Table of Contents
4-21-2025 Regular Meeting Agenda.pdf
Item 2 - FY24- MQ citizen oversight committee report.pdf Item 3 -Minutes.pdf
Item 4 - List of Demands.pdf
Item 6 - Agenda Report CC PF CCC Mods Adoption.pdf
Item 7 - SAC Appointment.pdf
Item 8 - Agenda Report - DMF Grant Agreements for SCUBA Equipment & AEDs.pdf Item 9 - Agenda Report ADU LCPA CCC Mods.pdf
Item 10 - FINAL_Weber Amending Map_1201 Cuchara Drive.pdf Item 11 - Undergrounding Program Updated and Related Actions.pdf Item 12 - Council Goals and Priorities Recap.pdf
Item 13 - FY25-26 Advisory Committee Work Plans.pdf
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, April 21, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. PRESENTATIONS
1. Del Mar Public Safety Presentation (Sheriff/Fire)
Recommended Action: Receive presentation from Sheriff Captain Shane Watts and Fire Chief Josh Gordon.
Reference: Clerk’s File No. 1101-2, 1101-8
2. FY 2023-24 Measure Q Citizen Oversight Committee Review Recommended Action: Receive presentation from Measure Q Citizen Oversight Committee Chair.
Reference: Clerk’s File No. 401-5
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
3. Approval of Minutes: April 7, 2025 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
4. Ratification of List of Demands dated April 21, 2025 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
5. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
6. Second Reading and Adoption of an Ordinance to Accept California Coastal Commission (CCC) Modifications to Amend Del Mar Municipal Code (DMMC) Chapters 30.22 (Central Commercial Zone) and 30.31 (Public Facilities Zone) in Local Coastal Program Amendment Ordinance No. 1006 Adopted by the City Council on April 15, 2024, for Consistency with the February 6, 2025, Coastal Commission Conditional Certification Decision Recommended Action: Staff recommends the City Council adopt the Ordinance (Attachment A) to accept changes required by the CCC as a condition of final certification of the Local Coastal Program Amendment (LCPA), which amends the Central Commercial (CC) Zone regulations in DMMC Chapter 30.22 and Public Facilities (PF) Zone regulations in DMMC Chapter 30.31 to increase local housing capacity.
Reference: Clerk’s File No. 303-1, 401-4, 401-9, 1502-14
7. Appointment to the Sustainability Advisory Committee Recommended Action: The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council appoint Ann Feeney as a voting member to serve a full three-year term beginning April 21, 2025, and ending on April 30, 2028.
Reference: Clerk’s File No. 401-5
Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Approval of Grant Agreements with the Del Mar Foundation to Purchase SCUBA Equipment and Automated External Defibrillators
Recommended Action: Staff recommends that the City Council: 1) Accept grant funds from the Del Mar Foundation in the amount of $6,500 for new SCUBA equipment and $17,500 for seven new automated external defibrillators; 2) Authorize the City Manager to execute the necessary grant agreements (Attachments A & B); and 3) Amend the Fiscal Year 2024- 2025 Operating and Capital Budget to reflect the grant funds.
Reference: Clerk’s File No. 201-3, 1202-11
IX. PUBLIC HEARING
9. Introduction of an Ordinance to Accept California Coastal Commission (CCC) Modifications to Ordinance No. 1002 Adopted by the City Council on December 18, 2023, to Amend Del Mar Municipal Code (DMMC) Chapters
30.91 (Accessory Dwelling Unit Regulations) and 30.75 (Coastal Development Permits) in the Local Coastal Program for Consistency with the March 13, 2025, CCC Conditional Certification Decision Recommended Action: Staff recommends the City Council take the following actions:
1) Confirm staff’s determination that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to various statutory and categorical exemptions in the CEQA Guidelines and prior environmental analysis in the 6th Cycle Housing Element Program Environmental Impact Report as further described in the Environmental Impact statement in the Agenda Report below; and 2) Introduce an Ordinance (Attachment A) to accept changes required by the CCC as a condition of final certification of the Local Coastal Program Amendment (LCPA), which amends the Accessory Dwelling Unit (ADU) regulations in DMMC Chapter 30.91 and Coastal Development Permit regulations in DMMC Chapter
30.75. Reference: Clerk’s File No. 303-1, 401-4, 401-9
10. 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
Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Recommended Action: 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).
Reference: Clerk’s File No. 301-18
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
11. 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.
Recommended Action: 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.
Reference: Clerk’s File No. 1001-2
12. Recap of the 2025 City Council Goals and Priorities Setting Workshop and Council Approved FY 2025-26 and FY 2026-27 City Work Plan Recommended Action: 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.
Reference: Clerk’s File No. 401-1
Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
13. Fiscal Year 2025-2026 Advisory Committee Work Plans Recommended Action: 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.
Reference: Clerk’s File No. 401-5
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Gaasterland/Spelich)
B. Del Mar Community Connections (Martinez/Spelich)
C. Del Mar Village Association (Gaasterland/Martinez)
D. Finance Committee (Gaasterland/Spelich)
E. Housing Subcommittee (Gaasterland/Martinez)
F. Human Resources Subcommittee (Gaasterland/Martinez)
G. Legislative Subcommittee (Gaasterland/Martinez)
H. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) I. Parks and Recreation Committee (Martinez/Quirk)
J. Del Mar Railroad Subcommittee (Gaasterland/Martinez) Del Mar City Council Regular Meeting April 21, 2025
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us K. Lagoon Committee (Gaasterland/Spelich)
L. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
M. Shores Advisory Committee
N. Sustainability Advisory Committee (Martinez/Gaasterland) O. Traffic and Parking Advisory Committee (Quirk/Spelich) P. Undergrounding Program Advisory Committee (Gaasterland/Spelich) Q. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
May 5, 2025
Agreement for As-Needed Specialized Legal Services
Initial Recommendations from Committee Efficiencies Task Force Second Reading/Adoption of Ordinance to Accept California Coastal Commission Modifications to ADU LCPA (HE Programs 2F and 6B)
Amendments to Reclaimed Water Agreements with San Elijo JPA and 22nd District Agricultural Association
Second Reading/Adoption of Bike/E-Bike Ordinance
Design Review Board Interviews and Appointments
Jimmy Durante Boulevard Bluff Stabilization Project Informational Update XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 16th day of April, 2025 at approximately 6:55 p.m.
___________________________________________ 4/16/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
MEASURE Q CITIZEN OVERSIGHT
COMMITTEE ANNUAL REPORT
FY 2023-24
April 21, 2025
1 1 April 21, 2025 Item 02
MEASURE Q OVERVIEW
• Measure Q passed on November 8, 2016
• 1% sales tax for purpose of providing general city services and infrastructure projects • City Council committed to use Measure Q funds for:
• Downtown Streetscape Project
• Shores Park Development
• Citywide Utility Undergrounding
• Measure Q Citizen Oversight Committee established
• Verify revenues are properly set aside
• Verify expenditures are for approved projects and accurately tracked • Committee Mandate does not include providing input on how Measure Q funds are spent • Current Committee Members
• Alan Lonbom, Chair; Steven McDowell, Vice Chair; Tom McGreal, Secretary, and Nancy Stoke • Current Council Liaisons
• Councilmember Dan Quirk (primary) and Mayor Terry Gaasterland (alternate) 2 2 April 21, 2025 Item 02
MEASURE Q COMMITTEE APPROACH
IDENTIFICATION OF POTENTIAL KEY RISKS
• Revenues – Potential key risks
• Measure Q revenue misstated by Taxing Authority
• Measure Q revenues applied to wrong account
• Expenditures – Potential key risks
• Measure Q funds used for non-City Council approved projects • Measure Q project expenditures not accurately tracked • Measure Q funds expended were not properly budgeted and approved • Measure Q internal costs applied using inappropriate methodology • Other Potential key risks
• Other transactions have inappropriately impacted Measure Q Fund balance 3 3 April 21, 2025 Item 02
MEASURE Q COMMITTEE PROCEDURES
PROCEDURES TO ADDRESS IDENTIFIED POTENTIAL KEY RISKS
• Scope of work – Fiscal Year Ended June 30, 2024
• Revenues
• Compared historical trends/relationship to general sales tax revenues • Reconciled revenue reports to Revenue Summary
• Traced randomly selected periods to supporting source documents • Expenditures
• Reconciled expenditure reports to Expenditure Summary • Traced randomly selected transactions to supporting source documents • Ensured that expenditures selected were properly budgeted and approved • Reviewed process for approvals authorizing payment
• Reviewed internal personnel costs charged to Measure Q • Transfers/Loans
• No such activity noted during the reporting period
• Investment Earnings
• Reviewed investment earnings including fair market value adjustments 4 4 April 21, 2025 Item 02
MEASURE Q FUND SUMMARY
YEAR REVENUES EXPENDITURES ENDING FUND
BALANCE
2016-2019 $6,464,867 $4,109,011 $2,355,856
2019-2020 2,320,274 3,511,300 $1,164,830
2020-2021 2,339,901 202,171 $3,302,560
2021-2022 3,297,998 907,051 $5,693,507
2022-2023 3,401,946 1,325,554 $7,769,899
2023-2024 3,780,938 1,174,333 $10,376,504
TOTALS $21,605,924 $11,229,420 $10,376,504
5 5 April 21, 2025 Item 02
MEASURE Q REVENUE ANALYSIS
FY 2023-24
• FY 2019 $2.9M
• FY 2020 $2.3M
• FY 2021 $2.3M
• FY 2022 $3.3M
• FY 2023 $3.4M
• FY 2024 $3.8M
• The increase in Revenue from FY23 to FY24 is primarily attributed to investment earnings. Such earnings include $297,050 in interest and $156,076 in fair market value changes.
• Measure Q Revenue exceeded Sales Tax Revenue for FY24 by $1.1 million (52%), which is consistent with prior year trends. 6 6 April 21, 2025 Item 02
SALES TAX COMPONENTS:
Rate Jurisdiction Purpose
Sales and Use Tax Rate
6.00% State State’s General Fund, Local Funds and Programs
1.00% Local City of Del Mar Sales Tax
0.25% Local County transportation funds
District Taxes
0.50% SANDAG San Diego County Regional Transportation Commission
1.00% Del Mar Measure Q
8.75% Total
7 7 April 21, 2025 Item 02
SOURCE COMPARISON:
MEASURE Q VS. SALES TAX
FY 2023-24 Measure Q % Sales
Tax
%
Restaurants/Hotels $ 1.4M 42% $1.3M 59%
General Consumer 0.8M 23% 0.3M 14%
Business 0.4M 12% 0.1M 4.5%
Other (incl. Auto) 0.7M 23% 0.1M 4.5%
Pools 0 0% 0.4M 18%
Total Revenue $3.3M 100% $2.2M 100%
• The mix from each source is holding constant for the past five years • Measure Q derived more revenue from online sales and auto sales/leases • Del Mar’s share of Sales Tax pool revenues was lower than the Measure Q District tax direct collections 8 8 April 21, 2025 Item 02
MEASURE Q EXPENDITURES
PROJECT FY
2019-20
FY
2020-21
FY
2021-22
FY
2022-23
FY
2023-24
Downtown Streetscape $3,115,661 $ - $ - $ - $ -
Shores Park 767 11,402 - - -
Undergrounding 240,269 137,510 688,100 1,265,679 1,008,805 Roadway & Sidewalks
(MOE)*
- - 150,000 - 75,000
Staff costs** 154,603 53,259 68,951 59,875 90,528
Total Expenditures $3,511,300 $202,171 $907,051 $1,325,554 $1,174,333 *Maintenance of Effort (MOE) – Measure Q required portion of street related expenditures. **Staff costs – Based on actual hours worked by City staff related to Measure Q projects. 9 9 April 21, 2025 Item 02
MEASURE Q COMMITTEE CONCLUSIONS
• Revenues
• Measure Q revenues reasonable in relation to general sales tax revenues • Detailed selection of revenue agreed with supporting source documents • Expenditures analysis
• Detailed selection of expenditures agreed with supporting transaction documents • Selections were for City Council authorized Measure Q projects and did not exceed the approved budgets
• Staff’s process for review and approval of expenditures was consistent with non-Measure Q Projects
• Method used to apply internal personnel costs charged to Measure Q appears appropriate and reasonable
• Transfers/Loans
• No transfer or loan activity during reporting period
• Investment Earnings
• Investment earnings appear reasonable
10 10 April 21, 2025 Item 02
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
APRIL 7, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Gaasterland called the meeting to order at 3:00 P.M.
ROLL CALL
Present: Mayor Gaasterland; Deputy Mayor Tracy Martinez; and Councilmember John Spelich
Absent: Councilmember Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project; 2) SANDAG San Dieguito Double Tracking Project Encroachment Permits
Authority: Government Code Section 54956.9(d)(2)
Action Taken: None.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:30 P.M.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
1 April 21, 2025 Item 03
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 7, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Gaasterland called the Regular Meeting to order at 4:32 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; and Councilmember John Spelich
Absent: Councilmember Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the April 7, 2025, City Council Closed Session meeting. Councilmember Quirk was absent from the meeting.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and the following individuals spoke:
1) Dwight Worden
2) Ann Feeney
3) Harold Standerfer, representing the Sierra Club
4) Peter Lasensky
5) Diana Kutlow, representing Senator Catherine Blakespear provided a legislative update Mayor Gaasterland closed public oral communications.
In response to public comments raised, Councilmember Spelich inquired about the legal implications specific to State law and the City Council’s discussion on February 18, 2025, as they pertain to the Mayor’s recent participation in the City Selection Committee of the County of San Diego’s vote to appoint a District 3 member to the Air Pollution Control District. City Attorney Leslie Devaney provided a response.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
2 April 21, 2025 Item 03
City Council Regular Minutes
April 7, 2025
CITY MANAGER’S REPORT
City Manager Ashley Jones provided an update on the San Diego Association of Government (SANDAG) Del Mar Bluff 5 (DMB5) project and related mitigation projects and explained that City staff have routine communications with SANDAG staff to stay informed on the Bluff 5 project construction impacts and status of the upcoming mitigation projects.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar.
Eric Sandy provided comment on the donation provided to the City by the Patrick O’Harra Memorial Fund for Item 6.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 7 AND ITEM 9. (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: FEBRUARY 27, 2025 SPECIAL MEETING, MARCH 3, 2025 REGULAR AND SPECIAL MEETING, MARCH 5, 2025 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 7, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: AUTHORIZATION TO APPLY FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (CLERK’S FILE NO. 201-13, 1506-1)
Council adopted Resolution 2025-05, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA AUTHORIZING THE CITY MANAGER TO APPLY
FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS” and authorized the City Manager to approve and execute all agreements and related documents necessary for the grants, on consent.
ITEM 5: PROPOSED COMPENSATION PLAN AMENDMENTS FOR SPECIFIC PUBLIC WORKS AND COMMUNITY SERVICES LIFEGUARD POSITIONS (CLERK’S FILE NO. 502-1)
3 April 21, 2025 Item 03
City Council Regular Minutes
April 7, 2025
Council adopted Resolution 2025-06, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE MANAGEMENT, PROFESSIONAL,
AND CONFIDENTIAL COMPENSATION PLAN, THE GENERAL EMPLOYEE
COMPENSATION PLAN, AND THE MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES COMPENSATION PLAN”, to reflect the proposed changes to specific Public Works and Community Services Lifeguard positions, on consent.
ITEM 6: ACCEPTANCE OF A DONATION FROM THE PATRICK O’HARRA MEMORIAL FUND TO PURCHASE NEW INFLATABLE RESCUE BOAT (IRB) (CLERK’S FILE NO. 201- 16)
Council accepted a donation of $10,000 from the Patrick O’Harra Memorial Fund to purchase a new Inflatable Rescue Boat; and amended the Fiscal Year 2024-2025 Operating and Capital Budget to reflect the donation, on consent.
ITEM 7: ACCEPTANCE OF A DONATION FROM THE ROTARY CLUB OF DEL MAR TO PURCHASE NEW ROPE RESCUE EQUIPMENT (CLERK’S FILE NO. 201-16) Council accepted a donation of $1,997.30 from the Rotary Club of Del Mar to purchase rope rescue equipment; and amended the Fiscal Year 2024- 2025 Operating and Capital Budget to reflect the donation, on consent.
PUBLIC HEARING
ITEM 8: ENCROACHMENT PERMIT (EP) 25-019 RELATED TO THE CONSTRUCTION OF THE
SAN DIEGUITO DOUBLE TRACK PROJECT PEDESTRIAN UNDERCROSSING AND
ASSOCIATED IMPROVEMENTS
APPLICANT: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) (CLERK’S FILE NO. 802-1, 1506-1)
This agenda item involves a resolution and would require three Councilmembers to participate in hearing the item. However, Deputy Mayor Martinez and Councilmember Spelich were conflicted from participating in the item due to living within 500 feet of the subject location and Councilmember Quirk was absent from the meeting. Therefore, the Council was not able to hear the item.
Therefore, a brief presentation was provided by Planning and Community Development Director Karen Brindley in which she stated that agenda Item 8 involves a request from SANDAG for an Encroachment Permit, (EP 25-019) that includes improvements on City property and right-of-way related to the construction of the San Dieguito Double Track Project. The Encroachment Permit includes water and sewer line relocation and improvements, grading improvements to Coast to Crest Trail in order to allow a pedestrian undercrossing that impacts City of Del Mar property, as well as staging and construction access on and from City of Del Mar property and right-of way. Additionally, this project includes a request for a Utility Agreement between the City of Del Mar and SANDAG and the request to waive planning application fees in the amount of $2,085.
As such, staff and the City Attorney recommended the City Council take the following four actions:
1. Delegate the decision authority on EP25-019 to the City Manager; and
2. Delegate the determination to execute the associated Utility Agreement between SANDAG and the City of Del Mar to the City Manager; and
3. Delegate the decision on the request to waive planning application fees to the City Manager; and 4 April 21, 2025 Item 03
City Council Regular Minutes
April 7, 2025
4. Affirm the CEQA determination this action does not constitute a project under CEQA Guidelines Section 15378 in that the delegation of decision authority on this action does not constitute a “Project” as this administrative activity will not result in direct or indirect physical changes in the environment.
There were no public speakers for this item.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY MAYOR GAASTERLAND TO DELEGATE DECISION AUTHORITY TO THE CITY MANAGER FOR EP25-019; AUTHORIZE THE CITY MANAGER TO EXECUTE UTILITY AGREEMENT; AUTHORIZE THE CITY MANAGER TO WAIVE ASSOCIATED PLANNING APPLICATION FEES IN THE AMOUNT OF $2,085, WHICH IS A STANDARD PRACTICE AMONG GOVERNMENT AGENCIES; AND TO AFFIRM CEQA DETERMINATION. (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
ITEM 9: RESOLUTION APPROVING THE DEL MAR PROJECTS FOR INCLUSION IN THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025-2026 THROUGH 2029-2030 (CLERK’S FILE NO. 901-2, 1506-1) Mayor opened the public hearing. There were no public speakers for the item. Mayor Gaasterland closed the public hearing. This item was moved to consent for approval of Resolution 2025-07, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE
LIST OF DEL MAR PROJECTS FOR INCLUSION IN THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025-2026 THROUGH 2029-2030.” ITEM 10: INTRODUCTION OF ORDINANCE TO REGULATE BICYCLES, INCLUDING ELECTRIC BICYCLES, IN THE CITY OF DEL MAR (CLERK’S FILE NO. 401-4, 401-9) An introduction to the item was provided by City Manager Jones. A presentation was provided by Management Analyst Ashlea Houston. Assistant City Manager Clem Brown was available to answer questions.
Council questions focused on whether e-bikes and bicycles were permitted for use on sidewalks; clarification regarding circumstances when bikers can bike outside of the bike lane; and clarification on the options to amend the ordinance presented by staff to the City Council.
There were no public speakers for this item.
Council discussion focused on the importance of the ordinance for enforcement purposes; consistency with regulations adopted by Encinitas and Solana Beach; support for the ordinance; and a request to staff to further research the issue of bikes being permitted on the sidewalks in areas other than business districts where the ordinance already prohibits biking on sidewalks.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY MAYOR GAASTERLAND TO
APPROVE THE INTRODUCTION OF THE ORDINANCE WITH THE AMENDMENT IN OPTION TWO
IN RED DOT AND WITH STAFF TO RETURN WITH MORE INFORMATION ABOUT BIKES ON SIDEWALKS BY LOOKING AT STATE LAW. (VOTE 3-1 WITH COUNCILMEMBER QUIRK ABSENT) 5 April 21, 2025 Item 03
City Council Regular Minutes
April 7, 2025
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
ITEM 11: INTRODUCTION OF AN ORDINANCE TO ACCEPT CALIFORNIA COASTAL
COMMISSION (CCC) MODIFICATIONS TO AMEND DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 30.22 (CENTRAL COMMERCIAL ZONE) AND 30.31 (PUBLIC FACILITIES ZONE) IN LOCAL COASTAL PROGRAM AMENDMENT ORDINANCE NO. 1006 ADOPTED BY THE CITY COUNCIL ON APRIL 15, 2024, FOR CONSISTENCY WITH THE FEBRUARY 6, 2025, COASTAL COMMISSION CONDITIONAL CERTIFICATION DECISION (CLERK’S FILE NO. 401-4, 401-9, 1502-14) An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Brindley was available to answer questions.
Council questions focused on clarification of height above grade versus height above curb; and rational for inclusion of the 28th Street lot located in the Public Facilitates Zone in this action.
There were no public speakers for this item.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO INTRODUCE THE ORDINANCE. (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 12: FISCAL YEAR 2023-24 FINAL FINANCIAL REPORT AND FISCAL YEAR 2024-25 MIDYEAR FINANCIAL REPORT (CLERK’S FILE NO. 202-5) An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Officer Monica Molina. Finance Manager Marco Camacho was available remotely to answer questions.
Council questions and discussion focused on the impact related to economic trends on Del Mar’s revenues; timing for the Council to consider projects that could have a budget impact such as the Jimmy Durante Boulevard stripping and repaving project and bluff stabilization project; desire to receive update on Capital Improvement Project (CIP) grant funding as part of the budget process at the Budget Workshop at May 27, 2025; application of the Finnell plan and the City Council’s goal; trends in the quarterly sales tax receipts; and clarification on why Measure Q sales tax is slightly higher than regular sales tax.
There were no public speakers for this item.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO RECEIVE REPORTS AND ADOPT RESOLUTION 2025-08, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET.” (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) 6 April 21, 2025 Item 03
City Council Regular Minutes
April 7, 2025
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
Vote:
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance (CEA); Del Mar Community Connections (DMCC); North County Transit District (NCTD); San Diego Association of Governments (SANDAG) Board of Director; Finance Committee; Undergrounding Program Advisory Committee; and Housing Subcommittee.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:20 p.m.
______
Sarah Krietor, Administrative Services Manager/
City Clerk
7 April 21, 2025 Item 03
Vendor Payment Checks $ 358,395.45
Voids -
Electronic Fund Transfers (EFT) 812,018.53
Electronic Wires 178,043.55
Total $ 1,348,457.53
Approved by: Approved by:
Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
April 21, 2025
1 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
1 4:31:20PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6729 3/31/2025 lif06 GEN DIGITAL INC. 10010561345 3/15/2025 VOL LIFELOCK BENEFIT 144.41 144.41 Voucher: 6729
6730 3/31/2025 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 48863 3/1/2025 VOL LEGAL INS 179.50 179.50 Voucher: 6730
Sub total for EFT GENERAL ACCOUNT US BANK: 323.91
Page: 1
2 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
2 4:31:20PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8074 3/31/2025 hea02 HEALTH NET BFC29AAPR25 3/15/2025 HEALTH INS APR 38,856.83 38,856.83 Voucher: 8074
8075 3/31/2025 kai01 KAISER PERMANENTE 475311878987 3/10/2025 HEALTH INS APR 16,016.87 16,016.87 Voucher: 8075
8076 3/31/2025 mut01 MUTUAL OF OMAHA 001862477164 3/17/2025 AD&D B&D APR 4,761.06 4,761.06 Voucher: 8076
8077 3/31/2025 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001APR25 3/17/2025 DENTAL INS APR 5,578.13 5,578.13 Voucher: 8077
8078 3/31/2025 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001APR253/18/2025 FF LIFE INS APR 54.00 54.00 Voucher: 8078
139503 3/31/2025 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben179461 3/21/2025 CAPF: PAYMENT 234.00 234.00 Voucher: 139503
Sub total for GENERAL ACCOUNT US BANK: 65,500.89
Page: 2
3 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
3 4:31:20PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 65,824.80 Page: 3
4 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
1 3:00:33PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6715 4/1/2025 ace02 ACE UNIFORMS LLC SD0215655 3/14/2025 UNIFORMS CS - 3/14 203.64 203.64 Voucher: 6715
6716 4/1/2025 zep01 ACUITY SPECIALTY PRODUCTS INC, ZEP MANUFACTURING CO 9010833334 2/13/2025 CLEANING SUPP FIRE 681.06 681.06 Voucher: 6716
6717 4/1/2025 als02 ALS GROUP USA CORP 522501709 3/16/2025 WATER SAMPLING MAR 803.50 803.50 Voucher: 6717
6718 4/1/2025 cal81 CALLTOWER INC 202457799 3/25/2025 TELEPHONE APR 634.36 634.36 Voucher: 6718
6719 4/1/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189125601 3/14/2025 INTERNET CH MAR 1,311.74 Voucher: 6719 189123101 3/14/2025 LIFEGUARD FIBER MAR 412.74 189125301 3/14/2025 CH FIBER MAR 412.74
189123801 3/14/2025 LFGRD FIRE MAR 335.35
189125701 3/14/2025 CH FIBER TO FIRE MAR 335.35
189125801 3/14/2025 VIDEO TRNSPT/PEG MAR 335.35
189112801 3/14/2025 VIDEO TRANSPT/PEG MAR 335.35
8448 41 006 01714633/13/2025 PUBLIC WIFI PHCC MAR 166.25 189125401 3/14/2025 DMTV INTERNET MAR 119.99
189125501 3/14/2025 PUBLIC WIFI CH MAR 119.99
189123001 3/14/2025 LFGRD CABLE INTERNET MAR 100.00
189125201 3/14/2025 INTERNET TV STUDIO MAR 93.34 4,078.19 6720 4/1/2025 cos06 COSCO FIRE PROTECTION INC1000710588 2/28/2025 QTLY FIRE SPKLR INSP CH 670.00 670.00 Voucher: 6720
6721 4/1/2025 dev02 DEVANEY PATE MORRIS & CAMERON 10226 3/17/2025 LEGAL FEES FEB 1,146.80 Voucher: 6721 10065 2/7/2025 LEGAL FEES JAN 634.40 1,781.20 6722 4/1/2025 dix01 DIXIELINE LUMBER CO 06-0591830 3/24/2025 OPERATING SUPP CS 205.24 Voucher: 6722 06-0591165 3/17/2025 OPERATING SUPP PW 122.87 06-0590747 3/12/2025 OPERATING SUPP PW 66.88
06-0590553 3/11/2025 OPERATING SUPP PW 18.59
06-0590672 3/12/2025 OPERATING SUPP PW 10.71 424.29
6723 4/1/2025 duk01 DUDEK & ASSOCIATES 202501368 3/17/2025 HOSKA/STRM DRN IMPVTS 13,500.00 Voucher: 6723 202501028 3/10/2025 ENGR SRVCS SD LAGOON 2,655.00 202501150 3/10/2025 ENV SRVCS SD LAGOON 1,450.00 17,605.00 6724 4/1/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00438021 4/1/2025 MOBILE OFFICE PW APR 246.75 246.75 Voucher: 6724
Page: 1
5 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
2 3:00:33PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6725 4/1/2025 pho01 PHOENIX GROUP INFO SYSTEMS 022025036 3/14/2025 CITE SRVCS - FEB 13,315.69 Voucher: 6725 0220251036 3/14/2025 ADMIN CITE SRVCS - FEB 135.36 13,451.05 6726 4/1/2025 pru01 PRUDENTIAL OVERALL SUPPLY132304640 3/14/2025 UNIFORMS PW - 3/14 116.19 116.19 Voucher: 6726
6727 4/1/2025 swc01 SWCA ENVIRONMENTAL CONSULTANTS 215426 3/12/2025 ENV ASSESSMT QUALANTONE 1,099.50 1,099.50 Voucher: 6727
6728 4/1/2025 wex01 WEX BANK 0496-00495760-1 3/6/2025 GAS & OIL - FIRE 955.53 Voucher: 6728 0496-00-496745-1 3/23/2025 GAS & OIL CS MAR 904.34 1,859.87 Sub total for EFT GENERAL ACCOUNT US BANK: 43,654.60
Page: 2
6 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
3 3:00:33PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139479 4/1/2025 adt02 ADT SECURITY SERVICES 1127897731 3/13/2025 ALARM 1700 COAST APR/JUN 143.82 143.82 Voucher: 139479
139480 4/1/2025 sbc03 AT&T 9391054486 3/20/2025 TELEPHONE MAR 186.20 Voucher: 139480 9391026230 3/20/2025 TELEPHONE MAR 62.95 9391031506 3/20/2025 TELEPHONE MAR 61.75
9391026231 3/20/2025 TELEPHONE MAR 61.75
9391026228 3/20/2025 TELEPHONE MAR 31.65 404.30
139481 4/1/2025 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 24251 3/8/2025 STRATFORD COURT PROJ 5,163.00 Voucher: 139481 24252 3/8/2025 HOSKA/STRM DRN IMP PROJ 2,688.00 7,851.00 139482 4/1/2025 cal33 CALOLYMPIC SAFETY 3000015 3/6/2025 GLOVES PW 523.85 523.85 Voucher: 139482
139483 4/1/2025 cit07 CITY OF SAN DIEGO 1000411790 2/27/2025 WATER TREATMENT JAN 22,741.91 22,741.91 Voucher: 139483
139484 4/1/2025 com20 COMFORT SOLUTIONS GROUP DBA, UNIVERSAL AUTOMATION SVCS 1483 3/14/2025 SENSOR RPLCMNTS PW 2,562.60 2,562.60 Voucher: 139484
139485 4/1/2025 cou01 COUNTY OF SAN DIEGO 03112025 3/11/2025 PARKING BAIL FEB 22,741.00 22,741.00 Voucher: 139485
139486 4/1/2025 eng12 ENGEO INCORPORATED 299378 2/21/2025 29TH ST SEAWALL SVCS 3,000.00 3,000.00 Voucher: 139486
139487 4/1/2025 fri06 FRIEDMAN & SPRINGWATER LLP 1000877 3/14/2025 UG CONSULT SRVCS 15,636.00 15,636.00 Voucher: 139487
139488 4/1/2025 gal02 GALLS LLC 030458802 2/13/2025 UNIFORMS - CS 115.20 Voucher: 139488 030658332 3/6/2025 UNIFORMS - CS 181.92 297.12 139489 4/1/2025 par35 PARADIGM MECHANICAL CORP, SAN DIEGO REFRIGERATION 110538 3/12/2025 HVAC SRVCS CH 525.00 525.00 Voucher: 139489
139490 4/1/2025 por10 PORTABLE STORAGE CORP 165379 3/18/2025 STORAGE CS APR 176.00 176.00 Voucher: 139490
139491 4/1/2025 pre06 PRECISION CONCRETE CUTTING 25-0038 3/17/2025 TRIP HAZARD ASSESSMT 5,502.31 5,502.31 Voucher: 139491
139492 4/1/2025 rus01 RUSTY DEL MAR 00010000000604 3/7/2025 PADDLEBOARDS CS 258.00 258.00 Voucher: 139492
139493 4/1/2025 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 3/18/2025 UTILITIES JAN/FEB 10,669.74 10,669.74 Voucher: 139493
Page: 3
7 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
4 3:00:33PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139494 4/1/2025 sdg02 SAN DIEGO GAS & ELECTRIC0081 7377 2988 5 3/7/2025 UTILITIES FEB 9,252.89 Voucher: 139494 0066 5491 6833 1 3/7/2025 UTILITIES FEB 6,195.65 2100 0065 8024 7 3/7/2025 UTILITIES FEB 732.69
0067 3735 0888 1 3/6/2025 UTILITIES FEB 325.34
0085 7750 3585 7 3/6/2025 UTILITIES FEB 20.11
0066 5491 5032 1 3/5/2025 UTILITIES FEB 11.69 16,538.37 139495 4/1/2025 spa01 SPARKLETTS 18139543 032325 3/23/2025 WATER CH 122.41 122.41 Voucher: 139495
139496 4/1/2025 ste08 STEPHEN DALTON ARCHITECTS INC. 2040-04 3/17/2025 2040 DM ARCHITECT SVCS 2,395.80 2,395.80 Voucher: 139496
139497 4/1/2025 ter11 TERMINIX COMMERCIAL 457702112 3/17/2025 PEST CONTROL SRVCS PW 140.98 140.98 Voucher: 139497
139498 4/1/2025 uli02 ULINE 190340854 3/13/2025 SANDBAGS PW 97.73 97.73 Voucher: 139498
139499 4/1/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 02032/24/2025 US BANK CHARGES FEB 26,260.85 26,260.85 Voucher: 139499
139500 4/1/2025 ver03 VERIZON WIRELESS 872374736-00004 3/18/2025 TELEPHONE MAR 227.53 Voucher: 139500 570653198-00007 3/18/2025 TELEPHONE MAR 114.03 570653198-00009 3/18/2025 TELEPHONE MAR 40.02 381.58
139501 4/1/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83107652 3/18/2025 JANITORIAL SUPP PW 1,133.45 Voucher: 139501 83107636 3/18/2025 JANITORIAL SUPP PW 331.63 83107635 3/18/2025 JANITORIAL SUPP PW 198.98 1,664.06
139502 4/1/2025 act03 WILLIAMS SCOTSMAN INC 9023303432 3/15/2025 MOBILE OFFICE PW MAR/APR 156.12 156.12 Voucher: 139502
Sub total for GENERAL ACCOUNT US BANK: 140,790.55
Page: 4
8 April 21, 2025 Item 04
03/31/2025
Check List
City of Del Mar
5 3:00:33PM
apChkLst Final Page:
38 checks in this report. Grand Total All Checks: 184,445.15 Page: 5
9 April 21, 2025 Item 04
04/02/2025
Check List
City of Del Mar
1 4:54:42PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4102 4/4/2025 irs01 IRS, UNITED STATES TREASURY Ben179634 4/4/2025 FEDERAL TAX: PAYMENT 42,927.95 42,927.95 Voucher: 4102
4103 4/4/2025 per01 PERS Ben179636 4/4/2025 PERS CONTRIBUTIONS: PAYMENT 54,796.53 54,796.53 Voucher: 4103
4104 4/4/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben179638 4/4/2025 STATE TAX: PAYMENT 12,244.17 12,244.17 Voucher: 4104
4105 4/4/2025 per02 PERS 457 Ben179640 4/4/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,580.13 2,580.13 Voucher: 4105
4106 4/4/2025 ida01 IDAHO STATE TAX COMMISSIONBen179642 4/4/2025 IDAHO STATE TAX COMMISSION: PAYMENT 227.88 227.88 Voucher: 4106
Sub total for GENERAL ACCOUNT US BANK: 112,776.66
Page: 1
10 April 21, 2025 Item 04
04/02/2025
Check List
City of Del Mar
2 4:54:42PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6731 4/4/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben179630 4/4/2025 401A PLAN: PAYMENT 539.00 539.00 Voucher: 6731
6732 4/4/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben179622 4/4/2025 MISSION SQUARE 457B: PAYMENT 9,835.27 9,835.27 Voucher: 6732
6733 4/4/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben179632 4/4/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 719.97 719.97 Voucher: 6733
6734 4/4/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben179624 4/4/2025 DMCEA DUES: PAYMENT 299.00 299.00 Voucher: 6734
6735 4/4/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben179628 4/4/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,339.10 1,339.10 Voucher: 6735
6736 4/4/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben179626 4/4/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,877.19 1,877.19 Voucher: 6736
Sub total for EFT GENERAL ACCOUNT US BANK: 14,609.53
Page: 2
11 April 21, 2025 Item 04
04/02/2025
Check List
City of Del Mar
3 4:54:42PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 127,386.19 Page: 3
12 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
1 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139504 4/8/2025 adt02 ADT SECURITY SERVICES 1127898691 3/13/2025 ALARM PW APR 128.57 128.57 Voucher: 139504
Sub total for GENERAL ACCOUNT US BANK: 128.57
Page: 1
13 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
2 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6737 4/8/2025 als02 ALS GROUP USA CORP 522501880 3/20/2025 WATER SAMPLING MAR 496.00 496.00 Voucher: 6737
Sub total for EFT GENERAL ACCOUNT US BANK: 496.00
Page: 2
14 April 21, 2025 Item 04
04/07/2025
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City of Del Mar
3 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139505 4/8/2025 amb03 AMBERWICK CORP 69373 3/18/2025 HAZARDOUS WASTE DISP PW 2,923.75 2,923.75 Voucher: 139505
139513 4/8/2025 ats01 GARDA CL WEST LOCKBOX #233209 10811805 4/1/2025 ARMORED SRVCS APR 722.65 722.65 Voucher: 139513
139506 4/8/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J1840 7/31/2024 JANITORIAL SRVCS JUL 8,582.40 Voucher: 139506 J1890 9/30/2024 JANITORIAL SRVCS CH SEP 2,564.00 J2033 3/31/2025 JANITORIAL SRVCS CH MAR 2,564.00
J1797 6/30/2024 JANITORIAL SRVCS PW 1,532.50
J2034 3/31/2025 JANITORIAL SRVCS PW 501.00 15,743.90
139507 4/8/2025 bad01 BADGER METER INC 1720823 3/21/2025 MAINT/REPAIR SUPP PW 953.14 953.14 Voucher: 139507
139511 4/8/2025 bee04 DENNIS L JOBE, DBA BEE CHASER 187006 3/25/2025 BEE REMOVAL MAR 180.00 180.00 Voucher: 139511
Sub total for GENERAL ACCOUNT US BANK: 20,523.44
Page: 3
15 April 21, 2025 Item 04
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City of Del Mar
4 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6738 4/8/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123701 3/14/2025 FIBER CONNECTION PW MAR 412.74 Voucher: 6738 189123401 3/14/2025 CABLE/INTERNET PW MAR 231.19 643.93 Sub total for EFT GENERAL ACCOUNT US BANK: 643.93
Page: 4
16 April 21, 2025 Item 04
04/07/2025
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City of Del Mar
5 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139509 4/8/2025 cli04 CLIFTONLARSONALLEN LLP L251135276 3/31/2025 AUDIT SRVCS MAR 4,000.00 4,000.00 Voucher: 139509
Sub total for GENERAL ACCOUNT US BANK: 4,000.00
Page: 5
17 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
6 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6739 4/8/2025 coa21 COAST NEWS GROUP 00156390 3/21/2025 AD - PUBLIC HEARING 395.25 395.25 Voucher: 6739
6740 4/8/2025 cor15 CORONADO MOBILE STORAGE INC APR-25 4/1/2025 STORAGE CONTRS APR 255.00 255.00 Voucher: 6740
6741 4/8/2025 del02 DEL MAR BLUE PRINT CO, INC619922 4/2/2025 PRINTING SRVCS ASD 44.04 44.04 Voucher: 6741
Sub total for EFT GENERAL ACCOUNT US BANK: 694.29
Page: 6
18 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
7 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139510 4/8/2025 del06 DEL MAR AUTOMOTIVE SERVICE 49704 3/31/2025 VEHICLE MAINT CS #392 184.50 Voucher: 139510 49719 4/1/2025 VEHICLE MAINT CS #394 113.29 297.79 Sub total for GENERAL ACCOUNT US BANK: 297.79
Page: 7
19 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
8 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6742 4/8/2025 del14 DEL MAR VILLAGE ASSOCIATION 10 4/3/2025 DMVA AGRMNT FEB 21,082.61 21,082.61 Voucher: 6742
6743 4/8/2025 dix01 DIXIELINE LUMBER CO 06-0591671 3/20/2025 MAINT/RPR SUPP PW 71.71 Voucher: 6743 06-0590682 3/12/2025 OPERATING SUPP FIRE 71.66 06-0591949 3/24/2025 MAINT/RPR SUPP PW 29.31
06-0591613 3/20/2025 OPERATING SUPP PW 15.14
06-0591847 3/24/2025 OPERATING SUPP PW 13.28 201.10
Sub total for EFT GENERAL ACCOUNT US BANK: 21,283.71
Page: 8
20 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
9 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139512 4/8/2025 fer01 FERRELLGAS LP 1130177622 3/27/2025 PROPANE FIRE 986.51 986.51 Voucher: 139512
139514 4/8/2025 glo06 GLOBAL POWER GROUP INC.102715 3/18/2025 PM GENERATOR MTC CH 986.25 986.25 Voucher: 139514
Sub total for GENERAL ACCOUNT US BANK: 1,972.76
Page: 9
21 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
10 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6744 4/8/2025 kle01 KLEINFELDER 1524728 3/24/2025 CDM BRIDGE FEB 102,507.21 102,507.21 Voucher: 6744
6745 4/8/2025 lif01 LIFE-ASSIST 1584358 3/27/2025 AMBULANCE SUPP FIRE 125.64 125.64 Voucher: 6745
Sub total for EFT GENERAL ACCOUNT US BANK: 102,632.85
Page: 10
22 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
11 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139515 4/8/2025 lnc01 L.N. CURTIS & SONS INV923490 3/6/2025 UNIFORMS - FIRE 1,332.77 1,332.77 Voucher: 139515
Sub total for GENERAL ACCOUNT US BANK: 1,332.77
Page: 11
23 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
12 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6746 4/8/2025 mic11 MICHAEL BAKER INTERNATIONAL 1242819 3/21/2025 CITY ENGR SRVCS FEB 89,833.26 89,833.26 Voucher: 6746
Sub total for EFT GENERAL ACCOUNT US BANK: 89,833.26
Page: 12
24 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
13 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139516 4/8/2025 nap01 NAPA AUTO PARTS 961972 2/26/2025 VEHICLE MAINT SUPP PW 238.10 238.10 Voucher: 139516
139517 4/8/2025 por05 PORTILLO CONCRETE INC 2501-2969 3/19/2025 ROADWAY REPAIRS PW 32,010.77 32,010.77 Voucher: 139517
Sub total for GENERAL ACCOUNT US BANK: 32,248.87
Page: 13
25 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
14 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6747 4/8/2025 pru01 PRUDENTIAL OVERALL SUPPLY132305801 3/21/2025 UNIFORMS PW - 3/21 116.19 Voucher: 6747 132305799 3/21/2025 MATS PW - 3/21 15.47
132305800 3/21/2025 SHOP TOWELS - 3/21 4.93 136.59
6749 4/8/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0000002849 3/3/2025 RAW WATER DEC BAL 3,103.78 3,103.78 Voucher: 6749
Sub total for EFT GENERAL ACCOUNT US BANK: 3,240.37
Page: 14
26 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
15 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139518 4/8/2025 san112 SAN DIEGO HUMANE SOCIETY, & SPCA APR-25 4/1/2025 ANIMAL SRVCS APR 4,255.00 4,255.00 Voucher: 139518
Sub total for GENERAL ACCOUNT US BANK: 4,255.00
Page: 15
27 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
16 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6748 4/8/2025 san12 SAN DIEGO COUNTY SHERIFF03272025 3/27/2025 LAW ENF FEB 227,457.59 227,457.59 Voucher: 6748
Sub total for EFT GENERAL ACCOUNT US BANK: 227,457.59
Page: 16
28 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
17 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139508 4/8/2025 sol01 CITY OF SOLANA BEACH 221031 3/21/2025 PUMP STATION LEASE Q1/Q3 91,944.00 91,944.00 Voucher: 139508
139519 4/8/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 457701403 3/17/2025 PEST CONTROL SRVCS FIRE 54.00 54.00 Voucher: 139519
Sub total for GENERAL ACCOUNT US BANK: 91,998.00
Page: 17
29 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
18 1:00:00PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6750 4/8/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM24-10/11/12 1/10/2025 BLDG CODE PC INSP Q2 75,156.90 75,156.90 Voucher: 6750
Sub total for EFT GENERAL ACCOUNT US BANK: 75,156.90
Page: 18
30 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
19 1:00:00PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139520 4/8/2025 uli02 ULINE 190820490 3/25/2025 MAINT/REPAIR PW 192.39 192.39 Voucher: 139520
139522 4/8/2025 ver03 VERIZON WIRELESS 872374736-00003 3/18/2025 TELEPHONE MAR 502.94 Voucher: 139522 570653198-00008 3/18/2025 TELEPHONE MAR 359.02 570653198-00006 3/18/2025 TELEPHONE MAR 239.95
542070053-00002 3/20/2025 TELEPHONE MAR 168.46 1,270.37 139521 4/8/2025 ver12 VERIZON 73273050 3/20/2025 TELEPHONE MAR 128.54 128.54 Voucher: 139521
139523 4/8/2025 vis07 VISTA PAINT CORPORATION 2025-853912-00 3/20/2025 TRAFFIC PAINT PW 386.60 386.60 Voucher: 139523
139524 4/8/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83119565 3/24/2025 JANITORIAL SUPP PW 744.72 Voucher: 139524 83122139 3/25/2025 JANITORIAL SUPP PW 723.95 83119554 3/25/2025 JANITORIAL SUPP PW 48.51 1,517.18
Sub total for GENERAL ACCOUNT US BANK: 3,495.08
Page: 19
31 April 21, 2025 Item 04
04/07/2025
Check List
City of Del Mar
20 1:00:00PM
apChkLst Final Page:
35 checks in this report. Grand Total All Checks: 681,691.18 Page: 20
32 April 21, 2025 Item 04
04/09/2025
Check List
City of Del Mar
1 2:04:21PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6751 4/10/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0225-2 3/10/2025 RAW WATER FEB 135,311.80 135,311.80 Voucher: 6751
6752 4/10/2025 san56 SAN ELIJO JOINT POWERS, AUTHORITY 01132025 1/13/2025 RECLAIMED WATER NOV/DEC 20,313.41 20,313.41 Voucher: 6752
Sub total for EFT GENERAL ACCOUNT US BANK: 155,625.21
Page: 1
33 April 21, 2025 Item 04
04/09/2025
Check List
City of Del Mar
2 2:04:21PM
apChkLst Final Page:
2 checks in this report. Grand Total All Checks: 155,625.21 Page: 2
34 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
1 2:22:36PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6753 4/15/2025 kay01 ADAM KAYE MAR-25 3/31/2025 COMM SRVCS MAR 3,825.00 3,825.00 Voucher: 6753
6754 4/15/2025 civ01 CIVICPLUS LLC 331988 5/22/2025 CIVICSEND ANNUAL FEE 1,822.89 1,822.89 Voucher: 6754
6755 4/15/2025 coa21 COAST NEWS GROUP 00156472 3/28/2025 AD - PUBLIC HEARING 143.38 Voucher: 6755 00156470 3/28/2025 AD - PUBLIC HEARING 116.25 00156471 3/28/2025 AD - PUBLIC HEARING 120.13 379.76
6756 4/15/2025 cor11 CORODATA MEDIA STORAGE INC DS1311361 3/31/2025 STORAGE SRVCS MAR 233.33 233.33 Voucher: 6756
6757 4/15/2025 cor07 CORODATA RECORDS MGT INCRS7075616 3/31/2025 STORAGE SRVCS MAR 166.98 166.98 Voucher: 6757
6758 4/15/2025 cor22 CORVEL CORPORATION 1793708 3/18/2025 MED MAINT - MAR 250.00 Voucher: 6758 1759524 1/21/2025 FNOL FEES - DEC 37.00 287.00 6759 4/15/2025 dix01 DIXIELINE LUMBER CO 06-0591828 3/31/2025 TOOLS/EQUIP CS 352.31 Voucher: 6759 06-0592896 3/31/2025 OPERATING SUPP PW 227.87 06-0593199 4/1/2025 OPERATING SUPP PW 113.28
06-0592201 3/25/2025 OPERATING SUPP PW 68.36
06-0592938 3/31/2025 OPERATING SUPP PW 45.49
06-0592473 3/26/2025 MAINT/REPAIR SUPP PW 39.49
06-0592364 3/25/2025 OPERATING SUPP PW 26.49
06-0592382 3/26/2025 OPERATING SUPP PW 9.98
06-0592846 3/28/2025 OPERATING SUPP PW 5.26
06-0592817 3/28/2025 OPERATING SUPP PW 3.90 892.43
6760 4/15/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0877557 3/25/2025 WATER METER PARTS 885.45 Voucher: 6760 0877573 3/27/2025 WATER METER PARTS 752.38 0876631 3/10/2025 WATER METER PARTS 475.62
0877560 3/27/2025 WATER METER PARTS 397.37
0877559 3/25/2025 WATER METER PARTS 135.94 2,646.76
6761 4/15/2025 nor13 NORTH COUNTY DISPATCH JPA202425-206 4/1/2025 DISPATCH - PW Q4 451.65 451.65 Voucher: 6761
6762 4/15/2025 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1368 4/7/2025 INVSTMNT SRVCS - MAR 2,921.25 2,921.25 Voucher: 6762
6763 4/15/2025 par51 PARKWOOD LANDSCAPE MAINT INC 109163 3/31/2025 LANDSCAPE SRVCS MAR 17,930.00 17,930.00 Voucher: 6763
Page: 1
35 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
2 2:22:36PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6764 4/15/2025 pru01 PRUDENTIAL OVERALL SUPPLY132306960 3/28/2025 UNIFORMS PW - 3/28 116.19 116.19 Voucher: 6764
6765 4/15/2025 sol06 SOLANA CENTER FOR ENV, INNOVATION 40-45-3-25 4/11/2025 SB 1383 SUPP SRVCS MAR 3,433.06 3,433.06 Voucher: 6765
6766 4/15/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 23199 4/1/2025 LEGISLATIVE SRVCS APR 4,000.00 4,000.00 Voucher: 6766
6767 4/15/2025 uti01 UTILITY SPECIALISTS INC 29122 3/31/2025 UP - 1A STRATFORD S FEB 35,732.50 Voucher: 6767 29123 3/31/2025 UP - 1A STRATFORD FEB 364.00 29121 3/31/2025 UP - X1A CREST CNYN FEB 245.50 36,342.00 6768 4/15/2025 wex01 WEX BANK 0496-00-495760-1 4/6/2025 GAS & OIL - FIRE 918.08 918.08 Voucher: 6768
Sub total for EFT GENERAL ACCOUNT US BANK: 76,366.38
Page: 2
36 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
3 2:22:36PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139525 4/15/2025 bng01 05 BNG LLC, DBA QUIKSILVER75056346 4/1/2025 UNIFORMS - JR LFGRDS 3,740.00 3,740.00 Voucher: 139525
139526 4/15/2025 sbc03 AT&T 9391059863 4/1/2025 TELEPHONE MAR 667.37 Voucher: 139526 9391065056 3/27/2025 TELEPHONE MAR 30.10 9391065053 3/27/2025 TELEPHONE MAR 30.09
9391065054 3/27/2025 TELEPHONE MAR 30.09
9391065055 3/27/2025 TELEPHONE MAR 30.09 787.74
139527 4/15/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J1921 10/31/2024 WINDOW CLEANING CH 1,172.00 1,172.00 Voucher: 139527
139528 4/15/2025 res01 CALWEN INC, DBA RESCUE SOURCE 136194 2/3/2025 LIFEGUARD TOOLS CS 1,540.00 1,540.00 Voucher: 139528
139529 4/15/2025 car30 CARSTENS, BLACK & MINTEER LLP 34885 4/8/2025 SANDAG LOSSAN SRVCS MAR 512.00 512.00 Voucher: 139529
139530 4/15/2025 cin02 CINTAS 5263902201 4/10/2025 FIRST AID KIT SUPP CH 88.16 88.16 Voucher: 139530
139531 4/15/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 25CTOFDMC09 4/1/2025 RCS PAGING SRVCS - MAR 70.00 70.00 Voucher: 139531
139532 4/15/2025 fis12 FISHER INTEGRATED INC 2220 4/1/2025 VIDEO STREAMING MAR 850.00 850.00 Voucher: 139532
139533 4/15/2025 fri06 FRIEDMAN & SPRINGWATER LLP 1000884 4/2/2025 UG CONSULT SRVCS 3,952.00 3,952.00 Voucher: 139533
139534 4/15/2025 hal16 HALLOR, BRIDGET 04072025 4/7/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139534
139535 4/15/2025 hea06 HEARTLAND FIRE TRAINING DMCPVRT0325 4/8/2025 TRAINING - FIRE 475.00 475.00 Voucher: 139535
139536 4/15/2025 dar05 JEFFREY SCOTT ARVESON, DBA DAR SERVICES 04012025 4/1/2025 DEAD ANIMAL RMVL MAR 1,335.00 1,335.00 Voucher: 139536
139537 4/15/2025 kle05 KLEBER, EVAN 04042025 4/4/2025 CITATION REFUND 84.00 84.00 Voucher: 139537
139538 4/15/2025 los03 LOS ANGELES TRUCK CENTERS, LLC, DBA VELOCITY VEHICLE GROU RA290039544:02 3/31/2025 VEHICLE MAINT PW #77 4,788.08 Voucher: 139538 RA290039544:01 3/27/2025 VEHICLE MAINT PW #77 968.37 5,756.45 139539 4/15/2025 nap01 NAPA AUTO PARTS 731730 3/28/2025 VEHICLE MAINT SUPP PW 66.47 66.47 Voucher: 139539
139540 4/15/2025 par35 PARADIGM MECHANICAL CORP, SAN DIEGO REFRIGERATION 110702 3/31/2025 HVAC SRVCS CH 2,062.00 2,062.00 Voucher: 139540
Page: 3
37 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
4 2:22:36PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139541 4/15/2025 ran06 RANCHO SANTA FE FIRE 2025-076 3/5/2025 TRAINING - FIRE 1,448.90 1,448.90 Voucher: 139541
139542 4/15/2025 san138 SAN DIEGO ELEVATOR & LIFTS9667 3/29/2025 ELEVATOR MAINT CH MAR 200.00 200.00 Voucher: 139542
139543 4/15/2025 sdg02 SAN DIEGO GAS & ELECTRIC0012 6209 1548 9 4/1/2025 UTILITIES MAR 100.58 Voucher: 139543 0081 7377 2988 5 4/7/2025 UTILITIES MAR 7,906.84 0066 5491 6833 1 4/7/2025 UTILITIES MAR 4,818.98
2100 0065 8024 7 4/7/2025 UTILITIES MAR 734.90
0067 3735 0888 1 4/4/2025 UTILITIES MAR 325.34
0069 0908 1676 1 4/7/2025 UTILITIES MAR 241.46
0085 7750 3585 7 4/4/2025 UTILITIES MAR 20.11
0066 5491 5032 1 4/3/2025 UTILITIES MAR 13.46 14,161.67 139544 4/15/2025 sde01 SD ELECTRIC BIKE LLC, DBA SD ELECTRIC BIKE 13341 4/7/2025 ELEC BIKE MAINT CS 42.50 42.50 Voucher: 139544
139545 4/15/2025 smi20 SMITH, AMANDA 04072025 4/7/2025 PHCC EVENT REFUND 410.00 410.00 Voucher: 139545
139546 4/15/2025 uni25 STAXUP - UNITS LLC 19155 4/6/2025 STORAGE CS APR 289.85 289.85 Voucher: 139546
139547 4/15/2025 stu06 STUART, CHRISTOPHER 04072025 4/7/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139547
139548 4/15/2025 t-mo01 T-MOBILE USA INC 980755647 3/21/2025 TELEPHONE MAR 11.90 11.90 Voucher: 139548
139549 4/15/2025 und01 UNDERGROUND SERVICE ALERT 320250236 4/1/2025 CONT SRVCS MAR 198.70 198.70 Voucher: 139549
139550 4/15/2025 ver12 VERIZON Z1275008 3/8/2025 TELEPHONE FEB 2.64 2.64 Voucher: 139550
139551 4/15/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83138355 4/1/2025 JANITORIAL SUPPLIES 1,229.15 Voucher: 139551 83080339 3/5/2025 JANITORIAL SUPPLIES 934.56 83116198 3/21/2025 JANITORIAL SUPPLIES 597.69
83136813 4/1/2025 JANITORIAL SUPPLIES 98.34
83140830 4/2/2025 JANITORIAL SUPPLIES 78.84 2,938.58
139552 4/15/2025 wes29 WEST COAST ARBORISTS INC227094 3/15/2025 TREE MAINT 3/1-3/15 10,885.06 10,885.06 Voucher: 139552
139553 4/15/2025 zon02 ZONE TRAFFIC ENGINEERING, CONSULTING INV 24001-03 3/25/2025 TRAFFIC ENGR SRVCS MAR 2,438.00 2,438.00 Voucher: 139553
Page: 4
38 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
5 2:22:36PM
apChkLst Final Page:
Sub total for GENERAL ACCOUNT US BANK: 57,118.62
Page: 5
39 April 21, 2025 Item 04
04/14/2025
Check List
City of Del Mar
6 2:22:36PM
apChkLst Final Page:
45 checks in this report. Grand Total All Checks: 133,485.00 Page: 6
40 April 21, 2025 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Second Reading and Adoption of an Ordinance to Accept California Coastal Commission (CCC) Modifications to Amend Del Mar Municipal Code (DMMC) Chapters 30.22 (Central Commercial Zone) and 30.31 (Public Facilities Zone) in Local Coastal Program Amendment Ordinance No. 1006 Adopted by the City Council on April 15, 2024, for Consistency with the February 6, 2025, Coastal Commission Conditional Certification Decision
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the Ordinance (Attachment A) to accept changes required by the CCC as a condition of final certification of the Local Coastal Program Amendment (LCPA), which amends the Central Commercial (CC) Zone regulations in DMMC Chapter 30.22 and Public Facilities (PF) Zone regulations in DMMC Chapter 30.31 to increase local housing capacity.
BACKGROUND:
On April 15, 2024, the City Council adopted Ordinance No. 1006, amending the City’s Local Coastal Program, as necessary for compliance with the City’s certified 6th Cycle Housing Element (2021-2029) Program 1C (CC Zone) and Program 1H (PF Zone). The action applies to the CC Zone (9th Street to 15th Street along Camino del Mar) along with nine public facilities sites (10th and 28th Street vacant lots, Civic Center, library, post office, and four water towers). Following approval by the Council, the Ordinance was submitted to the CCC for certification as required.
Additional background regarding the Local Coastal Program amendments may be accessed in the following links to City Council Agenda reports for March 18, April 1, and April 15, 2024:
https://www.delmar.ca.us/DocumentCenter/View/9230/Item-8---CC-PF-Zone-Amendments https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04012024-3423 https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04152024-3436 1 April 21, 2025 Item 06
City Council Agenda Report
CCC Modifications to CC/PF Housing-Related Amendments
April 21, 2025
On February 6, 2025, the CCC conditionally certified the City’s CC/PF LCPA application to allow 20 dwelling units per acre (du/ac), which increases the allowed density in the CC zone and PF zone for projects that include an affordable housing component. The CCC staff report (Item Th20d) may be accessed in the following link:
https://www.coastal.ca.gov/meetings/agenda/
The CCC conditional certification approval resulted in required modifications that include:
• Disclosure that the City-owned 28th Street lot is located in the Floodplain Overlay Zone;
• Clarification that the existing horizontal zoning requirement will apply to housing development;
• Removal of standards related to “bulk and mass” and “neighbor privacy” due to the redundancy with existing City design standards found in other Chapters of the DMMC; and
• Minor corrections made to strengthen existing coastal protection standards and to amend separately published lists of the use designations and allowed uses for the respective zones to ensure consistency.
On April 7, 2025, the City Council introduced an Ordinance to accept the changes required by the CCC as a condition of final certification approval of the CC/PF LCPA. The City Council Agenda report (Item 11) may be accessed in the following link:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04072025-3649 DISCUSSION/ANALYSIS:
The required CCC modifications are consistent with the Del Mar Community Plan (General Plan) as amended by City Council action on April 1, 2024, which allows 20 dwelling units per acre (du/ac) density in the CC Zone and PF Zone subject to specific criteria and context specific factors that are applicable to the respective zones. The allowance of 20 du/ac density ensures that certain properties will be eligible to apply for processing of a Density Bonus project in accordance with State Density Bonus Law (DBL). However, it is important to note that the State’s DBL does not supersede or lessen the effect of the California Coastal Act.
The amendments will continue to maintain small-scale pedestrian-oriented development that minimizes impacts to local neighborhoods and that maintain consistency with LCP protections including:
• Maximum building height (26 feet above grade on both sides of Camino del Mar and 14 feet above the adjacent curb on the west side of Camino del Mar); • Protections of public scenic views (i.e., views of the Pacific Ocean from Camino del Mar and other public vantage points) to the maximum extent possible without preventing the reasonable use of private property;
• Protection of public access to the shoreline; and
• Protection of public safety from coastal hazards.
2 April 21, 2025 Item 06
City Council Agenda Report
CCC Modifications to CC/PF Housing-Related Amendments
April 21, 2025
The proposed Ordinance will allow the City to obtain final certification approval from the CCC.
The adopted regulations will take effect on the date CCC grants final certification approval, which typically occurs at the first available CCC hearing following City Council adoption.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), it has been determined based on substantial evidence in the record that the amendments would not result in any significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the Final Program Environmental Impact Report (PEIR) for the 6th Cycle Housing Element. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is therefore necessary because the certified 6th Cycle Housing Element Final PEIR analyzed the proposed action, and no further environmental document is required. The 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 HOUSING IMPACT:
In April 2024, the Del Mar Community Plan was amended to increase the City’s housing capacity by creating sites allowing 20 dwelling units per acre to facilitate future development of affordable housing in accordance with the certified 6th Cycle Housing Element. The associated code amendments are necessary for consistency with the Community Plan and will result in the completion of Housing Element Programs 1C and 1H. The result of this action will create new housing opportunities and implement the Housing Element Program 6B (Affirmatively Furthering Fair Housing) commitment to create new opportunities for housing mobility and relocation to and within Del Mar with a goal of creating 100 additional housing opportunities beyond the City’s Regional Housing Needs Allocation (RHNA). These actions will further improve housing choices and affordability options for moderate income, lower income, and special needs households.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the identified zoning actions in compliance with the City’s 6th Cycle Housing Element is a Tier 1 (Highest) City Council priority work plan item for Fiscal Year 2024-2025.
ATTACHMENT:
Attachment A – Proposed Ordinance Accepting CCC Modifications to Ordinance No. 1006 3 April 21, 2025 Item 06
ATTACHMENT A
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE (ZONING CODE) CHAPTER 30.22 CENTRAL
COMMERCIAL (CC) ZONE REGULATIONS AND CHAPTER
30.31 PUBLIC FACILITIES (PF) ZONE AS ADOPTED BY
PROSPECTIVE ORDINANCE NO. 1006; AND AMENDING THE
CITY’S CERTIFIED LOCAL COASTAL PROGRAM (LCP) BY
AMENDING THE LCP LAND USE DESIGNATIONS/ALLOWED
USES” LIST IN THE LCP LAND USE PLAN; AND AMENDING THE
LCP “ZONING USE DESIGNATIONS/ALLOWED USES” LIST IN
THE LCP IMPLEMENTATION PLAN; ALL RELATING TO
AMENDMENTS REQUIRED BY THE CALIFORNIA COASTAL
COMMISSION AS A CONDITION OF APPROVAL FOR THE CITY
TO OBTAIN FINAL CERTIFICATION OF THE ORDINANCES
NEEDED FOR IMPLEMENTATION OF THE 6TH CYCLE
HOUSING ELEMENT PROGRAMS 1C (CC ZONE) AND 1H (PF
ZONE)
WHEREAS, the City’s certified 6th Cycle Housing Element includes commitments identified in Program 1C (Central Commercial), Program 1H (Public Facilities), and Program 6B (Fair Housing) to increase local housing capacity by amending the City’s Community Plan (General Plan), Del Mar Municipal Code (DMMC), and Local Coastal Program (LCP); and
WHEREAS, in a noticed public hearing on February 21, 2024, the Planning Commission recommended the City Council approve the CEQA determination and adopt amendments to the Central Commercial (CC) Zone and Public Facilities (PF) Zone land use designations and regulations in the Del Mar Community Plan, DMMC, and LCP with the stipulation that new project development will apply the maximum height of the certified LCP based on the local topography which slopes downward from east to west, the protection of existing public scenic views, and the need to maintain the existing pedestrian scale in accordance with the Del Mar Community Plan and certified LCP; and WHEREAS, on April 1, 2024, the City Council approved the CEQA determination and adopted amendments to the Del Mar Community Plan to implement the City’s 6th Cycle Housing Element commitments identified in Program 1C (Central Commercial), Program 1H (Public Facilities), and Program 6B (Fair Housing); and WHEREAS, on April 15, 2024, the City Council adopted Ordinance No. 1006 with companion amendments required by Housing Element Programs 1C, 1H, and 6B amending the Del Mar Municipal Code and Local Coastal Program (LCP) for the Central Commercial (CC) Zone and Public Facilities (PF) Zone; and WHEREAS, City staff engaged in extensive public outreach to encourage public participation in formulating these adopted regulations, which included articles posted on 4 April 21, 2025 Item 06
Ordinance No. XXXX
the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Planning Commission and City Council meetings; and
WHEREAS, the whole of the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and
WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State housing laws to ensure protection of sensitive coastal resources, protection of public coastal view sheds, provide coastal parking to ensure public access, and protect the public health and safety of residents and visitors; and WHEREAS, on February 6, 2025, the California Coastal Commission voted to conditionally certify the City’s CC/PF Ordinance/LCPA with modifications imposed as a condition of approval; and
WHEREAS, on March 21, 2025, the notice of City Council public hearing was published in the Coast News and mailed notices were sent to all interested parties; and WHEREAS, the required CCC modifications have been incorporated herein; and WHEREAS, adoption of this Ordinance (allowing 20 dwelling units per acre density in the Central Commercial and Public Facilities Zones, subject to specific criteria and development context specific factors) allows the City to obtain final certification approval from the California Coastal Commission and to complete its implementation of the 6th Cycle Housing Element commitments, allowing the City to maintain compliance with State law and avoid decertification of its Housing Element.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:
1. The foregoing Findings and with the incorporation of the above stated Recitals are true and correct and are integrated into this action.
2. The Del Mar Community Plan land use designations for Central Commercial and Public Facilities adopted by Resolution on April 1, 2024, and the amendments to the Local Coastal Program and Zoning Code (Del Mar Municipal Code Title 30) in prospective Ordinance No. 1006 adopted April 15, 2024, and this Ordinance are consistent with State law requirements (California Government Code Section 65860 et seq) that requires that land use and zoning designations be consistent as applied to site development.
5 April 21, 2025 Item 06
Ordinance No. XXXX
3. The CC Zone applies to the majority of land within the City’s Village Center, which is a pedestrian-oriented downtown that runs along Camino del Mar between 9th Street and 15th Street. This area is Del Mar’s principal commercial, visitor-serving, small-scale, pedestrian oriented downtown, which includes scenic blue water ocean views. The existing regulations limit building height to twenty-six (26) feet above grade and a maximum of fourteen (14) feet above the curb elevation on the west side of Camino del Mar. The applicable Community Plan and LCP policies reflect the community vision to maintain the unique, small-town character and strong community identity through building design and height limits, which preserve ocean views and promote an open space small-town atmosphere.
4. Within the CC Zone, there is one developed multi-tenant commercial property known as “Stratford Square” that is located at 1438 Camino del Mar in the Historic Preservation Overly Zone. The property is a fully occupied commercial property that is small in size at 0.21 acres (9,375 sf). While the property may become eligible to process a Density Bonus project per State DBL as a result of the density increase to 20 dwelling units per acre, any proposed development would be required to be consistent with State and Federal law, including provisions for protection of historic resources and ensure protection of public health and safety.
5. The PF zone applies to ten public facilities, all of which are City-owned with the exception of the Del Mar Library (County-owned) and U.S. Post Office (Federallyowned). A Sites Analysis identified housing development potential for nine public facilities in the PF Zone including: the vacant 10th Street and 28th Street lots in the City’s 6th Cycle Housing Element, the Del Mar Civic Center, Del Mar Library, United States Post Office, and four water towers (Pine Needles, Crest, 11th Street, and Zuni). Shores Park was explicitly excluded as a potential site for housing in the certified 6th Cycle Housing Element.
6. Within the PF Zone, there is one vacant property at 28th Street that is located within the floodplain identified by the Federal Emergency Management Agency (FEMA) as subject to periodic inundation due to flooding as identified by best available science, are being exacerbated by climate change and sea level rise (existing and projected). Applicable federal, state, and local regulations ensure that new development in the floodplain will be appropriately sited and constructed so as to avoid flood hazards to those who will occupy the development; and to avoid damage or hazards to the surrounding area. On a citywide basis, the City is addressing projected flood conditions to minimize flood risk through adaptation mitigation measures. These measures are consistent with the adopted City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates October 2018). Currently, the City has an existing system of shoreline protection along the shoreline in the North Beach neighborhood, which has been maintained in accordance with the Beach Preservation Initiative and the Beach Overlay Zone policies and regulations in the City’s certified Local Coastal Program. In addition, the City has a Sand Compatibility Opportunistic Use Program in place to facilitate sediment management and maintenance of a wide beach and is in process of 6 April 21, 2025 Item 06
Ordinance No. XXXX
preparing a conceptual plan for a living levee, vegetated berm system, to provide flood adaptation along the banks of the San Dieguito River in accordance with the City’s adopted Sea Level Rise Adaptation Plan and the Coastal Act. All new development, including the City-owned vacant 28th Street parcel, must demonstrate how the proposed development will implement adaptation measures to minimize flood damage and avoid flood hazards in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(a) (Cal. Pub. Res. Code Section 30253(a)). These protections will be further enhanced through the requirement for disclosure of applicable overlay zones (i.e., location of the City-owned 28th Street vacant lot in the Floodplain Overlay Zone).
7. There are no identified environmentally sensitive coastal resources or environmentally sensitive habitat areas that are located within the CC Zone or PF Zone. Protection of these natural habitats and environmentally sensitive resources is a cornerstone of the Coastal Act found in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res. Code Section 30240). State Density Bonus law specifically provides that coastal resource protections found in the California Coastal Act are not to be superseded or its effects lessened.
8. Within the CC Zone and PF Zone and surrounding neighborhoods there are public scenic view corridors to coastal resources that are protected under the California Coastal Act. Consistent with the Coastal Act Chapter 3, Article 6, Section 30251, these scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. (See: Cal. Pub. Res. Code Sec. 30251). New development in highly scenic areas such as those designated in the California Coastline preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. (See: cal. Pub. Res.
Code Section 30251).
9. In order to protect coastal resources and public access, State DBL does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65915(m). Density Bonus project development may not obstruct the public scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, building restricted easements are enforced and certain height restrictions, including the existing certified height limit of 26 feet above grade and a maximum of 14 feet above the curb elevation on the west side of Camino del Mar, may be enforced on Density Bonus project development to ensure protection of public scenic coastal vistas.
10. Application of the existing height in the certified LCP for the CC Zone will implement the Del Mar Community Plan and certified LCP Land Use Plan policies to maintain pedestrian scale and preserve public scenic views that exist throughout the CC Zone due to the topography which slopes from the hill above to the east of the CC Zone down toward the south beach shoreline located west of the CC Zone. 7 April 21, 2025 Item 06
Ordinance No. XXXX
NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE: That DMMC Section 30.22.031 for the CC Zone shall be amended to read as follows:
30.22.031 Allowance for Multi-Dwelling Unit Residential Use A. Multiple dwelling unit residential use (0-20 dwelling units per acre) is an allowed use in the CC zone for mixed use projects that include an affordable housing component for lower income households. The minimum amount of affordable housing units included in a project must be calculated in accordance with Chapter
24.21 and provided on site. Any fractional unit obligation shall be rounded up.
B. Proposed multiple dwelling unit development shall maintain a pedestrian-oriented, predominately retail village character, with attractive walkways and courts which encourage social interaction.
C. Project design shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
SECTION TWO: That DMMC Section 30.31.020 (PF Zone Allowed Uses) shall be amended as follows:
30.31.020 Allowable Uses
The following uses are allowable in the PF Zone:
A. Public schools.
B. Private schools that are open to the public and whose primary function is providing educational programs for pre-school students and students in grades K through
12. C. City, county, state and federal buildings and uses, including:
Administrative offices
Fire and police stations
Public works buildings
Public meeting rooms or chambers
Libraries
Postal offices
Public parking facilities
Public parks and playgrounds
D. Utility structures, such as: Pump stations and water tanks 8 April 21, 2025 Item 06
Ordinance No. XXXX
E. With the exception of the Shores Park site (APNs 300-200-01, 300-200-02, 300- 200-22, 300-200-23), multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households shall be an allowed use in the PF zone. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
1. Proposed multiple dwelling unit residential development shall comply with the maximum height and setbacks specified in Section 30.31.070 and with the maximum floor area and lot coverage applicable to adjacent properties with a common boundary in accordance with the certified Local Coastal Program.
2. Project design shall maintain public scenic views and public access protections consistent with the certified Local Coastal Program.
3. Prior to issuance of a Coastal Development Permit for the 28th Street parcel, located within the special flood hazard area identified on the most recent FEMA Flood Insurance Rate Map (FIRM), the project shall demonstrate compliance with the following conditions of approval:
a. Development shall be located and designed, including elevation and flood proofing, to minimize flood damage and flood hazards, including with consideration of sea level rise.
b. Development shall comply with the certified Local Coastal Program. c. Owners and successors in interest of any development on the 28th Street parcel shall notify dwelling unit occupants of all overlay zones applicable to the property.
SECTION THREE: That the City’s certified Local Coastal Program Land Use Plan Chapter II Land Use Development policies for the Village Center District shall be amended as follows:
C. LAND USE DEVELOPMENT GOALS AND POLICIES - BY DISTRICT
9. Village Center District
This area is designated primarily as Central Commercial (CC) and is Del Mar’s principal commercial, visitor serving and professional area. The Village Center is a pedestrianoriented downtown that is intended to group housing, retail services, and commercial services with facilities for civic and community activities. It extends along both sides of Camino del Mar, beginning at 9th Street and reaching north to 15th Street. The District 9 April 21, 2025 Item 06
Ordinance No. XXXX
contains the site of the U.S. Post Office, City Hall, and City of Del Mar’s branch of the County of San Diego Library designated as PF (Public Facilities) on the Land Use Map.
Multiple specific plan areas are also included in the Village District. The Specific Plan for the Del Mar Hotel, (HSP west side of Camino del Mar at 15th Street) generally limits the uses on the site to a hotel, timeshare and short term rental units and associated retail uses. The Specific Plan for the Del Mar Plaza, (PSP east side of Camino del Mar at 15th Street) generally limits the uses on site to restaurant and retail uses with a small percentage allowed for office use. The 941 Camino del Mar Specific Plan (941SP east side of Camino del Mar at 10th Street) generally limits the uses to a combination of restaurant, retail, short term rental, and residential uses. Each of the Specific Plan areas devotes a portion of the property to public and quasi-public use. Each of these specific plans were voter approved and require a recorded Development Agreement between the City and the developer/property owner. Where a particular conflict arises between the provisions of a valid and recorded Development Agreement and any policies of this Land Use Plan that have been subsequently adopted, the former shall continue to be binding and shall supersede the subsequently adopted policies of this Land Use Plan.
Subsequent development agreements or amendments to existing Development Agreements shall be consistent with the Land Use Plan in effect at the time.
The CC (Central Commercial) designation encompasses the majority of land within the Village District. The CC designation allows for a variety of commercial uses aimed at serving the needs of both residents and visitors to the area. Due to the City’s popularity as a visitor-destination point, the majority of the property in the CC Zone has been developed with uses that serve both residents and visitors. The Central Commercial area allows pedestrian-oriented retail activities, commercial services and a limited number of offices; and multiple dwelling unit residential (0-20 dwelling units per acre) in non-street fronting building spaces (except as permitted by DMMC Section 30.22.033) that includes affordable housing for lower income households and is designed consistent with the policy intent to retain a pedestrian-oriented downtown and compliance with the certified Local Coastal Program. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
In order to facilitate the demand for more goods and services, the following policies have been developed to better utilize the commercially designated land in the Village Center District.
a. In the Village Center District, large single purpose businesses, and businesses catering to an automotive public (drive-through banks, drive through food stands, etc.) shall be discouraged.
b. In the Village Center District, building designs which incorporate a unique and small-town character shall be encouraged and building designs which are based on a corporate identity or logo shall be discouraged.
10 April 21, 2025 Item 06
Ordinance No. XXXX
c. In the Village Center District, retail enterprises whose primary purposes are to satisfy the needs of the community and enhance the quality and convenience of life in Del Mar shall be encouraged.
d. In the Central Commercial portion of the Village Center District, retail uses shall be encouraged over office uses for floor area located at the street level of structures fronting Camino del Mar. Residential uses shall not be permitted in street-fronting building spaces (except as permitted by DMMC Section
30.22.033).
e. While some office space is desirable, it shall be concentrated in the southern portion of the Village Center District.
f. In addition to a variety of commercial businesses, the Village Center District should have a Community Center, complete with Council Chambers, City Hall, Library and Communications Center; attractive walkways, and a variety of open spaces such as courts and landscaped areas.
g. Pedestrian-oriented streetscape which promotes social interaction, pedestrian use and a strong community identity shall be encouraged in the Village Center District.
h. In the Village Center District, structures shall be in keeping with the pedestrian scale and village character of the community.
i. In the Village Center District, structures shall be of an architectural style which retains a low scale intensity of development, utilizes designs which preserve ocean views, and promotes an open space small-town atmosphere. [No change to #10]
SECTION FOUR: That the City’s certified Local Coastal Program Land Use Plan Map “Land Use Designations/Allowed Uses” descriptions for the CC Zone and the PF Zone be amended as follows:
LAND USE DESIGNATIONS/ALLOWED USES
[No change to R1-40 through CVPP]
CC - Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*, and multiple dwelling unit residential (0-20 dwelling units per acre) in nonstreet fronting building spaces (except as permitted by DMMC Section 30.22.033) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent 11 April 21, 2025 Item 06
Ordinance No. XXXX
of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
[No change to BC through PSP]
SECTION FIVE: That the City’s certified Local Coastal Program Zoning Map “Zoning Use Designations/Allowed Uses” descriptions for the CC Zone and the PF Zone be amended as follows:
ZONING USE DESIGNATIONS/ALLOWED USES
[No change to R1-40 through CVPP]
CC - Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, Florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*, and multiple dwelling unit residential (0-20 dwelling units per acre) in nonstreet fronting building spaces (except as permitted by DMMC Section 30.22.033) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households.
[No change to BC through PP]
PF - Public schools; City, County, State and Federal buildings; Utility structures; and with the exception of the Shores Park site (APNs 300-200-01, 300-200-02, 300-200-22, 300- 200-23), multiple dwelling unit residential (at a density of 0-20 dwelling units per acre or the maximum number of dwelling unit specified for the parcel in the certified Housing Element, whichever is greater) that includes affordable housing for lower income households. State law defines a lower income household as people or families whose gross income does not exceed 80 percent of Area Median Income (AMI) and includes low income, very low income, and extremely low-income households. [No change to 941 SP through PSP]
SECTION SIX:
Pursuant to the California Environmental Quality Act (CEQA), the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162, and based on the review of the entire record, including 12 April 21, 2025 Item 06
Ordinance No. XXXX
without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.
SECTION SEVEN:
Pursuant to the certified 6th Cycle Housing Element, these amendments were adopted prior to April 2024 to implement Housing Element Program 1C (Central Commercial Zone), Program 1H (Public Facilities Zone), and Program 6B (Affirmatively Furthering Fair Housing) to ensure the City’s certified Housing Element continues to be maintained in compliance with State law. HCD indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and that HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented. The Coastal Commission conditionally certified the Ordinance/LCPA on February 6, 2025. The City scheduled the introduction hearing for the amending ordinance to occur on the first available date for the associated public hearing of the City Council.
SECTION EIGHT:
This Ordinance was introduced by the City Council on April 7, 2025.
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:
Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification of the 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. 13 April 21, 2025 Item 06
Ordinance No. XXXX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held on the 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
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 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
14 April 21, 2025 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable City Councilmembers
FROM: Mayor Terry Gaasterland and Deputy Mayor Tracy Martinez, Sustainability Advisory Committee Council Liaisons
Prepared by Denise Galvan, Management Analyst
DATE: April 21, 2025
SUBJECT: Appointment to the Sustainability Advisory Committee REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council appoint Ann Feeney as a voting member to serve a full three-year term beginning April 21, 2025, and ending on April 30, 2028.
BACKGROUND:
The Sustainability Advisory Committee (SAC) advises the Del Mar City Council on climate change, sustainability, and other environmental issues on which the Council may wish to act. The Committee also takes the lead on advising the Council on the City’s Climate Action Plan (CAP), and assists in informing Del Mar residents and businesses about implementing the City’s CAP and on environmental and climate action issues.
The committee currently consists of seven total members, including five voting members and two ex-officio non-voting members and require that all voting members be residents of Del Mar and shall be appointed based on their professional experience with environmental and sustainability issues.
DISCUSSION/ANALYSIS:
There is currently one voting member vacancy on the SAC due to Valerie Dufort-Roy’s term expiration on March 31, 2025. City staff advertised the voting member vacancy, and two Citizen Interest Forms were received during the recruitment period from Ann Feeney and Valerie Dufort-Roy (Attachment A). The Council Liaisons reviewed the applications and recommend appointing Ann Feeney as a voting member for a full three-year term beginning April 21, 2025, and ending on April 30, 2028.
If the recommended appointment is approved by the City Council, SAC will have one exofficio non-voting member vacancy. A copy of the current roster is included as Attachment B for the Council’s reference.
1 April 21, 2025 Item 07
City Council Agenda Report
Sustainability Advisory Committee Appointment
April 21, 2025
ATTACHMENTS:
Attachment A – Citizen Interest Forms
Attachment B – Current Sustainability Advisory Committee Roster 2 April 21, 2025 Item 07
CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 3/4/2024
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.
Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.
Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.
You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.
Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].
IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
3 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Feeney Ann J
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee __1_ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Program Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
I have been on SAC before and am familiar with the roles and goals of SAC. While on SAC, we proposed, studied, researched what other cities were doing, and did outreach on several ideas to reduce plastic waste in Del Mar. Several were then passed by Council as ordinances (ban on Styrofoam, plastic straws, single use plastic bags, etc). In San Diego 350, we study draft Climate Action Plans from cities throughout the county and make suggestions if we see deficiencies. Since Del Mar is now planning its Climate Action Plan update, I feel very qualified to evaluate and make suggestions on it as it goes through various steps along the way.
Education:
B.A. Newton College
Ph.D. Cornell University
Postdoctoral training. UCSD
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential. 4 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):
Research Scientist (molecular immunologist), 39 years, retired Sustainability Advisory Committee. 2015-2023
Parks and Recreation Advisory Committee. 2023-present
SanDiego350 – volunteer (legislative, strategy and building electrification teams) 2018-present Sierra Club volunteer. 2016-present
San Diego Building Electrification Coalition, co-founder, co-chair. 2020-present Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Parks and Recreation Advisory Committee
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
Dwight Worden Seaview
Silvia DeDea Stratford Ct.
Carol Kerridge El Amigo
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.
Residency
Month Year
I have been a resident of California since: 1985
I have been a resident of San Diego County since: 1985
I have been a resident of Del Mar since: 1985
What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☒ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a registered voter in Del Mar? ☒ Yes ☐ No
Sustainability Advisory Committee. 2015-2023
5 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? 6 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why? 7 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Program Advisory Committee
The Undergrounding Program Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? I volunteer with several environmental groups and consider myself a strong environmentalist. Through the SanDiego350’s legislative team, we meet with state level senators and assembly members and their staff to advocate for environmental legislation.
I was involved in outreach on SAC when I was previously a member. When I was first on SAC, we talked with all the businesses in town when the city was doing the outreach for our Styrofoam ban and other plastic reduction bans (~2015-2016). I created a zoom outreach meeting with Nilmini Silva-Send, another SAC member, for the City of Del Mar about the advantages of all-electric homes, since Council was planning to work on a reach code for all electric homes at the time. I have been at many tabling events for SanDiego350 over the past several years. I am co-chair of San Diego Building Electrification Coalition and we have public events by zoom each month with speakers. 8 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.
11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge.
March 26, 2025
_____________________________ __________________________ 9 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
10 April 21, 2025 Item 07
CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 3/4/2024
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.
Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.
Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.
You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.
Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].
IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
11 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Dufort-Roy Valerie
Last Name First Name Middle Initial
Del Mar, California
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee __1_ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Program Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
My first term on the Sustainability Advisory Committee has deepened my appreciation for the dedication of volunteers, staff members, and council liaisons. During this time, I helped support a helium balloon ban ordinance and contributed to the implementation of SB1383.
Alongside other volunteers, I created informative material published through Del Mar’s existing platforms addressing issues pertaining to climate change and aiming at reducing contamination between green waste, recyclables and trash. It was a privilege to represent our group with other SAC volunteers at events from the Del Mar Foundation, Del Mar Community Connections, Rotary Club of Del Mar, and the Del Mar Climate Change Coalition.
I feel that much is still to be done to make progress in ridding our community from single-use plastics, and, in turn protect our environment, adjacent waterways, and nearby sea life. The committee has ample work ahead looking forward to its Climate Action Plan update, as this will inherently shape the upcoming work of SAC. I am eager to continue contributing to how we live as a city in face of climate change.
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential. 12 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Education:
Completed coursework towards UCSD’s Behavior Change and Sustainability Certificate - Behavior Change Strategies for Sustainability, 2023
- Conservation Psychology, 2022
- Introduction to Sustainability, 2022
Personal Financial Planning Certificate, UC Irvine, 2008 Master’s Degree, Social Work, University of Montreal, Montreal, Canada, 1998 Relevant Experience (job or volunteer etc.):
- Volunteer, Del Mar Sustainability Advisory Committee, since March 2022. - President, 2019-2021, Parent-Teacher-Resource, La Petite Ecole de San Diego (Lycee Francais de San Diego): Emphasis on Eco-projects/Waste reduction for events in school year 2019-2020.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Del Mar Sustainability Advisory Committee
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
Jennifer Anderson Serpentine Drive
Silvia De Dea Stratford Court
Daria Flores 4
th Street
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment. - San Diego French American School, school year 2024-2025, 8th grade room-parent - Del Mar Sustainability Advisory Committee, since March 2022 - Del Mar Sandpiper
o Editor, 2020-2022
o Writer, since 2019-2023
- Parent-Teacher-Resource, La Petite Ecole de San Diego (Lycee Français de San Diego)
o President, 2019-2021
o Secretary, 2018-2019
o Capital Expenditure Fundraiser Chair, 2017-2018
o Volunteer diverse functions (library, various events), 2014-2021 - CERT San Diego, 2008-2010
13 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Residency
Month Year
I have been a resident of California since: 11 2001
I have been a resident of San Diego County since: 11 2001 I have been a resident of Del Mar since: 6 2011
What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☒ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a registered voter in Del Mar? ☒ Yes ☐ No
14 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why?
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
15 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law ☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park. 16 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
As a member of the Sustainability Advisory Committee, I am eager to continue collaborating with fellow volunteers, staff liaisons, council liaisons, and the broader community to develop and implement a more comprehensive single-use plastic ordinance.
Additionally, and given the ongoing confusion I’ve observed in our community regarding waste sorting, I believe it’s crucial to persist in supporting the implementation of SB1383. This will help divert waste from landfills and reduce contamination between green waste, recyclables, and trash.
With a potential update to the Climate Action Plan in the upcoming fiscal year, I look forward to contributing to its core goal of fostering long-term environmental sustainability, improving resource efficiency, and further reducing greenhouse gas emissions.
At a broader level, I support incorporating large scale circular economy to reduce our carbon footprint by focusing on resource efficiency and minimizing waste, extracting fewer resources from the environment, consequently reducing greenhouse gas emissions.
Since 2022, I have been member of both the Plastic/Zero Waste and the Outreach subcommittees as part of my volunteering for Del Mar Sustainability Advisory Committee. When volunteering for both groups, I have generated printed and online material, posters, and presentations for specific groups in the community.
- Participation in the review of the Del Mar Go Green website in collaboration with SAC’s staff liaison (2022).
- Participation in the development and content creation for the Trash Talk capsules (published in the Del Mar Weekly since April 2023).
- Creation of content for Green Papers discussing various topics, including:
o Redirecting gray laundry water to our gardens
o Back-up power during power outage
o Benefits of energy efficient homes
o Reduce, reuse, recycle
o Mark O’Connor is Rising Above Plastics: a local environmental leader’s story o EDCO: Family-owned and locally operated hauler of Del Mar’s waste o Del Mar’s ordinances to reduce plastic pollution in our environment o Pet waste belongs in the trash
- Outreach in the community includes:
o Del Mar Foundation 2023 picnic booth (SAC general information) o Del Mar Community Connection, Tuesday Lunch Connection, 2024 (green waste recycling, reducing contamination when sorting refuse)
o Del Mar Climate Change Coalition information table, 2024 (Del Mar ordinances to reduce plastic pollution in our environment) (continued on next page) o Farmer’s Market booth 2023 and 2024 (SAC general information, green waste recycling, reducing contamination when sorting refuse). September 7th, 2024 was a collaborative effort where EDCO and Canyon Crest Academy students from the Sustainability Club participated jointly along SAC Outreach. o Rotary Club of Del Mar Lunch Speaker, 2024 (green waste recycling, reducing contamination when sorting refuse) 17 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
9. Undergrounding Program Advisory Committee
The Undergrounding Program Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you?
10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.
11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City o Farmer’s Market booth 2023 and 2024 (SAC general information, green waste recycling, reducing contamination when sorting refuse). September 7th, 2024 was a collaborative effort where EDCO and Canyon Crest Academy students from the Sustainability Club participated jointly along SAC Outreach. o Rotary Club of Del Mar Lunch Speaker, 2024 (green waste recycling, reducing contamination when sorting refuse)
Thank you for the opportunity.
18 April 21, 2025 Item 07
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. __ _ ______2/21/2025__________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
19 April 21, 2025 Item 07
City of Del Mar
Sustainability Advisory Committee
Position Secretary
Office/Role Secretary
Category Voting Member
Valerie Dufort-roy
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Category Ex-Officio, Non-Voting Member
Ken Olson
1st Term Dec 12, 2022 - Mar 31, 2025
Category Ex-Officio, Non-Voting Member
Jeanne Nilmini Silva-send
2nd Term May 01, 2022 - May 31, 2025
Appointing Authority City Council
Category Voting Member
Alan Sweedler
2nd Term Jul 04, 2022 - Jul 31, 2025
Appointing Authority City Council
Position Chair
Office/Role Chair
Category Voting Member
Jennifer L Anderson
1st Term Sep 19, 2022 - Jul 31, 2025
Appointing Authority City Council
Category Voting Member
Silvia De Dea
2nd Term Feb 02, 2023 - Feb 28, 2026
Board Roster
Sustainability Advisory Committee Page 1 of 2
20 April 21, 2025 Item 07
Position Vice Chair
Office/Role Vice Chair
Category Voting Member
Dolores Davies Jamison
1st Term Jan 08, 2024 - Jan 31, 2027
Sustainability Advisory Committee Page 2 of 2
21 April 21, 2025 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Ashlea Houston, Management Analyst
Kaitlyn Elliott-Norgrove, Special Projects & Programs Manager Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Approval of Grant Agreements with the Del Mar Foundation to Purchase SCUBA Equipment and Automated External Defibrillators
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council: 1) Accept grant funds from the Del Mar Foundation in the amount of $6,500 for new SCUBA equipment and $17,500 for seven new automated external defibrillators; 2) Authorize the City Manager to execute the necessary grant agreements (Attachments A & B); and 3) Amend the Fiscal Year 2024- 2025 Operating and Capital Budget to reflect the grant funds.
BACKGROUND:
On February 27, 2025, the City of Del Mar received approval for grant funding from the Del Mar Foundation (DMF) to purchase new SCUBA equipment (Attachment A) and seven automated external defibrillators (AEDs) (Attachment B) in Fiscal Year (FY) 2024- 2025. The SCUBA equipment is comprised of SCUBA Rapid Diver Response units, bailout bottles, and regulators.
DISCUSSION/ANALYSIS:
The SCUBA Rapid Diver Response Units, which consist of lighter and smaller SCUBA set-ups, Buoyancy Compensators (bailout bottles), and regulators will be used in rescue incidents requiring a rapid response by the Del Mar lifeguards’ dive rescue team. In addition, the bailout bottles and regulators are important for working dive teams, who are required per OSHA to have redundant breathing systems, which include a secondary air source.
The new AEDs will be used by the Community Services Department to replace older units that are nearing the end of their useful life. The new units will standardize equipment for staff, which makes training easier and provides more timely responses when needed. 1 April 21, 2025 Item 08
City Council Agenda Report
DMF Grant Agreements to Purchase SCUBA Equipment and AEDs April 21, 2025
FISCAL IMPACT:
Council approval of the recommended action for this agenda item will amend the FY 2024- 2025 Operating and Capital Budget to reflect receipt of $24,000 in grant funds as shown in the table below. There will be no impact to the General Fund Contingency resulting from this action.
DESCRIPTION ACCOUNT AMOUNT
Revenue
Contributions 01.4800.4831 $24,000.00
Subtotal: $24,000.00
Expenditures
Small Tools & Equipment 01.5631.2600 $24,000.00
Subtotal: $24,000.00
TOTAL GENERAL FUND CONTINGENCY IMPACT: $0
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.
ATTACHMENTS:
Attachment A – DMF Grant Agreement – SCUBA Equipment
Attachment B – DMF Grant Agreement – AEDs
2 April 21, 2025 Item 08
Aftachment A
GRANT AGREEMENT BETWEEN
DEL MAR FOUNDATION AND CITY OF DEL MAR
This Grant Agreement is entered into between Del Mar Foundafion (the Foundafion), a Non-Profit California Corporafion, and the City of Del Mar (City) as of April 21, 2025.
WHEREAS, on February 27, 2025, the Foundafion approved the grant funding set forth in this Agreement for the purposes described in this Agreement;
NOW, THEREFORE, the parfies agree as follows:
1. Purpose of Grant
The City will use grant funds to purchase SCUBA equipment, including two Rapid Diver Response Units, two Bailout Boftles, and two regulators, for the use of the Del Mar Lifeguard Department.
2. Term of Grant
The term of this Agreement shall be from the date hereof through April 21, 2026.
3. Documentafion of Acfivity and Public Acknowledgment of Grant The Foundafion shall have unrestricted authority to publicize the awarding of this Grant, including the publicafion, disclosure, distribufion, or other use, in whole or in part, of any reports, data, photographs or other materials prepared under this Agreement. Grantee agrees to acknowledge this grant in its printed or online publicafions and publicity materials, including the Foundafion’s logo where pracficable.
4. Amount and Payment of Grant
The amount of this grant is $6,500. Foundafion shall pay the City up to the grant total upon verificafion of purchase expenditures/receipts.
5. Administrator of Agreement
The Administrator of this agreement on behalf of the Foundafion is the Foundafion’s Administrafive Director, Jan Barnes.
6. Communicafion
All communicafions from City to the Foundafion shall be sent to the Del Mar Foundafion, ATTN Grants Commiftee, at the address listed below. Any nofice or nofices required or permifted to be given pursuant to this Agreement shall be sent by mail to the following addresses. A courtesy copy of communicafions and nofices shall also be provided by email.
3 April 21, 2025 Item 08
Grant Agreement: DMF & City of Del Mar
Del Mar Foundafion City of Del Mar
ATTN: Grants Commiftee Ashley Jones, City Manager
P.O. Box 2913 1050 Camino del Mar
Del Mar, CA 92014 Del Mar, CA 92014
[email protected] [email protected]
7. Governing Law
This Agreement shall be construed and interpreted according to the laws of the State of California.
8. Complete Agreement
This Agreement consfitutes the enfire agreement between City and the Foundafion regarding the subject mafter contained herein. All other representafions, oral or wriften, are superseded by this Agreement. Neither party is relying on any representafion outside of this Agreement. This Agreement may be changed only by wriften amendment signed by both parfies.
9. Waiver
The failure of either party to enforce any term, covenant or condifion of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant or condifion of the Agreement. No waiver shall be deemed effecfive unless the waiver is expressly stated in wrifing and signed by the party waiving the right or benefit.
10. Consultafion with Counsel
Each party has had the opportunity to consult with independent legal counsel of its own choosing before execufing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind.
11. Interpretafion
The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.
12. Terms and Condifions Survive Expirafion of Term Agreement.
Unless otherwise specified herein, all terms and condifions of this Agreement shall survive the expirafion of the Term of Agreement specified in Item 2 above.
13. Remedies
Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addifion to, and not a limitafion on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 4 April 21, 2025 Item 08
Grant Agreement: DMF & City of Del Mar
WHEREFORE, the parfies execute this Agreement on the date first wriften above.
DEL MAR FOUNDATION
By
Tom Neumann, President
CITY OF DEL MAR
By
Ashley Jones, City Manager
5 April 21, 2025 Item 08
Aftachment B
GRANT AGREEMENT BETWEEN
DEL MAR FOUNDATION AND CITY OF DEL MAR
This Grant Agreement is entered into between Del Mar Foundafion (the Foundafion), a Non-Profit California Corporafion, and the City of Del Mar (City) as of April 21, 2025.
WHEREAS, on February 27, 2025, the Foundafion approved the grant funding set forth in this Agreement for the purposes described in this Agreement;
NOW, THEREFORE, the parfies agree as follows:
1. Purpose of Grant
The City will use grant funds to purchase seven automated external defibrillators (AEDs) for the use of the Del Mar Community Services Department.
2. Term of Grant
The term of this Agreement shall be from the date hereof through April 21, 2025.
3. Documentafion of Acfivity and Public Acknowledgment of Grant The Foundafion shall have unrestricted authority to publicize the awarding of this Grant, including the publicafion, disclosure, distribufion, or other use, in whole or in part, of any reports, data, photographs or other materials prepared under this Agreement. Grantee agrees to acknowledge this grant in its printed or online publicafions and publicity materials, including the Foundafion’s logo where pracficable.
4. Amount and Payment of Grant
The amount of this grant is $17,500. Foundafion shall pay the City up to the grant total upon verificafion of purchase expenditures/receipts.
5. Administrator of Agreement
The Administrator of this agreement on behalf of the Foundafion is the Foundafion’s Administrafive Director, Jan Barnes.
6. Communicafion
All communicafions from City to the Foundafion shall be sent to the Del Mar Foundafion, ATTN Grants Commiftee, at the address listed below. Any nofice or nofices required or permifted to be given pursuant to this Agreement shall be sent by mail to the following addresses. A courtesy copy of communicafions and nofices shall also be provided by email.
6 April 21, 2025 Item 08
Grant Agreement: DMF & City of Del Mar
Del Mar Foundafion City of Del Mar
ATTN: Grants Commiftee Ashley Jones, City Manager
P.O. Box 2913 1050 Camino del Mar
Del Mar, CA 92014 Del Mar, CA 92014
[email protected] [email protected]
7. Governing Law
This Agreement shall be construed and interpreted according to the laws of the State of California.
8. Complete Agreement
This Agreement consfitutes the enfire agreement between City and the Foundafion regarding the subject mafter contained herein. All other representafions, oral or wriften, are superseded by this Agreement. Neither party is relying on any representafion outside of this Agreement. This Agreement may be changed only by wriften amendment signed by both parfies.
9. Waiver
The failure of either party to enforce any term, covenant or condifion of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant or condifion of the Agreement. No waiver shall be deemed effecfive unless the waiver is expressly stated in wrifing and signed by the party waiving the right or benefit.
10. Consultafion with Counsel
Each party has had the opportunity to consult with independent legal counsel of its own choosing before execufing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind.
11. Interpretafion
The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.
12. Terms and Condifions Survive Expirafion of Term Agreement.
Unless otherwise specified herein, all terms and condifions of this Agreement shall survive the expirafion of the Term of Agreement specified in Item 2 above.
13. Remedies
Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addifion to, and not a limitafion on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 7 April 21, 2025 Item 08
Grant Agreement: DMF & City of Del Mar
WHEREFORE, the parfies execute this Agreement on the date first wriften above.
DEL MAR FOUNDATION
By
Tom Neumann, President
CITY OF DEL MAR
By
Ashley Jones, City Manager
8 April 21, 2025 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 21, 2025
SUBJECT: Introduction of an Ordinance to Accept California Coastal Commission (CCC) Modifications to Ordinance No. 1002 Adopted by the City Council on December 18, 2023, to Amend Del Mar Municipal Code (DMMC) Chapters 30.91 (Accessory Dwelling Unit Regulations) and 30.75 (Coastal Development Permits) in the Local Coastal Program for Consistency with the March 13, 2025, CCC Conditional Certification Decision
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Confirm staff’s determination that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to various statutory and categorical exemptions in the CEQA Guidelines and prior environmental analysis in the 6th Cycle Housing Element Program Environmental Impact Report as further described in the Environmental Impact statement in the Agenda Report below; and 2) Introduce an Ordinance (Attachment A) to accept changes required by the CCC as a condition of final certification of the Local Coastal Program Amendment (LCPA), which amends the Accessory Dwelling Unit (ADU) regulations in DMMC Chapter 30.91 and Coastal Development Permit regulations in DMMC Chapter
30.75. BACKGROUND:
An ADU is an ancillary dwelling unit with complete independent living facilities that includes a kitchen, bathroom, and separate entrance. The ADU may be located within, attached to, or detached from a primary dwelling unit (existing or proposed) on the same lot. A Junior ADU (JrADU) is a smaller type of ADU (500 square feet maximum in size), in a single dwelling unit zone, that is developed entirely within the walls of a primary dwelling unit and that has a separate entrance, efficiency kitchen in the JrADU, and access to a bathroom. 1 April 21, 2025 Item 09
City Council Agenda Report
CCC Modifications to ADU Regulations Ordinance
April 21, 2025
State ADU law requires local jurisdictions to allow ADU development in all zones that allow residential use, including mixed-use zones. This includes overlay zones such as the Floodplain Overlay Zone and Bluff, Slope, and Canyon Overlay Zone where the proposed development meets all specified criteria for permit approval. Like other residential development, ADU’s are also allowed in High Fire Hazard Severity Areas where the applicant demonstrates that wildland fire safety precautions are integrated into construction of the unit to mitigate potential hazards. This includes compliance with the California Building Code requirements for use of non-flammable building materials. The City’s ADU Ordinance also provides mitigation in fire hazard severity areas by requiring off-street parking for proposed ADU development on a narrow street with an improved street width less than 20 feet.
Proposed ADU development generally is subject to approval of an administrative Coastal Development Permit (CDP). This allows for permit review to account for the site-specific development context, project conformance with the certified LCP, and the required findings for CDP approval under DMMC Section 30.75.140.
On December 18, 2023, the City Council adopted Ordinance No. 1002 (Attachment B), amending the City’s Local Coastal Program (LCP), as necessary for compliance with State ADU Law and the City’s certified 6th Cycle Housing Element (2021-2029) potential sites for low-income units and housing programs including Program 2F (Tiny Homes) and Program 6B (Affirmatively Furthering Fair Housing). Following approval by the City Council, the Ordinance was submitted to the CCC for certification as required.
Additional background regarding the Local Coastal Program amendments may be accessed in the following links to City Council Agenda reports for December 4 and December 18, 2023:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_12042023-3343 https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_12182023-3353 DISCUSSION/ANALYSIS:
On March 13, 2025, the CCC conditionally certified the City’s ADU Regulations LCPA. See Attachment C for the required CCC modifications in Strikeout-Underline format and Attachment D for the CCC conditional approval letter. The CCC staff report (Item Th18c) may be accessed in the following link: https://www.coastal.ca.gov/meetings/agenda/ Coastal jurisdictions must comply with the State’s ADU laws (California Government Code) and meet the mandates of the California Coastal Act and the City’s certified LCP, which is achieved by harmonizing these laws. CCC’s conditional certification action upheld several key components of the City’s adopted ADU Ordinance that are important to the City of Del Mar. These include deed restrictions that ensure ADUs are used for their intended purpose as living units; and limitations on height, size, setbacks, and parking. These regulations are intended to protect access, sensitive coastal resources, and public scenic views. The CCC 2 April 21, 2025 Item 09
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CCC Modifications to ADU Regulations Ordinance
April 21, 2025
action also approved the City’s ADU Incentive Program approach to incentivize production of low-income units.
The proposed Ordinance incorporates CCC’s required modifications, which are intended to ensure consistency with the City’s certified LCP and Coastal Act as follows:
• Clarifies tiny homes are not allowed in the Beach Commercial (BC) or Visitor Commercial (VC) Zones because these zones do not allow housing. • Clarifies that an exemption from a CDP for ADU development only applies where:
o An ADU or JrADU is created through conversion of existing habitable space in a primary structure that will not remove or replace major structural components (i.e., roofs, exterior walls, foundations), or
o A proposed ADU is attached to an existing single dwelling unit and complies with the CDP exemption provisions in Coastal Commission Section 13250 in the California Code of the regulations. (See Attachment E.) • Maintains the existing requirement for the owner to record a deed restriction acknowledging the applicable use limitations that shall run with the land and that the deed restriction shall include information regarding the sale, occupancy, and rental of the unit consistent with State law. The CCC modification adds that the required deed restriction must also include notification disclosure of Overlay Zoning designation(s) for the property.
• Clarifies the standard for proposed redevelopment of nonconforming structures to build ADUs and JrADUs. An existing nonconforming structure may be modified to accommodate an ADU or JrADU. The resulting redeveloped structure cannot be in a geologic setback, public scenic view, public coastal access, or wetland buffer. CCC defines “redevelopment” as:
o Additions to an existing structure, or
o Exterior or interior renovations, or
o Demolition or replacement of an existing principal structure, or portions thereof, that replaces 50% or more of major structural components including exterior walls, floor, roof structure or foundation, or a 50% increase in floor area. • The existing standard for ADUs on duplex lots applies a maximum height of 16 feet.
Similar to what applies to single dwelling unit lots, the CCC modification allows ADUs on duplex lots at a second story level if there is not sufficient buildable area on the 3 April 21, 2025 Item 09
City Council Agenda Report
CCC Modifications to ADU Regulations Ordinance
April 21, 2025
ground floor level of the lot and if necessary to minimize potential impacts to the greatest extent (i.e., to maintain parking on-site in parking impacted locations). • Clarifies that replacement parking (i.e., where existing garage, carport, or covered parking is demolished or converted to an ADU) shall only be required if loss of the offstreet parking would have a significant effect on public access to the shoreline. Also, clarifies that no off-street parking requirements shall be required for ADUs proposed within one-half mile of a major transit stop, unless the ADU is in the CCC Appeals area and lack of parking would have a significant effect on public access to the shoreline.
A major transit stop is defined as a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with frequencies of services intervals of 15 minutes or less during the morning and afternoon peak commuter periods. At this time, Del Mar does not have any major transit stops.
• Removes requirement for replacement parking for JrADUs created within converted attached garages.
• Modifies the floodplain standard to require consideration of sea level rise in design.
This codifies existing California Coastal Act regulations within the local ADU regulations in the certified LCP.
• Incorporates minor corrections to section references throughout, including a minor correction to fix an incorrect section reference within Section 30.75.120(E)(3) in the Chapter 30.75 Coastal Development Permit (CDP) regulations, which refers to the Planning and Community Development Director’s authority to issue approvals for ADU development through an administrative CDP review and approval process consistent with State ADU law. The administrative changes also update outdated section references to reflect current California Government Code sections that changed due to State ADU legislation passed after City Council adoption of the Ordinance in December 2023.
The required CCC modifications are consistent with the Del Mar Community Plan (General Plan) and required protections in the City’s certified LCP.
The introduction and adoption of the Ordinance reflecting the CCC modifications will allow the City to obtain final certification approval from the CCC. If introduced, the Ordinance would return to the Council for consideration and adoption on May 5, 2025. While the adopted ADU regulations will not take effect until the date CCC grants final certification approval, which typically occurs at the first available CCC hearing following City Council adoption; during this interim period, the City will continue to harmonize State ADU law with its certified LCP for all ADU applications in process. During this interim period, staff will be applying the standards 4 April 21, 2025 Item 09
City Council Agenda Report
CCC Modifications to ADU Regulations Ordinance
April 21, 2025
set forth in this Ordinance reflecting CCC’s modifications read in combination with the previously adopted ADU Ordinance No. 1002, until the CCC grants final certification.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the Ordinance 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 amendments to the City’s Zoning Code are 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.
5 April 21, 2025 Item 09
City Council Agenda Report
CCC Modifications to ADU Regulations Ordinance
April 21, 2025
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 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 entire record, the Ordinance does not require a subsequent EIR or further environmental review.
HOUSING IMPACT:
The ADU regulations will facilitate development of new housing options consistent with the City’s certified 6
th Cycle Housing Element, the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements. ADUs are a key component of the City’s adopted, balanced housing strategy which identifies a target to create 15 low income ADU units through the City’s ADU Incentive and Amnesty Programs, provisions for Tiny Homes, and other strategies to preserve existing units in the community that provide more affordable housing options.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the ADU Regulations Ordinance in compliance with the City’s 6th Cycle Housing Element is a Tier 1 (Highest) City Council priority work plan item.
ATTACHMENTS:
Attachment A – Proposed Ordinance Accepting CCC Modifications to Ordinance No. 1002 Attachment B – Previously Adopted Ordinance No. 1002
Attachment C – CCC Modifications in Strikeout-Underline Format Attachment D – CCC Conditional Approval Letter
Attachment E – CCC California Code of Regulations Section 13250 6 April 21, 2025 Item 09
ATTACHMENT A
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE (ZONING CODE) CHAPTER 30.91 ACCESSORY
DWELLING UNIT (ADU) REGULATIONS AND CHAPTER 30.75
COASTAL DEVELOPMENT PERMIT REGULATIONS AS
ADOPTED BY PROSPECTIVE ORDINANCE NO. 1002; ALL
RELATING TO AMENDMENTS REQUIRED BY THE CALIFORNIA
COASTAL COMMISSION AS A CONDITION OF APPROVAL FOR
THE CITY TO OBTAIN FINAL CERTIFICATION OF THE ADU
ORDINANCE FOR IMPLEMENTATION OF THE 6TH CYCLE
HOUSING ELEMENT PROGRAMS 2F (TINY HOMES) AND 6B
(AFFIRMATIVELY FURTHERING FAIR HOUSING)
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, State Accessory Dwelling Unit (ADU) law is one example of a State law that still applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development; and
WHEREAS, State ADU law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application (Cal. Gov. Code. Sec.
Section 66310 et. seq. as amended); and
WHEREAS, the City has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws to ensure protection of sensitive coastal habitats and resources, 7 April 21, 2025 Item 09
Ordinance No. XXXX
public coastal view sheds, coastal parking for public access, and public health and safety; and
WHEREAS, City staff engaged in public outreach to encourage public participation in formulating these draft regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Planning Commission and City Council meetings; and
WHEREAS, the Notice of Availability and Notice of Planning Commission public hearing for the Amendments to the Zoning Ordinance and LCP was published in the Del Mar Times on August 24, 2023, and individual mailed notices were sent to all interested parties; and
WHEREAS, on September 12, 2023, the Planning Commission recommended approval of the ADU Ordinance to the City Council by a vote of 3-2 including modifications to 1) Require all ADUs be used for dwelling unit purposes and subject to deed restrictions; and 2) In R1 zones, prioritize ADUs at the first story level before second story ADU if buildable area is available on the first story level of the lot; and WHEREAS, on October 2, 2023, the notice of City Council public hearing was published in the San Diego Union Tribune and mailed notices were sent to all interested parties including those who participated through the Planning Commission hearing on September 12, 2023; and
WHEREAS, on December 4, 2023, the City Council held a duly noticed public hearing and voted to introduce the ADU Ordinance; and
WHEREAS, on December 18, 2023, the City Council voted to adopt the ADU Ordinance; and
WHEREAS, on December 21, 2023, the City submitted the adopted ADU Ordinance/LCPA submittal to the Coastal Commission for certification review; and WHEREAS, on March 13, 2025, the California Coastal Commission considered the City’s ADU Ordinance/LCPA application and voted to conditionally certify with modifications imposed as a condition of approval; and
WHEREAS, on April 21, 2025, the Del Mar City Council held a duly noticed public hearing to consider whether to accept the CCC’s required modifications and introduce this Ordinance; and
WHEREAS, the CCC modifications have been incorporated herein; and WHEREAS, adoption of this Ordinance will amend the Del Mar Municipal Code Title 30 Zoning Code and certified Local Coastal Program to implement the 6th Cycle 8 April 21, 2025 Item 09
Ordinance No. XXXX
Housing Element commitments in order to maintain compliance with State law and avoid decertification of the Housing Element.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the above stated Recitals are true and correct and are incorporated by reference into this action.
NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar hereby ordains as follows:
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.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 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. 9 April 21, 2025 Item 09
Ordinance No. XXXX
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]
C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in 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. 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 65852.21 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. A proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it is:
a. 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); or
10 April 21, 2025 Item 09
Ordinance No. XXXX
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.
[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 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.
[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 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. Within five (5) working days of a final decision of approval or denial 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 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 11 April 21, 2025 Item 09
Ordinance No. XXXX
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 Government Code Section 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.
[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 12 April 21, 2025 Item 09
Ordinance No. XXXX
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 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 66315, as amended.
G. In accordance with California Government Code Section 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 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 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 the definition of an efficiency unit as defined by California Government Code Section 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]
13 April 21, 2025 Item 09
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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 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.
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 14 April 21, 2025 Item 09
Ordinance No. XXXX
standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040 (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(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(O) and (P).
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 offstreet 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.
P. The following parking requirements are specific to properties located along the shoreline or on the hillside within areas of high wildfire risk:
1. 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 15 April 21, 2025 Item 09
Ordinance No. XXXX
the on-street parking supply has a significant effect on public access to the shoreline.
[No change to subsections e. and f.]
[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, scenic views shall be protected as follows:
1. Projects shall be designed to ensure that no scenic views from public vantage points 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]
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 pe 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 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, 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. 16 April 21, 2025 Item 09
Ordinance No. XXXX
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 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:
[1. through 5. No change in text]
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 [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 public hearing.
[C. through F. No change in text]
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 17 April 21, 2025 Item 09
Ordinance No. XXXX
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.]
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.Y.
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 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:
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, 18 April 21, 2025 Item 09
Ordinance No. XXXX
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.
[2. No change in text]
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(N)(1), the ADU shall comply with the following additional setback requirements.
a. The coastal bluff setback in the Coastal Bluff Overlay Zone as required by Chapter 30.55.
[b. through e. No change in text]
SECTION SEVEN:
The Coastal Commission conditionally certified the Ordinance/LCPA on March 13, 2025, and the City scheduled the introduction hearing for the amending ordinance on the first available date for the associated public hearing of the City Council.
SECTION EIGHT:
This Ordinance was introduced by the City Council on April 21, 2025.
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:
Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification of the 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. 19 April 21, 2025 Item 09
Ordinance No. XXXX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held on the 5th day of May, 2025. ________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, 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 NoXXXX, 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 5th day of May, 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
20 April 21, 2025 Item 09
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, REPEALING AND REPLACING THE DEL
MAR MUNICIPAL CODE CHAPTER 30.91 ACCESSORY
DWELLING UNIT (ADU) REGULATIONS; AND AMENDING
RELATED SECTIONS IN THE DEL MAR MUNICIPAL CODE AND
LOCAL COASTAL PROGRAM (LCP) ALL RELATING TO THE
HARMONIZATION OF ADU REGULATIONS IN THE CALIFORNIA
GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 WITH
THE CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED
LCP
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that Accessory Dwelling Units (ADUs) are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the State Legislature also declared that ADUs are an “essential component of California’s housing supply” and that ADUs provide additional rental housing; and
WHEREAS, when the State revises ADU law found in Government Code Section 65852.2, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law; and WHEREAS, proposed ADU projects must comply with the current ADU law, the California Coastal Act, and the remaining valid provisions in the City’s certified Local Coastal Program (LCP); and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar and has an overall goal to “preserve and enhance the special character of Del Mar”, this includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City has a certified Housing Element for the 6th Cycle years 2021- 2029 that has been incorporated into the City’s Community Plan as a standalone element; and
WHEREAS, the certified Housing Element requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low Attachment B
21 April 21, 2025 Item 09
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income units, 64 low-income units, 31 moderate-income units, and 31 above moderateincome units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and
WHEREAS, production of ADUs is one strategy of a City Council-adopted multifaceted approach to meet the City’s affordable housing obligations in compliance with State law; and
WHEREAS, the City’s overall stated housing goal in the Housing Element continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and
WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and WHEREAS, adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, ADUs are intended by the State Legislature to be used for dwelling purposes to provide for more housing stock in California and to create lower-cost housing opportunities, and during the public hearings concerning this Ordinance considerable public testimony and evidence was provided that homeowners have abused the ADU process by using ADUs as recreational rooms, office spaces, and to secure better private views of the ocean; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, ADU law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application to ADU laws; (Cal. Gov. Code. Sec. 65852.2(l)); and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, the City of Del Mar has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic 22 April 21, 2025 Item 09
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public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and
WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws; and
WHEREAS, the standard of review for proposed ADU development in the City of Del Mar must be balanced against the mandates of the Coastal Act and stated as objective standards within the City’s certified Local Coastal Program to ensure protection of public scenic views, public access, coastal resources and public health and safety; and WHEREAS, within the City of Del Mar there are narrow roads located in the residential zones and during times of emergencies or public emergency evacuations significant public safety issues are likely to arise where additional on-street parking is added to these already constrained streets; and
WHEREAS, within the City of Del Mar there are a number of residential structures in high risk wildfire areas in the State’s identified Very High Fire Hazard Severity Zone that are served by narrow roads; and
WHEREAS, Del Mar Municipal Code (DMMC) Section 10.04.070 specifies required minimum unobstructed improved road widths to ensure fire apparatus access; and
WHEREAS, the City intends to update the Community Plan Safety Element to ensure that residents living in high-risk wildfire zones may safely evacuate in times of emergencies and that emergency response equipment will have adequate access to those areas; and
WHEREAS, while the Safety Element update is being prepared it is in the interest of public safety to ensure that any new development in high-risk areas has the ability to evacuate its residents in times of public emergencies; and WHEREAS, within the City there are sandstone bluffs and coastal bluffs that are fragile and are protected as environmental resources and potential coastal hazards in the City’s certified LCP; and
WHEREAS, consistent with all residential development and the City’s certified LCP, proposed ADU development near sandstone bluffs and coastal bluffs requires 23 April 21, 2025 Item 09
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specific regulation to ensure protection of the bluff and the bluff’s habitat values and protection of public safety; and
WHEREAS, this ADU Ordinance includes provisions necessary to protect sensitive coastal habitats, ensure public access, maintain public coastal view sheds, provide coastal parking requirements, and protect public safety in order to harmonize the State ADU regulations with the California Coastal Act and the City’s certified LCP; and WHEREAS, the City staff engaged in extensive public outreach to encourage public participation in formulating these draft ADU regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, multiple announcements made during public meetings including the Design Review Board and City Council meetings; and
WHEREAS, notice of the July 10, 2023, public workshop discussion related to ADUs was posted in the Del Mar Times on June 29, 2023; and WHEREAS, the Notice of Availability and notice of Planning Commission public hearing for the draft ADU Ordinance was posted in the Del Mar Times on August 25, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, during the September 12, 2023 public hearing, the Planning Commission recommended the City Council adopt the Ordinance with modifications to reflect concerns raised in submitted correspondence and during public testimony that many ADUs built in the City were built simply to add value to the primary residence, are not being used for housing purposes to add to the housing rental stock as the Legislature intended, and are instead being used for home offices, recreational rooms, vacation rentals, and other uses; and
WHEREAS, the Planning Commission recommended modifications to the City Council to be responsive to the public testimony and these modifications have been incorporated into the Ordinance; and
WHEREAS, on September 18, 2023, the notice of City Council public hearing was published in the Daily Transcript and mailed notices were sent to all interested parties who have participated through the Planning Commission hearing on September 12, 2023; and
WHEREAS, additional public notice was provided on October 2, 2023, in the San Diego Union-Tribune and mailed notices were sent to all interested parties with notification of the hearing continuance from October 2 to October 16, 2023, and again on November 16, 2023, with published notice in the Del Mar Times and mailed notices to all interested parties providing notification of the City Council hearing on December 4, 2023; and
24 April 21, 2025 Item 09
Ordinance No. 1002
WHEREAS, on October 16, 2023, the City Council held a duly noticed public hearing, considered public testimony and written correspondence, and continued the item with direction for staff to revise the Ordinance to add a Notice of Application requirement for ADU applications and incorporate additional citywide objective standards to address parking in areas of high wildfire risk, grading/landform alteration, and other objective standards consistent with those adopted as part of the Senate Bill 9 Ordinance/LCPA; and
WHEREAS, the City’s certified 6th Cycle Housing Element includes six ADUrelated housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households; and
WHEREAS, this Ordinance implements Housing Element Program 2F (Tiny Homes) by incorporating a definition for tiny homes and allowing tiny homes through the same ministerial approval process as ADUs thereby facilitating development of small units ranging from 150 square feet to 400 square feet in size that if developed in the City is likely to provide more affordable housing options due to the smaller size of the unit type; and
WHEREAS, adoption of this Ordinance will facilitate implementation of an incentive program in accordance with Housing Element Program 2A (Incentives to create ADUs for low income households) by incorporating provisions into the certified LCP to authorize the granting of specific planning and zoning incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the incentive program, that limit the ADU use and occupancy based on restricted income limits and rental rates for a low-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, this Ordinance establishes an ADU Amnesty Program that will facilitate implementation of Housing Element Program 2B by incorporating provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, the ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper 25 April 21, 2025 Item 09
Ordinance No. 1002
permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare; and WHEREAS, the ADU Amnesty program is intended to encourage compliance with standard building codes and public safety requirements; and WHEREAS, the Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defect.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:
1. The foregoing Findings with the above stated Recitals are true and correct and are incorporated by reference into this action.
2. The City has received extensive written and oral public testimony attesting to the widespread misuse of ADUs. Such misuse is contrary to the legislative intent of ADU law.
3. The ADU Ordinance substantially complies with State ADU law, as provided in California Government Code Sections 65852.2 and 65852.22, as harmonized with the California Coastal Act and consistent with California Government Code Section 65852.2(l).
4. Within the City of Del Mar there are areas of high wildfire risk where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation. Some of these hillside areas also have narrow winding roads that serve as the only evacuation route for homes within these neighborhoods. The City is processing an update to the Safety Element in the Del Mar Community Plan to ensure that residents living in these high-risk wildfire zones may safely evacuate in times of public emergencies and that there is adequate access for emergency response personnel and equipment to reach those areas. To be responsive to these unique conditions, the City has recently prepared and approved an evacuation plan addressing these conditions, prepared appropriate mass evacuation emergency response approaches, and identified how to effectively respond to various types of emergency conditions. These combined conditions are unique to the City and there are limited options other than imposing parking requirements on all new developments where there are improved roads that are twenty feet or less in width, which will ensure compliance with DMMC Section
10.04.070. These provisions are also consistent with the public safety and welfare provisions of the California Coastal Act Chapter 3, Article 6, Section 30253(a).
5. While the citywide Safety Element update is being prepared, the City finds that it is in the interest of public safety to ensure that any new development, including 26 April 21, 2025 Item 09
Ordinance No. 1002
ADU development, located in high-risk areas have the ability to safely evacuate its residents in times of emergencies. Additionally, building structure separation is a critical component to ensure that fire personnel and their equipment can access structures during a fire. These building separations become even more critically important when emergency response is impeded by the City’s narrow streets, or where the structures are located in high risk fire hazard hillside communities.
6. Within the City there are hundreds of existing homes located within FEMA flood zones identified by FEMA. The flood conditions in these areas, as identified by best available science, are being exacerbated by climate change and sea level rise (existing and projected). On a citywide basis, the City is addressing these flood conditions to minimize flood risk through adaptation mitigation measures. These measures are consistent with the adopted City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates October 2018). Currently, the City has an existing system of shoreline protection along the shoreline in the North Beach neighborhood, which has been maintained in accordance with the Beach Preservation Initiative and the Beach Overlay Zone policies and regulations in the City’s certified Local Coastal Program. In addition, the City has a Sand Compatibility Opportunistic Use Program in place to facilitate sediment management and maintenance of a wide beach and is in process of preparing a conceptual plan for a living levee, vegetated berm system, to provide flood adaptation along the banks of the San Dieguito River in accordance with the City’s adopted Sea Level Rise Adaptation Plan and the Coastal Act. All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize flood damage and avoid flood hazards in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(a) (Cal. Pub. Res. Code Section 30253(a)).
7. Within the City there are eroding bluffs and unstable, fragile slopes that may pose a danger to residents building in these blufftop areas that are vulnerable to erosion and instability. The City is addressing these specific risks by requiring geotechnical reports and setback requirements consistent with existing requirements applicable to all proposed residential development on lots with steep slopes or coastal bluffs required by the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub. Res. Code Section 30253(b)); as well as implementation of adaptation measures in accordance with the City of Del Mar Sea Level Rise Adaptation Plan. These setback and geotechnical protection requirements are required hazard controls in the City’s certified LCP that are intended to protect the public safety and welfare and apply to all new development.
All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize and avoid erosion hazards in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub. Res. Code Section 30253(b)).
27 April 21, 2025 Item 09
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8. Within the City there are significant sensitive coastal resources and environmentally sensitive habitat areas that are specifically protected under the California Coastal Act. ADU law specifically provides that coastal resource protections found in the California Coastal Act are not to be superseded or its effects lessened by the provisions of ADU law. Protection of these natural habitats and environmentally sensitive resources is a cornerstone of the Coastal Act found in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res.
Code Section 30240). Consistent with case law, the California Coastal Act, and the State’s housing policies and its implementing regulations, the City has made reasonable and good faith efforts to harmonize any conflicting regulations to ensure the protection of coastal resources and to ensure the protection of public safety and welfare while furthering the housing goals of the State. The City has reasonable relied on its certified LCP, public testimony, written evidence, and the City’s unique infrastructure and environmental conditions in harmonizing the State’s ADU laws with the Coastal Act and the City’s police powers in protecting the safety of its residents.
9. Within the City there are public scenic view corridors to coastal resources that are protected under the California Coastal Act. Consistent with the Coastal Act, these scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. (See:
Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). As applied to all residential development in the City, an ADU development may not obstruct the public scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, building restricted easements are enforced and certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.
10. Within the City there are rare and scenic trees that are native to Del Mar and protected under the California Coastal Act. On a case-by-case basis, the ADU location siting will be required to avoid impacts to these protected tree species and comply with DMMC Chapter 23.50. These coastal resource protections are consistent with Cal. Gov. Code. Sec. 65852.2(l) and these habitat value protective measures are consistent with California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res. Code Section 30240).
11. The City’s certified 6th Cycle Housing Element requires the creation of additional affordable housing stock.
12. The California Legislature made findings, declarations, and statements of intent in drafting the ADU laws. A paramount legislative finding states that ADUs “are an essential component to creating additional housing stock.” The City’s ADU ordinance is consistent with creating essential housing stock. During the public hearing process for this Ordinance numerous residents testified that a significant 28 April 21, 2025 Item 09
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majority of ADUs have been constructed for uses other than to serve as dwelling units; with the most common practice being to remodel existing dwelling units to access new or enhanced private views of the ocean for the existing occupants as a means to avoid the City’s discretionary design review process that otherwise applies citywide. This Ordinance discourages the construction and use of ADU development for the enhancement of private ocean views, or use as home offices or recreational purposes. The intent of the City’s Ordinance is to ensure that ADUs are built for dwelling purposes and to curtail the misuse of ADU law.
13. The City has considered HCD and California Coastal Commission staff comments and such comments are incorporated herein.
14. The ADU Ordinance includes provisions to harmonize ADU state law with the California Coastal Act’s Chapter 3 protective provisions and the City’s certified LCP. This includes specific measures to protect the public safety from environmental and infrastructure conditions that are unique to the City. The City’s certified LCP has “Overlay Zones” as a means for implementing the hazard control policies in the LCP Land Use Plan in order to protect coastal resources, environmentally sensitive habitat areas, and high risk public endangerment areas.
These Overlay Zones apply citywide and now by this ordinance include ADU development, including development within the Beach Overlay Zone, Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Floodplain Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and the Wildland Urban Interface (WUI) Fire Hazard Severity Areas. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the California Coastal Act. The Coastal Act provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal.
Pb. Res. Code 30240). The City’s LCP Overlay Zones ensure that environmentally sensitive habitat areas are protected against any significant disruption from housing projects. ADU law recognizes that these fundamental Coastal Act protections are not superseded and ensures that its effects are not lessened by ADU development provisions that may conflict with the Coastal Act. The standards for development and the coastal resource protections afforded by these Overlay Zones will equally apply to all residential development including ADU development projects.
15. As required by the Coastal Act, the Ordinance includes provisions to ensure that the existing reservoir of public parking along the shoreline will be sufficient to maintain the public’s right to coastal access. Public access to the shoreline is facilitated by on-street public parking. However, on-street parking in the City is highly limited. Therefore, the City’s LCP policies, as certified by the California Coastal Commission, ensure that new residential development can self-park on its property. Use of on-street parking by ADUs or other development projects in coastal parking impact areas impedes public access to the shoreline. The parking standards under the ADU law are in conflict with existing California Coastal Act coastal access policies, as implemented by the City’s existing LCP. However, ADU 29 April 21, 2025 Item 09
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law does not supersede or lessen the effect of the California Coastal Act. (Cal.
Gov. Code. Sec. 65852.2(l). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)). Therefore, the public’s right to park along public streets that are near the shoreline is preserved by implementation of this Ordinance. (See: Cal. Pub. Res. Code Sec. 30212(a)).
16. Within the City there are some roadways that are substandard in width. When onstreet parking is allowed in these areas without limitation, emergency response can be impacted if emergency response vehicles and equipment cannot safely respond to local incidents. Therefore, to ensure protection of public safety along these very narrow roadways, the Ordinance ensures safe access for emergency response vehicles and access to emergency response equipment. All new residential development located in these areas must ensure adequate off-street parking for its residents. These evaluations occur on a case-by-case basis.
17. As required by the Coastal Act, the Ordinance contains provisions to ensure protection of public coastal scenic views. Similar to other residential development within the Coastal Zone, this Ordinance limits ADU development where it would impact public scenic and visual corridors to the sea. Under the Coastal Act Chapter 3, Article 6, Section 30251 states the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. (See: cal. Pub. Res. Code Section 30251).
18. Within the City there are sandstone bluffs and coastal bluffs that are fragile, provide habitat value, and are protected in the City’s LCP as environmental resources and potential coastal hazards. ADU development near sandstone bluffs requires specific regulation, as similarly applied to all other residential development, to ensure protection of the bluff and the bluff’s habitat values and protection of public safety. These sandstone bluffs and coastal bluffs are highly susceptible to erosion and resulting collapse.
19. The City’s certified 6th Cycle Housing Element includes six ADU-related housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households and this Ordinance facilitates implementation of the ADU-related housing programs.
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20. During the Planning Commission and City Council public hearings, considerable public testimony and written evidence was presented establishing that homeowners have abused the ADU process by building ADUs for the sole purpose of enhancing private views of the ocean and adding new home office and recreational rooms. These accessory structures and uses only benefit the primary dwelling unit and are in direct conflict with the legislative intent of ADU law to create additional dwelling units and a net-increase in California’s housing stock that can accommodate additional households and provide new housing choices including lower cost dwelling units. Based on substantial evidence in the record, the ministerial permit process provided by State ADU law has been misused by property owners in the City of Del Mar to build ADUs for the sole purpose and benefit of the primary dwelling unit without making new housing options available.
To ensure that ADUs comply with the State’s legislative intent, ADUs must be developed as new dwelling units and used for dwelling purposes.
21. The ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare. The Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defects.
22. This Ordinance incorporates provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the respective program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable.
23. Where there are direct conflicts between ADU law and the California Coastal Act, the City has either harmonized the conflicts or ensured the protections afforded to coastal resources granted by the Coastal Act as further required by the California Government Code Sec. 65852.2(l).
24. The City of Del Mar Local Coastal Program as certified by the California Coastal Commission is incorporated by reference and is used herein to harmonize the State’s ADU laws in manner so as not to supersede or lessen the effects of the California Coastal Act and its coastal resource protections.
NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Del Mar, California hereby ordains as follows:
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SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:
A. through C. [No change to Tandem Parking Space through Temporary Enclosure] D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.
E. [Modify order of Trailer Coach through Trellis to be sections E. through H.] SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.030 Allowable Uses
The allowable uses in the RM-South Zone are:
A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM-Central Zones.
B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.
C. Multiple dwelling units.
D. Boardinghouses and lodging houses.
E. Licensed rest homes.
F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.
G. A Small Community Care Facility on each building site.
SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:
30.19.040 Accessory Uses
Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, including Accessory Dwelling Units in accordance with Chapter 30.91.
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SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed ResidentialCentral (RC Zone) be amended as follows:
30.21.030 Allowable Uses
The following uses are allowable in the RC Zone:
A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.
B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.
SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows:
30.21.040 Accessory Uses
A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.
B. Off-street parking for a permitted use.
C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.
D. Accessory Dwelling Units in accordance with Chapter 30.91.
SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:
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, 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.
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30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted
A. An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Sections 30.91.040 and 30.91.060, on any lot that is zoned to allow residential or mixed use including the Carmel Valley Precise Plan (permitted only on residential lots 3-9, 11-17, 20-29) and other Specific Plan zones that have been developed or are proposed to be developed with at least one or more residential units.
B. A Junior Accessory Dwelling Unit (JrADU) is permitted within the walls of an existing or proposed single dwelling unit, including an attached garage, and is subject to the development regulations in Section 30.91.050. JrADUs are permitted on property when located on a lot within one of the following single dwelling unit zones:
1. Very Low Density Residential Zone (R1-40)
2. Modified Low Density Residential Zone (R1-14)
3. Low Density Residential Zone (R1-10)
4. Low Density-Beach Residential Zone (R1-10B)
5. Medium Density Single-Family Residential Zone (R1-5)
6. Medium Density Single-Family Residential Zone-Beach (R1-5B)
7. Carmel Valley Precise Plan Specific Plan (CVPP), Residential lots 3-9, 11-17, 20-29
C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones if deed restricted affordable for a lower income household for a term of at least 30 years.
D. Development of an ADU, JrADU, or Tiny Home pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located.
30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units
A. All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of a building permit and Administrative Coastal Development Permit as applicable in
30.91.030.E. The City shall ministerially approve or disapprove a complete building permit application for an ADU/JrADU in compliance with time periods established by State law. If the City disapproves an application for an ADU or JrADU, the City 34 April 21, 2025 Item 09
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shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
1. ADU Submittal Requirements.
In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following as applicable to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community Development Director:
a. Site Plan: A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of all structures on the lot. (i) Calculation of the ADU size shall include all interior floor space within the surrounding exterior walls of the ADU as calculated from the inside face of the wall studs.
(ii) The site plan shall also depict all protected trees (Monterey Cypress and Torrey Pine Species) on the lot and identify a tree canopy dripline protection zone for each protected tree on-site to ensure protection during construction.
(iii) Additional site plan detail, per the City’s ADU checklist on file with the City, shall be included for engineering review of any application to construct an ADU that would be either attached to the primary dwelling unit or constructed as a new detached structure. This includes plan details for proposed
development that includes partial or full demolition of an existing structure on-site to accommodate the ADU, which may include partial demolition of the existing residence or demolition of an existing garage, carport, or other accessory structure.
(iv) In the Coastal Bluff Overlay Zone, a proposed ADU must comply with the recommendations of a geotechnical report in accordance with Chapter 30.55 when sited in a new structure or within a non-habitable space that would be converted to habitable space.
(v) Except where required per Section 30.91.030(A)(1)(a)(iv), engineering review is not required if the ADU would be located within an existing primary dwelling unit or existing accessory structure.
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b. The plans shall include building cross sections taken through the structure and adjacent grade in at least two directions and elevations with proposed height fully dimensioned showing all facade openings and exterior finishes. Elevations and sections shall indicate the line of existing and proposed grade as necessary to depict any grading to occur as a result of the ADU development.
c. A floor plan to identify the exterior entry, number of bedrooms, fully functioning bathroom, and kitchen for the ADU to demonstrate compliance with the requirements for a separate exterior entry compliant with the maximum size allowance, and consistency with the Government Code Section 65852.2(j) definition of ADU that requires an ADU include permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a bathroom and a fully functioning kitchen, which includes a fully functioning cooking area (and not merely a hot plate) and includes other standard kitchen appliances, food storage cabinets, a countertop/food preparation area proportional to the size of the ADU, and a fully functioning sink. d. Information regarding available water and sewer utility easements, services, and connections, and whether the existing primary residence has an automatic residential sprinkler system. e. Standard notes printed on the construction plans prior to building permit approval, including the following statements:
(i) The ADU may be leased but shall not be sold separate from the primary dwelling unit, except that a qualified non-profit affordable housing organization per Government Code
Section 65852.26 may sell a deed restricted ADU to an
eligible low-income owner.
(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for newly created ADUs. Effective January 1, 2025, the property owner shall reside on the property in either the primary dwelling unit or in the ADU.
(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.
(iv) If the ADU is rented or leased, the term for rental shall be the greater of 30 consecutive days, except where the ADU is located in zones that allow for commercial land uses.
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f. A certification of height, setback, and square footage compliance shall be submitted prior to framing inspection.
g. A construction-phase parking and equipment/materials storage plan. h. If applicable, a Federal Emergency Management Agency (FEMA) elevation certificate shall be provided at initial application submittal, and updated (if necessary) prior to building permit issuance. An asbuilt elevation certificate will also be required prior to final inspection and occupancy.
i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in Section
30.91.040.
2. JrADU Submittal Requirements.
In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:
a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that identifies any existing or proposed ADUs on the lot
b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry, and the bathroom the JrADU will have access to.
c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed JrADU in a new structure or within a non-habitable space that would be converted to habitable space.
B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:
1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing. 2 The proposed location of the ADU or JrADU shall be depicted on development plans for the proposed primary dwelling unit.
3. The City may delay acting on the ADU or JrADU permit application until the City acts on the permit application to create the new primary dwelling unit. 37 April 21, 2025 Item 09
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However, the ADU or JrADU application will be processed without discretionary review or public hearing.
4. The decision maker on the primary dwelling unit is precluded from considering the pending ADU or JrADU as part of the discretionary review or hearing for the primary dwelling unit.
5. If the applicant requests a delay, the 60-day time period for review and approval set forth in Section 30.91.030(A) shall be tolled for the period of the delay.
C. Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Del Mar Municipal Code Chapter 23.04 (Building Construction General Provisions). ADUs or JrADUs located in High Fire Hazard Severity Zones shall comply with all applicable Building Code standards for those zones.
D. Notwithstanding the provisions of the Del Mar Municipal Code, development of an ADU designed in accordance with Section 30.91.040 or a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases below, except where it requires an Administrative Coastal Development Permit, pursuant to Section 30.91.030.E
1. Exempt from a Design Review Permit (Chapter 23.08) in all zones including the Carmel Valley Precise Plan and Specific Plan zones.
2. Exempt from a Land Conservation Permit (Chapter 23.33) for all grading proposed within the development footprint for the ADU structure; however, the requirement for an excavation or grading permit in accordance with Chapter 23.32 still applies. A Land Conservation Permit may be required through a separate approval process for any excavation and grading activities proposed outside of the ADU development footprint where such grading and excavation is not required for ADU occupancy.
3. Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:
a. ADU will be located entirely within the walls of an existing habitable structure or within existing non-habitable space located at or above the base flood elevation that is converted to habitable space for the ADU; or
b. ADU will be located in a structure that is designed as follows:
(i) The lowest floor (including basement) will be elevated to or above the base flood elevation plus one foot;
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(ii) The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(iii) Construction materials will be resistant to flood damage; and (iv) All plumbing, electrical, heating, ventilation, and air conditioning equipment will be designed to prevent water from entering or accumulating within the components during
conditions of flooding.
4. Exempt from a Conditional Use Permit (Chapter 30.74) where:
a. Located in the Bluff, Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least 10 feet from the bottom of a steep slope per Section 30.52.070; or
b. Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet from the top edge of a coastal bluff per Section 30.55.080.
E. The 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 65852.2 (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.
2. The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following:
a. An ADU or JrADU created through conversion of entirely existing habitable space; and
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 39 April 21, 2025 Item 09
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appeal authority of the Coastal Commission as defined by DMMC Section 30.75.030.
3. An Administrative Coastal Development Permit in accordance with Section
30.75.080 shall be obtained for an ADU or JrADU that does not meet the exemptions listed in Section 30.91.030(E)(2).
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 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 permitted.
b. In order to approve the ADU, the Planning and Community Development Director shall make a finding that the proposed development is consistent with the requirements of the certified Local Coastal Program, and where applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be required.
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) Notice shall be mailed to all owners of real property within 300 feet of the exterior boundaries of the property, which is the subject of the hearing with ownership as identified on County Tax Assessors' rolls; and to all occupants of property within 100 feet of the exterior boundaries of the property which is the subject of the application.
(ii) Notice shall be sent via U.S. Postal Service to the Executive Director of the California Coastal Commission.
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(iii) The content for the notice of final action by the City shall be in accordance with Section 30.75.120(B)(1-5) and shall contain the date of the decision.
d. Once 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 of the Coastal Commission and 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 Coastal Commission within ten (10) working days in accordance with Section 30.75.110(A) and (B).
F. ADUs or JrADUs issued permits in accordance with Chapter 30.91 shall expire and become null and void two years after the date of issuance, unless a certificate of occupancy has been issued by the Building Division.
G. The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.
H. The construction of an ADU shall not constitute a Group R residential occupancy change as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.
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. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.
J. All dwelling units that meet the definition of a Tiny Home in Section 30.04.190(D) shall be processed as an ADU in accordance with this Chapter.
30.91.040 Accessory Dwelling Unit Development Regulations A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section 30.91.030. 41 April 21, 2025 Item 09
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B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:
1. One ADU or JrADU within the space of a primary single dwelling unit:
a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing structure, except as necessary to accommodate ingress or egress through a maximum expansion of 150 square feet beyond the physical dimensions of the existing structure.
b. If an ADU is developed under Section 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or JrADU was permitted in accordance with section (a) in the above. c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a maximum of one detached ADU (one converted detached structure or new ADU structure) shall be permitted on the lot in addition to the JrADU in accordance with Section 30.91.040(B)(3).
2. One ADU attached to a primary single dwelling unit:
a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be constructed as part of the overall primary single dwelling unit and must share a common wall with the primary single dwelling unit.
b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.
3. One Detached ADU (new structure or conversion of existing structure):
a. There shall not be more than one detached ADU per lot. b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single 42 April 21, 2025 Item 09
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dwelling unit, including conversion of an attached garage, in accordance with Section 30.91.040(B)(1). A JrADU is not permitted within a detached structure.
c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure. d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to, but not exceeding, 150 square feet beyond the physical dimensions of the existing structure. This provision applies even where the existing accessory structure exceeds the maximum allowable square footage for an ADU.
4. Attachment to an Existing Detached Garage:
a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU cannot be attached to any other existing accessory structures. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.
C. If the proposed ADU would be located in a designated historic district or on a property that is listed in a Register of Historic Resources (local, state, or national), then the applicant must demonstrate that the design of the proposed ADU, including exterior finishes, windows, access doors, and rooflines, is consistent with the Secretary of the Interior Standards for preservation of historic resources.
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) 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. The ADU shall be designed to comply with the California Building Code and Title 24 requirements for solar installation, if the ADU would be located within a new structure. Only newly constructed, nonmanufactured, detached ADUs are subject to the Energy Code requirement to provide solar panels. The solar panels may be installed on the ADU or on the primary dwelling unit.
3. The ADU shall have a separate address and mailbox from the primary dwelling unit, which must be requested and coordinated with the City.
4. All new residential development must provide adequate access for emergency response equipment and personnel to ensure public safety for its residents. Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six feet between any buildings shall be maintained.
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. 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 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).
G. In accordance with California Government Code Section 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 accordingly so as to preserve the ability to build at least an 800 square foot ADU.
For the purpose of this section:
1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 44 April 21, 2025 Item 09
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850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.
2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.
3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.
4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from kitchen, living room, and hallway areas.
5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.
6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.
7. In order to comply with the mandates of the California Coastal Act, 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 accommodate a proposed ADU 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 a proposed ADU at least 150 square feet in size that meets the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).
8. The proposed conversion or relocation of square footage from the footprint of an existing ADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.
H. An ADU is not permitted within a building-restricted easement location. 45 April 21, 2025 Item 09
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I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):
1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.
2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows.
When staggering or offset of the window cannot be achieved, the project shall utilize obscured or opaque window glass, clerestory windows, or windows with higher sills. Installation of skylights shall be tinted to avoid interior light transmission.
3. Rooftop decks, including those accessed from a second story ADU, are prohibited.
4. Where provided, fireplaces and chimneys shall be attached to the ADU and shall be no higher than the minimum height required per the California Building Code and shall not project into any required yard setback area.
5. The ADU, including roof eaves, cantilevered portions or overhangs shall not encroach into the required four (4) foot side or rear setbacks.
6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, paint colors and finishes as the primary unit, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings, if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.
7. The foundation and underside of new detached or attached ADUs shall be fully screened with compatible materials and colors as the primary unit.
8. Outdoor speakers, televisions or other permanent electronic entertainment features with mechanically or electronic generated noise are prohibited.
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9 An exterior wall heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU if it maintains all required minimum setbacks applicable to the ADU. Consistent with other residential development in the City, the HVAC shall be fully screened from the public right-of-way and adjacent properties and compliant with the Chapter 9.20 Noise Regulations.
10. Consistent with screening requirements for other residential development:
a. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public rightof-way. All flashing, sheet metal, vents and pipe stacks shall be painted to match the adjacent roof or wall material.
b. Equipment such as backflow preventers shall be screened from public view if located in a street yard setback.
c. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and shall be screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.
d. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from public view with walls and landscaping and secured with a lid if the top of the trash bin is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property.
11. Consistent with standards for other residential development, all fences and walls, including retaining walls, are subject to the following objective standards in compliance with Section 30.86.090. Fences and walls that are not part of the ADU structure or necessary to demonstrate compliance with the applicable ADU development standards require permit review and processing in accordance with applicable Municipal Code standards.
a. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.
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b. The distance between two terraced retaining walls shall be, at a minimum, the average height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.
c. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.
d. Fences and walls shall follow the natural site topography. e. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens.
The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.
f. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.
g. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible for the public right-ofway or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.
12. Consistent with hardscape and driveway requirements for other residential development:
a. Hardscape for access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width and shall not exceed a total maximum of 20 feet along all abutting street lines. The finished grade of a new driveway for the ADU shall not exceed 15 percent, unless designed with Portland Cement Concrete (PCC) surface that incorporates a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20 percent.
b. Line of sight visibility shall be retained for public safety in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected 48 April 21, 2025 Item 09
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or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles.
c. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of an ADU less than 800 square feet.
d. Circular driveways are prohibited.
13. In accordance with the certified Local Coastal Program, new construction shall retain native landscaping and vegetation where possible. The ADU shall not be located within the tree canopy dripline of an environmentally “Protected Tree” native to Del Mar (Monterey Cypress and Torrey Pine Species). If ADU development within the tree canopy dripline protection area for a Protected Tree is necessary to accommodate an 800 square foot ADU, the owner would be subject to compliance with applicable tree removal permit procedures, mitigation, and/or penalties as identified in the City’s Tree Ordinance in DMMC Chapter 23.50. All proposed landscaping for the ADU shall comply with DMMC Chapter 23.60 (Water Efficiency Landscape Ordinance) and any landscape plan requirements applicable to the lot at the time of application.
J. The ADU shall have a separate exterior entry from the primary dwelling unit.
1. The ADU exterior entry shall not be required to have a pathway connection to the street.
2. Consistent with other residential development in the City, if located in the Floodplain Overlay Zone, and the ADU is required to be elevated for compliance with applicable floodplain standards, the entryway to the ADU shall be limited to the minimum width for entry access as required by the California Building Code. Should an ADU application request a greater design width than the minimum required for exterior entry per the California Building Code, then approval of an Administrative Design Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.
K. The following identifies the maximum building height for construction of an ADU:
1. The maximum building height of a detached ADU shall not exceed 16 feet above grade.
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2. Notwithstanding Section 30.91.040(K)(1), on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, the maximum building height of a detached ADU, shall not exceed 18 feet above grade.
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 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 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.
4. Consistent with other residential development in the City and for the purpose of Chapter 30.91, height shall be measured in accordance with DMMC Section 30.04.080(A), except on those parcels that fall entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.
5. Within the Bluff, Slope, and Canyon Overlay Zone, the 14-foot maximum building height of the Overlay Zone shall apply in accordance with the provisions stated above, for consistency with the certified Local Coastal Program.
L. Exterior lighting shall be limited to the minimum necessary for compliance with California Building Code requirements. Consistent with other residential development, all outdoor lighting of an ADU shall be fully shielded, a maximum of 2700 Kelvin, and directed downward and away from neighboring properties 50 April 21, 2025 Item 09
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and/or public rights-of-way and shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark-Sky Association. All exterior lighting shall be equipped with shut off controls or sensors, timers, or motion detectors. Shielded up-lighting and fixtures with an adjustable aiming angle are prohibited.
M. 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 nonconforming 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)(3).
2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.
3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.
4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.
5. In all cases, including the conversion of non-habitable, legal nonconforming structures noted in Section 30.91.040(M)(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.
b. The required minimum Beach Preservation Initiative setback in the Beach Overlay Zone.
c. The required minimum setback in the Bluff, Slope, and Canyon Overlay Zone.
d. Any minimum setbacks required to protect wetlands, wetland habitat, steep slopes, and environmentally sensitive habitat or related area buffers.
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e. The minimum interior side, street side, and rear yard setbacks required by the applicable zone, if necessary to protect public scenic views in compliance with the certified Local Coastal Program.
N. The parking requirements for ADUs are provided in Section 30.91.040(N) and (O). 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 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.
1. The replacement parking may be covered or uncovered and may be located within a driveway or yard setback in a location with an improved parking surface (i.e. paving, hardscape, decomposed granite, etc.)
2. The location of replacement parking shall be consistent with all wetland habitat buffers, steep slope and geologic stability setbacks, and public scenic view protection regulations contained in the certified LCP.
3. The replacement parking may be provided as tandem spaces or accessible by mechanical lift (if the mechanical lift is within a garage).
O. 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 ADU shall provide one off-street parking space (covered or uncovered), except as follows:
a. The property on which the ADU is situated is located outside of the Coastal Commission Appeals Jurisdiction, as delineated in the Del Mar Community Plan and certified LCP.
b. The ADU would be located within the existing primary dwelling unit.
c. The ADU would be located within an existing accessory building on the property.
d. The ADU would be located on a property within one-half mile walking distance of public transit, including a bus stop, train 52 April 21, 2025 Item 09
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station, or paratransit service, if applicable. This exemption does not apply to those lots within the Coastal Commission Appeals Jurisdiction, as additional parking is still required on those lots to maintain coastal access.
e. The ADU would be located in a designated historic district or on a property listed in a Register of Historic Resources (local, state, or national).
f. The ADU would be located on a property within one block of a designated car share parking location.
2. To ensure public safety and emergency access, proposed ADUs located on a site with access from a street with an improved street width 20 feet or less shall provide one off-street parking space for the ADU. The offstreet parking space may be located within a driveway or yard setback in a location with an improved parking surface (i.e., paving, hardscape, decomposed granite, etc.) or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Off-street parking shall not be located within a steep slope, wetland, geological setback, or other environmentally sensitive habitat area.
P. 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 include 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.
Q. An automatic residential fire sprinkler system shall not be required for an ADU if the existing primary dwelling unit does not contain such a system.
R. ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees.
1. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained within the existing primary dwelling unit or within an existing accessory building. The connection fee 53 April 21, 2025 Item 09
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shall be proportionate to the burden of the ADU based on the ADU size and number of plumbing fixtures.
2. Conversion of floor space to an ADU within an existing structure with the appropriate meter size shall not be subject to new water and sewer connection fees.
S. For consistency with the Coastal Act, scenic views shall be protected as follows:
1. Projects shall be designed to ensure that no scenic views from public 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. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan, as well as the appropriate setback(s) that protects public scenic views to the ocean.
3. There are no private, primary scenic view protections from an ADU, and no protection of private views from a primary residence, as a result of ADU development.
T. 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.
U. ADUs shall not be located or approved where the ADU or JrADU is located on: a beach, a wetland, seaward of the mean high tideline, in an environmentally sensitive habitat area, 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.
V. 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.
W. 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 54 April 21, 2025 Item 09
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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:
1. If the ADU is proposed within a proposed structure, the development pad for the new ADU structure shall be located at a grade elevation with a slope that is no greater than 4 to 1.
2. Proposed ADU development shall not encroach within a “substantially steep slope” which is defined as a slope with a slope gradient of 25% or greater and an elevation differential of at least 20 feet between the top and bottom of the slope area.
3. Proposed ADU and development shall be located at least 20 feet from the top edge of a substantially steep slope and at least 10 feet from the bottom of a substantially steep slope. The ADU development shall not be permitted to overhang the steep slope or the required steep slope setback.
4. Proposed grading and excavation shall be minimized to the greatest extent feasible and limited to the area required for the ADU. Proposed grading shall be limited to a quantity of 200 cubic yards of cut and fill quantities combined. Any grading outside of the ADU structure footprint shall be subject to the requirements and procedures identified in Chapter 23.33 (Land Conservation Permit).
5. The design and placement of the ADU shall preserve the natural topography and physical characteristics of the site. To protect coastal resources and reduce wildfire impacts consistent with requirements for other residential development, ADU development shall not be located at the crest, ridgeline, or top of a hill. ADUs shall not project above the peak of the ridgeline.
X. 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.
2. Proposed development shall comply with the certified Local Coastal Program.
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Y. To aid in the prevention of loss of life, proposed ADU development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone shall demonstrate that:
1. The ADU site location has at least two emergency evacuation routes, and the Applicant shall be required to prepare an evacuation map specific to the parcel; or
2. The Applicant shall provide evidence of an equivalent measure that demonstrates that the development will have no adverse impacts to public health and safety.
30.91.050 Junior Accessory Dwelling Unit Development Regulations A. A Junior Accessory Dwelling Unit (JrADU) is a small dwelling unit that is no more than 500 square feet in size and contained entirely within, and accessory to, an existing, or proposed, habitable primary Single Dwelling Unit pursuant to the regulations in Section 30.91.050 and California Government Code section 65852.22. The JrADU may be created within the walls of an attached garage as attached garages are considered to be within the walls of the primary dwelling unit consistent with State law.
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 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. A maximum of one JrADU is permitted per lot developed with a single dwelling unit and located in a single dwelling unit residential zone that allows JrADUs as identified in Section 30.91.020.
1. A JrADU shall not be permitted in a multiple dwelling unit, mixed use, or non-residential zone or on a lot with multiple dwelling unit development.
2. A JrADU shall be permitted only within the walls of a primary single dwelling unit, which can include an attached garage.
3. A lot with a JrADU may also contain a detached ADU on the lot in accordance with Section 30.91.040(B).
4. A JrADU shall not be permitted within a detached structure.
5. The maximum floor area ratio of a lot shall not prohibit development of a JrADU within the walls of the primary dwelling unit. Relocation of any converted square footage from the footprint of the JrADU to another 56 April 21, 2025 Item 09
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