(including with the Artists and the contractor repairing the art pads, if repairs are required) as necessary to implement Phase II of the Program, consistent with the terms of the Public Art Policy, EP, Masterplan and this MOU.
3. Funding. The Foundation has agreed to underwrite the cost for Phase II of the Program in the approximate amount of $20,000. It is contemplated by the Parties that this will cover substantially all of the costs of Phase II of the Program. The Parties acknowledge that this underwriting is contingent upon the Foundation's ability to secure the insurance required by the EP and this MOU at a cost that is deemed reasonable in the sole judgment of the Foundation. For the convenience of the Parties and to lessen the program’s burden on City staff resources, the Foundation will directly contract with and pay contractors, artists, and other third Parties whose services are necessary for the implementation of this Program during Phase II, but will treat the costs of the program as a grant to the City.
4. Art Selection and Artistic Judgments. The Parties acknowledge that the Foundation will recommend art to the City Council for Phase II of the Program consistent with the selection criteria and public review provisions of the Public Art Policy, and consistent with technical provisions of the Masterplan and EP. The City will solicit public comment on the art for Phase II of the Program as part of the City Council agenda item for Council approval of the recommended art.
5. Art Sales. The Program provides that artists selected for participation may offer their artwork for sale. To effectuate the purposes of the Program, artworks selected for Phase II must remain on public display as part of the Program for a minimum of twelve (12) months, and may be removed before the end of the 23- month display period only if the artist or Art Locator can provide a substitute work acceptable to the Foundation for display for the remaining display period. Art sales shall be handled consistent with the provisions of Section XII, paragraph 3 of the Public Art Policy, with an additional 10% commission to be paid to the Art Locator.
The 25% consignment fee to the City and the 10% commission to the Art Locator are based on the sale price set by the artist per the Agreement between the Foundation and the artist, and are in addition to the sale price. The purchase transaction shall be conducted by the City’s Finance Department.
The City's consignment fee shall be allocated to the City of Del Mar Public Art Program Reserve Fund, to be used for future phases of this Program or other artsrelated purposes consistent with the Public Art Policy.
6. Maintenance; Damage; Loss.
a. Maintenance.
i. The Foundation shall be responsible for routine maintenance of the art pads to be installed as part of the Art Program.
ii. The artist shall be responsible for any routine maintenance for their artwork as provided in the artist's agreement to participate in the Program.
Attachment A 5 June 2, 2025 Item 11
Memorandum of Understanding – Del Mar Foundation
Phase II of the Temporary Outdoor Sculpture Program
b. Damage; Loss
i. Artworks. The Foundation shall obtain fire and theft insurance for damage or loss to the artworks caused by fire, theft, vandalism, or other cause, and shall include provisions in the artist agreements limiting liability for damage or loss to a maximum of $10,000 per artwork or the artist's sales price for the artwork, whichever is lower.
ii. Art pads. The Foundation is responsible for repairs to the art pads, per the terms of the EP.
7. Termination.
a. This MOU shall expire, unless renewed in writing by the Parties, at the conclusion of Phase II of the Program.
b. This MOU may be terminated sooner by either Party on reasonable notice to the other, provided that appropriate steps are included in any termination to ensure that no third-party contracts are breached. In the event that either Party desires to terminate this MOU, the Parties agree to confer and make good-faith efforts to determine whether the termination can be avoided by amending the terms of the MOU or the Program.
c. In the event of an early termination, the Parties agree to confer in good faith to reach agreement on how the termination will be effectuated, including whether the art pads will be removed or responsibility for them will be assumed by the City.
8. Continuation of Program.
a. The Parties hope that Phase II of the Program covered by this MOU will be successful and that it will be well received by the community. If so, it is the non-binding intent of the Parties to renew the program on terms acceptable to each party.
b. No financial or other commitments to continuation of the program are included in this MOU.
9. Insurance.
a. Liability. The Foundation has a Special Liability Insurance Policy (SLIP) policy of insurance in the amount of $5,000,000 naming the City as an additional insured.
i. This policy is deemed adequate for liability coverage purposes. ii. The Foundation shall maintain said policy, or equivalent, in full force and effect during the term of this MOU and any extension thereof. iii. The Foundation shall promptly notify the City, in writing, of any material change in said policy or its coverage affecting the City. iv. The Foundation shall ensure that the City is a named insured in said policy at all times relevant to this MOU, specifically naming the City's Temporary Outdoor Sculpture Program as an ongoing event covered by this policy.
b. Property. In addition, the Foundation shall secure fire and theft coverage in Attachment A 6 June 2, 2025 Item 11
Memorandum of Understanding – Del Mar Foundation
Phase II of the Temporary Outdoor Sculpture Program
an amount of not less than $100,000 to cover any damage or loss from fire, theft, vandalism, or other cause beyond the needs of ordinary maintenance to:
i. The art support systems to be installed on City property; ii. The artworks themselves in an amount up to the $10,000 maximum limit of liability set forth in the artist agreements.
iii. Additional insurance for the artworks may be purchased by the artists and shall name the City and Foundation as additional insureds.
10. Indemnification. The Parties each agree to indemnify, defend (with attorneys approved by the indemnified party), and hold harmless each other and their respective officers, officials, agents and employees (Indemnified Parties) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the performance of this MOU arising from their own sole negligence or misconduct. This indemnity is in addition to any other rights or remedies which the Parties may have under the law or this Agreement.
11. Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU the day and year first hereinabove written.
CITY OF DEL MAR, a municipal corporation DEL MAR FOUNDATION, a non-profit corporation
By: ________________________________ By: _____________________________ Ashley Jones, City Manager Thomas Neuman, MD, President ATTEST:
___________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
___________________________________
Leslie E. Devaney, City Attorney
Attachment A 7 June 2, 2025 Item 11
Art Selected for Council Consideration and Approval
for Phase II,
Temporary Outdoor Sculpture Program
Submitted for the June 2, 2025 City Council Meeting
By Del Mar Foundation
The sculptures proposed for Phase II of the Temporary Outdoor Sculpture Program are presented in this document, including photos and key information: artist, title, materials, dimensions of both the sculpture (as well as any base that will be used), proposed location, sales price, and in some cases, artist comments. They are shown in order based on the proposed installation location, from north (15th& Camino Del Mar) to south (9th & Camino Del Mar).
Although the City’s Art Advisory Committee (AAC) has been on hiatus and was unable to participate in the selection of art for Phase II, the process to select these artworks was similar to that used for Phase I: the art consultant who was retained for Phase I issued a Call for Art for Phase II; worked with submitting artists to obtain information about their works and technical issues such as installation, and guided the process of review of the submissions for artistic merit, suitability for display at the Del Mar outdoor art locations, and eligibility based on the standards of the City’s adopted Public Art Policy and the MOU between the City and the Foundation. A DMF art committee, including DMF’s representative on the AAC, reviewed the submissions with the art consultant, and selected the five sculptures plus one alternate, and also selected the installation site for each proposed sculpture.
If these artworks are approved by Council, installation is anticipated to take place between July 14-16, after the Fair has ended and before the Race Season begins. The artworks would also be in place for the Breeders’ Cup, and would remain in place for 23 months. Note that the artist can remove an artwork early, after it has been on display for at least one year, in the event of a sale. Having an alternate artwork approved by Council will facilitate replacement of one of the five approved works, in the event of a sale, or in the event that circumstances prevent one of the artworks from being installed.
Attachment B 8 June 2, 2025 Item 11
SELECTION #1
Artist: DELOS VAN EARL
Title: Red Seeker
Dimensions: 82”h x 17”w x 18”d
(listed height does not include the triangular base,
which will be approx. 2’ high to provide greater
elevation and visibility at the installation location.
Materials: Oil enamel on steel
Price: $8,000-$12,000 (TBD BY ARTIST)
INSTALLATION LOCATION:
15th St. near Camino Del
Mar, near the entrance to
the Jim Watkins
Amphitheatre (NE corner
of intersection)
Art Pad at this location is
5’ x 6’
From the artist’s Creature
Series – an abstract
creature which the artist
encourages the viewer to
interpret according to
what s/he sees.
Attachment B 9 June 2, 2025 Item 11
SELECTION #2
Artist: RON TATRO
Title: Split Head
Dimensions: 36”h x 20”w (base is 44”h x 15”w)
Materials: Painted aluminum
Price: $6,200
INSTALLATION LOCATION: 15th St. near Stratford Ct. (in front of Rusty Del Mar) Art Pad at this location is 3’ x 4’
NOTE: Split Head is part of the
artist’s series on Abstract Heads.
Attachment B 10 June 2, 2025 Item 11
SELECTION #3
Artist: RON TATRO
Title: Planar Head
Dimensions: 36”w x 20”w
(base is 44”h x 15”w)
Materials: Painted Aluminum
Price: $6,200
INSTALLATION LOCATION:
Camino Del Mar and 14th St.
(SE corner of intersection)
Art Pad at this location is 3’ x 4’
Photos show different sides of
this artwork.
NOTE: Planar Head is part of the
artist’s series on Abstract Heads.
Attachment B 11 June 2, 2025 Item 11
SELECTION #4
Artist: PETER MITTEN
Title: Cloud 7
Dimensions: 36”h x 40w (base is 4’h x 2’w x 2’d)
Materials: Powder coated and painted steel
Price: $5,000
INSTALLATION LOCATION: Camino Del Mar at 12
th St (SE corner, near the UPS Store)
Art Pad at this location is 7’x5’
Artist comment: “I’ve long been intrigued with discovering geometric patterns in nature, whether in moisture, cell structure, beehives, etc.” Attachment B 12 June 2, 2025 Item 11
SELECTION #5
Artist: HUGO HEREDIA
Title: Direcion Impredecible
Dimensions: 8'-4" h x 3’w x 3'd
Materials: Corten steel, stainless steel,
recycled water bottles, patina
Price: $22,000
INSTALLATION LOCATION: Camino Del Mar &
9th St. (NE corner of the intersection)
Art Pad at this location is 4’ x 4’
NOTE: The sculpture will incorporate 30-50+
green recycled water bottles; it is not in its
finished state in these photos.
Artist comment: This is large scale sculpture’s
metal has a brown rusty finish with some
details of stainless steel to make it look organic
and industrial. On top of the metal sculpture,
30 to 50 recycled green water bottles will be
incorporated. With light, this will create a very
intense green effect. The concept of the
sculpture is to connect with nature - the
contemporary tree-like sculpture, the green
element of the recycled glass bottles and the
earthy brown finish of the metal.
Attachment B 13 June 2, 2025 Item 11
ALTERNATE SELECTION
Artist: BECKY GUTTIN
Title: Lo Cuestionable de la
Armonia – Questionable
Harmony
Dimensions: 99” x 19.5” x 19.5”
Materials: Glass and Iron
Price: $12,000
The alternate selection will be
included in Phase II in the event
that one of the primary
selections cannot be installed
for some reason, or if a primary
selection is sold and removed
(allowable under the MOU after
the work has been displayed for
a minimum of one year).
Attachment B 14 June 2, 2025 Item 11
RESOLUTION NO. 2021-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT
EP21-054 TO INSTALL FIVE CONCRETE PADS IN THE PUBLIC
RIGHT-OF-WAY IN THE DOWNTOWN AREA FOR THE
TEMPORARY OUTDOOR SCULPTURE PROGRAM IN DEL MAR,
CALIFORNIA
WHEREAS, the City of Del Mar (“City”) is the owner of the public right-of-way at the following locations:
• 15th Street and Camino del Mar
• 15th Street and Stratford Count
• Southeast corner of 14th Street and Camino del Mar
• Southeast corner of 12th Street and Camino del Mar
• Northeast corner of 9th Street and Camino del Mar; and WHEREAS, the Del Mar Foundation (“Applicant”) has filed an application for an Encroachment Permit (EP21-054) seeking approval to place five concrete pads in the downtown area (“Project”); and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for erecting or maintaining any structure in the public right-ofway, and WHEREAS, Section 23.28.070 of the DMMC provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(4).
Therefore, environmental review would not be required; and WHEREAS, on June 21, 2021, the City Council of the City of Del Mar held a duly noticed public hearing to review the encroachment permit, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant;
b. Written information submitted with the application;
c. Agenda Report, dated June 21, 2021, incorporated by reference as though fully set forth herein;
Attachment C 15 June 2, 2025 Item 11
Resolution No. 2021-24
d. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP21-054 is hereby approved based on the following findings in DMMC Chapter 23.28.070 (C):
1. The issuance of the EP will not endanger public health, safety or welfare, or the surrounding property. The five sites were evaluated with public health, safety, and welfare in mind, and the sculptures at these locations are well-suited to the surrounding environment.
2. The issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement. The five sites were carefully evaluated and will not interfere with the intended use of the public right-of-way. The art pads are proposed to be located in landscaped planter areas created as part of the Downtown Streetscape project.
3. The issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. In fact, the five sites have the ability to enhance the community’s appearance and aesthetics.
4. The issuance of the EP will not change the character of the community. The five sites were evaluated and found to be well-suited to the surrounding environment and would compliment the character of the community.
5. The issuance of the EP will not be to the detriment of the interests of the general public. The five sites were evaluated with public health, safety, and welfare in mind, and the sculptures at these locations are well-suited to the surrounding environment.
6. The proposed encroachment will not convert significant area of public property to private use. The program is intended to be for the public to enjoy the temporary sculptures.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP21-054 shall be subject to the following conditions:
General Conditions:
Note that gaps in numbering are intentional.
GC-6 [Compliance with Conditions]
The applicant/owner hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.
Attachment C 16 June 2, 2025 Item 11
Resolution No. 2021-24
GC-21 [No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.
The applicant/owner agrees to protect all survey markers and monuments in the vicinity of the work and agrees to replace any markers or monuments, if damaged, to the satisfaction of the Public Works Director.
General Encroachment Conditions:
GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant/owner agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.
GEP-3 [EP - Removal of Improvements]
The applicant/owner agrees that if any structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant/owner or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from the Director of Public Works to do so. The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Director of Public Works.
GEP-5 [EP - Revocation of Permit]
This permit may be revoked by the City if noncompliance is noted to the applicant/owner and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice. Further, this permit may be revoked if the City ever has a need for the portion of the right-of-way, currently utilized by the private improvements, in the future, or if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twentyfour (24) hours of notice.
GEP-11 [EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.
Attachment C 17 June 2, 2025 Item 11
Resolution No. 2021-24
GEP-12 [EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the applicant/owner.
GEP-17 [EP - Improvements Subject to Compliance with ADA Accessibility Requirements]
Where applicable, the applicant/owner shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: www.accessboard.gov/adaag/html/adaag.htm Document Conditions:
DC-2 [Certificate of Insurance]
The applicant/owner shall provide a Certificate of Insurance covering the encroachment and naming the City as an additional insured. Coverage under this provision shall be maintained continuously for the life of the encroachment and a copy provided to the City upon request at any time.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 21st day of June, 2021. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment C 18 June 2, 2025 Item 11
Resolution No. 2021-24
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2021- 24, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of June, 2021, by the following vote:
AYES: Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker, Martinez and Quirk
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
Attachment C 19 June 2, 2025 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Josh Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Introduction of an Ordinance Adopting an Updated Fire Hazard Severity Zone Map for the City of Del Mar
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance (Attachment A) amending the Del Mar Municipal Code to add Section 10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map (FHSZ Map) to designate Moderate, High, and Very High Fire Hazard Severity Zones (Exhibit 1 to Attachment A) to comply with the requirements of California Government Code Section 51179.
BACKGROUND:
In response to the 1980 Panorama Fire in San Bernardino, the California Department of Forestry and Fire Protection (CAL FIRE) was mandated to develop FHSZs in State Responsibility Areas (SRAs). The 1991 Tunnel Fire in the Oakland Hills prompted the assessment of FHSZs in Local Responsibility Areas (LRAs). FHSZs are identified by the State Fire Marshal and categorized as Moderate, High, and Very High, and Government Code section 51179 obligates local authorities to take wildfire mitigating actions in those areas.
On March 24, 2025, CAL FIRE, through the Office of the State Fire Marshal (OFSM), released updated LRA FHSZ maps for all California communities, including the City of Del Mar. The updated FHSZ maps represent the most current, science-based assessment of wildfire hazards across the State and mark the first major update since 2007. CAL FIRE’s methodology incorporates modern fire behavior modeling, historical wildfire data, topography, vegetation, weather patterns, and climate trends to identify hazard ratings.
DISCUSSION/ANALYSIS:
For the City of Del Mar, the updated FHSZ map (Exhibit 1 to Attachment A) significantly expanded areas in the City that are designated as High and Very High Fire Hazard Severity Zones. Areas not previously identified as high hazard for wildfires, particularly neighborhoods adjacent to open space—are now newly classified and subject to stricter mitigation requirements. This means many residential and commercial properties now fall under more stringent fire safety regulations.
1 June 2, 2025 Item 12
City Council Agenda Report
Updated LRA FHSZ MAP Ordinance – Introduction
June 2, 2025
These new designations directly affect Del Mar’s local building codes, require enhanced defensible space (e.g., clearing brush and maintaining safe zones around structures), and trigger additional disclosure obligations for property owners. Any new construction in Very High and High FHSZs must comply with Chapter 7A of the California Building Code (wildfireresistant construction standards) and Government Code Sections 51175–51189, which establish the framework for local wildfire mitigation requirements (Attachment B).
Del Mar, like much of coastal Southern California, is experiencing a shift in wildfire exposure.
The risk is no longer confined to the wildland-urban interface or rural canyons. Climate change, prolonged drought, invasive vegetation growth, and Santa Ana wind events have increased the City’s vulnerability. The updated and expanded FHSZ boundaries reflect this evolving threat and serve as a call to action for enhanced public safety strategies.
The City of Del Mar must address the requirements of Government Code Sections 51175– 51189 through public outreach, code enforcement, vegetation management, emergency response planning, and neighborhood preparedness. Proactive coordination across City departments and strong communication with impacted residents will be critical in reducing the risk and consequences of future wildfires.
The adoption of CAL FIRE’s updated FHSZ map follows a defined legal and administrative process set by the State, which directly impacts how and when the City of Del Mar must comply with new regulatory requirements.
Adoption Timeline
CAL FIRE finalized and publicly released the updated Local Responsibility Area, FHSZ maps on March 24, 2025. Under California Government Code Section 51179, cities are required to adopt these maps by ordinance within 120 days of the State’s final map certification (or by July 22, 2025).
Notification and Opportunities for Public Comment
Prior to adoption, CAL FIRE provided official notice and conducted public hearings to gather input from local agencies, residents, and stakeholders. This process was mandated by Government Code Section 51178 et seq., ensuring there was public engagement in the map development process.
At the local level, cities were required to open a 30-day public comment period for the new LRA maps. The public comment period for Del Mar’s updated map began on March 28, 2025, and closed April 28, 2025. Two comments were received (Attachment C). To inform residents, the City included information on the map update process in the City’s electronic newsletter, the Del Mar Weekly, and published a new webpage on its website:
2 June 2, 2025 Item 12
City Council Agenda Report
Updated LRA FHSZ MAP Ordinance – Introduction
June 2, 2025
https://www.delmar.ca.us/920/Fire-Hazard-Severity-Zone-Map-Updates. Information about the process and opportunities for public input were also provided by the City Manager at several City Council meetings.
Final Adoption and Implementation
After completing the State’s public comment period and addressing feedback, CAL FIRE certified the final maps. The maps took effect 30 days after publication in the California Regulatory Notice Register, triggering the 120-day compliance timeline described above for local jurisdictions to adopt them by ordinance. While the State accepted feedback on the updated maps under State law (Government Code Section 51179(b)(3)), local agencies, including the City of Del Mar, were prohibited from lowering the fire hazard severity zone classifications set by the OSFM. Only changes that would increase the fire hazard area or risk designation are permitted by the State.
City-Level Actions and Deadlines
Building Code and Ordinance Updates
The City of Del Mar is legally obligated to amend its local ordinances to incorporate the newly designated High and Very High FHSZs. All new construction, major remodels, and certain repairs within these zones must comply with Chapter 7A of the California Building Code and other relevant city code. These changes must be adopted within 120 days of the final map release. The City is required to update its building and fire codes every three years, and the next update, which will incorporate these requirements, will come to the City Council for adoption by the end of the calendar year and go into effect January 1, 2026.
Defensible Space Enforcement
The City must also revise and enforce defensible space policies to align with the updated maps. Vegetation management inspections and compliance efforts, as defined under Government Code 51182, must begin during this same 120-day window. The City is currently updating these operational programs to comply with the new requirements.
Disclosure Requirements
Effective immediately upon the map’s adoption, California law requires property sellers to disclose a parcel’s location within a designated FHSZ. Real estate disclosures must reflect these new designations, and non-compliance could result in legal exposure for sellers and agents.
Enforcement and Compliance Timeline
The City of Del Mar has a transitional period of 120 days from CAL FIRE’s map certification to finalize all required ordinance amendments, enforcement mechanisms, and public education programs (or by July 22, 2025). Delayed compliance may result in legal liabilities, disqualification from certain state grant opportunities, and challenges to resident property insurance coverage.
3 June 2, 2025 Item 12
City Council Agenda Report
Updated LRA FHSZ MAP Ordinance – Introduction
June 2, 2025
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
This action is exempt from review under the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et. seq. and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.), pursuant to Government Code Sections 51175 (b) and 51179 (a), because the adoption of an ordinance to adopt the Fire Hazard Severity Zones Maps is not considered a project under Division 13 of the Public Resources Code.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This agenda item supports the General Plan Safety Element, which prioritizes minimizing the risk of wildfire in the community.
ATTACHMENTS:
Attachment A – Ordinance Adopting Updated Fire Hazard Severity Zone (FHSZ) Map Exhibit 1 – Updated Fire Hazard Severity Zone Map for City of Del Mar Attachment B – Government Code Sections 51175-51189
Attachment C – Public Comments
4 June 2, 2025 Item 12
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE TO ADD SECTION 10.04.015 REFLECTING LOCAL
ADOPTION OF THE DEL MAR FIRE HAZARD SEVERITY ZONES
MAP DESIGNATING MODERATE, HIGH, AND VERY HIGH FIRE
HAZARD SEVERITY ZONES TO COMPLY WITH THE
REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE
SECTION 51179
WHEREAS, California Government Code section 51175 et seq. set forth laws intended to classify lands in the state where moderate, high, and very high fire hazard areas exist in order that public officials may implement measures to reduce fire risks; and WHEREAS, California Government Code section 51178 requires The State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones (FHSZ); and
WHEREAS, California Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within its jurisdiction within 120 days of receiving such a transmittal from Cal Fire; and WHEREAS, the City of Del Mar Fire Chief has reviewed and accepted the moderate, high, and very high FHSZ as identified by Cal Fire for the City of Del Mar, which map is titled the "Del Mar Fire Hazard Severity Zones" ("FHSZ Map") and is attached hereto as Exhibit "1" and incorporated herein by reference; and WHEREAS, pursuant to Government Code 51178.5, the Del Mar Fire Hazard Severity Zone (FHSZ) Map was made available for review and public comment at the Del Mar City Hall during business hours, and on the City’s website on March 28, 2025. The Del Mar FHSZ Map was also shared in the City’s electronic newsletter, the Del Mar Weekly, on March 28, 2025. These opportunities for the public to review the FHSZ Map satisfy the 30-day public comment notification requirement under Government Code Section 51178.5; and
WHEREAS, on May 23, 2025, the notice of a City Council public hearing was published in the Coast News and mailed notices were sent to all property owners and occupants in the City of Del Mar; and
WHEREAS, on June 2, 2025, the City Council held a duly noticed public hearing and voted to introduce the Fire Hazard Severity Zones Map Ordinance.
NOW, THEREFORE, the City Council of the City of Del Mar, California, hereby ordains as follows:
SECTION ONE:
The City Council hereby finds and declares that: The updated Fire Hazard Severity Zone Map was transmitted to the City of Del Mar by the California Department of Forestry and Fire Protection; The designation of these zones is necessary for public safety and the protection of life, property, and natural resources from wildfire; The Ordinance complies with all applicable procedural and substantive requirements under California law.
Attachment A 5 June 2, 2025 Item 12
Ordinance No. XXXX
SECTION TWO:
The City Council of Del Mar hereby designates within the City of Del Mar the moderate, high, and very high fire hazard severity zones, as required by California Government Code section 51179 and as transmitted by the Director of the California Department of Forestry and Fire Protection. The fire hazard severity zones are designated on a map titled "Del Mar Fire Hazard Severity Zones" (FHSZ Map). The FHSZ Map is intended to be used in conjunction with the most current edition of the California Building Standards Code (Title 24) and supersedes any other maps previously adopted by the City of Del Mar designating fire hazard severity zones.
SECTION THREE:
That Chapter 10.04 Fire Code of the Del Mar Municipal Code be amended to add Section
10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map to read as follows:
Section 10.04.015 – Adoption of Del Mar Fire Hazard Severity Zones Map On June 16, 2025, the City of Del Mar adopted the Del Mar Fire Hazard Severity Zones Map (FHSZ Map). A copy of the map is on file with the City Clerk.
SECTION FOUR:
The City shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the FHSZ Map provided by the State Fire Marshal, and the City shall transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption, as required by Government Code Section 51179.
SECTION FIVE:
This action is exempt from review under the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et. seq. and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.), pursuant to Government Code Sections 51175 (b) and 51179 (a), because the adoption of an ordinance to adopt the Fire Hazard Severity Zones Maps is not considered a project under Division 13 of the Public Resources Code.
SECTION SIX:
The Del Mar Fire Department is authorized to enforce this Ordinance and may conduct inspections, issue citations, and take other actions necessary to ensure compliance.
SECTION SEVEN:
Any provision of the Del Mar Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Attachment A 6 June 2, 2025 Item 12
Ordinance No. XXXX
SECTION EIGHT:
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
SECTION NINE:
This Ordinance shall take effect and be in force thirty (30) days after its passage and the City Clerk of the City of Del Mar is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of Del Mar.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 16th day of June, 2025. ________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 7 June 2, 2025 Item 12
Ordinance No. XXXX
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 16th day of June, 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 8 June 2, 2025 Item 12
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:21,000 at 11" x 17"
Km 0 1
Mi 0 1
Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Del Mar
SAN DIEGO
SAN DIEGO
SOLANA BEACH
S A N D I E G O C O .
March 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF DEL MAR – SAN DIEGO COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
Exhibit 1 to Attachment A 9 June 2, 2025 Item 12
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 1. CITIES AND COUNTIES [50001 - 52203]
( Division 1 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51298.5]
( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) 51175.
The Legislature hereby finds and declares as follows:
(a) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control.
Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety.
(b) The prevention of wildland fires is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead, a matter of statewide concern. It is the intent of the Legislature that this chapter apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. This subdivision shall not limit the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(c) It is not the intent of the Legislature in enacting this chapter to limit or restrict the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(Amended by Stats. 2008, Ch. 366, Sec. 1. Effective January 1, 2009.) 51176.
The purpose of this chapter is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51177.
Attachment B 10 June 2, 2025 Item 12
As used in this chapter:
(a) “Defensible space” means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
(b) “Director” means the Director of Forestry and Fire Protection. (c) “Fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation. (d) “Fuel management” means the act or practice of controlling flammability and reducing resistance to control of fuels through mechanical, chemical, biological, or manual means or by fire, in support of land management objectives. (e) “Local agency” means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. (f) “Single specimen tree” means any live tree that stands alone in the landscape so as to be clear of buildings, structures, combustible vegetation, or other trees, and that does not form a means of rapidly transmitting fire from the vegetation to an occupied dwelling or structure or from an occupied dwelling or structure to vegetation.
(g) “State responsibility areas” means those areas identified pursuant to Section 4102 of the Public Resources Code.
(h) “Vegetation” means all plants, including trees, shrubs, grass, and perennial or annual plants.
(i) “Very high fire hazard severity zone” means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area.
(j) “Wildfire” means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. (Amended by Stats. 2021, Ch. 382, Sec. 1.5. (SB 63) Effective January 1, 2022.) 51178.
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) 51178.5.
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information Attachment B 11 June 2, 2025 Item 12
shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps.
(Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) 51179.
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. (b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively.
(3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. (c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption.
(d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map.
(Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) 51180.
For the purposes of Division 3.6 (commencing with Section 810) of Title 1, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural Attachment B 12 June 2, 2025 Item 12
condition of public property. This section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this chapter.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51181.
The State Fire Marshal shall periodically review the areas in the state identified as very high fire hazard severity zones pursuant to this chapter, and as necessary, shall make recommendations relative to very high fire hazard severity zones. This review shall coincide with the review of state responsibility area lands every five years and, when possible, fall within the time frames for each county’s general plan update. Any revision of areas included in a very high fire hazard severity zone shall be made in accordance with Sections 51178 and 51179.
(Amended by Stats. 2021, Ch. 225, Sec. 7. (AB 9) Effective January 1, 2022.) 51182.
(a) A person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following:
(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers.
The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section.
Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds.
(B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification Attachment B 13 June 2, 2025 Item 12
beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. (C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation. (2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(5) Before constructing a new dwelling or structure that will be occupied or rebuilding an occupied dwelling or occupied structure damaged by a fire in that zone, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure.
Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. (b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.
(c) (1) The State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this Attachment B 14 June 2, 2025 Item 12
chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize the spread of flammable nonnative grasses and weeds, minimize water consumption, and permit trees and shrubs near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion such as woodpiles, propane tanks, decks, and outdoor lawn furniture.
(2) On or before January 1, 2023, the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, shall update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Existing and new structures shall meet the same standard for the ember-resistant zone, but regulations shall allow the staging of work for existing structures to support implementation of the emberresistant zone and address the costs of compliance. (d) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the State Board of Forestry and Fire Protection or the Office of the State Fire Marshal to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
(Amended by Stats. 2024, Ch. 982, Sec. 1. (SB 504) Effective January 1, 2025.) 51183.
(a) The local agency may exempt from the standards set forth in Section 51182 structures with exteriors constructed entirely of nonflammable materials, or conditioned upon the contents and composition of the structure, and may vary the requirements respecting the management of fuels surrounding the structures in those cases. This subdivision does not authorize a local agency to vary a requirement that is a building standard subject to Section 18930 of the Health and Safety Code, except as otherwise authorized by law.
(b) An exemption or variance under subdivision (a) shall not apply unless and until the occupant of the structure, or if there is no occupant, then the owner of the structure, files with the local agency a written consent to the inspection of the interior and contents of the structure to ascertain whether Section 51182 is complied with at all times.
(Amended by Stats. 2008, Ch. 366, Sec. 5. Effective January 1, 2009.) 51183.5.
(a) A transferor of real property that is located within a very high fire hazard severity zone, designated pursuant to this chapter, shall disclose to any prospective Attachment B 15 June 2, 2025 Item 12
transferee the fact that the property is located within a very high fire hazard severity zone, and is subject to the requirements of Section 51182. (b) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a very high fire hazard severity zone. (2) A map that includes the property has been provided to the local agency pursuant to Section 51178, and a notice is posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency.
(c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means:
(1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code.
(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.
(d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a very high fire hazard zone, the transferor shall mark “Yes” on the Natural Hazard Disclosure Statement. The transferor may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.
(e) Section 1103.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Amended by Stats. 1999, Ch. 876, Sec. 7. Effective January 1, 2000.) 51184.
(a) Section 51182 shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses:
(1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.
(2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
Attachment B 16 June 2, 2025 Item 12
(3) Open space lands that are environmentally sensitive parklands. (4) Other lands having scenic values, as declared by the local agency, or by state or federal law.
(b) This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that dedication. (c) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.
(d) In the event that any lands adjacent to any land or water area described in subdivision (a) are improved such that they are subject to Section 51182, the obligation to comply with Section 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance activities and other fire prevention measures required by Section 51182 shall be required only for the improved lands, not the land and water areas described in subdivision (a). (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51185.
(a) A violation of Section 51182 is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) If a person is convicted of a second violation of Section 51182 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(c) If a person is convicted of a third violation of Section 51182 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500).
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51186.
(a) The local agency having jurisdiction of property upon which conditions regulated by Section 51182 are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder’s office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. (b) (1) Each local agency having jurisdiction of property upon which conditions that are regulated by Section 51182 apply shall make reasonable efforts to provide notice to affected residents within the jurisdiction of the local agency describing the Attachment B 17 June 2, 2025 Item 12
requirements added by the amendments to paragraph (1) of subdivision (a) of Section 51182 made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements. (2) (A) The requirement for an ember-resistant zone pursuant to Section 51182 shall not take effect for new structures until the State Board of Forestry and Fire Protection updates the regulations, pursuant to paragraph (1) of subdivision (a) of Section 51182, and the guidance document, pursuant to paragraph (2) of subdivision (c) of Section 51182.
(B) The requirements for an ember-resistant zone pursuant to Section 51182 shall take effect for existing structures three years after the effective date for the new structures.
(Amended by Stats. 2024, Ch. 982, Sec. 2. (SB 504) Effective January 1, 2025.) 51187.
Any violation of Section 51182 may be considered a public nuisance pursuant to Section 38773.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51188.
In the instance of conflict between this chapter and any provision of state law that allows a regional planning agency to regulate very high fire hazard severity zones, this chapter shall prevail.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.) 51189.
(a) The Legislature finds and declares that site and structure defensibility is essential to reduce the risk of structure ignition as well as for effective fire suppression by firefighters. This need to establish defensibility extends beyond the site fuel management practices required by this chapter, and includes, but is not limited to, measures that increase the likelihood of a structure withstanding ignition, such as building design and construction requirements that use fire resistant building materials, and standards for reducing fire risks on structure projections, including, but not limited to, porches, decks, balconies and eaves, and structure openings, including, but not limited to, attic, foundation, and eave vents, doors, and windows.
(b) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall, pursuant to Section 18930 of the Health and Safety Code, recommend updated building standards that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and Attachment B 18 June 2, 2025 Item 12
to protect vegetation from fires spreading from adjacent structures, based on information learned from the 2017 wildfire season.
(c) (1) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. The Department of Forestry and Fire Protection shall incorporate the list in its fire prevention education and outreach efforts. (2) In addition to the requirements of paragraph (1), the list shall include a guidance document, including regionally appropriate vegetation management suggestions that preserve and restore native plant species that are fire resistant or drought tolerant, or both.
(d) (1) The Office of the State Fire Marshal shall develop a model defensible space program that shall be made available for use by a city, county, or city and county in the enforcement of the defensible space provisions of Section 51182 of this code and subdivision (a) of Section 4291 of the Public Resources Code. In the development of this program, the State Fire Marshal shall consult with representatives from local, state, and federal fire services, local government, building officials, utility companies, the building industry, insurers and insurance research organizations, and the environmental community. Components of the program shall include, but not be limited to, all of the following:
(A) General guidelines for creating and maintaining defensible space around specified structures, including appropriate guidelines and definitions for vegetation management.
(B) Provisions for fuel modification beyond the property line, including on unimproved lots, in order to maintain 100 feet of defensible space from a structure.
(C) Suggested minimum qualifications needed for enforcement personnel. (D) Enforcement mechanisms for compliance with and maintenance of defensible space requirements, including, but not limited to, the following:
(i) Site inspections.
(ii) Procedures for notifying a property owner of a violation. (iii) Timelines for corrective action by a property owner and for reinspection.
(iv) Citations requiring abatement of a violation and subsequent removal of a fire hazard within the defensible space boundaries.
(v) Suggested administrative procedures that allow for appeal of the citation by the property owner.
Attachment B 19 June 2, 2025 Item 12
(2) If a defensible space program is adopted, the local agency for enforcement of this program may recover the actual cost of abatement and may cause a notice of abatement lien to be recorded in the county in which the real property is located. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement was ordered by the local agency and the date the abatement was completed, and include a description of the real property subject to the lien and the amount of the abatement cost. (3) The model defensible space program required pursuant to this subdivision shall be updated whenever the State Board of Forestry and Fire Protection substantially updates the guidance documents created pursuant to subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code.
(4) In order to develop and implement this subdivision and support any required update of the guidance documents identified in subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code, the Office of the State Fire Marshal is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, pursuant to Section 18931.7 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 382, Sec. 5. (SB 63) Effective January 1, 2022.) Attachment B 20 June 2, 2025 Item 12
Public Comment Del Mar FHSZ Map
# Date Comment
1 3/29/2025 I am very concerned about the risk of being dropped by our home owner's insurance given the zoning of our neighborhood in 'very high severity'. We are removing the trees in zone 0 within 5 feet of our home that are highly flammable (Hollywood Junipers) but have no control over the Torrey Pines all around us, that also hang over the power lines. These Torrey Pines, while stunningly beautiful, are unnaturally large because they tap into irrigation systems. And yet, they are protected so there is not much to be done for that which poses the real risk looming over our roof. We spent $6000 (divided with our neighbor) to cut down some of the most risky branches last year after a spontaneous branch fall onto the power lines taking out power in our neighborhood for over 1 day. Protected trees + power lines + high fire risk is not a comforting combo and yet we have limited options to truly protect our homes given the protected status of the Torrey Pines. I love these trees, I love all trees but I don't love the possibility of losing our insurance, our roof or our home because of them. Torrey Pines were never meant to grow this large. The spontaneous branch fall that took out the power line last year could have killed someone. The power lines protected our neighbors' roof when they caught the branch and snapped. It could have been so much worst. It will be if there is a fire. I hope more will be done to address the risk these trees pose to safety and fire hazard, and more will be done by the city to mitigate this risk. Thank you.
2 3/30/2025 I've had a fire inspector come to our property and we have done everything possible to make our property fire safe. I am in the process of buying a pump I can use for my pool as well as another product that can be used to prevent fires. My concern is some neighbors homes in the vicinity have not done the same things. As a community, we need to come together to ensure ALL of our properties have been deemed safe to safe guard the community at large. Some tree species are more of a hazard as are types of roofs and building materials. In this climate we have to take responsibility for our properties to protect ourselves as well as our neighbors.
Attachment C 21 June 2, 2025 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Marco Camacho, Finance Manager/Treasurer
Martin Boyd, Principal Engineer
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Consideration of an IBank Borrower’s Resolution Related to Undergrounding Program Financing
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Receive a presentation from City staff regarding updated Measure Q cashflow information; 2) Identify the maximum loan amount to be considered by IBank; and 3) Approve the Borrower’s Resolution required by IBank for Undergrounding Financing (Attachment A).
BACKGROUND:
On February 3, 2025, the Council directed staff to pursue debt financing through the California Infrastructure and Economic Development Bank (IBank) and report back with additional information about the loan process. The Council also requested that staff work with the City’s consultant, NHA Advisors, on an updated cashflow analysis to better understand the impact of not including funds for Stratford Court North (1B) in the financing.
Staff reported back to the Council with the requested IBank information and results of the updated cashflow analysis on March 3, 2025. The key steps in the IBank loan process were described, and recently obtained short-term borrowing interest rates provided by the IBank team were presented. Four updated cashflow scenarios were also presented for $17 and $14 million in borrowings over both 15- and 10-year terms. These scenarios were derived in part by ensuring the annual Measure Q fund balance remained equal to or greater than the anticipated debt service payment. Project completion schedules for Utility Undergrounding Districts X1A, 1B and 2 were also described under each scenario for comparative purposes and to inform the Council’s deliberations. Complete details of the staff presentation can be found in the Item 8 – Undergrounding Financing Agenda Report from the March 3, 2025 City Council meeting.
On March 3, 2025, the Council passed a motion to direct staff to submit a pre-application to IBank for a $17 million loan over a 10-year borrowing term and directed staff to bring back the IBank required Borrower’s Resolution for Council consideration. Additionally, staff was directed to evaluate a $15 million loan over a 15-year borrowing term consistent with the Council’s overall goal of keeping completion of Stratford Court North (1B) on schedule for construction completion in 2027, and borrowing the least amount possible. 1 June 2, 2025 Item 13
City Council Agenda Report
Consideration of IBank Borrower’s Resolution Related to Undergrounding Program Financing
June 2, 2025
DISCUSSION/ANALYSIS:
Based on Council direction on March 3, 2025, City staff submitted the loan pre-application to the IBank. City staff also refreshed the cashflow analysis and prepared the Borrower’s Resolution for Council consideration, as further discussed below.
Undergrounding Program Updates – Project Costs
The Council received an Undergrounding Program Update on April 21, 2025. Included in that presentation was positive information about SDG&E’s reduced project cost estimates. The following information has been accounted for in the updated cashflow scenarios.
The SDG&E costs for Stratford Court South (1A) have decreased by $2 million based on actual bid results. This represents a 55% reduction from the original pre-bid cost estimate provided in March 2024. The project scope was also revised to eliminate costs that were no longer applicable, and the project contingency was reduced from 30% to 15%.
The previous cost estimate of $5.5 million for Crest Canyon (X1A) was based on the pre-bid estimate for Stratford Court South (1A). This estimate was lowered to $4.9 million based on SDG&E’s estimate. Additionally, staff reported that SDG&E anticipated this cost estimate to decrease further with a revised estimate in the following weeks. On May 5, 2025, SDG&E submitted a revised preliminary cost estimate of $3.7 million for Crest Canyon (X1A) included as Attachment B.
The preliminary SDG&E cost estimate for Stratford Court North (1B) has been updated by the City using the latest Stratford Court South (1A) cost estimate as the basis. The new estimate is $0.9 million less than the previous estimate. To date, SDG&E has not provided a cost estimate. This project cost will continue to be refined as additional information, including quantities, are known.
The revised SDG&E estimates bring the total estimated cost reductions to $4.7 million.
However, these estimates will be revisited based on the results of the Crest Canyon (X1A) bidding process and once a SDG&E preliminary cost estimate is provided for Stratford Court North (1B).
Undergrounding Program Updates – Project Schedules
At the April 21 meeting, Council also requested more detail on the current project schedules for Stratford Court South (1A), Crest Canyon (X1A), and Stratford Court North (1B). The latest project schedule for all active undergrounding projects is included as Attachment C. Please note that the City’s construction schedule begins at the notice to proceed issued to the selected contractor, typically occurring a few weeks after City Council awards the construction contract.
Stratford Court South (1A)
The City’s construction activities for Stratford Court South (1A) were substantially completed in April 2025. Teichert Utilities remain in the district to address minor items and assist utility companies as needed. Final paving will occur following completion of utility service cutovers. 2 June 2, 2025 Item 13
City Council Agenda Report
Consideration of IBank Borrower’s Resolution Related to Undergrounding Program Financing
June 2, 2025
Note, additional full-width pavement improvements are scheduled as part of the Stratford Court South Pavement Improvements project in FY 2026–2027. Property owners are mostly complete with the installation of service lateral conduits with anticipated overall completion by May 2025. Telecommunications companies are actively working in all work zones. The City Council approved the SDG&E Cost Agreement on April 21, 2025. SDG&E is anticipated to begin construction in May, with service cutovers planned by August 2025, followed by pole removals by Fall 2025.
Crest Canyon (X1A)
The design for Crest Canyon (X1A) is complete and SDG&E has received all necessary easements. SDG&E’s quality control and bidding process will take approximately five months from April 2025, after which the City will receive the cost agreement with a preliminary invoice.
Based on this timeline, staff anticipates receiving both the City construction bids and the SDG&E cost agreement by August 2025, with City Council award of the construction contract expected by September 2025. The City’s construction duration is estimated at 12 months, with the full project timeline to pole removals estimated at 18 months.
Stratford Court North (1B)
The 60% design for Stratford Court North (1B) has been submitted by SDG&E. Staff and the consultant team are now working on formal design review; environmental review; extensive homeowner outreach; distribution of preliminary lateral and easement exhibits for homeowners to reference along with permit-to-enter forms for signature; and preparation of the City civil and telecommunications design. Completion of upcoming preconstruction and bidding activities following the formal design review will cumulatively take approximately 13- 18 months. Construction is currently anticipated in 2027, contingent upon the City receiving the necessary easements and permit-to-enter forms from property owners. The City’s construction duration is estimated at 6 months, with the full project timeline to pole removals estimated at 11 months.
Updated Cashflow Analysis
The cashflow scenarios, included as Attachment D, have been updated based on current information with a continued focus on financing Crest Canyon (X1A) and Stratford Court North (1B), while keeping an eye on any impacts to the completion of the Beach Colony (2) District.
The updated cashflows account for the latest project cost estimates described above, and the latest borrowing rates provided by IBank as of May 6, 2025. Additionally, consistent with the proposed FY25-26 and FY26-27 Operating and Capital Budget, the cashflow analysis also accounts for funding completion of the Shores Park Master Plan with Measure Q funds.
As directed by the City Council, the only source of funding included in the cashflows is Measure Q funds.
For reference, Table A below includes the summary results of the analysis presented to the Council on March 3, 2025. It summarizes the total estimated project and borrowing costs, along with timing for City construction completion, based on loans for $14 million and $17 million at terms of 10 and 15 years. The options in Table A that reflect a total borrowing of 3 June 2, 2025 Item 13
City Council Agenda Report
Consideration of IBank Borrower’s Resolution Related to Undergrounding Program Financing
June 2, 2025
$17 million included financing for Stratford Court North (1B), and the options that reflect a total borrowing of $14 million did not.
Table A – Prior Costs/Timing for Crest Canyon (X1A) & Stratford Court North (1B) as of March 3, 2025
*Base Cost total includes costs of X1A and 1B.
Updated cashflow scenarios are reflected in Table B below, which reflect the cost savings described above and $200,000 in funding for completion of the Shores Park Master Plan. The 10-year scenarios previously presented remain for direct comparison. In addition, a $15 million borrowing over a 15-year term is also included as directed by the Council on March 3, with the goal of keeping Stratford Court North (1B) on schedule to complete construction in 2027.
The updated financing scenarios provided below maintain a 2027 completion schedule for Crest Canyon (X1A) and Stratford Court North (1B), and allow for the Beach Colony (2) District to be completed 2-3 years sooner than previously anticipated.
Table B – Updated Costs/Timing for Crest Canyon (X1A) & Stratford Court North (1B) as of May 19, 2025
*Base Cost total includes costs of X1A and 1B.
The Council provided clear direction on March 3, that the preference is to borrow the least amount for the shortest period of time. With this direction in mind, it is reasonable to conclude that Scenario 5 in Table B best aligns with the Council’s stated borrowing preferences.
Recently, financial markets have displayed their volatility in many ways, including interest rates for borrowing. As part of the updated analysis, each scenario in Table B was tested by adjusting the displayed borrowing rate by a swing of 50 basis points in both directions (+/- Scenario Loan
Amount/Term
Interest
Rate
Base
Cost*
Inflation Financing
Costs
Total
Costs
UUD X1A
Completion
UUD 1B
Completion
UUD 2
Completion
1 $17M/15Yr 3.36% $23.3M $0.54M $4.92M $28.76M 2027 2027 2036 2 $14M/15Yr 3.36% $23.3M $0.73M $4.05M $28.08M 2027 2028 2036 3 $17M/10Yr 2.99% $23.3M $0.73M $2.92M $26.95M 2027 2028 2037 4 $14M/10Yr 2.99% $23.3M $0.93M $2.40M $26.63M 2027 2029 2037 Scenario Loan
Amount/Term
Interest
Rate
Base
Cost* Inflation Financing Costs
Total
Costs
UUD X1A
Completion
UUD 1B
Completion
UUD 2
Completion
1 $17M/10Yr 3.33% $20.55M $0.5M $3.21M $24.26M 2027 2027 2034 2 $15M/15Yr 3.73% $20.55M $0.5M $4.80M $25.85M 2027 2027 2034 3 $14M/10Yr 3.33% $20.55M $0.5M $2.65M $23.70M 2027 2027 2034 4 $12M/10Yr 3.33% $20.55M $0.5M $2.27M $23.32M 2027 2027 2034 5 $10M/10Yr 3.33% $20.55M $0.5M $1.89M $22.94M 2027 2027 2034 4 June 2, 2025 Item 13
City Council Agenda Report
Consideration of IBank Borrower’s Resolution Related to Undergrounding Program Financing
June 2, 2025
0.50%). Two applied measurements in these tests were ensuring that every year of the cashflow ended with a positive fund balance, and that the ending balance was equal to or greater than the estimated debt service payment. Each scenario passed all tests.
These tests have also increased confidence in recognizing the loan amount should be less than originally estimated. The economic and federal policy uncertainty will continue to affect borrowing rates. As a reminder, the IBank loan rate will be locked in at the time that the IBank Board of Directors (Board) approves the City’s loan application. This step in the process is anticipated to occur in mid-summer 2025.
IBank Pre-application Update
In accordance with prior Council direction, the loan pre-application packet was submitted to the IBank Credit Risk Committee for review on April 25, 2025. This review is anticipated to take between 6-8 weeks. Following the committee’s review, the City will receive an invitation to formally apply. Once the application is submitted the City’s request will move on to review by the IBank Board. This step may take several weeks, and the actual timing is partially based on the next scheduled monthly meeting of the Board.
The City’s formal application for Board consideration must identify the loan amount through a Council-approved Borrower’s Resolution. This resolution authorizes the submission of an application to IBank, authorizes the incurring of an obligation payable to IBank if the loan is approved, and serves as a declaration of official intent to reimburse certain expenditures from the proceeds of the loan obligation. The amount in the approved Borrower’s Resolution must be equal to or greater than the loan amount specified in the formal application submitted for IBank Board approval to avoid repeating several steps in the IBank loan process. During their review and approval process, the Board will set the interest rate based in part on the amount and duration of the borrowing. The Board’s approval at the meeting is final and initiates the loan closing process which can take 9-14 weeks, with access to the funds coming after the closing.
To ensure that the City can borrow more than the $10M identified as needed in the cashflows, should the bids for Crest Canyon (X1A) come in higher than currently anticipated, staff recommends including a loan amount of $11M in the Borrower’s Resolution. Doing so will prevent the City from being required to repeat all the steps in the borrowing process to allow for an increased loan amount should that be necessary. The City will have the opportunity to reduce the loan amount to $10M, or whatever amount is deemed necessary below $11M, based on the bids for Crest Canyon (X1A) during the loan closing process.
Next Steps
Following City Council approval, staff will submit the Borrower’s Resolution to IBank. Project cost information will continue to be monitored and evaluated in anticipation of submitting the formal application for IBank Board approval.
5 June 2, 2025 Item 13
City Council Agenda Report
Consideration of IBank Borrower’s Resolution Related to Undergrounding Program Financing
June 2, 2025
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to the recommended action.
The fiscal impacts related to the recommended action for this agenda item are described in detail above.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Utility Undergrounding is listed as a Tier 1 City Council priority for FY 2024-2025.
ATTACHMENTS:
Attachment A – Borrower’s Resolution
Attachment B – SDG&E Crest Canyon (X1A) Pre-Bid Cost Estimate Attachment C – Project Schedules
Attachment D – Revised Cashflows
6 June 2, 2025 Item 13
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA AUTHORIZING THE SUBMISSION OF AN APPLICATION
TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC
DEVELOPMENT BANK (“IBANK”) FOR FINANCING A CAPITAL
IMPROVEMENT PROJECT, AUTHORIZING THE INCURRING OF AN
OBLIGATION PAYABLE TO IBANK FOR THE FINANCING OF A CAPITAL
IMPROVEMENT PROJECT IF IBANK APPROVES SAID APPLICATION,
DECLARATION OF OFFICIAL INTENT TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF AN OBLIGATION, AND
APPROVING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and
WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated June 28, 2023, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and
WHEREAS, the City of Del Mar (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of the Utility Undergrounding District (UUD) X1A (Crest Canyon) and UUD 1B (Stratford Court North) projects including removal of poles, overhead wire and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service (“Project”) in an amount not to exceed $11,000,000; and
WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and
WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its General Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined 7 June 2, 2025 Item 13
Resolution No. 2025-XX
below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $11,000,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and
WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.
NOW, THEREFORE, be it resolved by the City Council of the City of Del Mar (the “City Council”) as follows:
Section 1. The City Council hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources;
b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities; c. That the Project is consistent with the General Plan of the City of Del Mar, and the General Plan of the County of San Diego;
d. The proposed financing is appropriate for the Project; e. The Project is consistent with the Criteria; and
f. It has considered (i) the impact of the Project on California’s land resources and the need to preserve such resources; (ii) whether the Project is economically or socially desirable; and (iii) whether the project is consistent with, and in furtherance of the State Environmental Goals and Policy Report (as defined in the Criteria).
Section 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations 8 June 2, 2025 Item 13
Resolution No. 2025-XX
implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law.
This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.
Section 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.
Section 4. The City Manager and his or her designee is hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to, the authority to make payments from General Fund revenues and other legally available sources of funds for the repayment of the Obligation and to provide covenants relating to the Obligation and as to any security or collateral securing the Obligation.
Section 5. If the Financing Application and the Obligation is approved by IBank, the City Manager and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.
Section 6. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 2nd day of June, 2025. _____________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
9 June 2, 2025 Item 13
Resolution No. 2025-XX
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 No. 2025-XX, 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
10 June 2, 2025 Item 13
May 5, 2025
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District X1A – Crest Canyon | Revised Preliminary Cost Estimate
Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for a revised preliminary cost estimate for the City of Del Mar’s Crest Canyon (District X1A) Rule 20 project, following the final pre-construction estimate for the Stratford Ct. South (District 1A) coming in lower than initially projected.
Crest Canyon (District X1A) is a Rule 20B project and will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.
Please note, SDG&E is providing the following cost estimates for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimates. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
11 June 2, 2025 Item 13
District X1A | Crest Canyon | Preliminary Cost Estimate Description.
Preliminary
Estimate
Contingency
(30%) Total
Cable & Connections $ 2,529,509 $ 758,853 $ 3,288,362
Cable Pole installation $ 278,778 $ 83,633 $ 362,411
Service Cutovers $ 336,285 $ 100,885 $ 437,170
Overhead Removals (Non-Billable) $ 1,112,655 $ 333,796 $ 1,446,451 Subtotal Electric Scope $ 4,257,226 $ 1,277,168 $ 5,534,394 Less Overhead Equivalent (Credit) $ 319,888 $ 95,966 $ 415,854 Less Overhead Removals (Credit) $ 1,112,655 $ 333,796 $ 1,446,451 BILLABLE TOTAL $ 2,824,684 $ 847,405 $ 3,672,089
Please contact Ilario Romano or me with any questions or concerns.
Sincerely,
Kelli Fitzgerald
Franchise Planning & Project Management
Manager
M 858.239.5764
cc:
Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager 12 June 2, 2025 Item 13
ID Task Name
1 UUD 1A
2 1A SDGE Prelim Design
3 1A Utility & Civil Design
4 1A Bidding & Contracting
5 1A Construction
6 1A City Construction
7 1A Homeowner Laterals
8 1A Utility Construction
9 UUD X1A
10 X1A SDGE Prelim Design
11 X1A Utility & Civil Design
12 X1A Bidding & Contracting
13 X1A Construction
14 X1A City Construction
15 X1A Homeowner Laterals
16 X1A Utility Construction
17 UUD 1B
18 1B District Formation
19 1B SDGE Prelim Design
20 1B Utility & Civil Design
21 1B Bidding & Contracting
22 1B Construction
23 1B City Construction
24 1B Homeowner Laterals
25 1B Utility Construction
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2026 2027 2028
13 June 2, 2025 Item 13
City of Del Mar
Undergrounding Project Financing Analysis
$10 Million, 10-Year Amortization
FYE
Beginning
Measure Q
Reserves
Measure Q
Revenues Paving Shores Other UUD 1A UUD X1A UUD 1B UUD-25th UUD2 UUD 3 UUD 4 UUD 5 Total
Undergrounding
Project
Expenditures
Financing
Proceeds
Debt Service
Payments
Reserve
Interest
Earnings
Ending
Measure Q
Reserves
2024 7,769,899 3,780,939 75,000 193,231 236,018 470,474 142,174 51,920 5,516 - - 1,099,333 - 10,376,505 2025 10,376,505 3,400,000 - 326,263 7,283,882 120,883 264,000 - 1,054 - - 7,996,082 161,569 5,941,992 2026 5,941,992 3,485,000 136,500 200,000 435,000 - 11,845,023 227,784 100,000 - - - - 12,607,807 10,000,000 138,750 122,859 6,466,794 2027 6,466,794 3,572,125 47,500 210,000 - 2,717,075 4,632,540 - - - - 7,559,615 1,201,968 76,966 1,306,802 2028 1,306,802 3,661,428 75,000 - - 1,174,190 50,258 3,769,298 2029 3,769,298 3,752,964 75,000 - - 1,173,699 100,429 6,373,991 2030 6,373,991 3,846,788 75,000 - - 1,173,192 153,466 9,126,053 2031 9,126,053 3,942,958 75,000 419,428 419,428 1,172,668 205,280 11,607,194 2032 11,607,194 4,041,532 75,000 434,108 434,108 1,172,127 255,747 14,223,238 2033 14,223,238 4,142,570 75,000 898,603 898,603 1,171,567 304,439 16,525,076 2034 16,525,076 4,246,134 75,000 18,147,675 18,147,675 1,170,989 179,026 1,556,572 2035 1,556,572 4,352,287 75,000 - - 1,170,391 62,200 4,725,669 2036 4,725,669 4,461,095 75,000 - - 1,169,774 126,677 8,068,666 2037 8,068,666 4,572,622 75,000 - 206,350 12,772,638
2038 12,772,638 4,686,938 75,000 - 301,572 17,686,148
2039 17,686,148 4,804,111 75,000 - 401,014 22,816,273
2040 22,816,273 4,924,214 75,000 - 504,818 28,170,304
Notes/Assumptions:
Revenues of $3,780,939 in FYE 2024 and $3,400,000 in FYE 2025; 2.50% growth thereafter.
Project costs adjusted based on timing of expenditures.
Assumes project base cost in 2024$ with inflation of 3.50% annually.
Assumes $10 million borrowing.
Debt Service Assumptions:
Assumes Ibank loan closes September 1, with principal payments occurring annually in August and interest payments occurring each August 1 and February 1. Analysis assumes first interest payment February 1, 2026 (FY 2026) and first principal payment August 1, 2026 (FY 20 For 10-year maturity, assumes final payment August 1, 2035 (FY 2036). 10-year DS repayment at 3.33% (rate provided by I-Bank on May 6, 2025), inclusive of 0.15% annual servicing fee.
Reserve earnings assumed at 2% based on average of beginning balance and ending balance net of earnings.
Undergrounding Project Expenditures
14 June 2, 2025 Item 13
City of Del Mar
Undergrounding Project Financing Analysis
Comparison of Current $10 Million, 10-Year Amortization Cashflow Model to Prior $17 million, 10-Year Amortization Cashflow Model FYE
Current Model
with $10 million,
10-Year
Prior Model with
$17 million, 10-
Year
Measure Q
Revenues Paving Shores
Current Model
with $10
million,
10-Year
Prior Model
with $17 million,
10-Year Difference
Current Model
with $10
million,
10-Year
Prior Model
with $17 million,
10-Year Difference
Current Model
with $10
million,
10-Year
Prior Model
with $17 million,
10-Year Difference
Current Model
with $10
million,
10-Year
Prior Model
with $17 million,
10-Year Difference
Current Model with
$10 million,
10-Year
Prior Model
with $17 million,
10-Year Difference
A B C D E F G H I = A+B-C-D-E+F-G+H
2024 7,769,899 7,769,899 3,780,939 75,000 1,099,333 1,099,333 - - - 10,376,505 10,376,505 - 2025 10,376,505 10,376,505 3,400,000 - 7,996,082 9,752,403 (1,756,321) 161,569 143,096 18,473 5,941,992 4,076,198 1,865,794 2026 5,941,992 4,076,198 3,485,000 136,500 200,000 12,607,807 14,324,549 (1,716,742) 10,000,000 17,000,000 (7,000,000) 138,750 1,991,902 (1,853,152) 122,859 122,459 400 6,466,794 8,292,206 (1,825,412) 2027 6,466,794 8,292,206 3,572,125 47,500 7,559,615 8,272,107 (712,491) 1,201,968 1,991,902 (789,933) 76,966 98,175 (21,209) 1,306,802 1,623,498 (316,696) 2028 1,306,802 1,623,498 3,661,428 75,000 - - - 1,174,190 1,991,902 (817,711) 50,258 48,415 1,843 3,769,298 3,266,440 502,858 2029 3,769,298 3,266,440 3,752,964 75,000 - - - 1,173,699 1,991,902 (818,202) 100,429 82,189 18,239 6,373,991 5,034,692 1,339,300 2030 6,373,991 5,034,692 3,846,788 75,000 - - - 1,173,192 1,991,902 (818,709) 153,466 118,493 34,973 9,126,053 6,933,071 2,192,982 2031 9,126,053 6,933,071 3,942,958 75,000 419,428 - 419,428 1,172,668 1,991,902 (819,234) 205,280 157,422 47,858 11,607,194 8,966,548 2,640,645 2032 11,607,194 8,966,548 4,041,532 75,000 434,108 - 434,108 1,172,127 1,991,902 (819,775) 255,747 199,077 56,670 14,223,238 11,140,256 3,082,982 2033 14,223,238 11,140,256 4,142,570 75,000 898,603 - 898,603 1,171,567 1,991,902 (820,335) 304,439 243,562 60,877 16,525,076 13,459,486 3,065,590 2034 16,525,076 13,459,486 4,246,134 75,000 18,147,675 488,694 17,658,982 1,170,989 1,991,902 (820,913) 179,026 286,095 (107,069) 1,556,572 15,436,119 (13,879,547) 2035 1,556,572 15,436,119 4,352,287 75,000 - 505,798 (505,798) 1,170,391 1,991,902 (821,510) 62,200 326,518 (264,318) 4,725,669 17,542,226 (12,816,557) 2036 4,725,669 17,542,226 4,461,095 75,000 - 1,047,002 (1,047,002) 1,169,774 1,169,774 126,677 384,235 (257,559) 8,068,666 21,265,554 (13,196,888) 2037 8,068,666 21,265,554 4,572,622 75,000 - 23,363,410 (23,363,410) 206,350 236,653 (30,304) 12,772,638 2,636,419 10,136,219 2038 12,772,638 2,636,419 4,686,938 75,000 - - - 301,572 98,848 202,724 17,686,148 7,347,204 10,338,943 2039 17,686,148 7,347,204 4,804,111 75,000 - - - 401,014 194,235 206,779 22,816,273 12,270,551 10,545,722 2040 22,816,273 12,270,551 4,924,214 75,000 - - - 504,818 293,903 210,914 28,170,304 17,413,667 10,756,637 Total 49,162,652 58,853,295 (9,690,643) 10,000,000 17,000,000 (7,000,000) 11,889,316 19,919,017 (8,029,701) 3,212,669 3,033,377 179,292 Note: Paving and Shores costs differ slightly in 2025 and 2026 from between current and prior models. Due to the small differences, the comparison is not shown in the above analysis.
Beginning Measure Q Reserves Measure Q Revs, Paving & Shores Costs Total Undergrounding Project Expenditures Financing Proceeds Debt Service Payments Reserve Interest Earnings Ending Measure Q Reserves 15 June 2, 2025 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Ashlea Houston, Management Analyst
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Discussion of Regulations for Bicycles, Including Electric Bicycles, in the City of Del Mar
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction to staff on proposed regulations for bicycles, including e-bikes, on trails and sidewalks in the City of Del Mar.
BACKGROUND:
In Del Mar, like other neighboring jurisdictions, the rapid increase in e-bike riders has highlighted the need to adopt local regulations to promote the safety of both pedestrians and bicycle riders, including e-bike riders. Bicycles, including e-bikes, are regulated by State code; however, cities are permitted to adopt local regulations by ordinance for their specific needs. Currently, aside from the Pilot Bike Share Program governed under DMMC Chapter 14.60, the Del Mar Municipal Code (DMMC) lacks a specific chapter dedicated to bicycle/e-bike regulations.
The cities of Encinitas and Solana Beach adopted updates to their municipal codes in 2023 to provide the San Diego County Sheriff’s Department (Sheriff’s Department) with education tools for e-bike riders and alternative enforcement options. The Sheriff’s Department encourages consistent enforcement across the three cities served by the North Coastal Sheriff’s Station, which includes Del Mar, Encinitas, and Solana Beach.
Given this, the Fiscal Year (FY) 2024-2025 City Council Work Plan includes a Tier 2 priority work item to update the DMMC to add bicycle/e-bike regulations similar to those in Encinitas and Solana Beach.
On April 7, 2025, the City Council conducted a public hearing to introduce an ordinance to add Chapter 14.54 to the DMMC to regulate bicycle and e-bike activity in the City of Del Mar. The proposed new Chapter 14.54 would provide a Citywide definition of bicycles, to include e-bikes, consistent with the definition under the California Vehicle Code (CVC); specify regulations applicable to riders and their passengers; and give the Sheriff’s Department authority to divert first-time bicycle/e-bike offenders to a bicycle safety training program rather than issuing a citation. The Sheriff’s Department collaborated with City staff on the proposed regulations. 1 June 2, 2025 Item 14
City Council Agenda Report
Discussion of Regulations for Bicycles, Including Electric Bicycles, in Del Mar June 2, 2025
During the public hearing, the City Council was presented with two minor revision options to Subsection (C) of Section 14.54.040 of the proposed ordinance, which prohibited bicycle riding on “any street with a designated bicycle path or way.” The two options clarified when a bicycle must ride in the bike lane, and when exceptions apply under the CVC. These options were outlined in a Red Dot submitted by City staff prior to the public hearing. The agenda report and Red Dots for Item 10 of the April 7, 2025, agenda may be accessed in the following link: https://www.delmar.ca.us/DocumentCenter/View/9910/ 04072025-Item-10-Agenda-Report_Red-Dots
The City Council also discussed expanding the restrictions in the proposed ordinance to prohibit bicycles on all sidewalks, rather than only sidewalks in business districts and on roadways where a bike lane is present, as originally proposed. The Council ultimately voted to approve the introduction of the ordinance with the amendment described in option two of the staff Red Dot, and directed staff to return with more information about how to regulate bikes on sidewalks.
DISCUSSION/ANALYSIS:
The purpose of this agenda item is to facilitate Council discussion and receive direction for regulating bicycles and e-bikes on trails and sidewalks in Del Mar to include in a revised ordinance.
After the April 7 public hearing, staff conducted research and received additional public input related to the ordinance. Any substantive changes to the proposed ordinance, such as amending provisions related to sidewalk restrictions, generally requires the ordinance to be re-introduced before adoption. Given this, staff is asking for Council direction on regulating bicycles, including e-bikes, on trails and sidewalks to inform a revised ordinance that will be re-introduced during a public hearing at a future Council Meeting.
Coast to Crest Trail Restrictions
Staff received an email from a resident related to bicycle and e-bike restrictions on the Coast to Crest Trail. Upon conducting further research and consideration, staff proposes that the Council discuss amending the DMMC as outlined below.
The Coast to Crest Trail is part of the San Dieguito River Park (SDRP) system, extending across multiple jurisdictions including the City of Del Mar. The Coast to Crest Trail is managed by the SDRP Joint Powers Authority (SDRP JPA); however, trail restrictions are informed by the regulations of each local jurisdiction. The DMMC currently prohibits bicycles on any trail or walkway within the San Dieguito Lagoon and River Valley, unless designated and signed as permitting bicycle access (see DMMC Section 8.12.030, Subsection D).
Based on communications with the SDRP JPA, staff recommends amending Chapter
8.12 of the DMMC to expressly permit bicycles, including class 1 and class 2 e-bikes, on the Coast to Crest Trail. The update would align Del Mar with the regulations of other jurisdictions along the Coast to Crest Trail, including the current enforcement practices of the neighboring City of San Diego; promote consistent enforcement; and provide clarity for bicycle and e-bikes riders using the trail to travel between multiple jurisdictions. 2 June 2, 2025 Item 14
City Council Agenda Report
Discussion of Regulations for Bicycles, Including Electric Bicycles, in Del Mar June 2, 2025
Bicycle and e-bike riding would remain prohibited on the boardwalk and Riverpath Del Mar.
Sidewalk Restrictions
Regarding sidewalk restrictions, Section 21026 of the CVC gives the City authority to regulate the operation of bicycles on pedestrian facilities, including sidewalks. Therefore, the City can expressly prohibit riding bicycles on any or all sidewalks in the City, if desired.
Given this, staff conducted research on sidewalk restrictions for bicycles in the seventeen cities and unincorporated area of San Diego County to provide insight for Council discussion. A summary of the findings is presented in the table below:
Sidewalk Restrictions Cities Notes
1. Citywide Carlsbad, Coronado*, Escondido,
Vista**
*Coronado: E-bikes only. **Vista:
Exceptions in signed, approved
areas.
2. Business Districts &
Additional Areas
Chula Vista, Encinitas, National
City, Oceanside, San Diego, San
Marcos, Solana Beach
Additional areas may include
residential districts, streets with
bike lanes, signed areas, etc.
3. Business Districts Only
Imperial Beach, Lemon Grove,
Poway, Unincorporated San Diego
County
4. Other Restrictions El Cajon, Santee
El Cajon: Civic Center area ban.
Santee: Riding allowed unless
blocking sidewalk and/or
pedestrian access.
5. No Restrictions La Mesa
As noted in the table, the cities of Carlsbad, Coronado, Escondido, and Vista have adopted variations of citywide sidewalk restrictions. Carlsbad and Escondido prohibit bicycles, including e-bikes, on all sidewalks. Vista prohibits bicycles and e-bikes on all sidewalks, except in areas with designated City signage (Vista Municipal Code Section
10.68.030). Coronado prohibits e-bikes on all sidewalks, while bicycles are restricted in business districts and other areas designated by the City (Coronado Municipal Code Sections 56.08.054 and 56.18.050).
The ordinance presented by staff on April 7 proposed bicycle and e-bike sidewalk restrictions similar to those of Solana Beach and Encinitas. Currently, Encinitas prohibits bicycle and e-bike riding on sidewalks in business districts and areas with designated City signage (Encinitas Municipal Code Section 14.56.020). Solana Beach prohibits bicycle and e-bike riding on sidewalks in business districts and areas where a bicycle lane is present (Solana Beach Municipal Code Section 10.44.010).
Staff contacted the cities of Encinitas and Solana Beach to understand their reasoning for prohibiting sidewalk riding in specific areas, rather than citywide. The two cities cited considerations such as accommodating young riders who may not be confident riding in 3 June 2, 2025 Item 14
City Council Agenda Report
Discussion of Regulations for Bicycles, Including Electric Bicycles, in Del Mar June 2, 2025
the road, promoting social equity, and addressing community interests as primary reasons for their current level of restrictions. In Encinitas specifically, staff shared that many young riders aged ten and under use sidewalks to safely travel to school, which is why they allow this use. In addition, both Encinitas and Solana Beach are served by the North Coastal Sheriff’s Station, which encourages consistent enforcement among cities in its jurisdiction.
Staff also contacted the Sheriff’s Department for input on citywide sidewalk restrictions.
While the Sheriff’s Department does not take a position for or against such restrictions, it provided a brief summary of the potential benefits and limitations. Benefits to citywide sidewalk restrictions for bicycles include the opportunity to enhance pedestrian safety, particularly in areas with high foot traffic. Alternatively, such restrictions could limit cyclist mobility, especially in areas lacking designated bike lanes. The Sheriff’s Department also noted that in Del Mar, where there is currently no prohibition of bikes on sidewalks, there have been no reported collisions between a cyclist and a pedestrian in the last five years.
The San Diego Bike Coalition supports restricting bicycle use on sidewalks specifically in commercial areas and heavily trafficked pedestrian areas. The Coalition cited safety concerns as a primary reason to allow bicycling on some City sidewalks, noting that many roadways are too dangerous or high-speed for some bicyclists, especially young children.
In addition, staff received various public communications related to sidewalk restrictions after the April 7 public hearing. One comment addressed sidewalks in Del Mar that are frequently used by cyclists, and highlighted at least one area where cyclists use the sidewalk to avoid unsafe road conditions. The resident identified the following sidewalks as important for continued bike and e-bike access:
Sidewalk pathway connecting Stratford Court to Camino del Mar — signage indicates a Bike Route.
Sidewalk near the intersection of Jimmy Durante Boulevard and San Dieguito Drive — sidewalk merges into bike lane.
Sidewalk on Del Mar Heights Road, westbound — unsafe road conditions for cyclists.
Del Mar Parking and Community Enforcement staff confirmed that these areas are regularly used by cyclists, including their own bicycle patrol officers. The Parking and Community Enforcement staff did not identify any additional sidewalks used by their patrol officers beyond those listed above. Photographs and aerial overviews of each sidewalk location are included in Attachment A.
Given this information, staff has summarized potential sidewalk restriction options for Council consideration and discussion, ordered from the least to most restrictive:
4 June 2, 2025 Item 14
City Council Agenda Report
Discussion of Regulations for Bicycles, Including Electric Bicycles, in Del Mar June 2, 2025
1. Prohibit bicycles on sidewalks in business districts and when a bike lane is present.
2. Prohibit bicycles on all sidewalks, with exceptions for specified areas, and when reasonably necessary to leave the road to avoid debris or other hazardous conditions.
3. Prohibit bicycles on all sidewalks.
Option 1 maintains the restrictions proposed at the April 7 Council meeting, allowing for consistent enforcement across the three cities served by the North Coastal Sheriff’s Station. Option 2 establishes citywide sidewalk restrictions with exceptions for specific areas, as shown in Attachment A, and for hazardous conditions. Option 3 establishes complete citywide sidewalk restrictions. Staff recommends the City Council discuss these options, along with other considerations, and provide direction on sidewalk and trail restrictions to inform a revised ordinance regulating bicycles, including e-bikes, in the City of Del Mar.
FISCAL IMPACT:
There is no fiscal impact or action to be taken related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
E-Bike Safety – Municipal Code Amendments is listed as a Tier 2 City Council priority for FY 2024-2025.
ATTACHMENTS:
Attachment A – Sidewalks Utilized by Cyclists in Del Mar 5 June 2, 2025 Item 14
Attachment A__
Sidewalks Utilized by Cyclists in Del Mar
__
Sidewalk pathway connecting Stratford Court to Camino del Mar — signage indicates a Bike Route.
Sidewalk near the intersection of Jimmy Durante Boulevard and San Dieguito Drive — sidewalk merges into bike lane.
Sidewalk on Del Mar Heights Road, westbound — unsafe road conditions for cyclists.
6 June 2, 2025 Item 14
Sidewalk pathway connecting Stratford Court to Camino del Mar 7 June 2, 2025 Item 14
Sidewalk near the intersection of Jimmy Durante Boulevard and San Dieguito Drive 8 June 2, 2025 Item 14
Sidewalk on Del Mar Heights Road, westbound
9 June 2, 2025 Item 14