Del Mar City Council
September 8, 2025

(Attach required acknowledgements)

ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 35 September 8, 2025 Item 10

ATTACHMENT B
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 8, 2025
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) – CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES (ACCOUNT 02.7000.7203)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2025.

Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $663,280, unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by April 2027, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A. The task order is subject to a contract extension for work beyond the initial contract term.

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

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

Approved by: Accepted by:

City of Del Mar Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Utility Specialists Southwest, Inc. - UUD X1A Construction Support Services Scope of Work 36 September 8, 2025 Item 10
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
PM KCM PC Fuscoe Total Cost
1 Construction Support
a Contract Administration: Invoice and Change Order review and processing (Based on 18 mos. Construction) 120.0 40.0 20.0 $32,300 b Construction Administration and Oversight: Daily construction monitoring and documentation, photo documentation, site observations, and documenting compliance with contract documents and specifications, Requests for Information (RFI) and Submittal management, weekly meetings, full time presence onsite during City Contractor construction, part time presence onsite during homeowner and utility agency construction, and increased communications and lateral coordination with homeowners and utility agency coordination. (Based on 18 mos. Construction - 49 weeks full time site presence and 29 weeks part time)

32.0 60.0 240.0 2295.0 52.0 $470,245
c Project status tracking and database updates duing construction (Based on 18 mos. Construction) 80.0 117.0 24.0 $38,355 d Project Accounting Support: Verification of invoices, lien release review, prevailing wage (Based on 18 mos. Construction) 80.0 48.0 40.0 $27,800 e Budget and Schedule Monitoring (Based on 18 mos. Construction) 80.0 12.0 $16,740 f Staking/Engineer's Const. Admin. services & RFI responses (Based on 18 mos. Construction) $35,000 $35,000 g Allowance for miscellaneous tasking as requested by City staff. 4.0 16.0 40.0 8.0 40.0 $19,400 h Closeout Services: Punchlist development and management, record drawings 24.0 60.0 8.0 $7,500 $23,440 Subtotal Other Services 36.0 0.0 76.0 664.0 8.0 2,600.0 156.0 $42,500 $663,280 Total Overall Hours 36.0 0.0 76.0 664.0 8.0 2,600.0 156.0 Average Hours per Week (based upon 18 month schedule) 1.1 8.5 33.3 2.0 Rate Per Hour $190 $215 $180 $195 $120 $175 $95
Total Cost $6,840 $0 $13,680 $129,480 $960 $455,000 $14,820 $42,500 Subtotal Estimated Cost During Construction
Total Estimated Cost for Task Order #03e - District X1A Estimated Costs During Construction $663,280 Exclusions
Attendance at Meetings/Hearings not Specifically Included Social Media Development, Operations - Assume by City Notifications to property owners regarding consequences of refusing to underground Graphic Design will be a Reimbursable Expense Participation in enforcement actions on homeowners refusing to underground Direct Mail will be a Reimbursable Expense Management of private lateral undergrounding excluded – assumes coordination only GIS Support and GIS Exhibits Communications Subconsultant Support - to be provided by City Consultant City geotechnical and structural inspections and testing Storm Water Compliance Services; Weekly, REAP and Quarterly site inspections by QSP 6/20/2025
City of Del Mar Undergrounding Program - Task Order #03e - District X1A Crest Services During Construction Utility Specialists & KCM Hourly Assumptions
Task Order #03e Services - District X1A Crest Services During Construction Task Order #03e includes construction management and support services for City construction and coordination services for utility agency construction and homeowner laterals through completion of construction for District X1A assuming total of 18 months construction from notice to proceed.
37 September 8, 2025 Item 10

ATTACHMENT C
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 8, 2025
NOVA Services, Inc. SENT VIA EMAIL
Attn: Danny J. Barnett/Andrew Neuhaus
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
[email protected] / [email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) AND SAN DIEGUITO DRIVE IMPROVEMNTS PROJECTS – GEOTECHNICAL SERVICES (ACCOUNTS 02.7000.7203) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the As-Needed Geotechnical Services Agreement between the City of Del Mar and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Consultant), the term for which is November 19, 2022, to November 19, 2025.

Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon) and San Dieguito Drive Improvements Projects, as described in the Consultant’s proposals included as Exhibits A and B to this Task Order. The project cost for this Task Order shall not exceed $119,633, unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by April 2027, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibits A and B. The task order is subject to a contract extension for work beyond the initial contract term.

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

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

Approved by: Accepted by:

City of Del Mar NOVA Services, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Danny J. Barnett Date
City Manager President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: NOVA Services, Inc. – UUD X1A Geotechnical Services Scope of Work 38 September 8, 2025 Item 10

GEOTECHNICAL

MATERIALS
SPECIAL INSPECTION DVBE ⬧ SBE ⬧ SDVOSB ⬧ SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
usa-nova.com 16610 Aston Street
Irvine, CA 92606
P: 949.388.7710

AUTHORIZATION TO PERFORM SERVICES
Martin Boyd | Principal Engineer June 24, 2025
City of Del Mar Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Project: District X1A Crest Canyon Conversion Improvement Plan San Dieguito Drive
Del Mar, California
Dear Martin:

This agreement is between NOVA Services, Inc., herein referenced as (NOVA) and The City of Del Mar, herein referenced as (Client).

The following is an estimate of the work to be performed and associated fees.

Estimated Fees
(CONTINUED NEXT PAGE)
GEOTECHNICAL SERVICES Quantity Per Hour / Each Total
Soils Technician - per hour 688 $ 120.19 $ 82,690.72
Nuclear Density Gauge, per day 90 $ 40.00 $ 3,600.00
Geotechnical Supervisor - per hour 15 $ 125.00 $ 1,875.00 Senior Engineer/Geologist - per hour 25 $ 180.00 $ 4,500.00 Subtotal: $ 92,665.72
LABORATORY TESTING Quantity Per Hour/Each Total
Compaction Curve - each 12 $ 240.00 $ 2,880.00
Sieve Analysis, with Wash - each 4 $ 135.00 $ 540.00
Hveem Stability and Unit Weight - each 8 $ 350.00 $ 2,800.00 R-Value - each 4 $ 300.00 $ 1,200.00
$ 7,420.00
$ 100,085.72
Word Processing/Administration 22 $ 65.00 $ 1,430.00
Monthly MetaField Reporting - per month 11 $ 375.00 $ 4,125.00 $ 5,555.00

GEOTECHNICAL STAFF, REPORTS, AND LABORATORY TESTING
ESTIMATED GEOTECHNICAL OBSERVATION AND TESTING SUBTOTAL:

PROJECT SUPPORT SERVICES
ESTIMATED PROJECT SUPPORT SERVICES SUBTOTAL:

Subtotal:
39 September 8, 2025 Item 10
Proposal for Materials Testing and Inspection Services
District X1A Crest Canyon Conversion
Del Mar, California
June 24, 2025
2 This is a time and materials estimate. NOVA is assuming 208 total days of construction of which we will have a technician on site approximately 60% of that time. The total quantities of our services will be directly dependent on the contractor’s schedule. Our services will be billed in accordance with Professional Services Agreements for As-Needed Geotechnical Services, dated November 19, 2022, between the City of Del Mar and NOVA Services, Inc.

NOVA appreciates the opportunity to be of continued service. Should you have any questions regarding this authorization or other matters, please do not hesitate to contact the undersigned at 619.922.6889.

Respectfully submitted,
NOVA Services, Inc.
______________________ ______________________
Dave Wozniak Andrew Neuhaus, PG, CEG
Operations Manager Senior Engineering Geologist
SPECIAL INSPECTION SERVICES Quantity Per Hour/Each Total Special Inspector (Concrete, Masonry) - per hour 80 $ 123.47 $ 9,877.60 Principal Engineer (Report Review/Consultation/Meetings) - per hour 5 $ 200.00 $ 1,000.00 $ 10,877.60
LABORATORY MATERIALS TESTING Quantity Per Hour/Each Total Concrete Cylinder Compression Test (4x8) - each 25 $ 30.00 $ 750.00 Composite Prism Masonry Unit - each 3 $ 185.00 $ 555.00 Compression Test, Mortar, Grout - each 24 $ 40.00 $ 960.00 Pick-Up/Delivery - per trip 10 $ 85.00 $ 850.00
$ 3,115.00
$ 13,992.60
$ 119,633.32

SPECIAL INSPECTION AND LABORATORY MATERIALS TESTING
ESTIMATED PROJECT TOTAL:

ESTIMATED INSPECTION AND MATERIAL TESTING SUBTOTAL:
6g
Subtotal:

Subtotal:
40 September 8, 2025 Item 10

ATTACHMENT D
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 8, 2025
HELIX Environmental Planning, Inc. SENT VIA EMAIL
Attn: Beth Ehsan
7578 El Cajon Blvd.

La Mesa, CA 91942
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) – ENVIRONMENTAL MONITORING SERVICES (ACCOUNT 02.7000.7203)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the As-Needed Environmental Consulting Services Agreement between the City of Del Mar and HELIX Environmental Planning, Inc. (Consultant), the term for which is October 1, 2021, to September 30, 2026.

Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon), as described in the Consultant’s proposal dated June 30, 2025, and included as Exhibit A to this Task Order. The project cost for this task order shall not exceed $123,400, unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order and be completed by April 2027, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A. The task order is subject to a contract extension for work beyond the initial contract term.

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

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

Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Andrea S. Bitterling Date
City Manager Planning Division Manager
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: HELIX Environmental Planning, Inc. - UUD X1A Environmental Monitoring Services Scope of Work
41 September 8, 2025 Item 10
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
01197.00008.000
Principal Engineer
City of Del Mar Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
858-375-9531 | [email protected]
Subject: Task Order Proposal to Provide Environmental Monitoring Consulting Services for the UUD X1A (Crest Canyon) Project
Dear Mr. Boyd:

HELIX Environmental Planning, Inc. (HELIX) is submitting this proposal (Proposal) to the City of Del Mar Public Works Department (Client) to provide environmental monitoring consulting services for the UUD X1A (Crest Canyon) Project (project) located in the City of Del Mar (City), San Diego County (County), California. This Proposal provides a Scope of Services under our existing Professional Services Agreement for As-Needed Environmental Consulting Services (Contract) dated October 1, 2021.

SCOPE OF SERVICES
Task 1: Archaeological and Native American Monitoring
HELIX will provide archaeological and Native American monitoring for the project. The proposed scope of work is as follows: attend a pre-construction meeting to explain the requirements of the monitoring program; provide an archaeological and Native American monitor for all trenching activities in soils with a potential for containing cultural material (e.g., not modern fill or formational material) along San Dieguito Drive, immediately adjacent to the lagoon; project scheduling, subconsultant coordination, and other general project coordination tasks; and prepare a report documenting the methods and results of the monitoring program for submittal to the City. For budgeting purposes, it is assumed that 2,200 feet of trench will require monitoring for an estimated 44 days of monitoring, based on an assumption of approximately 50 feet of pipeline trenched per day. A 6-hour day is assumed for the archaeological and Native American monitors, which assumes ground disturbances to be occurring for approximately 4 to 5 hours each day and one additional hour to account for travel time and daily notes. As a subcontractor to HELIX, Red Tail Environmental will provide Native American cultural monitoring.

In the event that previously unidentified archaeological or tribal cultural resources are discovered, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert June 30, 2025
Martin Boyd
42 September 8, 2025 Item 10

or temporarily halt ground disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored trenching can proceed.

Task 2: Biological Construction Monitoring
Under this task, HELIX shall conduct weekly construction monitoring to monitor environmental compliance and help ensure the project construction operating procedures and BMPs are implemented and maintained, as described in the Biological Resources Letter Report (BRL) prepared for the project (Busby Biological Services, 2021).

HELIX will prepare a Worker’s Education Awareness Program (WEAP) brochure and provide the PDF file and up to 20 hard copies to Client for distribution to project personnel. HELIX will attend one preconstruction meeting to present the WEAP training. The WEAP brochure will contain biological information and photographs of the sensitive biological resources on the project site. It will also contain a summary of the general restrictions during construction, requirements before commencing and after work finishes each day, and contact information for biological and cultural monitors, as well as the Designated Biologist. HELIX assumes Client will provide the WEAP brochure to project personnel who miss the pre-construction meeting.

Biological monitoring will occur during vegetation trimming and removal, and construction activities within sensitive habitats of the San Dieguito Lagoon and Crest Canyon Open Space. For cost estimate purposes, a 44-week construction monitoring period has been assumed with weekly monitoring visits for a total of up to 230 hours of Biologist III time, for attending a pre-construction meeting and ongoing biological construction monitoring. Following construction, the qualified biologist shall survey the project work areas to verify that authorized limits of work were not exceeded. Any issues with compliance will be shared with the City and the construction contractor by email following the visit.

Following the completion of construction, a brief post-construction letter report documenting biological monitoring during the project will be submitted via email to the City.

Task 3 Post-Construction Monitoring and Reporting Plan
A HELIX biologist with experience in the restoration of salt marsh and southern willow scrub habitats will prepare a post-construction monitoring and reporting plan to document and monitor sensitive biological resources temporarily impacted by project activities at the six poles covered by the Coastal Development Permit De Minimis Waiver. The plan will estimate impacts expected during construction and describe the methods to document site conditions before construction, within 30 days after construction, and approximately one year after construction to confirm revegetation of at least 90 percent of the pre-impact native cover in areas impacted by pole removal and/or other project-related activities. HELIX will submit the draft plan to the City via email in Word and PDF format, make one round of revisions per City comments, and submit the final plan to the City via email. Additional revisions would require a contract augment.

Due to the small size of the impact areas and the non-invasive nature of the impacts, HELIX assumes that native plant hydroseeding to be installed by the contractor as part of the project design will be sufficient for restoration without adding container plantings or temporary irrigation. HELIX could Letter to Martin Boyd Page 2 of 5
June 30, 2025
43 September 8, 2025 Item 10

Letter to Martin Boyd Page 3 of 5
June 30, 2025
perform additional seeding, planting, or other landscape installation or maintenance work under a contract augment if required.

This task also includes monitoring and reporting under the plan. Under this task, HELIX will conduct up to nine monitoring visits, including visits pre-construction, post-construction, during seeding, and periodic visits during the one-year monitoring period. Monitoring will include quantitative sampling of percent cover at the beginning and end of the monitoring period. Photos will be taken before and after construction and at the end of the monitoring period. HELIX will prepare a final report within 45 days after the end of the one-year monitoring period to document the recovery of temporarily impacted areas. HELIX will submit the draft plan to the City via email in Word and PDF format, make one round of revisions per City comments, and submit the final plan to the City via email. Additional monitoring or revisions would require a contract augment.

Task 4 (Optional) Pre-construction Nesting Bird Survey
If avoidance of the bird breeding/nesting season (February 1 through August 31) is not feasible, then a qualified HELIX biologist will conduct a pre-construction survey within seven days before the start of work to search for nesting birds within project work areas and the surrounding 300 feet, where feasible.

If the surveys conclude no active nesting, the work may resume as planned. If project activities are delayed or suspended for more than seven days during the breeding season, surveys shall be repeated prior to re-initiating work. If results of a bird survey identify active nesting birds within or adjacent to project work areas, an appropriate nest buffer (i.e., work avoidance area) shall be established by the qualified biologist, and if feasible, fenced or demarcated to restrict access in the buffer. Buffer distances may include, but shall not be restricted to, 25 feet around nests of common, non-listed birds and 300 feet around nests of sensitive, listed birds. Each of these buffers may be reduced, if appropriate, and as directed by a qualified biologist. The reduction in no-work buffers shall be approved by the City before implementation. Each nest avoidance buffer zone shall not be disturbed until a qualified biologist has determined that the young have fledged, or the nest has otherwise become inactive. HELIX will provide the Client with a memo documenting the results of the nesting bird survey. Two nesting bird surveys are assumed in case of project delays. If additional surveys are needed, an augment will be required.

Task 5 (Optional) Noise Monitoring
If construction activities (i.e., those potentially exceeding 60dBa hourly average, such as trenching, excavating, paving, etc.) adjacent to the San Dieguito Lagoon and Crest Canyon Open Space are not completed before the breeding season for coastal California gnatcatcher (March 1 through August 30), light-footed Ridgway’s rail (April 1 through August 31), and Belding’s savannah sparrow (February 15 through June 30), and these species are found present during the preconstruction surveys, then appropriate noise attenuation measures shall be implemented to reduce construction noise levels at the edge of occupied habitat. Noise levels shall be recorded by a qualified noise specialist, and intermittent monitoring shall be conducted by a qualified biologist to ensure project-generated noise does not exceed 60dBa hourly average unless ambient noises exceed 60dBa for which construction can proceed up to the ambient noise level. This task assumes the equivalent of up to 12 hours of Senior Noise 44 September 8, 2025 Item 10

TOTAL without Optional Tasks 113,800
TOTAL with Optional Tasks $123,400

ASSUMPTIONS AND ADDITIONAL LIMITATIONS
The following assumptions and limitations are a material component of this Scope of Services. • Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Costs associated with public meetings, biological surveys, and/or permit preparation and processing not specifically described above (“additional work”) are not included within the scope of services required of HELIX under this Agreement. • Proposal assumes 44 (6-hour) days of monitoring by a HELIX archaeologist and Native American monitor from Red Tail Environmental. If HELIX finds that we can cut back on the monitoring hours and still be confident of not harming cultural resources, we will do so. However, if additional monitoring is required, a contract augment will be needed. We will notify you immediately if monitoring is expected to take longer than anticipated under this scope. • No archaeological and Native American monitoring will be required for the post-construction monitoring and reporting plan for the removal of six utility poles, per the California Coastal Commission waiver dated May 16, 2025. No ground disturbance for the removal of the poles will take place.

Letter to Martin Boyd Page 4 of 5
June 30, 2025
Specialist and 20 hours of Biologist III time; additional noise monitoring work would require a contract augment.

SCHEDULE
HELIX will continue to work with the Client in a timely and professional manner in accordance with the original Contract. Commencement of schedule is dependent on task order authorization.

COST ESTIMATE AND PAYMENT PROCEDURES
HELIX submits this cost estimate not to exceed $123,400 (a breakdown of which is provided below). All work shall be invoiced on a time-and-materials basis and payment terms are pursuant to the Contract.

Task
Number Task Name Cost
1 Archaeological and Native American Monitoring $56,800 2 Biological Construction Monitoring 38,700
3 Post-Construction Monitoring and Reporting Plan 18,300 4 (Optional) Pre-construction Nesting Bird Survey 4,300 5 (Optional) Noise Monitoring 5,300
45 September 8, 2025 Item 10

Stacie Wilson
Cultural Resources Group Manager
Letter to Martin Boyd Page 5 of 5
June 30, 2025
• If cultural material is encountered during monitoring, it will need to be documented and collected; additional excavation or other research may be required, which may result in additional costs. We will notify you immediately if cultural material is encountered. • If archaeological material is collected, it may need to be curated at the San Diego Archaeological Center at additional cost to Client, and Client will be notified of these costs immediately.

EXECUTION OF TASK ORDER
This quote is good for 30 days from the date of this letter. This Proposal will become a new task order under the Contract upon HELIX’s receipt of approval/notice to proceed signed by an authorized representative.

We look forward to continuing our work with you. If you have any questions concerning this Proposal, please call your Project Manager, Shelby Castells or me at (619) 462-1515.

Sincerely,
46 September 8, 2025 Item 10

ATTACHMENT E
47 September 8, 2025 Item 10
Utility Undergrounding District (UUD X1A) - Crest Canyon 06/15/2021
P62475 Exempt
from Removal
(to be removed
as part of
SDG&E project)
0 2100 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
690 567 624 535
608
550 548 540532
1561
1429 1465 1569
655 1492
1440 1507 641625 617 544 1810 545 625
650
1567
1449 1604
1420 1450 1522 1601
1490 1330 1361 1435 1439
1535
1505
1515
1441
1440 1305 1346 1370 1445
1406 1373 1557
1555
1525
652
131613451335 14261420 1340 13461352
1233 1250 1230 1232 1210 1402
1200 1260
1180 1174
1234 1236 1238 1223
1209
1203
1145
785 1130 1135
1230
1122
1110
1042 1036 1022 1016 999 945 905
912786 766
787 860 767 834 0 628
615 627 645
755 757
728
801 743 733 725 715 701 San Dieguito Dr.

Oribia Rd.

Serpentine
Avenida Primavera
Avenida
15th St.

Crest Rd.

Crest
Way
Amphitheatre Dr. Klish Way
Serpentine
660 526 655 0
0 616
11351/2
9051/2
Via Alta Crest Way Hoska Ln.

Hoska Dr.

Crest Rd.

Crest Rd.

Kalamath Dr. Crest Rd.

ZuniDr.

Primavera Dr. Dr.

San Dieguito Dr.

San DieguitoDr. Racetrack View Dr. Oribia Rd.

LEGEND Description
District Limits
Trench Work Beyond District Limits www.delmar.ca.us/up
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KCM Group
1940 Garnet Ave, Ste 300, San Diego, CA 92109
Tel: 858 273 5400 | Fax: 858 273 5455
www.kcmgroup.net
Item Description Quantity Units *Unit Cost Total Cost
1,122,947
1 MOBILIZATION/DEMOBILIZATION 1 LS 365,871 365,871
2 TRAFFIC CONTROL PLANS, INSTALL AND MAINTAIN
TRAFFIC CONTROL 1 LS 169,216 169,216
3 CONSTRUCTION STAGING 1 LS 129,939 129,939
4 STORM WATER POLLUTION PREVENTION AND EROSION
CONTROL BMP’S 1 LS 59,711 59,711
5 POTHOLING 379 EA 246 93,272
6 CONSTRUCTION SURVEY AND SURVEY MONUMENT
PRESERVATION 1 LS 48,483 48,483
7 TREE PROTECTION FENCING AND SIGNAGE 43 EA 887 38,141
8 AS-BUILT DRAWINGS 1 LS 5,000 5,000
9 CLEARING AND GRUBBING AND DEMOLITION 1 LS 203,314 203,314 10 REMOVE, SALVAGE, AND REINSTALL PARKING SIGN 1 LS 10,000 10,000 6,064,762
11 EXCAVATE TO LOCATE AND INTERCEPT EXISTING
CONDUITS 45 EA 2,814 126,630
12 JOINT TRENCH EXCAVATION AND BACKFILL 19,610 LF 147 2,882,670 13 INSTALL DB 2” CONDUIT 79 LF 15 1,185
14 INSTALL DB 3” CONDUIT 11,784 LF 17 200,328
15 INSTALL DB 4” CONDUIT 17,711 LF 19 336,509
16 INSTALL DB 5” CONDUIT 43 LF 21 903
17 INSTALL 3309 HANDHOLES 6 EA 5,020 30,120
18 INSTALL 3313 HANDHOLES 29 EA 8,593 249,197
19 INSTALL 3314 HANDHOLES 7 EA 14,463 101,241
20 INSTALL 3315 HANDHOLES 9 EA 20,867 187,803
21 INSTALL 3316 HANDHOLES 1 EA 41,700 41,700
22 CONSTRUCT 3421 TRANSFORMER PADS 22 EA 3,570 78,540
23 INSTALL 2” AT&T CONDUIT 4,118 LF 12 49,416
24 INSTALL 4” AT&T TYPE C RIGID CONDUIT 25,367 LF 14 355,138 25 INSTALL 2' x 3' AT&T HANDHOLE 33 EA 4,677 154,341
26 INSTALL 2' x 3' x 3' AT&T HANDHOLE TRAFFIC RATED 22 EA 6,353 139,766 27 INSTALL 30" x 48" AT&T HANDHOLE 5 EA 6,108 30,540
28 INSTALL 30" x 48" AT&T HANDHOLE TRAFFIC RATED
WITH 3-ROD TGB 7 EA 8,047 56,329
29 INSTALL AT&T CHRISTY BOXES TRAFFIC RATED 15 EA 300 4,500 30 INSTALL AT&T CHRISTY BOXES NON-TRAFFIC RATED 24 EA 75 1,800 31 EXCAVATE 4' x 4' x 4' PIT TO LOCATE AND INTERCEPT

EXISTING CONDUITS (ASSUME SHARED BY SDG&E,

AT&T AND CHARTER/CROWNCASTLE)
39 EA 1,060 41,340
32 INSTALL 2” CHARTER CONDUIT 39,730 LF 10 397,300
33 INSTALL 3” CHARTER CONDUIT 2,625 LF 12 31,500

GENERAL

DRY UTILITY

OPINION OF PROBABLE COST
City of Del Mar
Crest Canyon X1A
Prepared for: City of Del Mar
March 12, 2025
80 September 8, 2025 Item 10
Item Description Quantity Units *Unit Cost Total Cost
34 INSTALL CHARTER 9" X 20" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 14 EA 2,862 40,068
35 INSTALL CHARTER 10" X 12" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 5 EA 3,240 16,200
36 INSTALL CHARTER 12" X 22" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 27 EA 3,350 90,450
37 INSTALL CHARTER 14" X 20" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 15 EA 4,407 66,105
38 INSTALL CHARTER 2' X 3' VAULTS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 1 EA 4,307 4,307
39 INSTALL 17"X30" CHARTER VAULTS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 8 EA 2,527 20,216
40 INSTALL 2” CROWN CASTLE CONDUIT 19,076 LF 13 247,988 41 INSTALL 2' x 3' CROWN CASTLE PULL BOX W FOC STAMP 6 EA 5,357 32,142 42 INSTALL LATERAL TRENCH AND CONDUIT AT CREST
RESERVOIR 260 LF 32 8,320
43 STONE VENEER RETAINING WALLS 390 SF 103 40,170
527,200
44 TRENCH RESURFACING PER SDRSD G-24A AND G-24B 35,393 SF 12 424,711 45 REPLACE IN KIND AC DIKE PER SDRSD G-5 144 LF 40 5,760 46 REPLACE IN KIND CONCRETE DRIVEWAY (2 LOCATIONS) 48 SF 55 2,640 47 REPLACE IN KIND CROSS GUTTER PER SDRSD G-12 128 SF 55 7,040 48 PAVEMENT STRIPING, MARKINGS, AND MARKERS 1 LS 36,049 36,049 49 BOLLARDS, PER SDRSD WM-04 51 LS 1,000 51,000
56,460
50 IRRIGATION REPAIRS 1 LS 16,500 16,500
51 HYDROSEED MIX APPLICATION IN ALL DISTURBED
LANDSCAPE AREAS 13,320 SF 3 39,960
7,771,369
15% 1,165,705
8,937,074
* Unit Cost = Average from 1A Bid Results
Subtotal

LANDSCAPING
Total
Construction Contingency

SURFACE IMPROVEMENTS - GENERAL
81 September 8, 2025 Item 10
UUD X1A Estimated Total Project Costs (02-7000-7203)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
UP Update
Budget
11-18-24
Pre-Bid
Budget
4-21-25
City Contract
Award Budget
9-8-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $663,985 $731,085 $893,692 $910,652 $910,652

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

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

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

4. Public Bidding Support $37,990 $37,990 $37,990 $43,805 $43,805 City Arborist Review $5,000 $5,000 $3,525 $3,525 $3,525 Environmental Review $18,500 $52,588 $52,588 $52,588 $52,588 Additional Pre-Construction Services $7,000 $7,000 $5,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $694,485 $795,673 $954,805 $971,765 $971,765 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 and 10-16-23 estimated by Staff based on UUD Tewa per LF of overhead and then trench. 11-18-24 estimated by Staff based on UUD 1A per LF of trench. 4-21-25 & 9-8-25 estimate provided by SDG&E.
$1,324,736 $1,378,650 $5,543,229 $4,888,532 $3,672,089
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD X1A specific including contingency.
$993,552 $223,560 $238,788 $238,788 $238,788
Spectrum/Charter $408,793 $0 $0 $0 $0
Crown Castle $0 $0 $0 $0 $0
Subtotal for Utility Company Costs $2,727,081 $1,602,210 $5,782,017 $5,127,320 $3,910,877 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 11-18-24 & 4-21-25 estimate based on engineer's estimate using UUD 1A bids. 9-8-25 based on actual bids.
$1,344,000 $4,946,639 $8,836,700 $8,937,074 $7,128,770
Construction Management and Support (18-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder . $240,680 $624,860 $624,860 $687,346 $663,280
Additional Construction Management Services
For any additional professional services during construction (geotechnical / environmental) $60,170 $80,140 $122,594 $255,853 $243,033 Subtotal for Construction Phase $1,644,850 $5,651,639 $9,584,154 $9,880,273 $8,035,083 Project Contingency
10% of Construction Phase Costs at City Contract Award $0 $0 $1,466,982 $988,027 $712,877 Measure Q Credits to CIP Projects
San Dieguito Drive Improvements Project $22,000
Crest Canyon Asphalt Improvements Project $23,200
Subtotal for Construction Phase $0 $0 $0 $0 $45,200
Total Project Estimate for UUD X1A $5,066,416 $8,049,522 $17,787,957 $16,967,385 $13,675,802 82 September 8, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: City Council Direction on Potential Incentives to Create Low-Income Units in Consideration of the City’s Mid Cycle Housing Element Production Progress REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Review a consultant evaluation of the City’s Accessory Dwelling Unit (ADU)-related recommendations to amend existing incentive programs to reach the City’s 6 th Cycle
Housing Element goal to create 15 low-income ADUs by April 2029 (Attachment A);

2. Review feedback collected by the April/May 2025 community survey; and

3. Provide direction to staff on next steps to bring forward an amended incentive program for consideration by the City Council at a future date.

BACKGROUND:

An ADU is an ancillary dwelling unit with complete independent living facilities that includes a kitchen, bathroom, and separate entrance. The ADU may be located within, attached to, or detached from a primary dwelling unit (existing or proposed) on the same lot. A Junior ADU (JrADU) is a smaller ADU (500 square feet maximum in size), in a single dwelling unit zone, that is developed entirely within the walls of a primary dwelling unit and has a separate entrance, efficiency kitchen, and access to a bathroom.

The City’s certified 6th Cycle Housing Element (planning years 2021-2029) identifies a goal to create 15 low income ADUs by year 2029 through the following approach:
• Housing Element (HE) Program 2A Incentives - On December 18, 2023, the City Council adopted Ordinance No. 1003 to create an updated ADU Incentive Program (Attachment B). This Ordinance is not published within the Del Mar Municipal Code and was not subject to certification by the California Coastal Commission (CCC).

However, related amendments to establish the City’s ADU regulations through City 1 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

Council-adopted Ordinances No. 1002 and 1017 that were certified by the CCC on June 12, 2025, expressly allow permit applications in the ADU Incentive Program to be issued Coastal Development Permit approvals administratively at the staff-level.

The program provides incentives to owners in exchange for a commitment to deed restrict units for rent to low-income households for a set period of time. o In single dwelling unit and two-unit/duplex zones, the incentive granted for creation of one low-income ADU for 30-year rent restriction commitment period is one 500 square foot floor area bonus and development of one bonus 500 square foot JrADU.
o In multi-unit zones, the incentive granted for the creation of at least one lowincome unit is an increase in the number of market rate ADUs that can be developed. The level of incentive awarded is proportional to the number of lowincome units created to help offset the cost associated with creation of rent restricted units. This includes award of bonus units on a 1:1 basis for a 30-year rent restriction period commitment and 1.5:1 basis for a 55-year commitment. o The program allows owners to build new units on-site, even where the site exceeds allowable density, in exchange for deed restricting units for rent to low-income households.
o The maximum number of bonus units allowed under the existing ADU Incentive Program is 15 units.
• HE Program 2B Amnesty Program to Capture Existing Uncounted Units – On December 4, 2023, the City Council adopted Resolution 2023-48 to create an ADU Amnesty Program (Attachment C) as a measure to encourage owners to legalize existing unpermitted ADUs. The program provides the most incentives to owners who agree to deed restrict units for rent to low-income households for a 30-year time frame.

Incentives for creation of a low-income unit include:
o Award of one 500 square foot floor area bonus and development of one bonus 500 square foot JrADU.
o Waiver of code enforcement fees/fines, Coastal Development Permit fees, Building Permit Fees, Building inspection fees.
o Additional concessions to accommodate existing ADU size that is nonconforming, including height, floor area ratio, and lot coverage. • HE Program 2C Promote ADU Programs – Requires the City promote creation of deed-restricted low-income ADUs, which the City addresses on an ongoing basis 2 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

through news articles to community, announcements in public meetings, and the City website: https://www.delmar.ca.us/814/ADU-Incentive-Program. • HE Program 2D Monitor ADU Progress – Requires the City track ADU development, including affordability levels and deed-restricted affordable units. This information is reported on an annual basis to the City Council and the California Housing and Community Development (HCD) Department and Governor’s Office of Land Use and Climate Innovation (LCI).
• HE Program 2E Modify ADU Strategies as Needed - Requires the City conduct a midcycle review in 2025 to identify whether ADU production goals are being achieved and identify additional incentives as needed to reach the goal of 15 low-income ADUs. • HE Program 2F Accommodate Tiny Homes – On December 18, 2023, the City Council adopted an ADU Regulations Ordinance that explicitly allows “Tiny Home” development consistent with the ADU regulations. Tiny homes range in size between 120 square feet (sf) to 400 sf in size. The City’s ADU regulations were certified by the CCC on June 12, 2025, as further described below. Accommodation of tiny homes through the same streamlined, staff-level process that applies to ADUs gives owners flexibility to build tiny homes as lower-income units to meet inclusionary housing requirements (i.e., SB 9 development or conversion of rental units to condominiums).

The City has pre-approved ADU plans available on the City website for streamlined processing.

Current ADU Regulations
ADU law has been amended by the State legislature on an annual basis for many years, which requires updates to local implementing ordinances. State ADU law requires local jurisdictions to allow ADUs in all zones that allow residential use, including mixed-use zones.

This includes overlay zones such as the Floodplain Overlay Zone and Bluff, Slope, and Canyon Overlay Zone where proposed development meets the criteria for permit approval.

ADUs are allowed in Fire Hazard Severity Areas, like other residential development, where the applicant demonstrates wildland fire safety precautions will be integrated into construction of the unit to mitigate potential hazards. This includes compliance with the California Building Code requirements for the use of non-flammable building materials and other homehardening requirements to minimize risk of fire hazards, as well as required off-street parking for development on narrow streets with an improved street width less than 20 feet.

On June 12, 2025, the CCC granted final certification of the City Council-adopted ADU Ordinances No. 1002 and 1017, which is the final step in the process for adopted land use/development regulations to take effect in coastal cities. As set forth in Del Mar Municipal Code (DMMC) Chapter 30.91, the City’s ADU regulations reflect harmonization of State Housing law and the California Coastal Act.
3 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

Housing Production to Meet Regional Housing Needs Assessment (RHNA) Target As of September 2, 2025, local unit production has continued to increase as shown below:

Description Target 6
th Cycle Housing Element (HE) Progress 2020-2025 Actual RHNA Unit
Production
175
units
Entitled units: The City approved entitlements for a
cumulative total of 199 net-new units during the 6th
Cycle. This includes all units approved (entitled)
regardless of whether the building permit has been
issued or is still pending.
199 units
Entitled units with issued building permits: Once entitled units are issued building permits during the timeframe
of June 30, 2020, through April 2029, they count toward the 6th Cycle RHNA. The City issued building permits
for a cumulative total of 118 net-new units that count
toward the 6th Cycle, including 4 net-new homes and
114 ADUs.
118 of 199
units
Entitled units pending issuance of building permits:

Currently, 81 units are pending building permit issuance including:
• 23 ADUs
• Watermark Affordable Housing: 40 above
moderate-income units, 6 low-income units, 2
very low-income units, and 2 extremely lowincome units • 941 Camino del Mar Affordable Housing: 6
above moderate-income units and 2 lowincome units
81 of 199
units
ADU
Production
At least
100
ADUs
Total 114 ADUs with building permits during 6th Cycle
• 43 above-moderate income units
• 71 moderate-income units (less than 800 sf)
• 0 lower income units (Note: 6th Cycle HE target
is 15 low-income units. City previously produced
one low income ADU in 2019 for 5th Cycle HE.)
114 of 137
entitled
ADUs
As identified above, 114 ADUs have been constructed during the 6th Cycle, including 47 above-moderate and 71 moderate-income ADUs, which is well above the 31-unit RHNA goal for these respective income categories. The biggest challenge continues to be success in securing owner commitments to rent ADUs to low-income households. Consistent with HE Program 2E, options to further expand incentives in exchange for creation of low-income units are identified below for City Council consideration and direction. 4 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

Affordable Rental Rates
San Diego County calculates income limits for qualifying lower-income housing based on a percentage of the Area Median Income (AMI). Lower-income tenant eligibility is based on household size including 30% of AMI (extremely low income), 50% of AMI (very low income), and 80% of AMI (low income). Typically, a lower-income household is expected to pay no more than 30 percent of their adjusted monthly income for rent and utilities. As of April 16, 2025, the AMI for San Diego County is $130,800, which means a single person household earning no more than $92,700 would qualify to rent a low-income unit with a household commitment around $2,318 per month maximum to cover rent and utilities.

Sample Affordable Rental Rates for Low Income Households (2025 AMI) Low Income (80% of AMI)
Household Size Gross Income Max Monthly Rent with Utilities 1-person ≤$92,700 $2,318
2-person ≤$105,950 $2,649
4-person ≤$132,400 $3,310
Refer to the complete San Diego County AMI Income Limits Chart for additional details:
https://www.sandiegocounty.gov/content/sdc/sdhcd/rental-assistance/income-limitsami.html DISCUSSION/ANALYSIS:

In April 2025, the City secured free technical consulting services from Ascent Environmental Inc., made available by SANDAG through the region’s Housing Acceleration Program (HAP) grant, which involved preparation of a community survey, analysis of information collected, and a consultant evaluation of the City’s existing ADU program incentives and recommended strategies to produce ADUs as affordable housing for rent to low-income households. The findings of the community survey and consultant memo (Attachment A) are discussed below.

Community Survey
Ascent assisted the City with completing a community survey between April 21 and May 28, 2025, to solicit public input on potential incentives to meet the HE goal of creating 15 ADUs for low-income households. The information collected through the survey is being used solely for the purpose of assisting the City to meet its Housing Element commitments. It will not be used for any type of code enforcement. The community survey received a good participation rate that included 146 total responses (compared to much lower participation of less than 15 participants in a prior community survey relating to objective design standards). The ADU survey findings include the following:
• Only 34% of survey participants indicated they are interested in building an ADU o 10% of survey participants already have an ADU
o 56% of survey participants indicated they are not interested in building an ADU 5 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

• 13 survey participants identified how their existing ADU is being used o Seven owners allow family/friends/caregivers or tenants to live in their ADUs rentfree or use ADUs as a guest space. o Three owners rent their ADUs ($1500, $1698, $4500 per month) o One survey participant reported their neighbor rents their ADU for $7000 per month o Three owners use ADUs for other purposes (i.e., non-residential office/studio). o One survey participant reported their ADU is still under construction. • 115 participants identified preferred incentivizes to create low income ADUs o Property tax exemption (44%)
o Full or partial reimbursement of costs i.e., permit, design, construction (43%) o Reduced permit fees (34%)
o Streamlined permitting without discretionary review (33%) o Shorter deed restricted rental term (32%)
o Allowance for additional floor area (28%)
o Financial assistance or grants (19%)
o Help finding qualified tenants or managing lease
o Allowance for additional units
o Legal counsel to support justified evictions of tenants if necessary o Grants to subsidize rent for qualifying Graduate/Post Doc student tenants • One participant is interested in being a tenant if a low-income unit is available The main takeaway from the survey feedback is there is minimal community interest to deed restrict ADUs to rent to low-income households. City staff provided information about the City’s ADU Amnesty Program and ADU Incentive Program via email on May 30, 2025, to the 21 individuals who requested follow up. Staff further coordinated individually with those who followed up. Most individuals interested in ADUs clarified their personal interest is to pursue ADU development that does not require a commitment to rent to a low-income household.

Consultant Analysis and Recommendations
The consultant confirmed that the challenge to produce low-income units is a common issue statewide; it is not unique to the City of Del Mar because most factors are not within the authority of the City to be able to address. For example, private property owners control the decision of whether to rent their ADUs. The following are the consultant recommendations for the City to consider as amendments to existing incentive programs to create low-income ADUs:

1. Require Shorter Deed-Restriction Terms
The consultant recommends amending the incentive program to require shorterterm commitments for participation to “allow the City to balance affordability goals with market realities.” The existing program currently requires a term commitment of 30 years for single dwelling unit and duplex lots and 55-year term commitment 6 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

for multi-unit lots seeking the maximum incentive. Instead, the consultant recommends reducing the terms to 10, 15, or 30 years to increase participation.

Staff response: Staff recommends the City Council consider amending the incentive program to require shorter terms. One policy consideration is that the City will be expected in future Housing Element cycles to identify measures to maintain all low-income units created by securing agreements to extend the income-restricted timeframes or by identifying other unit options as a replacement to ensure no-net loss of affordable lower-income units.

2. Provide Flexible Zoning Standards
The consultant recommends the City amend its incentive program to incorporate additional zoning flexibility incentives (i.e., additional Floor Area (FAR), building height, parking waivers, and further reduced setbacks) on a case-by-case basis.

Staff response: Staff does not recommend creating additional zoning flexibility for ADUs. State law already provides generous zoning accommodations for ADUs, and the City does not have an issue producing ADUs. Instead, the issue in Del Mar has been a lack of owner interest to commit to rent ADUs as low-income.

3. Allow Separate Sale or Conveyance of ADU Ownership
The consultant recommends the City allow the sale of ADUs separate from a primary residence as a strategy to increase ownership opportunities for new homeowners.

Staff response: Staff does not recommend pursuing an allowance for separate sales of ADUs because it is not likely to produce low-income units, which is the City’s goal. Also, the separate sale of ADUs is expected to create unintended consequences in the long-term (i.e., complications for future permits, property use and maintenance agreements and tracking of lot ownership and responsibilities) if multiple ownerships are allowed for primary and accessory residential uses on one lot (i.e., R1 single unit and R2 duplex lots). State law allows jurisdictions to opt-in to this approach; however, the City is not aware of other jurisdictions that have implemented for-sale ADU programs.

Staff recommends continuing to define and regulate ADUs as accessory units to a primary unit on the same lot and requiring the owner of the primary unit to be the same owner as accessory unit(s).

4. Offer Financial Relief
The consultant recommends adding financial incentives (i.e., permit fee reimbursement) to incentivize creation of affordable ADUs. Examples referenced include non-profit programs and County programs such as County of Santa Cruz’s 7 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

forgivable loans for 20-year low-income ADU commitments and Monterey Bay’s Habitat for Humanity Initiative that aids low-income seniors.

Staff response: The community survey identified financial relief (i.e., property tax relief) as the preferred incentive. Staff recommends the City Council consider pursuing an economic study to help inform future consideration of various potential financial incentives (i.e., property tax exemptions and/or reimbursement of paid permit fees) once the level of financial relief needed for feasibility and potential fiscal impacts to the City’s budget are better understood. Any financial incentives offered would need to be tied to owner follow-through on commitments to rent units to low-income households through an agreement or other binding mechanism.

Availability of financial incentives could be offered for a limited term that expires once the City reaches its target of 15 low income ADUs.

An additional approach to provide processing time/cost savings for participating owners would be to allow staff level approval of the Coastal Development Permit to develop the 500 square foot FAR bonus and/or bonus units on apartment and condominium complex lots with more than three primary units per lot. Currently, these approvals are subject to Design Review Board approval.

5. Offer landlord assistance programs
The consultant recommends the City consider providing landlord assistance and technical support resources for owners that rent ADUs. Examples of landlord support programs include the counties of Los Angeles and Santa Cruz.

Staff response: Staff recommends the City Council consider pursuing a study of what the County of San Diego provides in terms of landlord assistance and identify what local opportunities may be available to assist landlords of low-income units.

The Legal Aid Society of San Diego Fair Housing Center is one local resource that provides services for tenants as well as landlords. Currently, the City posts a variety of related resources on the City’s website at the following link under “Fair Housing Resources”:
https://www.delmar.ca.us/852/6th-Cycle-Housing-Element-Program-Implem

6. Launch a bundled incentive program
The consultant recommends the City amend its ADU Incentive Program to incorporate additional incentives (i.e., financial relief, zoning flexibility, landlord assistance, and shorter commitment terms for income restrictions) into one consolidated program together with the ADU Amnesty Program.

Staff response: Staff recommends identification of all available incentives in one consolidated incentive program, which can be addressed with any future amendments to the City’s ADU-related incentive programs. 8 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

7. Promote incentive programs through outreach and education The consultant recommends the City conduct targeted outreach and education to increase awareness of the City’s incentive program(s) including clarification of the purpose and process for deed restrictions, resources for owners to understand responsibilities as landlords, and promotion of the City’s pre-approved ADU designs.

Staff response: Staff recommends continued promotion of the need for ADU rentals for low-income households. Program information is currently posted on the City’s website at this link: https://www.delmar.ca.us/814/ADU-Incentive-Program Additional Actions for City Council Consideration to meet Housing Element Goals The consultant noted that existing State Housing law is a State-imposed constraint that limits the extent of incentives a local jurisdiction may offer to encourage low-income unit production.

One issue is that State ADU law does not account for unique differences in development scale and context at the local level. Instead, the State legislature continues to ease and expand zoning accommodations and by-right allowances for ADUs with no income restrictions. Examples include AB 2011 (Skinner 2024) that allows development of eight detached ADUs by-right on multi-unit lots (i.e., existing apartment and condominium complexes) and the proposed AB 956 (Quirk-Silva) legislation that would increase the number of detached, new construction ADUs that a local agency is required to ministerially approve on lots with single unit development. Both laws require cities to accommodate additional ADUs “by-right” and include no provisions to allow jurisdictions to require at least one unit to be reserved for rent to low-income households.

While Del Mar has seen consistent ADU production since the 5th Cycle Housing Element, it hasn’t resulted in low-income ADU housing stock. To meet affordable housing goals, local jurisdictions should be allowed to require income restrictions for ADUs in appropriate circumstances (i.e., incentive programs) to achieve the balance in income categories it is seeking per its certified Housing Element. Staff recommends the City Council consider the following additional measures to help the City reach its Housing Element goals:

A. Collect information on local rent trends and encourage owners who rent at affordable rates to report data so it may be counted by City towards RHNA.

The State Housing and Community Development Department (HCD) published an ADU Handbook (January 2025) that includes State guidance to local jurisdictions that would allow counting ADUs towards RHNA. Accordingly, the City must establish a reasonable methodology (i.e., surveys or rent studies) to demonstrate how an ADU unit meets affordable housing income categories that must consider development trends, anticipated affordability, local incentives, and resources available (i.e., financial relief).

The City has attempted to obtain data from ADU owners through the permit application process and post-development surveys to understand if ADUs are 9 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

being rented and at what rates. Historically, the City has not been successful in obtaining responsive data. While HCD indicated the City cannot “require” owners to respond to these requests, the ADU regulations (DMMC Section 30.91.040 W) provide for the City to request information annually:

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

In January 2026, the City will send a request to all ADU owners for reporting in the 2025 Annual Progress Report. This report typically goes to the City Council for consideration in March 2026 to be submitted to the State by the April 2026 deadline.

B. Continue to submit letters to State representatives to raise awareness of conflicts between pending legislation/new State laws and local strategies that have been adopted to create low income ADUs, consistent with certified Housing Elements.

Given the high cost of land along the coast, the housing market will not naturally produce lower income units unless incentivized through local housing programs. It is important for State representatives to recognize the continued trend of increasing the number of ADU units allowed “by-right” (and preemption of local control to require income restrictions) is limiting the most feasible approaches for small coastal cities to create low-income units.

The most feasible paths to create low-income ADUs in the City are being threatened and potentially invalidated by new State laws without cause and without consideration of the barriers to affordable housing the State is unintentionally creating. In 2024, City staff worked with lobbyist Townsend Public Affairs, Inc. to address this trend by the State. The City was unsuccessful in finding a sponsor to bring forward a bill that would allow local jurisdictions to implement adopted lowerincome housing strategies in certified Housing Elements when new State laws adopted after certification conflict with low-income unit production.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed action is a request for City Council direction in consideration of the City’s 6th Cycle Housing Element housing production progress and recommendations for potential future actions to incentivize creation of low-income units. The proposed action has no potential to cause a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) by statute in accordance with CEQA Guidelines Sections 10 September 8, 2025 Item 11
City Council Agenda Report
ADU Mid Cycle Evaluation (HE Program 2E)
September 8, 2025

15061 Review for Exemption and 15262 Feasibility and Planning Studies. Any future actions to amend the City’s existing Incentive Programs will be evaluated for potential impacts to the environment in accordance with CEQA prior to any discretionary decision by the City Council.

HOUSING IMPACT:

The City’s ADU regulations facilitate development of new housing options consistent with the City’s certified 6th Cycle Housing Element, the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements. ADUs are a key component of the City’s adopted, balanced housing strategy which identifies a goal to create 15 low income ADU units through the City’s ADU Incentive and Amnesty Programs, provisions for Tiny Homes, and other strategies to preserve existing units in the community that provide more affordable housing options.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the ADU Regulations Ordinance in compliance with the Housing Element is a Tier 1 (Highest) City Council priority work plan item for Fiscal Year 2024-2025.

ATTACHMENTS:

Attachment A – Ascent Memo (Evaluation of ADU Incentive Programs) Attachment B – ADU Incentive Program Ordinance
Attachment C – ADU Amnesty Program Resolution
11 September 8, 2025 Item 11
ASCENT ENVIRONMENTAL, INC. DBA ASCENT // 2550 FIFTH AVENUE, SUITE 640, SAN DIEGO, CA 92103 // O 619.219.8000 F 916.444.3927 www.ascent.inc July 23, 2025
To: Amanda Lee, Principal Planner, City of Del Mar
From: Matt Gelbman, Senior Urban Planner, Ascent
Subject: Evaluation of Accessory Dwelling Unit Incentive Programs Introduction
The City of Del Mar requested an evaluation of the City’s existing accessory dwelling unit (ADU) programs through the SANDAG Housing Acceleration Program (HAP) local staffing assistance program. Ascent met with the City on March 4, 2025 for an initial discussion and then conducted a review of the City’s ordinances, staff reports, and best practices from other jurisdictions related to ADU policy and incentives.

This memo supports implementation of Housing Element Program 2E: Mid-Cycle ADU Production Evaluation and summarizes the City’s current ADU incentive and ADU amnesty programs, research findings, and recommendations for improvement to address financial, regulatory, and programmatic barriers.

Purpose
The purpose of this memo is to conduct an evaluation of the City’s ADU programs to assess strategies for maximizing incentives for creating ADUs for low-income households. It provides recommendations for enhancing the City’s ADU incentive program and ADU amnesty program given the current development regulations, existing City efforts, and state-imposed limitations established on local governments.

Recommendations
The following recommendations aim to improve participation in the City’s ADU incentive program and ADU amnesty program and support affordable ADU production. They are informed by a review of local programs, state law, best practices, and community input. Recommendations for the City to consider, include:

1. Offering shorter deed-restriction terms.

2. Extending zoning flexibility.

3. Allowing separate sale or conveyance of ADUs.

4. Offering additional financial relief.

5. Expanding landlord assistance programs.

6. Launching a bundled incentive program.

7. Promoting programs through outreach and education.

Attachment A
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1. Shorter Deed-Restriction Terms
To support broader owner participation, the City should consider allowing shorter deed-restriction terms (e.g., 10, 15, or 30 years). Providing flexible options could appeal to owners who may be hesitant to commit to a long-term affordability covenant. Introducing tiered incentives based on deed-restriction duration would allow the City to balance affordability goals with market realities.

2. Flexible Zoning Standards
Additional zoning flexibility can facilitate the development of ADUs on constrained sites and can be offered as an incentive in return for providing deed-restricted affordable ADUs. Zoning flexibility could include tailored modifications on a case-by-case basis – such as adjustments to FAR, building heights, or setbacks – that would improve ADU feasibility on constrained or irregular lots and/or lots with nonconforming structures or conditions. Any modifications should balance flexibility with potential impacts on scenic views and neighborhood character.

3. Separate Sale or Conveyance of ADUs
State law permits, but does not require, the separate sale or conveyance of ADUs. While allowing separate ownership may increase the overall production of ADUs by incentivizing investment, it may not necessarily expand the supply of deed-restricted affordable ADUs. The City should evaluate whether deed-restrictions or affordability covenants can be required as a condition of subdivision approval required as part of the separate sale of ADUs. For example, eligibility for separate sales of ADUs could be limited to ADUs with long-term affordability restrictions. Implementation would also require navigating subdivision rules and clearly defining responsibilities for maintenance, access, and utilities. Separate sales of ADUs are similar to some of the City’s other programs for small-scale housing types, such as Tiny Houses (Housing Element Program 2F) and Senate Bill (SB) 9 units, which similarly support infill development and gentle density. The City should confirm with the City Attorney regarding the legal viability of conditioning separate sale approval on affordability restrictions or deed covenants, and clarify any local constraints related to subdivision and ownership structure.

4. Financial Relief
Financial relief can be offered as incentives tied to the creation of affordable ADUs. • Permit Fee Reimbursements. The fee waiver framework of the ADU Amnesty Program could be adapted to an incentive available to all ADU projects. The City could offer reimbursements for a percentage of fees paid related to the permitting process, including application, review, and inspection fees. The percentage can be scaled with the income category of affordability commitment, unit size, or length of the deed-restriction. • ADU Rebate Program. To address concerns about rental income limitations or long-term costs associated with deed-restricting an ADU, the City could offer a one-time or annual rebate. The rebate could be scaled based on the affordability level or length of commitment and may apply to qualified development-related expenses such as permitting, maintenance, or utility costs. 13 September 8, 2025 Item 11

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5. Landlord Assistance
To reduce potential concerns of owners related to renting ADUs, the City could consider expanding landlord assistance programs. The City can expand programs offering support service through local nonprofits or housing agencies by offering program support or compensation for providing landlord assistance. The City should continue to leverage partnerships with organizations such as Del Mar Community Connections and explore regional partnerships to expand reach, like the ADU Accelerator Program in Los Angeles. A partnership with UC San Diego may be another way to provide assistance to landlords. Services may include:
• Tenant screening and matching (including background checks and interview coordination), • Legal guidance (including lease drafting and eviction procedures), and • Property management support (e.g., conflict resolution, move-in/move-out support).

6. Bundled Incentive Program
The City should explore a comprehensive bundled ADU incentive program that integrates financial relief, zoning flexibility, and landlord assistance, into a single, accessible offering for owners who agree to deedrestrict an ADU for affordable rental. By bundling multiple incentives, the program can increase participation and appeal to a wider range of owners with different needs and constraints.

7. Outreach and Education
To increase participation in and increase awareness of the City’s affordable ADU program, the City should expand outreach and education, including holding a community workshop focused on ADUs. The topics could include:
• Clarify the purpose and process for deed restrictions. • Promote the City’s pre-approved ADU designs.
• Provide education around landlord responsibilities and available support services. • Promote the City’s ADU amnesty program.

Supporting Analysis and Context
The following section provides background context and supporting research that informed the development of recommendations. This includes an overview of relevant state requirements, Del Mar’s local ADU policies and programs, and best practices from other jurisdictions.

Regulatory Context
State ADU laws (California Government Code, Chapter 13, Sections 66310–66342) establish limitations on the scope of local regulation over ADUs and junior ADUs (JrADUs). These laws require jurisdictions to allow ADUs by-right in residential zones and establish statewide standards that local ordinances must comply with or default to. The City’s ability to offer additional incentives in addition to the development already allowed under State ADU laws is also limited under this legal framework. Any local ordinance must be reviewed by the California Department of Housing and Community Development (HCD) for compliance and may be subject to findings of noncompliance if state-mandated standards are not met. Additional 14 September 8, 2025 Item 11

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limitations on ADU regulations are also imposed through the California Coastal Act, and the City must also obtain certification from the California Coastal Commission for any updates to its ADU ordinance.

State Law
Key Requirements under State Law
State law requires local governments to:
• Approve ADUs by-right on lots with residential uses.
• Allow up to three ADUs on a single-family lot, including one ADU constructed from an existing/converted space, one JrADU, and one newly constructed detached ADU. For more information, see SANDAG’s ADU guidance memo (SANDAG, 2025). • Impose only objective design or development standards in addition to state standards. • Waive parking requirements for ADUs in certain locations (e.g., near public transit). • Waive or reduce impact fees for small ADUs (≤750 sq ft). • Approve ADUs ministerially within 60 days of a complete application. • Use default state standards if a local ADU ordinance is out of compliance.

For multifamily properties, state law requires local governments to:
• Allow up to 2 detached ADUs on a lot that has a proposed multifamily dwelling, or up to 8 detached ADUs on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot. In addition, at least one ADU from an existing/converted space and up to 25 percent of the number of units of existing multifamily dwelling are allowed.

State law also establishes requirements related to the City’s ADU Amnesty Program. Local governments may legalize unpermitted ADUs/JrADUs constructed before January 1, 2020. If so, they must:
• Waive impact and connection fees for eligible units.
• Avoid imposing penalties based solely on the unit being unpermitted. • Provide a checklist identifying minimum requirements to make the unit safe and habitable. • Inform owners they may seek a confidential assessment by a licensed contractor. • Allow a five-year deferral of code enforcement actions, if requested by the property owner, to provide time to bring the unit into compliance.

City of Del Mar 6th Cycle Housing Element (2021-2029)
The City’s 6th Cycle Housing Element (2021-2029) establishes a clear goal of promoting ADU production as a key strategy to address housing needs. It includes six implementation programs focused specifically on ADUs, ranging from financial incentives and legalization pathways to tracking and program evaluation. • Program 2A: Extend and Enhance the City’s Existing Accessory Dwelling Unit Incentive Pilot Program commits the City to expanding and enhancing its ADU Incentive Program, which aims to incentive ADUs for low-income households, and establishes a goal of permitting ADUs for 15 lower-income units. Since the start of the 6th Cycle Housing Element RHNA period, ADUs have accounted for 97 percent of all building permits issued by the City for housing (2021-2024 Housing Element Annual Progress Reports, City of Del Mar). Despite this high proportion of ADU 15 September 8, 2025 Item 11

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production, all permitted ADUs have been reported as moderate-income or above moderateincome. No ADUs or other types of housing have been built at the very low-income or lowincome affordability levels in the City during the 6th Housing Element Cycle. Through this memo and other actions, the City is evaluating additional incentives needed to support the goal of producing 15 low-income ADUs.
• Program 2B: Establish an Accessory Dwelling Unit Amnesty Program is another way that the City can support the production of ADUs and help achieve the goal of creating affordable housing by requiring the City to establish an amnesty program to legalize unpermitted ADUs. The program was adopted in December 2023 and allows the City to count additional units toward its inventory, however no lower-income units have been reported to date. • Program 2C: Promotion of Deed-Restricted ADUs directs the City to actively promote the production of deed-restricted affordable ADUs through public outreach and education on the ADU incentive Program, ADU amnesty Program, and recent changes in state law. Outreach materials were to be developed by December 2023, with the ongoing goal of facilitating at least 15 deed-restricted low-income ADUs by the end of the 6th Housing Element Cycle. • Program 2D: Tracking of ADU Progress requires the City to track ADU production, including affordability levels and deed-restrictions, throughout the planning period. This information is reported annually to the City Council and HCD through the Housing Element Annual Progress Reports.
• Program 2E: Midcycle ADU Production Evaluation commits the City to evaluating ADU production progress by April 2025 to determine whether the target of 15 deed-restricted low-income ADUs is on track. Based on the findings, the City may process additional incentives under Program 2A or amend the Housing Element.
• Program 2F: Tiny Houses commits the City to clarifying that Tiny Houses are allowed in accordance with the regulations applicable to ADUs with the intention of facilitating affordable ownership opportunities to meet the goal of at least 15 low-income units.

ADU Ordinance Update
Chapter 30.91 of the Del Mar Municipal Code (DMMC), was updated in response to changes in state law and to expand affordability incentives. The ADU ordinance update implemented commitments in the City’s 6th Cycle Housing Element (2021-2029) to update the ADU incentive program and ADU amnesty program.

The updated ordinance became effective on June 12, 2025, the date the California Coastal Commission granted final certification approval.

ADU Incentive Program
The City began an ADU Incentive Program as a pilot in May 2018 to encourage the production of affordable ADU units. Program 2A requires the City to conduct outreach to promote participation; extend the program beyond the pilot phase; and to evaluate the ADU incentive program to explore additional incentives and/or program components.

The City’s ADU incentive program awards bonus ADUs in exchange for creating deed-restricted affordable units. The program functions by offering bonus market-rate ADUs or JrADUs in exchange for the construction and long-term affordability restriction of one or more ADUs. The incentive structure differs 16 September 8, 2025 Item 11

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slightly depending on the zoning and density of the property. Incentives may include fee waivers or refunds and other incentives in addition to the following development incentives:
• On lots with single dwelling unit or duplex development (attached or unattached), a property owner who commits to building a deed-restricted affordable ADU is allowed to construct one bonus JrADU (maximum 500 square feet in size). In addition, the owner is entitled to a 500-square FAR bonus.
• On lots with multiple dwelling unit development containing three or more primary dwelling units in the RM zone, R2 zone, and commercial zones, property owners may build up to 15 bonus units (ADUs and/or JrADUs).

Feasibility Analysis Summary
The City commissioned a financial feasibility study by Keyser Marston Associates (KMA) in January 2023 to assess whether the proposed incentives being considered as part of the ADU Incentive Program would offer enough value to encourage property owners to construct deed-restricted affordable ADUs. The following summarizes key takeaways from the study:
• In low density zones (i.e., R1-10), the program showed the strongest potential for participation largely due to the combination of an accessory dwelling unit and a FAR bonus. These scenarios generated the highest returns in the analysis.
• In medium density zones, like RM-West, where development is predominantly single-unit and duplex development, the incentives may not be strong enough. Results of the analysis showed that when property owners can only build one affordable ADU, in combination with the FAR bonus allowance, the financial return on investment for property owners was less than 10 percent. For this reason, additional incentives may be needed to encourage participation for property owners in these zones.
• In high density zones with larger apartment complexes, like those in the RM-South zone, results of the analysis showed high returns on investments. The ability to add multiple units using underused space makes the program cost-effective for these properties.

ADU Amnesty Program
In December 2023, the City also established an ADU Amnesty Program to incentivize property owners to obtain permits to legalize unpermitted ADUs. The ADU Amnesty Program is in effect for two years, through December 4, 2025, with the option for extension at the City Council’s discretion.

While Del Mar’s ADU Amnesty Program aligns with many of the protections outlined in Government Code Section 66332, the City has adopted an eligibility cutoff of April 15, 2021, which is broader than the threshold set by state law, which applies only to units constructed before January 1, 2020. As a result, while Del Mar allows more recently built units to participate in its program, only those constructed before 2020 are entitled to the specific state-mandated protections, including waived penalties and impact fees, and a five-year delay in code enforcement. Units built between January 1, 2020 and April 15, 2021 may still participate locally, but their approval and treatment remain at the City’s discretion. 17 September 8, 2025 Item 11

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Del Mar’s program supplements state requirements with additional incentives based on the level of affordability:
• Low-income units are eligible for full waivers of planning and building permit fees and code enforcement fines and may also participate in the City’s ADU Incentive Program, which offers a bonus JrADU and floor area bonus.
• Moderate-income units receive a 50 percent fee reduction and partial fine waiver. • Above moderate-income units (market-rate units) may qualify for a limited fine reduction (up to $500) but are not eligible for fee waivers.

Once a building permit is issued, owners have up to five years to bring the unit into compliance with the California Building Code. The City also offers confidential consultations and free initial site inspections to help applicants determine eligibility and navigate the legalization process.

Community Survey for ADU Incentives
The City conducted a community survey between April 21 and May 28, 2025 to collect input on the current tenure of ADUs and possible incentives to encourage creation of ADUs for rent to lower-income households. The results informed recommendations in this memo.

Best Practices Research
While few jurisdictions have achieved significant production of deed-restricted ADUs, there are several strategies that could be considered to strengthen Del Mar’s ADU programs. The following section summarizes these findings and highlights strategies that may be most applicable.

Landlord Support
Property owners may be hesitant to rent their ADUs due to unfamiliarity with the responsibility of being a landlord or concerns about renting to lower-income tenants. Key challenges include unfamiliarity with lease requirements, fear of rent nonpayment, and discomfort with the landlord role. Several jurisdictions have developed support programs to mitigate these concerns and normalize participation in affordable rental programs. Local models include:
• Los Angeles ADU Accelerator Program: Matches owners with caseworkers who offer comprehensive support, including tenant screening, lease preparation, legal guidance, and light property management. Services are delivered through a nonprofit partnerships with ONEgeneration.
• Monterey Bay Habitat for Humanity "My House My Home" Initiative: Assists low-income senior owners in building or renovating ADUs on their properties. Program services include design and renovation support, financial assistance, and long-term affordability protections. • Housing Authority of the County of Santa Cruz, Landlord Incentive Program: Provides up to $2,500 in reimbursements to landlords for unpaid rent, damages, or other expenses that exceed the security deposit when renting to Housing Choice Voucher holders. This model offers financial protection that reduces perceived risk and helps normalize participation in affordable housing programs.
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Shorter Deed-Restriction Terms
Standard deed-restriction terms of 30 to 55 years can discourage owner participation due to concerns about long-term use, resale limitations, or future financial flexibility. Some jurisdictions have adopted shorter terms to increase flexibility without entirely sacrificing affordability commitments. • City of San Diego’s Affordable ADU Bonus Program offers a model of flexible deed-restriction, with one bonus market-rate ADU for every ADU that is deed-restricted for 10 years for very low- or lowincome tenants or 15 years for moderate-income tenants. • County of Santa Cruz offers forgivable loans up to $40,000 for ADU construction if the unit is rented to low-income households at affordable rents for up to 20 years.

Financial Assistance, Reimbursements, and Direct Grants.

To lower the cost burden of deed-restricted ADU development, some jurisdictions are exploring or piloting financial incentives in the form of reimbursements, forgivable loans, or direct grants. • City of Walnut Creek offers a rebate program of up to $15,000 for deed-restricted ADUs, with amounts scaled to unit size and affordability level. This structure incentivizes smaller, deeply affordable units and provides accountability by requiring completion within a specific timeframe. In addition to one-time grants, cities may consider offering recurring incentives tied to affordability commitments.
• Napa County provides a useful reference for how multiple small-scale incentives can be bundled.

Napa offers a forgivable loan of up to $105,000 for owners who rent their ADU at affordable rates for five years. Additional incentives include:
o Fee waivers up to $10,000.
o Grants for using pre-approved plans or escrow services. o Assistance with loan closing costs.
o Small bonuses for securing state-level funding (e.g., CalHFA grants). 19 September 8, 2025 Item 11

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References
California Department of Housing and Community Development, Accessory Dwelling Unit Handbook, https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-handbook-update.pdf.

City of Del Mar, Accessory Dwelling Units (ADUs), https://www.delmar.ca.us/642/Accessory-Dwelling-UnitsADUs. — 6th Cycle Housing Element, https://www.delmar.ca.us/772/Housing-Element-Update-6th-CycleHousing. — Del Mar Municipal Code, Chapter 30.91 – Accessory Dwelling Units, https://library.municode.com/ca/del_mar/codes/municipal_code?nodeId=TIT30ZO_CH30.91ACDW UN.

City of Los Angeles, ADU Accelerator Program, https://adu.lacity.gov/.

City of Santa Cruz and Housing Authority of Santa Cruz County, Landlord Incentive Program, https://www.cityofsantacruz.com/government/city-departments/economic-development-andhousing/housing-assistance-information-and-resources/resources/landlord-resources.

City of Walnut Creek, Accessory Dwelling Unit (ADU) Rebate Program, https://www.walnutcreekca.gov/government/community-developmentdepartment/permits/building-permits/building-and-land-use-regulations/adu-accelerationprogram.

Habitat for Humanity Monterey Bay, Senior Housing Support & ADUs, https://www.habitatmontereybay.com/adu.

Napa County, Affordable Accessory Dwelling Unit Forgivable Loan Program Guidelines, https://lesardevelopment.com/wp-content/uploads/2024/11/LDC-Afford-Housing-Napa-ADUGuidelines.pdf.

Santa Cruz County, Accessory Dwelling Units,
https://cdi.santacruzcountyca.gov/Planning/Housing/ADU.aspx. — Accessory Dwelling Unit Forgivable Loan Program, https://www.aducalifornia.org/wpcontent/uploads/2020/09/Forgivable-Loan-Program.pdf. 20 September 8, 2025 Item 11
ORDINANCE NO. 1003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE EXISTING ACCESSORY

DWELLING UNIT (ADU) PILOT PROGRAM BY IDENTIFYING

ADDITIONAL INCENTIVES TO ENCOURAGE PROPERTY

OWNERS TO CREATE DEED RESTRICTED ADUS AND JUNIOR

ADUS AFFORDABLE TO LOWER INCOME HOUSEHOLDS IN
ACCORDANCE WITH THE 6TH CYCLE HOUSING ELEMENT
PROGRAM 2A
WHEREAS, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) are generally smaller dwelling units that provide for independent living as an accessory use on the same site as a larger primary dwelling unit or multiple dwelling unit development (i.e., duplex, apartments, or condominiums) subject to the regulations set forth in California Government Code Sections 65852.2 and 65852.22; and WHEREAS, the City’s certified Housing Element identifies a need to create at least 113 lower income units and at least 100 additional new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, the Housing Element identifies use of an ADU Incentive Program as a priority strategy to integrate new affordable housing units throughout the City, with minimal impacts, consistent with the Del Mar Community Plan; and WHEREAS, the City Council adopted the existing ADU Incentive Program on May 22, 2018, with extensions thereto adopted on June 1, 2020 and May 16, 2022, to encourage the creation of deed restricted affordable ADUs or JrADUs that the City can count towards the City’s low income unit housing obligation; and WHEREAS, the City’s existing ADU Incentive Program has created only one lowincome unit over a five-year period; and WHEREAS, Housing Element Program 2A commits the City to consider and adopt new incentives by December 2023 to increase ADU Incentive Program participation to produce at least 15 low income ADUs by April 2029; and
WHEREAS, the new incentives will address the Housing Element Program 2A commitment and other related Housing Element strategies including Program 2B (Amnesty Program), Program 5A (Preservation of Existing Multi-Unit Housing), and Program 6B (Affirmatively Furthering Fair Housing) by creating new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, one challenge in creating new incentives for the ADU Incentive Program has been that State law already provides generous incentives for ADU and JrADU development (i.e., streamlined, ministerial review process and minimum size Attachment B
21 September 8, 2025 Item 11
Ordinance No. 1003

parameters) without an affordability requirement, particularly in single dwelling unit and two-unit zones; and
WHEREAS, on January 23, 2023, the City Council received a report with the findings of consultant studies that were completed to identify the financial feasibility related to construction of an ADU and how that relates to the likelihood of an owner choosing to build deed restricted low income units on their property; and WHEREAS, on July 11, 2023, the Planning Commission held a public workshop to discuss potential incentives related to the ADU Incentive Program; and WHEREAS, on September 12, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend approval of the Ordinance to the City Council; and
WHEREAS, on December 4, 2023, the City Council held a duly noticed public hearing and voted to introduce the ADU Incentive Program Ordinance; and WHEREAS, the amended ADU Incentive Program would slightly expand upon the existing incentives for single dwelling unit and two-unit zones and offer new incentives in multi-unit zones with greater economic feasibility to help offset the investment needed for creation of rent-restricted units with minimal impacts to the community consistent with the Del Mar Community Plan; and
WHEREAS, in single dwelling unit and two-unit/duplex zones any property owner that proposes to deed restrict a unit for rent to a lower income household would be eligible for one 500 square foot floor area ratio bonus and development of one bonus 500-square foot JrADU through the amended ADU Incentive Program; and WHEREAS, in multi-unit zones the amended ADU Incentive Program would allow for an increase in the number of market rate ADUs that can be developed on a multi-unit lot as an incentive that would be awarded proportional to the number of low income units created in order to help offset the cost associated with creation of rent restricted units; and
WHEREAS, the exact income limit for lower income households is based on a combination of federal and state law whereby the United States Department of Housing and Urban Development (HUD) annually sets median family income (MFI) numbers to reflect its Section 8 income limits and changes thereto, and California’s Department of Housing and Community Development then relies on the HUD MFI numbers to annually determine California’s area median income (AMI) limits; and WHEREAS, a lower income household is defined by State law as people or families whose gross income does not exceed 80 percent of AMI and includes low income, very low income, and extremely low income households; and 22 September 8, 2025 Item 11
Ordinance No. 1003

WHEREAS, an “Eligible Household” shall mean a household that has been determined to be eligible to be a tenant of the ADU as a lower income household; and WHEREAS, "Affordable Rent" shall mean the maximum allowable rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:

SECTION ONE:

An applicant for the ADU Incentive Program shall submit the City’s universal development application and the Accessory Dwelling Unit application forms. The application forms shall identify the proposed development, including specification of the number of proposed deed restricted lower income units, identification of which units on-site are proposed as income restricted units, and identification of whether the units will be deed restricted for a minimum of 30 years or 55 years. Property owners who meet the requirements of the ADU Incentive Program commitment shall be granted incentives to help the owner offset the investment needed for creation of rent restricted units as set forth in Sections Two and Three of the Ordinance.

SECTION TWO:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in single dwelling unit and two-unit/duplex zones. Development is eligible where proposed on single dwelling unit lots in the R1-5, R1-5B, R1-10, R1-10B, R1-14, R1-40, and CVPP zones, and where proposed on lots that allow duplex development in the R2, RM-West, RM-Central, and RM-East zones.

In single dwelling unit and two-unit/duplex zones, a property owner that proposes to deed restrict a unit for rent to a lower income household is eligible for the following incentives subject to requirements that the bonus JrADU be limited to a maximum size of 500 square feet and located in the walls of the primary residence or existing ADU structure on-site:
 One 500 square foot floor area ratio bonus that may be used to expand the existing primary unit development on the lot subject to Design Review Board approval; and an
 Allowance to develop one bonus 500-square foot JrADU subject to ministerial ADU permit approval, notwithstanding the parameters under California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to JrADUs in single unit zones.
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Ordinance No. 1003

SECTION THREE:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in the Medium Density Mixed Residential (RM-East, RM-West, and RM-Central) zones, Medium Density Multiple (RM-South), High Density Mixed Residential (R2) zone, and non-residential zones (North Commercial and Professional Commercial) with more dense development (five or more units). Development in the Visitor-Commercial zone is not eligible for the Program. The applicant can be the owner, or owner’s representative, and can include lots that are developed with apartments or condominium units.

On eligible properties with more dense development (five or more units), a property owner that proposes to deed restrict units for rent to lower income households is eligible for incentives allowing for an increase in the number of market rate units can be developed subject to requirements as follows:
 Owners shall designate the new deed restricted low-income units as any of the existing dwelling units and/or any new units proposed to be created on-site.  Non-conforming properties that are over density are allowed to participate in the ADU Incentive Program if the proposed development has an on-site property manager.
 The number of bonus units (ADU or JrADU) awarded as an incentive would be commensurate with the number of low-income units created and the length of time committed to by the property owner for the low-income deed restriction. One bonus unit shall be awarded for each low-income unit with a 30-year contract commitment and 1.5 bonus units awarded for units with a 55-year contract commitment, up to a maximum of 15 bonus units per project. Bonus units per the ADU Incentive Program would be in addition to the two detached ADUs allowed for multi-unit development per State ADU law.

The following table identifies the number of units allowed per lot for multi-unit projects. The column indicating the “total maximum new units” accounts for the two detached ADUs allowed per State ADU law plus the bonus units awarded as an incentive per the ADU Incentive Program, and accounts for the fact that deed restricted low-income units would be designated from a combined total of the existing dwelling units on-site and any new units developed on-site (per the ADU Incentive Program and State ADU law). The bonus unit calculation is rounded down to the nearest whole number.
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Ordinance No. 1003

Proposed Incentives for Existing Dense Multi-Unit Projects Bonus Units Awarded
if 30 year commitment
(1:1)
Bonus Units Awarded
if 55 year commitment
(1.5:1)
Low
Income
Units
Created
Total Maximum
New Units
(Includes two
per State law +
bonus units)
1 1 1 3
2 3 2 4-5
3 4 3 5-6
4 6 4 6-8
5 7 5 7-9
6 9 6 8-11
7 10 7 9-12
8 12 8 10-14
9 13 9 11-15
10 15 10 12-17
 Development of bonus units is subject to approval of an Administrative Coastal Development Permit in compliance with applicable ADU-related objective standards (exempt from discretionary review) and the following requirements:
o Bonus units would be allowed to be developed as ADUs or JrADUs up to a maximum size of 500 square feet, notwithstanding California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to a JrADU in single dwelling unit zones and specify other ADU size parameters that are not applicable to the ADU Incentive Program. o Bonus units would be required to be developed inside the walls of existing buildings on-site in converted or repurposed space and/or within a maximum of one new structure subject to compliance with certified Local Coastal Program protections for public scenic views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of applicable base zones/overlay zones.
o Development of the bonus units is exempt from the zone FAR and lot coverage limits.
o Development of new structures shall be minimized. The bonus units shall be located in existing structures or consolidated and co-located into a maximum of one new structure.
 Development of bonus units that involves construction of a new structure or remodel of the existing structure that involves relocation, alteration, or modification of the exterior of any structure shall be subject to approval of a discretionary Design 25 September 8, 2025 Item 11
Ordinance No. 1003

Review Permit in accordance with Del Mar Municipal Code Chapter 23.08 (Design Review), prior to approval of the required Administrative Coastal Development Permit.

SECTION FOUR:

The property owner shall record a deed restriction to memorialize the owner’s commitment to rent deed restricted ADUs or JrADUs at an “affordable rent” for the specified minimum number of years to any “eligible household”. The deed restriction shall ensure that the deed restricted ADUs or JrADUs are maintained as continuously available for rental and occupancy as low income affordable units, that the deed restricted ADUs or JrADUs shall not be rented at market rate during the deed restricted time period, and that the deed restricted ADUs or JrADUs shall not be used for any other purpose than rental and occupancy as low income affordable units.

SECTION FIVE:

State law requires that the City provide an annual report to California’s Department of Housing and Community Development by April 1 of each year to report on the status of the City’s progress in meeting its regional housing obligation and in the implementation of adopted Housing Element goals. The property owner shall agree to provide annual reports by February 1 that identify the status of the deed restricted ADUs or JrADUs.

Annual reports from the owner shall identify the total time rented during the prior calendar year, the rent collected, and shall include a statement of qualifying tenant income to demonstrate compliance with the maximum 80% area median income requirement.

SECTION SIX:

Lots that are developed to the maximum floor area of the applicable zone or that are legal non-conforming (i.e., non-conforming density) are eligible to participate in the ADU Incentive Program.

SECTION SEVEN:

The City shall have the authority to invoke the remedies and enforcement penalties for violation of this ordinance as set forth in Chapter 1.08, or any successor section thereof, of the Del Mar Municipal Code. Breach of any agreement entered into arising from this ordinance shall be considered a violation of this Ordinance. Notwithstanding the foregoing, the City shall also have the right to sue a property owner, for breaching the contract required by this ordinance, in the applicable state or federal court, not only for damages, but for specific performance of the contract. Nothing set forth in this Section shall serve to limit any other remedies available to the City at law or in equity and the City shall have the right to pursue all available remedies.

SECTION EIGHT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
26 September 8, 2025 Item 11
Ordinance No. 1003

 Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and  Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

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

SECTION NINE:

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

SECTION TEN:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
27 September 8, 2025 Item 11
Ordinance No. 1003

SECTION ELEVEN:

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

SECTION TWELVE:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption.

SECTION THIRTEEN:

Once 15 low-income units have been created by the program, City staff shall return to City Council to evaluate and determine next steps.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 18th day of December, 2023. ______________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
28 September 8, 2025 Item 11
Ordinance No. 1003

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. 1003, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of December, 2023, by the following vote:

AYES: Mayor Martinez, Deputy Mayor Quirk, Councilmembers Druker and Worden
NOES: Councilmember Gaasterland
ABSENT: None
ABSTAIN: None
______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
29 September 8, 2025 Item 11
RESOLUTION NO. 2023-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY

ESTABLISHING AN ACCESSORY DWELLING UNIT (ADU)
AMNESTY PROGRAM TO IMPLEMENT THE 6TH CYCLE
HOUSING ELEMENT PROGRAM 2B
WHEREAS, the City maintains a City Council Policy Book with adopted Council policies stating the City Council’s expectations for policies and procedures relating to General Administration, Boards, Commissions and Committees, and City Council Meeting Procedures; and
WHEREAS, the City Council adopted the 6th Cycle Housing Element on April 3, 2023, which included Program 2B within the Housing Plan indicating the City’s intent to establish an ADU Amnesty Program; and
WHEREAS, in accordance with State law the Housing Element is intended to facilitate opportunities for a variety of housing types at a variety of income levels to accommodate the Regional Housing Needs Assessment (RHNA); and WHEREAS, the purpose of the ADU Amnesty Program is to identify undocumented dwelling units that can be brought up to code and later be counted as moderate-income or low-income units to meet the City’s RHNA and adopted housing goals as stated in the Housing Element; and
WHEREAS, the City’s goal is to utilize a range of incentives offered through Housing Element Programs 2A and 2B to facilitate production of at least fifteen (15) lowincome units and create additional opportunities consistent with Housing Element Program 6B, which commits the City to implement a suite of actions to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and WHEREAS, establishing the ADU Amnesty Program by this City Council Policy would fulfill Program 2B within the Housing Plan of the certified Housing Element; and WHEREAS, the proposed action has been analyzed and determined to be Statutorily Exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15282(h) and Categorically Exempt per CEQA Guidelines Class 1 15301 (Existing Facilities), Class 2 Section 15302 (Replacement or Construction), Class 3 (New Construction or Conversion of Small Structures), and Class 32 (Infill Development Projects); and
WHEREAS, the proposed action is consistent with prior environmental analysis prepared for the 6th Cycle Housing Element Final Program Environmental Impact Report (“PEIR”) (SCH No. 2020029064) that was certified by the City Council on October 5, 2020 Attachment C
30 September 8, 2025 Item 11
Resolution No. 2023-48

(Resolution 2020-52), and that PEIR analyzed the Housing Element Programs, including the Amnesty Program, and disclosed all anticipated environmental impacts of future housing development programs and reduce those impacts to levels of insignificance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby ratifies and approves City Council Policy 119 as set forth in Exhibit A to this Resolution; and
NOW, BE IT FURTHER RESOLVED that City Council Policy 119 be incorporated into the City Council Policy Book.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 4th day of December 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
31 September 8, 2025 Item 11
Resolution No. 2023-48

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. 2023-48, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of December 2023, by the following vote:

AYES: Mayor Martinez, Deputy Mayor Quirk, Councilmembers Druker, Gaasterland, and Worden
NOES: None
ABSENT: None
ABSTAIN: None
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
32 September 8, 2025 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: 12/04/2023
BY RESOLUTION: 2023-48
PAGES: 1 OF 3
I. PURPOSE AND INTENT:

This policy establishes the City of Del Mar Accessory Dwelling Unit (ADU) Amnesty Program and outlines the procedure by which a property owner would legalize an existing ADU that was previously constructed without the benefit of permits. The intent of the policy is to legalize unpermitted dwelling units and identify undocumented dwelling units that can be documented and reported to the State Department of Housing and Community Development Department in the Annual Housing Progress Report. Further, this Program will provide incentives to create deed-restricted moderate and low-income housing that can be assigned as moderate and lowincome units in the City’s Regional Housing Needs Allocation (RHNA) and adopted housing goals as stated in the Housing Element. The establishment of this policy satisfies Program 2B and is a component of Program 6B of the City’s Certified 6th Cycle Housing Element.

II. POLICY
A. PROCEDURE:

The Amnesty Program shall commence on the date the policy is adopted by the City Council and be active for two years, unless extended by the City Council. Property owners will come forward, either voluntarily or through the City’s Code Enforcement process, to legalize the unpermitted dwelling unit(s) on their property. During the two-year Program, fee waivers may be granted in accordance with Table 1 below, depending on how the ADU is utilized.

Below is a step-by-step procedure to legalize an existing, unpermitted Accessory Dwelling Unit, and for creation of a low-income housing unit.
1) Property owner contacts the Planning Department for assistance with legalizing the existing ADU.
a. If the property owner comes forward due to a code enforcement complaint, a portion of the code enforcement fees may be waived in accordance with this Program.
2) City staff shall verify the unit existed as of April 15, 2021, and that the unit has not been previously counted toward the City’s RHNA.
3) The City shall provide confidential consultation and free initial inspection by Building Inspectors.
4) Applicant applies for Administrative Coastal Development Permit (Admin CDP), consistent with Chapter 30.91 and Chapter 30.75 of the Del Mar Municipal Code 33 September 8, 2025 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: 12/04/2023
BY RESOLUTION: 2023-48
PAGES: 2 OF 3
(DMMC). A portion of the permit fees may be waived for the Admin CDP as an incentive to create affordable housing for moderate-income or low-income households. 5) A building permit is required through the Building Division. The Applicant shall submit plans and a building permit application to begin the process. A portion of the building permit fees may be waived as an incentive to create affordable housing for moderate-income or low-income households.
6) Once the building permit is issued, the Applicant has five years to bring the ADU into compliance with Building Code Standards. The building permit standards related to timing for permit expiration identified in DMMC Section 23.50.030 shall be waived. 7) After the ADU has been brought into compliance with the California Building Code, and final building permit inspection has been completed on the building permit, if the Applicant agrees to rent the unit as a rent-restricted unit for moderate-income or lowincome households for a 30-year period, a deed restriction shall be recorded with the County of San Diego documenting the income-restrictions of the unit.

See Table 1 on next page
34 September 8, 2025 Item 11

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: 12/04/2023
BY RESOLUTION: 2023-48
PAGES: 3 OF 3
Table 1: Fee Waivers/Concessions based on ADU Type
Above Moderate
(Market Rate)
Moderate-Income ADU Low-Income ADU
Code Enforcement Fees/Fines Partial waiver up to
$500 maximum
100% waiver applied 100% waiver
applied
Administrative Coastal
Development Fees
No waiver applied 50% waiver applied 100% waiver
applied
Building Permit Fees, including
Building Inspection
No waiver applied 50% waiver applied 100% waiver
applied
Deed Restriction Recordation Fee No waiver applied 50% waiver applied 100% waiver applied
ADU Incentive Program N/A N/A  Bonus JrADU
 500 SF FAR bonus
towards non-ADU
development onsite
Additional Concessions No additional
concessions
 Accommodate existing ADU size that
exceeds allowed maximum ADU size
(attached or detached ADU)
 Accommodate ADU with existing height
greater than 16 feet
 Accommodate existing ADU size that
exceeds allowable FAR/lot coverage for the
lot
35 September 8, 2025 Item 11