus trees from a public right-of-way. Eucalyptus trees on private property are generally not protected and would not be subject to a TRP; all trees located within a public right-of-way and certain zones, such as the Open Space Overlay Zone, are protected.

This neighborhood petition was presented to the City Council at its meeting of December 3, 2007, as an agendized Oral Communication item. The Council heard testimony by residents, Planning Department staff, Public Works staff and Fire Department staff. The Council discussed the item and determined that all Eucalyptus trees are inherently hazardous. Based on this determination, the Council concluded that the Eucalyptus trees located within the right-of-way (protected tree) and adjacent to residential property may be removed with a TRP. Council also agreed to waive the application fees for a TRP and Encroachment Permit for requests to remove Eucalyptus tree located within the public right-of-way and directed staff to expedite such permits; however, all costs associated with the tree removal itself would be paid by the applicant.

Consistent with the EIR findings and mitigation measures for TPM-77-03 and as discussed in the Initial Study and MND for the project, appropriate engineering and construction methodology would need to be considered with any new development proposals to protect the Pinnacles and canyons. Conditions for any new development would require a Grading/Drainage Plan, and Geotechnical and Hydrology Reports to be reviewed and approved by the City Engineer. Planning Department review would also include evaluation of the construction staging and phasing, equipment usage, material storage and access to the site.
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Consistency with the Community Plan
The Community Plan’s Open Space Element, adopted in 1976, identified areas throughout the City with unique open space characteristics, which the City desired to either: acquire for public use as neighborhood parks; or provide regulations that would help to retain the site’s open space characteristics after (future) development. As previously mentioned, the southwesterly portion of the subject lot is identified as Area L of the Community Plan Open Space Element which is described as being 0.1 acre in area (approximately 4,356 square feet) and rectangularly shaped. Development criteria for the property included a scenic easement for protection of the Pinnacle, canyon views and vegetation. Any amendment to the scenic easement protection provisions of TPM-77-03 must remain consistent with the development provisions (criteria) of the Community Plan’s Open Space Element.

The Applicant’s proposal to reduce the existing scenic easement area of 12,564 square feet (75% of the total lot size) by 2,853 square feet would create a revised scenic easement area of 9,711 square feet (58% of the total lot size). The revised scenic easement would include all of Area L and the area surrounding the Pinnacle and results in retaining more than double the 4,356 square foot area required by the Community Plan. Therefore, the Map Amendment request and the site would be consistent with the Open Space development criteria for Area L. Additionally, the new easement configuration would retain preservation of the Pinnacle and views to the canyons and is consistent with the development criteria specified in the Community Plan Open Space for Area L. As such, the proposed project would not require a Community Plan Amendment.

As noted previously, since the approval of TPM-77-03 in 1979 the number of Eucalyptus trees on the property have been significantly reduced from approximately 24 trees (referred to collectively in the CP as the “stand of trees”) to 8 trees. The EIR analysis of the property included a Topographic Map of the Property (Figure 2-4) which depicts the number and location of Eucalyptus trees in existence at the time. The EIR view analysis noted that due to dense vegetation at the front of the property (at the time), public views (from Cuchara Drive) to the Pinnacles and canyon were then limited to a narrow view corridor along the south side of the property.

It was also noted in the EIR view analysis that the residential structure (proposed on the [then] vacant lot) located at the rear of the lot would have been mostly obstructed from public view. Through the course of 45 years and the eventual reduction and thinning of this previous “stand of Eucalyptus trees” and removal of other trees and vegetation as described in the EIR, it is reasonable to conclude that the current public view to the Pinnacles from Cuchara Drive has significantly improved.

Potential development within the revised proposed developable area (which would be located entirely outside of the Open Space designation identified as Area L) would be consistent with the goals and objectives of the Open Space Element and development criteria for in the Community Plan Open Space Element. In accordance with the 10 April 21, 2025 Item 10
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Community Plan, any proposed development on the developable areas (located outside the scenic easement area) should not adversely affect and/or detract from the visual qualities of the Pinnacles, the canyon or natural vegetation. It is staff’s observation that, if proposed improvements are appropriately located and designed within the proposed developable area, adverse impacts to these natural features of the site can be minimized or avoided.

Findings for Subdivision Map (or Amendment thereto)
Although specific findings for the approval of a subdivision map are not called out in the DMMC Subdivision regulations (Title 24), the findings shown below are required in accordance with the California Subdivision Map Act (§66473.5, 66474) in the review of subdivision proposals. Staff is suggesting that the same findings (enumerated in bold font below) be applied for review of the subject Amending Map proposal and has provided discussion regarding each of the findings below.

1. The proposed Map is consistent with the Del Mar Community (General) Plan in that the proposed project is permitted under the Community Plan requirements.

Proposed Finding: The proposed Amending Map is consistent with the Del Mar Community Plan (General Plan) in that the existing and proposed residential use and density of development of a single-unit residence is currently permitted under the Community Plan in the Low Density Residential R1-10 zone. The Low-Density Residential district is “a land use category intended to allow the continuation of the predominately single-family residential character that has been historically development within the Del Mar hills area and at the north end of the beachfront.” The proposed Amending Map is limited to modifying the area and size of the scenic easement area and development area, and thus would not create additional legal parcels to afford additional density development of the Property. A proposed ADU would not affect the density of the site. The southerly portion of the Property is located within the Community Plan’s Open Space Element Area L which is described as being 0.1 acre (approximately 4,356 square feet in area). The proposed amendment would retain the southerly and westerly portion of the Property, which includes all of Area L, as a Scenic Space Easement (a total of 9,711 square feet) which would remain undeveloped and would be consistent with the Community Plan’s Open Space Element. Pursuant to the Open Space Overlay Zone requirement, a scenic easement would be recorded against the deed of the property and would prohibit development and ground disturbance, thus protecting the Pinnacle, rock formations and vegetation on Area L.

2. The design and improvement of the proposed subdivision are consistent with the Del Mar Community (General) Plan in that the design provides sufficient lot area and street access for proper development.

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sufficient lot area and street access. The proposed project does not include subdivision of the lot and would modify the size and configuration of the recorded scenic easement.

The Community Plan designation for the Low-Density Residential R1-10 Zone requires a minimum lot size of 10,000 square feet and minimum street frontage of twenty (20) feet.

The proposed Amending Map would not modify the total lot size of the Property of 16,756 square feet in area nor would it affect the existing street access on Cuchara Drive which is provided via a reciprocal access easement with the property to the north at 1205 Cuchara Drive. The proposed reduction of the scenic easement size will result in an increase of 2,853 square feet, which could accommodate access to and construction of an Accessory Dwelling Unit.

3. The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential development in the (R1-10) Zone.

Proposed Finding: The proposed Amending Map would modify (decrease) the size and area of the scenic easement, and thereby, would commensurately modify (increase) the size and area of the potential development area by 2,853 square feet (with a total development area of 7,045 square feet). The Property contains a single-unit residence, and any additional development area would allow the opportunity for either new construction of a replacement single-unit residence, modifications to the residence, and/or construction of an Accessory Dwelling Unit permitted under the R1-10 Zone.

4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Zoning Ordinance.

Proposed Finding: The proposed Amending Map would not affect the Property’s allowable single-unit residential density of the R1-10 Zone.

5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife, as determined by CEQA review for this project.

Proposed Finding: The proposed Amending Map is subject to review under the California Environmental Quality Act. An Initial Study and Mitigated Negative Declaration (EA24- 001) did not identify any endangered or rare flora or fauna on the property and the project with the incorporation of mitigation measures would create less than significant impact to the environment. The proposed Amending Map, if approved, would allow potential additional development area located to the west and south of the existing residence.

Development would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife since the project is located within an existing developed parcel. The Geotechnical Engineer’s preliminary opinion on the stability of the Pinnacle, the feasibility of additional development without adversely affecting the Pinnacle, and that the Pinnacle would not pose a hazard to new structures. 12 April 21, 2025 Item 10
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
April 21, 2025

Page 13 of 16 ends

6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

Proposed Finding: The proposed Amending Map, if approved, would allow the potential for additional development area on the property. The continued use of a single-unit residential development in the R1-10 Zone would not cause serious public health problems.

7. The design of the subdivision or the type of improvements will not conflict with any easements acquired by the public at large, for access through or use of, property within the proposed subdivision.

Proposed Finding: The proposed Amending Map is a request to amend the area and size of the scenic easement. If the Amending Map is approved, the revised scenic easement for the Property would be recorded with the County. The property has several other private and public (utility) easements and which would not be affected with this project.

8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been reviewed by the City Engineer as being consistent with those requirements.

Proposed Finding: The proposed Amending Map has been reviewed by the City Engineer and has been determined to be consistent with the Subdivision Map Act and the City of Del Mar Subdivision Ordinance. The Amending Map is not amending the legal property lines and exterior boundaries of the Property.

9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met.

Proposed Finding: The proposed Amending Map would only affect the scenic easement area on the existing property and would not affect the exterior boundaries or the overall size of the Property, therefore the project would comply with the minimum lot design requirements of the Del Mar Municipal Code.

Findings Required for Coastal Development Permit/Consistency with the Local Coastal Program
The Property is located within the City’s Coastal Overlay (the CA Coastal Zone, nonappeals jurisdiction) and so, pursuant to DMMC §30.75.040, requires a Coastal Development Permit (CDP). Section 30.75.140 stipulates seven findings that must be made for approval of a CDP. As proposed, the subject project is found to comply with the standards of development noted in the referenced DMMC Section (enumerated in bold font below), and accordingly, recommended findings to approve the CDP request can be made.
13 April 21, 2025 Item 10
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
April 21, 2025

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In accordance with the procedural regulations of the certified LCP, the City’s action on the Coastal Development Permit will be reported to the California Coastal Commission’s Executive Director. The project is not located in a Coastal Development Permit appeals area. The City’s action on the CDP application is, therefore, not appealable to the California Coastal Commission.

1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

Proposed Finding: The proposed Amending Map is requesting modification of the scenic easement to allow a larger development area for the property. The use of a single-unit dwelling and any proposed future Accessory Dwelling Unit are allowed uses in the R1-10 Zone. The retention of a scenic easement over the entirety of Area L on the Property is consistent with the Open Space Overlay Zone and will continue to preserve open space character/sensitivities (including the Pinnacle).

2. That the proposal meets the criteria of the applicable chapters of this Title (DMMC Title 30 – Zoning).

Proposed Finding: The proposed project to amend the recorded Parcel Map meets the criteria of the Del Mar Subdivision Ordinance DMMC Chapter 24.54, the lot design criteria of the R1-10 Zone and the development criteria of the Open Space Overlay Zone because the amended development area would not impact the natural character of the Area L which includes the Pinnacle, canyons and natural vegetation. The scenic easement would retain and protect the Pinnacle, canyon and natural topography of the property.

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).

Proposed Finding: The proposed Amending Map to modify the scenic easement would be in conformity with the certified LCP with respect to resource protection standards and avoidance of hazards regulations.

4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Proposed Finding: The Property is not located seaward of the first public roadway, therefore this finding would not apply.

5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and 14 April 21, 2025 Item 10
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
April 21, 2025

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implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.

Proposed Finding: The Property is not located on the beach or along the shoreline, therefore this finding would not apply.

6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

Proposed Finding: The project does not include construction and therefore this finding regarding public view impact does not apply. Any future development would require design review and/or a Coastal Development Permit, so this finding would apply at that time.

7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.

Proposed Finding: The Property is not located within the Lagoon Overlay Zone and does not contain any wetlands or wetland resource, therefore this finding would not apply.

ENVIRONMENTAL IMPACT:

Pursuant to the provisions of CEQA, the Planning and Community Development Department prepared an Initial Study and Mitigated Negative Declaration (MND) (EA24- 001).

While development is not proposed with the project, the IS/MND evaluates potentially significant impacts that could occur from full buildout of a home and accessory uses within the lot. Notwithstanding the analysis in the IS/MND, in the event future development is proposed on the lot, the scope of development would be further evaluated by the City for potential impacts and compliance with applicable regulations and mitigation measures discussed in the IS/MND.

While no rare or endangered flora or fauna were identified on the subject lot and within a 100-foot radius on the Biological Resources Survey, the Initial Study identified potential impacts for Biological Resources. A detailed review of the potential impacts is included in the Initial Study and includes mitigation measures that reduce all impacts to less than significant levels. The mitigation measures are included in the MND and Mitigation Monitoring and Reporting Program (MMRP) and would be included as conditions to any 15 April 21, 2025 Item 10
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
April 21, 2025

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project approval. The conclusions of the IS/MND are that with mitigation measures incorporated and attached, all project impacts would be mitigated to less than significant.

In accordance with Section 21091 of the California Environmental Quality Act (CEQA) and Section 15073 of the CEQA Guidelines, the Initial Study/Draft Mitigated Negative Declaration (IS/MND) was circulated for public review and comments for a minimum 30- day period from August 2, 2024 through September 3, 2024. The documents were made available at City Hall, the Del Mar Library, on the City of Del Mar website, and on the State Clearinghouse website (SCH Number 2024080103). One comment from the public in support of the project was submitted to the City during the circulation period.

Due to the size of the environmental documents, they have not been included as attachments to this report but can be reviewed in hard copy format at City Hall and the Del Mar Library or in electronic format by visiting the City of Del Mar website at the following link: https://www.delmar.ca.us/Archive.aspx?AMID=57. The City of Del Mar City Hall, located at 1050 Camino del Mar, Del Mar, CA 92014, is the custodian of the documents and other material which constitutes the record of proceedings upon which a decision is based.

HOUSING IMPACT:

The project does not include the demolition, alteration, or development of any housing units. However, if the Amending Map request is approved, the property could be developed with an Accessory Dwelling Unit, subject to compliance with local and state regulations. Therefore, the approval of the requested Amending Map application could result in increased housing supply or improved housing affordability in the City of Del Mar.

FISCAL IMPACT:

There would be no fiscal impact to the City as this is a private development proposal.

All fees associated with the project and CEQA processing have been paid by the applicant. Additionally, all costs associated with any future development of the property would be paid by the applicant.

ATTACHMENTS:

Attachment A – Proposed Council Resolution
Attachment B – Aerial Map
Attachment C – Community Plan Open Space Element excerpt Attachment D – Staff Report for TPM-77-03
Attachment E – Council Resolution for TPM-77-03/ Recorded Parcel Map 9174 Attachment F – EIR for TPM-77-03
Attachment G – Public Correspondence
16 April 21, 2025 Item 10

ATTACHMENT A
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR CALIFORNIA APPROVING AN AMENDING MAP RM22-001 AND
COASTAL DEVELOPMENT PERMIT CDP24-012 RELATING TO
AMENDING RECORDED PARCEL MAP NO. 9174 (TPM-77-03) FOR

PURPOSES OF REDUCING THE AREA OF AN EXISTING SCENIC
EASEMENT ON PROPERTY AT 1201 CUCHARA DRIVE, DEL MAR,

CALIFORNIA, AND ADOPTING AN ASSOCIATED MITIGATED
DECLARATION (EA24-001) AND ASSOCIATED MITIGATION

MONITORING AND REPORTING PROGRAM
WHEREAS, on March 5, 1979, the City Council of the City of Del Mar (City), after conducting a public hearing in the form and manner required by law, certified an Environmental Impact Report (EIR) and approved an application for Parcel Map TPM-77- 03; and
WHEREAS, the approved Parcel Map TPM-77-03, which was recorded in the Office of the San Diego County Recorder as Parcel Map No. 9174, created a three lot subdivision, including the subject property located at 1201 Cuchara Drive, Del Mar (APN 300-143-38-00) (Property), which is located in the R1-10 Zone, Open Space Overlay Zone (OSOZ), and Wildland Urban Interface; and
WHEREAS, in compliance with the City’s Community Plan Open Space Element development criteria for Area “L,” a condition of approval for Parcel Map TPM-77-03 included recordation of a Scenic Easement to retain the natural features of the Property identified in the Community Plan Open Space Element Area “L,” to include the “Pinnacle,” canyon, and vegetation on the Property; and
WHEREAS, Mark and Laura Weber Trust, dated April 4, 2009 (Applicant/Owners), submitted an application to the City for a Revised Map (RM22-001), Coastal Development Permit (CDP24-012), and Environmental Assessment (EA24-001) (collectively referred to as the Project), to amend the Recorded Parcel Map No. 9174 (TPM-77-03) for purposes of reducing the size of the existing scenic easement on the Property; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (Public Resources Code §§ 21000-21189) (CEQA), and is not exempt; and WHEREAS, a Mitigated Negative Declaration (MND) (State Clearing House (SCH) No. 2024080103), for the project was prepared in accordance with applicable laws, including CEQA and the CEQA Guidelines (14 Cal. Code of Regs. §§ 15000, et seq.). The MND was circulated for a 30-day review period to the public, responsible agencies, and other interested persons for review and comment during the period of August 2, 2024 to September 3, 2024, as required by CEQA; and WHEREAS, the City received written comments on the MND during the 30-day review period; and
17 April 21, 2025 Item 10
Resolution No. 2025-xx

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WHEREAS, the Initial Study (IS)/MND concluded that the implementation of the Project will have less-than-significant impacts, as mitigated, as referenced in the impacts to biological resources; and
WHEREAS, under CEQA, a lead agency makes a determination on a project requiring the implementation of measures to mitigate or avoid significant effects on the environment. CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation. A MMRP has been prepared for the Project for consideration by the City Council as the decision-maker of the City, which is the lead agency for the Project; and
WHEREAS, on September 10, 2024 and January 14, 2025, the Planning Commission held duly noticed public hearings to consider a recommendation to the Del Mar City Council regarding approval of application RM22-001 and CDP24-012 and on the adoption of the IS/MND, including MMRP, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered during the Planning Commission public hearings to include, without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from staff, the applicant, and the public. d. Staff report, dated September 10, 2024 and January 14, 2025, which is incorporated by this reference, as though fully set forth herein. e. Additional information submitted during the hearing.

WHEREAS, the Planning Commission unanimously voted to recommend approval of RM22-001, CDP24-012, and EA24-001, and adoption of the MND, including the MMRP, to the City Council; and
WHEREAS, on April 21, 2025, the City Council held a duly noticed public hearing to consider approval of RM22-001, CDP24-012 and EA24-001, and adoption of the MND, including the MMRP, at which time all persons desiring to be heard were heard; and WHEREAS, written and oral evidence was submitted and considered during the City Council public hearing, including, without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Agenda report, dated April 21, 2025, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing. 18 April 21, 2025 Item 10
Resolution No. 2025-xx

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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, hereby adopts Mitigated Negative Declaration (MND) EA24-001 (State Clearinghouse No. 2024080103) and the associated Mitigation Monitoring and Reporting Program (MMRP), based upon the following findings:

1. That the revised MND EA24-001 (SCH No. 2024080103) for the Project has been prepared in compliance with the California Environmental Quality Act of 1970 (California Public Resources Code §§ 21000, et seq.), as amended, and the CEQA Guidelines thereto (14 California Code of Regulations §§ 15000, et seq.);

2. That the MND for the Project reflects the independent judgment of the City of Del Mar as the Lead Agency; and

3. That the MND for the Project is accurate and complete.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, recommends that application RM22-001 to revise the Scenic Easement, be recommended for conditional approval by the City Council, and that approval be based on conformance with Del Mar Municipal Code (DMMC) Section 24.50.140 and on the following findings for approval:

1. The proposed Map is consistent with the Del Mar Community (General) Plan in that the proposed project is permitted under the Community Plan requirements.

The proposed Amending Map is consistent with the Del Mar Community Plan (General Plan) in that the existing and proposed residential use and density of development of a single-unit residence is currently permitted under the Community Plan in the Low Density Residential R1-10 zone. The Low-Density Residential district is “a land use category intended to allow the continuation of the predominately single-family residential character that has been historically development within the Del Mar hills area and at the north end of the beachfront.” The proposed Amending Map is limited to modifying the area and size of the scenic easement area and development area, and thus would not create additional legal parcels to afford additional density development of the Property. A proposed ADU would not affect the density of the site. The southerly portion of the Property is located within the Community Plan’s Open Space Element Area L which is described as being

0.1 acre (approximately 4,356 square feet in area). The proposed amendment would retain the southerly and westerly portion of the Property, which includes all of Area L, as a Scenic Space Easement (a total of 9,711 square feet) which would remain undeveloped and would be consistent with the Community Plan’s Open Space Element. Pursuant to the Open Space Overlay Zone requirement, a scenic easement would be recorded against the deed of the property and would prohibit development and ground disturbance, thus protecting the Pinnacle, rock formations and vegetation on Area L.

Page 4 of 12 ends

The proposed Amending Map would be consistent with the Community Plan (General Plan) in that the existing and proposed design would provide sufficient lot area and street access. The proposed project does not include subdivision of the lot and would modify the size and configuration of the recorded scenic easement. The Community Plan designation for the Low-Density Residential R1-10 Zone requires a minimum lot size of 10,000 square feet and minimum street frontage of twenty (20) feet. The proposed Amending Map would not modify the total lot size of the Property of 16,756 square feet in area nor would it affect the existing street access on Cuchara Drive which is provided via a reciprocal access easement with the property to the north at 1205 Cuchara Drive. The proposed reduction of the scenic easement size will result in an increase of 2,853 square feet, which could accommodate access to and construction of an Accessory Dwelling Unit.

3. The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential development in the (R1-10) Zone.

The proposed Amending Map would modify (decrease) the size and area of the scenic easement, and thereby, would commensurately modify (increase) the size and area of the potential development area by 2,853 square feet (with a total development area of 7,045 square feet). The Property contains a single-unit residence, and any additional development area would allow the opportunity for either new construction of a replacement single-unit residence, modifications to the residence, and/or construction of an Accessory Dwelling Unit permitted under the R1-10 Zone.

4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Zoning Ordinance.

The proposed Amending Map would not affect the Property’s allowable single-unit residential density of the R1-10 Zone.

The proposed Amending Map is subject to review under the California Environmental Quality Act. An Initial Study and Mitigated Negative Declaration (EA24-001) did not identify any endangered or rare flora or fauna on the property and the project with the incorporation of mitigation measures would create less than significant impact to the environment. The proposed Amending Map, if approved, would allow potential additional development area located to the west and south of the existing residence. Development would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife since the project is located within an existing developed parcel. The Geotechnical Engineer’s preliminary opinion on the stability of the Pinnacle, the feasibility of additional development without adversely affecting the Pinnacle, and that the Pinnacle would not pose a hazard to new structures.
20 April 21, 2025 Item 10
Resolution No. 2025-xx

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6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

The proposed Amending Map, if approved, would allow the potential for additional development area on the property. The continued use of a single-unit residential development in the R1-10 Zone would not cause serious public health problems.

The proposed Amending Map is a request to amend the area and size of the scenic easement. If the Amending Map is approved, the revised scenic easement for the Property would be recorded with the County. The property has several other private and public (utility) easements and which would not be affected with this project.

8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been reviewed by the City Engineer as being consistent with those requirements.

The proposed Amending Map has been reviewed by the City Engineer and has been determined to be consistent with the Subdivision Map Act and the City of Del Mar Subdivision Ordinance. The Amending Map is not amending the legal property lines and exterior boundaries of the Property.

9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met.

The proposed Amending Map would only affect the scenic easement area on the existing property and would not affect the exterior boundaries or the overall size of the Property, therefore the project would comply with the minimum lot design requirements of the Del Mar Municipal Code.

2. That the MND for the Project reflects the independent judgment of the City of Del Mar as the Lead Agency; and

3. That the MND for the Project is accurate and complete. 21 April 21, 2025 Item 10
Resolution No. 2025-xx

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1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

The proposed Amending Map is requesting modification of the scenic easement to allow a larger development area for the property. The use of a single-unit dwelling and any proposed future Accessory Dwelling Unit are allowed uses in the R1-10 Zone. The retention of a scenic easement over the entirety of Area L on the Property is consistent with the Open Space Overlay Zone and will continue to preserve open space character/sensitivities (including the Pinnacle).

2. That the proposal meets the criteria of the applicable chapters of this Title (DMMC Title 30 – Zoning).

The proposed project to amend the recorded Parcel Map meets the criteria of the Del Mar Subdivision Ordinance DMMC Chapter 24.54, the lot design criteria of the R1-10 Zone and the development criteria of the Open Space Overlay Zone because the amended development area would not impact the natural character of the Area L which includes the Pinnacle, canyons and natural vegetation. The scenic easement would retain and protect the Pinnacle, canyon and natural topography of the property.

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP).

The proposed Amending Map to modify the scenic easement would be in conformity with the certified LCP with respect to resource protection standards and avoidance of hazards regulations.

The Property is not located seaward of the first public roadway, therefore this finding would not apply.

5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.

The Property is not located on the beach or along the shoreline, therefore this finding would not apply.
22 April 21, 2025 Item 10
Resolution No. 2025-xx

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6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

The project does not include construction and therefore this finding regarding public view impact does not apply. Any future development would require design review and/or a Coastal Development Permit, so this finding would apply at that time.

The Property is not located within the Lagoon Overlay Zone and does not contain any wetlands or wetland resource, therefore this finding would not apply.

AND, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, California hereby approves Revision Map RM22-001 and Coastal Development Permit CDP24-012, subject to the following conditions:

1. [Authorization Limited to Plan Set]
This authorization is granted based on the applicant’s submitted plans dated December 10, 2024 and so identified by the staff of the Del Mar Planning Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.

Approval of this Revision Map RM22-001 and Coastal Development Permit CDP24-012 shall not be construed as an authorization by the City to relieve the Property owner of the requirement to comply with the provisions of the Del Mar Municipal Code with respect to abatement of structural nonconformities, as such provisions may apply with future proposals for development. Approval of this Revision Map RM22-001 and Coastal Development Permit CDP24-012 does not constitute or authorize approval of the location or design of the structures depicted thereon.

2. [Permit Expiration]
This Coastal Development Permit shall expire three (3) years from the date of approval or conditional approval by the City Council.

3. [Scenic Easement Deed Restriction- Recordation]
Prior to recordation of the Revision Map RM22-001, the applicant shall record a new Scenic Easement deed restriction against the deed for the Property. The open space deed restriction shall apply to the area as indicated on the submitted plans approved by the City.

The purpose of the deed restriction is to preclude development that would encroach into or cause disturbance to the natural character of the open space area. The deed restriction shall prohibit the development and/or placement of structures, grading, hardscape, walls/fences, landscaping/irrigation, or removal of vegetation in the affected area, unless 23 April 21, 2025 Item 10
Resolution No. 2025-xx

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approved by the City of Del Mar. The covenant document shall be prepared by the City of Del Mar, and recording fees shall be borne by the applicant.

4. [Utility Letters]
Prior to recordation of the Revision Map RM22-001, the applicant shall provide the City with a letter from each public utility holding easements within the Property stating that they have received from the applicant a copy of the proposed Revision Map, and that they object or do not object to the filing of the Revision Map without their signature.

5. [Map Preparation]
The Revision Map RM22-001 shall be prepared and signed by a registered civil engineer or licensed land surveyor. Upon recordation of the Revision Map, the County Recorder shall, within sixty (60) days of recording, transmit a certified copy to the County Surveyor or County Engineer, who shall maintain an index of recorded certificates of correction.

6. [Payment of Deficit Accounts]
Prior to recordation of the Revision Map RM22-001, the applicant shall pay off all existing deficit accounts associated with processing this application to the satisfaction of the City Department of Planning and Community Development.

7. [Name(s) on Map]
At the time of recordation of the Revision Map RM22-001, the name of the person(s) authorizing the map and whose name(s) appears on the map as the person(s) who requested the map, shall be the name of the owner(s) of the subject Property and shall be the same party or parties as shown on the Project applications, unless the Director of Planning and Community Development has approved the substitution of a successor-ininterest to such party or parties.

8. [Compliance with Subdivision Map Act]
The applicant shall submit a Revision Map, which complies with the most current provisions of the Subdivision Map Act and the City of Del Mar Municipal Code Title 24 (Subdivision Ordinance).

9. [Required Document Submittal and Subdivision Guarantee] Prior to the approval of the Revision Map RM22-001 by the City Engineer, the applicant shall provide the City Engineer with a title report, copies of sufficient documentation to verify lot legality and current ownership, and a subdivision guarantee from a qualified title insurance company. The guarantee shall have a minimum $1,000 liability coverage and in a form acceptable to the Planning Director and City Engineer.

10. [Indemnification]
With this approval Applicant acknowledges and agrees that applicant shall defend, indemnify and hold harmless, the City of Del Mar, and its elected and appointed boards, commissions, committees, officials, officers, employees, and agents (collectively, the City Indemnified Parties) from and against any and all claims, lawsuits, actions, or proceedings to attack, review, set aside, void, or annul the City’s decisions relating to the applicant’s project, or from any proceedings, acts, or determinations taken, done, or made prior to the 24 April 21, 2025 Item 10
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City’s decisions relating thereto, or to determine the reasonableness, legality or validity of any condition attached thereto, including, but not limited to the City’s approval of Revised Map (RM22-001), Coastal Development Permit (CDP24-012), and/or Environmental Assessment (EA24-001), which claims, lawsuits, actions, or proceedings are brought within the time period provided for in California Government Section 66499.37. Applicant further acknowledges and agrees that applicant shall defend, indemnify and hold harmless, the City Indemnified Parties from and against any and all claims, lawsuits, actions, or proceedings to attack, review, set aside, void, or annul the City’s decisions relating to the environmental review conducted in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.), in conjunction with any approval granted by the City Indemnified Parties concerning the applicant’s project, which claims, lawsuits, actions or proceedings are brought within the time periods provided for in California Public Resources Code Section 21167.

Biological Resource Conditions/Mitigation Monitoring and Reporting Program (MMRP):

BIO-1: Monarch Butterfly.

Prior to any vegetation removal and/or development within the area to be removed from the existing Scenic Easement, the Project applicant shall ensure the following actions are undertaken to avoid or minimize potential direct and indirect impacts to monarch butterflies:
a. Conduct an overwintering site survey to determine if monarch butterfly are using the existing gum trees for roosting or if the site is otherwise suitable for overwintering.
b. If the site is shown to support, or likely to support, overwintering monarch butterflies, site-specific mitigation measures will be developed. These measures will include:
• If possible, site disturbance and construction activity that would impact Eucalyptus trees on-site shall not occur during the monarch butterflies’ fall and winter migration period (October 15 through February 29). • If tree or vegetation removal or site disturbance is required during the monarch butterflies’ fall and winter migration period (October 15 through February 29), a City-approved biologist familiar with monarchs and monarch overwintering habitat shall conduct focused surveys for monarch colonies within the identified overwintering site and will identify any colonies found within seven (7) days of proposed vegetation removal or site disturbance or when known monarch overwintering is occurring at other locations within the region. If monarch butterflies are detected, development shall be postponed until after the overwintering period or until the City-approved biologist determines monarch butterflies are no longer using the trees for overwintering.

To provide further protection to non-overwintering populations and/or adjacent overwintering populations, no Asclepias curassavica (tropical milkweed) shall be allowed 25 April 21, 2025 Item 10
Resolution No. 2025-xx

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in any planting palettes for the Project. To contribute to local monarch butterfly conservation efforts, native nectar-providing plant species will be incorporated into landscaping following construction activities, such as those recommended in the Monarch Butterfly Nectar Plant List for Conservation Plantings, to enhance local nectar sources (Xerces Society 2024)
BIO-2: Legless Lizard.

Prior to vegetation removal and/or development of the area proposed to be removed from the Scenic Easement, a preconstruction survey shall be required no more than fourteen (14) days prior to soil disturbance. The survey shall be conducted when soil temperatures are between 60- and 70-degrees Fahrenheit. If southern California legless lizards are identified, a qualified biologist with an appropriate Scientific Collecting Permit shall relocate individuals to suitable habitat outside of the project footprint.

BIO-3: Nesting Birds and Raptors.

Prior to vegetation removal and/or development of the area proposed to be removed from the Scenic Easement, the following nesting bird mitigation requirements shall be implemented:
a. If possible, site disturbance and construction activity shall not occur during the nesting bird breeding season (February 1 through August 31; January 1 through June 30 for raptors).
b. If activities associated with vegetation removal, construction, or grading must be conducted during the bird nesting/breeding season (February 15 through August 31), a qualified biologist shall conduct surveys for active nests.

Preconstruction nesting bird surveys shall be conducted no more than three (3) days prior to the start of clearance/construction work. If ground-disturbing activities are delayed, additional preconstruction surveys should be conducted such that no more than three (3) days have elapsed between the survey and ground-disturbing activities.
c. Active nests found within 100 feet of the construction zone shall be delineated with highly visible construction fencing or other exclusionary material that would inhibit entry by personnel or equipment into the buffer zone. The size of the buffer zone shall be at the discretion of the qualified biologist and shall be no less than 25 feet. Raptors may require a larger buffer zone, up to 300 feet. Installation of the exclusionary material will be completed by construction personnel under the supervision of a qualified biologist prior to initiation of construction activities. The buffer zone shall remain intact and maintained while the nest is active (i.e., occupied or being constructed by at least one adult bird) and until young birds have fledged and no continued use of the nest is observed, as determined by a qualified biologist. The barrier shall be removed by construction personnel only at the direction of the biologist.
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BIO-4: Indirect Impacts to Aquatic Resources.

Prior to vegetation removal and/or development of the area proposed to be removed from the Scenic Easement, measures shall be in place and/or planned during construction activities to address potential indirect effects on the aquatic resource located outside of the area to be removed from the Scenic Easement. Silt fencing, sandbags, or other debriscatching methods shall be used during any construction within this area to prevent construction materials and debris from entering nearby drainages.

BIO-5: Protected Trees.

Prior to vegetation removal and/or development of the area proposed to be removed from the Scenic Easement, the applicant shall identify the number, species, and size of trees in the area, all of which are considered protected per the Del Mar Municipal Code (DMMC).

Any protected tree proposed for removal shall be replaced with a tree of the same species and be indicated in a covenant on the Property on which the tree is located. The replacement tree shall not be eligible for removal in accordance with DMMC Section

23.50.090(A)(1),until it has attained a circumference of at least twenty (20) inches when measured two (2) feet above ground level. The number and species of replacement trees required shall be determined by the City (Planning and Community Development Director or Design Review Board) in accordance with the Tree Mitigation Replacement Scale. If onsite replacement is not suitable due to site constraints, such as the location of existing structures and vegetation, then payment to the City’s Tree Mitigation Fund is required.

Each required replacement tree shall be equal to the estimated cost required to buy, transport, and plant a 15-gallon, 24- or 36-inch boxed tree of a species and size to be determined by the City.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on this 21st day of April, 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
27 April 21, 2025 Item 10
Resolution No. 2025-xx

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ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of April 2025 by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
28 April 21, 2025 Item 10

ATTACHMENT B
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EXHIBIT B AREA L ATTACHMENT C
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ATTACHMENT D
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ATTACHMENT E
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ATTACHMENT F
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Dear City Council Members and Neighbors, April, 2025
Thank you for the opportunity to review the boundaries of the Scenic Easement on our property at 1201 Cuchara Dr. We initiated this project over 5 years ago at the encouragement of Dwight Worden, and we’re grateful for the continued support and time dedicated to partnering, reviewing, and revising our proposal by the City, the Planning Commission and our neighbors.

As drawn, the current Scenic Space Easement (established in 1978) is highly restrictive, covering our entire property, and inconsistent with the boundaries established for it in the Community Plan. Unfortunately, it does not aPord us the opportunity to build outside of the current envelope of our existing home even though there is adequate space, we are well below our FAR, and the intention of the easement was to preserve specifically the South boundary of our property and the community’s view of that canyon and the Pinnacle.

Unfortunately, over the last few years, we’ve had to confront the reality of providing care for our aging parents. We’ve spoken with friends and neighbors in similar circumstances who have either expanded the footprints of their homes or built accessory dwelling units as an option to provide housing to family members and caregivers. We are requesting to modestly modify the boundaries of the Scenic Space Easement adjacent to our home and driveway, with little impact on the open space or natural resources to provide us the opportunity to build an accessory dwelling unit.

A little background on our family. . .we originally moved to Del Mar nearly 35 years ago, attended college at UCSD, and immediately fell in love with the city during our time here. Our daughter was born in town 16 years ago and is currently a sophomore at Torrey Pines HS. As long-time residents of Del Mar, it’s unique character and culture are special to us. One of the primary features that drew us to our home was the open space provided by the canyon to the South and the beautiful sighting alongside the sandstone outcropping known as the ‘Pinnacle’. We will continue to care for those landmarks for the benefit of both our family as well as the community, as we have for nearly 10 years.

We’ve worked closely with the City to understand the potential impacts of this modification, and hired experts who are known and trusted in Del Mar to help us analyze the viability of our plan. Sowards & Brown Engineering, GEI Consultants (soil engineering), and SWCA Biologists have all thoroughly assessed the property and provided the Scenic Easement Exhibits, a Feasibility Study, and an Environmental Assessment and recommendations respectively. We believe strongly, that after several iterations and years working on the proposal, we’ve landed on a solution that is consistent with Community Plan’s original intent, allowing us to potentially build an ADU while ensuring the long-term viability of the sandstone outcropping and preserving the natural open space to conserve the integrity of the neighborhood and its view of the Pinnacle.

ATTACHMENT G
82 April 21, 2025 Item 10
Our proposal incorporates the feedback from the City Planning Department, City Attorney’s OPice, our neighbors, and the Planning Commissioners, and we’re again grateful for their support and endorsements. The Planning Commission outlined a few conditions in their unanimous recommendation to approve our proposal, which takes those into account, and we have every intent to follow them, whether they are oPicially adopted or not.

Fortunately, all of the Planning Commissioners were able to visit our site in person to gain further insight and understanding of our plans and how we’ve strived to mitigate the impact to the open space and our neighborhood as much as possible. We invite and encourage the Council Members to do the same, and we will make ourselves available and work around any scheduling restrictions they might have if they choose to do so.

Thanks again for your time, sincerely,
The Weber Family
[email protected]
619.517.0607
83 April 21, 2025 Item 10
Alison and Amit Hazan
629 Rimini Rd. Del Mar, CA 92014
Del Mar Planning Commission
City of Del Mar Town Hall
1050 Camino Del Mar, Del Mar, CA 92014
RE: Support for Mark and Laura Weber ADU Project and Tree Removal - Del Mar Commission Agenda Item #2
To Whom it may Concern:

We are the owners/residents of 629 Rimini Road and we are writing to express our wholehearted support for the proposed Accessory Dwelling Unit (ADU) project by our neighbors, Mark and Laura Weber, located at 1201 Cuchara Drive in Del Mar.

In addition to our desire to support the ADU for the clear benefit of their family, our support for this project is particularly underscored by the necessity of removing several large eucalyptus trees on their property. As concerned residents and parents of two young children (ages 7 and 11) who often play near these trees (our property line literally runs into the adjacent canyon and the kids are there often to retrieve balls), we are well aware of the potential dangers associated with eucalyptus trees, both due to the fire risk they pose and also as highlighted by recent falling branch incidents reported in local news sources.These specific trees on the Weber property have grown to be quite substantial and thereby now pose a real risk to our neighborhood.

For instance, the news article on Fox 5 San Diego
(https://fox5sandiego.com/news/local-news/eucalyptus-trees-topple-onto-scripps-ranch-condobuilding/) details a distressing incident where eucalyptus trees toppled onto a Scripps Ranch condo building, posing a significant risk to the residents. Additionally, the CBS 8 report (https://www.cbs8.com/article/news/local/working-for-you/falling-eucalyptus-trees-posing-dan ger-ucsd-students-and-their-families/509-b3c1ee73-346c-4b1f-85ff-de2e9912d4e1) highlights the dangers of falling eucalyptus trees, specifically posing a threat to UCSD students and their families.

The urgency of the matter is further underscored by the tragic incident reported by Fox 5 San Diego (https://fox5sandiego.com/news/local-news/tree-falls-on-woman-in-balboa-park/), where a tree fell on a woman in Balboa Park, resulting in a loss of life. This unfortunate event emphasizes the serious and potentially fatal consequences of not addressing the risks associated with unstable trees in our community.

These incidents serve as stark reminders of the potential harm and safety risks associated with eucalyptus trees. Given these concerns and the proximity of these trees to our homes, especially where young children are regularly playing,weI believe the removal of these trees as part of the Weber’s ADU project is not only justified but imperative for the well-being of our community.

We trust that the Planning Department will carefully consider the safety concerns raised by the removal of these hazardous eucalyptus trees during the evaluation of this project. We 84 April 21, 2025 Item 10
Alison and Amit Hazan
629 Rimini Rd. Del Mar, CA 92014
appreciate your attention to this matter and your commitment to ensuring the safety and welfare of our community members.

Please feel free to contact us if you require any additional information or if we can be of assistance in any way during the evaluation of this project.

Thank you for your time and consideration.

Sincerely,
Alison and Amit Hazan
629 Rimini Rd
85 April 21, 2025 Item 10
From: Warren Kneeshaw <[email protected]>
Sent: Saturday, March 2, 2024 9:12 AM
To: mark Weber
Subject: Planning Commission Application
Mark and Laura,
Thank you for briefing us on your project. We are fully supportive. In particular, we agree with the Planning Commission that this change will have minimal environmental impact. Further, given that we reside in a “Wildland – Urban Interface” zone, the removal of Eucalyptus trees would actually reduce fire hazard risk for the community. Of note, Eucalyptus trees are not indigenous to California, and are not on the recommended tree list of the City of Del Mar.

Thanks, and best of luck with your project.

Warren and Leslie Kneeshaw
692 Rimini Road,
Del Mar, CA
86 April 21, 2025 Item 10
From: Jim Blasingame <[email protected]>
Sent: Saturday, March 2, 2024 7:38 PM
To: Mark Weber
Subject: Note to Mark Weber regarding new ADU project 1201 Cuchara March 2, 2024

Mark,
Thanks for coming over last evening and discussing your planned ADU. As you note, the planned location has moved back to the site originally selected. From your description we have no concerns regarding view limitations or appearances of the structure. We are happy to support your efforts and are willing to convey this to the City of Del Mar. You may forward this to the City if you wish, or I can communicate directly with the City. At one point, the City told me that there was a “no build” easement on that area, but when pressed by me, they could not come up with it. I did find that somewhat odd at the time but, easement or not, we support your project as long as we clearly address our concerns regarding our utilities now and in the future.

As you know, what is now three lots was originally one lot with our house. As such the gas, sewer, and water lines all ran to our house from Cuchara, even though our address is on Rimini. Electricity was only recently undergrounded. I do not have clear drawings of the location of all these lines.

Our concerns, as discussed last night and back in 2020, have to do with these utility lines. The first concern is that they be appropriately engineered and relocated to avoid your structure. The second concern is the expense of future repairs to any of the lines given that they may be close to the ADU and now run under a cement driveway versus simply dirt. We would need some sort of legal agreement that we or the future owners of our property are protected from the increased cost of repairs or mandated upgrades given the course of the lines.

Thanks
Jim and Laurie Blasingame

87 April 21, 2025 Item 10
From: Rick Lasch <[email protected]>
Sent: Tuesday, March 5, 2024 9:22 AM
To: [email protected]
Subject: 1201 Cuchara project
Del Mar Planning Commission / City Council
It is the purpose of this letter to support Mark and Laura Weber in their proposed project at 1201 Cuchara Dr.

We have lived on Cuchara Dr for over 60 years so know the neighborhood intimately.

I have known Mark and Laura for many years. Having seen the care and attention given to all their endeavors, I am confident that this project will be in keeping with the character of Del Mar and a very positive addition to neighborhood.

Sincerely,
Rick Lasch and Family
1130 Cuchara Dr
88 April 21, 2025 Item 10
From: mark weber <[email protected]>
Sent: Wednesday, September 4, 2024 9:39 AM
To: Jean Crutchfield
Subject: FW: 1201 Cuchara Drive
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.

Hey Jean.

Hopefully a couple more to come, but here’s another letter of support.

This is from Josie Michalak, who overlooks our house / the Pinnacle / and the canyon running between us from the Amphitheatre side.

Thanks,
mark
From: Josie Michalak <[email protected]>
Date: Wednesday, September 4, 2024 at 9:04 AM
To: [email protected] <[email protected]>
Subject: 1201 Cuchara Drive
Del Mar Planning Commission/City Council,
I am writing to express our full support for Mark and Laura Weber and their project on 1201 Cuchara Dr.

Mark has gone over the plans with us in detail. Our home on Amphitheatre backs up to the shared "Wildlands - Urban Interface." We are confident that the Webers will give great detail and attention to the project and are not concerned with the removal of a couple of trees.

Thank you for your commitment to Del Mar. We are confident that this will only increase the property values of the community without disturbing any of the beautiful aesthetics of the property.

All the best,
Josie and Chris Michalak
574 Amphitheatre Dr
Del Mar, CA 92014
89 April 21, 2025 Item 10
From: [email protected]
Sent: Tuesday, March 5, 2024 1:20 PM
To: [email protected]
Cc: Mark Weber
Subject: PLANNING COMMISSION, ITEM 2, 1201 Cuchara
Honorable Members:

We are writing to support the Planning Commission's recommendation to the City Council that they approve amending Map RM22-001 and CDP24-0121 and to modify an open space easement by amending Parcel Map TPM-77-03. This amendment would give the applicant more useable area to develop WITHOUT changing the size of the lot.

The proposed ADU development is nicely sited on the lot and it makes a lot of sense to modify the open space easement in order to use some of it. As an additional benefit, a few very old and large eucalyptus trees will be removed, leaving some in place, and thus reduce the potential fire hazard that has increased here in Del Mar over the years since this Map was created. This is an area with many trees that only increase this risk for the "hill"
Thank you for your consideration!
Charles and Julie Pinney
727 Kalamath Drive
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From: Joan Goodman <[email protected]>
Sent: Thursday, September 5, 2024 1:06 PM
To: Planning Mail Box
Subject: 1201 Cuchara Drive
Follow Up Flag: Follow up
Flag Status: Completed
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 - I live at 538 Amphitheatre Drive and overlook the easement you are amending. I obviously do not have a clear picture of how this change will affect my enjoyment of my property as there were no details in the notice you provided. I just wanted to say that I very much appreciate the open space next to my house and have a lovely forested view out of my principal suite. I would not be happy if that was substantially changed. Thank you. Joan Goodman
2 91 April 21, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Undergrounding Program Update, Utility Undergrounding District 1A (Stratford Court South) San Diego Gas & Electric Cost Agreement, Approval of Task Order Amendment with Utility Specialists Southwest, Inc. for Utility Undergrounding District X1A (Crest Canyon), and First Amendment to the Agreement with Utility Specialists Southwest, Inc.

REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:
1) Receive an Undergrounding Program update from City staff with construction updates for Utility Undergrounding District (UUD) 1A (Stratford Court South); 2) Approve the San Diego Gas & Electric (SDG&E) Cost Agreement for UUD 1A (Stratford Court South) with a cost of $1,592,881 (Attachment A); 3) Approve a Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for UUD X1A pre-construction services;
4) Approve the First Amendment to the Agreement with Utility Specialists Southwest, Inc. for as-needed specialized electrical engineering services (Attachment C); 5) Authorize the City Manager to execute the SDG&E Cost Agreement, and Utility Specialists Task Order and Agreement amendments; and
6) Amend the Fiscal Year 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section below.

BACKGROUND:

The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with this report as Attachment D. On July 12, 2021, the City Council authorized the formation of Stratford Court South (1A) and Crest Canyon (X1A). On October 16, 2023, the City Council authorized the formation of Stratford Court North (1B).

Following the public bid solicitation process in mid-2024, the City awarded a construction contract to Teichert Utilities for Stratford Court South (1A) on July 8, 2024. A notice to proceed was issued in August 2024, with an estimated construction completion date of 1 April 21, 2025 Item 11
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Undergrounding Program Updates and Related Actions
April 21, 2025

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March 2025. The Cityís undergrounding construction activities are primarily for trenching and installation of conduit and substructures. Additionally, completion of the project necessitates close coordination with the utility companies ñ SDG&E, AT&T, and Charter Communications/Spectrum.

For Crest Canyon (X1A), SDG&E and the City are preparing for the bidding process with construction expected to begin in fall 2025, pending the availability of financing. For Stratford Court North (1B), the design is currently at 60% with SDG&E with construction anticipated in 2027 depending on available funding.

On March 3, 2025, the Council passed a motion to direct staff to submit a pre-application to IBank for a $17 million loan over a 10-year borrowing term and directed staff to bring back the required Borrowerís Resolution for Council consideration. Additionally, staff was directed to evaluate a $15 million loan over a 15-year borrowing term with the goal of keeping completion of Stratford Court North (1B) on schedule to occur in 2027.

DISCUSSION/ANALYSIS:

Stratford Court South (1A) Project Updates
A. General Updates. The City's construction activities are progressing mostly on schedule with substantial completion expected this month. Property owners are progressing with the installation of service lateral conduits with most on track for overall completion by May 2025.

On March 3, 2025, City Council established the date of May 14, 2025, by which properties must be ready to receive underground service in the district. The next step after all property ownersí complete installation of their lateral conduits is for the utility companies to complete the installation of their wires underground and then proceed with removing the utility poles.

Telecommunication companies are currently working in work zone 1 and will begin construction in work zones 2 and 3 soon. SDG&E plans to begin their construction activities in May 2025, following the conclusion of their bidding process in April 2025. SDG&Eís current schedule anticipates energization of the new system by September 2025 with pole removals following soon after for overall project completion in Fall 2025. Furthermore, staff will return with a subsequent resolution to establish the date by which all overhead facilities, including utility poles, overhead wires, and associated overhead structures in the UUD shall be removed.

B. Project Coordination and Public Communications. The project involves multiple forms of coordination and communication, as it includes more stakeholders than a typical capital project. These stakeholders include the City project team, City staff, the City contractor (Teichert Utilities), utility companies (SDG&E, AT&T, 2 April 21, 2025 Item 11
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Undergrounding Program Updates and Related Actions
April 21, 2025

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Spectrum/Charter, and Crown Castle), property owners with laterals, and residents in general. The City project team consists of the Undergrounding Program manager and consultant construction managers, and other City staff include the Cityís arborist and utility workers. There are fifty-four properties (which include seventy-four homes or buildings) requiring undergrounding of their private service lateral. Additionally, there are 464 residences within the district and the Winston School. Managing these multiple stakeholders requires careful planning and constant communication.

Staff has employed a multi-faceted public communications approach to reach out to residents in the district. After the construction contract is awarded by the Council, staff sends a project update letter to notify the district of the upcoming construction and schedules a neighborhood meeting. The neighborhood meeting provides residents with an overview of what to expect during construction and to address any questions they may have. Prior to construction, the contractor distributes door hangers with the anticipated project schedule. For road and driveway closures, a forty-eight-hour notice is typically required. However, Teichert Utilities has been accommodating local access with just fifteen to thirty minutes notice.

Staff also posts monthly construction notices on the Cityís website (https://www.delmar.ca.us/913/Construction-Updates) and sends e-blasts via the Cityís Notify Me system (https://www.delmar.ca.us/list.aspx) for the ìUUD 1A Stratford Court S Project.î Additionally, the project team coordinates and provides specific notices to property owners requiring the undergrounding of their private service laterals.

Overall, staff has received positive feedback regarding professionalism, communications, and friendly demeanor of the project team and Teichert Utilities.

Teichert Utilities has noted that most residents are also friendly and understanding of the construction, which reflects the proactive communication efforts made by the project team prior to construction to help residents understand what to expect.

However, no project is without some challenges. Coordination with the Winston School and Del Mar Community Connections (DMCC) should have been better, particularly regarding driveway closures, which require careful planning on their end for school pick-up/drop-off and DMCC access. Moving forward, the project team will coordinate with special property uses during design to identify their needs and avoid coordination issues during construction.

Additionally, there has been some frustration in coordinating with residents regarding trees and landscaping that require trimming or removal in front of their properties. To address this, the project team will plan for early coordination and landscaping details discussions with residents during construction. In addition, 3 April 21, 2025 Item 11
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April 21, 2025

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staff has developed a building information document (Attachment E) for property owners requiring the undergrounding of their private service laterals to address confusion about the building permit requirement. Lastly, with ongoing construction, some residents are experiencing construction fatigue and have expressed frustration over the prolonged work. However, this is an inherent challenge with large-scale projects.

C. Teichert Utilities Construction Crews. The following is a description of how Teichert Utilities organizes its construction crews for informational purposes. At the top, a project manager oversees the entire project, including contract administration.

Reporting to the project manager is a superintendent, who is responsible for overall field construction and supervises the various crews. The project manager and superintendent work closely with the Cityís construction managers and Undergrounding Program manager, holding weekly meetings to ensure coordination and project success. Each crew is led by a foreman who manages a team of laborers. Crews typically range from 3 to 10 members and are assigned to specific tasks such as trenching, traffic control, surface improvements, and restoration. At peak times, there were up to 31 crew members on-site. The primary crew is the trenching crew, which consists of machine operators, manual laborers, and trucking personnel. Machine operators handle excavators, backhoes, roller drum compactors, and jumping jack compactors. Manual laborers perform tasks such as hand digging trenches and potholes, chipping structures, placing conduit and substructures, spreading base material, paving asphalt, and placing cold mix.

Trucking personnel use 10-wheelers to haul away spoils. Surface improvement and restoration crews perform tasks such as constructing retaining walls, flatwork, curbs, gutters, resetting of traffic signs, irrigation repairs, and hydroseeding.

D. Challenges and Unforeseen Field Conditions. The project has encountered numerous challenges and unforeseen field conditions throughout its progress.

Attachment F preliminarily outlines the challenges encountered and lessons learned. Utility conflicts have included abandoned water mains and encasements, unmarked and abandoned utilities, conflicts with SoCal Gas, and sewer force main issues. Additional challenges included the timing for the Storm Water Pollution Prevention Plan (SWPPP), the need for AT&T Christy boxes at intercepts, additional handholes, retaining walls interfering with anchor placements, and vandalism of concrete work. However, Teichert Utilities has collaborated effectively with the City to address these issues, requiring careful navigation and creative solutions. Fortunately, the sequencing of work zones was planned from less to more challenging, allowing the team to adapt as the project progressed.

Unforeseen field conditions often lead to change orders. If a change order requires significant plan modifications, SDG&E requires a field change order (FCO) (i.e., design revisions). Processing these FCOs has proven challenging, as SDG&E may require up to seven weeks for approval. Additionally, if a change order results 4 April 21, 2025 Item 11
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in net additional work, the City must process an additive change order for the associated costs. The City has primarily incurred costs for change orders related to utility conflicts, additional exploratory potholing to locate unknown utilities, and additional Christy boxes and handholes. The most significant change order involved a 20-inch abandoned water main running the full length of Stratford Court, with one segment encased in concrete. Fortunately, staff identified a solution that avoided the need to remove the water main, saving the City approximately $300,000.

The project team has successfully avoided other additive change orders by identifying issues through exploratory potholing and processing SDG&E field change orders before Teichert Utilities proceeded with construction in certain segments. These included realignments in Little Orphan Alley, Melanie Way, and portions of Stratford Court. Since the work did not result in significant changes, additional costs were avoided, aside from those associated with additional exploratory potholing. Furthermore, Teichert Utilities has worked closely with the project team to adjust the construction schedule, mitigating delays and thus avoiding additive change orders.

While unforeseen field conditions always pose some risk, the City allocates project contingency to manage such risks. The City has set aside a 10% project contingency ($511,531) for change orders, with only an estimated 2.5% spent so far. However, it is important to note that there is a 60-day lag time on invoices.

Strategic decision-making has been essential in minimizing costs and delays, ensuring the project progresses efficiently.

On January 6, 2025, staff and SDG&E presented the SDG&E Roadmap and Lessons Learned to the City Council. For additional lessons learned during design, please refer to the agenda report (Item 7 ñ UP SDG&E Roadmap staff report).

Staff plans to schedule a debrief with the UPAC and City Council upon the completion of the project.

Stratford Court South (1A) SDG&E Cost Agreement
SDG&E provided the Stratford Court South (1A) cost agreement to City staff on April 4, 2025, with a final pre-construction estimate amount of $1.6 million (Attachment G), which is the initial cost due to SDG&E. The Cityís contract with SDG&E is based on actual cost billing for the installation of cable and connections, service cutovers, pole removals, and engineering and inspection fees. The City is responsible for trenching and the installation of conduit and substructures. As part of the actual cost billing process, SDG&E provides the City with an initial estimated cost invoice prior to construction, followed by a final reconciliation invoice based on actual costs after construction is completed.

In March 2024, SDG&E provided the City with a pre-bid cost estimate of $3.6 million (Attachment G). Thus, the initial estimated invoice for Stratford Court South (1A) is $2 5 April 21, 2025 Item 11
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Undergrounding Program Updates and Related Actions
April 21, 2025

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million less, or 55% lower, than the pre-bid cost estimate. Furthermore, SDG&Eís initial estimated invoice represents $145 per linear feet of trench.

For the Tewa Court/10th Street project, SDG&Eís final reconciliation invoice was 66% higher than the initial estimated invoice. However, the Tewa Court/10th Street project was small enough for SDG&E to bill on a time-and-materials basis, whereas the upcoming districts, including Stratford Court South (1A), are large enough where they will obtain fixed bids. The fixed bid process will offer more control over reconciled costs, as any changes in costs will be limited to change orders due to unforeseen field conditions, the need for specialty inspections, or other unanticipated costs during construction. SDG&E also includes a 15% contingency in the initial estimated invoice to account for change orders.

For comparison, SDG&Eís final cost for the Tewa Court/10th Street project was $244,595, which represents $182 per linear feet of trench. The California Construction Cost Index (CCCI) has increased by 21% since the approval of the Tewa Court/10th Street SDG&E cost agreement in February 2022. When applying the CCCI increase, the cost per linear feet of trench is adjusted to $219. As such, SDG&Eís initial estimated invoice for Stratford Court South (1A) is 34% lower than SDG&Eís final Tewa Court/10th Street costs on a linear feet of trench basis when adjusted for inflation. However, it is important to note that this metric is a simplified view, as multiple cost drivers (e.g., poles, transformers, homes, etc.) contribute to the overall cost.

For the next project, Crest Canyon (X1A), SDG&E provided a pre-bid cost estimate of $4.9 million (Attachment H). Given that SDG&Eís initial estimated invoice for Stratford Court South (1A) is 55% lower than the pre-bid estimate, staff believe the pre-bid cost estimate for Crest Canyon (X1A) is conservative and will ask SDG&E to re-evaluate the estimate based on the most recent bid results. For comparison, an estimate of $3.3 million has been developed by staff using the SDG&E costs from Stratford Court South (1A), with a 30% contingency and one year of inflation applied. Note that, unlike Stratford Court South (1A), Crest Canyon (X1A) includes cable poles, and as such, this specific line item of the SDG&E cost estimate remains unchanged. Regardless, the results of the Crest Canyon (X1A) bidding process, for both the City and SDG&E, will serve as another milestone in refining the program cost estimate.

For the Undergrounding Program, the overall program estimate will significantly decrease, as staffís original SDG&E estimate for future districts was based on the Stratford Court South (1A) pre-bid estimate on a per linear feet basis for overhead or trench, if available. The updated cost estimate for the Undergrounding Program, using the revised SDG&E costs for Stratford Court South (1A), now ranges from $91.4 to $93.0 million, adjusted to the current year (2025), as shown in Attachment I. This represents a reduction of $15.6 million to $17.2 million compared to the previous cost estimate, once adjusted for inflation to the current year. However, the Undergrounding Program estimate will be revisited based on the results of the Crest Canyon (X1A) bidding process for both 6 April 21, 2025 Item 11
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Undergrounding Program Updates and Related Actions
April 21, 2025

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the City and SDG&E, as well as once specific estimates are developed for Stratford Court North (1B).

The total project cost for Stratford Court South (1A) is now estimated at $8.06 million, reflecting the cost decreases related to SDG&E. Attachment J includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison. The cost estimate still includes a 10% project contingency to cover change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction. The estimated cost per linear feet of overhead conversion is now $1,075, while the estimated cost per linear feet of joint trench is $722. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management services during construction.

Crest Canyon (X1A) and Stratford Court North (1B) Project Updates The design for Crest Canyon (X1A) is complete and SDG&E has received all necessary easements. SDG&Eís bidding process will take approximately five months, after which the City will receive the cost agreement with a preliminary invoice. Based on this timeline, staff currently estimates a City construction contract award and the SDG&E cost agreement by September 2025. Concurrently, staff is also working on finalizing easements for AT&T and Spectrum/Charter. Staff is also preparing what is expected to be the final Utility Specialists task order amendment to wrap up pre-construction services in preparation for bidding and construction.

The 60% design for Stratford Court North (1B) has been submitted by SDG&E. Staff and the consultant team are now working on next steps including formal design review; environmental review; extensive homeowner outreach; distribution of preliminary lateral and easement exhibits for homeowners to reference along with permit-to-enter forms for signature; and preparation of the City civil and telecommunications design. Completion of upcoming preconstruction and bidding activities will cumulatively take approximately 13-18 months with construction anticipated in 2027, contingent upon the City receiving the necessary easements and permit-to-enter forms from property owners.

Crest Canyon (X1A) Task Order Amendment and First Amendment to the Agreement with Utility Specialists
A Task Order Amendment for Utility Specialists Southwest, Inc. is necessary to cover the cost of additional pre-construction services for UUD X1A. The additional pre-construction services include costs related to additional time for civil improvement plan revisions and enhanced communication and coordination with residents and SDG&E during the preconstruction phase. This includes preparation and additional revisions of homeowner lateral and easement exhibits, frequent updating of homeowner database, homeowner communications, and coordination with SDG&E beyond what was originally anticipated. 7 April 21, 2025 Item 11
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April 21, 2025

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The City previously allocated funds and issued a task order to Utility Specialists Southwest Inc. for pre-construction activities related to UUD X1A. To continue implementing the Councilís prior direction related to enhanced coordination/communications with residents prior to construction for the UP, the task order with Utility Specialists needs to be amended and increased funding authorized. The proposed UUD X1A task order amendment is for $16,960, raising the task order total to $910,652 (5.4% of estimated project cost) for preconstruction activities, which are further described in Exhibit A to Attachment B.

Attachment K includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison.

Due to an administrative oversight, the contract with Utility Specialists expired before an extension was executed. However, the work remained critical to the implementation of the UP and continued without interruption to prevent delays. For these reasons, staff recommends retroactive approval of a First Amendment to the Agreement to extend the term for an additional one-year period ending on December 16, 2025. Staff will release a Request of Proposal (RFP) for Design Services in September 2025, and execute a subsequent agreement to continue the work after the expiration of this Agreement.

Undergrounding Program Financing Updates
Staff is preparing the IBank loan pre-application packet as directed by the City Council with the goal of submitting it to IBank by the end of April 2025. Staff will return to the City Council at a future meeting to provide the required Borrowerís Resolution related to the financing for consideration. Furthermore, staff will also return with an updated cash flow analysis for Crest Canyon (X1A) and Stratford Court North (1B) based on the recent updates from SDG&E for Stratford Court South (1A).

FISCAL IMPACT:

Approval of the recommended San Diego Gas & Electric (SDG&E) Cost Agreement for UUD 1A (Stratford Court South) (Attachment A) will require amending the Fiscal Year 2024-25 Capital Budget in the amount of $1,592,900 as follows:

There are sufficient funds available in the Fiscal Year 2024-25 Capital Budget for the Crest Canyon (X1A) project to perform the $16,960 in additional pre-construction work included in the proposed task order amendment without an amendment to the budget.

ENVIRONMENTAL IMPACT:

Pursuant to requirements of the California Environmental Quality Act (CEQA), a Notice of Exemption (State Clearinghouse No. 2023120205) for the Utility Undergrounding District 1A- Stratford Court South was adopted by Council on December 4, 2023. The agreement

PROJECT FUND ACCOUNT AMOUNT
UUD 1A ñ Stratford Court South Measure Q 02.7000.7202 $1,592,900 Total Funding $1,592,900
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Undergrounding Program Updates and Related Actions
April 21, 2025

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currently being considered to allow SDG&E to complete work within the project including the installation of cable and connections, service cutovers, and pole removals were considered as part of the scope of work covered in the exemption. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary in that there have been no substantial changes proposed involving new significant effects or an increase in the severity of previously identified effects; no substantial changes have occurred with respect to the circumstances under which the project is being adopted; and no new information has demonstrated that new significant effects will occur.

Pursuant to requirements of the California Environmental Quality Act (CEQA), a Notice of Exemption (State Clearinghouse No. 2024101301) for the Utility Undergrounding District X1A- Crest Canyon Undergrounding District was adopted by Council on October 7, 2024.

The task order being considered for pre-construction work by Utility Specialists Southwest, Inc. falls under the scope of work considered for the exemption. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary in that there have been no substantial changes proposed involving new significant effects or an increase in the severity of previously identified effects; no substantial changes have occurred with respect to the circumstances under which the project is being adopted; and no new information has demonstrated that new significant effects will occur.

All other information covered in this staff report were updates which does not constitute a ìProjectî subject to CEQA Guidelines Section 15262 since there were no actions to be taken.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FY 2024-2025.

ATTACHMENTS:

Attachment A - Stratford Court South (1A) SDG&E Cost Agreement Attachment B ñ Utility Specialists Southwest, Inc. Task Order Amendment Attachment C ñ First Amendment to Agreement with Utility Specialists Southwest, Inc.

Attachment D - Undergrounding Program Citywide Map
Attachment E - Undergrounding Building Permit Information Attachment F - Stratford Court South (1A) Challenges and Lessons Learned Attachment G - SDG&E Stratford Court South (1A) Final Cost Estimate Attachment H - SDG&E Crest Canyon (X1A) Pre-Bid Cost Estimate Attachment I - Undergrounding Program Cost Estimate
Attachment J - Stratford Court South (1A) Budget
Attachment K ñ Crest Canyon (X1A) Budget
9 April 21, 2025 Item 11
Submitted to Applicant by: Ilario Romano
SDG&E Job Number(s): 3 -4 3 7 0 0 ,
3 -4 3 6 9 3 , 3 -4 7 4 2 2 1 ,3 - 4 7 4 1 8 3
3 -4 7 4 2 3 1 , 3 -5 9 6 8 4 6 , 3 -4 7 4 1 7 2

AGREEMENT FOR REPLACEMENT OF OVERHEAD

WITH UNDERGROUND FACILITIES
THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and City of Del Mar, hereafter called "Applicant(s)".

WITNESSETH:

WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as 20B CONVERSION - STRATFORD CT SOUTH, located along portions of STRATFORD C T, DEL MAR, CA 92014; and
WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises;
NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows:

1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission.

2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises.

3. This Agreement shall become effective only upon compliance with all of the following conditions:
a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained.
b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles.
c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense.
10 April 21, 2025 Item 11
☒Excavation, backfill and compaction
☒Conduits
☒Concrete substructures
d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein.

Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications.

4. Receipt is acknowledged from Applicant(s) of $ 1,592,881 which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. Said amount also includes a credit of $22,840 for the reinstallation of a concrete pad at 519 Stratford Ct. due to a design error attributable to SDG&E. The conversionwork will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled atcompletion of the work and SDG&E will bill or refund to Applicant any differences larger than $100.

5. In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense.

6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs

3.b) and 3.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized.
c) Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section.

The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement.
d) If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder.

7. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to 11 April 21, 2025 Item 11
Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicant’s project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease.

8. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction.

9. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement.

10. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing theAgreement.

11. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns.

12. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility.

IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be.

APPLICANT: CITY OF DEL MAR,
a municipal corporation
By: ______________________________
Ashley Jones, City Manager
Date: ____________________________
Address: 1050 Camino Del Mar,
Del Mar, CA 92014

SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By: __________________________________

Date Executed: ________________________
3 12 April 21, 2025 Item 11

ATTACHMENT B
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us April 21, 2025
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) ñ PRE-CONSTRUCTION SERVICES (ACCOUNT 02.7000.7203 ñ PO#58-00530)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2025, as revised by Council action on April 21, 2025.

Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon), as described in the Consultantís proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $16,960. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by December 30, 2025, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the Cityís electronic document routing program.

Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order amendment.

Approved by: Accepted by:

City of Del Mar Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Utility Specialists Southwest, Inc. - UUD X1A Pre-Construction Services Scope of Work
13 April 21, 2025 Item 11
Item
# Description US Principal KCM Principal US Sr. PM KCM Sr. PM US Asst PM KCM PM KCM PE Fuscoe Total Cost 1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 4 months with time divided between Districts 1A, X1A & IB. $0
b Prepare agendas, draft and distribute minutes for by-weekly coordination calls. $0 c Attend City Council hearings, if requested by City staff. Assumes attendance at two hearings plus travel. 0.0 0.0 $0 c2 Attend quarterly UPAC meetings during design & bidding phases. Attendance at quarterly in-person meetings (3 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A, X1A & IB. $0 d Prepare X1A status reports and other handout materials, as requested by City staff, for City Council hearings. 0.0 $0 e Assist staff with negotiations with SDG&E and other utility agencies - Assist in obtaining SDGE easements. $0 f Draft and distribute meeting minutes for SDGE and utility meetings and site visits $0 g Filing and document management. 0.0 $0h Assist staff with AT&T and Crown Castle & Spectrum easement eminent domain material preparation. $0 i *Prepare New Equipment Map and Boundary Map $0
Subtotal City and Agency Coordination 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 - $ 2 District X1A Design
a Surveying & Mapping $0
b Concept Layout $0
c Design Coordination for Public ROW $0
* Develop design and construction schedules. Update design schedule periodically. 1/2 hour /week. $0 * Prepare exhibits/technical documents for Phase 3: as required. 743 Crest Rd, "IF" needed, as directed by CDM. $0 * Easement coordination; Permit To Entry (PTE); includes communications/meetings with homeowners as necessary to obtain executed SDG&E and City easements, includes driving time. Compile PTEs and distribute to SDGE. At the direction of City Staff

0.0 $0
* Coordinate with homeowners on AT&T & Crown Castle fourteen (14) total easements $0 d Design Coordination for Private lateral extensions $0 * Revise exhibits/technical documents for Phase 3 $0
e 50% Civil Design - complete. $0
f 100% Civil Design: Allowance for Plats & Legals for Retaining Wall Easements $0 g Improvement Plan Processing $0h Allowance for other design support services, as requested. $0 i Filing and document management. Exhibits. 1.0 $175
Subtotal District Design 0.0 0.0 0.0 0.0 0.0 1.0 0.0 $0 $175 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff to finalize City policy $0 b Draft, in coordination with CDM, Right of Entry request $0 c Draft, in coordination with CDM, homeowner notification letters regarding laterals and easements. Exhibits 2"-inch pipe upsize.

Phase 1. As directed by CDM. 1.0 28.0 $5,095
d Assist City in responding to resident questions (PTE) submitted via the website, by phone or in person. $0 e Finalize format of Customer-Based Tracking and Monitoring Database 3.0 $525 f Populate database with property owner and resident contact information: Periodic repopulation of database with more current owner information from GIS and water billings have been required. $5,000 $5,000 g Regular updates to the database with project status and homeowner communications. Includes tracking and reports, assumed at approximately 1 hours average—per month. 1.0 $175
h Schedule, coordinate, PowerPoint and lead neighborhood meeting $0 Rev 4/15/2025
City of Del Mar Undergrounding Program - Task Order #03d- District X1A Add Hours Task Order #03d Services - District X1A Crest Remaining to Complete Task Order #03d includes additional services highlighted below from December 2024 through Bid package completion through March 2025 14 April 21, 2025 Item 11
Item
# Description US Principal KCM Principal US Sr. PM KCM Sr. PM US Asst PM KCM PM KCM PE Fuscoe Total Cost Task Order #03d Services - District X1A Crest Remaining to Complete i Draft, in coordination with CDM, district design and bidding status update letters to residents. Assumed sent out quarterly. $0 j Provide technical content and status updates for use in periodic media outreach and website updates. $0 k Draft, in coordination with CDM, hearing notification to residents for City Council decision on progressing into construction. $0 l Filing and document management. 1.0 $175
Subtotal Resident Interface and Communications 0.0 0.0 0.0 1.0 0.0 33.0 0.0 $5,000 $10,970 4 Public Bidding Support
a Preparation of front-end bid documents, bid items, and special terms and conditions. As requested by the City. 2.0 22.0 $4,240 b Publish Notice Inviting Bids. $0
c Contact potential bidders and distribute bid package. 1.0 $175 d Coordinate and manage Pre-Bid meetings. Based on experience, this is a City task. $0e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 8.0 $1,400
f Coordinate and manage Bid Opening meeting. Based on experience, this is a City task. $0 g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. Based on experience, this is a City task. $0
Subtotal Public Bidding Support 0.0 0.0 0.0 2.0 0.0 31.0 0.0 $0 $5,815 Total Hours During Design & Bidding 0.0 0.0 0.0 3.0 0.0 65.0 0.0 Average Hours per Week (based upon 4 month schedule) 0.0 0.0 0.0 0.2 0.0 4.1 0.0 Rate Per Hour $190 $215 $180 $195 $120 $175 $165
Total Cost During Design & Bidding $0 $0 $0 $585 $0 $11,375 $0 $5,000 Total Estimated Cost for Remaining to Complete Design & Bidding Exclusions
Attendance at Meetings/Hearings not Specifically Included Graphic Design will be a Reimbursable Expense Summary of District X1A Design Task OrdersNotifications to property owners regarding consequences of refusing to underground Direct Mail will be a Reimbursable Expense TO #03 Approved $663,985 Participation in enforcement actions on homeowners refusing to underground GIS Support and GIS Exhibits TO #03a Approved $67,100Management of private lateral undergrounding excluded – assumes coordination only City Resident Engineer Inspections TO #03b Approved $104,852 Communications Subconsultant Support - to be provided by City Consultant TO #03c Approved $57,755 Social Media Development, Operations - Assume by City TO #03d Pending $16,960 New Total $910,652
$16,960
15 April 21, 2025 Item 11

ATTACHMENT C

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND UTILITY SPECIALISTS SOUTHWEST, INC.

FOR AS-NEEDED SPECIALIZED ELECTRICAL ENGINEERING SERVICES

RELATED TO IMPLEMENTATION OF A CITYWIDE UNDERGROUNDING

PROGRAM
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 17th day of December, 2025, by and between the City of Del Mar, a Charter City and municipal corporation (ìCityî), and Utility Specialists Southwest, Inc. (ìConsultantî) (collectively ìPartiesî).

RECITALS
WHEREAS, on December 16, 2019, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing specialized electrical engineering and other professional services for a five-year period terminating December 16, 2024, and WHEREAS, the Parties now desire to extend the term of the Agreement for an additional one-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on December 16, 2019, and terminating December 16, 2025 (ìTermination Dateî) unless terminated earlier as set forth herein.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
16 April 21, 2025 Item 11
City of Del Mar
First Amendment to As-Needed Specialized Electrical Engineering Services Agreement

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager

UTILITY SPECIALISTS SOUTHWEST,
INC.

By: ____
_
Duane Stroobosscher, Vice President

ATTEST:

By: __
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
17 April 21, 2025 Item 11

ATTACHMENT
D
18 April 21, 2025 Item 11
January 2025
Building Permit Information
Please follow the steps below to obtain a Building Permit for the installation of the utility service lateral on private property, from the City established point of connection to the undergrounded utilities in the City Right of Way:

1. Set up an e-trakit account (if you do not already have one). You can apply for an e-trakit account here: https://www.delmar.ca.us/865/eTRAKIT---Online-Portal Please note, if your contractor is applying for the building permit, they will need a valid City of Del Mar business license to obtain an e-trakit account. If they do not have a business license, one can be applied for here: https://delmar.hdlgov.com/Home/Index

2. Once an e-trakit account is obtained, please go to e-trakit (https://delm-trk.aspgov.com/eTRAKiT/) and navigate to “apply for a permit.” From there you will be able to apply for a building permit. You will need to be prepared to upload:
• A building permit application:
https://www.delmar.ca.us/DocumentCenter/View/6937/Building-Permit-ApplicationFillable-62220 • A site plan showing the location of the work
• Your SDG&E work order and lateral exhibit for telecommunications If you have any questions or difficulty navigating the e-trakit site, please contact Planning at [email protected], during counter hours Mondays and Wednesdays 1:00 to 5:30 PM, or by calling Jennifer Gavin, Associate Planner at 858-793-6148

3. Once submitted, the building department will receive your application and send out an invoice to the email address included on the building permit application within 1-2 business days. The building permit fee is $160, which can be paid either via e-trakit (whoever is paying will need an e-trakit account and have it linked to the building permit) or in person at City Hall (Monday – Thursday 7:30 AM to 5:30 PM).

Building permits will be issued as the trenching and conduit is completed for each phase of the undergrounding project . Once the Building department receives payment for the permit the permit is typically issued within 1-2 business days as long as the Applicant is within an area that has been cleared for permit issuance based on project progress.

Once a building permit is obtained, the private service lateral will need to be installed after the City's contractor completes their work in each zone and establishes the point of connection.

Contractors should be in coordination with the Undergrounding Program Team to ensure that the lateral is placed in the correct location. Questions about lateral placement coordination can be directed to: [email protected]
19 April 21, 2025 Item 11

ATTACHMENT F
Stratford Court South (1A) Challenges and Lessons Learned Challenges Lessons Learned
1 SWPPP Development Due to the size of the project, a full storm water pollution prevention plan (SWPPP) is required, which
will take time for the contractor to develop at the start.

During design, clearly define the timeline for its
development as part of the bid documents.
2 Utility Conflicts During design, identify opportunities for strategic exploratory potholing to minimize utility conflicts during construction. This is especially critical for pressurized utilities (water, sewer force main, and transmission
gas), which typically require five feet of separation.

Other utilities, such as gravity sewer or gas distribution, can have reduced clearances.
3 Abandoned Utility
Conflicts
During design, identify abandoned utilities as much as
possible by referencing City record as-built plans and
exploring opportunities for strategic exploratory
potholing in streets with minimal space for utilities.
4 Identification of AT&T
Christy Boxes
During design, AT&T will identify christy boxes for
intercept locations on the plans.
5 Additional Handholes The need for additional handholes arose at the border between Stratford Court South (1A) and Stratford Court
North (1B), as well as due to cable-in-conduit (CIC)
intercepts. During the design phase, the design team
will assess potential overlaps between districts to
determine if additional handholes are necessary. While
the design assumes standard intercepts, CIC cables
require a handhole. Identifying this during the design
process would typically involve exploratory potholing at each intercept. However, this approach is costprohibitive. As a result, staff will treat this as an anticipated unforeseen field condition, to be addressed using the project contingency.
6 Retaining Wall Conflict
with Anchor
During design, perform additional field measurements
to avoid conflicts and consider raised box pads as
needed. Raised box pads are an alternative to retaining walls, placing the transformer on an elevated pad. They are generally more affordable than retaining walls,
though they may be less aesthetically pleasing.
20 April 21, 2025 Item 11
Challenges Lessons Learned
7 Special Property Use
Communications (eg
School, Businesses, etc)
During design, coordinate with special property uses to identify their needs and avoid coordination issues
during construction.
8 Trees and Landscaping
Property Coordination
During construction, identify trees and landscaping that require trimming or removal and notify the property
owners. Communicate the details and provide
residents with the opportunity to trim or remove the
trees and landscaping themselves.
9 Confusion on Building
Permits
Staff has developed a building information document
for property owners requiring undergrounding of their
private service lateral to reference.
10 Vandalism of Concrete
Work
During construction, pour concrete in the morning to
monitor its setting process and/or provide protection
against vandalism.
21 April 21, 2025 Item 11

ATTACHMENT G
April 4, 2025
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District 1A - Stratford Court South | Final Cost Estimate Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This letter includes the final pre-construction cost estimate for the City of Del Marís Rule 20B project, Stratford Court South 20B. SDG&E has completed the competitive bid process for our electrical construction scope and the cost estimate has been updated to reflect expected construction costs.

Del Mar City Council has established Utility Underground District (UUD) No.1A: West of Camino Del Mar to the coast and from 4th Street to 12th Street. The City has opted to utilize municipal trenching to complete this district and will be responsible for all civil work and all community outreach activities.

Stratford Court South (UUD 1A) Rule 20B project will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on ìReplacement of Overhead with Underground Facilitiesî, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.

Please note, SDG&E is providing the following cost estimates for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimates. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
22 April 21, 2025 Item 11

ATTACHMENT G
District 1A | Stratford Court South | Preliminary Estimate Provided in March 2024 Description Preliminary
Estimate
Contingency
(30%) Total
Cable & Connections $ 2,210,194 $ 663,058 $ 2,873,252
Cable Pole installation $ 462,984 $ 138,895 $ 601,879
Service Cutovers $ 135,981 $ 40,794 $ 176,775
Overhead Removals (Non-Billable) $ 999,086 $ 299,726 $ 1,298,812 Subtotal Electric Scope $ 3,808,245 $ 1,142,473 $ 4,950,718 Less Overhead Equivalent (Credit) $ 50,885 $ 15,265 $ 66,150 Less Overhead Removals (Credit) $ 999,086 $ 299,726 $ 1,298,812 Less Pad Reinstallation (Credit) $ - $ - $ -
BILLABLE TOTAL $ 2,758,274 $ 827,482 $ 3,585,756
District 1A | Stratford Court South | Final Pre-Construction Estimate Description Final Estimate Contingency
(15%) Total
Cable & Connections $ 1,417,184 $ 212,578 $ 1,629,762
Cable Pole installation $ - $ - $ -
Service Cutovers $ 178,908 $ 26,836 $ 205,744
Overhead Removals (Non-Billable) $ 842,070 $ 126,310 $ 968,380 Subtotal Electric Scope $ 2,438,162 $ 365,724 $ 2,803,886 Less Overhead Equivalent (Credit) $ 191,117 $ 28,668 $ 219,785 Less Overhead Removals (Credit) $ 842,070 $ 126,310 $ 968,380 Less Pad Reinstallation (Credit) $ 19,861 $ 2,979 $ 22,840 BILLABLE TOTAL $ 1,385,114 $ 207,767 $ 1,592,881
The variance between the preliminary cost estimates provided in March 2024 and final estimate values are driven by the following:
 There was a notable decrease in the labor bids for the cable and connections work vs. our initial estimates. Material costs did increase slightly.
 In the preliminary estimate, we accounted for several cable poles to be installed for a total of $601,879. However, following design updates and finalization, the cable poles are no longer required, eliminating this cost.
 The preliminary estimate included a 30% contingency. The current contingency value has been reduced to 15% as our designs are final, resulting in fewer potential FCOs, if applicable.  SDG&E has updated the methodology for calculating its overhead equivalent credits resulting in an increase of the overhead equivalent credit for this project.  A $22,840 credit has been included to account for the Cityís civil contractor to reinstall a concrete pad at 519 Stratford Ct. due to a design error attributable to SDG&E.

Please contact Ilario Romano or me with any questions or concerns.

Sincerely,
Kelli Fitzgerald
Manager, Franchise Planning & Project
Management
M 858.239.5764
cc:

Joe Gabaldon ñ SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP ñ SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP ñ SDG&E | Design & Proj Mgmt | Franchise Project Manager 23 April 21, 2025 Item 11
December 26, 2024
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District X1A – Crest Canyon | Cost Estimate Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for a preliminary cost estimate for the City of Del Mar’s Rule 20B project, Crest Canyon.

Del Mar City Council has established Utility Underground District (UUD) No.X1A for its Rule 20B Crest Canyon Project. The City has elected to perform all work associated with the trenching, conduit placement, substructure installation, backfill, and paving (Muni-Trench) for this project.

The City will be responsible to select a qualified vendor to perform this work, and will compensate them directly. Since the City has opted to utilize Muni-Trench for Crest Canyon 20B, the City will also be responsible for Community Outreach efforts and will be responsible for the coordination of Joint Trench Offers (JTOs) and design work with the Communications Infrastructure Providers (CIPs) and the Permit to Enter (PTE) coordination with private property owners.

Crest Canyon (UUD X1A) Rule 20B project will utilize an Actual Cost Billing contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.

Page 2 ends

This preliminary cost estimate will be updated once SDG&E’s bid process is complete and the revised costs will be reflected in the contract to be stipulated between SDG&E and the City of Del Mar.

District X1A | Crest Canyon
SDG&E Electrical Contractor – Cable & Connections
SDG&E Electrical Contractor – Cable Poles
SDG&E Electrical Contractor – Service Cutovers
SDG&E Electrical Contractor – Overhead Removals
$ 4,288,704
$ 361,127
$ 238,521
$ 1,713,328
TOTAL $ 6,601,680
Overhead Removals (SDG&E Responsibility) $ - 1,713,328
Net BILLABLE to City $ 4,888,532
Sincerely,
Kelli Fitzgerald
Design & Project Management
Franchise Planning Manager
cc:

Michael McEachern – SDG&E | Design & Proj Mgmt | Project Manager II Damien Ramirez – SDG&E | Design & Proj Mgmt | Franchise Planning Supervisor Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager 25 April 21, 2025 Item 11
Undergrounding Program Cost Estimate (2024 Dollars)
Tewa 1A X1A 1B 2 3 4 5 TOTAL
November 2024 $0.9M $10.0M $17.8M $5.5M $16.4M $28.6M $17.3M $9.1M $105.6M April 2025 $0.9M $8.1M $15.3M to $17.0M $4.6M $13.8M $24.1M $14.6M $7.6M $89.0M to $90.7M Difference $0M $1.9M $0.8M to $2.5M $0.9M $2.6M $4.5M $2.7M $1.5M $14.9M to $16.6M Undergrounding Program Cost Estimate (2025 Dollars)
Tewa 1A X1A 1B 2 3 4 5 TOTAL
November 2024 $0.9M $10.0M $18.1M $5.7M $17.0M $29.6M $17.9M $9.4M $108.6M April 2025 $0.9M $8.1M $15.4M to $17.0M $4.8M $14.2M $25.0M $15.1M $7.9M $91.4M to $93.0M Difference $0M $1.9M $1.1M to $2.7M $0.9M $2.8M $4.6M $2.8M $1.5M $15.6M to $17.2M Note: Costs are only increased for upcoming projects, while expended costs remain at the amounts already paid. 26 April 21, 2025 Item 11
UUD 1A Estimated Total Project Costs (02-7000-7202)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
Pre-Bid
Budget
12-4-23
City Contract
Award Budget
7-8-24
SDG&E Cost
Agreement
Budget
4-5-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $543,900 $576,700 $647,878 $657,856 $657,856

1. City and Agency Coordination $27,100 $43,370 $43,370 $45,515 $45,515

2. District 1A Design $423,010 $439,540 $505,352 $505,712 $505,712

3. Resident Interface and Project Status Tracking $56,160 $56,160 $68,926 $76,399 $76,399

4. Public Bidding Support $37,630 $37,630 $30,230 $30,230 $30,230 City Arborist Review $5,000 $5,000 $3,525 $3,525 $3,525 Additional Pre-Construction Services $7,000 $7,000 $5,000 $4,000 $4,000 Subtotal for Pre-Construction Professional Services $555,900 $588,700 $656,403 $665,381 $665,381 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 estimated by Staff based on UUD Tewa per LF of overhead. 10-16-23 & 12-4-23 estimated by Staff based on UUD Tewa per LF of trench. 7-8-24 & 4-5-25 estimates provided by SDG&E. $904,842 $959,175 $1,004,850 $3,585,756 $1,615,721
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD 1A specific including 10%-15% contingency.
$678,632 $180,000 $163,944 $156,816 $156,816
Spectrum/Charter $284,297 $0 $0 $0 $0
Crown Castle $0 $0 $0 $0 $0
Subtotal for Utility Company Costs $1,867,771 $1,139,175 $1,168,794 $3,742,572 $1,772,537 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 12-4-23 estimate based on engineer's estimate. 7-8-24 based on actual bid minus additional city construction. $918,000 $3,146,108 $3,049,746 $4,628,550 $4,628,550
Utility Specialists Construction Management and Support (12-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder .
$169,820 $423,740 $423,740 $415,250 $415,250
Storm Water Compliance Services
7-12-21 included as part of above line item. 10-16-23 to 7-8-24 removed as to be done by contractor. $22,080 $22,080 $0 $0 NOVA Geotechnical Services
7-8-24 task order from NOVA $42,455 $33,964 $84,748 $71,513 $71,513 Subtotal for Construction Phase $1,130,275 $3,625,892 $3,580,314 $5,115,313 $5,115,313 Contingency for Construction Phase
10% of Construction Phase Costs $0 $0 $0 $511,531 $511,531 Total Project Estimate for UUD 1A $3,553,946 $5,353,767 $5,405,511 $10,034,797 $8,064,762 Additional City Construction (General Fund)
City's General Contractor for Penny Lane Improvements $70,695 $70,695 City's General Contractor for 931 Stratford Court Curb $7,150 $7,150 Contingency for Construction Phase
10% of Construction Phase Costs $7,785 $7,785
Total Project Estimate for Additional City Construction $85,630 $85,630 $519,316 $519,316
$10,120,427 $8,150,392

COMBINED CONTINGENCY

COMBINED ESTIMATED TOTAL
27 April 21, 2025 Item 11
UUD X1A Estimated Total Project Costs (02-7000-7203)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
UP Update
Budget
11-18-24
Pre-Bid
Budget
4-21-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $663,985 $731,085 $893,692 $910,652

1. City and Agency Coordination $27,820 $45,440 $56,600 $56,600

2. District X1A Design $542,015 $591,495 $717,416 $722,591

3. Resident Interface and Project Status Tracking $56,160 $56,160 $81,686 $87,656

4. Public Bidding Support $37,990 $37,990 $37,990 $43,805 City Arborist Review $5,000 $5,000 $3,525 $3,525
Environmental Review $18,500 $52,588 $52,588 $52,588
Additional Pre-Construction Services $7,000 $7,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $694,485 $795,673 $954,805 $971,765 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 and 10-16-23 estimated by Staff based on UUD Tewa per LF of overhead and then trench. 11-18-24 estimated by Staff based on UUD 1A per LF of trench. 4-21-25 estimate provided by SDG&E. $1,324,736 $1,378,650 $5,543,229 $4,888,532
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD X1A specific including contingency.
$993,552 $223,560 $238,788 $238,788
Spectrum/Charter $408,793 $0 $0 $0
Crown Castle $0 $0 $0 $0
Subtotal for Utility Company Costs $2,727,081 $1,602,210 $5,782,017 $5,127,320 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 11-18-24 & 4- 21-25 estimate based on engineer's estimate using UUD 1A bids. $1,344,000 $4,946,639 $8,836,700 $8,937,074
Construction Management and Support (18-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder . $240,680 $624,860 $624,860 $687,346
Additional Construction Management Services
For any additional professional services during construction (geotechnical / environmental) $60,170 $80,140 $122,594 $255,853 Subtotal for Construction Phase $1,644,850 $5,651,639 $9,584,154 $9,880,273 Project Contingency
10% of Construction Phase Costs at City Contract Award $0 $0 $1,466,982 $988,027 Total Project Estimate for UUD X1A $5,066,416 $8,049,522 $17,787,957 $16,967,385 28 April 21, 2025 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Ashley Jones, City Manager
Clem Brown, Assistant City Manager
Kseniia Izgarskaia, Senior Management Analyst
DATE: April 21, 2025
SUBJECT: Recap of the 2025 City Council Goals and Priorities Setting Workshop and Council Approved FY 2025-26 and FY 2026-27 City Work Plan REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council receive this report, which includes the approved Fiscal Year (FY) 2025-26 and FY 2026-27 City Work Plan reflecting Council feedback from the 2025 City Council Goals and Priorities Setting Workshop, and provide direction to staff as appropriate.

DISCUSSION/ANALYSIS:

On March 5, 2025, the City Council held a Goals and Priorities Setting Workshop (Workshop) to review and update the City Work Plan for FY 2025-26 and FY 2026-27, in preparation for the upcoming two-year budget process. At the Workshop, the City Council received an update on the work plan items that have or will be completed in FY 2024-25; reviewed and provided feedback on the FY 2025-26 and FY 2026-27 City Work Plan; and considered Councilproposed work plan items.

The City Council was supportive of the proposed updates to the FY 2025-26 and FY 2026- 27 City Work Plan as presented by staff at the Workshop. The Fiscal Years 2025-26 and 2026-27 City Work Plan (Attachment A) reflects some Tier 3 work plan items added by the City Council as follows: 1) Added an item to evaluate increasing the City’s solar capacity on City owned property; and 2) Added an item to create a new City Facilities Gas Appliances Inventory, evaluate the replacement of City gas-powered vehicles and equipment with electric as feasible, and for staff to work on a policy that prioritizes the purchase of electric appliances when possible for recommendation by Sustainability Advisory Committee and consideration by the City Council.

Throughout the year, staff will update the FY 2025-26 and FY 2026-27 City Work Plan as may be needed to reflect any new work plan items approved by the City Council.

Much of the workshop discussion focused on new work plan items proposed by individual Councilmembers for consideration by the full Council. Council consensus was to remove the following Council-proposed items from the list for future consideration: Shores Park 1 April 21, 2025 Item 12
City Council Agenda Report
2025 Goals and Priorities Setting Workshop Recap
April 21, 2025

Page 2 of 2 ends

Community Garden; 2050 Vision for Del Mar; reactivating the upper deck expansion project at the Powerhouse Community Center; and Cannabis/CBD Retail Sales/Stores Ordinance.

The City Council also discussed the remaining items on the FY 2025-26 Council-proposed Work Plan Items list and directed staff to return with more information on each item at a future meeting. A summary of the Council direction provided on these items along with a staff response for each is included in Attachment B.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item.

Funding needed for any approved FY 2025-26 and FY 2026-27 work plan items will be incorporated into the proposed FY 2025-26 and FY 2026-27 Operating and Capital Budget for the Council’s consideration during the May 2025 City Council Budget Workshop.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The purpose of this item is to memorialize the FY 2025-26 and FY 2026-27 City Council Goals and Priorities/City Work Plan.

ATTACHMENTS:

Attachment A - Final FY 2025-26 and FY 2026-27 City Council Goals and Priorities Attachment B - Summary of Proposed Council-Initiated Work Plan Items 2 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) 1 Short-Term Rentals (STR)
Regulation Administration
(New)
Issue RFP and complete implementation of an STR
administration platform including registration and
permitting, maintaining an STR database, monitoring
STR activity, compliance and code enforcement
support, community outreach, and TOT remittance and
auditing.

Staff is in the process of preparing a Request for Proposals (RFP) to hire a consultant who would manage short-term
rental (STR) administration with the City. The City aims to initiate contractor services as soon as possible with “go live” coordinated to begin when the California Coastal
Commission (CCC) approves the City’s STR regulations
(anticipated to be in late 2025).

FY2025-2026 Administrative Services
Planning
2 City Website ADA Compliance
(New)
Evaluate City Website ADA compliance and implement
solutions to maintain compliance and meet the newly
released DOJ mandate by April 2027 as required by law.

Staff is working with its website hosting vendor to analyze current state of compliance and evaluate solutions.

FY2025-2026
FY2026-2027
Administrative Services
Information Systems
3 Participation in Multiple
SANDAG Major Projects:
- San Diego LOSSAN Rail
Realignment
- DM Bluff Stabilization 5
- DM Bluffs Access
Improvements
- San Dieguito Double Track &
Special Events Platform
On-going coordination and work with SANDAG and the
public on significant CIP projects happening in parallel, including the San Diego LOSSAN Rail Realignment
Project; Del Mar Bluff Stabilization Project 5; Del Mar Bluffs Access Improvements Project (informed by the
Coastal Connections Conceptual Planning Study); and
the San Dieguito Double Track and Special Events
Platform project, which involves relocation of City
water/wastewater utility lines, a pedestrian
undercrossing, license agreements, and an
encroachment permit.

Coordination and participation with SANDAG on various
SANDAG projects affecting Del Mar is ongoing and
involves a substantial amount of City staff time from
multiple departments.

FY 2025-2026
FY 2026-2027
City Manager's Office
Public Works
Planning
City Attorney
4 Senate Bill 9 (SB 9)
Implementing Ordinance/LCPA
Ordinance/LCPA is in process to implement State law
provisions consistent with CCC guidance to harmonize
housing law with the Coastal Act. SB 9 provisions took
effect January 1, 2022; however, the CCC confirmed
that any application submitted prior to processing of the LCPA must be processed in accordance with the
existing certified LCP to ensure protection of coastal
resources. Coastal Commission certification is pending.

In-process. City Council adopted Ordinance in June 2023.

CCC certification action is pending. Final certification to complete project is anticipated summer 2025.

FY2025-2026 Planning
5 ADU Ordinance/LCPA for
Consistency with State Law
Ordinance/LCPA is in process for consistency with State law as needed to harmonize State housing law and the
Coastal Act and address inconsistencies previously
identified. Prepare and process amending
Ordinance/LCPA with CCC modifications for City
Council action as needed for Coastal Commission final
certification.

In-process. City Council adopted Ordinance in December
2023. CCC certification action is pending. Final
certification to complete project is anticipated summer 2025.

FY2025-2026 Planning
6 Tiny House Regulations (6th
Cycle Housing Element
Program 2F)
Ordinance/LCPA is in process to clarify that tiny houses are allowed in accordance with the ADU regulations.

Prepare and process amending Ordinance/LCPA with
CCC modifications for City Council action as needed for Coastal Commission final certification.

In-process with ADU Ordinance. City Council adopted
December 2023. CCC certification action is pending. Final certification to complete project is anticipated summer 2025.

FY2025-2026 Planning
TIER 1: Essential/Non-Discretionary Services (State Mandated/Legally or Contractually Required) 3 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 1: Essential/Non-Discretionary Services (State Mandated/Legally or Contractually Required) 7 Amend Central Commercial
(CC) Zone (6th Cycle Housing
Element Program 1C)
Ordinance/LCPA is in process to allow 20 du/ac density
to create adequate sites and facilitate affordable
housing. City must prepare and process amending
Ordinance/LCPA with CCC modifications for City
Council action as needed for Coastal Commission final
certification.

In-process. City Council adopted Ordinance April 2024.

CCC conditionally certified the LCPA February 2025. Final certification to complete project is anticipated by June 2025.

FY2025-2026 Planning
8 Process Ordinances to create
incentives and an Affordable
Housing Overlay Zone - (6th
Cycle Housing Element
Program 1D and 1I)
Utilize data from Phase II studies completed January
2023 to prepare Ordinance/LCPA creating an overlay
zone to apply objective design standards and provide
site-specific incentives for affordable housing projects on sites relied upon for the 6th Cycle Housing Element.

Will involve discussion of potential options related to scale and compatibility of development that could occur.

Action is required per Housing Element Program 1D due
to production of less than 30 lower income units by April 2025.

In-process. Will require Planning Commission
recommendation, City Council introduction and adoption of Ordinance, and Coastal Commission certification.

FY2025-2026
FY2026-2027 Planning
9 Prepare Fair Housing Materials
(6th Cycle Housing Program 6B)
Prepare and publish Fair Housing Materials in English
and Spanish in order to implement a component of
Program 6B, Affirmatively Furthering Fair Housing.

Materials will be made available on the City's website
and local non-profits.

In-process. Will coordinate with implementation of Housing Element Programs 4A/4B. FY2025-2026 Planning
10 Fairgrounds Housing Strategy
(6th Cycle Housing Element
Program 3A)
Secured Exclusive Negotiating Rights Agreement
(ENRA) with 22nd District Agricultural Association (DAA) in March 2024. City is utilizing findings of Phase I
feasibility studies to assist DAA with preparation and
processing of task orders and other tasks specified in
the ENRA for site selection and negotiation of a lease
agreement that aligns with the Fairgrounds strategic
planning process.

In-process. Continue to implement terms of ENRA, which
was approved by Fair Board February 20, 2024 and Del
Mar City Council March 4, 2024. Next steps include the
22nd DAA site selection, with feasibility studies continuing through March 2026 to facilitate site selection and other due diligence studies for solicitation of affordable housing developer.

FY2025-2026
FY2026-2027
Planning
City Manager's Office
11 Affordable Housing on CityOwned Properties at 10th Street and 28th Street (6th Cycle
Housing Element Program 3B)
Pursue Cycle 6 Smart Growth Incentive Program (SGIP)
funds to facilitate completion of feasibility and due
diligence studies (supplemental economic studies,
mobility access, environmental assessment, site design
feasibility, view corridor analysis, infrastructure and utilities assessment); affordable housing developer
selection, planning, engineering, and building plans;
CEQA documentation and entitlements for City
development project on City-owned vacant lot on 10th
Street to develop 4-8 units for lower income households per Housing Element Program 3B. Additionally, staff will evaluate next steps for the 28th Street site.

In-process and requires multiple steps. Preparation of City Council Resolution is in process for City Council
March/April 2025 to request authorization for SGIP grant submittal, which is due to SANDAG by April 11, 2025.

Grant funding will facilitate items included in description.

FY2025-2026
FY2026-2027 Planning
12 STR Permit Fee Ordinance
(New)
Prepare and process Ordinance to establish a STR
Permit Fee. Coordinate with consultant to identify the
associated cost for implementation of STR permit
issuance, monitoring, and enforcement.

In-process. RFP process to select consultant is in process.

Ordinance adoption anticipated summer 2025. FY2025-2026 Planning, Administrative Services, City Attorney 4 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 1: Essential/Non-Discretionary Services (State Mandated/Legally or Contractually Required) 13 Short Term Rental
Regulations/Preservation of
Existing Housing Stock (6th
Cycle Housing Element
Program 5C)
Process Ordinance/LCPA to regulate short term rentals.

Update correlates with NC Zone Referendum
Settlement Agreement.

In-process. City Council adoption September 2024.

Coastal Commission certification review of
Ordinance/LCPA is pending and CCC certification action is anticipated in fall 2025.

FY2025-2026
FY2026-2027
Planning
City Attorney
14 General Plan Update: Safety
Element Update (6th Cycle
Housing Element Program 6H)
City must update the Safety Element per Housing
Element and State law. Update correlates with other
required updates relating to Environmental Justice
Element and Open Space Element updates, Fire Hazard
Severity Zone Map Update, and ADU Regulations
Update.

In-process. Planning staff is working with CalFire to
finalize a draft for public review and processing. Will require Planning Commission recommendation and City
Council approval to complete.

FY2025-2026 Planning
15 General Plan Update: New
Environmental Justice Element
(6th Cycle Housing Element
Program 6E)
City must create a new Environmental Justice Element
per Housing Element. Update correlates with other
required updates relating to the Safety Element and
Open Space Element updates.

In-process. Planning staff is preparing a draft document for public review and processing. Will require Planning Commission recommendation and City Council approval to
complete.

FY2025-2026 Planning
16 General Plan Update: Open
Space Element Update (SB
1425)
By January 1, 2026, City must update Open Space
Element to address specified climate resilience and
rewilding criteria to provide coordinated mitigation of impacts to new development. Correlates with
Environmental Justice Element and Safety Element
updates.

Not yet started. FY2025-2026
FY2026-2027 Planning
17 Residential Care Facilities (6th
Cycle Housing Element
Program 4A)
Prepare and process Ordinance/LCPA to clarify this
land use type and bring the regulations into compliance with State law. City is using HAP Grant funds to
implement by March 2026.

In-process. Will require Planning Commission
recommendation, City Council approval, and Coastal
Commission certification to complete.

FY2025-2026
FY2026-2027
Planning and City
Attorney
18 Emergency Shelters,
Transitional Housing, Supportive
Housing, and Low Barrier
Navigation Centers (6th Cycle
Housing Element Program 4B)
Prepare and process Ordinance/LCPA for compliance
with State law. Develop procedures and informational
handouts to connect people to resources. City is using
HAP grant funds to implement by March 2026.

In-process. Will require Planning Commission
recommendation, City Council approval, and Coastal
Commission certification to complete.

FY2025-2026
FY2026-2027
Planning and City
Attorney
19 Mid Cycle ADU Production
Evaluation (6th Cycle Housing
Element Program 2E) (New)
Prepare Mid Cycle ADU Production Evaluation that
accounts for data collected in the 2024 APR report to
HCD (March 2025) and identifies potential new
opportunities to create low income ADUs, which may
involve future processing and consideration of
amendments to existing incentive programs adopted in
December 2023.

Not yet started. FY2025-2026 Planning
20 Reasonable Accommodation
Regulation Zone Code
Amendment (New)
Prepare and process an Ordinance to create a new Del
Mar Municipal Code Chapter that will update regulations for reasonable accommodation requests consistent with
applicable State and Federal Fair Housing regulations.

Relates to Housing Element Program 7F.

Not yet started. FY2025-2026 Planning and City
Attorney
5 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 1: Essential/Non-Discretionary Services (State Mandated/Legally or Contractually Required) 21 Update to Building and Fire
Codes (New)
Prepare and Process Ordinance to adopt the latest
California Building and Fire Codes and incorporate local modifications as desired. Routine update processed
every three years. New Codes will be effective January
1, 2026.

Not yet started. FY2025-2026 Planning and City
Attorney
22 Annual Water System Priority
Improvements Water System repairs and improvements.

Preparing bid documents to complete high priority valve repairs throughout City. Construction anticipated in spring 2026.

FY2025-2026
FY2026-2027 Public Works
23 Annual Wastewater System
Priority Improvements Wastewater System repairs and improvements.

Project modified once USEPA FY24 Community Grants
Project Funding received. Preparing application documents for federal review. Design to be completed in FY2025-
2026.

FY2025-2026
FY2026-2027 Public Works
24 Annual Storm Drain System
Priority Improvement
Replace storm drain facilities that have surpassed their useful life.

Project modified once USEPA FY24 Community Grants
Project Funding received. Preparing application documents for federal review. Design to be completed in FY2025-
2026.

FY2025-2026
FY2026-2027 Public Works
25 Annual Bike Route Repairs Repair bike lanes on major arterials; CDM, JDB, Via de la Valle, Carmel Valley Road.

Work to be completed as part of Annual Pavement
Management Program.

FY2025-2026
FY2026-2027 Public Works
26 Annual Pavement Management
Program (baseline)
Annual Roadway Repairs to Major Arterials and
Residential Streets.

City staff is working with Del Mar Fairgrounds staff to consider striping and pavement improvements on Jimmy
Durante Blvd.

FY2025-2026
FY2026-2027 Public Works
27 Annual Small Area Pavement
Repair Contract Citywide small area asphalt paving/repairs. Occurs twice per year depending on repair quantities. FY2025-2026FY2026-2027 Public Works 28 Camino del Mar Bridge
Replacement Project
Replace Camino del Mar Bridge over San Dieguito River
in accordance within Federal Highway Bridge Program
requirements.

Design documents are at 65% complete and most
resource agency permits are completed. Design will be
completed by December 2025. Caltrans review for
construction approval and Construction Management
procurement will begin in early 2026. Project construction scheduled to begin December 2026.

FY2025-2026
FY2026-2027
Public Works
Planning
29 Riverpath Del Mar Phase 3 Extend Riverpath Del Mar from Grand Avenue Bridge to Crest Canyon.

Continuing to work on grants to secure construction
funding. Construction targeted for September 2025, but
may need to be pushed to 2026 due to uncertainty with
various grant funding timelines; timing will need to be coordinated with Crest Canyon Undergrounding to avoid
construction overlap.

FY2025-2026
FY2026-2027
Public Works
Planning
30 Utility Undergrounding District
1A (Stratford South)
Undergrounding of above ground dry utilities into joint trench and underground service laterals.

City Construction substantial completion by March 2025.

Final paving to be completed after Utility companies
construction. Homeowner Service Laterals estimated
completion May 2025. Utility Companies estimated
completion by end of 2025.

FY2025-2026
FY2026-2027
Public Works
City Manager's Office
31 Utility Undergrounding District
X1A (Crest Canyon)
Undergrounding of above ground dry utilities into joint trench and underground service laterals.

Design and permitting completed March 2025. SDG&E IFC
bidding phase another 5 months. Construction targeted to begin Fall 2025 and last approximately 18 months.

FY2025-2026
FY2026-2027
Public Works
City Manager's Office
32 Utility Undergrounding District
1B (Stratford North)
Undergrounding of above ground dry utilities into joint trench and underground service laterals.

SDG&E preliminary design completion February 2025.

Design and permitting currently paused until FY 2026-
2027. Construction targeted to begin in Early 2029. Final decision pending City Council.

FY2025-2026
FY2026-2027
Public Works
City Manager's Office
6 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 1: Essential/Non-Discretionary Services (State Mandated/Legally or Contractually Required) 33 Utility Undergrounding District
25th Street (20A) (New)
Undergrounding of above ground dry utilities into joint trench and underground service laterals. Funding
included as part of Rule 20A.

District formation completed August 2024. Design targeted to start FY 2025-2026. Construction needs to be completed by December 2030 to use 20A funds.

FY2025-2026
FY2026-2027
Public Works
City Manager's Office
34 Water Valve Replacement
Project
Replace broken water valves as identified in
maintenance program. Occurs annually usually around April of each year. FY2025-2026FY2026-2027 Public Works 35 Major Facility Repairs
Essential building (City Hall, Library, Public Works,
Community Services, etc.) repairs including exterior,
doors/windows, electrical, plumbing, HVAC, fire and
security systems.

Work will occur throughout each fiscal year. FY2025-2026 FY2026-2027 Public Works
36 Storm Drain Capture Devices
A "storm drain capture device" is a system installed at a storm drain inlet designed to catch and trap debris,
primarily trash, before it enters the storm drain system and flows into waterways. This is required by California Regional Water Quality Control Board. The City
installs/replaces approximately 7 storm drain capture
devices per year. The exact number and locations of the devices are determined based on the results of annual
inspection and the proximity to sensitive ocean
reception points.

Occurs annually usually around or by June of each year. FY2025-2026 FY2026-2027
Public Works
Clean Water Consultant
37 Jimmy Durante Boulevard Bike
Lane Modification Project (New)
Safety enhancements to modify four curb inlets along
northbound Jimmy Durante Boulevard between Luzon
Avenue and San Dieguito Drive.

Engineering evaluation complete. Recommended remove
and replacing the existing five (5) Type C Curb inlets and Concrete Aprons with modified Type B Curb inlets.

FY2025-2026 Public Works
38 Amendment to City of San
Diego Wastewater
Transportation and Disposal
Agreements
Identify options to amend Metropolitan Wastewater
Commission Treatment and City of San Diego
Wastewater Transportation Agreements for Council
consideration. The City currently transports majority of its wastewater to the San Elijo Joint Powers Authority
water reclamation facility in Encinitas via Solana
Beach's system.

Amendment discussions with City of San Diego and
Regional Wastewater Commission JPA underway.

FY2025-2026
FY2026-2027
Public Works
City Manager's Office
39 Jimmy Durante Boulevard Bluff
Repair Project
Design and construct improvements to permanently
protect bluff in City right of way along Jimmy Durante
Boulevard.
60% Engineering Design and draft CEQA Notice of
Determination Complete. Scheduled informational Item at April 7, 2025 City Council Meeting.

FY2025-2026 Public Works
Planning
7 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) 1 Enterprise Resource Planning
(ERP) System Selection
Process
The City's current financial system will sunset on March 1, 2027. To ensure timely selection and implementation of
new financial system, the solicitation process for a
replacement ERP system began in mid-2024.

Began reviewing options and pricing of new system
in 2023. Vendor selection and contract approval are
planned for Council consideration in April-May 2025
with project initiation anticipated in May-June 2025
FY2025-2026
FY2026-2027
Administrative Services
2 Cost Allocation Plan Update
The last update to the City's cost allocation plan was
completed internally in 2016, and needs to be updated (best practice is to complete every 5 years). This is a multi-year process that is expected to begin in July 2025 and involves issuing a Request for Proposal (RFP) to hire a consultant to assist with this effort.

Goal is to start the process by issuing a RFP for
consulting services in FY 2025-26, with the goal of
completing an updated Cost Allocation Plan by end
of FY 2026-27.

FY2025-2026
FY2026-2027 Administrative Services
3 Civic Center Operations Guide Comprehensive update to the City’s facility use policies, including proposed updates to the list of eligible non-profits.

Staff brought an initial discussion item to Council on
January 22, 2024. Staff continues working on the
item in collaboration with the Council subcommittee
with plans to return to the Council with
recommended changes in 2025.

FY2025-2026 Administrative Services
4 Climate Action Plan Update
With support from a consultant, staff will update the City's 2016 Climate Action Plan, Greenhouse Gas (GHG)
Inventory, and mitigation strategies to align with other CAPs in the region and industry best practices.

Staff will issue an RFQ in FY2024-2025 to hire a
technical consultant to assist the City developing
new GHG inventories, updating the CAP, associated
mitigation strategies, and monitoring. In FY2024-
2025, staff will apply for Cycle 6 SGIP grant funds to
complete the update (April 2025). The CAP Update
will be completed in FY2025-2026.

FY2025-2026 City Manager
5 Solar Energy Partnership (6th
Cycle Housing Element
Program 6D)
Partner with programs like CEA or the Center for
Sustainable Energy to install solar on multi-unit, lower income housing to meet renewable energy goals in Climate Action Plan.

Staff is analyzing available programs, but has not yet
entered into a partnership. FY2025-2026 City Manager Planning 6 Citywide Curbside Management
Inventory (New)
Staff has identified a need to conduct a comprehensive
curbside management inventory of all existing red curbs and "no parking" areas along public streets. Working with the City's traffic Engineer, MBI, staff will coordinate with the Fire Department to review intersections for accessibility and validate the City's existing red curbs. Finally, the data will be used to calculate the City's available parking supply to assist with compliance reporting requirements of the City's Coastal Development Permit.

MBI has developed a scope of work totaling
$135,500 to complete this work. If approved, the
project would be completed in FY 2025-2026.

FY2025-2026
City Manager
Planning
Public Works
Community Services
Fire Department
7 Housing Acceleration Program
(HAP) Grant Funding - Cycle 2
SANDAG awarded Cycle 2 HAP grant funding (October
2023) for implementation of the City's Housing Element
including $1.5 million capital funds for Fairgrounds Housing project and $181,000 planning funds for Objective Design Standards and 4A/4B Supportive Housing Ordinance.

Funding applies to work starting January 1, 2024. HAP
grant funds must be expended by March 2026.

In-process through March 2026. FY2025-2026 Planning
TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 8 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 8 Tree, Scenic Views, and
Sunlight Ordinance (TSVS)
Update
Prepare and process and amendment to the TSVS
Ordinance.

In-process. The City Council identified Guiding
Principles and Objectives in September 2024 and
staff is preparing the Ordinance. Will require
Planning Commission recommendation (anticipated
March 2025), City Council introduction and adoption
(anticipated May 2025).

FY2025-2026 Planning
9 Comprehensive Tree Policy and
Regulatory Standards Update
Revise existing City tree policies for both public and private trees, with an overall goal of protecting and enhancing the City’s urban forest tree canopy while managing the City’s wildfire risk.

Anticipated to start summer of 2025. FY2025-2026 Planning 10 Amend Sand Compatibility
Opportunistic Use Program
(SCOUP) Permits with
Resource Agencies to Account
for Change in San Dieguito
Lagoon Conditions (New)
Prepare and process permit applications with United States Army Corps of Engineers (USACE) and Regional Water
Quality Control Board (RWQCB) to amend the existing
SCOUP permits to allow the City to accept beach quality sand for beach nourishment when available. The permit
issued by USACE in July 2024 impacted the feasibility of City implementation due to the restrictive limits on sediment quantities imposed and USACE's large volume sand
placement in Encinitas and Solana Beach in 2024.

Work has not yet started. FY2025-2026 Planning
11 San Dieguito Lagoon Shoreline
Protection Planning Project
(Levee/Trails) and
Implementation of State Parks
Grant Funding (New)
City and San Dieguito River Park JPA are coordinating on a joint project to develop living levees and trails along the north and south banks of the San Dieguito River. State
Parks awarded $500,000 grant funding to City and $1.3
million to the SDRP JPA. The City executed task orders with Dudek ($500,000) and kicked off work in January 2025 to complete environmental, engineering, and permitting task orders. A MOU with SDRP JPA will be executed to facilitate completion of additional task orders using grant funds
through June 2027. This effort correlates to new City CIP project.

In-process through June 2027. FY2025-2026
FY2026-2027
Planning
Public Works
12 Review and Update the Carmel
Valley Precise Plan (CVPP)
Comprehensive review and potential updates to the CVPP, through the appropriate process (entitlements,
environmental review, public participation, etc.), as may be recommended by staff/City Attorney's office.

The City Attorney initiated the review of the
CVPP. Should the CVPP need to be updated, a
completion date of Fall 2026 is anticipated.

FY2025-2026
FY2026-2027
Planning
City Attorney
13 Evaluate updating Del Mar
Municipal Code Chapter 24.70
(lot line adjustments) (New)
Evaluate updating lot line adjustment/lot consolidation regulations, with consideration of requiring a lot line adjustment parcel map for any lot line adjustments or lot consolidation. Update would require processing a Zone
Code Amendment and preparing an Ordinance; Planning
Commission recommendation and City Council introduction and adoption of Ordinance.

Work has not yet started. FY2026-2027 Planning and
Engineering
14 San Dieguito Drive
Improvements
Construction of San Dieguito Drive between Racetrack View Drive and Oribia Road as part of an approved assessment district.

Construction anticipated after Work Zone 1 of UUD
X1A (Crest Canyon) in FY 2025-2026. FY2025-2026
Public Works
City Manager's Office
Planning
9 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) TIER 2: Important Items that Support City Operations/Values (Not Mandated/Legally Required) 15 29th Street Seawall and Beach
Access
Design and permit the northern half of the sea wall and beach access.

Conceptual design and cost estimate is proceeding
FY 2024-2025. Design and permitting is targeted to
begin FY 2025-2026 and construction in FY2026-
2027.

FY2025-2026
FY2026-2027 Public Works
16 Caltrans Bridge Inspection
Program Recommended Bridge
Repairs
Critical bridge infrastructure repairs recommended by
CALTRANS as a result of annual inspection of the City's five bridges.

Bridge inspections identified concrete and
miscellaneous repairs needed at three City bridges.

Project will need to be designed and put out for
public bid. Project on hold until after programmatic
EIR is completed in 2025.

FY2025-2026 Public Works
17 Stratford Court South Pavement
Improvements
Paving improvements for the Stratford Court South area
following the undergrounding project. Grind & overlay
improvements for low PCI (Pavement Condition Index)
streets of Stratford Court from 4th St to 12th St, Little Orphan Alley, and Melanie Way. Pavement sealing
application for other streets within the Stratford Court South UUD 1A District with trench lines.

Construction targeted after UUD 1A (Stratford Ct
South) in FY 2025-2026. FY2025-2026 Public Works
18 Crest Canyon Pavement
Improvements (New)
Paving Improvments for the Crest Canyon area following the undergrounding project. Grind & overlay improvements for portions of low PCI (Pavement Condition Index) streets of Zuni Dr, Avenida Primavera, and Serpentine Dr. Pavement sealing application for Crest Road and adjacent streets with trench lines.

To be included as alternative bid item with UUD X1A
(Crest Canyon). Construction targeted after UUD
X1A (Crest Canyon) end of FY 2026-2027.

FY2026-2027 Public Works
19 Public Right of Way (ROW)
Vegetation Maintenance
Regulations (New)
Development of an Ordinance regulating the maintenance
of private property vegetation and trees by private property owners, if the vegetation encroaches on the City's right-ofway.

Work has not yet started. The Ordinance would
make clear that maintenance and related liability of
vegetation originating from private property in the
public ROW is the responsibility of the property
owner who owns the vegetation, not the City.

FY2025-2026 Public Works
Planning
10 April 21, 2025 Item 12
Reference
No. Item Name Description Status Fiscal Year(s) Department(s) 1 California Municipal
Treasurers Association
(CMTA) Investment
Policy Certification
Program
Pursue CMTA Investment Policy Certification. CMTA
program provides professional guidance and assistance in developing and/or improving investment policies that meet industry best practices for California's public sector
agencies.

Begin certification process in July/August 2025.

Will solicit feedback from the City's Finance
Committee.

FY2025-2026 Administrative Services
2 Citywide Plaque Policy
Development of a City plaque policy that is consistent with the City's branding guide for consideration by the City Council in FY 2025-26.

The item is on the Parks & Recreation Committee
Work Plan for FY2025-26. FY2025-2026
City Manager's Office
Planning
Public Works
3 Del Mar Foundation
Proposal to Plant 40
Trees in Del Mar
The Del Mar Foundation has proposed to plant 40 trees
throughout Del Mar to commemorate their 40th Anniversary.

The Council referred the proposal to staff and the Parks and Recreation Committee for further vetting and a
recommendation.

Del Mar Foundation's proposal includes trees on
private property, City replacement trees, and new
trees in public spaces. DMF has paid to replace
15 City trees and plant 8 additional private trees.

The Parks & Recreation Committee has
recommended for approval new City trees. City
staff has recommended DMF complete
community outreach and further refine the
proposal, if necessary, before moving forward to
City Council.

FY2025-2026 Public Works
4 Major Arterial Median
Improvements
Design of drought tolerant landscaping and irrigation
efficiency enhancements along major arterial median
segments, currently planned for four locations as Phase I of project.

CDM 15th Street to San Dieguito River Bridge; Jimmy
Durante Blvd/Via De La Valle Triangle; Jimmy Durante
Roundabout to CDM Merge; and CDM 4th to 9th Street.

Landscaping palette and conceptual design is
currently underway for FY 2024-2025. Final
design is anticipated FY2025-2026 with
construction in FY2026-2027. Work will continue
on this project as time permits based on CIP
project management staff capacity.

FY2025-2026
FY2026-2027 Public Works
5 Native American Plaque
Development of a proposal for content and location for
placement of a sign honoring the Native American history in Del Mar by the Parks and Recreation Committee in FY 2024- 25 for City Council consideration in FY 2025-26.

Parks & Recreation Committee has reviewed work
for a panel at Grand Avenue Bridge. Second
proposal for smaller rock or monument along
Riverpath trail forthcoming.

FY2025-2026 Public Works
City Manager's Office
6 Solar Capacity on City
Owned property
Evaluate the possibility of increasing the City’s solar capacity on City owned property.

The work will commence in FY 2025-2026. the
Sustainability Advisory Committee (SAC) will
support staff in research funding prospects to
support City electrification and the expansion of
solar on City facilities. Staff will work with the
Public Works Department on more technical
components of understanding facility capacity.

FY2025-2026
FY2026-2027 City Manager's Office
7 City Facilities Gas
Appliances Inventory
Development of a policy that prioritizes the purchase of electric appliances when possible for recommendation by Sustainability Advisory Committee and consideration by the City Council.

The work will commence in FY 2025-2026. FY2025-2026 Public Works City Manager's Office
TIER 3: Dicretionary/Non-Essential Work Plan Items That Could be Differed or Eliminated (Not Required) 11 April 21, 2025 Item 12
FY 2025-26 City Council Goals & Priorities Workshop
List of Council-Identified Proposed Work Plan Items
1) Turn the Design Review Guidelines into Design Review Ordinances There was Council consensus to move forward with turning the design review guidelines into design review ordinances.

Staff Follow-Up: This effort will first require obtaining clear direction from the City Council regarding its expectation. Once that information is obtained, it is anticipated that staff will either be 1) drafting an ordinance to amend DMMC Chapter 23.08 (Design Review) to incorporate the Design Guidelines into that Chapter as regulatory “standards of review” for DRB permit approval; or 2) incorporating the Design Guidelines into Title 30 of the DMMC (Zoning Code) as regulatory development regulations. Staff will need to study the alternatives in consultation with the City Attorney to determine the most appropriate way to proceed and what procedural changes to the development review/permitting process should be considered, if any. If it is determined that incorporating the Design Guidelines in the Zoning Code would be most beneficial to the development review process, processing a Local Coastal Program Amendment (LCPA) with the Coastal Commission will be required. It should be noted that the Design Guidelines are divided into three sections, Single-Family Residential, Multi-Family Residential, and Commercial.

No outside consultants will be required for the drafting of an ordinance to amend the Municipal Code.

However, it is estimated that approximately 30 hours of City Attorney time will be required.

Given the priority placed on special projects currently underway and staff capacity, it is anticipated that this work effort could commence at the beginning of 2026 (Jan./Feb.) and would take approximately 6-8 months to complete the City process. There would be an estimated additional 12-18 months of processing time if LCPA is required.

Because the Design Guidelines are already incorporated heavily into the discretionary development review process but in a less “regulatory” fashion, staff would suggest that City Council categorize this as a Tier 2 or Tier 3 priority item and not delay or defer any other item currently on the Planning Department’s workplan in order to start this one sooner. 2) Reconsider Advisory Committee Structure
Council consensus was to form a subcommittee of Mayor Gaasterland and Deputy Mayor Martinez to evaluate potential revisions to the City’s advisory committee structure with the goal of bringing any proposed changes to the City Council for consideration before the end of the calendar year with changes going into effect in 2026.

Staff Follow-Up: Council directed a subcommittee comprised of Mayor Gaasterland and Deputy Mayor Martinez to work with City staff to evaluate potential revisions to the City’s advisory committee structure and related policies/practices. The initial recommendations will be presented to City Council on May 5, 2025, with the goal of bringing any additional proposed changes to the Council for consideration before the end of the calendar year. This item is expected to have minimal cost impacts, and it is estimated to require approximately 10-20 staff hours. 3) Amend City Appeals Procedure Consider Modifications to the Del Mar Municipal Code.

Council consensus was to direct staff to work with the City Attorney’s Office to evaluate the appeal procedure for administrative approvals with the goal of streamlining the process to put the appeal decision in front of the right decision-making body.

Staff Follow-Up: This effort will involve staff collecting and reviewing appeal procedures from neighboring agencies and other coastal agencies of a similar size. Staff will then work with the City Attorney’s Office to identify options for Council consideration of potential code revisions that would be effective for Del Mar. If the Council decides to proceed with code changes, staff will prepare an ordinance for City Council’s consideration and adoption. It is anticipated that this effort will include conducting the research, preparing and presenting options to Council, and drafting a related ordinance, all of which will take approximately 25 staff and City Attorney hours. 12 April 21, 2025 Item 12
4) LOSSAN Rail Realignment Lobbying
There was Council consensus to for staff to work with the City’s consultant Townsend Public Affairs to get cost estimates and more information about what would be involved in the LOSSAN Rail Realignment lobbying effort as proposed by Council.

Staff Follow-Up: Staff will work with Council to understand how Townsend Public Affairs (TPA) and/or other outside consulting resources could support LOSSAN Rail Realignment advocacy, obtain estimated costs, and determine next steps.
5) Options to Obtain Resident Input on How/Whether to Continue Undergrounding Program There was Council consensus in support of having staff gather more information about the various options (ballot measure, survey, etc.) for the Council to receive resident input on whether to continue with the Citywide Undergrounding Program.

Staff Follow-Up: The City Council could consider various options for receiving resident input on the Citywide Undergrounding Program including conducting an informal survey distributed by staff, conducting a formal community survey led by a specialized consultant, holding community workshops or public City Council discussions to solicit feedback, and/or placing a measure on the November 2026, General Municipal Election ballot. These options vary in cost and staff time.

As an example, a city-initiated ballot measure is estimated to cost $30,000-$40,000 and would take approximately 50 staff and City Attorney hours, and the last formal third-party community survey conducted by the City in 2016 cost $21,000.
6) Bike Lanes Safety Improvements
The Council discussed looking for opportunities to improve bike lane safety when possible, such as through the existing Jimmy Durante Bike Lane Improvement workplan item.

Staff Follow-Up: Staff proactively works with City traffic engineers and bicycle advocacy groups to identify bicycle lane safety improvements. The physical improvements are typically integrated into the City’s Pavement Management Program because fresh asphalt pavement is the City’s best opportunity to install the improvements with new thermoplastic striping.

For example, staff has been working with the City’s Traffic Engineer, Del Mar Fairgrounds (including Del Mar Thoroughbred Club), and bicycle advocacy groups to improve bicycle safety along Jimmy Durante Boulevard. The improvements are targeted for installation after Jimmy Durante Boulevard receives a fresh asphalt grind and overlay in late 2025/early 2026. Previous bicycle lane improvements along the City’s major arterials include narrower vehicle lanes, wider bicycle lanes, and green conflict zone striping.

The cost of this work is included in the funding for the City’s Pavement Management Program. The City also budgets an additional $60,000 annually for major arterial bike route repairs. This work is ongoing and operational.
7) Traffic Speed Calming
Council consensus was for staff to work with the City’s contract Traffic Engineer to weigh in on whether the City can reduce the speed by 5mph without a speed study; evaluate other traffic calming measures for major arterials; and if necessary, complete speed surveys which would allow the City to set the speed limit within 5 mph of the 85th percentile and then reduce it further by 5 mph.

Staff Follow-Up: Staff proactively works with City traffic engineers and the Traffic Parking Advisory Committee (TPAC) to conduct speed surveys and post the lowest possible enforceable speed limits in compliance with California Vehicle Code. As an annual work plan item, staff works with TPAC to identify major arterial roadway segments to conduct speed surveys with a goal to lower posted speed limits. TPAC’s proposed FY 2025-26 Workplan includes a speed survey item where: 1) TPAC will identify major arterial segments for staff to conduct speed surveys; 2) Staff will conduct the speed surveys and round the 85% percentile to the nearest 5 mph limit; and 3) then potentially reduce the posted speed limit by an additional 5 mph as recommended by the City Traffic Engineer. 13 April 21, 2025 Item 12
The City also proactively identifies and installs traffic calming measures along major arterials such as narrower vehicle lanes, wider bicycle lanes, green conflict zone striping, pedestrian bulb outs, pedestrian activated flashing crosswalks, proactive traffic striping, and retro-reflectivity traffic signage.

These activities are ongoing and routine, and funded annually through the City’s approved operating budget or incorporated into capital improvement projects as appropriate. 8) Smoke Free City Signs to Enforcement Ordinance
Council consensus was for staff to explore potential enforcement options including following up with apartment complexes where people smoke outside; increasing enforcement activities by the City’s Beach and Community Patrol Officers (BCPO); partnership with Del Mar Village Association (DMVA); and consideration to place additional no smoking signage in key areas, including the Del Mar Plaza.

Staff Follow-Up: Signs in one of the areas discussed, 4th Street and Stratford Court, were recently replaced based on a recommendation from Community Services due to several recent contacts on the sidewalk adjacent to the high-density housing complex noted in the Goals and Priorities discussion. Community Services will perform an assessment of current signage, most of which is in City parks and public beach accesses, and refresh or replace the existing inventory. The two areas noted by Council were the 4th Street and Stratford Court location and the public sidewalk adjacent to the Plaza along the 1500 block of Camino Del Mar. Community Services will identify potential locations for signage in the public ROW to add non-intrusive “No Smoking” signage in accordance with the City’s municipal code related to smoking. Other areas of the City with frequent complaints or recommended by Council may also be considered. Staff does not anticipate additional costs beyond the City’s approved operating budget to provide enforcement and add or replace signage, as needed.
9) Electrification Incentivization
Council consensus was for staff to look for opportunities to incentivize the implementation of electrification specifically for new construction or major remodels.

Staff Follow-Up: Staff and the Sustainability Advisory Committee (SAC) will continue to research and gather information about high-performance reach codes similar to one recently adopted by the City of Encinitas. Staff has not been directed by the Council to develop a high-performance reach code, as the City Attorney continues to advise a “wait and see” approach to any electrification ordinance (i.e., a highperformance reach code) due to recent court rulings that have challenged and overturned ordinance that require building electrification.
it is estimated that moderate staff time would be needed to research high- performance reach codes and to coordinate with SAC and organizations that offer electrification incentives. Given that staff’s primary focus for FY 2025-26 will be on the City’s Climate Action Plan update, it is anticipated that staff can bring an informational update on this topic to the Council by the end of calendar year 2025. 10) City Facilities Gas Appliances Inventory
Council consensus was to add creation of a City Facilities Gas Appliances Inventory to the FY 2025- 2026 Citywide Work Plan as a Tier 3 Priority; to add the item to the Sustainability Advisory Committee (SAC) FY 25-26 Workplan; and for staff to work on a policy that prioritizes the purchase of electric appliances and vehicles when possible for recommendation by SAC and consideration by the City Council.
14 April 21, 2025 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Fiscal Year 2025-2026 Advisory Committee Work Plans REQUESTED ACTION/RECOMMENDATION:

Staff requests that the City Council: 1) Review the proposed Fiscal Year (FY) 2025-2026 work plans for the City’s advisory committees (Attachment A); 2) Consider the work plan recommendations provided by staff included in Attachment B; and 3) Provide direction to staff as may be needed to approve the FY 2025-2026 advisory committee work plans.

BACKGROUND:

Each year, the City Council goes through an annual Goals and Priorities Setting process to establish and update the City’s Work Plan and inform the City’s budget and allocation of resources. As a kickoff to the upcoming two-year budget cycle, the City Council held a Goals and Priorities Setting Workshop on March 5, 2025, to establish the City’s FY 2025-2026 and 2026-2027 Work Plan. An update on the FY 2025-2026 and 2026-2027 Work Plan will be discussed under a separate agenda item for the City Council Meeting on April 21, 2025.

In accordance with the Standard Operating Principles for Advisory Committees (Attachment C) and City Council Policy 204 - Advisory Committee Work Plans (Attachment D), advisory committees met in early 2025 to prepare draft FY 2025-2026 work plans for City Council consideration and approval.

The next step in the goal setting and budgeting process is for the City Council to evaluate the proposed committee work plans against the Council’s Goals and Priorities to see where they overlap and/or align. The City’s current practice is to align advisory committee work plans with the City’s approved Work Plan that will inform the next two-year budget.

DISCUSSION/ANALYSIS:

Following the Council Goals & Priorities Setting Workshop, staff reviewed the proposed advisory committee work plans and organized work plan items into three categories: 1) Work plan items related to City operations (routine in nature and/or relate to the City’s daily operations); 2) Work plan items with a direct nexus to the Council’s Goals and Priorities/City Work Plan; and 3) Work items that are not directly related to the Council’s Goals and Priorities/City Work Plan for the upcoming fiscal year (2025-2026). 1 April 21, 2025 Item 13
City Council Agenda Report
Fiscal Year 2025-2026 Advisory Committee Work Plans
April 21, 2025

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Del Mar City CouncilApril 21, 2025

Del Mar City Council
April 21, 2025