Agenda, regular meeting, first session — Del Mar City Council, May 19, 2025 (part 2 of 3)

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FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

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(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

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(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

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29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

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government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

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(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant: City of Del Mar
Signature of Authorized Agent:

Printed Name of Authorized Agent: Ashley Jones
Title: Date:

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City Manager
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Denise Galvan, Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: May 19, 2025
SUBJECT: Design Review Board Interviews and Appointment REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and appoint up to two residents to serve as a voting member(s) on the Design Review Board for a full four-year term effective June 1, 2025, and expiring on June 30, 2029.

DISCUSSION/ANALYSIS:

The Design Review Board (DRB) evaluates planning applications for their consistency with the provisions of the Del Mar Community (General) Plan, Zoning Ordinance and the applicable design review standards included in the Design Review Ordinance (DRO).

There are two voting member vacancies on the DRB due to Greg Rothnem and Tina Thomas term expirations on April 5, 2025. The City advertised the vacancies and received three Citizen Interest Forms from Adam Wallace, Steve Mitgang and Tina Thomas (Attachment A).

The three applicants have indicated that they meet the requirements of the Del Mar Municipal Code (DMMC) Section 2.38.020 (Attachment B) to serve as voting members on the DRB.

Staff recommends that the City Council review the Citizen Interest Forms, interview the applicants, and vote to appoint up to two applicants to serve on the DRB as voting members for full four-year term(s) beginning on June 1, 2025, and expiring on June 30, 2029.

Pursuant to Council Policy 200 “Committees – City Council Advisory Committees, Boards and Commissions” (Attachment C), an applicant must receive three affirmative votes in order to be appointed. If three affirmative votes are not received, the Council can choose to vote again or to direct staff to reopen the vacancy to solicit additional interest.

A June 1st term start date for new member(s) will allow Design Review Board Members Rothnem and Thomas to serve on the Design Review Board for the May 2025 meeting which will allow staff adequate time to train new member(s).

If the vacancies are filled, the DRB will have a full roster of voting members, with two exofficio (non-voting member) vacancies. 1 May 19, 2025 Item 10
City Council Agenda Report
DRB Interviews and Appointments
May 19, 2025

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ATTACHMENTS:

Attachment A - Citizen Interest Forms
Attachment B - Del Mar Municipal Code Section 2.38.020
Attachment C - City Council Policy 200
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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
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, 2nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):_______________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:
*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.

RECEIVED
By kizgarskaia at 5:35 pm, 4/3/25 Wallace Adam Del Mar, CA 1 20+ years of experience as a strategy and operations executive, deep experance in leadership, organizational transformations, and strategic planning across a wide variety of industries, including energy, technology, defense, and healthcare. Currently, I own a holding company and serve as a fractional executive in fast growth companies.

MFA in Technical Production from University of Delaware (Recruited on a full academic scholarship and stipend to the three-year graduate conservatory) BS in Managment from MTSU
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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

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
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

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 Multi-decade experience partnering with fortune 100 executive leadership teams to led strategy and cultural pivots, including US military and government contractors. These experiences have honed my ability to navigate complex challenges and guide organizations through periods of transformation.

Undergrounding
TGN Consulting - Board Member
Collective Equities - Investment Committee
GDX Marketing - Advisory Board Bobby Ocampo Stratford Ct Bill Gerhard Ocean Ave (Fmr.) Beth McGinty 10th St Jan 2012 / 2023 Jan 2012 / 2023 Jan 2012 / 2023 ✔ ✔
✔
✔
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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. 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? 5 May 19, 2025 Item 10

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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? 6 May 19, 2025 Item 10

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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 Project Advisory Committee
The Undergrounding Project 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? 7 May 19, 2025 Item 10

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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. _ __________________________
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.

Engineering and construction experience, legal training, and years designing governance systems and structures for large organizations. Day to day I regularly manage trade offs between originating intent, as lived application, and consistent governance oversite.

April 3rd 2025
8 May 19, 2025 Item 10

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.

IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
9 May 19, 2025 Item 10

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DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Mitgang Steve R
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 __X_ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
- I have lived in 90214 for 30 years and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I built a new home on Crest Rd in 2022/2023.
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - As a serial Tech CEO, I am sensitive to serving many constituents with competing interests and have run many complex projects in business - and familiar with real estate projects that also included sensitive areas. The next few years will have many complex commercial and residential projects in Del Mar, needing a deft hand to adhere to the City’s values regarding preserving our unique community. While allowing appropriate development.
- I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely *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. 10 May 19, 2025 Item 10

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Note: Personal information may be withheld from public view as allowed by law understand the needs of multiple constituents, and always treat people with candor and transparency.
- I will be a DRB member who is actively engaged, will visit planned sites and critically their adjacent properties/owner sites. I am passionate about privacy and view corridors, while equally passionate about running an objective and fact-based process. - I will pay attention to the details and look beyond the obvious such as property owners who have stayed silent or projects in the (ADR) administrative review lane. - I have a few ideas to help the City Council create a framework for interviewing prospective DRB members to assess their character and decision-making spectrum. - I will also ask many questions to understand our roll and areas for improvement, such as how to ensure that post construction all parties remain aligned to the spirit of the approvals received.

Education:

AB Architecture UC Berkeley 1983
Relevant Experience (job or volunteer etc.):
- I am serial Tech Start Up CEO (retired) where having a strategic plan and listening to many constituents with conflicting needs is core to the job responsibility - Each start up I led in San Diego (4) has had various real estate needs and processes that range from complete newly built structures to major retrofits. One was in a bluff sensitive area. I had to deal with commercial and residential zoning and regulations. - My recent new construction in Del Mar on Crest Rd., within a sensitive bluff and fire zone, and going through the DRB and community process has provided valuable experience. My own DRB experience will help create empathy with various constiuents. - I have built two homes from scratch in the last 20 years. - I have worked with various departments within the city related to our build process:
planning, public works, finance, etc.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
- None
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:

NA
11 May 19, 2025 Item 10

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Note: Personal information may be withheld from public view as allowed by law Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
Katherine Holiday -Sohn Beach Colony On request
Beth Levine Crest Rd. On request
Charlie Gaylord Ocean Front On request
**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: July 1970
I have been a resident of San Diego County since: July 1991 I have been a resident of 90214
Crest Rd July 2023
July
Crest Rd July
1991
2023
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
12 May 19, 2025 Item 10

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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?

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law ☐ Other (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? 14 May 19, 2025 Item 10

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

9. Undergrounding Project Advisory Committee
The Undergrounding Project 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?

Page 7 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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. _________ September 29, 2024.
______________________
Signature Date
- I have lived in the Del Mar for 30 years (Mira Montana Dr. In the Heights) and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I have lived in Del Mar proper since July, 2023
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - I have a degree in Architecture from UC Berkeley and have run many complex projects in business. I have led real estate projects also including sensitive areas. - I have personally designed and built two homes. The home on Crest Rd was designed by Brian Church.
- I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely understand the needs of multiple constituents, and always treat people with candor and transparency.

I appreciate the needs of complex processes and constituents and have a great reputation as a strong communicator and leader. Having just gone through the DRB process, I can be empathetic to the questions and issues being raised and also help create focus and streamline process where appropriate. 16 May 19, 2025 Item 10

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Note: Personal information may be withheld from public view as allowed by law 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.
17 May 19, 2025 Item 10

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 3/24/2025
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.

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 exofficio 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]. Please note: City Hall is closed to the public for in -person services on Fridays, and Citizen Interest Forms should be submitted via email only on Fridays. Citizen Interest Forms can be submitted in-person or via email Monday through Thursday.

IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.

RECEIVED
By Skrietor at 3:15 pm, 4/4/25
18 May 19, 2025 Item 10

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DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
ss (if applicable)
Home Phone Number Business Phone Number
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee ___ 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):

Thomas Tina R
Del Mar CA
I havebeenthrough the DRB personally sat on
the DRB for 4 years I believe in the DRB Community
plan believe with the newguidelinestheDRBis working well together respectfulofthe process I would like to continueserving thecity as I believemyexperience as anapplicant member is Arch bemficied UC Berkeley .BA
19 May 19, 2025 Item 10

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Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

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**:

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

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
applicantto DRB for my home
Architecturaldegree
DRB for 4 years
DRB
Aimée Marine
Tom Collins
Laura Glatthorn
19 5
5 2019
20 May 19, 2025 Item 10

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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? 21 May 19, 2025 Item 10

Page 4 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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? 22 May 19, 2025 Item 10

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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.

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? 23 May 19, 2025 Item 10

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

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. ______ __________________________
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.

I understandthe ordinances guidelines believetheyservethe city applicent well I understand designscalingmassingboththrough myeducation work volunteer experience
4 4 25
24 May 19, 2025 Item 10
Del Mar Municipal Code – Design Review Board Membership

2.38.020 - Membership.

A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries.

Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.

B. Members shall serve staggered, four-year terms.

C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.

D. The Design Review Board shall also include an eighth, ex-officio member and an exofficio alternate, both appointed to a two-year term by a majority of the City Council.

1. The ex-officio member and alternate shall be appointed based on their professional experience in architecture, landscape architecture, planning or urban design.

2. The ex-officio member, or alternate, shall assist the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. As requested, the exofficio member, or alternate, shall also assist the members in a determination of the existence of feasible design alternatives. However, neither the ex-officio member, nor alternate, shall participate in the votes on applications.

3. The ex-officio member, or alternate, shall not be counted for purposes of determining the existence of a quorum of the Design Review Board.

4. The ex-officio member and alternate should preferably be residents of the City but neither is required to be a resident of the City.

5. The ex-officio alternate shall serve in the absence of the ex-officio member.

6. The ex-officio member and alternate shall comply with all City of Del Mar Conflict of Interest regulations.
(Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931 , § 1, 9-18-2017) 25 May 19, 2025 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 1 OF 6
POLICY:

A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.

Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.

B. Council Appointments to City Council Advisory Committees

1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.

2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.

3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.

4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 26 May 19, 2025 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 2 OF 6

5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.

6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.

7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.

9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).

The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.

10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.

C. Council Appointments to the Design Review Board and Planning Commission

1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
27 May 19, 2025 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 3 OF 6

2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.

3. Interviews shall be public and televised as part of the City Council meeting.

4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.

5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.

7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.

8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member, of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling living.

9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
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CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 4 OF 6
D. City Advisory Committee Membership Categories

1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.

2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.

E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair

1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.

2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.

3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.

4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections

2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
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CITY COUNCIL POLICY BOOK
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CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 5 OF 6

5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.

6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.

7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.

At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.

8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.

F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
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CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 6 OF 6
G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.

H. Formation and Dissolution of Boards, Commissions, and Committees

1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.

2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.

3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.

I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 31 May 19, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: May 19, 2025
SUBJECT: Introduction of an Ordinance to Accept California Coastal Commission (CCC) Modifications to the Senate Bill 9 Implementation Ordinance No. 996 Adopted by the City Council on June 19, 2023, to Amend the Del Mar Municipal Code and Local Coastal Program for Consistency with the April 9, 2025, Coastal Commission Conditional Certification Decision Relating to Two-Unit and Urban Lot Split Development in Single Dwelling Unit Residential Zones REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council take the following actions:
1) Confirm staff’s determination that this action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 of the Public Resources Code; 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 California Senate Bill 9 (SB 9) Implementation Ordinance No. 996 (Attachment B) previously adopted by the City Council on June 19, 2023, that added new Del Mar Municipal Code (DMMC) Chapters 23.07, 24.66, and 30.93 and amended DMMC Chapters 30.10, 30.11, 30.12, 30.13, 30.14,

30.15, and 30.75. The proposed Ordinance would further amend DMMC Chapters

23.07, 24.66, 30.13, 30.15, and 30.93 for consistency with the April 9, 2025, CCC conditional certification decision.

BACKGROUND:

The SB 9 State Housing law, as set forth in California Government Code Sections 65852.21 and 66411.7, is intended to address the statewide housing crisis by facilitating construction of additional dwelling units on lots in certain single dwelling residential (R1) zones. Lots are eligible for SB 9 where they meet specified criteria per State law, including compliance with 1 May 19, 2025 Item 11
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the Coastal Act. In the City of Del Mar, opportunities for SB 9 development apply to lots in the R1-10 and R1-5 zones. See Attachment E for maps of properties that are currently eligible and parcels that are currently not eligible due to current conditions related to narrow street widths (less than 20 feet) in fire hazard severity areas and environmental constraints in the Bluff, Slope, and Canyon Overlay Zone. If these conditions change over time, additional SB 9 properties could become eligible in the R1-40 and R1-14 zones as accommodated by the SB 9 implementing regulations.

SB 9 requires local agencies to ministerially process and review applications for SB 9 development in R1 zones subject to objective design standard criteria. The two types of SB 9 projects are referred to as: 1) SB 9 “Two Unit Residential Development” projects that allow development of two primary dwelling units on a lot (duplex development); or 2) SB 9 “Urban Lot Splits” to allow for subdivision of one lot into two lots for development of two primary dwelling units on each resulting lot and maximum of four units total per eligible project.

SB 9 projects encumber future development of the site regardless of whether the proposal maintains one parcel or creates two parcels through a lot split. An owner that pursues SB 9 development is not able to subsequently develop additional Accessory Dwelling Units (ADUs) or Junior ADUs (JrADUs) beyond the maximum four-unit total allowance per SB 9 project.

Following are potential SB 9 development combinations on R1 lots per the State mandate:

SB 9 Project Option with No Lot Split (Maintains One Lot) o Two primary dwelling units, one ADU, and one JrADU; or o Two primary dwelling units and two ADUs
SB 9 Project Option with Lot Split (Lot is Split into Two Lots) o One or two primary dwelling units on each lot; or
o One primary unit plus one ADU or JrADU on each lot; or o One primary unit with one ADU or JrADU on one lot and the new lot created left vacant and limited to future development of one primary unit plus one ADU or JrADU
To satisfy the City’s inclusionary housing requirement, the owner must deed restrict one unit in a SB 9 project for rent to a low-income household. The requirement for one low-income unit applies to the project as a whole. As indicated above, one lot may be left vacant in a SB 9 lot split project, however, in such cases the SB 9 project cannot be approved unless one low-income unit is created on the developed parcel (i.e., primary dwelling unit and one deed restricted low-income ADU or JrADU). No additional inclusionary housing requirement applies for this type of lot split project.

Tenants qualify for affordable housing based on household income level. Currently, the Area Median Income (AMI) for the San Diego region, effective April 17, 2024, is $119,500. The gross income for a low-income household does not exceed 80% of the Annual Median 2 May 19, 2025 Item 11
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Income. This means one-person households may qualify as low income with an income that does not exceed $84,900. An ADU is considered affordable for a one-person, low-income household if the maximum monthly rent is less than $2,123.

On June 19, 2023, the City Council adopted Ordinance No. 996 (Attachment B), amending the City’s Local Coastal Program (LCP), as necessary for implementation of the Senate Bill 9 (SB 9) State law. As adopted, Ordinance No. 996 added new DMMC Chapters 23.07, 24.66, and 30.93 and amended Chapters 30.10, 30.11, 30.12, 30.13, 30.14, 30.15, and 30.75.

Following approval by the City Council in 2023, the SB 9 Implementation Ordinance/Local Coastal Program Amendment 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 June 5 and June 19, 2023:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06052023-3237 https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06192023-3246 In 2023, the City of Del Mar and other cities challenged the constitutionality of SB 9. The City asserted that SB 9 lacked a nexus between its affordability findings because it did not include an affordability housing requirement. In April 2024 the Superior Court ruled in favor of the legal challenge raised by Del Mar and other cities.

Subsequently, SB 9 was amended by SB 450 (Atkins) to modify the prior legislative findings and explicitly make charter cities, including the City of Del Mar, subject to its requirements.

SB 450 was signed into law in September 2024 and took effect statewide January 1, 2025.

The City will be able to accept SB 9 application submittals once the CCC grants final certification of the City’s SB 9 implementation regulations (prior Ordinance No. 996 and the proposed Ordinance).

DISCUSSION/ANALYSIS:

Coastal jurisdictions must comply with SB 9 law (California Government Code Section 65852.21) and meet mandates of the Coastal Act and the City’s certified LCP, which is achieved by harmonizing these laws. On April 9, 2025, the CCC conditionally certified the SB 9 implementation regulations LCPA. See Attachment D for the CCC conditional approval letter. The CCC staff report (Item W19a) may be accessed in the following link:
https://www.coastal.ca.gov/meetings/agenda/
CCC’s conditional certification action upheld several key components of the City’s adopted SB 9 Ordinance that are important to coastal cities like the City of Del Mar. This includes maintaining existing requirements including limitations on height, size, setbacks, and parking to protect coastal access, sensitive coastal resources, open space easements, public scenic views, and public safety from coastal hazards. The City’s certified LCP hazard control policies encourage development to be located away from coastal bluffs, special flood hazard areas 3 May 19, 2025 Item 11
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vulnerable to flooding from rivers or the ocean, and environmentally sensitive habitat areas including sensitive bluffs, sensitive biological resources, wetlands, open space, and conservation areas.

The proposed Ordinance incorporates CCC’s required modifications (Attachment C), which are intended to ensure consistency with the City’s certified LCP and Coastal Act as follows:
• Clarifies applicability of the Coastal Act and certified Local Coastal Program (LCP). • Clarifies that SB 9 development is allowed in Fire Hazard Severity Areas (also referred to as the Wildland Urban Interface), like other residential development, where the applicant demonstrates the location has access to at least two evacuation routes and the development will integrate wildland fire safety precautions into construction of the development to mitigate potential hazards. This includes compliance with the California Building Code requirements for use of non-flammable building materials as well as access with road widths at least 20 feet in width for emergency response. • Clarifies that SB 9 development is not permitted in special flood hazard areas in the floodplain. In the North Beach neighborhood, the R1-10B and R1-5B zones apply to beachfront property in the special flood hazard area (FEMA VE zone) of the floodplain that is vulnerable to flooding from ocean wave action and sea level rise. Therefore, these parcels are not eligible for SB 9. Instead, owners of these single dwelling unit lots are able to pursue development of an Accessory Dwelling Unit (ADU) and/or Junior ADU (JrADU) on their single dwelling unit lot, which means there is no impediment to production of housing in this location as a result of SB 9 implementation. • Clarifies that SB 9 development is not permitted in the Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and Historic Preservation Overlay Zone. Consistent with the Coastal Act and coastal policies in the City’s certified LCP relating to hazard control and protection of environmentally sensitive resources, this limitation minimizes the potential for impacts to sensitive coastal resources and the public health and safety in locations with wetlands, steep slopes, habitat for protected species, open space conservation areas, and sensitive bluffs that are vulnerable to erosion, wave action, and sea level rise. Owners with single dwelling units in these environmentally sensitive locations alternatively may pursue ADU development per State ADU law. • Provides for units in SB 9 projects to be 800 square feet in size and allows additional unit size up to 1,000 square feet for units that comply with the setbacks of the base zone and a minimum six-foot separation from other buildings on the lot. 4 May 19, 2025 Item 11
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• Clarifies that one parking space is required for each unit created and that replacement of any existing off-street parking spaces removed shall only be required if loss of the off-street parking would have a significant effect on public access to the shoreline. • Clarifies that no off-street parking requirements shall be required for development within one-half mile of a major transit stop as defined in Public Resources Code Section 21064.3. 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.

Currently, Del Mar does not have any major transit stops. • Clarifies applicability of the inclusionary housing requirement of one low-income unit per SB 9 project, which is consistent with the citywide inclusionary regulations to reserve at least one unit for a lower income household at a rate of 15% for projects with 30 or fewer units. No additional in-lieu fee for a SB 9 lot split project would apply. • Incorporates minor corrections throughout to fix various code section references.

The required CCC modifications as shown in Attachments C and D are consistent with the Del Mar Community Plan (General Plan) and required protections in the City’s certified LCP.

Following is an explanation of how the City’s SB 9 implementing regulations also address the new provisions added by SB 450:
• The purpose and intent statement in Section 30.93.010 is being amended to incorporate the SB 450 provision that proposed development may be denied where located in a Severe Wildfire Hazard Area, unless the zone allows residential development and the applicant demonstrates all applicable safety precautions will be taken for construction of the development. CCC clarified that SB 9 projects may be denied if the proposed development conflicts with the certified LCP or the public access provisions of the Coastal Act. Consistent with other development in the coastal zone, this is implemented through written findings that demonstrate consistency with the certified LCP and Coastal Development Permit (CDP) findings for approval. • While SB 450 prohibits local governments from assigning objective zoning, subdivision, or design standards to SB 9 projects that do not apply to the underlying single-unit zoning, the City’s objective design standards applicable to SB 9 projects reflect the same standard of review applicable to single dwelling unit projects. The only difference is that SB 9 projects are required to be processed and approved ministerially at the staff level instead of through the discretionary design review and subdivision map processes that are otherwise required for development in R1 zones. 5 May 19, 2025 Item 11
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• While SB 450 requires SB 9 applications to be deemed approved if the local government has not responded to the application within 60 days, the City is instead required to process administrative CDP applications for SB 9 projects consistent with its certified LCP and the Coastal Act (similar to the permit process for ADUs). SB 9 applications will be processed expeditiously by the City to reach a permit decision based on written findings of fact to show compliance with the required findings for CDP permit approval. The Coastal Act and City’s certified LCP do not provide for any deemed approved development scenario based on a 60-day timeframe from submittal. • While SB 450 prohibits local governments from denying a lot split application based on its impact on the physical environment, the City is required to process administrative Coastal Development Permit applications for SB 9 projects consistent with its certified LCP and the Coastal Act. To ensure protection of environmentally sensitive resources and other coastal resources protected by the Coastal Act and certified LCP, this is implemented through written findings that demonstrate compliance with the required findings for CDP approval.

The proposed amending ordinance reflects the harmonization of SB 9 and SB 450 State Housing law with the Coastal Act and the City’s certified LCP as determined by the Coastal Commission. SB 450 gave the Department of Housing and Community Development (HCD) oversight and enforcement authority over SB 9/SB 450 developments.

The introduction and adoption of the proposed 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 June 2, 2025.

Following City Council adoption, the City will submit to CCC for final certification in order for the SB 9 implementing regulations to take effect in Del Mar.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

This action is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 of the Public Resources Code.

HOUSING IMPACT:

The SB 9 ordinance amendments will increase the City’s housing capacity by creating sites to facilitate affordable housing in accordance with the certified 6th Cycle Housing Element.

Housing Element Program 6B (Affirmatively Furthering Fair Housing) identifies “the City is committed to implement a suite of actions 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) to improve 6 May 19, 2025 Item 11
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housing choice and affordability options for moderate income, lower income, and special needs households.” The proposed amendments are among the specified actions to be taken to create these additional new housing opportunities.

The City is required to comply with State SB 9 law and meet mandates of the Coastal Act and certified LCP. This is being achieved by harmonizing these laws as confirmed by CCC’s conditional certification action to ensure continued coastal protection. There is no associated impediment to the production of housing as a result of the SB 9 implementation provisions that avoid wetlands, habitat for protected species, open space conservation easements, and special flood hazard areas. Owners of single dwelling unit lots that are not eligible for SB 9 development can alternatively choose to build ADUs and/or JrADUs accessory to their primary dwelling unit pursuant to State ADU law and the City’s certified LCP.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the SB 9 Implementation Ordinance in compliance with the City’s 6th Cycle Housing Element is a Tier 1 (Highest) City Council priority work plan item for FY 2024-2025.

ATTACHMENTS:

Attachment A – Proposed Ordinance Accepting CCC Modifications to Ordinance No. 996 Attachment B – Previously Adopted Ordinance No. 996
Attachment C – CCC Modifications in Strikeout-Underline Format Attachment D – CCC Conditional Approval Letter
Attachment E – City of Del Mar SB 9 Eligibility Maps
7 May 19, 2025 Item 11

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE CHAPTERS 23.07, 24.66, 30.13, 30.15, AND 30.93 AS
ADOPTED BY PROSPECTIVE ORDINANCE NO. 996; ALL

RELATING TO AMENDMENTS REQUIRED BY THE CALIFORNIA

COASTAL COMMISSION AS A CONDITION OF APPROVAL FOR

THE CITY TO OBTAIN FINAL CERTIFICATION OF THE SENATE
BILL 9 IMPLEMENTATION REGULATIONS LOCAL COASTAL

PROGRAM AMENDMENT
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 California Senate Bill 9 (SB 9) Housing law, as set forth in California Government Code Sections 65852.21 and 66411.7, is intended to address the statewide housing crisis by facilitating construction of additional dwelling units on lots in certain single dwelling residential (R1) zones; and
WHEREAS, SB 9 requires local agencies to ministerially process and review applications for SB 9 development in R1 zones subject to objective design standard criteria; and
WHEREAS, SB 9 projects are referred to as: 1) SB 9 “Two Unit Residential Development” projects that allow development of two primary dwelling units on a lot (duplex development) or 2) SB 9 “Urban Lot Splits” to allow for subdivision of one lot into two lots for development of two primary dwelling units on each resulting lot and maximum of four units total per eligible project; 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 State Senate Bill 9 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 SB 9 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 8 May 19, 2025 Item 11
Ordinance No. XXXX

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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, public coastal view sheds, coastal parking for public access, and public health and safety; and
WHEREAS, lots are eligible for SB 9 development where they meet specified criteria per State law, including compliance with the Coastal Act; and WHEREAS, in the City of Del Mar, SB 9 applies to lots in the R1-40, R1-14, R1- 10, and R1-5 zones, with the exception that SB 9 development is not permitted on lots that are located in the Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and Historic Preservation Overlay Zone; and
WHEREAS, this ordinance clarifies that SB 9 development is not permitted in the R1-5B and R1-10B zones because those single dwelling unit lots are located along the ocean front in the special flood hazard area (FEMA VE zone) of the floodplain that is vulnerable to flooding from ocean wave action and sea level rise; 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 Design Review Board, Planning Commission and City Council meetings; and
WHEREAS, the LCPA Notice of Availability and Notice of Planning Commission public hearing on March 14, 2023, was published in the Del Mar Times on February 23, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, on March 14, 2023 the Planning Commission held a noticed public hearing to review the draft SB 9 Ordinance and recommended a continuance to allow additional time for public outreach and coordination with the City Attorney; and WHEREAS, the Notice of Planning Commission public hearing for May 9, 2023, was published in the Del Mar Times on April 20, 2023, and individual mailed notices were sent to all interested parties; and
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WHEREAS, on May 9, 2023, the Planning Commission recommended approval of the SB 9 Ordinance to the City Council with a condition that SB 9 projects be subject to an inclusionary housing affordability component and that the ordinance include a “conditions precedent” clause; and
WHEREAS, on May 18, 2023, the notice of City Council public hearing on June 5, 2023, was published in the Del Mar Times and mailed notices were sent to all interested parties; and
WHEREAS, on June 5, 2023, the City Council held a duly noticed public hearing and voted to introduce the SB 9 Ordinance, including revisions to the Ordinance relating to objective design standards that were requested by the City Council and read into the record for introduction in the Ordinance; and
WHEREAS, on June 19, 2023, the City Council voted to adopt the SB 9 Ordinance; and
WHEREAS, on August 10, 2023, the City submitted the adopted SB 9 Ordinance/LCPA submittal to the Coastal Commission for certification review; and WHEREAS, in 2023 the City of Del Mar and other cities challenged the constitutionality of SB 9 because it did not include an affordability housing component; and
WHEREAS, the State legislature amended the SB 9 law by Senate Bill 450 in September 2024 to modify the legislative findings and explicitly make charter cities, including the City of Del Mar, subject to its requirements which took effect January 1, 2025; and
WHEREAS, on April 9, 2025, the California Coastal Commission considered the City’s SB 9 Ordinance/LCPA application, including applicability of SB 450, and voted to conditionally certify the LCPA with modifications imposed as a condition of approval; and WHEREAS, on May 19, 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 and certified Local Coastal Program to implement the 6th Cycle Housing Element Program 6B commitment to Affirmatively Further Fair Housing through implementation of SB 9 implementing regulations in order to maintain compliance with State law and avoid decertification of the Housing Element; and
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WHEREAS, the SB 9 implementing regulations, as amended, also address the new provisions added by SB 450 as harmonized with the Coastal Act and certified LCP.

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 Prospective Section 30.93.010 Purpose and Intent for the SB 9 Implementing Regulations shall be amended per CCC modifications #1 and #2 to read as follows:

Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots

30.93.010 - Purpose and Intent.

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and Gov. Code 66411.7 (commonly referred to as: SB 9) without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Pub. Resources Code, §30000 et seq.) and the City’s Local Coastal Program; and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law. Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

The intent of this Chapter is to comply with the requirements of State housing laws, while retaining the character of the City’s single-dwelling neighborhoods. Equal to meeting these housing law obligations is ensuring that no unavoidable adverse impacts occur to the public health, safety, or general welfare of its residents or to the City’s sensitive coastal resources.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied if it conflicts with the certified LCP, or if applicable, the public access provisions of the Coastal Act, or where the proposed development is located within a Severe Wildfire Hazard Area, unless the zone allows residential development and the applicant demonstrates that all applicable safety precautions will be taken for construction of the development. 11 May 19, 2025 Item 11
Ordinance No. XXXX

Page 5 of 15 ends

SECTION TWO: That DMMC Prospective Section 30.93.020 Definitions for the SB 9 Implementing Regulations shall be amended per CCC modification #3 to read as follows:

30.93.020 - Definitions.
[Senate Bill 9 (SB 9) through Urban Lot Split. No change in text] Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.21, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
[Acting in Concert with the Owner. No change in text]
SECTION THREE: That DMMC Prospective Section 30.93.030 Applicability for the SB 9 Implementing Regulations shall be amended per CCC modifications #4 through #9 to read as follows:

30.93.030 - Applicability.

A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (B). In accordance with Section (B), proposed development shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

B. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
[1. No change in text]

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

Code of Regs., tit.14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.

Page 6 of 15 ends

species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
[a. through f. No change in text]

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the most recent FEMA Flood Insurance Rate Map (“FIRM”).
[5. through 8. No change in text]

9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury. [10. No change in text]

11. Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2 as amended. Each resulting lot shall not contain more than two dwelling units.

For Urban Lot Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit onsite, those units shall be considered dwelling units for the purposes of this Chapter.
[12. through 13. No change in text]
SECTION FOUR: That DMMC Prospective Section 30.93.040 for the SB 9 Implementing Regulations shall be amended per CCC modifications #10 and #11 to read as follows:

30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.

A. An applicant seeking to utilize the provisions of this Chapter shall propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66. 13 May 19, 2025 Item 11
Ordinance No. XXXX

Page 7 of 15 ends

B. Any application pursuant to this Chapter may be denied by the City upon the making of written findings establishing by a preponderance of the evidence that the proposed development would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety where also consistent with the LCP:
[1. through 2. No change in text]
SECTION FIVE: That DMMC Prospective Section 30.93.050 for the SB 9 Implementing Regulations shall be amended per CCC modifications #12 and #13 to read as follows:

30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.

A lot in a single dwelling unit zone that meets the criteria in Section 30.93.030 shall be permitted to develop up to two primary dwelling units per lot by submitting an application for an Administrative Coastal Development Permit. The issuance of an Administrative Coastal Development Permit will not require any public hearings. The application shall be consistent with Section 30.75.080(E) and meet the following requirements:

A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:
[1.through 5. No change in text]

6. Setbacks:
[a. No change in text]
b. New primary dwelling unit structures that comply with the setbacks of the base zone and minimum six-foot building separation shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
[c. No change in text]
[7. No change in text]
14 May 19, 2025 Item 11
Ordinance No. XXXX

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8. Parking:
[a. No change in text]
b. If a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided on-site in accordance with the requirements of DMMC Chapter 30.80 and the certified LCP only if the loss of the off-street parking supply has a significant effect on public access to the shoreline. The new parking space(s) may be covered or uncovered.

No off-street parking requirements apply to any development proposed within one-half mile of a major transit stop, as defined in Public Resources Code Section 21064.3.
[c. through d. No change in text]
B. Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2, as amended, proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

C. Prior to the issuance of a building permit for a Two Unit Residential Development, 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 the following text:
[1. through 2. No change in text]

3. At least one of the dwelling units in a project (Two Unit Residential Development or Urban Lot Split) subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

SECTION SIX: That DMMC Prospective Section 30.93.060 for the SB 9 Implementing Regulations shall be amended per CCC modifications #17 and #18 to read as follows:

30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.

A. through F. No change in text]
15 May 19, 2025 Item 11
Ordinance No. XXXX

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G. Prior to the recordation of the parcel map for an Urban Lot Split, 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 the following text:
[1. through 2. No change in text]

5. At least one of the dwelling units (including all units on the lot or subdivided lots subject to this Chapter) shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

SECTION SEVEN: That DMMC Prospective Section 24.66.020 shall be amended per CCC modification #19 to read as follows:

24.66.020 - Preparation of Urban Lot Split Map.

A. through D. No change in text]
E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:
[1. Through 12. No change in text]

13. Location of all major vegetation showing size and type, including buffers for any adjacent environmentally sensitive habitat.
[14. Through 22. No change in text]
16 May 19, 2025 Item 11
Ordinance No. XXXX

Page 10 of 15 ends

[F. No change in text]
SECTION EIGHT: That DMMC Prospective Section 24.66.050 shall be amended per CCC modifications #20 through #27 to read as follows:

24.66.050 - Requirements for Urban Lot Split Map.
[A. through D. No change in text]
E. Urban Lot Splits shall comply with the inclusionary housing requirement stated in Section 30.93.060 and Chapter 24.21 (Inclusionary Housing) for dedication of one unit for lower income households. An additional in lieu fee payment shall not be required for the lot split.
[F. through H. No change in text]
I. Prior to the recordation of the parcel map for an Urban Lot Split, 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 the following text:
[1. through 2. No change in text]

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and 66411.7.
[4. No change in text]
J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (I). In accordance with Section (I), proposed urban lot split subdivisions shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

K. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
17 May 19, 2025 Item 11
Ordinance No. XXXX

Page 11 of 15 ends

[1. No change in text]

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant shall choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2, as amended, but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit shall be no more than 800 square feet in floor area. [12. No change in text]
18 May 19, 2025 Item 11
Ordinance No. XXXX

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13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, or impediments to public recreation.

SECTION NINE: That DMMC Prospective Section 23.07.020 Objective Design Standards for Residential Development shall be amended per CCC modifications #28 and #29 to read as follows:

23.07.020 – Applicability and Process for Approval
[A. No change in text]
B. Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State Housing law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.

C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as “Two Unit Residential Development.” As part of the ministerial review, any Two Unit Residential Development shall comply with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter

30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC) or the certified LCP, the stricter standard shall apply. [D. No change in text]
SECTION TEN: That DMMC Prospective Section 23.07.030 shall be amended per CCC modification #30 to read as follows:

23.07.030 – Objective Design Standards for Two Unit Residential Development A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-squarefoot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will 19 May 19, 2025 Item 11
Ordinance No. XXXX

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also evaluate the application compliance with the certified Local Coastal Program and determine if other feasible siting locations reduce impacts to environmentally sensitive coastal areas or impacts to public scenic views. Additionally, the project may be denied if it will endanger public health or safety or create an adverse impacts to the physical environment that cannot be avoided or mitigated. On denial, the City will produce written findings to the applicant based on the preponderance of evidence that the project will have unavoidable or unmitigable impacts to the public’s health and safety, coastal resources, or the physical environment.
[B. and C. and Table A No change in text]
SECTION ELEVEN: That DMMC Prospective Section 30.13.070 Development Standards for the R1-10B Zone shall be amended per CCC modification #31 to read as follows:

30.13.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]
[C. No change in text]
SECTION TWELVE: That DMMC Prospective Section 30.15.030 Allowable Uses for the R1-5B Zone shall be amended per CCC modification #32 to read as follows:

30.15.030 – Allowable Uses.

The allowable uses in the R1-5B Zone are:
[A. through C. No change in text]
SECTION THIRTEEN: That DMMC Prospective Section 30.15.070 Development Standards for the R1-5B Zone shall be amended per CCC modification #33 to read as follows:

30.15.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]
20 May 19, 2025 Item 11
Ordinance No. XXXX

Page 14 of 15 ends

[C. No change in text]
SECTION FOURTEEN:

This action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 of the Public Resources Code.

SECTION FIFTEEN:

The Coastal Commission conditionally certified the Ordinance/LCPA on April 9, 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 SIXTEEN:

This Ordinance was introduced by the City Council on May 19, 2025.

SECTION SEVENTEEN:

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 EIGHTEEN:

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 NINETEEN:

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.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held on the 2nd day of June, 2025. ________________________________
Terry Gaasterland, Mayor
City of Del Mar
21 May 19, 2025 Item 11
Ordinance No. XXXX

Page 15 of 15 ends

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 2nd day of June, 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
22 May 19, 2025 Item 11
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ATTACHMENT C
California Coastal Commission’s Required Modifications to the City of Del Mar’s Senate Bill 9 Implementing Regulations LCPA In Strikeout-Underline Format
SECTION ONE: That DMMC Prospective Section 30.93.010 Purpose and Intent for the SB 9 Implementing Regulations shall be amended per CCC modifications #1 and #2 to read as follows:

Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots

30.93.010 - Purpose and Intent.

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and CA. Gov. Code Section 2. 66411.7.(commonly referred to as: SB 9) without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Pub. Resources Code, §30000 et seq.) and the City’s Local Coastal Program; and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law.

Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied if it conflicts with the certified LCP, or if applicable, the public access provisions of the Coastal Act, because it may conflict with the California Coastal Act of 1976 or where the proposed development is located within a Severe Wildfire Hazard Area or Flood Zone, unless the zone allows residential development and the applicant demonstrates that all applicable safety precautions will be taken for construction of the development. Finally, should this Chapter conflict with State law then State law will have precedence over the regulations contained in this Chapter.

SECTION TWO: That DMMC Prospective Section 30.93.020 Definitions for the SB 9 Implementing Regulations shall be amended per CCC modification #3 to read as follows:

30.93.020 - Definitions.
[Senate Bill 9 (SB 9) through Urban Lot Split. No change in text] 59 May 19, 2025 Item 11
Ordinance No. XXXX

Page 2 of 11 ends

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.21, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
[Acting in Concert with the Owner. No change in text]
SECTION THREE: That DMMC Prospective Section 30.93.030 Applicability for the SB 9 Implementing Regulations shall be amended per CCC modifications #4 through #9 to read as follows:

30.93.030 - Applicability.

A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (B). In accordance with Section (B), proposed development shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game 60 May 19, 2025 Item 11
Ordinance No. XXXX

Page 3 of 11 ends

Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
[a. through f. No change in text]

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 most recent FEMA Flood Insurance Rate Map or as revised (“FIRM”).
[5. through 8. No change in text]

30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.

A. An applicant seeking to utilize the provisions of this Chapter may shall propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.

Page 4 of 11 ends

health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.

A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:
[1.through 5. No change in text]

6. Setbacks:
[a. No change in text]
b. New primary dwelling unit structures that comply with the setbacks of the base zone and the minimum six-foot building separation per DMMC Section 30.86.200 (I). shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
[c. No change in text]
[7. No change in text]

8. Parking:
[a. No change in text]
62 May 19, 2025 Item 11
Ordinance No. XXXX

Page 5 of 11 ends

b. In order to ensure continued and to ensure that all coastal access remains unimpeded to all members of the public, if If a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided onsite in accordance with the requirements of DMMC Chapter 30.80 and the certified LCP California Coastal Act only if the loss of the offstreet parking supply has a significant effect on public access to the shoreline. The new parking space(s) may be covered or uncovered.

3. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at At least one of the primary dwelling units in a project (Two Unit Residential Development or Urban Lot Split) subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code.

In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing)and shall remain in place for not less than 55 years.

SECTION SIX: That DMMC Prospective Section 30.93.060 for the SB 9 Implementing Regulations shall be amended per CCC modifications #17 and #18 to read as follows:

30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.
63 May 19, 2025 Item 11
Ordinance No. XXXX

Page 6 of 11 ends

A. through F. No change in text]
G. Prior to the recordation of the parcel map for an Urban Lot Split, 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 the following text:
[1. through 2. No change in text]

5. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at At least one of the approved dwelling units on each (including all units on the lot or subdivided lots shall be subject to this Chapter) and shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing) shall remain in place for not less than 55 years.

SECTION SEVEN: That DMMC Prospective Section 24.66.020 shall be amended per CCC modification #19 to read as follows:

24.66.020 - Preparation of Urban Lot Split Map.

An Urban Lot Split application shall be prepared by or under the direction of a registered civil engineer or licensed surveyor, and shall show the location of streets, easements, and property lines bounding the subject property and shall conform to the following provisions:
[A. through D. No change in text]
E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:
[1. Through 12. No change in text]
64 May 19, 2025 Item 11
Ordinance No. XXXX

Page 7 of 11 ends

13. Location of all major vegetation showing size and type, including buffers for any adjacent environmentally sensitive habitat.
[14. through 22. No change in text]
[F. No change in text]
SECTION EIGHT: That DMMC Prospective Section 24.66.050 shall be amended per CCC modifications #20 through #27 to read as follows:

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21, and 66411.7, and 65852.2.
[4. No change in text]
J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (I). In accordance with Section (I), proposed urban lot split subdivisions shall be prohibited in zones R1-10B and R1- 5B, which are located entirely within the Floodplain Overlay Zone. 65 May 19, 2025 Item 11
Ordinance No. XXXX

Page 8 of 11 ends

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant must shall choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2, as amended, but shall not use both. In either case, each 66 May 19, 2025 Item 11
Ordinance No. XXXX

Page 9 of 11 ends

resulting lot shall not contain more than two units and each proposed primary unit must shall be no more than 800 square feet in floor area. [12. No change in text]

13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, andor impediments to public recreation.

SECTION NINE: That DMMC Prospective Section 23.07.020 Objective Design Standards for Residential Development shall be amended per CCC modifications #28 and #29 to read as follows:

30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC) or the certified LCP, the stricter objective standard shall apply. [D. No change in text]
SECTION TEN: That DMMC Prospective Section 23.07.030 shall be amended per CCC modification #30 to read as follows:

Page 10 of 11 ends

foot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the California Coastal Act of 1976 certified Local Coastal Program and determine if other feasible siting locations reduce impacts to environmentally sensitive coastal areas or impacts to public scenic views. Additionally, the project may be denied if it will endanger public health or safety or create an unmitigable adverse impacts to the physical environment that cannot be avoided or mitigated. At which time On denial, the City will produce written findings to the applicant based on the preponderance of evidence that the project with will have unavoidable or unmitigable impacts to the public’s health and safety, coastal resources, or the physical environment. [B. and C. and Table A No change in text]
SECTION ELEVEN: That DMMC Prospective Section 30.13.070 Development Standards for the R1-10B Zone shall be amended per CCC modification #31 to read as follows:

30.13.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]

5. New lots created as part of an Urban Lot Split as defined in Chapter 30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
[C. No change in text]
SECTION TWELVE: That DMMC Prospective Section 30.15.030 Allowable Uses for the R1-5B Zone shall be amended per CCC modification #32 to read as follows:

30.15.030 – Allowable Uses.

The allowable uses in the R1-5B Zone are:
[A. through C. No change in text]
D. Two Unit Residential Development pursuant to Chapter 30.93. 68 May 19, 2025 Item 11
Ordinance No. XXXX

Page 11 of 11 ends

SECTION THIRTEEN: That DMMC Prospective Section 30.15.070 Development Standards for the R1-5B Zone shall be amended per CCC modification #33 to read as follows:

30.15.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]

5. New lots created as part of an Urban Lot Split as defined in Chapter 30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
[C. No change in text]
69 May 19, 2025 Item 11
STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION

SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
April 14, 2025
Ms. Amanda Lee
Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
Re: Certification of City of Del Mar LCP Amendment No. LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
Dear Ms. Lee,
On April 9, 2025, the California Coastal Commission approved the above referenced amendment to the City of Del Mar Local Coastal Program (LCP). The amendment involves changes to the Implementation Plan (IP) to establish procedures and objective development standards for projects subject to Senate Bill 9, allowing the development of two-unit residential development or an urban lot split on single dwelling zoned lots. Specifically, the amendment would add several new chapters, including Chapter 30.93 (Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots) Chapter 24.66 (Urban Lot Split), and Chapter 23.07 (Objective Design Standards for Residential Development). The amendment would also amend several existing chapters, including Chapter 30.75 (Coastal Development Permits), Chapter 30.10 (Very Low Density Residential (R1-40)), Chapter 30.11 (Modified Low Density Residential (R1-14)), Chapter 30.12 (Low Density Residential (R1-10)), Chapter 30.13 (Low Density Residential-Beach (R1-10B)), Chapter 30.14 (Medium Density Single-Family Residential (R1-5)), and Chapter 30.15 (Medium Density Single-Family Residential – Beach (R1-5B)).

After the City’s submittal of the IP amendment, Commission staff identified several inconsistencies between the City’s requested amendment and the existing standards of the certified LUP; accordingly, several suggested modifications were made by staff. The suggested modifications include revisions to clarify the City’s intent, correct references, and clarify Chapter 3 and LCP requirements. Other suggested modifications add the Coastal Commission’s definition of wetlands to ensure that all relevant resources are identified on potentially eligible lots, and require the identification of any buffers for adjacent environmentally sensitive habitat on tentative maps proposed for urban lot splits. Several other suggested modifications have been requested by the City in order to incorporate recent changes made to the City’s inclusionary housing requirements, which are not part of the certified LCP, as well as to make clear that the City has determined that two of the City’s single dwelling unit zones are not in fact eligible for SB 9 development because they are located entirely within the Floodplain Overlay Zone. Finally, a suggested modification clarifies that replacement parking is required in the event a two-unit development replacing the Attachment D
70 May 19, 2025 Item 11
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Page 2 ends

existing required parking only if the City determines that loss of the off-street parking supply has a significant effect on public access to the shoreline. The same suggested modification also makes clear that no off-street parking requirements apply to any development proposed within one-half mile of a major transit stop, in compliance with AB 2097.

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

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

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

Sincerely,
Stephanie Leach
Coastal Planner
71 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)

SUGGESTED MODIFICATIONS
The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. Revise the first sentence of Section 30.93.010 as follows:

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and CA Gov. Code Section 2. 66411.7. (commonly referred to as: SB 9) without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.) and the City’s Local Coastal Program; and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law.

2. Revise the last paragraph of Section 30.93.010 as follows:

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied if it conflicts with the certified LCP, or if applicable, the public access provisions of the Coastal Act, because it may conflict with the California Coastal Act of 1976 or where the proposed development is located within a Severe Wildfire Hazard Area or Flood Zone, unless the zone allows residential development and the applicant demonstrates that all applicable safety precautions will be taken for construction of the development. Finally, should this Chapter conflict with State law then State law will have precedence over the regulations contained in this Chapter.

3. Revise the definition of “Unit” in Section 30.93.020 as follows:

4. Revise Section 30.93.030(A) as follows:

This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (B). In accordance with Section (B), proposed development shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.
72 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
Section 30.90.030(B) governs the subsections modified by Suggested Modifications #5, 6, 7, 8, 9:

To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:

5. Revise Section 30.93.030(B)(2) as follows:

Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal. Code of Regs., tit. 14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other deed restrictions.

6. Revise Section 30.93.030(B)(3) as follows:

Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
[No changes to subsection (a) through (f)]

7. Revise Section 30.93.030(B)(4) as follows:

Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 most recent FEMA Flood Insurance Rate Map or as revised (“FIRM”).

8. Revise Section 30.93.030(B)(9) as follows:

Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units 73 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.

9. Revise Section 30.93.030(B)(11) as follows:

Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2 as amended. Each resulting lot shall not contain more than two dwelling units. For Urban Lot Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit onsite, those units shall be considered dwelling units for the purposes of this Chapter.

10.Revise Section 30.93.040(A) as follows:

An applicant seeking to utilize the provisions of this Chapter shall may propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.

11.Revise the second paragraph of Section 30.93.040(B) as follows:

1. Inconsistency with the zoning ordinance or general plan land use designation.

2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

12.Revise the second sentence of Section 30.93.050 as follows:

The issuance of an Administrative Coastal Development Permit will not require any public hearings.

13.Revise Section 30.93.050(A)(6)(b) as follows:

New primary dwelling unit structures that comply with the setbacks of the base zone and the minimum six-foot building separation per DMMC Section 30.86.200 (I). shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.

14.Revise Section 30.93.050(A)(8)(b) as follows:
74 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
In order to ensure continued and to ensure that all coastal access remains unimpeded to all members of the public, i If a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided on-site in accordance with the requirements of DMMC Chapter

30.80 and the certified LCP California Coastal Act only if the loss of the off-street parking supply has a significant effect on public access to the shoreline. The new parking space(s) may be covered or uncovered. No off-street parking requirements apply to any development proposed within one-half mile of a major transit stop, as defined in Public Resources Code Section 21064.3.

15.Revise Section 30.93.050(B) as follows:

Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2, as amended, proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

16.Revise Section 30.93.050(C)(3) as follows:

Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at At least one of the primary dwelling units in a project (Two Unit Residential Development or Urban Lot Split) subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing)and shall remain in place for not less than 55 years.

17.Revise Section 30.93.060(G)(3) as follows:

A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and, 66411.7, and 65852.2.

18.Revise Section 30.93.060(G)(5) as follows:

Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at At least one of the approved dwelling units on each (including all units on the lot or subdivided lots shall be subject to this Chapter) and shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the 75 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing)shall remain in place for not less than 55 years.

19.Revise Section 24.66.020(E)(13) as follows:

Location of all major vegetation showing size and type, including buffers for any adjacent environmentally sensitive habitat.

20.Revise Section 24.66.050(E) as follows:

Urban Lot Splits shall comply with the inclusionary housing requirement stated in Section 30.93.060 and Chapter 24.21 – (Inclusionary Housing) for dedication of one unit for lower income households. An additional in lieu fee payment shall not be required for the lot split. Dedication: Affordable Housing Mitigation.

21.Revise Section 24. 66.050(I)(3) as follows:

22.Revise Section 24.66.050(J) as follows:

This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5,R1- 5B), except as prohibited per Section (I). In accordance with Section (I), proposed urban lot split subdivisions shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

Section 24.66.050(K) governs the subsections modified by Suggested Modifications #23, 24, 25, 26, 27:

23.Revise Section 24.66.050(K)(2) as follows:

Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal. Code of Regs., tit. 76 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other deed restrictions.

24.Revise Section 24.66.050(K)(4) as follows:

Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 most recent FEMA Flood Insurance Rate Map or as revised (“FIRM”).

25.Revise Section 24.66.050(K)(9) as follows:

Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.

26.Revise Section 24.66.050(K)(11) as follows:

Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant shall must choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2, as amended, but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit shall must be no more than 800 square feet in floor area.

27.Revise Section 24.66.050(K)(13) as follows:

Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, orand impediments to public recreation.

28.Revise Section 23.07.020(B) as follows:

Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State Housing 77 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)
law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.

29.Revise the last sentence of Section 23.07.020(C) as follows:

Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC) or the certified LCP, the stricter objective standard shall apply.

30.Revise Section 23.07.030(A) as follows:

If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800- square-foot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the certified Local Coastal Program California Coastal Act of 1976 and determine if other feasible siting locations reduce impacts to environmentally sensitive coastal areas or impacts to public scenic views. Additionally, the project may be denied if it will endanger public health or safety or create an unmitigable adverse impacts to the physical environment that cannot be avoided or mitigated. On denial,At which time the City will produce written findings to the applicant based on the preponderance of evidence that the project with have unavoidable or unmitigable impacts to the public’s health and safety, coastal resources, or the physical environment.

31. Delete the proposed addition of language to Section 30.13.070 (Development Standards) for the R1-10B Zone:

5. New lots created as part of an Urban Lot Split as defined in Chapter 30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.

32.Delete the proposed addition of language to Section 30.15.030 (Allowable Uses) for the R1-5B Zone:

D. Two Unit Residential Development pursuant to Chapter 30.93.

33.Delete the proposed addition of language to Section 30.15.070 (Development Standards) for the R1-5B Zone:
78 May 19, 2025 Item 11
LCP-6-DMR-23-0032-1 (SB 9 Housing Provisions)

5. New lots created as part of an Urban Lot Split as defined in Chapter 30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter

24.66. 79 May 19, 2025 Item 11
9TH ST
CAMIN
O
DEL M
AR
CAMINO

DEL MAR
15TH ST

COAST BLV
D
10TH ST

CARMEL VALLEY RD

JIMMY DURANT E B LV
D

VIA DE LA VALLE

SAN DIEGUITO DR
INTERSTATE 5

STRATFORD
CT
IN
TERSTATE 5
San Dieguito River
San Dieguito
River/Lagoon
Powerhouse Park
Sea Grove Park
Crest Canyon Park
Torrey Pines State Reserve
(Extension Area)
Shores Park
Sea Cliff Park
North Beach
Main Beach
17th St. Beach and
Safety Center
South Beach

CITY OF SAN DIEGO
State Fairground
Eligible Zones
R1-10
R1-5
0 1,000 2,000
Feet
Properties Eligible for SB 9

P A C I F I C O C E A N
Attachment E
80 May 19, 2025 Item 11
9TH ST
CAMIN
O
DEL M
AR
CAMINO

DEL MAR
15TH ST

COAST BLV
D
10TH ST

CARMEL VALLEY RD

JIMMY DURAN T E B LV
D

VIA DE LA VALLE

SAN DIEGUITO DR
INTERSTATE 5

CITY OF SAN DIEGO
State Fairground
Eligible Zones
R1-10
R1-5
Ineligible Parcels
R1-10
R1-10B
R1-14
R1-40
R1-5B
0 1,000 2,000
Feet
Single Dwelling Unit Zones - Eligibility for SB 9

P A C I F I C O C E A N
81 May 19, 2025 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jean Crutchfield, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: May 19, 2025
SUBJECT: Request to Adopt a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program; and to Approve Revision Map RM22-001 and Coastal Development Permit CDP24-012 related to amending recorded Parcel Map (TPM-77-03) for purposes of reducing the area of an existing Scenic Easement on the Property located at 1201 Cuchara Drive, Del Mar.

Applicant/Owner: Mark and Laura Weber Trust dated April 4, 2009 Assessor Parcel Number (APN): 300-143-38-00
Property Location: 1201 Cuchara Drive, Del Mar
REQUESTED ACTION/ RECOMMENDATION:

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

EXECUTIVE SUMMARY:

The Applicant is requesting approval of an Amending Map and Coastal Development Permit to modify the size and configuration of an existing scenic easement located on the subject Property, which was a condition of approval from the Subdivision Map in 1979 that created the Property. The subject Property is a 16,756-square-foot parcel located within the R1-10 (Single-Family Residential) zone and is subject to the Open Space Overlay Zone (OS OZ), which applies to the entirety of the lot. The Community Plan Open Space Element designates approximately 4,356 square feet (26%) of the site as Open Space (also known as Area “L”), with the remainder designated as Low Density Residential.

Currently, a scenic easement encumbers approximately 12,564 square feet (75%) of the lot, resulting in a buildable area of 4,192 square feet (25%), which is only slightly larger than the footprint of the existing residence and abutting small rear yard. The proposed modification to the size and configuration of the scenic easement will increase the non-contiguous 1 May 19, 2025 Item 12
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
May 19, 2025

Page 2 of 18 ends

buildable area to 7,045 square feet (42%) and will reduce the scenic easement area to 9,711 square feet (58%).

The Applicant is requesting to reduce the easement area by the amount necessary (2,853 sf) to allow the opportunity to construct a detached Accessory Dwelling Unit (ADU) and to provide the ability to perform maintenance of the existing primary residential dwelling unit.

The proposed modification will not alter the extent or location of the area designated as Open Space in the Community Plan (Area “L,” 4,356 sf) and will not affect the boundaries of the Open Space Overlay Zone, which apply to the entire lot. Therefore, no Community Plan Amendment or Zone Change is required as part of this project.

On September 10, 2024 and January 14, 2025, the Planning Commission reviewed the proposed project. The Planning Commission recommended approval of the project, subject to the follow three conditions, which were understood by the Commission to require subsequent review by the City Attorney for legal applicability. The Commission determined that these conditions were appropriate and necessary to address potential future impacts associated with development on the site and included: 1) Limiting development in the new buildable area to an ADU; 2) restricting future subdivision of the Property; and 3) prohibiting the transfer of the Amending Map rights to a future owner if the ADU is not developed prior to transfer of the Property.

The Applicant has voluntarily agreed to the conditions requested/recommended by the Planning Commission to the City Council, which were considered necessary for the Planning Commission to recommend approval of the project to the City Council (see Attachment B). This voluntary acceptance was a key consideration in the Planning Commission’s determination that the project, with the implementation of these conditions, meets the applicable provisions of the Community Plan, Local Coastal Program, and Subdivision Map Act/Del Mar Municipal Code, and the findings required to approve the project.

Following the Planning Commission hearings, the City Attorney’s Office researched the conditions recommended by the Planning Commission and determined that the recommended conditions, if imposed, may not be legally enforceable in a court of law.

If the Amending Map is approved, any future development proposal(s) would be required to process all applicable Planning and Community Development applications required for development review on the Property in accordance with the City’s Community Plan, Local Coastal Program, and Municipal Code (including Design Review).

As noted herein, if approved, the project would NOT:
➢ Change the Community Plan – Open Space Element designation (Area L size or development criteria)
➢ Change the Open Space Overlay Zone designation
➢ Increase the Property’s Lot Size or Lot Dimensions
➢ Increase the Maximum FAR for the Property
2 May 19, 2025 Item 12
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
May 19, 2025

Page 3 of 18 ends

The State Subdivision Map Act and City’s Subdivision Ordinance regulate the process for subdivision of property, property boundary line adjustments, and ownership interests for real property (i.e. condo). Both the State and City regulations provide a process to amend a recorded map; the review process and required findings to approve an amended map would be similar for the original subdivision and include review by the Planning Commission for a recommendation to the City Council.

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

Additional details are included at the end of this report on the environmental review for the project.

BACKGROUND:

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

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

Eight Eucalyptus trees and various vegetation/medium sized shrubs are located to the west (in front of) the residence. Informal dirt pathways/steps are located on the site south and southwest of the residence. The Property is located within an urbanized area surrounded by existing single-unit residential development.

Community Plan Designation:

The Community Plan designates the Property for Low Density Residential uses at a density of 1-4 units per net acre. The Community Plan states that "this land use category is intended to allow a continuation of the predominately single-family residential character that has been historically developed within the Del Mar Hills area and at the north end of the beach front." The Community Plan also designates the Property in the Open Space Element. The purpose and intent of the Open Space Element is to identify properties throughout the City with 3 May 19, 2025 Item 12
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particular open space sensitivities and to establish development criteria and procedures to preserve those open space sensitivities.

Approximately 0.1 acres (4,356 square-feet) at the southwestern portion of the Property is identified as Area “L” in the Del Mar Community Plan’s Open Space Element (CP) (see Attachment D). The Community Plan Open Space Element was adopted in 1976 and the Amending Map is consistent with the Community Plan Open Space Element, Area L.

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

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

Open Space Overlay Zone
Because a portion of the Property includes the Community Plan Open Space designation, the entirety of the Property includes the Open Space Overlay Zone (OS-OZ) designation, which is “designed to protect open space areas of community-wide importance, in order to satisfy the recreational needs of residents, define Del Mar as a distinct and separate community, ensure an atmosphere of openness, and preserve unique natural features in specific neighborhoods.” Development is allowed for properties located within the Open Space Overly Zone if it complies with the required development criteria of the Community Plan Open Space Element and required review processes. The development of the current residence in 1979 complied with this requirement, as well as any future development on the Property.

Wildland Urban Interface
The Property is located within the Wildland Urban Interface, which is a defined geographical area where houses meet or are within proximity of undeveloped wildland vegetation.

Construction methods and requirements to mitigate wildfire exposure shall be applied within these geographical areas where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses. The Property is designated in the “Very High Fire Severity Zone”.

Background of Recorded Parcel Map No. 9174 (TPM-77-03)
The Property was created in 1979 through the approval of Tentative Parcel Map TPM-77- 03, recorded by the County of San Diego as Parcel Map No. 9174. The project involved merging two contiguous parcels (1205 Cuchara Drive and 694 Rimini Road) and then re4 May 19, 2025 Item 12 City Council Agenda Report
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subdividing the land into three new parcels. The development of the Property (1201 Cuchara Drive) was created from the vacant southerly portions of 1205 Cuchara Drive and 684 Rimini Road. The staff report for TPM-77-03 contains a summary of the project and findings/mitigation measures of an Environmental Impact Report (EIR 76-1) produced for the project (see Attachment E). The City Council Resolution of Approval in 1979 and the recorded Parcel Map No. 9174 are included as Attachment F. The Final Environmental Impact Report (FEIR) for TPM-77-03 is included as Attachment G.

The Property currently contains a scenic easement, as required by the Community Plan and which is depicted on Parcel Map No. 9174. As noted earlier, the easement is approximately 12,560 square feet in area and comprises 75% of the total lot area. The remainder of the lot is 4,192 square feet (25% of the total lot area) and comprises the developable area on the northeast portion of the lot. The scenic easement was a condition of approval of TPM-77-03 and was intended to protect the natural features on the site, specifically, the Pinnacles and vegetation, and to protect the (then) narrow scenic views (in the 1970’s) of the Pinnacles and canyon. The canyon is located mostly on adjacent properties to the east. According to Parcel Map No. 9174, no development is currently permitted within the scenic easement.

However, vegetation changes are permitted with approval from the Design Review Board and driveways/walkways are permitted with approval from the Planning Commission.

Map Amendment/ Revision Process
In accordance with Section 66469 of the California Subdivision Map Act, the procedure to modify or revise the contents of a recorded subdivision map (Parcel Map) is to process an “Amending” Parcel Map for approval. Therefore, the Applicant is requesting approval of an Amending Map, specifically to revise the scenic easement size/configuration depicted on the original Parcel Map. Del Mar’s Subdivision regulations (specifically, Del Mar Municipal Code [DMMC] §24.54.160) calls for Corrections and Amendments to Final Maps to be made and processed pursuant to the referenced section of the Subdivision Map Act. Therefore, an Amending Map requires that the Planning Commission provide a recommendation to the City Council at a noticed public hearing. Based on the City’s administrative record for the Property, similar review processes were applied at the time of the 1979 approval of TPM-77-03.

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

PLANNING COMMISSION (PC) RECOMMENDATION TO THE CITY COUNCIL:

September 10, 2024 - PC Meeting
On September 10, 2024, the Planning Commission conducted a public hearing on the application request, at which time the Applicant explained that the purpose of the Map Amendment is to increase the lot’s development area to allow for development of an Accessory Dwelling Unit (ADU). The Applicant clarified that the current scenic easement encompasses the majority of the Property (75% of the lot), except for the existing residence 5 May 19, 2025 Item 12
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and the small rear yard to the east, and does not allow the opportunity to construct additional structures and/or site improvements on the Property, nor would it allow routine maintenance on the south deck and entry stairs, which are both located within the scenic easement. The Applicant proposed to reduce the scenic easement from 12,564 square-feet (75%) to 7,412 square-feet (56%), and thereby, increase the lot’s developable area from 4,192 square-feet (25%) to 9,344 square-feet (44%).

The Commissioners expressed that while they understood the Applicant’s desire to construct an ADU, they had concerns about reducing the size of the scenic easement on the Property in order to increase the buildable area significantly more than the minimal area necessary to reasonably accommodate an ADU on the Property. The Commission also sought to understand whether there are feasible project alternatives to reduce the proposed buildable area in a way that would both address the Commission’s concerns and still allow for the minimum area necessary for to develop an ADU.

The Commissioner’s issues with the request were primarily due to concerns that revision of the scenic easement could potentially result in redevelopment of the site with a larger residence and associated site improvements in addition to, or instead of just the construction of an ADU. The Commission also expressed concerns regarding the project’s compliance with the development criteria of the Community Plan’s Open Space Element.

Staff clarified for the Commission that the project would not affect the Property’s Open Space Overlay Zone (OS-OZ) designation, which applies to the entire Property, nor would it affect the Community Plan’s Open Space designation for Area L, which only applies to a specifically depicted 0.1-acre portion of the Property. The proposed easement configuration would retain a larger footprint of Area L, as depicted in the Community Plan. Staff further explained that development is permitted for properties that are designated within an Open Space Overlay Zone, if it is demonstrated that the proposed development complies the development criteria identified in the respective Community Plan designation; in this case, Area L.

Staff also stated that the project, as proposed at the September 10, 2024 PC meeting, would have preserved 7,412 square feet of undeveloped area and would preserve the scenic view and Pinnacles, which would be far greater than the approximately 4,356 square feet intended in the Community Plan for Area L, and therefore, would be consistent with the Community Plan Open Space objectives of Area L. Since the proposed project would not modify Area L, and would retain the size and configuration of Area L in its entirely under a (revised) scenic easement, the project would not require a Community Plan amendment.

Staff further clarified that the proposed project, and all future projects, would be required to comply with the requirements of the Open Space Overlay Zone, the Community Plan Open Space Element and restrictions of the scenic easement. Finally, staff clarified that the project would not involve boundary adjustment of property lines, nor would it involve the creation of a new parcel.
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After much discussion with the Applicant and staff, the Commission deliberated on the project and continued the application to a future meeting, with the Applicant’s consent, to allow the Applicant to address the Commission’s comments and return with a revised proposal.

January 14, 2025 - PC Meeting
On January 14, 2025, the Planning Commission conducted a public hearing on a revised project proposal that would reduce the scenic easement only to the minimal amount necessary to reasonably accommodate an ADU on the site. Additionally, the scenic view easement configuration was revised to be non-contiguous (creating an “island”) to address concerns about potential redevelopment of the existing single residential unit with a larger home on the Property. The Commission deliberated, asked questions of the Assistant City Attorney and staff, and requested that the following special conditions be included in their recommendation of the project to the City Council:

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

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

The Assistant City Attorney informed the Commissioners that the City Attorney’s Office would need to conduct research into the legality and practicality of the PC’s proposed conditions prior to the City Council meeting. To avoid further delay in processing the application while the City Attorney’s Office conducted the necessary research, the PC recommended approval of the proposed project subject to the recommended conditions pending review by the City Attorney’s Office. The City Attorney’s Office has since determined that the proposed conditions may be unenforceable if challenged.

However, as previously mentioned, the Applicant verbally expressed at the January 14, 2025, PC meeting their willingness to accept and implement the three recommended conditions of the Planning Commission. To reiterate their willingness to accept the Planning Commission’s recommended conditions of approval, the Applicant submitted a letter to the City Council confirming their intent to voluntarily comply with the recommended conditions (see Attachment B).
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DISCUSSION/ANALYSIS:

Proposed Revision Map
The Applicant has submitted project plans that were reviewed by the Planning Commission at its January 14, 2025, meeting for the City Council’s review (see Attachment H). As noted earlier, the request would reduce the area of the recorded scenic easement by only the amount needed to reasonably accommodate the construction of an ADU on the Property.

The Applicant depicted the proposed ADU on the Scenic Easement Exhibit (see Attachment H) as being approximately 939 square feet with yard areas around the ADU for minimal grading and site drainage that would be required to comply with City development standards.

The map revision also includes a minimal additional new buildable area west of the existing residence to incorporate the front entry and wood deck located on the south side of the residence.

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

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

The table below illustrates the existing condition and proposed project:

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

Buildable Area 4,192 sq.ft. (25% of lot) 7,045 sq.ft. (42% of lot) Scenic Easement 12,564 sq.ft (75% of lot) 9,711 sq.ft. (58% of lot) Community Plan “L” 4,356 sq.ft. (26% of lot) 4,356 sq.ft. (26% of lot) A modification to the developable lot area would not affect the Property’s maximum 25% Floor Area Ratio (Maximum FAR of 4,189 square feet) for the R1-10 Zone, which is computed from the gross lot area of 16,756 square feet in accordance with DMMC Chapter

30.72 (Bulk Floor Area Limitations). The total lot size would remain unaffected at approximately 16,756 square feet. Additionally, the proposed project’s scenic easement (undeveloped) area of 9,711 square feet would still far exceed the minimum square footage required for Community Plan Open Space Element Area L of 4,356 square feet. 8 May 19, 2025 Item 12
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Correspondence
The Applicant submitted written correspondence to the Council regarding the project. The Planning Department also received six letters of support for the project by adjacent property owners and owners who reside within proximity to the Property. The letters generally express similar sentiments of support, which include statements that the project would: be compatible with the neighborhood character; not result in environmental impacts; and would reduce the fire risk for the lot and surrounding properties if the Eucalyptus trees located in the Wildland Urban Interface were removed in the future. One letter of concern was submitted by the adjacent property owner to the south and referenced removal of trees from the Property, which can be addressed with any future Tree Removal Permit application.

Copies of the correspondence are included in Attachment I.

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

If an Accessory Dwelling Unit (ADU) is proposed to be constructed in the modified developable area, then pursuant to State law, DMMC Chapter 30.91, and the City’s Local Coastal Program, the project would be exempt from discretionary review and processed ministerially without public review. The design and placement of any future ADU would be required to comply with DMMC Chapter 30.91. However, a (non-appealable) administrative Coastal Development Permit would be required and would be processed without a public hearing. Noticing would be provided in accordance with the DMMC.

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

The Applicant is proposing modification to the current scenic easement area to allow for potential development to occur in the area located south and west of the existing residence.

The southerly extent of the Property is described in the Community Plan’s Open Space Element Area L as having a narrow scenic canyon and the Pinnacles. The area west of the existing residence contains a smaller portion (now 8 remaining of the 24 Eucalyptus trees in 1979) of what is described in the Community Plan as a stand of trees. 9 May 19, 2025 Item 12
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The proposed modification to create a larger developable area may affect at least three of the existing eight Eucalyptus trees, which are all located directly west of the existing residence. These trees are identified on the Applicant’s Proposed Map as trees #4, #5 and #6 (see Attachment H). The Eucalyptus trees are considered “protected” on the Property.

Currently, the restrictions on the scenic easement, as referenced on Parcel Map No. 9174, prohibit removal of vegetation, planting of new vegetation and installation of irrigation, unless approved by the Design Review Board. At the time of approval of Parcel Map No. 9174, the City did not have an Ordinance defining protected trees or the process to remove protected trees.

Currently, the City’s Tree Ordinance (DMMC Chapter 30.50) requires a Tree Removal Permit (TRP) for removal of trees located within the Open Space Overlay Zone. So, while the trees are located within the proposed development area, the subject request for an Amending Map to modify the scenic easement would not include tree removal authorization. Any (future) request to remove trees from the Property would require City approval of a TRP. Trees #4, #5 and #6 are not located within Area L of the Community Plan Open Space Element.

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

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

This neighborhood petition was presented to the City Council at its meeting of December 3, 2007, as an agendized Oral Communication item. The Council heard testimony by residents, Planning Department staff, Public Works staff and Fire Department staff. The Council discussed the item and determined that all Eucalyptus trees are inherently hazardous. Based on this determination, the Council concluded that the Eucalyptus trees located within the rightof-way (protected tree) and adjacent to residential property may be removed with a TRP.

Council also agreed to waive the application fees for a TRP and Encroachment Permit for requests to remove Eucalyptus tree located within the public right-of-way and directed staff to expedite such permits; however, all costs associated with the tree removal itself would be paid by the applicant.

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methodology would need to be considered with any new development proposals to protect the Pinnacles and canyons. Conditions for any new development would require a Grading/Drainage Plan, and Geotechnical and Hydrology Reports to be reviewed and approved by the City Engineer. Planning Department review would also include evaluation of the construction staging and phasing, equipment usage, material storage and access to the site.

Consistency with the Community Plan
The Community Plan’s Open Space Element, adopted in 1976, identified areas throughout the City with unique open space characteristics, which the City desired to either: acquire for public use as neighborhood parks; or provide regulations that would help to retain the site’s open space characteristics after (future) development. As previously mentioned, the southwesterly portion of the subject lot is identified as Area L of the Community Plan Open Space Element, which is described as being 0.1 acre in area (approximately 4,356 square feet) and rectangularly shaped. Development criteria for the Property included a scenic easement for protection of the Pinnacles, canyon views and vegetation. Any amendment to the scenic easement protection provisions of TPM-77-03 must remain consistent with the development provisions (criteria) of the Community Plan’s Open Space Element.

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

As noted previously, since the approval of TPM-77-03 in 1979 the number of Eucalyptus trees on the Property have been significantly reduced from more than 20 trees (referred to collectively in the Community Plan as the “stand of trees”) to 8 trees. The EIR analysis of the Property included a Topographic Map of the Property (see Attachment G, page 8 of EIR, Figure 2-4), which depicts the number and location of Eucalyptus trees in existence at the time. The EIR view analysis noted that due to dense vegetation at the front of the Property (at the time), public views from Cuchara Drive to the Pinnacles and canyon were then limited to a narrow view corridor along the south side of the Property (see Attachment G, page 19, Section 4.7.2 Preservation of View Corridor).

It was also noted in the EIR view analysis that the residential structure (proposed on the [then] vacant lot) located at the rear of the lot would have been mostly obstructed from public view. Through the course of 45 years and the eventual reduction and thinning of this previous “stand of Eucalyptus trees” and removal of other trees and vegetation as described 11 May 19, 2025 Item 12
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in the EIR, it is reasonable to conclude that the current public view to the Pinnacles from Cuchara Drive has significantly improved.

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

Findings for Subdivision Map (or Amendment thereto)
California Government Code Section 66472.1 (Amending of Final Maps) contains four (4) specific criteria that must be met in order the City Council to approve and record the proposed Amending Map. Below are the four (4) required criteria (in bold font) followed by staff’s proposed findings.

1. There are changes in circumstances, subsequent to the recording of the map, which make any or all of the conditions of such map no longer appropriate or necessary.

Proposed Finding: At the time of the City’s approval of the Parcel Map TPM-77-03, there were more than 20 Eucalyptus trees located on the Property. The scenic easement prohibited development, but allowed tree removal with the approval of the Design Review Board. The City did not have a formalized Tree Removal Permit process at the time. What was described as a “stand of trees” obstructed public views to the Pinnacles, except for a narrow scenic view at the southern side of the Property. Since that time, the trees have been gradually reduced in number and now there are eight (8) Eucalyptus trees remaining on the Property. The reduction of trees has greatly improved the public scenic views of the Pinnacles from Cuchara Drive towards the north. Eucalyptus trees are now generally considered hazardous. The Property is also located in the Wildland Urban Interface area and designated as a “Very High Fire Severity Zone”. After the San Diego Witch Creek Fire in 2007, the City Council determined Eucalyptus trees to be hazardous with respect to Tree Removal Permit findings.

The reduction of the stand of Eucalyptus trees over time, the City’s regulatory attitude towards Eucalyptus trees as a public health and safety/fire threat, and the increase of fire severity status, when taken together, constitute a change in circumstances that make the scenic easement area extended further to the north than required by Area L to protect the “stand of trees” no longer necessary.
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2. That the modification does not impose any additional burden on the present fee owner(s) of the property.

Proposed Finding: The Amending Map to revise/reduce the scenic easement would not impose an additional burden to the Property owner. It would not affect access to the Property, existing utilities, or any additional improvements necessary for the use of the Property. There is no additional burden on the Applicant if the project is approved.

3. That the modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

Proposed Finding: The Amending Map would not alter the right, title or interest for the Property owner, as the project would not change the Community Plan, Open Space Element Area L, R1-10 Zoning designation or Open Space Overlay Zone designation. The Property size and Property line boundaries would remain the same. The Property would retain the same permitted uses allowed in the R1-10 zone. The Property would retain the same development criteria required of the R1-10 zone, including maximum Floor Area Ratio, lot coverage, yard setback and height limitations. Additionally, the Property would not be allowed more FAR than currently allowed in the R1-10 Zone, which is a maximum of 25% based on the Property’s square footage.

4. That the map as modified conforms to the provisions of Sections 66474 of the Subdivision Map Act.

Proposed Finding: The Amending Map would conform to the provision of Section 66474 of the Subdivision Map Act in that: (a) the proposed map is consistent with applicable general and specific plans as specified in Section 65451; (b) the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; (c) the site is physically suitable for the type of development; (d) the site is physically suitable for the proposed density of development; (e) the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (f) the design of the subdivision or type of improvements is not likely to cause serious public health problems; and (g) the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, Property within the proposed subdivision.

Conformance with Section 66474 of the Subdivision Map Act California Subdivision Map Act Section 66474, referenced in criteria #4 above, lists seven (7) potential findings for denying “a tentative map, or a parcel map for which a tentative map was not required.” An Amending Map is such a map. As proposed below, it is staff’s position that none of the seven (7) findings for denial can be made. 13 May 19, 2025 Item 12
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1. That the proposed Map is not consistent with applicable general and specific plans as specified in Section 66451.

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

Pursuant to the Open Space Overlay Zone requirement, a scenic easement would be recorded against the deed of the Property and would prohibit development and ground disturbance, thus protecting the Pinnacle, rock formations and vegetation on Area L.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

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

3. That the site is not physically suitable for the type of development.

This finding cannot be made because the proposed Amending Map would modify (decrease) the size and area of the scenic easement, and thereby, would commensurately modify (increase) the size and area of the potential development area by 2,853 square feet (with a total development area of 7,045 square feet). The Property contains a single-unit residence, and any additional development area would allow the opportunity for either new construction 14 May 19, 2025 Item 12
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of a replacement single-unit residence, modifications to the residence, and/or construction of an Accessory Dwelling Unit permitted under the R1-10 Zone.

4. That the site is physically suitable for the proposed density of development.

This finding cannot be made because the proposed Amending Map would not affect the Property’s allowable single-unit residential density of the R1-10 Zone.

5. That the design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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

Development would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife since the project is located within an existing developed parcel.

The Geotechnical Engineer’s preliminary opinion on the stability of the Pinnacle, the feasibility of additional development without adversely affecting the Pinnacle, and that the Pinnacle would not pose a hazard to new structures.

6. That the design of the subdivision and the type of improvements is likely to cause serious public health problems.

This finding cannot be made because the proposed Amending Map, if approved, would allow the potential for additional development area on the Property. The continued use of a singleunit residential development in the R1-10 Zone would not cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, Property within the proposed subdivision.

This finding cannot be made because the proposed Amending Map is a request to amend the area and size of the scenic easement. If the Amending Map is approved, the revised scenic easement for the Property would be recorded with the County. The Property has several other private and public (utility) easements and which would not be affected with this project. 15 May 19, 2025 Item 12
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
May 19, 2025

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Findings Required for Coastal Development Permit/Consistency with the Local Coastal Program
The Property is located within the City’s Coastal Overlay (the CA Coastal Zone, non-appeals jurisdiction) and so, pursuant to DMMC Section 30.75.040, requires a Coastal Development Permit (CDP). Section 30.75.140 stipulates seven findings that must be made for approval of a CDP. As proposed, the subject project is found to comply with the standards of development noted in the referenced DMMC Section (enumerated in bold font below), and accordingly, recommended findings to approve the CDP request can be made.

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

The City’s action on the CDP application is, therefore, not appealable to the California Coastal Commission.

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

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

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

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

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

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

4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements 16 May 19, 2025 Item 12
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
May 19, 2025

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for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

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

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

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

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

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

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

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

ENVIRONMENTAL IMPACT:

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

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

While no rare or endangered flora or fauna were identified on the subject lot and within a 100-foot radius on the Biological Resources Survey, the Initial Study identified potential impacts for Biological Resources. A detailed review of the potential impacts is included in the 17 May 19, 2025 Item 12
City Council Agenda Report
RM22-001, CDP24-012, EA24-001
May 19, 2025

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Initial Study and includes mitigation measures that reduce all impacts to less than significant levels. The mitigation measures are included in the MND and Mitigation Monitoring and Reporting Program (MMRP) and would be included as conditions to any project approval.

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

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

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

HOUSING IMPACT:

The project does not include the demolition, alteration, or development of any housing units.

However, if the Amending Map request is approved, the Property could be developed within the buildable area with a detached Accessory Dwelling Unit, subject to compliance with local and state regulations. Therefore, the approval of the requested Amending Map application could result in increased housing supply or improved housing affordability in the City of Del Mar.

FISCAL IMPACT:

There would be no fiscal impact to the City as this is a private development proposal. All fees associated with the project and CEQA processing have been paid by the Applicant.

Additionally, all costs associated with any future development of the Property would be paid by the Applicant.

ATTACHMENTS:

Attachment A – Proposed Council Resolution
Attachment B – Applicant’s Correspondence
Attachment C – Aerial Map
Attachment D – Community Plan Open Space Element excerpt Attachment E – TPM-77-03 Staff Report
Attachment F – TPM-77-03 Council Resolution and Recorded Parcel Map 9174 Attachment G – TPM-77-03 EIR
Attachment H – Applicant’s Plan and Scenic Easement Exhibit Attachment I – Public Correspondence
18 May 19, 2025 Item 12

ATTACHMENT A
RESOLUTION NO. 2025-XX

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

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

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

MONITORING AND REPORTING PROGRAM
WHEREAS, on March 5, 1979, the City Council of the City of Del Mar (City), after conducting a public hearing in the form and manner required by law, certified an Environmental Impact Report (EIR) and approved an application for Parcel Map TPM-77- 03; and
WHEREAS, the approved Parcel Map TPM-77-03, which was recorded in the Office of the San Diego County Recorder as Parcel Map No. 9174, created a three lot subdivision, including the subject property located at 1201 Cuchara Drive, Del Mar (APN 300-143-38-00) (Property), which is located in the R1-10 Zone, Open Space Overlay Zone (OSOZ), and Wildland Urban Interface; and
WHEREAS, in compliance with the City’s Community Plan Open Space Element development criteria for Area L, a condition of approval for Parcel Map TPM-77-03 included recordation of a scenic easement to retain the natural features of the Property identified in the Community Plan Open Space Element Area L, to include the “Pinnacles,” canyon, and vegetation on the Property; and
WHEREAS, Mark and Laura Weber Trust, dated April 4, 2009 (Applicant/Owners), submitted an application to the City for a Revised Map (RM22-001), Coastal Development Permit (CDP24-012), and Environmental Assessment (EA24-001) (collectively referred to as the Project), to amend the Recorded Parcel Map No. 9174 (TPM-77-03) for purposes of reducing the size of the existing scenic easement on the Property; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (Public Resources Code §§ 21000-21189) (CEQA), and is not exempt; and WHEREAS, a Mitigated Negative Declaration (MND) (State Clearing House (SCH) No. 2024080103), for the project was prepared in accordance with applicable laws, including CEQA and the CEQA Guidelines (14 Cal. Code of Regs. §§ 15000, et seq.). The MND was circulated for a 30-day review period to the public, responsible agencies, and other interested persons for review and comment during the period of August 2, 2024 to September 3, 2024, as required by CEQA; and WHEREAS, the City received written comments on the MND during the 30-day review period; and
19 May 19, 2025 Item 12
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WHEREAS, the Initial Study (IS)/MND concluded that the implementation of the Project will have less-than-significant impacts, as mitigated, as referenced in the impacts to biological resources; and
WHEREAS, under CEQA, a lead agency makes a determination on a project requiring the implementation of measures to mitigate or avoid significant effects on the environment. CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation. A MMRP has been prepared for the Project for consideration by the City Council as the decision-maker of the City, which is the lead agency for the Project; and
WHEREAS, on September 10, 2024 and January 14, 2025, the Planning Commission held duly noticed public hearings to consider a recommendation to the Del Mar City Council regarding approval of application RM22-001 and CDP24-012 and on the adoption of the IS/MND, including MMRP, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered during the Planning Commission public hearings to include, without limitation:
a. Plans submitted by the Applicant
b. Written information submitted with the application
c. Oral testimony from staff, the Applicant, and the public d. Staff reports, dated September 10, 2024 and January 14, 2025, which
are incorporated by this reference, as though fully set forth herein e. Additional information submitted during the hearings; and WHEREAS, the Planning Commission unanimously voted to recommend approval of RM22-001, CDP24-012, and EA24-001, and adoption of the MND, including the MMRP, to the City Council; and
WHEREAS, on April 21, 2025, the City Council held a duly noticed public hearing to consider approval of RM22-001, CDP24-012 and EA24-001, and adoption of the MND, including the MMRP, at which time all persons desiring to be heard were heard; and WHEREAS, written evidence was submitted, including, without limitation:
a. Plans submitted by the Applicant
b. Written information submitted with the application
c. Agenda report, dated April 21, 2025, which is incorporated by this reference, as though fully set forth herein; and
WHEREAS, the City Council, on the Consent Calendar, moved to continue the project, with the Applicant’s consent, to a date certain to the regularly scheduled City Council meeting of May 19, 2025; and
20 May 19, 2025 Item 12
Resolution No. 2025-xx

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WHEREAS, on May 19, 2025, the City Council held a duly noticed public hearing to consider approval of RM22-001, CDP24-012 and EA24-001, and adoption of the MND, including the MMRP, at which time all persons desiring to be heard were heard; and WHEREAS, written and oral evidence was submitted and considered during the City Council public hearing, including, without limitation:
a. Plans submitted by the Applicant
b. Written information submitted with the application
c. Oral testimony from Staff, the Applicant, and the public d. Agenda report, dated May 19, 2025, which is incorporated by this reference, as though fully set forth herein
e. Additional information submitted during the hearing.

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

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

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

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

AND, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, California, hereby approves Amending Map RM22-001 based on conformance with the California Subdivision Map Act (Gov. Code § 66472.1), and the following findings:

1. There are changes in circumstances, subsequent to the recording of the map, which make any or all of the conditions of such map no longer appropriate or necessary.

At the time of the City’s approval of the Parcel Map TPM-77-03, there were more than 20 Eucalyptus trees located on the Property. The scenic easement prohibited development, but allowed tree removal with the approval of the Design Review Board. The City did not have a formalized Tree Removal Permit process at the time. What was described as a “stand of trees” obstructed public views to the Pinnacles, except for a narrow scenic view at the southern side of the Property. Since that time, the trees have been gradually reduced in number and now there are eight (8) Eucalyptus trees remaining on the Property. The reduction of trees has greatly improved the public scenic views of the 21 May 19, 2025 Item 12
Resolution No. 2025-xx

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Pinnacles from Cuchara Drive towards the north. Eucalyptus trees are now generally considered hazardous. The Property is also located in the Wildland Urban Interface area and designated as a “Very High Fire Severity Zone”. After the San Diego Witch Creek Fire in 2007, the City Council determined Eucalyptus trees to be hazardous with respect to Tree Removal Permit findings. The reduction of the stand of Eucalyptus trees over time, the City’s regulatory attitude towards Eucalyptus trees as a public health and safety/fire threat, and the increase of fire severity status, when taken together, constitute a change in circumstances that make the scenic easement area extended further to the north than required by Area L to protect the “stand of trees” no longer necessary.

2. That the modifications do not impose any additional burden on the present fee owner(s) of the property.

The Amending Map to revise/reduce the scenic easement would not impose an additional burden to the Property owner. It would not affect access to the Property, existing utilities, or any additional improvements necessary for the use of the Property.

There is no additional burden on the Applicant if the project is approved.

3. That the modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

The Amending Map would not alter the right, title or interest for the Property owner, as the project would not change the Community Plan, Open Space Element Area L, R1-10 Zoning designation or Open Space Overlay Zone designation. The Property size and Property line boundaries would remain the same. The Property would retain the same permitted uses allowed in the R1-10 zone. The Property would retain the same development criteria required of the R1-10 zone, including maximum Floor Area Ratio, lot coverage, yard setback and height limitations. Additionally, the Property would not be allowed more FAR than currently allowed in the R1-10 Zone, which is a maximum of 25% based on the Property’s square footage.

4. That the map as modified conforms to the provisions of Sections 66474 of the Subdivision Map Act.

The Amending Map would conform to the provision of Section 66474 of the Subdivision Map Act in that: (a) the proposed map is consistent with applicable general and specific plans as specified in Section 65451; (b) the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; (c) the site is physically suitable for the type of development; (d) the site is physically suitable for the proposed density of development; (e) the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (f) the design of the subdivision or type of improvements is not likely to cause serious public health problems; and (g) the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, Property within the proposed subdivision.
22 May 19, 2025 Item 12
Resolution No. 2025-xx

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AND, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, California hereby approves Amending Map RM22-001 based on conformance with the California Subdivision Map Act (Gov. Code § 66474), and on the following findings:

1. That the proposed Map is not consistent with applicable general and specific plans as specified in Section 66451.

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

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

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

3. That the site is not physically suitable for the type of development.

The proposed Amending Map would modify (decrease) the size and area of the scenic easement, and thereby, would commensurately modify (increase) the size and area of the 23 May 19, 2025 Item 12
Resolution No. 2025-xx

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

4. That the site is not physically suitable for the type of development.

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

5. That the design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The proposed Amending Map is subject to review under the California Environmental Quality Act. An Initial Study and Mitigated Negative Declaration (EA24-001) did not identify any endangered or rare flora or fauna on the Property and the project with the incorporation of mitigation measures would create less than significant impact to the environment. The proposed Amending Map, if approved, would allow potential additional development area located to the west and south of the existing residence. Development would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife since the project is located within an existing developed parcel. The Geotechnical Engineer’s preliminary opinion on the stability of the Pinnacles, the feasibility of additional development without adversely affecting the Pinnacles, and that the Pinnacles would not pose a hazard to new structures.

6. That the design of the subdivision and the type of improvements is likely to cause serious public health problems.

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

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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

AND, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, California, hereby approve Coastal Development Permit CDP24-012, based upon conformance with DMMC 30.75 and on the following findings:
24 May 19, 2025 Item 12
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1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

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

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

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

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

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

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

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

The Property is not located on the beach or along the shoreline, therefore this finding would not apply.
25 May 19, 2025 Item 12
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6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

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

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

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

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

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

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

3. [Scenic Easement Deed Restriction- Recordation]
Prior to recordation of the Revision Map RM22-001, the Applicant shall record a new Scenic Easement deed restriction against the deed for the Property. The open space deed restriction shall apply to the area as indicated on the submitted plans approved by the City. 26 May 19, 2025 Item 12
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The purpose of the deed restriction is to preclude development that would encroach into or cause disturbance to the natural character of the open space area. The deed restriction shall prohibit the development and/or placement of structures, grading, hardscape, walls/fences, landscaping/irrigation, or removal of vegetation in the affected area, unless approved by the City of Del Mar. The covenant document shall be prepared by the City of Del Mar, and recording fees shall be borne by the Applicant.

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

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

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

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

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

9. [Required Document Submittal and Subdivision Guarantee] Prior to the approval of the Revision Map RM22-001 by the City Engineer, the Applicant shall provide the City Engineer with a title report, copies of sufficient documentation to verify lot legality and current ownership, and a subdivision guarantee from a qualified title 27 May 19, 2025 Item 12
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insurance company. The guarantee shall have a minimum $1,000 liability coverage and in a form acceptable to the Planning Director and City Engineer.

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

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

BIO-1: Monarch Butterfly.

Prior to any vegetation removal and/or development within the area to be removed from the existing Scenic Easement, the Project Applicant shall ensure the following actions are undertaken to avoid or minimize potential direct and indirect impacts to monarch butterflies:
a. Conduct an overwintering site survey to determine if monarch butterfly are using the existing gum trees for roosting or if the site is otherwise suitable for overwintering.
b. If the site is shown to support, or likely to support, overwintering monarch butterflies, site-specific mitigation measures will be developed. These measures will include:
• If possible, site disturbance and construction activity that would impact Eucalyptus trees on-site shall not occur during the monarch butterflies’ fall and winter migration period (October 15 through February 29). • If tree or vegetation removal or site disturbance is required during the monarch butterflies’ fall and winter migration period (October 15 through February 29), a 28 May 19, 2025 Item 12
Resolution No. 2025-xx

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City-approved biologist familiar with monarchs and monarch overwintering habitat shall conduct focused surveys for monarch colonies within the identified overwintering site and will identify any colonies found within seven (7) days of proposed vegetation removal or site disturbance or when known monarch overwintering is occurring at other locations within the region. If monarch butterflies are detected, development shall be postponed until after the overwintering period or until the City-approved biologist determines monarch butterflies are no longer using the trees for overwintering.

To provide further protection to non-overwintering populations and/or adjacent overwintering populations, no Asclepias curassavica (tropical milkweed) shall be allowed in any planting palettes for the Project. To contribute to local monarch butterfly conservation efforts, native nectar-providing plant species will be incorporated into landscaping following construction activities, such as those recommended in the Monarch Butterfly Nectar Plant List for Conservation Plantings, to enhance local nectar sources (Xerces Society 2024)
BIO-2: Legless Lizard.

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

BIO-3: Nesting Birds and Raptors.

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

Preconstruction nesting bird surveys shall be conducted no more than three (3) days prior to the start of clearance/construction work. If ground-disturbing activities are delayed, additional preconstruction surveys should be conducted such that no more than three (3) days have elapsed between the survey and ground-disturbing activities.
c. Active nests found within 100 feet of the construction zone shall be delineated with highly visible construction fencing or other exclusionary material that would inhibit entry by personnel or equipment into the buffer zone. The size of the buffer zone shall be at the discretion of the qualified 29 May 19, 2025 Item 12
Resolution No. 2025-xx

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biologist and shall be no less than 25 feet. Raptors may require a larger buffer zone, up to 300 feet. Installation of the exclusionary material will be completed by construction personnel under the supervision of a qualified biologist prior to initiation of construction activities. The buffer zone shall remain intact and maintained while the nest is active (i.e., occupied or being constructed by at least one adult bird) and until young birds have fledged and no continued use of the nest is observed, as determined by a qualified biologist. The barrier shall be removed by construction personnel only at the direction of the biologist.

BIO-4: Indirect Impacts to Aquatic Resources.

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

BIO-5: Protected Trees.

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

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on this 19th day of May, 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
30 May 19, 2025 Item 12
Resolution No. 2025-xx

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APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of May 2025 by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
31 May 19, 2025 Item 12
Dear City Council Members and City Attorney’s O7ice, May, 2025 Thank you, again, for your time and the opportunity to review our proposal to modify the boundaries of the Scenic Easement on our property at 1201 Cuchara Dr.

Over the course of several years working closely with the City Planning Department, City Attorney’s O7ice, our neighbors, engineers, biologists, and the Planning Commissioners, their feedback and suggestions have been directly incorporated into our final proposal.

The City’s report is incredibly thorough, and we’re grateful for their e7orts and support, as well as the Planning Commission’s endorsement, and time on site reviewing our proposal and intent. In their unanimous recommendation to approve our proposal, they did suggest that 3 special conditions be included in their recommendation. We’re in full agreement with these conditions and our proposal takes them into account as well as it can. We’ve publicly stated on the record during the Planning Commission meeting our agreement and willingness to work directly with the City Attorney’s o7ice to ensure the conditions are honored, but wanted to take the opportunity to do so again, in writing, for the benefit of the City Council.

For reference, here are the suggested conditions from the Planning Commission:

ATTACHMENT B
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We believe strongly, that after several iterations and years working on the proposal, we’ve landed on a solution that is consistent with Community Plan’s original intent while allowing us to build an ADU, serving the City’s stated need for additional low-income housing. Most importantly, ensuring the long-term viability of the community’s view and enjoyment of the sandstone outcropping and preserving the natural open space and the integrity of the neighborhood.

Thanks again for your time, sincerely,
The Weber Family
[email protected]
619.517.0607
33 May 19, 2025 Item 12
Dear City Council Members and Neighbors, April, 2025
Thank you for the opportunity to review the boundaries of the Scenic Easement on our property at 1201 Cuchara Dr. We initiated this project over 5 years ago at the encouragement of Dwight Worden, and we’re grateful for the continued support and time dedicated to partnering, reviewing, and revising our proposal by the City, the Planning Commission and our neighbors.

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

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

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

We’ve worked closely with the City to understand the potential impacts of this modification, and hired experts who are known and trusted in Del Mar to help us analyze the viability of our plan. Sowards & Brown Engineering, GEI Consultants (soil engineering), and SWCA Biologists have all thoroughly assessed the property and provided the Scenic Easement Exhibits, a Feasibility Study, and an Environmental Assessment and recommendations respectively. We believe strongly, that after several iterations and years working on the proposal, we’ve landed on a solution that is consistent with Community Plan’s original intent, allowing us to potentially build an ADU while ensuring the long-term viability of the sandstone outcropping and preserving the natural open space to conserve the integrity of the neighborhood and its view of the Pinnacle. 34 May 19, 2025 Item 12
Our proposal incorporates the feedback from the City Planning Department, City Attorney’s OPice, our neighbors, and the Planning Commissioners, and we’re again grateful for their support and endorsements. The Planning Commission outlined a few conditions in their unanimous recommendation to approve our proposal, which takes those into account, and we have every intent to follow them, whether they are oPicially adopted or not.

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

Thanks again for your time, sincerely,
The Weber Family
[email protected]
619.517.0607
35 May 19, 2025 Item 12

ATTACHMENT C
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EXHIBIT B AREA L ATTACHMENT D
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ATTACHMENT E
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N
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
9999 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/26
ST

C I V I L ATE OF CAL I FORNIA
R

EGISTERED PROFESSIONAL ENGINE
E
R
RANDY R. BROWN
R

EGISTERED PROFESSIONAL ENGINE
E
R

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
N

ATTACHMENT H
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N
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
9999 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/26
R

EGISTERED PROFESSIONAL ENGINE
E
R

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W

ATTACHMENT H
90 May 19, 2025 Item 12
Alison and Amit Hazan
629 Rimini Rd. Del Mar, CA 92014
Del Mar Planning Commission
City of Del Mar Town Hall
1050 Camino Del Mar, Del Mar, CA 92014
RE: Support for Mark and Laura Weber ADU Project and Tree Removal - Del Mar Commission Agenda Item #2
To Whom it may Concern:

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

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

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

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

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

We trust that the Planning Department will carefully consider the safety concerns raised by the removal of these hazardous eucalyptus trees during the evaluation of this project. We

ATTACHMENT I
91 May 19, 2025 Item 12
Alison and Amit Hazan
629 Rimini Rd. Del Mar, CA 92014
appreciate your attention to this matter and your commitment to ensuring the safety and welfare of our community members.

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

Thank you for your time and consideration.

Sincerely,
Alison and Amit Hazan
629 Rimini Rd
92 May 19, 2025 Item 12
From: Warren Kneeshaw <[email protected]>
Sent: Saturday, March 2, 2024 9:12 AM
To: mark Weber
Subject: Planning Commission Application
Mark and Laura,
Thank you for briefing us on your project. We are fully supportive. In particular, we agree with the Planning Commission that this change will have minimal environmental impact. Further, given that we reside in a “Wildland – Urban Interface” zone, the removal of Eucalyptus trees would actually reduce fire hazard risk for the community. Of note, Eucalyptus trees are not indigenous to California, and are not on the recommended tree list of the City of Del Mar.

Thanks, and best of luck with your project.

Warren and Leslie Kneeshaw
692 Rimini Road,
Del Mar, CA
93 May 19, 2025 Item 12
From: Jim Blasingame <[email protected]>
Sent: Saturday, March 2, 2024 7:38 PM
To: Mark Weber
Subject: Note to Mark Weber regarding new ADU project 1201 Cuchara March 2, 2024

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

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

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

Thanks
Jim and Laurie Blasingame

94 May 19, 2025 Item 12
From: Rick Lasch <[email protected]>
Sent: Tuesday, March 5, 2024 9:22 AM
To: [email protected]
Subject: 1201 Cuchara project
Del Mar Planning Commission / City Council
It is the purpose of this letter to support Mark and Laura Weber in their proposed project at 1201 Cuchara Dr.

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

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

Sincerely,
Rick Lasch and Family
1130 Cuchara Dr
95 May 19, 2025 Item 12
From: mark weber <[email protected]>
Sent: Wednesday, September 4, 2024 9:39 AM
To: Jean Crutchfield
Subject: FW: 1201 Cuchara Drive
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hey Jean.

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

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

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

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

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

All the best,
Josie and Chris Michalak
574 Amphitheatre Dr
Del Mar, CA 92014
96 May 19, 2025 Item 12
From: [email protected]
Sent: Tuesday, March 5, 2024 1:20 PM
To: [email protected]
Cc: Mark Weber
Subject: PLANNING COMMISSION, ITEM 2, 1201 Cuchara
Honorable Members:

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

The proposed ADU development is nicely sited on the lot and it makes a lot of sense to modify the open space easement in order to use some of it. As an additional benefit, a few very old and large eucalyptus trees will be removed, leaving some in place, and thus reduce the potential fire hazard that has increased here in Del Mar over the years since this Map was created. This is an area with many trees that only increase this risk for the "hill"
Thank you for your consideration!
Charles and Julie Pinney
727 Kalamath Drive
97 May 19, 2025 Item 12
From: Joan Goodman <[email protected]>
Sent: Thursday, September 5, 2024 1:06 PM
To: Planning Mail Box
Subject: 1201 Cuchara Drive
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello - I live at 538 Amphitheatre Drive and overlook the easement you are amending. I obviously do not have a clear picture of how this change will affect my enjoyment of my property as there were no details in the notice you provided. I just wanted to say that I very much appreciate the open space next to my house and have a lovely forested view out of my principal suite. I would not be happy if that was substantially changed. Thank you. Joan Goodman
2 98 May 19, 2025 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Jean Crutchfield, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: May 19, 2025
SUBJECT: Initial Consideration of an Appeal of the Design Review Board’s Approval of Design Review Permit (DRB24-006)
Project Applicant/Property Owner: Lisa Parnell, Footer Residence Trust

Project Appellants: Julie and David Fouquet
Project Location: 483 Avenida Primavera (APN: 299-290-04-00)

REQUESTED ACTION/RECOMMENDATION
Staff recommends that the City Council uphold the Design Review Board’s approval of application Design Review Board Permit DRB24-006 and not set the appeal for a de novo hearing.

EXECUTIVE SUMMARY
This is an initial consideration hearing pursuant to Del Mar Municipal Code (DMMC) Section 1.12.040 to determine whether to set the subject appeal for a de novo public hearing.

On March 26, 2025, the Design Review Board (DRB) conditionally approved application DRB24-006 submitted by Lisa Parnell, Trustee of the Footer Residence Trust (“Applicant”) to remodel an existing 1,578 square-foot, one-story residence with attached 2-car garage on a substandard sized lot of 8,654 square-feet at 483 Avenida Primavera in the R1-10 Zone.

Proposed improvements include demolishing 87 square feet of floor area from the residence and garage; demolishing a rear patio cover; construction of a 689 squarefoot, one-story addition with roof modifications; construction of a new 230 square-foot Floor Area Ratio (FAR)-exempt covered front porch; construction of a new pool and associated mechanical equipment; and installation of new exterior lighting, landscape, hardscape and site improvements. The project would result in a one-story remodeled 1 May 19, 2025 Item 13
City Council Agenda Report
Initial Consideration of Appeal of DRB24-006
May 19, 2025

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Del Mar City CouncilMay 19, 2025

Del Mar City Council
May 19, 2025