Del Mar City Council
August 25, 2026

BACKGROUND:

The project site is located at 785 Kalamath Drive in the R1-10 zone (see Exhibit A) and is located on a corner lot that fronts along Kalamath Drive to the north and Crest Road to the east. The subject property is surrounded by single residential dwelling units in the R1-10 zone to the north, south, east, and west. The property is approximately 11,082 square feet in area and is currently developed with a two-story, single residential dwelling unit, a detached carport, a swimming pool, and perimeter chain link fencing along the property line on Kalamath Drive and Crest Road that is approximately four and one-half feet in height. The existing chain link fencing is located within Juniper and Monterey Cypress landscaping hedges that are approximately eight feet in height which screens the fence from view.

The property also includes an approximate eight-foot-tall glass fence that is set back approximately three feet and eight inches from the property line from Kalamath Drive.

Based on the County of San Diego’s building permit records, the existing residence and pool were permitted and constructed in 1929, and the eight-foot-tall glass fence was permitted in 1958. There was an approximate 596-square-foot, second floor addition to include a master bedroom and bathroom within existing attic space which was permitted in 1978. The property has remained mostly unchanged since 1978.

The Del Mar Municipal Code (DMMC) Section 30.86.170 – Swimming Pools, requires that a swimming pool must maintain a protective fence or enclosure around a pool that is at least five feet tall, as measured on the exterior façade above the finished grade, which is consistent with the Uniform California Building Code for public health and safety. This provision in the DMMC is applicable to existing swimming pools such as the property in question. However, any fence or wall that is erected for the purposes of a swimming pool must conform to other applicable zoning standards such as fence and wall height found in DMMC Section 30.86.090. The zoning code allows fences to be three-andone-half feet high within the required front yard and street side yard setback and allows a height increase of six inches for every two feet that a fence is set back from a property line, not to exceed a maximum height of six feet.

The existing, approximately eight-foot-tall hedges along Kalamath Drive historically acted as a barrier from accessing the property and pool. However, a portion of that hedge was damaged by a construction vehicle that reversed into the hedges. The vehicular damage created an opening, allowing access onto the property and pool from the public right-of-way. Furthermore, hedges are not adequate protective enclosures for pools per the California Building Code. As a result, in January 2021, a Notice of Violation was issued to the property owner under Code Enforcement Case No. CE22-014 for not complying with DMMC Section 30.86.170, which requires enclosing the pool with a protective fivefoot-high fence. Therefore, the applicant is requesting a Variance request to allow a five-foot-high chain link fence to be constructed within the front yard (Crest Road) and street side yard (Kalamath Drive) setback area, and to allow the existing four-and-one-half foot-high chain link fence to remain along the property line on Kalamath Drive and Crest Road to comply with the minimum requirements per DMMC Section 30.86.170 and the California Building Code for public health and safety reasons. 58 November 8, 2022 Item 01 199 August 25, 2026 Item 14

PLANNING COMMISSION
STAFF REPORT: V22-001
November 8, 2022

PROJECT DESCRIPTION:

The applicant is seeking a Variance to construct a five-foot-high, black vinyl-coated, chain link fence within the front yard (Crest Road) area and street side yard area (Kalamath Drive), and to allow an existing four and one-half-foot-high chain link fence located along the property line to remain (Exhibit B). The proposed Variance request is for an increase in the maximum fence height that is specific to three different segments of fencing on the lot along Kalamath Drive and Crest Road.

The pool was constructed in 1929; and at that time, it was placed in what is considered today’s front yard and street side yard setback area, which is the area within 20 feet from the Crest Road property line and 10 feet from the Kalamath Drive property line. The existing, permitted dwelling including the pool, and fencing, predates the City’s adoption of the current DMMC Section 30.86.170 for swimming pool fencing regulations and DMMC Section 30.86.90 for fence height which were adopted in the early 1990s, which makes the site nonconforming.

As mentioned above, DMMC Section 30.86.090 allows fences to be three and one-half feet high within the required front yard setback and allows a six-inch increase in height for every two feet a fence is set back from a property line, not to exceed a maximum height of six feet. The existing fourand-one-half foot high chain link fence is proposed to remain in place because removing the chain link fence would require full removal off the existing eight-foot-tall hedges that have been in place since before the owners have occupied the residence in 1973. The existing four-and-one-half-foothigh chain link fence is not fully visible from the public right-of-way because the hedges screen it from view. However, since the existing four-and-one-half foot high chain link fence does not meet the minimum height requirement of five feet per code for swimming pool enclosures, and the existing hedges do not meet code requirements as a proper enclosure for pool safety, the applicant is proposing a five-foot-high, black, vinyl-coated, chain link fence to be constructed on the interior side of the existing hedges. Because the new fence will be sited on the interior side of the existing hedges, the new fence will be fully screened from view from the public right-of-way.

The zoning code allows for a six-inch increase to the maximum fence height for every two feet in distance that a fence is set back from the property line. The proposed Variance request is for an increase in the maximum fence height that is specific to three different segments of fencing on the lot. The need for a variance is related to the respective distance between the fence and the property line due to the existing site conditions and public health and safety requirements. The three-part request includes:
1) Existing fence along Kalamath Drive and Crest Road: The existing four-and-one-half foot high chain link fence that is proposed to remain is located on the property line. Since the zoning code permits a maximum three-and-one-half feet high fence at the property line, the existing fence would require Variance approval to allow an increase of one foot beyond the maximum allowed at the property line.
2) Proposed fence segment along Kalamath Drive: The proposed five-foot, black vinyl-coated, chain link fence along Kalamath Drive is setback four feet, which allows an increase of one foot to the permitted three-and one-half-foot height, or an overall fence height allowance of 59 November 8, 2022 Item 01 200 August 25, 2026 Item 14

PLANNING COMMISSION
STAFF REPORT: V22-001
November 8, 2022

four-and-one-half-feet high. Therefore, the portion of the proposed fence along Kalamath Drive would require Variance approval to increase the height by six inches above the allowed height.
3) Proposed southerly fence segment along Crest Road: The southerly portion of the proposed five-foot-high, black vinyl-coated, chain link fence along Crest Road is approximately 12 feet and eight inches in linear feet. The fence is 1.5 feet from the property line, which means the maximum fence height permitted is three-and one-half-feet and would require a Variance approval to increase the fence height by 18 inches.

Most of the northerly portion of the proposed five-foot-high, black, vinyl-coated, chain link fence along Crest Road is setback at a distance from the property line that varies between six to seven or more feet. This portion of the proposed fence does not require the approval of a Variance request as it is set back at a sufficient distance that meets code requirements for maximum fence height.

The Table below outlines the specific height request for the Variance application:

Section of Fence Existing fence along
Kalamath Drive & Crest
Road
Proposed fence portion
along Kalamath Drive
Proposed southerly portion
along Crest Road
Proposed Fence
Height

4.5 ft. 5 ft. 5 ft.

Fence Distance
to Property
Line (PL)
Located on PL 4 ft. setback from PL 1.5 ft. setback from PL Maximum
Fence Height
per DMMC

3.5 ft. 4.5 ft. 3.5 ft.

Variance
Request

4.5 ft. – 3.5 ft. = 1 ft.
1 ft. above max. allowed per
code
5 ft. – 4.5 ft. = ½ ft.
6 in. above max. allowed
per code
5 ft. – 3.5 ft. = 1.5 ft.

1.5 ft. above max. allowed
per code
DESIGN REVIEW CONSIDERATIONS: If the requested Variance is granted, the applicant will be required to obtain the appropriate Design Review approvals for the proposed improvements. As proposed, the project would be subject to an Administrative Design Review (ADR) for compliance with the City’s Design Review Ordinance (DMMC Chapter 23.08).

ANALYSIS:

The findings required to grant a Variance are found in DMMC Chapter 30.78. The proposed findings are included below and contained in the draft Resolution of Approval attached as Exhibit C. 60 November 8, 2022 Item 01 201 August 25, 2026 Item 14

PLANNING COMMISSION
STAFF REPORT: V22-001
November 8, 2022

A. A variance from the terms of the Zoning Ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Proposed finding: The property is not unusual with respect to its size, shape, or topography; however, it does involve unique circumstances as it relates to existing nonconformities with the location of the pool. Based on building permit records, the pool was permitted and constructed in 1929 and at that time, the pool was placed within the area that is considered today as a front yard setback area which creates a nonconformity due to the location of the pool. DMMC Section 30.86.170 requires new and existing pools to have a protective fence, wall, or enclosure to act as a barrier and shall be no less than five feet high, which is consistent with the requirements of the California Building Code to ensure public health and safety. However, DMMC Section 30.86.090 limits fence height within required front yard and street side yards to three-and-one-half feet, with the exception that allows an additional increase of six inches for every two feet a fence or wall is set back from a property line.

The existing pool was legally constructed at a time that predates the current Zoning Ordinance requirements. Applicable State and local laws require that a minimum five-foot-high fence be maintained around the existing pool. The requested Variance is necessary to allow an increase in the height of the fence for compliance with this public health and safety requirement. The strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification of R1-10 in that the property would not be able to continue to utilize a permitted pool, which is a typical amenity associated with single residential dwelling uses.

Additionally, the existing and permitted property layout restricts the property owner from relocating the pool to another area of the lot as most of the structure is sited toward the front yard (Crest Road) and street side (Kalamath Drive) yard setback areas to the north and east. The interior side yard setback along the south end of the lot is utilized as a driveway to enter an existing carport and further limits the relocation of the permitted pool. Relocating the pool would require extensive renovations to the existing and permitted residential dwelling unit and eliminating the permitted pool would deprive the property owner from privileges enjoyed by other properties in the vicinity under the R1- 10 zoning classification. Furthermore, setting back the proposed fence further from the property line would reduce the usable pool and yard area for the property owner, further depriving the property of privileges enjoyed by other properties in the area. Therefore, it is staff’s recommendation that this finding could be made based on special circumstances created by previously approved permits that allowed the existing site configuration or nonconformities.

B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

Proposed finding: Granting of the Variance request would not grant special privileges inconsistent with the limitations upon other properties in the vicinity and R1-10 zoning designation as the property 61 November 8, 2022 Item 01 202 August 25, 2026 Item 14

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STAFF REPORT: V22-001
November 8, 2022

in question has unique circumstances such as the location of the existing and permitted dwelling unit and pool that limits the property from complying with the zoning ordinance. If the property were developed today, the granting of the Variance request would grant special privileges; however, because the site is existing and was permitted as such, the increase in fence height is necessary to comply with minimum California Building Code requirements for public health and safety.

Furthermore, a corner property located within the vicinity of the subject property, north on Crest and south of Via Alta, has been granted the same privilege with City authorization in 1971 which allowed a six-foot-high fence along the street side property line.

C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

Proposed finding: The Variance request would not authorize a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property because the current single residential dwelling unit use is an allowed use in the R1-10 zoning classification. Site amenities such as fences and walls are typically associated with residential uses. The Variance request would not create new zoning standards for the property but would allow an existing pool and fence to remain in place as it has existed for many decades without nuisance to adjacent properties. Any future development proposals would be subject to current R1-10 zoning standards unless a separate Variance were granted.

D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification:

1. Could be avoided by an alternate development plan;
Proposed finding: The project could not be avoided by an alternate development plan. The existing, permitted single residential dwelling unit was designed to span across most of the lot, and encroaches into the front and street side yard setback areas along Kalamath Drive and Crest Road. The driveway to access the existing carport is located along the south side yard area. The only open areas to relocate the pool without having to extensively renovate the existing and permitted residential dwelling unit would be to place it within the street side yard setback area along Kalamath and is not permitted per DMMC Section 30.86.200(4)(b), which limits pools to areas within rear or interior side yards.

Another alternate location would be within the interior side yard area on the south side of the property; however, this area is utilized as the driveway that leads to the existing carport and allows for the standing of vehicles. Relocating the pool to this area would require extensive renovations to the existing and permitted dwelling unit. In addition, if the proposed fence was set back further from the property line to comply with height requirements, the area of the pool or yard would be reduced and not usable by the property owner. Furthermore, the existing pool, existing four-and-one-half high chain link fence, and existing eight-foot-high hedges have been in place for decades without issues to the surrounding neighborhood. The Variance request would maintain the existing conditions as the existing chain link fence will remain in place and the proposed, five-foot-high, black, vinyl-coated chain link fence will be placed on the interior side of the existing hedges, which will fully screen the 62 November 8, 2022 Item 01 203 August 25, 2026 Item 14

PLANNING COMMISSION
STAFF REPORT: V22-001
November 8, 2022

new fence from view from public right-of-way, effectively creating little to no visual impacts to the surrounding neighborhood.

2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor;
Proposed finding: The Variance request was induced by the owner’s predecessor as the existing home and pool were permitted in 1929 which predates the current Zoning Code and California Building Code. However, the existing and permitted property configuration restricts the property owner from relocating the pool to another area of the lot as most of the structure is sited toward the front yard and street side yard setback areas to the north and east, and any feasible area to relocate the pool would be located within the street side yard setback which is not permitted. The interior side yard setback along the south end of the lot is utilized as a driveway to access an existing carport and further limits the relocation of the permitted pool. Setting the proposed fence further from the property line to comply with the height requirement would reduce the usable area of the pool or yard area.

Furthermore, the existing pool, existing four-and-one-half high chain link fence, and existing eightfoot-high hedges have been in place for decades without issues to the surrounding neighborhood. The Variance request would maintain the existing conditions as the existing chain link fence will remain in place and the proposed, five-foot-high, black, vinyl-coated chain link fence will be placed on the interior side of the existing hedges, which will fully screen the new fence from view from the public right-of-way, effectively creating little to no visual impacts to the surrounding neighborhood.

3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or
Proposed finding: The Variance request would not allow a variation as to constitute a rezone or amendment to which other property owners are not entitled. The proposed and existing fences are typical structures for residential uses and the request would only allow a minor increase to fence height to ensure public health and safety, by creating a protective barrier that would restrict access onto the property and into the pool from the public right-of-way.

4. Would authorize or legalize the maintenance of any private or public nuisance.

Proposed finding: The Variance request would not result in the authorization or legalization of a public nuisance. Fences and walls are common and allowed structures in residential areas such as the R1-10 zoning designation, and the proposed and existing fences do not create privacy issues or other potential for nuisance to adjacent neighbors or the public.

CORRESPONDENCE:

As of the writing of this report, no correspondence has been received regarding the subject project.

RECOMMENDATION:

63 November 8, 2022 Item 01 204 August 25, 2026 Item 14

PLANNING COMMISSION
STAFF REPORT: V22-001
November 8, 2022

Staff is of the opinion that the required findings can be made to recommend approval of the requested Variance. The proposed findings are contained in the draft Resolution of Approval attached as Exhibit C.

Respectfully submitted,
Jessica Evans
Senior Planner
Exhibit A – Aerial Photograph
Exhibit B – Site Plan
Exhibit C – Draft Planning Commission Resolution PC-2022-XX 64 November 8, 2022 Item 01 205 August 25, 2026 Item 14 V22-001 - SCHUCKIT
EXHIBIT "A"
65 November 8, 2022 Item 01 206 August 25, 2026 Item 14 August 21, 2022 Project Location Jack Smyer Architect, Del Mar, Ca. 92014, 858-755-4731, [email protected] A
U
T
H
O
R
N
A
M
E
A 01
2,343.14 sf
C-13730
OCT 2013
JACK

BE RT SMYE
R

LICENSED ARCHITECT

STATE OF CALIFORNIA
20237

NO GRADING, HARDSCAPE AND LANDSCAPE

IMPROVEMENTS ARE INCLUDED WITH THIS PROJECT
APN: 300-151-03
LEGAL DESCRIPTION:

LOT 755 and the Northerly 10 feet of Lot 756, ARDEN HEIGHTS NO 6, according to Map thereof No. 1592 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 18, 1913
Site Plan
1" = 10'-0"
23 A-001
20220915
N60 26' 34" E 110.00'
Owner: Mr. & Mrs. Marc Schuckit
785 Kalamath Dr.

Del Mar, Ca. 92014
Architect: Jack Smyer Architect
1110 Camino Del Mar, Suite F
Del Mar, Ca. 92014
8587354631
[email protected]
Planning
Consultant RJS Planning
Dr. Robert Scott
1155 Camino Del Mar. #119
Del Mar, Ca. 92014
8584801098
[email protected]
PROJECT / SCOPE of Work
Pool Enclosure That Includes the Following:

Proposed 90.3 Lin. Ft. of a 5' Hgt. Chain link fencing.

Existing 37.67 Lin. Ft. of Existing Glass Fencing
OverLay Zones
Coastal Height Limit
Coastal (City)
ZONING: R1-10
Zoning Existing Proposed
Front yard 20' 11.3' 11.3'
Street Sideyard 10' 25.75' 25.75'
Sideyard 7.5' 23.25' 23.25'
Rearyard SB 25' 12.5' 12.5'
Building Heights: 26' 22.0' 22.0'
Parking 2 Carport 2 Carport

Existing Lot Area 11,082 sf 11,082 sf
Existing Floor Area 2,600 sf 2,600 sf
Habitable Floor Area 2,600 sf 2,600 sf
Carport 400 sf 400 sf
ADU 0 sf 0 sf
Total Floor Area 2,600 sf 2,600 sf
ADU CREDIT 0 sf <0 sf>
Total 2,600 sf 2,600 sf
FAR 25% 23.4%
Coverage 40% 25%
CODE Occupancy Group R-3
Building Construction V-B
NO FIRE SPRINKLERS or FIRE ALARMS
Vicinty Map Kalamath Drive Site Plan
Plan
True 10'-0"
N60 26' 34" E 110.00' N 21 16' 15" E 101.30'
N 21 16' 15" E 101.30'
Existing
Carport
Existing Residence Existing Driveway Kalamath Drive Crest Road 12'-6"
41'-7" 26'-0"
42'-6" 2'-6 1/4" 23'-0"
454.05 sf
Existing
Patio
Existing
Patio
Sidewalk
Site
10'-0"
20'-0"
7'-6"
25'-0"
20' Frontyard Setback Line
25' Rearyard Setback Line

7.5' Sideyard Setback Line
10' Street Sideyard Setback Line
Existing 4.5' Hgt Chain Link
Fence on Property Line Existing 8' Hgt.

Glass Screen
Existing Monterey
Cypress/Juniper Hedge
8' Hgt. TO REMAIN Existing
Existing Sidewalk
Existing
Sidewalk
Proposed 5' Hgt Black Chain Link Fence N.T.S
28'-6"
73'-2"
Area of Truck
Damage to Hedge
ExistingStairs
49'-3"
12'-8"
Proposed 5' Chain Link Fence Proposed 6' Chain Link Fence Proposed 5' Chain Link Fence
37'-8 1/4"
5'-0"
5'-0"
19'-6"
8'-2 1/4" Existing
Pool
4'-0"
7'-6"
Existing
Patio True North
AVI00.3 Enclosure; required characteristics.

An enclosure shall have all of the following characteristics:

1. Any access gates through the. enclosure open away
from the swimming pool and are self-closing with a
self-latching device placed, no lower than 60 inches
(1524 mm) above the ground.

2. A minimum, height of 60 inches (1524 mm).

3. A maximum vertical clearance from the ground to the
bottom of the enclosure of 2 inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm.) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds
or footholds that could enable a child below the age of five years to climb over.

4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa.

The exit alarm may cause either an alarm noise or a
verbal warning, such as a repeating notification that
“the door to the pool is open. ”

5. A self-closing, self-latching device with a release
mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors pro­ viding direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unautho
rized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard
F2208 “Standard Safety Specification for Residential
Pool Alarms, ” which includes surface motion, pres­
sure, sonar, laser and infrared type alarms. A swim
ming protection alarm feature designed for individual
use, including an alarm, attached to a. child that sounds when the child exceeds a certain distance or becomes
submerged in water, is not a qualifying drowning pre
vention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by
any of the features set forth above and has been inde
pendently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engi
neers (ASME).

N.T.S 785 Kalamath Drive Existing 4.5' Hgt. Chain Link
Fence
Proposed 90.3 Lin. Ft. x 5' Tall
Chain Link Fence Black in Color 20'-6 1/2"
20'-6 1/2" 8' Hgt. x 40' Lin. Ft. Existing Glass
Screen Symbol Description Existing 8' Tall Monterey Cyprus/Juniper Hedge, TO REMAIN Legend:

Black Color
Proposed 5' Hgt Chain Link
Fence, Black, Located @ Edge
of Existing Brick Patio, Typ. 6'-0"
Typical Pool Gate Notes: Fence height will be measured from the lowest adjacent grade to the top of the fence and is measured from the exterior facade. Please ensure that the height provided on the plans reflects the measuring requirement.

Existing 4.5' Hgt Fence
Located On Exiting
Property Line
Existing
Fence
Existing Planting Within
Right-of-Way
7'-10"
Existing 47" Wide x 65" Tall Pool Gate "as-built" is
located 7'-10" From Property Line (Sec. 30.86.090.A.1,

7.83 / 2 = 3.91 x 6" = 23.46", 42"+ 23.46" = 65.46" Max.

Hgt. 65.46" Existing < 66" Max. Allowed.).

Existing Gate Is To be Modified To Comply With Pool
Gate Requirements , See "TYPICAL POOL GATE NOTES"
Indicated To The Left.
5'-3" 4'-10"
2'-10"
PROJECT / SCOPE of Work
A Variance and ADR for a portion of an Existing Windscreen and a New 5'-0" tall Black Vinyl-Coated Chain link Fence to provide pool Security Fencing for an Existing Pool.

Located with in the Front and Street Side Yard.

As well as the Modification of the Existing 47" Wide x 65" Tall Pool Metal Gate.

To Comply With Today's Pool Gate Code Requirements.
3'-8" 7'-0"
Existing
Pool Equip. 1'-6"
RECEIVED Oct 26 2022
City of Del Mar
Planning Department
EXHIIBT "B"
66 November 8, 2022 Item 01 207 August 25, 2026 Item 14 RESOLUTION NO. PC-2022-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF DEL MAR, CALIFORNIA APPROVING VARIANCE
V22-001 TO INCREASE THE REQUIRED FRONT YARD AND

STREET SIDE YARD FENCE HEIGHT FROM THREE AND
ONE-HALF FEET TO FIVE FEET IN THE R1-10 ZONE,
LOCATED AT 785 KALAMATH DRIVE, DEL MAR,
CALIFORNIA.

WHEREAS, on June 3, 2022, Judith Schuckit (Applicant), applied for a Variance (V22- 001) to increase the front yard and street side yard fence height from three-and-one-half feet to five feet in the R1-10 zone, located at 785 Kalamath Drive (APN: 300-144-03-00); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15303(e) (Class 3 – New Construction or Conversion of Small Structures). This is appropriate for the proposed project because it involves the construction of a fence accessory to an existing single residential dwelling structure. It is further determined that none of the six exceptions to the use of a Categorical Exemption apply to this project (CEQA Guidelines Section 15300.2); and
WHEREAS, on November 8, 2022, the Planning Commission of the City of Del Mar held a public hearing on the Variance application (V22-001) at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the Applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated November 8, 2022, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Del Mar that with regard to application V22-001, the Planning Commission makes the following findings for approval:

1. The property is not unusual with respect to its size, shape, or topography; however, it does involve unique circumstances as it relates to existing nonconformities with the location of the pool. Based on building permit records, the pool was permitted and constructed in 1929 and at that time, the pool was placed within the area that is considered today as a front yard setback area which creates a nonconformity due to the location of the pool. DMMC Section

30.86.170 requires new and existing pools to have a protective fence, wall, or enclosure to act as a barrier and shall be no less than five feet high, which is consistent with the requirements of the California Building Code to ensure public health and safety. However, DMMC Section 30.86.090 limits fence height within required front yard and street side EXHIBIT "C"
67 November 8, 2022 Item 01 208 August 25, 2026 Item 14 Resolution No. PC-2022-XX
V22-001

yards to three-and-one-half feet, with the exception that allows an additional increase of six inches for every two feet a fence or wall is set back from a property line. The existing pool was legally constructed at a time that predates the current Zoning Ordinance requirements.

Applicable State and local laws require that a minimum five-foot-high fence be maintained around the existing pool. The requested Variance is necessary to allow an increase in the height of the fence for compliance with this public health and safety requirement. The strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification of R1-10 in that the property would not be able to continue to utilize a permitted pool, which is a typical amenity associated with single residential dwelling uses. Additionally, the existing and permitted property layout restricts the property owner from relocating the pool to another area of the lot as most of the structure is sited toward the front yard (Crest Road) and street side (Kalamath Drive) yard setback areas to the north and east. The interior side yard setback along the south end of the lot is utilized as a driveway to enter an existing carport and further limits the relocation of the permitted pool. Relocating the pool would require extensive renovations to the existing and permitted residential dwelling unit and eliminating the permitted pool would deprive the property owner from privileges enjoyed by other properties in the vicinity under the R1-10 zoning classification. Furthermore, setting back the proposed fence further from the property line would reduce the usable pool area for the property owner, further depriving the property of privileges enjoyed by other properties in the area.

2. Granting of the Variance request would not grant special privileges inconsistent with the limitations upon other properties in the vicinity and R1-10 zoning designation as the property in question has unique circumstances such as the location of the existing and permitted dwelling unit and pool that limits the property from complying with the zoning ordinance. If the property were developed today, the granting of the Variance request would grant special privileges; however, because the site is existing and was permitted as such, the increase in fence height is necessary to comply with minimum California Building Code requirements for public health and safety. Furthermore, a corner property located within the vicinity of the subject property, north on Crest and south of Via Alta, has been granted the same privilege with City authorization in 1971 which allowed a six-foot-high fence along the street side property line.

3. The Variance request would not authorize a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property because the current single residential dwelling unit use is an allowed use in the R1-10 zoning classification. Site amenities such as fences and walls are typically associated with residential uses. The Variance request would not create new zoning standards for the property but would allow an existing pool and fence to remain in place as it has existed for many decades without nuisance to adjacent properties. Any future development proposals would be subject to current R1-10 zoning standards unless a separate Variance were granted.

4. The project could not be avoided by an alternate development plan. The existing, permitted single residential dwelling unit was designed to span across most of the lot, and encroaches into the front and street side yard setback areas along Kalamath Drive and Crest Road. The 68 November 8, 2022 Item 01 209 August 25, 2026 Item 14 Resolution No. PC-2022-XX
V22-001

driveway to access the existing carport is located along the south side yard area. The only open areas to relocate the pool without having to extensively renovate the existing and permitted residential dwelling unit would be to place it within the street side yard setback area along Kalamath and is not permitted per DMMC Section 30.86.200(4)(b), which limits pools to areas within rear or interior side yards. Another alternate location would be within the interior side yard area on the south side of the property; however, this area is utilized as the driveway that leads to the existing carport and allows for the standing of vehicles.

Relocating the pool to this area would require extensive renovations to the existing and permitted dwelling unit. In addition, if the proposed fence was set back further from the property line to comply with height requirements, the area of the pool or yard would be reduced and not usable by the property owner. Furthermore, the existing pool, existing fourand-one-half high chain link fence, and existing eight-foot-high hedges have been in place for decades without issues to the surrounding neighborhood. The Variance request would maintain the existing conditions as the existing chain link fence will remain in place and the proposed, five-foot-high, black, vinyl-coated chain link fence will be placed on the interior side of the existing hedges, which will fully screen the new fence from view from public right-of-way, effectively creating little to no visual impacts to the surrounding neighborhood.

5. The Variance request was induced by the owner’s predecessor as the existing home and pool were permitted in 1929 which predates the current Zoning Code and California Building Code. However, the existing and permitted property configuration restricts the property owner from relocating the pool to another area of the lot as most of the structure is sited toward the front yard and street side yard setback areas to the north and east, and any feasible area to relocate the pool would be located within the street side yard setback which is not permitted. The interior side yard setback along the south end of the lot is utilized as a driveway to access an existing carport and further limits the relocation of the permitted pool.

Setting the proposed fence further from the property line to comply with the height requirement would reduce the usable area of the pool or yard area. Furthermore, the existing pool, existing four-and-one-half high chain link fence, and existing eight-foot-high hedges have been in place for decades without issues to the surrounding neighborhood. The Variance request would maintain the existing conditions as the existing chain link fence will remain in place and the proposed, five-foot-high, black, vinyl-coated chain link fence will be placed on the interior side of the existing hedges, which will fully screen the new fence from view from the public right-of-way, effectively creating little to no visual impacts to the surrounding neighborhood.

6. The Variance request would not allow a variation as to constitute a rezone or amendment to which other property owners are not entitled. The proposed and existing fences are typical structures for residential uses and the request would only allow a minor increase to fence height to ensure public health and safety, by creating a protective barrier that would restrict access onto the property and into the pool from the public right-of-way.

7. The Variance request would not result in the authorization or legalization of a public nuisance. Fences and walls are common and allowed structures in residential areas such as 69 November 8, 2022 Item 01 210 August 25, 2026 Item 14 Resolution No. PC-2022-XX
V22-001

the R1-10 zoning designation, and the proposed and existing fences do not create privacy issues or other potential for nuisance to adjacent neighbors or the public.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar that application V22-001 is approved, subject to the following conditions:
[Note: The conditions listed below may have intentional gaps in numbering or lettering.]

GENERAL CONDITIONS
G-3 [Development authorization limited to plan set]
This permit is granted based on submitted plans dated October 26, 2022, and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.

G-7 [Code Enforcement Compliance]
Approval of this Variance (V22-001) shall not waive the requirement for compliance with the provisions of the DMMC or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this Permit authorization.

G-13 [Permit Expiration]
This Permit Variance (V22-001) shall expire three years from the date of approval, on November 8, 2025, unless a Building Permit has been issued and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.

SPECIAL CONDITIONS:

SC-1 [Design Review Permit Required]
In accordance with the DMMC, any new development shall be subject to separate receipt of a valid Design Review Permit. Implementation of the Variance granted herein shall be subject to compliance with all terms and conditions of said Design Review Permit. 70 November 8, 2022 Item 01 211 August 25, 2026 Item 14 Resolution No. PC-2022-XX
V22-001

PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 8 th
day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Philip M. Posner, Chair
Del Mar Planning Commission
ATTEST:
_____________________________
Karen Brindley
Planning and Community Development Director

THIS RESOLUTION AND AGREEMENT IS VALID WHEN SIGNED BY PARTIES TO THE APPLICATION. PLANNING COMMISSION APPROVAL IS BASED ON COMPLIANCE WITH THE AFOREMENTIONED CONDITIONS. NON-COMPLIANCE WITH ANY STATED CONDITION RENDERS THE PERMIT V22-001 NULL AND VOID AND/OR SUBJECT TO CODE ENFORCEMENT.
****************************************************************************** I have read and understand the above conditions of approval for V22-001 and hereby agree to abide by all conditions of approval.
____________________ ________________________________________________ Date Judith Schuckit
71 November 8, 2022 Item 01 212 August 25, 2026 Item 14 From: Planning Mail Box
Sent: Monday, June 1, 2026 2:10 PM
To: Jean Crutchfield
Subject: FW: APN: 300-020-18-00 335 13th St. AGAIN
From: Robert Silva <[email protected]>
Sent: Friday, May 29, 2026 10:52 AM
To: Planning Mail Box <[email protected]>
Subject: Fw: APN: 300-020-18-00 335 13th St. AGAIN
Thank you,
Robert Silva | Administrative Assistant
City of Del Mar | Administrative Services Department
1050 Camino del Mar, Del Mar, CA 92014
Direct Line | 858-375-9526| [email protected]
From: Lisa Knight <[email protected]>
Sent: Friday, May 29, 2026 10:27 AM
To: City Clerk Mail Box <[email protected]>
Cc: Knight Dave <[email protected]>
Subject: APN: 300-020-18-00 335 13th St. AGAIN

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commissioners,
Please stand firm. Deny this further request from the applicant, who was given your serious and thoughtful consideration on February 10. It would set a precedent that negates the code and would encourage future projects to proceed without permits.

ATTACHMENT I
213 August 25, 2026 Item 14
The code is perfectly clear and the applicant had plenty of time (and advice) before proceeding.

Those of us who have followed the city codes and permit procedures did so in good faith that the city would enforce codes equally.

Thank you!
Sincerely,
Lisa and Dave Knight
610-212-2373
_______________
Lisa P. Knight,
David M. Knight
348 13th St
Del Mar, CA 92014
214 August 25, 2026 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Associate Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: August 25, 2026
SUBJECT: Encroachment Permit (EP) 26-053 to Permit Vehicle Access Gates and Flagstone Pavers Within a Utility Easement Located at 101 11th Street Applicant: Del Mar 107, LLC
Site Address: 101 11th St.

APN: 300-094-01-00
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the attached Resolution (Attachment A) conditionally approving Long-term Major EP26-053 to permit vehicle access gates and flagstone pavers within a utility easement and the public right-of-way at 101 11th Street.

BACKGROUND:

This property began the development process in 2024 by applying for a Design Review Board (DRB) 24-011 permit, Coastal Development Permit (CDP), and Land Conservation (LC) permit to demolish an existing two-story single-family home and construct a new two-story, home, pool, and site improvements. The subject property is currently developed with a twostory, single-family home, an existing second-primary unit adjacent to Penny Lane (alley), and two Accessory Dwelling units under construction, one for each of the primary dwelling units on the site. The property is bound by the North County Transit District (NCTD) railroad right-of-way to the west, 11th Street to the north, and Penny Lane (alley) to the south. Existing vehicular access to the lot is provided from both 11th Street and Penny Lane. A vicinity map that shows the developed parcel is included as Attachment B.

An existing City sewer main is located along the west portion of the property, running northsouth through the length of the site and extending to properties on either side. In the review process of DRB24-011, staff determined that the existing sewer main does not have a recorded sewer easement for maintenance and emergency repair access. Therefore, the Applicant is required to dedicate a utility easement to the City for access to the sewer main. 1 August 25, 2026 Item 15
City Council Agenda Report
EP26-053 (101 11th St.)
August 25, 2026

In 1942, the County of San Diego vacated Ocean Avenue, which existed to the west of the property from 10th Street to 11th Street. With that street closing, the Applicant’s lot acquired approximately 10 feet by 16 feet of what was previously Ocean Avenue. The westernmost 16 feet of the paved Penny Lane is part of the Applicant’s property to the middle of the alley.

With the approval of DRB24-011, City Engineering included a condition requiring the applicant/property owner to record a document against the deed for the property called an "Irrevocable Offer to Dedicate" (IOD) for Public Pedestrian Access within this 10-foot wide by 16 feet deep easement located on the westerly most corner of the property. This easement would allow for public pedestrian access across to the alley and the City’s ability to maintain, repair, or replace public utilities or the public’s right to pedestrian coastal access to the easement.

Both the utility access easement and the IOD are being presented to the City Council on August 25, 2026, for Council consideration and approval. If approved, there will be a dedicated utility access easement that is 15 feet wide on the west side of the Applicant’s property that runs north to south. In addition, approval of the IOD will establish a formal 10 feet wide by 16 feet deep public access easement on the westerly most corner of the property.

On May 11, 2026, the Applicant filed an application to permit a 42-inch-tall inward swinging gate from 11th Street to access the utility easement area, a 4-foot-tall rolling gate adjacent to Penny Lane to access the easement area, and flagstone pavers within the southern portion of the utility easement area. The gate on the 11th Street side of the property is located approximately five feet into the public right-of-way from the property line, while the rolling gate adjacent to Penny Lane is located on private property. Plans depicting the encroachments within the utility easement are included as Attachment C.

While the access gates are considered a Long-term Major improvement that requires City Council approval per Del Mar Municipal Code (DMMC) Sections 22.12.050 and 23.28.020, the flagstone pavers proposed within the southern portion of the utility easement are a Longterm Minor improvement, which only require approval by the City Manager. For ease of processing, all encroachments have been consolidated in the Long-term Major EP for Council’s consideration.

ANALYSIS/DISCUSSION:

Under DMMC Section 23.28.020, a Long-term Major EP is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.

In addition, DMMC 22.12.050(C) requires City Council approval for any structures located within easements granted to the City for utility, roadway, and trail purposes. 2 August 25, 2026 Item 15
City Council Agenda Report
EP26-053 (101 11th St.)
August 25, 2026

Required Findings
Pursuant to DMMC Section 23.28.070, there are six (6) required findings for approval of a Long-term Major EP that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:

Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.

Permitting the vehicle access gates and flagstone pavers within the utility access easement will not endanger public health, safety, or welfare, or the surrounding property. There is no public access within the utility easement, and the gates will remain closed when not in use.

Additionally, the Applicant will be required to install a Knox Box that will provide access to emergency vehicles and the City.

Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

The encroachments to be authorized under this EP will not unreasonably interfere with the use of the easement because the area is improved with asphalt, making it accessible for City and emergency services vehicles. As part of the conditions of approval, a landscape plan must be provided depicting low-lying vegetation (less than six inches in mature height), ungrouted pavers, or other City approved surface that meets City standards. The planting of new trees or shrubs will not be allowed within the easement area.

Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The Applicant went through the development permit process to construct a home consistent with the character of the community and in accordance with city standards. During the review of the DRB permit, it was discovered that the that the existing sewer main on the west side of the property does not have a recorded sewer easement for maintenance and emergency repair access. Therefore, the Applicant is required to dedicate a 15-foot utility easement. The proposed encroachments within the utility access easement are compatible with the aesthetics of the community. The improved access easement itself will be screened from public view and will only be accessible by emergency vehicles or City staff.

Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.

The encroachments authorized under the EP are consistent with other improvements found in the neighborhood and reflect similar improvements found in the South Bluff neighborhood.

Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.
3 August 25, 2026 Item 15
City Council Agenda Report
EP26-053 (101 11th St.)
August 25, 2026

The City will record a dedicated easement for utility access that is not accessible by the public because it is on private property. The improvements within this easement will allow City staff to maintain public utility infrastructure and will not be a detriment of the interests of the general public. Furthermore, the IOD to be recorded for public pedestrian access within the 10-foot wide by 16 feet deep easement located on the westerly most corner of the subject parcel would allow for public pedestrian access across to the alley and the City’s ability to maintain, repair, or replace public utilities or the public’s right to pedestrian coastal access to the easement.

Finding 6: The proposed Encroachment will not convert significant area of public property to private use.

The improvements located within the southern portion of the utility access easement area are on private property and therefore are not converting public property to private use. The vehicle swing gate on 11th Street is approximately five feet into the public right-of-way; however, that area that is not traversable by the public, and therefore would not convert significant area of public property to private use.

As a condition of approval, the vehicle access gates will include a Knox Box to allow emergency vehicles access to the easement to respond to an emergency. In addition, the City will have access to the easement area to maintain and address the utility infrastructure on the property in the event of an emergency. A covenant will be recorded on the property that would require that all private improvements in the easement be maintained by the property owner including the requirement to provide adequate clearance over the easement area. This includes the condition of approval for a landscape plan requiring vegetation less than six inches in mature height, un-grouted pavers, or other City approved surface that meets City engineering standards. Should the property owner wish to install additional improvements or vegetation within this easement, they will need to go through the EP process.

Based on the above analysis, all required findings have been satisfied. Therefore, staff recommends City Council adopt the Resolution (Attachment A) conditionally approving Longterm Major EP26-053.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item because this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15303(e)(Class 3 – New Construction or Conversion of Small Structures), in that the Project proposes the construction of a new vehicle access gate for the utility easement. It has been determined that none of the six exceptions to the use of a Categorical Exemption are 4 August 25, 2026 Item 15
City Council Agenda Report
EP26-053 (101 11th St.)
August 25, 2026

applicable because the project will not generate any significant environmental impacts. (See:

Guidelines Section 15300.2).

ATTACHMENTS:

Attachment A – Resolution Approving EP26-053
Attachment B – Vicinity Map
Attachment C – Site Plan
5 August 25, 2026 Item 15
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT
EP26-053 TO ALLOW VEHICLE ACCESS GATES AND

FLAGSTONE PAVERS WITHIN A DEDIDICATED UTILITY

ACCESS EASEMENT ON THE WEST SIDE OF THE PROPERTY
AT 101 11TH STREET (APN: 300-094-01-00) IN DEL MAR,

CALIFORNIA
WHEREAS, the City of Del Mar (City) has a dedicated utility access easement on the property at 101 11th Street; and
WHEREAS, Del Mar 107, LLC (Applicant) has filed an application for an Encroachment Permit (EP26-053) seeking approval for a rolling gate and vegetation within the utility access easement along with a swing gate in the public right-of-way, adjacent to 101 11th Street (Project); and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within an easement; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and
WHEREAS, DMMC 22.12.050(C) requires City Council approval for any structure placed over or within any City utility easement; and
WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 Class 3 – New Construction or Conversion of Small Structures in that the project proposes to allow vehicle access gates and flagstone pavers; and WHEREAS, on August 25, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Plans developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated August 25, 2026, incorporated by reference as though fully set forth herein; and
6 August 25, 2026 Item 15
Resolution 2026-XX

d. Additional information submitted and testimony provided during the hearing on August 25, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP26-053 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):

Findings:

1. Permitting the vehicle access gates and flagstone pavers within the utility access easement will not endanger public health, safety, or welfare, or the surrounding property. There is no public access within the utility easement, and the gates will remain closed when they are not in use. Additionally, the Applicant will be required to install a Knox Box that will provide access to emergency vehicles and the City.

2. The encroachments to be authorized under this EP will not unreasonably interfere with the use of the easement because the easement area is improved with asphalt making it accessible for City and emergency services vehicles. As part of the conditions of approval, a landscape plan must be provided depicting low-level vegetation (less than six inches in mature height), un-grouted pavers, or other City approved surface that meets City standards. The planting of new trees or shrubs will not be allowed within the easement area.

3. The Applicant went through the development permit process to construct a home consistent with the character of the community and in accordance with city standards. During the review of the DRB permit, it was discovered that the that the existing sewer main on the west side of the property does not have a recorded sewer easement over the existing sewer utility for maintenance and emergency repair access. Therefore, the Applicant is required to dedicate a 15-foot utility easement. The proposed encroachments within the utility access easement are compatible with the aesthetics of the community. The improved access easement itself will be screened from public view and will only be accessible by emergency vehicles or City staff.

4. The encroachments authorized under the EP are consistent with other improvements found in the neighborhood and reflect similar improvements found in the South Bluff neighborhood.

5. The City will record a dedicated easement for utility access that is not accessible by the public because it is on private property. The improvements within this easement will allow City staff to maintain public utility infrastructure and will not be a detriment of the interests of the general public. Furthermore, the IOD to be recorded for public pedestrian access within the 10-foot wide by 16 feet deep easement located on the westerly most corner of the subject parcel would allow for public pedestrian access across to the alley and the City’s ability to maintain, 7 August 25, 2026 Item 15
Resolution 2026-XX

repair, or replace public utilities or the public’s right to pedestrian coastal access to the Easement.

6. The improvements located within the southern portion of the utility access easement area are on private property and therefore, not converting public property to private use. The vehicle swing gate on 11th Street is approximately five feet into the public right-of-way however, in an area that is not traversable by the public and therefore, not converting significant area of public property to private use.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP26-053 shall be subject to the following conditions:

Document Conditions:

DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.

Special Conditions:

SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time in accordance with Del Mar Municipal Code section 23.28.180. Upon notification of the City, the property owner shall remove the private improvements from the City easement, or maintain the vegetation to the satisfaction of the City.

SP-2 [Knox Box]
The applicant must install a knox box to ensure that emergency services, including Fire, have access to this portion of the property. The location of the knox box shall be installed at the direction of the Public Works Representative.

SP-3 [Gate Latch]
The applicant must install a gate latch to allow the swing gate on 11th Street to remain in an open position.

SP-4 [Landscape Plan]
Prior to the issuance of Building Permits associated with development application DRB24-011, the applicant shall submit a revised landscape plan for DRB24-011.

The revised landscape plan shall depict, within the dedicated sewer easement 8 August 25, 2026 Item 15
Resolution 2026-XX

area, low-level vegetation (less than six-inches in mature height), un-grouted pavers, or other City-approved surface that meets the City Engineering standards for stormwater management and can be quickly and efficiently removed in the case of a sewer pipeline emergency. The planting of new trees or shrubs will not be allowed within the easement area. The revised landscape plan will be subject to review and approval of the Planning and Community Development Director. Any revisions to the Landscape plan proposed outside of the sewer easement area may be subject to additional Design Review.

Public Works Conditions:

PW-1 [Notification prior to and after Completion of Work] The applicant agrees to notify the Public Works representative at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.

Applicant shall state the EP number, original date of approval and a short description of the work. Additionally, upon completion of the work, the applicant agrees to immediately notify the Public Works representative of such completion.

Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works representative. The permittee shall be responsible for calling Guillermo Landoni with MBI at 619-203-4162.

PW-3 [USA Markout]
At least 72 hours prior to the excavation of any area within a right-of-way, the applicant shall contact Underground Services Alert (USA) at (800) 422-4133 for the purpose of identifying the location of buried utilities so as to avoid disturbance thereof. All proposed dig or trench areas shall be pre-marked with white paint prior to contacting for USA mark out. No work shall commence until USA mark out has occurred.

The permittee is advised that the locations of utility lines may vary from those shown on approved project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permittee’s responsibility.

The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit. Should a utility conflict be present, then the Contractor shall contact the Engineer of Work immediately, in order to provide sufficient time for a redesign and approval of construction change.

PW-6 [Location of Walls & Fences]
No walls, wall footings or fences shall be constructed within the Public Right of Way.

PW-7 [Marking of Curbs and Roadways]
The applicant shall not apply paint or other permanent marking substance to any paved surface or curbs, except for: 1) refreshing of official traffic markings or 9 August 25, 2026 Item 15
Resolution 2026-XX

marking approved on a plan set authorized by the City; 2) markings of underground facilities in connection with construction or maintenance work; or 3) numbers painted on curbs to identify an address. The applicant shall be responsible for the removal of any temporary markings immediately upon completion of the project.

Chalk paint or feathers shall be used in grass and vegetation areas.

PW-8 [No Removal of Street Signs or Monuments]
No traffic or street signs of any kind are to be moved for any reason without first obtaining permission from the Public Works or as depicted on an approved plan set.

PW-17 [Public Works Inspection]
Permittee shall schedule inspections with the Public Works, through MBI at (619) 203-4162, at least 24 hours prior to need as follows:
a) Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
b) Street Excavation T-Cut and Final
c) Sewer Lateral Capping during Demolition and New Lateral Connection to Main
d) Water- Cross Connection Inspection prior to final.
e) All Other Encroachment Activity Final
General Encroachment Conditions:

GEP-1 [EP – Excavation Scheduling]
No excavation or trenching shall occur within a City right-of-way on days when City of Del Mar City offices are closed. Those days include all Saturdays and Sundays and all days on which City Holidays are observed.

GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

GEP-3 [EP - Removal of improvements]
The applicant agrees that if any vegetation, structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so. The removal shall be accomplished at the expense of the applicant 10 August 25, 2026 Item 15
Resolution 2026-XX

or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.

A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.

GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.

GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.

GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted must commence within one year from the date of approval, on August 25, 2027, or the permit shall expire. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28.

No extension shall be granted for a period greater than one (1) year.

GEP-8 [EP - Work to be Performed by a Licensed Contractor] All work authorized by an Encroachment Permit shall be performed by a licensed contractor from one of the following classes: “A” General Engineering Contractor, “C34” Pipeline Contractor or a “C42” Sanitation System Contractor. A copy of such a license shall be provided to the City prior to the commencement of work and shall be retained at the project site. This requirement may be waived by the City Engineer’s office when the work to be performed is limited to minor improvements or maintenance for residential property adjacent to the City right-of-way or easement and when the work will be performed by the resident or owner of the benefited residential property. This information shall be provided prior to the commencement of any work in a public right-of-way.

GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, 11 August 25, 2026 Item 15
Resolution 2026-XX

CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer’s office to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.

GEP-10[EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the City may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.

GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.

GEP-12[EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.

GEP-13[EP - Notification of Utility Owner]
The applicant shall notify the appropriate Public Utility a minimum of seventy-two (72) hours prior to performing any work on or adjacent to any public utility. All such work shall be done only with authorization and with inspection by the appropriate utility owner.

GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA 12 August 25, 2026 Item 15
Resolution 2026-XX

requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm GEP-21[EP – Cleanup, Backfilling and Compaction]
Cleanup, backfilling, and Compaction shall be as follows:
a) Cleanup After Completion - Immediately after completion of the work, the permittee shall cleanup and remove all materials, earth and debris of any kind.

If the permittee fails to do so within 24 hours after having been notified to do so by the City, the work may be done by the city and the permittee charged the costs of such work. When a pole, guy-stub or similar timber is removed and not replaces, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
b) Backfilling and compaction – Backfilling and compaction of an excavation of an evacuation shall be in accordance with the Standard Specifications for Public Works Construction (Sections 301 and 306), as well as any special standards established by the City. Backfilling shall be completed before the end of the workday. No open trenches shall be left after normal working hours. c) Restoration of right-of-way - upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing or rebuilding it in accordance with the specifications or any specific requirements, but not less than to its original condition before the encroachment work was commences. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the City. When the excavation occurs within an area already paved, the city may make the necessary restoration. The permittee can be notified or can respond to notification; the City may make the necessary restoration. The permittee shall reimburse the City in accordance with the costs of such work.

All work shall be in accordance with City standards and Public work Standard Specifications for Construction (Green Book Section 302 and 306.).

GEP-24[EP – Archaeological]
The permittee shall cease work in the vicinity if any archaeological resources that are revealed. The City shall be notified immediately. A qualified archaeologist, retained by the permittee, will evaluate the situation, and make recommendations to the City concerning the continuation of the work.

GEP-25[EP – Monument Preservation]
Location of monuments shall be tied out prior to work. Any City monument damaged, displaced, or destroyed by Permittee’s work shall be replaced by Permittee at Permittee’s sole expense.
13 August 25, 2026 Item 15
Resolution 2026-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 25th day of August 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Christina M. Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 25th day of August 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
14 August 25, 2026 Item 15
Attachment A 15 August 25, 2026 Item 15
SD/
MO

TWO STORY
RESIDENCE PER DRB24-011
EXISTING ADU 2
103 11TH STREET
(800 SQ/FT)
(1 BEDROOM)
11TH STREET

EXISTING UPPER UNIT
102 PENNY LANE (1022 SQ/FT)
(1 BEDROOM)
EXISTING ADU 1 LOWER UNIT
104 PENNY LANE (794 SQ/FT)
(1 BEDROOM)
F.F. 74.08'

PENNY LANE
L= 170.17' R= 5679.65' DELTA= 1o 43' 00"
N72d41'00" E 50.00'
S17d20'05" E 160.10'
S72d48" W 61.05'
EX. TREE
EXISTING 12" SEWER
PER DWG. NO. E-88-008-03

EASEMENT
SEWER
15' - 0"
EX. TREE

EASEMENT
SEWER
15' - 0"

EASEMENT
SEWER
15' - 0"

EXISTING DECK

ON GRADE
2 21' - 9"
3' - 4 1/2"

EXISTING DECK

ON GRADE
2 28' - 2 1/4"
3' - 4 1/2"
15' - 4 1/2"

EXISTING STONE
PAVING
4 PROPOSED 4' HIGH

ROLLING GATE
5 NORTH

POOL/ SPA
PER
DRB24-011

DRIVEWAY
RESIDENCE PER DRB24-011

FLAGSTONE
PAVERS
150 LB EACH

PROVIDE INWARD SWINGING GATE
15' - 0"

ROLLING GATE OPENING
15' - 0"
35' - 11"
4' - 0 1/4"
LEGEND

ENCROACHING

SEWER EASEMENT

EXISTING/ PROPOSED

BUILDING
ENCROACHMENTS 2 EXISTING ON GRADE DECK 1 NOT USED
NEW INWARD 42" HIGH

SWINGING GATE
34 EXISTING PAVING/ FLAGSTONE
PROPOSED 4' HIGH

ROLLING GATE
5 5
3 3

PROJECT

LOCATION N

CAMINO DEL MAR
11 th STREET PENNY LANE 10 th STREET MELANIE WAY

OCEAN AVE
11 th ST. LUNETA DRIVE 10 th STREET
9 th STREET
SEA ORBIT LANE 12 th STREET
STRATFORD CT.

PROJECT

LOCATION
PROPOSED 4' HIGH WOOD ROLLING GATE
15' - 0"
4' - 0"

PROPERTY LINE

PROPERTY LINE
GRADE
30" MAX.

EXISTING STONE
WALL
3' - 6"
42" HIGH WOOD GATE
NEW
15' - 0"
Scale:

Job No.

Date:

Drawn by:

Checked by:

REN. 7/31/2027
No. C 21312
T A
OF
E
S T
NR
FO
L
I
C
A
AI
D
E
S
C
ME A
L I
J SE N
ET
EE
E.

SN
D
T C
I
RCH
A
Sheet Title
All ideas, designs, and arrangements indicated on these drawings are the property of Bokal & Sneed Architects and are intended to be used in connection with this specific project only and shall not otherwise be used for any purpose whatsoever without the written consent of Bokal & Sneed Architects. There shall be no changes or deviations from these drawings or the accompanying specifications without the written consent of Bokal & Sneed Architects.

HARRINGTON

ENCROACHMENTS
As indicated
8/3/2026 3:40:35 PM
A101

SITE PLAN/ SECTION
2125
KN
JES
101 11TH STREET
DEL MAR, CA 92014
No. Date Description
1/8" = 1'-0"
1 ENCROCHMENT SITE PLAN
APPLICANT:

DEL MAR 107, LLC
(THOMAS HARRINGTON)

ARCHITECT

BOKAL & SNEED ARCHITECTS
244 9TH STREET
DEL MAR, CA 92014
TEL: (858) 481-8244
CONTACT: JAMES SNEED, KHALED NASER

CIVIL ENGINEER

JP ENGINEERING
4849 RONSON COURT, SUIT 105
SAN DIEGO, CA 92111
TEL: (858) 569-7377
CONTACT: JORGE PALACIOS
1/8" = 1'-0" VICINITY MAP
2 ROLLING GATE @ ALLEY SOUTH

ELEVATION
1/8" = 1'-0"
4 SWINGING GATE @ 11TH STREET

ELEVATION
Attachment C 16 August 25, 2026 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Adriana Jaramishian, Associate Planner
Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: August 25, 2026
SUBJECT: Introduction of an Ordinance to Amend the Del Mar Municipal Code Lot Line Adjustment Regulations and Adoption of Resolution Establishing a Reduced Planning Fee
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Confirm the requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); 2) Introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapters

24.70 (Lot Line Adjustments) and 24.64 (Parcel Maps) applicable to applications for lot line adjustment and lot consolidation requests; and 3) Adopt a Resolution (Attachment B) establishing a reduced fee in the City’s FY 2027 Planning Fee Schedule to reflect the new streamlined process option for lot line adjustments and lot consolidations.

BACKGROUND:

Lot line adjustments, also referred to as boundary adjustments, are requests for a transfer of land between existing parcels. California Government Code Section 66412(d), which is a section in the California Subdivision Map Act, specifically authorizes lot line adjustments between four or fewer adjoining parcels, where land is transferred between existing parcels, and no additional parcels are created. The Subdivision Map Act generally recognizes lot line adjustments as a streamlined process intended to facilitate boundary modifications. Lot consolidations, also known as lot mergers, are requests to merge two or more existing, adjacent lots (up to four) under common ownership. While the Subdivision Map Act does not specifically make reference to lot consolidations, it is standard practice to process those requests in the exact same way as lot line adjustments.

DMMC Chapter 24.70 establishes the procedures for lot line adjustments (boundary adjustments) in the City of Del Mar. The existing process can be cumbersome for approval of lot line adjustments, lot consolidations, and vacations of old easements that are no longer applicable or in use. City staff, in working closely with the City’s contracted Engineering firm (Michael Baker International), have identified where the regulations could better reflect current practices, streamline the process, and provide clear direction to applicants. 1 August 25, 2026 Item 16
City Council Agenda Report
Lot Line Adjustment Ordinance
August 25, 2026

Planning Commission Recommendation:

On July 14, 2026, the Planning Commission confirmed the environmental determination and recommended the City Council approve the code amendments as proposed. The Commissioners discussed whether the lot consolidation regulations could result in an increase in development potential or a loss of local housing stock. However, the standard of review includes a finding that there will be no net loss of housing units. If a lot consolidation application includes demolition of an existing dwelling unit, that dwelling unit would need to be replaced on-site per State law. Also, the proposed amendments are not expanding development potential, rather, will provide an additional processing mechanism for lot line adjustments/lot consolidations. The development standards of the base zone (specifically density) remain applicable with no proposed changes.

The recommendation from the Planning Commission was unanimous.

DISCUSSION/ANALYSIS:

Currently, proposals for a lot line adjustment or lot consolidation require submittal of Boundary Adjustment (plat map) and Coastal Development Permit (CDP) applications. These application types are processed administratively, per DMMC Section 30.75.080(E) for CDPs and Section

24.70.030 for the requested map action, and are subject to a Planning and Community Development Director decision. Pursuant to DMMC Section 30.75.080(F), if the site is located in the mapped California Coastal Commission (CCC) Permit Appeals jurisdiction, a noticed administrative hearing is required for action on the CDP. The Director’s decision may be appealed to the City Council, and the final decision on the CDP may be appealed to the Coastal Commission if the site is in the CCC Permit Appeals jurisdiction.

These requests require submittal of a plat map to depict the lot lines to be adjusted, existing structures and easements on site, and public right-of-way. If the proposed lot line adjustment or lot consolidation affects any easements or right-of-way, the easements or right-of-way must be vacated or moved. For reference, an easement is a type of property right that entitles one entity to a specific use of a portion of another person’s property. The requirement for easement vacation is usually included as a condition of approval for the Boundary Adjustment and must be completed prior to submittal of the final plat with the Certificate of Compliance application to the City (additional information on a Certificate of Compliance below).

Depending on the type of easement, a vacation can be difficult to accomplish. For example, vacation of a private easement requires a re-recording with the County of San Diego to remove the easement from the title of a property and vacation of City easements require City Council approval. Recently, applicants for lot consolidations have also experienced complications where an easement exists on the title for the benefit of a utility company that is no longer in operation and unreachable to authorize vacation of the easement.

Once all required vacation actions have been completed, all conditions of approval have been satisfied, and the Record of Survey is recorded by the applicant with the County, the applicant would then submit a Certificate of Compliance (COC) application to the City. A COC is used by the City to memorialize the legality of a parcel for development purposes. All COC applications are approved by the Planning and Community Development Director and recorded with the 2 August 25, 2026 Item 16
City Council Agenda Report
Lot Line Adjustment Ordinance
August 25, 2026

County by the City Clerk. This is the final step in the lot line adjustment (or lot consolidation) process to confirm the new legal description of the proposed lot lines result in legal parcels.

The proposed Ordinance is intended to clarify and streamline the process for lot consolidations and lot line adjustments. The amendments also establish application requirements and objective approval criteria.

Lot Consolidations:

The amendments are proposed to clarify the decision process for lot consolidation actions in DMMC Chapter 24.70. As a practical matter, the City has historically processed lot consolidations as lot line adjustments. However, similar to the Subdivision Map Act, the City’s municipal code does not explicitly state that lot consolidations are covered by this process. As proposed, the regulations applicable to lot consolidations will be codified to explicitly identify that all references to lot line adjustments are also applicable to lot consolidations and will be processed in the same manner.

Lot Line Adjustment/Lot Consolidation Parcel Map:

The proposed amendments also add an option in DMMC Chapters 24.64 and 24.70 that would provide an alternative process for applicants to submit a Parcel Map for lot line adjustment or lot consolidation applications, instead of processing a plat map as required by the existing process.

The existing process would still remain in place as an option for applicants, as it is explicitly stated in the Subdivision Map Act that local municipalities cannot require a parcel map for lot line adjustment or lot consolidation applications. Staff is proposing this as an additional (voluntary) option for applicants to choose from.

The proposed alternative process is in line with other cities. For example, in San Diego County, the City of San Diego and the City of San Marcos are already utilizing the proposed streamlined Parcel Map process for lot line adjustments and lot consolidations. Also, while reviewing recently submitted applications processed by the City, it appears preparation of a Parcel Map for lot line adjustments and lot consolidations is already the preferred approach for some engineers who process projects in Del Mar.

The Parcel Map option would improve the process by providing a streamlined procedure for staff and applicants. The primary benefit is reducing the timeframe related to easement vacations, streamlining potential land vacations, and removing the requirement for a separate Record of Survey, which is recorded with the County prior to the final step in the process, the submittal of a Certificate of Compliance (COC) application. COC applications require preparation by the applicant’s engineer, submitting a processing fee, and review by Planning and Engineering staff before it can be recorded with the County. The Parcel Map option removes the COC application requirement because with the Parcel Map option, easement and land vacations would simply occur with the recordation of the approved parcel map with the County, thus removing steps in the process. Removal of the COC requirement would allow applicants to comply with the conditions of approval; submit a final Parcel Map for signatures, monument the corners of the new property; and record a new grand deed that reflects the legal description of the new lot lines without having to initiate a separate COC application for processing through the City and 3 August 25, 2026 Item 16
City Council Agenda Report
Lot Line Adjustment Ordinance
August 25, 2026

recordation with the County. This process would reduce administrative resources allocated to processing lot line/lot consolidation requests.

The proposed Parcel Map process for lot line adjustments and lot consolidations would be subject to the submittal requirements in Chapter 24.70 as amended and exempt from the standard Parcel Map public hearing process for subdivisions in DMMC Chapter 24.64. Future applications for the Parcel Map option would still be processed administratively, subject to the decision of the Planning and Community Development Director, with the option to appeal to the City Council. The findings for disapproval of an application (DMMC Section 24.70.040) would also still apply, as well as the request for suspension of design requirements (DMMC Section 24.70.090). The existing and proposed regulations are consistent with the Subdivision Map Act.

For this new streamlined processing option, the City Council is asked to establish a lower Boundary Adjustment application fee, which would reduce application costs. A request for lot line adjustment or lot consolidation would be charged the following fees:

Current Fee Schedule New Fee Schedule
Standard Process with
COC
Streamlined Parcel Map Option
without COC
Boundary Adjustment
with COC: $3,857
Boundary Adjustment with
COC: $3,857 ($2,466
+$1,391)
Boundary Adjustment: $2,466
Coastal Development
Permit: $342
Coastal Development Permit:
$342
Coastal Development Permit:
$342
Engineering Review:
$1,619
Engineering Review: $1,619 Engineering Review: $1,619
Total: $5,818 Total: $5,818 Total: $4,427
The City’s fee schedule currently states that the Boundary Adjustment application fee includes processing of the required COC. Since the COC would no longer be required with the parcel map option, staff is proposing a reduced Boundary Adjustment application fee of $2,466, which is the result after subtracting the COC only fee ($1,391). An additional public noticing fee would also be charged should the application require an administrative hearing, pursuant to the regulations listed previously in this report. As published in the current FY 2027 Planning Fee Schedule, the public noticing fee would include a flat $163 charge, plus $0.78 for each parcel the notice is sent to.

The proposed amendments also include the following modifications:
• A new Purpose and Intent section in Chapter 24.70, which calls attention to the City’s two potential options for processing an applicant’s request. • Replacement of references to the term “lot(s)” in certain instances to “parcel(s)” for consistency with the Subdivision Map Act.
4 August 25, 2026 Item 16
City Council Agenda Report
Lot Line Adjustment Ordinance
August 25, 2026

• A new finding added to DMMC Section 24.70.070 to ensure the proposed application will not result in a net loss of housing units, pursuant to California Government Code Section 65863, which means an application for lot line adjustment or lot consolidation cannot be approved if removal of a housing unit is proposed without replacement. • An added requirement to record an updated grant deed was added for consistency with Government Code Section 66412(d).
• For consistency with the Del Mar Municipal Code, processing timelines in this code section have been changed from 15 calendar days to 10 working days.

FISCAL IMPACT:

There is no fiscal impact associated with Council approval of this item. The proposed actions include establishing the reduced Boundary Adjustment application fee in the City’s fee schedule associated with the streamlined Parcel Map process. The fee would offset the cost of City staff time for review and processing of lot line adjustment and lot consolidation requests.

ENVIRONMENTAL IMPACT:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the activity is covered by the commonsense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed code amendments have been analyzed, and it has been determined that they would not result in significant effects on the environment or an increase in the severity of effects on the environment. No further environmental documentation is necessary.

Future lot line adjustment and lot consolidation applications are discretionary actions that will be subject to project-level CEQA review.

HOUSING IMPACT:

This Ordinance would be providing an additional option for applicants to process requests for lot line adjustments or lot consolidations. No parcels can be created by this process, and a finding has been included with the amendments to ensure no net loss of housing units in the City of Del Mar. Therefore, there would be no impact to the City’s housing supply with adoption of the Ordinance.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The proposed Ordinance is a City Council Tier II priority project for Fiscal Years 2025-2026 and 2026-2027.

Attachment A – Draft Ordinance
Attachment B – Resolution for establishing new application fee Attachment C – Strikeout-Underline Copy of Ordinance
5 August 25, 2026 Item 16

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE
CHAPTER 24.70 (LOT LINE ADJUSTMENTS) AND CHAPTER

24.64 (PARCEL MAPS) RELATED TO THE PROCESSING OF

LOT LINE ADJUSTMENT AND LOT CONSOLIDATION

REQUESTS
WHEREAS, requests for lot line adjustments are governed by the California Subdivision Map Act in California Government Code Section 66412(d); and WHEREAS, while the Subdivision Map Act does not explicitly refer to lot consolidations, they are processed in the same manner as lot line adjustment requests; and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 24.70 establishes the procedure and standard of review for lot line adjustments and lot consolidations; and WHEREAS, the City identified areas where DMMC Chapter 24.70 could be updated and streamlined to establish greater consistency and predictability for processing of applications requesting lot line adjustments and lot consolidations; and WHEREAS, the proposed amendments to DMMC Chapters 24.70 and 24.64 include a standard procedure and new optional, voluntary process for Applicants who request a lot line adjustment or lot consolidation which establishes consistency between the California Subdivision Map Act and the Del Mar Municipal Code; and WHEREAS, notice of the scheduled Planning Commission public hearing on July 14, 2026, was published in the Coast News Group Newspaper on June 26, 2026, and posted on the City’s website and at City Hall on June 25, 2026; and WHEREAS, on July 14, 2026, the Planning Commission held a duly noticed public hearing to review the proposed amendments to the Del Mar Municipal Code and the associated environmental determination in accordance with the California Environmental Quality Act (CEQA) and provide a recommendation to the City Council; and WHEREAS, the Planning Commission unanimously recommended the City Council confirm the environmental determination and adopt the amendments as proposed; and
WHEREAS, notice of the scheduled City Council public hearing on August 25, 2026, was published in the Coast News Group newspaper on August 14, 2026. 6 August 25, 2026 Item 16
Ordinance No. XXXX

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

SECTION ONE: That the title of DMMC Chapter 24.70 is amended to read as follows:

Chapter 24.70 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS SECTION TWO: That DMMC Section 24.70.005 is added to read as follows:

24.70.005 Purpose and Intent
It is the purpose of this Chapter to establish the two procedures related to requests for lot line adjustments or lot consolidations. Applicants may choose their preferred procedure for processing a lot line adjustment or lot consolidation. For consistency, Section

24.70.010 and Sections 24.70.030 through 24.70.090 of this Chapter shall apply to both procedures.

SECTION THREE: That DMMC Section 24.70.010 is amended to read as follows:

24.70.010 Requirements
Notwithstanding any other provisions of this Title to the contrary, every person desiring to adjust a lot line(s) between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjacent parcel, without creating a greater number of parcels, or consolidate up to four adjacent parcels under common ownership, shall comply with the procedures set forth in this Chapter for obtaining authorization for a Lot Line Adjustment or Lot Consolidation. (Government Code § 66412(d)) SECTION FOUR: That DMMC Section 24.70.020 is amended to read as follows:

24.70.020 Filing of a Plat
A. The applicant shall file with the Planning Department a proposed plat depicting the Lot Line Adjustment or Lot Consolidation. The form and content of the proposed plat shall comply with the requirements contained in this Title for parcel maps creating minor subdivisions.

B. No tentative parcel map or parcel map shall be required.

C. In addition to the required Lot Line Adjustment or Lot Consolidation plat, the applicant shall provide a title report for the parcels to be adjusted, along with any other information deemed necessary by the Director of Planning and Community Development for the processing of the application. The applicant shall also pay the established fee before the application is accepted for filing.

D. The application shall be deemed complete when:
7 August 25, 2026 Item 16
Ordinance No. XXXX

1. The Director has determined that all required application information has been submitted in proper form; and

2. The applicant has paid all required fees.

SECTION FIVE: That DMMC Section 24.070.030 is amended to read as follows:

24.70.030 Issuing Authority/Planning Director's Action.

A. Unless otherwise specified in this Chapter, the Director of Planning and Community Development shall serve as the issuing authority on the application and shall act within 30 days of complete application determination from the Planning and Community Development Department.

B. Unless otherwise specified in this Chapter, the Director of Planning and Community Development is authorized to approve, disapprove or direct the revision of the proposed Lot Line Adjustment or Lot Consolidation plat.

C. Where the Director of Planning and Community Development serves as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the decision of the Director of Planning and Community Development shall become final 10 working days after the decision, unless a timely appeal is filed, pursuant to DMMC Chapter 1.12.

SECTION SIX: That DMMC Section 24.70.040 is amended to read as follows:

24.70.040 Disapproval of Application.

The application for a lot line adjustment, or lot consolidation, shall be approved unless the issuing authority makes one or more of the following findings:

A. The proposed adjustment or consolidation will create a greater number of lots than originally existed.

B. The proposed adjustment or consolidation will create a condition that does not comply with building or zoning regulations.

C. The proposed adjustment or consolidation will create a lot that does not conform to the lot size and configuration design requirements applicable for the lot, unless such requirements are otherwise suspended in accordance with the provisions of this Chapter.

D. The proposed adjustment or consolidation will result in denying adequate access or adequate utility service to one or more of the adjusted lots or to adjacent property.
8 August 25, 2026 Item 16
Ordinance No. XXXX

E. The proposed adjustment or consolidation fails to provide adequate easements to serve the adjusted lots or adjacent property.

F. The proposed adjustment or consolidation will extend beyond the City limit boundary.

G. The proposed adjustment or consolidation will require substantial alteration of any existing improvement or creates a need for any new improvement.

H. The proposed adjustment or consolidation will adjust the boundary line between lots that are subject to an agreement for public improvements, unless the City Engineer finds that the proposed adjustment will not materially affect such agreement for the security therefore.

I. The proposed adjustment or consolidation will result in a net loss of housing units.

SECTION SEVEN: That DMMC Section 24.70.050 is amended to read as follows:

24.70.050 Directed Revision.

The Director of Planning and Community Development is authorized to withhold approval of the application and direct that the following revisions be made:

A. Relocation of lot lines to provide parcels that comply with the applicable building and zoning regulations and that conform to the lot size and configuration design requirements specified in this Title, unless an application for suspension of design requirements is submitted by the applicant and approved by the City Council in accordance with the provisions of this Chapter.

B. Provision of safe and adequate access and adequate utility service easements to each parcel and adjacent property.

C. Addition of further information on the proposed Lot Line Adjustment or Lot Consolidation plat as determined appropriate by the City Engineer.

SECTION EIGHT: That DMMC Section 24.70.060 is amended to read as follows:

24.70.060 Failure to File Directed Revisions.

If the applicant fails to file revisions to a submitted Lot Line Adjustment or Lot Consolidation plat as directed by the Director of Planning and Community Development within six months from the date of the Director's action requiring such revisions, the application shall be deemed denied and all proceedings shall terminate.

SECTION NINE: That DMMC Section 24.70.070 is amended to read as follows:
9 August 25, 2026 Item 16
Ordinance No. XXXX

24.70.070 Appeal of Director of Planning and Community Development’s Decision.

A. Within 10 working days after a decision made by the Director of Planning and Community Development approving, denying, or directing revision of the Lot Line Adjustment or Lot Consolidation application, any interested person may appeal the decision to the City Council by filing with the City Clerk, pursuant to DMMC Chapter

1.12. B. Upon the receipt of a sufficient Notice of Appeal, together with the established fee, the City Clerk shall set the matter for consideration by the City Council.

SECTION TEN: That DMMC Section 24.70.090 is amended to read as follows:

24.70.090 Suspension of Design Requirements
A. An applicant for a Lot Line Adjustment or Lot Consolidation may request that the requirement for compliance with the lot size and configuration design requirements applicable to the adjusted parcels be suspended. When a request for suspension of design requirements is made, the City Council shall assume responsibility as the issuing authority for the Lot line Adjustment or Lot Consolidation application.

B. The City Council may suspend the requirement for compliance with the applicable lot design requirements upon making both of the following findings:

1. That the suspension of the design requirements will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity; and

2. That there is an overriding public benefit to be derived from the suspension of the otherwise-required design requirements.

C. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the application shall be scheduled for a hearing before the City Council with public notice provided in accordance with the requirements for public notice as set forth in this Title for applications for Tentative Parcel Maps.

D. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the City Council shall approve or disapprove the proposed plat based upon the standards contained within this Chapter. The City Council's action on the matter shall be final.

SECTION ELEVEN: That DMMC Section 24.70.100 is amended to read as follows:

24.70.100 Monumentation and Legal Descriptions
10 August 25, 2026 Item 16
Ordinance No. XXXX

Upon approval of an application for a Lot Line Adjustment or Lot Consolidation, the applicant shall:

A. Prepare and install, to the City Engineer's satisfaction, permanent property corner monumentation that reflects the approved plat; and
B. Receive approval for and record a Certificate of Compliance reflecting the legal description of the lot lines authorized by the plat; and C. Record an updated grant deed reflecting the legal description of the new lot lines.

SECTION TWELVE: That DMMC Section 24.70.110 is added as follows:

24.70.110 Lot Line Adjustment or Lot Consolidation Parcel Map Procedure This section describes the procedure for submittal and processing of a Lot Line Adjustment or Lot Consolidation Parcel Map, which is provided as an additional, voluntary process for Lot Line Adjustment or Lot Consolidation applications.

A. All Lot Line Adjustment or Lot Consolidation Parcel Map applications shall be submitted to the Planning and Community Development Department on application forms supplied by the Department. The Planning Department will distribute the application to the City Engineer, any affected public agencies and districts, and other City Departments as needed for review and comment.

B. The following materials shall be submitted along with the completed and signed application packet:

1. One copy of the present owner of record’s vesting deeds, and a title report current within six months from the day of application for each parcel.

2. One copy of an Administrative Tentative Parcel Map accurately drawn to scale on one sheet of paper at least 24 by 36 inches in size that shows the following information for each parcel to be adjusted:
a. All exterior and interior lines shall be shown on the map and dimensioned based on information of record.
b. Proposed new lot lines and lot lines to be eliminated shall be identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn to be clearly distinguishable from and subordinate to remaining and new lines. Dimensions shall be included for the proposed new lot lines.
11 August 25, 2026 Item 16
Ordinance No. XXXX

c. Areas (in square footage or acreage) of all initial and resulting parcel(s) shall be identified.
d. All existing structures, and other constructed improvements, located within 25 feet of the boundaries of both properties involved, shall be accurately located and shown with dimensions from the proposed property lines.
e. The names and widths of abutting rights-of-way and their locations. f. The locations, purpose, and width of all proposed and existing easements, streets, and appurtenant utilities located within the properties.
g. The location of all watercourses, wet areas, drainage channels, and existing drainage structures located within 100 feet of the properties involved.
h. Slopes over 20 percent and the direction of surface water runoff. i. Location of wells and septic tanks, and primary and reserve septic leach areas within 100 feet of the properties involved. j. North arrow and scale.
k. Zoning information, including any applicable overlay zones for all parcels. If the parcels are located within an overlay zone, all required setbacks, or other required development standards for that overlay zone, shall be depicted.
l. Assessed owner’s names, addresses, phone numbers, and parcel numbers.

3. Application and review fees as required by the City’s adopted fee schedule.

Pursuant to the City’s resolution establishing fees and charges, applicants are responsible for all costs in processing the application.

4. Coastal Development Permit Application, pursuant to DMMC Chapter

30.75. C. Approval of an application for a Lot Line Adjustment or Lot Consolidation Parcel Map must be consistent with the findings for a parcel map listed in California Government Code Section 66474 and the findings for disapproval in Section

24.70.040.
12 August 25, 2026 Item 16
Ordinance No. XXXX

D. Upon approval of an application for a Lot Line Adjustment or Lot Consolidation Parcel Map, the applicant shall:

1. Complete all conditions of approval; and

2. Submit a final parcel map for required signatures, monumenting the corners of the new property line(s); and

3. Record an updated grant deed reflecting the legal description of the new lot lines.

SECTION THIRTEEN: That DMMC Section 24.64.060 be added as follows:

24.64.060 Lot Line Adjustment or Lot Consolidation Parcel Map Applications for lot line adjustment or lot consolidation parcel map shall be subject to the requirements and procedures set forth in Chapter 24.70.110 and shall not be subject to the provisions in this Chapter.

SECTION FOURTEEN: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the activity is covered by the commonsense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

The proposed code amendments have been analyzed, and it has been determined that they would not result in significant effects on the environment or an increase in the severity of effects on the environment. No further environmental documentation is necessary. Future lot line adjustment and lot consolidation applications are discretionary actions that will be subject to project-level CEQA review.

SECTION FIFTEEN: This Ordinance was introduced by the City Council on August 25, 2026.

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

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

SECTION EIGHTEEN: Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”). 13 August 25, 2026 Item 16
Ordinance No. XXXX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 8
th day of September 2026.
____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Christina M. Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th day of September, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
14 August 25, 2026 Item 16

ATTACHMENT B
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A REDUCED BOUNDARY

ADJUSTMENT FEE IN ACCORDANCE WITH THE NEW
REGULATIONS ESTABLISHED IN SECTION 24.70.110 OF THE

DEL MAR MUNICIPAL CODE RELATED TO THE PROCESSING

OF LOT LINE ADJUSTMENT AND LOT CONSOLIDATION

PARCEL MAPS
WHEREAS, newly added Section 24.70.110 of the Del Mar Municipal Code establishes a new, voluntary alternative procedure for processing Parcel Map applications for lot line adjustments and lot consolidations (boundary adjustments); and WHEREAS, a reduced fee is proposed to support cost recovery of the administrative costs related to review and processing of these new Lot Line Adjustment/Lot Consolidation (Boundary Adjustment) Parcel Map application requests for lot line adjustments and lot consolidations; and
WHEREAS, the City desires to recover 100% of the costs it incurs to provide these application processing services to reduce the amount that General Funds are diverted from general services; and
WHEREAS, the proposed fee does not exceed the City’s reasonable administrative costs of providing such services; and
WHEREAS, the City Council reserves the right to modify the application fee in the future, including, but not limited to, offering subsidies to achieve City Council goals; and WHEREAS, the City has provided notice of, and conducted, a public hearing regarding the adoption of the fee to recover the actual costs associated with the services provided.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, as follows:

SECTION 1: That the above recitals are true and correct and incorporated herein by reference; and
SECTION 2: The City Council hereby authorizes the acceptance of a reduced fee for services rendered by the City related to the processing of Lot Line Adjustment/Lot Consolidation Parcel Maps; and
SECTION 3: The City Council hereby authorizes the imposition of a $2,466 application fee for Lot Line Adjustment or Lot Consolidation Parcel Maps; and SECTION 4: The City Council finds that the above noted permit fees do not exceed the costs incurred by the City when persons apply for a Lot Line Adjustment or Lot Consolidation Parcel Map.
15 August 25, 2026 Item 16
Resolution No. 2026-XX

SECTION 5: Staff is directed to update Lot Line Adjustment as reflected in this Resolution on the Fiscal Year 2026-2027 Fee Schedule approved by Resolution 2026-45 on June 16, 2026.

SECTION 6: In accordance with Resolution 2020-39, the City Council has reserved the right to update the Fee Schedule, including this fee, annually at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index (U.S. City Average), not to exceed 3% in a given year.

BE IT FURTHER RESOLVED, that the fee adopted as part of this Resolution will become effective upon the effective date of the Ordinance that establishes newly added Del Mar Municipal Code Section 24.70.110 (the “Effective Date”). Upon the Effective Date, the fee identified and approved by this Resolution shall be levied, collected and disposed of in accordance with Chapter 1.16 of the Del Mar Municipal Code in effect as of the Effective Date, as applicable.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 25th day of August 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Christina M. Cameron, City Attorney
City of Del Mar
16 August 25, 2026 Item 16
Resolution No. 2026-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 25th day of August, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
17 August 25, 2026 Item 16

ATTACHMENT C
1 This Strikeout-Underline copy of the Lot Line Adjustment Chapter (24.70) and corresponding edits to the Parcel Map Chapter (24.64) identifies more specific details about the amendments being made to the Del Mar Municipal Code (DMMC). Text shown in underline is new text that is being added to the DMMC. Text shown in strikeout is text that is being deleted from the DMMC.

SECTION ONE: That the title of DMMC Chapter 24.70 is amended to read as follows:

Chapter 24.70 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS SECTION TWO: That DMMC Section 24.70.005 is added to read as follows:

24.70.005 Purpose and Intent
It is the purpose of this Chapter to establish the two procedures related to requests for lot line adjustments or lot consolidations. Applicants may choose their preferred procedure for processing a lot line adjustment or lot consolidation. For consistency, Section

24.70.010 and Sections 24.70.030 through 24.70.090 of this Chapter shall apply to both procedures.

SECTION THREE: That DMMC Section 24.70.010 is amended to read as follows:

24.70.010 Requirements
Notwithstanding any other provisions of this Title to the contrary, every person desiring to adjust a lot line(s) between two or more adjacent four or fewer existing adjoining legal lots parcels, where the land taken from one lot parcel is added to an adjacent lot parcel, without creating a greater number of lots parcels, or consolidate up to four adjacent parcels under common ownership, shall comply with the procedures set forth in this Chapter for obtaining authorization for a Lot Line Adjustment or Lot Consolidation. (Government Code § 66412(d))
SECTION FOUR: That DMMC Section 24.70.020 is amended to read as follows:

24.70.020 Filing of a Plat an Application
A. The applicant shall file with the Planning Department a proposed plat, depicting the Lot Line Adjustment or Lot Consolidation. The form and content of the proposed plat shall comply with the requirements contained in this Title for parcel maps creating minor subdivisions.
[No change to subsection B.]
18 August 25, 2026 Item 16

ATTACHMENT C
2 C. In addition to the required Lot Line Adjustment or Lot Consolidation plat, the applicant shall provide a title report for the lots parcels to be adjusted, along with any other information deemed necessary by the Director of Planning and Community Development for the processing of the application. The applicant shall also pay the established fee before the application is accepted for filing.

D. The application shall be deemed complete when:

1. The Director has determined that all required application information has been submitted in proper form; and

2. The applicant has paid all required fees.

SECTION FIVE: That DMMC Section 24.070.030 is amended to read as follows:

24.70.030 Issuing Authority/Planning Director's Action.

A. Unless otherwise specified in this Chapter, the Director of Planning and Community Development shall serve as the issuing authority on the application and shall act within 45 30 days of filing of a complete application determination from the Planning and Community Development Department.

B. Unless otherwise specified in this Chapter, the Director of Planning and Community Development is authorized to approve, disapprove or direct the revision of the proposed Lot Line Adjustment or Lot Consolidation plat.

C. Where the Director of Planning and Community Development serves as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the decision of the Director of Planning and Community Development shall become final 15 days 10 working days after the decision, unless a timely appeal is filed, pursuant to DMMC Chapter 1.12.

SECTION SIX: That DMMC Section 24.70.040 is amended to read as follows:

24.70.040 Disapproval of Application.

The application for a lot line adjustment, or lot consolidation, shall be disapproved approved if unless the issuing authority makes one or more of the following findings:

A. The proposed adjustment or consolidation will create a greater number of lots than originally existed.

B. The proposed adjustment or consolidation will create a condition that does not comply with building or zoning regulations.
19 August 25, 2026 Item 16

ATTACHMENT C
3 C. The proposed adjustment or consolidation will create a lot that does not conform to the lot size and configuration design requirements applicable for the lot, unless such requirements are otherwise suspended in accordance with the provisions of this Chapter.

D. The proposed adjustment or consolidation will result in denying adequate access or adequate utility service to one or more of the adjusted lots or to adjacent property.

E. The proposed adjustment or consolidation fails to provide adequate easements to serve the adjusted lots or adjacent property.

F. The proposed adjustment or consolidation will extend beyond the City limit boundary.

G. The proposed adjustment or consolidation will require substantial alteration of any existing improvement or creates a need for any new improvement.

H. The proposed adjustment or consolidation will adjust the boundary line between lots that are subject to an agreement for public improvements, unless the City Engineer finds that the proposed adjustment will not materially affect such agreement for the security therefore.

I. The proposed adjustment or consolidation will result in a net loss of housing units.

SECTION SEVEN: That DMMC Section 24.70.050 is amended to read as follows:

24.70.050 Directed Revision.

The Director of Planning and Community Development is authorized to withhold approval of the application and direct that the following revisions be made:

A. Relocation of lot lines to provide lots parcels that comply with the applicable building and zoning regulations and that conform to the lot size and configuration design requirements specified in this Title, unless an application for suspension of design requirements is submitted by the applicant and approved by the City Council in accordance with the provisions of this Chapter.

B. Provision of safe and adequate access and adequate utility service easements to each lot parcel and adjacent property.

C. Addition of further information on the proposed Lot Line Adjustment or Lot Consolidation plat as determined appropriate by the City Engineer. 20 August 25, 2026 Item 16

ATTACHMENT C
4 SECTION EIGHT: That DMMC Section 24.70.060 is amended to read as follows:

24.70.060 Failure to File Directed Revisions.

If the applicant fails to file revisions to a submitted Lot Line Adjustment or Lot Consolidation plat as directed by the Director of Planning and Community Development within six months from the date of the Director's action requiring such revisions, the application shall be deemed denied and all proceedings shall terminate.

SECTION NINE: That DMMC Section 24.70.070 is amended to read as follows:

24.70.070 Appeal of Director of Planning and Community Development’s Decision.

A. Within 15 10 working days after a decision made by the Director of Planning and Community Development approving, denying, or directing revision of the Lot Line Adjustment or Lot Consolidation application, any person affected thereby interested person may appeal the decision to the City Council by filing with the City Clerk, a Notice of Appeal which specifies the decision or part thereof appealed from and the specific errors alleged as the basis for the appeal pursuant to DMMC Chapter 1.12.
[No change to subsection B.]
SECTION TEN: That DMMC Section 24.70.090 is amended to read as follows:

24.70.090 Suspension of Design Requirements
A. An applicant for a Lot Line Adjustment or Lot Consolidation may request that the requirement for compliance with the lot size and configuration design requirements applicable to the adjusted lots parcels be suspended. When a request for suspension of design requirements is made, the City Council shall assume responsibility as the issuing authority for the Lot line Adjustment or Lot Consolidation application.
[No change to subsection B.]
C. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the application shall be scheduled for a hearing before the City Council with public notice provided in accordance with the requirements for public notice as set forth in this Title for applications for Tentative Parcel Maps.

D. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment or Lot Consolidation, the City Council shall 21 August 25, 2026 Item 16

ATTACHMENT C
5 approve or disapprove the proposed Lot Line Adjustment plat based upon the standards contained within this Chapter. The City Council's action on the matter shall be final.

SECTION ELEVEN: That DMMC Section 24.70.100 is amended to read as follows:

24.70.100 Monumentation and Legal Descriptions
Upon approval of an application for a Lot Line Adjustment or Lot Consolidation, the applicant shall:

A. Prepare and install, to the City Engineer's satisfaction, permanent property corner monumentation that reflects the approved Lot Line Adjustment Plat plat; and B. Receive approval for and record a Certificate of Compliance reflecting the legal description of the lot lines authorized by the Lot Line Adjustment Plat plat; and C. Record an updated grant deed reflecting the legal description of the new lot lines.

SECTION TWELVE: That DMMC Section 24.70.110 is added as follows:

24.70.110 Lot Line Adjustment or Lot Consolidation Parcel Map Procedure This section describes the procedure for submittal and processing of a Lot Line Adjustment or Lot Consolidation Parcel Map, which is provided as an additional, voluntary process for Lot Line Adjustment or Lot Consolidation applications.

A. All Lot Line Adjustment or Lot Consolidation Parcel Map applications shall be submitted to the Planning and Community Development Department on application forms supplied by the Department. The Planning Department will distribute the application to the City Engineer, any affected public agencies and districts, and other City Departments as needed for review and comment.

B. The following materials shall be submitted along with the completed and signed application packet:

1. One copy of the present owner of record’s vesting deeds, and a title report current within six months from the day of application for each parcel.

2. One copy of an Administrative Tentative Parcel Map accurately drawn to scale on one sheet of paper at least 24 by 36 inches in size that shows the following information for each parcel to be adjusted:
22 August 25, 2026 Item 16

ATTACHMENT C
6 a. All exterior and interior lines shall be shown on the map and dimensioned based on information of record.
b. Proposed new lot lines and lot lines to be eliminated shall be identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn to be clearly distinguishable from and subordinate to remaining and new lines. Dimensions shall be included for the proposed new lot lines.
c. Areas (in square footage or acreage) of all initial and resulting parcel(s) shall be identified.
d. All existing structures, and other constructed improvements, located within 25 feet of the boundaries of both properties involved, shall be accurately located and shown with dimensions from the proposed property lines.
e. The names and widths of abutting rights-of-way and their locations. f. The locations, purpose, and width of all proposed and existing easements, streets, and appurtenant utilities located within the properties.
g. The location of all watercourses, wet areas, drainage channels, and existing drainage structures located within 100 feet of the properties involved.
h. Slopes over 20 percent and the direction of surface water runoff. i. Location of wells and septic tanks, and primary and reserve septic leach areas within 100 feet of the properties involved. j. North arrow and scale.
k. Zoning information, including any applicable overlay zones for all parcels. If the parcels are located within an overlay zone, all required setbacks, or other required development standards for that overlay zone, shall be depicted.
l. Assessed owner’s names, addresses, phone numbers, and parcel numbers.

3. Application and review fees as required by the City’s adopted fee schedule.

Pursuant to the City’s resolution establishing fees and charges, applicants are responsible for all costs in processing the application. 23 August 25, 2026 Item 16

ATTACHMENT C
7 4. Coastal Development Permit Application, pursuant to DMMC Chapter

30.75. C. Approval of an application for a Lot Line Adjustment or Lot Consolidation Parcel Map must be consistent with the findings for a parcel map listed in California Government Code Section 66474 and the findings for disapproval in Section

24.70.040.

D. Upon approval of an application for a Lot Line Adjustment or Lot Consolidation Parcel Map, the applicant shall:

1. Complete all conditions of approval; and

2. Submit a final parcel map for required signatures, monumenting the corners of the new property line(s); and

3. Record an updated grant deed reflecting the legal description of the new lot lines.

SECTION THIRTEEN: That DMMC Section 24.64.060 be added as follows:

24.64.060 Lot Line Adjustment or Lot Consolidation Parcel Map Applications for lot line adjustment or lot consolidation parcel map shall be subject to the requirements and procedures set forth in Chapter 24.70.110 and shall not be subject to the provisions in this Chapter.
24 August 25, 2026 Item 16
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nicole Morrow, AICP, Associate Planner
Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: August 25, 2026
SUBJECT: Introduction of Ordinances for Implementation of Housing Element Programs 7F, 4A, and 4B Related to Reasonable Accommodations and Special Needs Housing Regulations, including Residential Care, Supportive Housing, Transitional Housing, Low Barrier Navigation Centers, Emergency Shelters, and Adult and Child Day Care Services Consistent with State Law REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:
1) Confirm the environmental determination that the proposed code amendments will not result in any new significant effects on the environment or increase in the severity of effects on the environment as analyzed in the City’s certified 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and consistent with the statutes of Section 15162 of the California Public Resources Code; and
2) Introduce the Ordinance for Zoning Code Amendment ZA26-003 related to Reasonable Accommodations (Attachment A) to repeal DMMC Section 30.86.230 (Reasonable Accommodation), create a new DMMC Chapter 30.94 (Reasonable Accommodations), and amend DMMC Section 23.08.035 (Design Review); and 3) Introduce the Ordinance for Zoning Code Amendment ZA26-001 and Local Coastal Program Amendment LCPA26-001 (Attachment C) related to Special Needs Housing, including Residential Care, Supportive Housing, Transitional Housing, Low Barrier Navigation Centers, Emergency Shelters, and Adult and Child Day Care Services to amend DMMC Chapter 30.04 (Definitions), Chapter

30.10 (Very Low Density Residential R1-40), Chapter 30.11 (Modified Low Density Residential R1-14), Chapter 30.12 (Low Density Residential R1-10), Chapter

30.13 (Low Density Residential Beach R1-10B), Chapter 30.14 (Medium Density Single-Family Residential R1-5), Chapter 30.15 (Medium Density Single-Family 1 August 25, 2026 Item 17
City Council Agenda Report
Special Needs Housing Code Amendments
August 25, 2026

Residential Beach R1-5B), Chapter 30.16 (Medium Density Single-Mixed Residential RM-East), Chapter 30.17 (Medium Density Mixed Residential RMWest), Chapter 30.18 (Medium Density Mixed Residential RM-Central), Chapter

30.19 (Medium Density Mixed Residential RM-South), Chapter 30.20 (High Density Mixed Residential R2), Chapter 30.21 (Residential Commercial Zone RC), Chapter 30.22 (Central Commercial Zone), Chapter 30.24 (North Commercial Zone), and Chapter 30.25 (Professional Commercial Zone); and DMMC Section

30.75.080 (Coastal Development Permits Issuance); and create a new DMMC Section 30.86.205 (Supportive Housing and Transitional Housing); and Chapter

30.95 (Housing for Special Needs Populations) as necessary to harmonize the DMMC and certified LCP with Fair Housing State laws.

BACKGROUND
In 2018, California adopted Assembly Bill 686 (AB 686), which expanded state and federal fair housing laws by requiring cities and other public agencies to Affirmatively Further Fair Housing (AFFH). It requires state and local agencies to address historical patterns of discrimination in housing through policies and programs that promote accessible housing opportunities, which is a key focus of the City’s certified 6th Cycle Housing Element. Since 2021, the City has implemented annual fair housing trainings, identified fair housing-related resources for the public, and established local policies and regulations to implement the City Council’s adopted goal to “provide an economically and socially diverse balance of housing options that are affordable for a variety of income levels and housing needs.” The proposed code amendments implement Housing Element Programs 7F and 4A/4B by clarifying State regulations that apply to various use types that provide housing and services for special needs populations. On July 14, 2026, the Planning Commission reviewed and considered the proposed amendments in a noticed public hearing. The Commission then moved the item to the consent calendar and voted unanimously to recommend the City Council adopt the proposed amendments.

Following is a description of the existing regulatory context:

Program 7F – Reasonable Accommodations
State law requires cities to provide a Reasonable Accommodations process that allows exceptions to development standards when needed to provide equal access for people with disabilities. An example includes installing an accessible ramp to extend into a required setback to create access. This process helps support residents who choose to “age in place” in their homes. In 2016, the City Council adopted Ordinance 917 to establish procedures for reviewing reasonable accommodation requests. Residential and commercial property owners may request accommodations for themselves or their tenants. Previously, requests were reviewed through the Administrative Design Review process and approved when the required findings were met. The amendments provide a more streamlined process in line with State law.

Program 4A – Special Needs Facilities and Housing
2 August 25, 2026 Item 17
City Council Agenda Report
Special Needs Housing Code Amendments
August 25, 2026

Special needs facilities, such as adult and child day care centers and residential care facilities, provide essential services for children, seniors, and people with physical or mental disabilities.

These licensed facilities offer care, therapeutic services, and housing for individuals who may be unable to live independently and may be at greater risk of homelessness. In 2003, the City Council adopted Ordinance 758 to establish regulations for community care facilities. These regulations support access to housing and care services that can help address the needs of an aging population and promote a range of affordable housing options. The amendments clarify the regulatory provisions applicable to these State-regulated facilities and the extent available for local control under the City’s certified Local Coastal Program.

Program 4B – Emergency Shelters, Transitional Housing, and Supportive Housing Emergency shelters, supportive housing, transitional housing, and low-barrier navigation centers provide housing and services for people experiencing or at risk of homelessness.

State law requires every city designate at least one zone where emergency shelters are allowed. In 2013, the City Council adopted Ordinance 888, identifying the North Commercial (NC) Zone as the zone where emergency shelters may be permitted in accordance with objective development standards that protect nearby uses. An important consideration is that the local approach to regulation of emergency shelters is a factor that can impact the certification status of a local jurisdiction’s Housing Element in compliance with State law.

DISCUSSION/ANALYSIS:

The proposed amendments address outdated definitions, clarify the zones and permit process for special needs housing uses, and demonstrate compliance with State law and the certified Housing Element. Following is a summary of the proposed amendments:

Reasonable Accommodations
The existing reasonable accommodations regulations are being repealed and replaced from code sections in Chapter 30.86 Supplemental Regulations and Chapter 23.08 (Design Review) and a new standalone Chapter 30.94 will be created to establish new regulations that implement the Housing Element Program 7F objective to address fair housing and further accommodate persons with disabilities. The amendments clarify the reasonable accommodations application submittal process, standard of review, and appeals procedure.

Property owners seeking reasonable accommodations for themselves or their tenants must submit a written request that includes basic property details and contact information, and an explanation of the requested accommodation and need for the requested accommodation.

The prior procedure that required processing of an Administrative Design Review (ADR) permit, appealable to the Design Review Board, has been replaced at the direction of the City Attorney. Instead, submitted requests are reviewed and processed by the Director of Planning and Community Development and are appealable to the City Council. The standard of review is whether the requested accommodation meets the required findings, either with or without conditions. As proposed, the required findings for approval include:
3 August 25, 2026 Item 17
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A. Whether the housing, which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected under fair housing laws;
B. Whether the requested accommodation is necessary to make specific housing available to an individual with disabilities protected under the fair housing laws; C. Whether the requested accommodation would impose an undue financial or a significant administrative burden on the City;
D. Whether the requested accommodation will require a major shift away from standard practices and implementation of the City’s land use, zoning, or building programs; and E. Whether other alternative reasonable accommodations methods provide an equivalent level of benefit to the disabled person.

The findings ensure that the processing of a reasonable accommodations request complies with State law requirements for administrative level review and the accommodations meet objective standards. The intent of the City’s process balances the need to accommodate people with disabilities while ensuring that the proposed accommodation will not cause adverse effects to the property or surrounding neighborhood areas.

Special Needs Housing
Consistent with Housing Element Programs 4A and 4B, the proposed amendments address residential care facilities, permanent supportive housing, and transitional housing as allowed uses in zones that permit residential development. State law requires these facilities be allowed in residential zones, reviewed against objective standards, and be allowed in accordance with the same permit process as residential uses in the zone where it is proposed to locate. As a coastal city, Del Mar must also comply with the California Coastal Act and its certified LCP. In order to harmonize these State laws, staff reviewed the existing allowed uses in each zone to determine zoning applicability and the appropriate permit process.

The proposed amendments include the following changes to the definitions in Chapter 30.04:
• Addition of definitions for Adult and Child Day Care, Small; and Adult and Child Day Care, Large to replace prior uses Day Care Facility, Large Family; and Day Care Facility, Small Family
• Deletion of Rest Home
• Addition of Residential Care Facility, Small; and Residential Care Facility, Large • Modification of Supportive Housing and Transitional Housing Facility • Deletion of Community Care Facility, Small; and Community Care Facility, Large • Addition of definitions for Emergency Shelter and Low Barrier Navigation Center This created four general special needs use types that cover the spectrum of special needs housing and service facilities required to demonstrate compliance with State law:
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• Adult and Child Day Care provide non-residential care and supervision of children and adults, including those who may require additional medical assistance consistent with law.
• Residential Care Facility provide residential placement for at-need children, people with disabilities, or adults who require skilled nursing or limited medical assistance. • Supportive Housing clarifies these are permanent housing facilities for people requiring supportive services to maintain housing consistent with State law. • Transitional Housing clarifies these are short-term residence facilities with available social services intended to connect occupants to long-term housing consistent with State law.

State law distinguishes between Small and Large for these use types based on the number of occupants (six or fewer for “small”, seven or more for “large”) permitted within the facility as larger facilities may not be compatible with the density and objective standards of the underlying residential zone.

State law requires Supportive Housing and Transitional Housing as permitted uses in any zone in which residential uses are allowed and can only be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located. While the definitions were updated, there will be no change in the manner supportive housing and transitional housing are regulated.

The City’s existing code allows “Community Care Facilities, Small” in residential zones. As defined within State law, the Community Care Facilities use type is inclusive of the proposed use categories for small Adult and Child Day Care Facilities, Residential Care Facilities, Supportive Housing, and Transitional Housing. The City’s regulations as amended will replace the term “Community Care Facility” with the individual community care uses listed above and will continue to allow these uses in residential zones subject to compliance with State licensing and objective standards.

The following table illustrates the proposed levels of permitting for special needs facilities:

ZONES WHERE SPECIAL NEEDS HOUSING USES ARE PERMITTED

USE TYPE ZONES
R1-40, R1-14, R1-10,
R1-10B, R1-5, R1-5B

RM-EAST,

RM-WEST,

RM-CENTRAL,

RM-SOUTH
R2, RC

NC, PC, CC
Residential Care
Facility, Small
Permitted in
accordance with
objective standards1
Permitted in
accordance with
objective standards1
Permitted in
accordance with
objective
standards1
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Residential Care
Facility, Large Not permitted Conditional use2 Conditional use2 Supportive Housing
(Permanent)
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Transitional Housing
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Permitted subject to
the same regulatory
standards and review
processes same
residential zone in
which proposed3
Adult and Child Day
Care Services, Small
Permitted accessory
use in accordance
with objective
standards1
Permitted accessory
use in accordance
with objective
standards1
Permitted accessory
use in accordance
with objective
standards1
Adult and Child Day
Care Services, Large Not permitted Conditional use2 Conditional use2 Low Barrier
Navigation Center Not permitted Not permitted
Permitted in
accordance with the
objective standards in
Section 30.95.0501
Emergency Shelters Not permitted Not permitted
Permitted in NC Zone
in accordance with the
objective standards in
Section 30.24.0351
Footnotes:

1. Requires processing of an Administrative Coastal Development Permit in accordance with Chapter

30.75 if the proposed development does not qualify for a permit exemption in accordance with Section 30.75.200.

2. Uses permitted as a conditional use require review and processing of a Conditional Use Permit in accordance with Chapter 30.74 and a Coastal Development Permit in accordance with Chapter

30.75 for consideration of the context, size, location, and potential demands on public facilities for the proposed increase in use intensity to ensure consistency with the Local Coastal Program.

3. Supportive Housing (Permanent) and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located.

The applicable standards and regulations for special needs housing will be codified in Chapter

30.95 (Housing for Special Needs Populations). This new chapter consolidates the applicable definitions, identifies the applicable permit process for each use type, and establishes objective standards that submitted development applications will be reviewed against.

Emergency Shelters and Low Barrier Navigation Centers
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Housing Element Program 4B identifies the City’s responsibility to implement State law provisions for emergency shelters and other temporary housing types for people experiencing homelessness. Recent changes in State law created a need for the City to amend existing ordinance definitions to reflect updated terminology and add a new use type for Low Barrier Navigation Centers. The following definitions will be added to DMMC Chapter 30.04:
• Emergency Shelters: “Emergency Shelter shall have the same meaning as defined in California State law as housing with supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” • Low Barrier Navigation Center: “Low Barrier Navigation Center shall have the same meaning as defined in California State law as a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Recent State law mandates local jurisdictions process applications for an emergency shelter or low barrier navigation center through a by-right process. In addition to amending existing definitions, minor changes were incorporated in consultation with the City Attorney to maintain local control within the parameters of State law. Amendments include the addition of a preemption statement to DMMC Section 30.24.035(B) addressing State and Federal laws; clarification of the permit type required to process an emergency shelter or low barrier navigation center application; removal of provision that would allow the approved permit to run with the land (instead of being limited to the present licensed operator); and minor, nonsubstantive corrections. As established by the 2013 Ordinance, the NC Zone will remain the only zone in Del Mar where an emergency shelter may be permitted.

Low barrier navigation centers, while similar to emergency shelters, are operationally distinct and have different permitting requirements under State law. The State requires cities to permit low barrier navigation centers as an allowed use in any zone that permits mixed use or multifamily development as an allowed use. Therefore, low barrier navigation centers must be permitted in the NC zone, Professional Commercial (PC) zone, and Central Commercial (CC) zone as an allowed use subject to compliance with the objective standards found in DMMC Section 30.95.050.

The proposed objective standards that will apply to low barrier navigation centers include:

A. The intent of a low barrier navigation center is to connect occupants to permanent housing through a services plan which identifies services staffing.

B. A low barrier navigation center must be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of the homeless.
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C. The operator of a low barrier navigation center must submit an operations plan at the time of application consisting of as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; and training, counseling, and treatment programs for residents.

D. A low barrier navigation center shall have a coordinated entry system as defined by Title 24 of the Code of Federal Regulations, including any related requirements intended to coordinate program occupant intake, assessment, and referrals.

E. A low barrier navigation center shall have a system for entering information regarding occupant stays, occupant demographics, occupant income, and exit destination through the local Homeless Management Information System as defined by Title 24 of the Code of Federal Regulations.

The purpose of these objective standards is to ensure that development and operation of a low barrier navigation center will not have an adverse effect on the surrounding area and that occupants are processed and treated in accordance with applicable Federal and State laws.

The full set of draft amendments for all sections is available for public review on the City’s website at: https://www.delmar.ca.us/958/Special-Needs-Housing-Emergency-Shelters FISCAL IMPACT:

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

Grant funding was awarded to the City through State funds issued through SANDAG’s Housing Acceleration Program (HAP) Grant to cover all costs incurred related to work completed by the August 31, 2026 grant deadline.

ENVIRONMENTAL IMPACT:

The proposed amendments are consistent with the analysis prepared for the City’s 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR). The PEIR and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available online at: http://www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 The proposed amendments will not result in any new significant effects on the environment or increase in the severity of effects on the environment as analyzed in the Final PEIR. This determination is consistent with the statutes of Section 15162 of the California Public Resources Code.

HOUSING IMPACT:

The proposed amendments address a range of housing types to serve special-needs populations and will not result in any loss of housing production. The amendments are consistent with the City’s State-certified 6th Cycle Housing Element and State-certified Local Coastal Program and will bring the DMMC into alignment with recent amendments to State housing law.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
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The preparation of amendments to complete Housing Element Programs 7F, 4A, and 4B are a Tier 1 priority for Fiscal Year 2026-27.

ATTACHMENTS:

Attachment A – Proposed Ordinance – Reasonable Accommodations Attachment B – Reasonable Accommodations Amendments – Strikeout/Underline Attachment C – Proposed Ordinance – Special Needs Housing Attachment D – Special Needs Housing Amendments – Strikeout/Underline 9 August 25, 2026 Item 17
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL

CODE BY REPEALING EXISTING REASONABLE

ACCOMMODATIONS REGULATIONS FROM SECTION

30.86.230 IN CHAPTER 30.86 (SUPPLEMENTAL
REGULATIONS) AND SECTION 23.08.035 IN CHAPTER 23.08
(DESIGN REVIEW); AND CREATING A NEW CHAPTER 30.94
(REASONABLE ACCOMMODATIONS) TO ESTABLISH NEW

REASONABLE ACCOMMODATIONS REGULATIONS IN THE

CITY OF DEL MAR THAT ADDRESS FAIR HOUSING AND

FURTHER ACCOMMODATE PERSONS WITH DISABILITIES
WHEREAS, the City of Del Mar is a Charter City and when specified, certain State housing laws apply to general law and charter cities in the State of California; and WHEREAS, the City’s 6th Cycle Housing Element was adopted by the City Council on April 3, 2023, and certified by the California Housing and Community Development Department on May 31, 2023; and
WHEREAS, the City is required to implement Housing Element Program 7F by taking action to accommodate persons with disabilities and remove any identified regulatory constraints or impediments; and
WHEREAS, the City committed to prepare and process amendments to the Del Mar Municipal Code to implement the Housing Element by aligning the code with recent State legislation regarding fair housing; and
WHEREAS, the proposed amendments were duly noticed in media of local circulation and posted on the City’s website for public review beginning on June 26, 2026; and
WHEREAS, on June 26, 2026, the notice of Planning Commission public hearing was published in the Coast News; and
WHEREAS, on July 14, 2026, the Planning Commission held a duly noticed public hearing to review the proposed code amendments and associated environmental determination in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, this action has been analyzed for consistency with the City’s certified Housing Element Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program (MMRP) that was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064); and WHEREAS, it was determined the proposed amendments will not result in any new significant effects to the environment or an increase in the severity of effects on the 10 August 25, 2026 Item 17
Ordinance No. XXXX

environment as analyzed in the Final PEIR, therefore, pursuant to CEQA Guidelines Section 15162 no further environmental documentation is necessary; and WHEREAS, the proposed code amendments are consistent with the Del Mar Community Plan including the State-certified 6th Cycle Housing Element and Statecertified Local Coastal Program; and WHEREAS, on July 14, 2026, the Planning Commission voted unanimously to recommend adoption of the proposed code amendments to the City Council; and WHEREAS, on August 7, 2026, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, on August 25, 2026, the City Council held a duly noticed public hearing for introduction of the Ordinance; and
WHEREAS, this Ordinance does not constitute an amendment to the certified Local Coastal Program, which means the final decision will be made by the City Council.

NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That Del Mar Municipal Code Chapter 30.86 (Supplemental Regulations) is amended to repeal the prior regulations for Reasonable Accommodation in Section

30.86.230.

SECTION TWO: That a new Chapter 30.94 - “Reasonable Accommodations” shall be created to read as follows:

30.94.010 – Purpose
The City of Del Mar has standard procedures to accept requests for reasonable accommodations for individuals with disabilities in all areas including but not limited to land use, zoning and building policies and regulations. It is the intent of the City of Del Mar, and consistent with Federal Fair Housing Amendments Act of 1988, American Disabilities Act, California Fair Employment and Housing Act, and related statutes to provide disabled individuals reasonable accommodation by providing alternative compliance procedures to existing ordinances or policies to ensure equal access for individuals with disabilities to public spaces, non-residential spaces, and housing.

This Chapter establishes procedures for making requests for reasonable accommodation and identifies local practices and procedures to comply with the purpose and intent of State and Federal laws, including but not limited to fair housing laws. It provides a reasonable accommodation procedure for individuals with disabilities and housing developers who seek to provide housing for individuals with disabilities by granting relief in the application of land use, zoning and building regulations, related policies, and the 11 August 25, 2026 Item 17
Ordinance No. XXXX

practices or procedures that will further the City’s compliance with Federal and State fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities. Information for processing other reasonable accommodation requests is posted at City Hall, published on the City website, on file with the City Clerk, and available upon request.

30.94.020 – Applicability
As used by this Chapter, “reasonable accommodations” relates to the process to accept requests for reasonable accommodations for individuals with disabilities in all areas including but not limited to land use, zoning and building policies and regulations, and other methods of accommodation to accommodate accessible features without overly burdensome regulatory barriers. This could entail granting the developer some form of regulatory relief in the areas of land use or zoning regulations. An example includes allowing housing developers, who provide housing for people with disabilities, flexibility in the application of land use, zoning, or building regulations, policies, practices or procedures. Each circumstance is likely to be unique and as such each request for accommodation will be based on a case-by-case basis when an individual or housing developer request a City wavier to certain zoning, land use, or building codes. The developer of a housing project first has the burden of objectively demonstrating that there is a need to eliminate barriers to public access and fair housing opportunities by adjustments made to the City’s land use, zoning, or building requirements.

In the case of individual accommodation needs, where the individual has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment may make a request for accommodations. A request for reasonable accommodation may be submitted by any individual with a disability, his or her legal representative, a non-residential property owner or other provider of non-residential uses, or other provider of housing for individuals with disabilities, when the application of a specific land use, zoning or building regulation, policy, practice, or procedure is objectively demonstrated to act as a barrier to public access, employment opportunities, or fair housing opportunities. A request for reasonable accommodation shall be made in the manner prescribed by Section 30.94.040.

30.94.030 – Notice to the Public of Availability of Accommodation Process The Notice of the availability of reasonable accommodation is posted at City Hall in a conspicuous and publicly accessible location. This general notice advises the public of the availability of the procedure for eligible individuals or developers. Forms for requesting reasonable accommodation are available to the public at City Hall and also on the City website. City staff will work cooperatively with the applicant to help explain the accommodation process and assist, as needed, with any requests for alternative compliance to reasonably meet the submittal documentation required by Section

30.94.040.

30.94.040 – Requesting Reasonable Accommodations
12 August 25, 2026 Item 17
Ordinance No. XXXX

A. In order to make housing or employment opportunities available to an individual with a disability, any eligible person, as defined in Section 30.94.020, may request a reasonable accommodation related to the relief from a land use restriction, zoning and building regulation, a policy, or from a practice or procedure typically followed by the City.

B. Requests for reasonable accommodation shall be made on an application form provided by the Planning and Community Development Department or in the form of a letter to the Director of Planning and Community Development Director and provide the following information or other information that the Director requires:

1. Name, address, and assessor parcel number of the individual(s) requesting reasonable accommodation.

2. Name, address, and contact information of the property owner(s).

3. Address of the property for which accommodation is requested.

4. Description of the requested accommodation and the Ordinance(s), policy or procedure for which accommodation is sought.

5. Reason that the requested accommodation may be necessary for the disabled individual(s) and a narrative description of what is needed so that the disabled person may have full use and enjoyment of the dwelling.

Private medical information shall not be submitted.

6. A plan or drawing of the accommodation needed if the applicant is requesting a physical change to a dwelling, development, or property.

7. A completed application in a form provided by the City and payment of required application fee as applicable.

C. Any information identified by an applicant as confidential shall be clearly and boldly marked as confidential. The City may retain such information, and if retained, it may be treated in a manner to respect the privacy rights of the applicant when consistent with public disclosure laws.

D. A request for reasonable accommodation in regulations, policies, practices, or procedures may be filed at any time when the accommodation is necessary to ensure equal access to housing. Should the City determine that a reasonable accommodation is necessary other land use, zoning, or related ordinances, or policies continue to remain in force.
13 August 25, 2026 Item 17
Ordinance No. XXXX

E. Should individual need assistance in making the request for reasonable accommodation, the City will, on a case-by-case basis provide good faith assistance to ensure that the process is accessible to all persons.

30.94.050 – Reviewing Authority
A. Requests for reasonable accommodation shall be reviewed by the Director of Planning and Community Development or his/her designee who then shall act as the “Reviewing Authority,” using the required findings criteria set forth in Section

30.94.070.

B. The Reviewing Authority shall issue a written decision on a request for reasonable accommodation within thirty (30) calendar days, or later if circumstances warrant, as calculated from date the application materials are deemed complete.

C. The Reviewing Authority may then either approve, approve with conditions, or deny the request for reasonable accommodations in accordance with the required findings set forth in Section 30.94.070.

D. The Reviewing Authority may request further information from the applicant consistent with fair housing and employment laws or City ordinances, specifying in a good faith manner the detail needed to complete the application process. In the event that a request for additional information is made, the thirty (30) calendar day period to issue a decision shall be stayed until the applicant has fully responded to the request.

E. The City’s reasonable accommodation process is administrative and not subject to review under the California Environmental Quality Act.

30.94.060 – Review with Other Land Use Applications
The Reviewing Authority decision on the accommodation request shall be incorporated into other required discretionary approvals should they apply, and such decision by the Reviewing Authority may not alleviate an applicant from compliance with other City’s discretionary processes.

30.94.70 – Required Findings
The written decision to approve, approve with conditions, or deny a request for reasonable accommodations shall be consistent with fair housing laws and based on the following factors:

A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing and employment laws;
14 August 25, 2026 Item 17
Ordinance No. XXXX

B. Whether the requested reasonable accommodation is necessary to make specific housing available to an individual with disabilities protected under the fair housing and employment laws;
C. Whether the requested reasonable accommodation would impose an undue financial or a significant administrative burden on the City; D. Whether the requested accommodation will require a major alteration from standard practices and implementation of a City program or law, including, the City’s land use, zoning, or building code; and
E. Whether other alternative reasonable accommodations methods provide an equivalent level of benefit to the disabled person.

30.94.080 – Written Decision on the Request for Reasonable Accommodation A. The Reviewing Authority’s written notice of decision for reasonable accommodation shall generally explain the basis of the decision in accordance with the required findings set forth in Section 30.94.070.

B. All written decisions shall explain the applicant’s right to appeal to the City Council and to request reasonable accommodation in the appeals process as set forth below. The Notice of Decision shall be sent to the applicant by certified mail.

C. The written decision of the Reviewing Authority shall be final unless the applicant timely appeals the decision to the City Council, which shall be the final authority of the Director’s decision. The City Council’s decision on the appeal shall be the final City action.

D. Should the Reviewing Authority fail to render a written decision on the request for reasonable accommodation within the thirty (30) calendar days time, the request may be deemed granted upon written notice from the applicant to the Reviewing Authority, unless circumstances dictate otherwise and in accordance with Section

30.94.050.

E. While a request for reasonable accommodation is pending, including an appeal, all ordinances or regulations not subject to the accommodation request shall continue to be enforceable.

30.94.090 – Appeals
A determination to grant or deny a request for reasonable accommodation may be appealed within ten (10) days and in compliance with Del Mar Municipal Code Chapter

1.12. An appeal on an application for reasonable accommodation shall be exempt from the Initial Consideration process in Section 1.12.040. Such actions shall be heard by the City Council as a public hearing pursuant to Section 1.12.050. 15 August 25, 2026 Item 17
Ordinance No. XXXX

30.94.100 – Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION THREE: That Chapter 23.08 – “Design Review” Section 23.08.035 of the Municipal Code is amended to read as follows:

23.08.035 – Administrative Design Review
A. An applicant for a project involving the construction, alteration, or remodeling of the exterior of a structure which requires a Design Review Permit may apply for an Administrative Design Review (ADR) Permit in accordance with the eligibility criteria below, so long as the Planning Director has deemed the project to be consistent with the regulatory conclusions of the Design Review Ordinance and the applicable Citywide Design Guidelines:
[No change to Subsections 1. through 5.]

6. The project involves the installation, relocation, or modification of an exterior light (fixture) which would be low-intensity, downward directed below the horizontal plane of the fixture, and shielded ("Full Cut Off" designated or "Fully Shielded" fixtures, so that no light is emitted above the lowest light emitting part of the fixture). All proposed fixtures shall be located no closer to the property line than four times the mounting height of the fixture and shall not exceed the height of the adjacent structure;

7. The project involves the installation, relocation or enlargement of a door, window or other transparent surface that is not exempt from the requirement of Design Review pursuant to DMMC Section 23.08.030(C)(1). Windows shall be located to avoid direct views into existing neighboring windows by offsetting or staggering windows facing neighbors' windows, and shall be located, sized, and/or glazed to avoid sightlines into neighboring residences and yards;

8. The project involves exterior heating, cooling, or other mechanical equipment accessory to an allowed use, which would be screened from view by an opaque solid barrier no lower in height than the top of the equipment and would be located and screened in a manner that would achieve compliance with the maximum allowed decibel levels provided in DMMC Section 9.20.040;

9. The project involves an increase in building roof height no greater than eight inches or the addition or relocation of a chimney no higher than the minimum 16 August 25, 2026 Item 17
Ordinance No. XXXX

required by Building Code or wider than 30-inches on any side. Chimneys shall be depicted by story poles for ADR review; and

10.The project involves the installation of a lightwell in the interior side or rear yard when required by the Building Code.
[No change to Subsections B. through E.]
SECTION FOUR: This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed amendments are consistent with the analysis prepared for the City’s 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR). The PEIR and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available online at: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR91020. Based on staff’s analysis, the proposed amendments will not result in any new significant effects on the environment or increase in the severity of effects on the environment as analyzed in the Final PEIR.

SECTION FIVE: This Ordinance was introduced by the City Council on August 25, 2026.

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

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

SECTION EIGHT: Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 8th day of September 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
17 August 25, 2026 Item 17
Ordinance No. XXXX

APPROVED AS TO FORM:
______________________________
Christina M. Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th day of September 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
18 August 25, 2026 Item 17
Attachment B

Reasonable Accommodations Amendments – Strikeout/Underline Following is a strikeout/underline copy of the proposed amendments (ZA26-003) to repeal the existing Reasonable Accommodations regulations currently published in Chapter 30.86 (Supplemental Regulations) and Chapter 23.08 (Design Review) and publish the proposed Reasonable Accommodations regulations in a new Chapter 30.94.

Chapter 30.86 SUPPLEMENTAL REGULATIONS

30.86.230 - Reasonable Accommodation.

A. Purpose. It is the policy of the City of Del Mar to provide reasonable accommodation in regulations and procedures to ensure equal access to persons with disabilities to housing or commercial or industrial facilities and to facilitate the development of housing for persons with disabilities. This Section is based on requirements of Federal and State housing laws, including the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act, and implements the Housing Element of the City's General Plan. The purpose of this Section is to provide a procedure under which a person with disabilities, or a property owner of commercial or industrial uses, may request a reasonable accommodation in the application of zoning regulations in order to secure equal access to housing or commercial or industrial facilities, and outlines a process for decision makers to act upon such requests. This Section is intended for all uses, and within all zoning designations, and is distinct from the requirements for a variance.

The City also recognizes the importance of sustaining and enhancing the community, as articulated in the City's Community Plan, and will consider whether the requested reasonable accommodation would result in an undue burden to the City or a fundamental alteration of City policies.

B. Definitions.

Person with Disabilities and Reasonable Accommodation shall have the same meaning as those stated in Chapter 30.04 (Definitions).

C. Applicability. The provisions of this Section apply to all uses that will be used by a person with disabilities. In order to make housing and commercial or industrial facilities accessible to a person with disabilities, any person may request a reasonable accommodation, or exception to the City's Zoning Code regulations, in accordance with this Section.

D. Application and Review Procedure.

1. Applicant. Any person who requests reasonable accommodation, based on the disability of residents or users, in the application of a land use or zoning law which may be acting as a barrier to fair housing and access opportunities, 19 August 25, 2026 Item 17
Attachment B

may submit an application. The applicant may be the person with the disability, or his or her representative, or a developer of housing or commercial or industrial facilities for the purpose of accommodating persons with disabilities.

2. Application. An Administrative Design Review (ADR) application shall be filed with the Planning and Community Development Director, or his or her designee. In addition to completion of the ADR application, the applicant shall include:
a. Basis for the claim, such as a medical certification, that the person on whose behalf the accommodation is sought is disabled; or b. Explanation of why the reasonable accommodation is necessary to make the specific housing or commercial facility accessible to the person with disabilities.
c. Other relevant information as requested by the Planning and Community Development Director, or his or her designee, in order to make the required findings.

3. The application noticing shall be consistent with Subsection 23.08.035.B. (Administrative Design Review) of the DMMC.

4. Findings. Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth below. An application under this Chapter for a reasonable accommodation shall be granted if all of the following findings are made:
a. The housing or commercial facility, which is the subject of the request, will be used or occupied by a person with disabilities. b. Due to the physical attributes of the subject property or the structures on-site, the requested reasonable accommodation is necessary to make the specific housing or commercial facility accessible to a person with disabilities under the Federal Fair Housing Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act (ADA).
c. The requested reasonable accommodation would not create an undue financial or administrative burden for the City.
d. The requested reasonable accommodation would not require a fundamental alteration in City's land use and zoning ordinances, programs or policies. In making this finding, the decision-making 20 August 25, 2026 Item 17
Attachment B

body may consider, but its consideration is not limited to, the following factors:
i. Whether the proposed changes to the subject property and structures, would adversely impact the health, safety or use of adjacent properties or the City right-of-way.
ii. Whether any reasonable alternatives have been identified that would provide an equivalent level of benefit without requiring a reasonable accommodation or exception to the City's applicable rules, standards and practices.

5. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose conditions to ensure that the reasonable accommodation complies with the findings required by this Chapter.

Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary in order to accommodate a person with disabilities. The reviewing authority may require the recordation of the conditions of approval, or its equivalent.

6. Determination. A determination timeframe on the application request shall be made consistent with Subsections 23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.

7. Appeals. The appeal process shall be made consistent with Subsections

23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.

Chapter 23.08 DESIGN REVIEW

23.08.035 – Administrative Design Review
A. An applicant for a project involving the construction, alteration, or remodeling of the exterior of a structure which requires a Design Review Permit may apply for an Administrative Design Review (ADR) Permit in accordance with the eligibility criteria below, so long as the Planning Director has deemed the project to be consistent with the regulatory conclusions of the Design Review Ordinance and the applicable Citywide Design Guidelines:
[No change to Subsections 1. through 5.]

6. The proposed project involves a request for reasonable accommodation in the application of zoning regulations in order to secure equal access to housing or commercial or industrial facilities for persons with disabilities. 21 August 25, 2026 Item 17
Attachment B

The request shall be consistent with Section 30.86.220 (Reasonable Accommodation) of the DMMC;
[No change to Subsections 7. through 11. except for renumbering as 6. through 10. ] [No change to Subsections B. through E.]
Chapter 30.94 REASONABLE ACCOMMODATIONS

30.94.010 – Purpose.

The City of Del Mar has standard procedures in place to accept requests for reasonable accommodations for individuals with disabilities in all areas including but not limited to land use, zoning and building policies and regulations. It is the intent of the City of Del Mar, and consistent with Federal Fair Housing Amendments Act of 1988, American Disabilities Act, California Fair Employment and Housing Act, and related statutes to provide disabled individuals reasonable accommodation by providing alternative compliance procedures to existing ordinances or policies to ensure equal access for individuals with disabilities to public spaces, non-residential spaces, and housing.

This Chapter establishes procedures for making requests for reasonable accommodation and identifies local practices and procedures to comply with the purpose and intent of State and Federal laws, including but not limited to fair housing laws. It provides a reasonable accommodation procedure for individuals with disabilities and housing developers who seek to provide housing for individuals with disabilities by granting relief in the application of land use, zoning and building regulations, related policies, and the practices or procedures that will further the City’s compliance with Federal and State fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities. Information for processing other reasonable accommodation requests is posted at City Hall, published on the City website, on file with the City Clerk, and available upon request.

30.94.020 – Applicability.

As used by this Chapter, “reasonable accommodations” relates to the process to accept requests for reasonable accommodations for individuals with disabilities in all areas including but not limited to land use, zoning and building policies and regulations, and other methods of accommodation to accommodate accessible features without overly burdensome regulatory barriers. This could entail granting the developer some form of regulatory relief in the areas of land use or zoning regulations. An example includes allowing housing developers, who provide housing for people with disabilities, flexibility in the application of land use, zoning, or building regulations, policies, practices or 22 August 25, 2026 Item 17
Attachment B

procedures. Each circumstance is likely to be unique and as such each request for accommodation will be based on a case-by-case basis when an individual or housing developer request a City wavier to certain zoning, land use, or building codes. The developer of a housing project first has the burden of objectively demonstrating that there is a need to eliminate barriers to public access and fair housing opportunities.

In the case of individual accommodation needs, where the individual has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her legal representative, a non-residential property owner or other provider of non-residential uses, or other provider of housing for individuals with disabilities, when the application of a specific land use, zoning or building regulation, policy, practice, or procedure is objectively demonstrated to act as a barrier to public access, employment opportunities, or fair housing opportunities. A request for reasonable accommodation shall be made in the manner prescribed by Section 30.94.040.

30.94.030 – Notice to the Public of Availability of Accommodation Process.

The Notice of the availability of reasonable accommodation is posted at City Hall in a conspicuous and publicly accessible location. This general notice advises the public of the availability of the procedure for eligible individuals or developers. Forms for requesting reasonable accommodation are available to the public at City Hall and also on the City website. City staff will work cooperatively with the applicant to help explain the accommodation process and assist, as needed, with any requests for alternative compliance to reasonably meet the submittal documentation required by Section

30.94.040.

30.94.040 – Requesting Reasonable Accommodations.

A. In order to make housing or employment opportunities available to an individual with a disability, any eligible person, as defined in Section 30.94.020, may request a reasonable accommodation related to the relief from a land use restriction, zoning and building regulation, a policy, or from a practice or procedure typically followed by the City.

B. Requests for reasonable accommodation shall be made on an application form provided by the Planning and Community Development Department or in the form of a letter to the Director of Planning and Community Development Director and provide the following information or other information that the Director requires:
23 August 25, 2026 Item 17
Attachment B

1. Name, address, and assessor parcel number of the individual(s) requesting reasonable accommodation.

2. Name, address, and contact information of the property owner(s).

3. Address of the property for which accommodation is requested.

4. Description of the requested accommodation and the Ordinance(s), policy or procedure for which accommodation is sought.

5. Reason that the requested accommodation may be necessary for the disabled individual(s) and a narrative description of what is needed so that the disabled person may have full use and enjoyment of the dwelling.

Private medical information shall not be submitted.

6. A plan or drawing of the accommodation needed if the applicant is requesting a physical change to a dwelling, development, or property.

7. A completed application in a form provided by the City and payment of required application fee as applicable.

C. Any information identified by an applicant as confidential shall be clearly and boldly marked as confidential. The City may retain such information, and if retained, it may be treated in a manner to respect the privacy rights of the applicant when consistent with public disclosure laws.

D. A request for reasonable accommodation in regulations, policies, practices, or procedures may be filed at any time when the accommodation is necessary to ensure equal access to housing. Should the City determine that a reasonable accommodation is necessary other land use, zoning, or related ordinances, or policies continue to remain in force.

E. Should individual need assistance in making the request for reasonable accommodation, the City will, on a case-by-case basis provide good faith assistance to ensure that the process is accessible to all persons.

30.94.050 – Reviewing Authority.

A. Requests for reasonable accommodation shall be reviewed by the Director of Planning and Community Development or his/her designee who then shall act as the “Reviewing Authority,” using the required findings criteria set forth in Section of 30.94.070.

B. The Reviewing Authority shall issue a written decision on a request for reasonable accommodation within thirty (30) calendar days, or later if 24 August 25, 2026 Item 17
Attachment B

circumstances warrant, as calculated from date the application materials are deemed complete.

C. The Reviewing Authority may then either approve, approve with conditions, or deny the request for reasonable accommodations in accordance with the required findings set forth in Section 30.94.070.

D. The Reviewing Authority may request further information from the applicant consistent with fair housing and employment laws or City ordinances, specifying in a good faith manner the detail needed to complete the application process. In the event that a request for additional information is made, the thirty (30) calendar day period to issue a decision shall be stayed until the applicant fully responds to the request.

E. The City’s reasonable accommodation process is administrative and not subject to review under the California Environmental Quality Act.

30.94.060 – Review with Other Land Use Applications.

The Reviewing Authority decision on the accommodation request shall be incorporated into other required discretionary approvals should they apply, and such decision by the Reviewing Authority may not alleviate an applicant from compliance with other City’s discretionary processes.

30.94.70 – Required Findings.

The written decision to approve, approve with conditions, or deny a request for reasonable accommodations shall be consistent with fair housing laws and based on the following factors:

A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing and employment laws;
B. Whether the requested reasonable accommodation is necessary to make specific housing available to an individual with disabilities protected under the fair housing and employment laws;
C. Whether the requested reasonable accommodation would impose an undue financial or a significant administrative burden on the City; D. Whether the requested accommodation will require a major alteration from standard practices and implementation of a City program or law, including, the City’s land use, zoning, or building code; and
25 August 25, 2026 Item 17
Attachment B

E. Whether other alternative reasonable accommodations methods provide an equivalent level of benefit to the disabled person.

30.94.080 – Written Decision on the Request for Reasonable Accommodation.

A. The Reviewing Authority’s written notice of decision for reasonable accommodation shall generally explain the basis of the decision in accordance with the required findings set forth in Section 30.94.060.

B. All written decisions shall explain the applicant’s right to appeal to the City Council and to request reasonable accommodation in the appeals process as set forth below. The Notice of Decision shall be sent to the applicant by certified mail.

C. The written decision of the Reviewing Authority shall be final unless the applicant timely appeals the decision to the City Council, which shall be the final authority of the Director’s decision. The City Council’s decision on the appeal shall be the final City action.

D. Should the Reviewing Authority fail to render a written decision on the request for reasonable accommodation within the thirty (30) calendar days time, the request may be deemed granted upon written notice from the applicant to the Reviewing Authority, unless circumstances dictate otherwise and in accordance with Section

30.94.050.

E. While a request for reasonable accommodation is pending, including an appeal, all ordinances or regulations not subject to the accommodation request shall continue to be enforceable.

30.94.090 – Appeals.

A determination to grant or deny a request for reasonable accommodation may be appealed within ten (10) days and in compliance with Del Mar Municipal Code Chapter

1.12. An appeal on an application for reasonable accommodation shall be exempt from the Initial Consideration process in Section 1.12.040. Such actions shall be heard by the City Council as a public hearing pursuant to Section 1.12.050.

30.94.100 – Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
26 August 25, 2026 Item 17
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE (DMMC) CHAPTER 30.04 (DEFINITIONS), CHAPTER

30.10 (VERY LOW DENSITY RESIDENTIAL R1-40), CHAPTER

30.11 (MODIFIED LOW DENSITY RESIDENTIAL R1-14),
CHAPTER 30.12 (LOW DENSITY RESIDENTIAL R1-10),
CHAPTER 30.13 (LOW DENSITY RESIDENTIAL BEACH R1-
10B), CHAPTER 30.14 (MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL R1-5), CHAPTER 30.15 (MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL BEACH R1-5B), CHAPTER 30.16
(MEDIUM DENSITY SINGLE-MIXED RESIDENTIAL RM-EAST),
CHAPTER 30.17 (MEDIUM DENSITY MIXED RESIDENTIAL RMWEST), CHAPTER 30.18 MEDIUM DENSITY MIXED RESIDENTIAL RM-CENTRAL), CHAPTER 30.19 (MEDIUM
DENSITY MIXED RESIDENTIAL RM-SOUTH), CHAPTER 30.20
(HIGH DENSITY MIXED RESIDENTIAL R2), CHAPTER 30.21
(RESIDENTIAL COMMERCIAL ZONE RC), CHAPTER 30.22
(CENTRAL COMMERCIAL ZONE) AND CHAPTER 30.24
(NORTH COMMERCIAL ZONE), AND CHAPTER 30.25
(PROFESSIONAL COMMERCIAL ZONE), AND SECTION

30.75.080 (COASTAL DEVELOPMENT PERMIT ISSUANCE);
AND CREATING A NEW DMMC SECTION 30.86.205
(SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING) AND
CHAPTER 30.95 (HOUSING FOR SPECIAL NEEDS

POPULATIONS) AS NECESSARY TO HARMONIZE THE DEL

MAR MUNICIPAL CODE AND CERTIFIED LOCAL COASTAL

PROGRAM WITH FAIR HOUSING STATE LAWS
WHEREAS, the City of Del Mar is a charter city and when specified, certain State housing laws apply to general law and charter cities in the State of California; and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, the City’s 6th Cycle Housing Element was adopted by the City Council on April 3, 2023, and certified by the California Housing and Community Development Department on May 31, 2023; and
WHEREAS, in accordance with Assembly Bill 686, the City is mandated to facilitate the entitlement of special needs housing through by-right ministerial approvals for certain categories of special needs care operations; and
WHEREAS, the City is required to implement Housing Element Programs 4A and 4B by taking action to amend the Del Mar Municipal Code (DMMC) to align with State law 27 August 25, 2026 Item 17
Ordinance No. XXXX

provisions related to various State-regulated housing types and care services for special needs populations; and
WHEREAS, as a coastal city, the City of Del Mar must comply with the Coastal Act and harmonize its certified LCP policies and regulations with the State’s fair housing laws; and
WHEREAS, the proposed amendments were duly noticed and posted on the City’s website for public review beginning on June 26, 2026; and WHEREAS, on June 26, 2026, the required Notice of Availability for Local Coastal Program Amendments/Notice of Planning Commission Public Hearing was mailed to the required notification list for LCP Amendments in accordance with State law; and WHEREAS, on July 14, 2026, the Planning Commission held a duly noticed public hearing to review the proposed code amendments and associated environmental determination in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, this action has been analyzed for consistency with the City’s certified Housing Element Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program (MMRP) that was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064); and WHEREAS, it was determined the proposed amendments will not result in any new significant effects to the environment or an increase in the severity of effects on the environment as analyzed in the Final PEIR, therefore, pursuant to CEQA Guidelines Section 15162 no further environmental documentation is necessary; and WHEREAS, the proposed code amendments are consistent with the Del Mar Community Plan (General Plan) including the State-certified 6th Cycle Housing Element and State-certified Local Coastal Program; and
WHEREAS, on July 14, 2026, the Planning Commission voted unanimously to recommend adoption of the proposed code amendments to the City Council; and WHEREAS, on August 7, 2026, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, on August 25, 2026, the City Council held a duly noticed public hearing for introduction of the Ordinance; and
WHEREAS, the proposed amendments constitute an amendment to the City’s certified Local Coastal Program, which means following adoption by the City Council, the proposed LCP amendments will be submitted to the California Coastal Commission for their review and processing of the required certification approval needed in order for the Ordinance to take effect.
28 August 25, 2026 Item 17
Ordinance No. XXXX

NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That DMMC Section 30.04.010 (“A” Words and Phrases Defined) be amended as follows to add new definitions for Adult and Child Day Care Services, Small and Adult and Child Day Care Services, Large:
[No change to Subsections Access through Adjoining Grade] K. Adult and Child Day Care Services, Small; shall mean any licensed, community-based facility or program that provides care to six (6) persons or less in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis, consistent with State law.

L. Adult and Child Day Care Services, Large; shall mean any licensed, community-based facility or program that provides care to seven (7) persons or more, consistent with State law and shall have the same allowable uses as Adult and Child Day Care Services, Small. [No change to Subsection K. Agriculture through Subsection AB. Awning with the exception of consecutively relettering each to Subsection M. Agriculture through AD.

Awning]
SECTION TWO: That DMMC Section 30.04.030 (“C” Words and Phrases Defined) be amended to repeal the definitions in Subsection Q. Community Care Facility, Small and Subsection R. Community Care Facility, Large.
[No change to the definitions in Subsection S. Community Plan through Subsection AA.

Curb Level with the exception of consecutively relettering each to Subsection Q.

Community Plan through Subsection Y. Curb Level]
SECTION THREE: That DMMC Section 30.04.040 (“D” Words and Phrases Defined) be amended to repeal the definitions in Subsection A. Day Care Facility, Small Family and Subsection B. Day Care Facility, Large Family.
[No change to the definitions in Subsection C. Density through Subsection L. Dwelling Unit, Clustered with the exception of consecutively relettering each to Subsection A.

Density through Subsection L. Dwelling Unit, Clustered] SECTION FOUR: That DMMC Section 30.04.050 (“E” Words and Phrases Defined) be amended as follows to add a definition of Emergency Shelter:
[No change to Subsection Efficiency Unit]
29 August 25, 2026 Item 17
Ordinance No. XXXX

B. Emergency Shelter shall have the same meaning as defined in California State law as housing with supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
[No change to the definitions of Subsection B. Enforcement Officer, Zoning Enforcement Officer through Subsection C. Existing Grade with the exception of consecutively relettering each to Subsection C. Enforcement Officer, Zoning Enforcement Officer through Subsection D. Existing Grade]
SECTION FIVE: That DMMC Section 30.04.120 (“L” Words and Phrases Defined) be amended as follows to add a definition of Low Barrier Navigation Center:
[No change to Subsections Land Area, Gross through Lot Width] Z. Low Barrier Navigation Center shall have the same meaning as defined in California State law as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

SECTION SIX: That DMMC Section 30.04.170 (“R” Words and Phrases Defined) be amended to repeal the definition of Rest Home in Subsection C. and reletter the definitions of Restaurant and Roadway as follows:
[No change to Subsections A. Reasonable Accommodations through B. Recreational Vehicle]
C. Residential Care Facility, Small; shall mean any State licensed facility, place, or structure serving six (6) or less residents that is maintained and operated to provide nonmedical residential care, treatment, or foster agency services for adults, children, or adults and children as defined in California State law. This use includes licensed skilled nursing facilities and the administration of limited medical assistance (e.g., dispensing of prescribed medications).

D. Residential Care Facility, Large; shall mean any State licensed facility, place, or structure serving seven (7) or more residents as defined in California State law and shall have the same allowable uses as Residential Care Facility, Small.

E. Restaurant means an eating establishment which includes the on-site sale and consumption of food and/or beverages.

F. Roadway means that portion of a right-of-way or private road designed or used for accommodating the movement of vehicles.
30 August 25, 2026 Item 17
Ordinance No. XXXX

SECTION SEVEN: That DMMC Section 30.04.180 (“S” Words and Phrases Defined) be amended to replace the existing definition of Supportive Housing with a new definition for the term Supportive Housing (Permanent) as follows:
[No change to Subsection A. Screening through Subsection R. Studio] S. Supportive Housing (Permanent) shall have the same meaning as defined in California State law, consisting of properly permitted and licensed supportive housing consistent with California State law with no limit on length of stay, that is occupied by the residents who require supportive care, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

SECTION EIGHT: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended to amend the existing definition of the term Transitional Housing as follows:
[No change to Subsections Tandem Parking Space through Trailer Court or Trailer Park] G. Transitional Housing shall have the same meaning as defined in California State law consisting of properly permitted and licensed supportive housing consistent with California State law with supportive services for up to 24 months that is exclusively for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing within the time prescribed or as quickly as possible, and limits rents and service fees to an ability-to-pay formula consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. [No change to Subsection Trellis]
SECTION NINE: That Sections 30.10.030 and 30.10.040 in Chapter 30.10 (Very Low Density Residential R1-40) be amended as follows:
[No change to Sections 30.10.010 through 30.10.020]

30.10.030 - Allowable Uses.

The allowable uses in the R1-40 Zone are:

A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

D. Two Unit Residential Development pursuant to Chapter 30.93. 31 August 25, 2026 Item 17
Ordinance No. XXXX

30.10.040 - Accessory Uses.

The following accessory uses may be established in the R1-40 Zone:
[No change to Subsections A. through K.]
L. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.10.050 through 30.10.090]
SECTION TEN: That Sections 30.11.030 and 30.11.040 in Chapter 30.11 (Modified Low Density Residential R1-14) be amended as follows:
[No change to Sections 30.11.010 through 30.11.020]

30.11.030 - Allowable Uses.

The allowable uses in the R1-14 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.11.040 - Accessory Uses.

The following accessory uses may be established in the R1-14 Zone:
[No change to Subsections A. through H.]
I. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.11.050 through 30.11.090]
SECTION ELEVEN: That Sections 30.12.030 and 30.12.040 in Chapter 30.12 (Low Density Residential R1-10) be amended as follows:
[No change to Sections 30.12.010 through 30.12.020]

30.12.030 - Allowable Uses.

The allowable uses in the R1-10 Zone are:
32 August 25, 2026 Item 17
Ordinance No. XXXX

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.12.040 - Accessory Uses.

The following accessory uses may be established in the R1-10 Zone:
[No change to Subsections A. though H.]
I. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.12.050 through 30.12.090]
SECTION TWELVE: That Sections 30.13.030 and 30.13.040 in Chapter 30.13 (Low Density Residential Beach R1-10B) be amended as follows:
[No change to Sections 30.13.010 through 30.13.020]

30.13.030 - Allowable Uses.

The allowable uses in the R1-10B Zone are:

A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.13.040 - Accessory Uses.

The following accessory uses may be established in the R1-10B Zone:
[No change to subsections A. through H.]
I. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.13.050 through 30.13.090]
33 August 25, 2026 Item 17
Ordinance No. XXXX

SECTION THIRTEEN: That Sections 30.14.030 and 30.14.040 in Chapter 30.14 (Medium Density Single-Family Residential R1-5) be amended as follows:
[No change to Sections 30.14.010 through 30.14.020]

30.14.030 - Allowable Uses.

The allowable uses in the R1-5 Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

D. Two Unit Residential Development pursuant to Chapter 30.93.

30.14.040 - Accessory Uses.

The following accessory uses may be established in the R1-5 Zone:
[No change to Subsections A. through H.]
I. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.14.050 through 30.14.090]
SECTION FOURTEEN: That Sections 30.15.030 and 30.15.040 in Chapter 30.15 (Medium Density Single-Family Residential Beach R1-5B) be amended as follows:
[No change to Sections 30.15.010 through 30.15.020]

30.15.030 - Allowable Uses.

The allowable uses in the R1-5B Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.15.040 - Accessory Uses.
34 August 25, 2026 Item 17
Ordinance No. XXXX

The following accessory uses may be established in the R1-5B Zone:
[No change to Subsections A. through H.]
I. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.15.050 through 30.15.090]
SECTION FIFTEEN: That Sections 30.16.030, 30.16.040, and 30.16.045 in Chapter

30.16 (Medium Density Mixed Residential RM-East) be amended as follows:
[No change to Sections 30.16.010 through 30.16.020]

30.16.030 - Allowable Uses.

The allowable uses in the RM-East Zone are:
[No change to Subsections A. through E.]
F. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.16.040 - Accessory Uses.

The following accessory uses may be established in the RM-East Zone:
[No change to Subsections A. through E.]
F. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.16.045 - Conditionally Allowed Uses.

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-East Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC; B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
35 August 25, 2026 Item 17
Ordinance No. XXXX

D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.16.050 through 30.16.090]
SECTION SIXTEEN: That Sections 30.17.030, 30.17.040, 30.17.045 in Chapter 30.17 (Medium Density Mixed Residential RM-West) be amended as follows:
[No change to Sections 30.17.010 through 30.17.020]

30.17.030 - Allowable Uses.

The allowable uses in the RM-West Zone are:
[No change to Subsections A. through E.]
F. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.17.040 - Accessory Uses.

The following accessory uses may be established in the RM-West Zone:
[No change to Subsections A. through E.]
F. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.17.045 - Conditionally Allowed Uses.

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-West Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
36 August 25, 2026 Item 17
Ordinance No. XXXX

C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.17.050 through 30.17.090]
SECTION SEVENTEEN: That Sections 30.18.030, 30.18.040, and 30.18.045 in Chapter

30.18 (Medium Density Mixed Residential- RM-Central) be amended as follows:
[No change to Sections 30.18.010 through 30.18.020]

30.18.030 - Allowable Uses.

The allowable uses in the RM-Central Zone are:
[No change to Subsections A. through E.]
F. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.18.040 - Accessory Uses.

The following accessory uses may be established in the RM-Central Zone:
[No change to Subsections A. through E.]
F. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.18.045 - Conditionally Allowed Uses.

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-Central Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
37 August 25, 2026 Item 17
Ordinance No. XXXX

C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.18.050 through 30.18.090]
SECTION EIGHTEEN: That Sections 30.19.030, 30.19.040, and 30.19.045 in Chapter

30.19 (Medium Density Mixed Residential RM-South) be amended as follows:
[No change to Sections 30.19.010 through 30.19.020]

30.19.030 - Allowable Uses.

The allowable uses in the RM-South Zone are:
[No change to Subsections A. through D.]
E. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

F. A Residential Care Facility, Small; Supportive Housing or Transitional Housing pursuant to Chapter 30.95.
[No change to Section 30.19.040]

30.19.045 - Conditionally Allowed Uses.

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-South Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
38 August 25, 2026 Item 17
Ordinance No. XXXX

C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Section 30.19.050 through 30.20.020]
SECTION NINETEEN: That Sections 30.20.030, 30.20.040, and 30.20.045 in Chapter

30.20 (High Density Mixed Residential R2) be amended as follows:
[No change to Sections 30.20.010 through 30.20.020]

30.20.030 - Allowable Uses.

The allowable uses in the R2 Zone are:
[No change to Subsections A. through E.]
F. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.20.040 - Accessory Uses.

The following accessory uses may be established in the R2 Zone:
[No change to Subsections A. through E.]
F. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.20.045 - Conditionally Allowed Uses.

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the R2 Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
39 August 25, 2026 Item 17
Ordinance No. XXXX

C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.20.050 through 30.20.090]
SECTION TWENTY: That Sections 30.21.030, 30.21.040, and 30.21.045 in Chapter

30.21 (Residential-Commercial Zone RC) be amended as follows:
[No change to Sections 30.21.010 through 30.21.020]

30.21.030 - Allowable Uses.

The following uses are allowable in the RC Zone:

A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.

B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.

C. A Residential Care Facility, Small, Supportive Housing, or Transitional Housing pursuant to Chapter 30.95.

30.21.040 - Accessory Uses.

The following accessory uses may be established in the RC Zone:
[No change to Subsections A. through B.]
C. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Subsection D.]
[No change to Sections 30.21.050 through 30.21.090]

30.21.045 - Conditionally Allowed Uses.
40 August 25, 2026 Item 17
Ordinance No. XXXX

Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RC Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.21.050 through 30.21.090]
SECTION TWENTY-ONE: That Sections 30.22.040, 30.22.045, and 30.22.050 in Chapter 30.22 (Central Commercial Zone) be amended as follows:
[No change to Sections 30.22.010 through 30.22.036]

30.22.040 - Allowable Uses: Conditional Use Permit.

A. Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 for any such use has first been approved and is in full force and effect, the following uses are allowable in the CC Zone:

Commercial Mobile Radio Service Facilities—Minor
Child Day Care Center or Child Care Nursery
Gasoline Service Stations
Hotels, Motels or Auto Courts
Motion Picture and Legitimate Theaters
Newspapers, Printers
41 August 25, 2026 Item 17
Ordinance No. XXXX

Outdoor sales
Public Utility Buildings
Veterinary Clinics
Private Clubs, Fraternal Organizations
Parking Lots and Parking Garages, not accessory to a permitted use [No change to Subsections B. through C.]

30.22.045 - Special Needs Housing
Special Needs Housing uses regulated by Chapter 30.95 are permitted in the CC Zone as follows:

A. Low Barrier Navigation Centers pursuant to Section 30.95.050.

B. Residential Care Facilities, Small; Supportive Housing; or Transitional Housing, pursuant to Chapter 30.95
C. Provided a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, the following uses are allowable in the CC Zone:

1. A Residential Care Facility, Large

2. Adult and Child Day Care Services, Large (See Section 30.22.050 use allowance for Adult and Child Day Care Services, Small) D. The following requirements shall apply to the conditional uses identified in

30.22.045(B):

1. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;

3. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;

4. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;

5. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
42 August 25, 2026 Item 17
Ordinance No. XXXX

6. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.

30.22.050 - Accessory Uses.
[No change to Subsections A. through C.]
D. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Sections 30.22.060 through 30.22.070]
SECTION TWENTY-TWO: That Sections 30.24.030, 30.24.035, 30.24.040, and

30.24.046 in Chapter 30.24 (North Commercial Zone) be amended as follows:
[No change to Sections 30.24.010 through 30.24.020]

30.24.030 - Allowable Uses.

The following uses are allowable in the NC Zone:
[No change to Subsections A. through C.]
D. Emergency shelters pursuant to Section 30.24.035 and Low Barrier Navigation Centers pursuant to Section 30.95.050.

E. Residential Care Facilities, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.
[No change to Subsections F. through H.]

30.24.035 – Standards for Emergency Shelters.

A. For purposes of this Section, the term "Emergency Shelter" shall have the same meaning as defined in California Health and Safety Code § 50801(e), or as amended, “Housing with supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” B. Emergency shelters are permitted in the North Commercial (NC) Zone subject to compliance with the objective development standards as set forth in this Section, unless otherwise preempted by applicable State and Federal laws, which shall include those areas of law where Federal or State regulations have clearly stated, with an expressed intention, that the regulatory field has been fully occupied by those authorities.

The following objective standards shall apply to all Emergency Shelters:
43 August 25, 2026 Item 17
Ordinance No. XXXX

1. An emergency shelter shall be located a minimum distance of 300 feet from the closest property line of any site containing a residential use building or a public or private K-12 school.

2. An emergency shelter shall be located 300 feet from the closest property line of any site containing another emergency shelter.

3. The maximum number of beds or persons permitted to be served nightly by an emergency shelter shall not exceed ten.

4. The maximum length of stay by an individual in an emergency shelter shall not exceed six months in any consecutive 12-month period. A period of not less than 60 days shall elapse before an individual may return for a subsequent stay(s) at the emergency shelter at which they last stayed.

5. Notwithstanding the provisions of DMMC Chapter 30.80, off-street vehicle parking for an emergency shelter shall be provided at a ratio of: one vehicle space for every three beds in the emergency shelter, plus one vehicle parking space for each staff member on the operational shift requiring the largest number of employees or volunteers in a typical 24-hour cycle.

6. Bicycle parking shall be provided at a rate of one bicycle rack space per each three beds of the emergency shelter.

7. Each emergency shelter facility shall include an on-site interior client intake and waiting area at least 200 square feet in size. A client intake and waiting area less than 200 square feet in size may be allowed, subject to a written determination by the Director of Planning and Community Development (Director) that the size of the intake and waiting area is sufficient to accommodate the facility's demand.

8. The emergency shelter shall include indoor laundry facilities for use by the qualified occupants.

9. The emergency shelter shall include storage areas for occupants’ belongings.

10.The emergency shelter shall include an exterior, enclosed and covered refuse area.

11.Outdoor activity organized by the operator of the emergency shelter shall be allowed only during the hours of 8:00 a.m. to 10:00 p.m. daily.

12.The development of property for an emergency shelter shall be consistent with the Del Mar Community Plan; the Del Mar Municipal Code including, but not limited to, the requirement for Design Review, as applicable; and all other state and federal codes, laws and regulations related to health, safety and operations to ensure that its operations do not create a public nuisance.

The emergency shelter must serve qualified occupants or users, be 44 August 25, 2026 Item 17
Ordinance No. XXXX

operationally effective in delivering such services, and must be staffed by qualified individuals.

C. Any person or entity proposing to develop, install, establish or operate an emergency shelter shall submit an Administrative Coastal Development Permit application to the City in accordance with Section 30.75.080(E) that clearly demonstrates how the proposed emergency shelter complies with all of the provisions of this Section and all other applicable local, state and federal laws, regulations and codes.

D. The Permit application shall be submitted on a form prepared by the City and shall include the written consent of the owner of the property on which the emergency shelter is to be located.

E. The Permit application material shall include all information necessary for the Director to make a determination of compliance with the pertinent sections of this Chapter.

F. The Permit application shall be accompanied by a fee set by resolution of the City Council to offset the administrative costs incurred by the City to process the application.

G. Once the Permit application has been accepted as complete, the Director, or designee, shall take action to approve, conditionally approve or deny the application within 60 business days.

H. Upon a determination by the Director that the proposed emergency shelter will comply with all applicable regulations, the Permit shall be issued to the applicant for a specific property location, with terms and conditions attached as deemed necessary to ensure continued compliance with the submitted application and with all provisions of this Chapter.

I. The Permit shall not be transferable to any other location.

J. At the time of application, a written plan for operation of the facility shall be submitted for the review and written approval of the Director. The required plan shall include measures to address all of the following:

1. Provisions for 24-hour on-site management/security.

2. A set of facility rules, and procedures for maintaining a safe environment within and outside the emergency shelter.

3. A list of activities prohibited at the emergency shelter to include: the consumption or use of alcohol, narcotics, illegal drugs, and all smoking (including but not limited to tobacco and marijuana).

4. Standardized procedures for addressing circumstances where an occupant or user is socially disruptive or is responsible for creating any type of nuisance within the emergency shelter or where such individuals creates a public nuisance to the surrounding neighborhood, and such procedural 45 August 25, 2026 Item 17
Ordinance No. XXXX

measures include the rapid notification of law enforcement personnel, and where the operator has the ability to timely discharge the occupant or user.

5. The posting of signage regarding prohibited activities.

6. The procedures for admittance and discharge of clients, and measures aimed at minimizing the congregation of clients or loitering in the area immediately outside the emergency shelter.

7. Staff training programs to be used to provide staff with the knowledge and skills to assist clients in obtaining permanent shelter.

8. Referral services and distribution of information on other programs available to clients for obtaining permanent shelter, mental and health counseling, job placement, educational, legal, and other supportive services.

9. Provisions for qualified public and/or private transportation services to assist occupants or users.

10.The manner in which occupants and users pets will be accommodated in a safe and protective manner and controlled to avoid injury to others or damage to the surrounding neighborhood properties.

K. An approved Emergency Shelter Permit may be suspended or revoked in accordance with the procedures and standards of the DMMC.

30.24.040 - Accessory Uses.

The following uses may be established in the NC Zone:
[No change to Subsections A. through B.]
C. Adult and Child Day Care Services, Small pursuant to Chapter 30.95. [No change to Section 30.24.45]

30.24.046 - Conditionally Allowed Uses
Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the NC Zone provided all of the following requirements are met:

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC; B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
46 August 25, 2026 Item 17
Ordinance No. XXXX

C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.24.050 through 30.24.070]
SECTION TWENTY-THREE: That Sections 30.25.030, 30.25.040, and 30.25.045 in Chapter 30.25 (Professional Commercial Zone) be amended as follows:
[No change to Sections 30.25.010 through 30.25.020]

30.25.030 - Allowable Uses.

The following uses are allowable in the PC Zone:
[No change to Subsections A. through G.]
H. A low barrier navigation center pursuant to Section 30.95.050.

I. Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.25.040 - Accessory Uses.

The following accessory uses may be established in the PC Zone:
[No change to Subsections A. and B.]
C. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.25.045 - Conditionally Allowed Uses
Provided a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 have first been approved and are in full force and effect, a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the Professional Commercial Zone provided all of the following requirements are met:
47 August 25, 2026 Item 17
Ordinance No. XXXX

A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;
B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development;
C. The closest distance from any Large Facility to another Large Facility shall be no less than 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented. [No change to Sections 30.25.050 through 30.25.070]
SECTION TWENTY-FOUR: That DMMC Section 30.75.080 related to Coastal Development Permits Issuance be amended as follows:

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

1. Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.

2. Applications for Lot Line Adjustments and/or Certificates of Compliance.

3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.E that is not otherwise exempt from a Coastal Development Permit.

4. Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.

5. An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.
48 August 25, 2026 Item 17
Ordinance No. XXXX

6. An application for proposed residential development for special needs populations, including Residential Care Facilities, Small or Large; Supportive Housing Facilities, Small or Large; Transitional Housing Facilities, Small or Large; and Adult and Child Day Care Facilities, Small or Large, that are subject to a ministerial permit approval process per applicable California Government Codes.

7. An application for proposed development of an Emergency Shelter in accordance with Section 30.24.05 or Low Barrier Navigation Center in accordance with Section 30.95.050.
[No change to Subsection F.]
SECTION TWENTY-FIVE: That Section 30.86.205 (Supportive Housing and Transitional Housing) in Chapter 30.86 (Supplemental Regulations) be amended to read as follows:

30.86.205 – Supportive Housing and Transitional Housing.

Supportive Housing and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located.

SECTION TWENTY-SIX: That a new Chapter 30.95 (Housing for Special Needs Populations) be added to the DMMC to read as follows:

Chapter 30.95 HOUSING FOR SPECIAL NEEDS POPULATIONS

30.95.010 - Purpose
The purpose of this Chapter is to provide regulations and procedures for accommodation of special needs housing uses in all zones that allow residential use. The standards are intended to facilitate development of special needs housing consistent with the requirements of State law and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program, or as amended.

30.95.020 - Definitions
For purposes of Chapter 30.95, the following definitions shall apply:

A. Adult and Child Day Care Services, Small shall mean any licensed, communitybased facility or program that provides care to six (6) persons or less in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis, consistent with State law.

B. Adult and Child Day Services, Large shall mean any licensed, community-based facility or program that provides care to seven (7) persons or more, consistent with 49 August 25, 2026 Item 17
Ordinance No. XXXX

State law and shall have the same allowable uses as Adult and Child Day Care Services, Small.

C. Emergency Shelter shall have the same meaning as defined in California State law as housing with supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

D. Low Barrier Navigation Center shall have the same meaning as defined in California State law as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

E. Residential Care Facility, Small shall mean any State licensed facility, place, or structure serving six (6) or less residents that is maintained and operated to provide non-medical residential care, treatment, or foster agency services for adults, children, or adults and children as defined in California State law. This use includes licensed skilled nursing facilities and the administration of limited medical assistance (e.g., dispensing of prescribed medications).

F. Residential Care Facility, Large shall mean any State licensed facility, place, or structure serving seven (7) or more residents as defined in California State law and shall have the same allowable uses as Residential Care Facility, Small.

G. Supportive Housing (Permanent) shall have the same meaning as defined in California State law, consisting of properly permitted and licensed supportive housing consistent with California State law with no limit on length of stay, that is occupied by the residents whom require supportive care, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

H. Transitional Housing Facility shall have the same meaning as defined in California State law consisting of properly permitted and licensed supportive housing consistent with California State law with supportive services for up to 24 months that is exclusively for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing within the time prescribed or as quickly as possible, and limits rents and service fees to an ability-to-pay formula consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.

30.95.030 - Zone Applicability and Permit Process for Special Needs Housing Uses Special needs housing uses regulated by this Chapter are subject to licensing requirements by the State and local permit requirements. These use types are required to be permitted in accordance with California State law without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 50 August 25, 2026 Item 17
Ordinance No. XXXX

20 commencing with Section 3000) and the City's Local Coastal Program. The table below identifies zone applicability and permit requirements for harmonization of State law:

ZONES WHERE SPECIAL NEEDS HOUSING USES ARE PERMITTED

USE TYPE ZONES
R1-40, R1-14, R1-10,
R1-10B, R1-5, R1-5B

RM-EAST,

RM-WEST,
RM-CENTRAL, RMSOUTH
R2, RC

NC, PC, CC
Residential Care
Facility, Small
Permitted in accordance
with objective standards1
Permitted in accordance
with objective standards1
Permitted in accordance
with objective
standards1
Residential Care
Facility, Large Not permitted Conditional use2 Conditional use2 Supportive Housing
(Permanent)
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Transitional Housing
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Permitted subject to the
same regulatory
standards and review
processes same
residential zone in which
proposed3
Adult and Child Day
Care Services, Small
Permitted accessory use
in accordance with
objective standards1
Permitted accessory use
in accordance with
objective standards1
Permitted accessory
use in accordance with
objective standards1
Adult and Child Day
Care Services, Large Not permitted Conditional use2 Conditional use2 Low Barrier Navigation
Center Not permitted Not permitted
Permitted in accordance
with the objective
standards in Section

30.95.0501
Emergency Shelters Not permitted Not permitted
Permitted in NC Zone in
accordance with the
objective standards in
Section 30.24.0351
Footnotes:

1. Requires processing of an Administrative Coastal Development Permit in accordance with Chapter 30.75 if the proposed development does not qualify for a permit exemption in accordance with Section 30.75.200.

2. Uses permitted as a conditional use require review and processing of a Conditional Use Permit in accordance with Chapter 30.74 and a Coastal Development Permit in accordance with Chapter 30.75 for consideration of the context, size, location, 51 August 25, 2026 Item 17
Ordinance No. XXXX

and potential demands on public facilities for the proposed increase in use intensity to ensure consistency with the Local Coastal Program.

3. Supportive Housing (Permanent) and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located.

30.95.040 - Residential Care Facilities, Supportive Housing Facilities, and Transitional Housing Facilities Development Regulations Special Needs Housing Facilities require State licenses and shall be consistent with the development standards of residential uses of the underlying base zone and shall comply with applicable State law including the California Building Standards Code and California Health and Safety Code.

30.95.050 - Low Barrier Navigation Center Regulations
A low barrier navigation center shall meet the following objective standards:

A. The intent of a low barrier navigation center is to connect occupants to permanent housing through a services plan which identifies services staffing.

B. A low barrier navigation center must be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of the homeless.

C. The operator of a low barrier navigation center must submit an operations plan at the time of application consisting of as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; and training, counseling, and treatment programs for residents.

D. A low barrier navigation center shall have a coordinated entry system as defined by Title 24 of the Code of Federal Regulations, including any related requirements intended to coordinate program occupant intake, assessment, and referrals.

E. A low barrier navigation center shall have a system for entering information regarding occupant stays, occupant demographics, occupant income, and exit destination through the local Homeless Management Information System as defined by Title 24 of the Code of Federal Regulations.

F. A low barrier navigation center shall comply with Chapter 6.5 of Division 8 of the California Welfare and Institutions Code.

30.95.060 – Emergency Shelters
Emergency Shelters are permitted in accordance with Chapter 30.24.035.

30.95.070 - Severability
52 August 25, 2026 Item 17
Ordinance No. XXXX

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety, or where the courts have determined that certain terms or provisions are void by operation of the law, then those terms and provisions shall have no force or effect.

SECTION TWENTY-SEVEN: This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed amendments are consistent with the analysis prepared for the City’s 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR). The PEIR and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available online at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020. Based on staff’s analysis, the proposed amendments will not result in any new significant effects on the environment or increase in the severity of effects on the environment as analyzed in the Final PEIR.

SECTION TWENTY-EIGHT: This Ordinance was introduced by the City Council on August 25, 2026.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 8th day of September 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
53 August 25, 2026 Item 17
Ordinance No. XXXX

APPROVED AS TO FORM:
______________________________
Christina M. Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th day of September 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
54 August 25, 2026 Item 17
Attachment D

Special Needs Housing Amendments – Strikeout/Underline
Following is a strikeout/underline copy of the proposed amendments (ZA26- 001/LCPA26-001) to amend Chapter 30.04 (Definitions), various Residential and Commercial Zones in Chapters 30.10, 30.11, 30.12, 30.13, 30.14, 30.15, 30.16, 30.17,

30.18, 30.19, 30.20, 30.21, 30.22, 30.24, 30.25, Chapter 30.75 (CDP Issuance Process), Chapter 30.86 (Reference to Supportive Housing and Transitional Housing), and create a new Chapter 30.95 (Housing for Special Needs Populations).

Chapter 30.04 - DEFINITIONS

30.04.010 – “A” Words and Phrases Defined.
[No change to Subsections Access through Adjoining Grade] K. Adult and Child Day Care Services, Small; shall mean any licensed, communitybased facility or program that provides care to six (6) persons or less in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis, consistent with State law.

L. Adult and Child Day Care Services, Large; shall mean any licensed, communitybased facility or program that provides care to seven (7) persons or more, consistent with State law and shall have the same allowable uses as Adult and Child Day Care Services, Small.
[No change to the definitions in Subsections Agriculture through Awning] [No change to Section 30.04.020]

30.04.030 - "C" Words and Phrases Defined.
[No change to Subsections Canopy through Commission]
Q. Community Care Facility, Small means any facility, place or building, serving six or fewer persons, that is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent person, and abused or neglected children consistent with State law (CA Health and Safety Code §§ 1500 et seq.). For purposes of this Title of the DMMC, a boardinghouse or lodginghouse shall not qualify as, or be deemed to be, a Community Care Facility, Small.
55 August 25, 2026 Item 17
Attachment D

R. Community Care Facility, Large means any facility, place or building, serving seven or more persons, that is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent person, and abused or neglected children consistent with State law (CA Health and Safety Code §§ 1500 et seq.). For purposes of this Title of the DMMC, a boardinghouse or lodginghouse shall not qualify as, or be deemed to be, a Community Care Facility, Large.
[No change to the definitions in Subsections Community Plan through Curb Level]

30.04.040 - "D” Words and Phrases Defined.

A. Day Care Facility, Large Family means a facility for the care of seven to 14 children consistent with the State law (CA Health and Safety Code §§ 1596 and 1597 et seq.).

B. Day Care Facility, Small Family means a facility for the care of eight or fewer children consistent with State law (CA Health and Safety Code §§ 1596 and 1597 et seq.). [No change to the definitions in Subsections Density through Dwelling Unit]

30.04.050 - "E" Words and Phrases Defined.
[No change to Subsection Efficiency Unit]
B. Emergency Shelter shall have the same meaning as defined in California State law as housing with supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
[No change to Subsections Enforcement Officer, Zoning Enforcement Officer through Existing Grade]
[No change to Sections 30.04.060 through 30.04.110]

30.04.120 - "L" Words and Phrases Defined.
[No change to Subsections Land Area, Gross through Lot Width] Z. Low Barrier Navigation Center shall have the same meaning as defined in California State law as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case 56 August 25, 2026 Item 17
Attachment D

managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
[No change to Sections 30.04.120 through 30.04.160]

30.04.170 - "R" Words and Phrases Defined.
[No change to Subsections Reasonable Accommodations through Recreational Vehicle] C. Rest Home means a home operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids, and aged persons, but in which no persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or communicable disease are kept, and in which no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed.

C. Residential Care Facility, Small; shall mean any State licensed facility, place, or structure serving six (6) or less residents that is maintained and operated to provide non-medical residential care, treatment, or foster agency services for adults, children, or adults and children as defined in California State law. This use includes licensed skilled nursing facilities and the administration of limited medical assistance (e.g., dispensing of prescribed medications).

D. Residential Care Facility, Large; shall mean any State licensed facility, place, or structure serving seven (7) or more residents as defined in California State law and shall have the same allowable uses as Residential Care Facility, Small. [No change to the definitions in Subsections Restaurant through Roadway]

30.04.180 - "S" Words and Phrases Defined.
[No change to Subsections Screening through Studio]
S. Supportive Housing (Permanent) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. shall have the same meaning as defined in California State law, consisting of properly permitted and licensed supportive housing consistent with California State law with no limit on length of stay, that is occupied by the residents who require supportive care, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. 57 August 25, 2026 Item 17
Attachment D

30.04.190 - "T" Words and Phrases Defined.
[No change to Subsections Tandem Parking Space through Trailer Court or Trailer Park] G. Transitional Housing means buildings configured as rental housing developments, but operated under programs that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Shall mean the same as Transitional Housing Development. shall have the same meaning as defined in California State law consisting of properly permitted and licensed supportive housing consistent with California State law with supportive services for up to 24 months that is exclusively for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing within the time prescribed or as quickly as possible, and limits rents and service fees to an ability-to-pay formula consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
[No change to Subsection Trellis]
[No change to Sections 30.04.200 through 30.04.230]
Chapter 30.10 VERY LOW DENSITY RESIDENTIAL (R1-40)
[No change to Sections 30.10.010 through 30.10.020]

30.10.030 - Allowable Uses.

The allowable uses in the R1-40 Zone are:

A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. D. Two Unit Residential Development pursuant to Chapter 30.93.

30.10.040 - Accessory Uses.
58 August 25, 2026 Item 17
Attachment D

The following accessory uses may be established in the R1-40 Zone:
[No change to Subsections A. through K.]
L. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.10.050 through 30.10.090]
Chapter 30.11 MODIFIED LOW DENSITY RESIDENTIAL (R1-14)
[No change to Sections 30.11.010 through 30.11.020]

30.11.030 - Allowable Uses.

The allowable uses in the R1-14 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. D. Two Unit Residential Development pursuant to Chapter 30.93.

30.11.040 - Accessory Uses.

The following accessory uses may be established in the R1-14 Zone:
[No change to Subsections A. through H.]
I. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.11.050 through 30.11.090]
59 August 25, 2026 Item 17
Attachment D

Chapter 30.12 LOW DENSITY RESIDENTIAL (R1-10)
[No change to Sections 30.12.010 through 30.12.020]

30.12.030 - Allowable Uses.

The allowable uses in the R1-10 Zone are:

A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. D. Two Unit Residential Development pursuant to Chapter 30.93.

30.12.040 - Accessory Uses.

The following accessory uses may be established in the R1-10 Zone:
[No change to Subsections A. though H.]
I. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.12.050 through 30.12.090]
Chapter 30.13 LOW DENSITY RESIDENTIAL-BEACH (R1-10B)
[No change to Sections 30.13.010 through 30.13.020]

30.13.030 - Allowable Uses.

The allowable uses in the R1-10B Zone are:

A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
60 August 25, 2026 Item 17
Attachment D

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. 30.13.040 - Accessory Uses.

The following accessory uses may be established in the R1-10B Zone:
[No change to subsections A. through H.]
I. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.13.050 through 30.13.090]
Chapter 30.14 MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (R1-5) [No change to Sections 30.14.010 through 30.14.020]

30.14.030 - Allowable Uses.

The allowable uses in the R1-5 Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. D. Two Unit Residential Development pursuant to Chapter 30.93.

30.14.040 - Accessory Uses.

The following accessory uses may be established in the R1-5 Zone:
[No change to Subsections A. through H.]
61 August 25, 2026 Item 17
Attachment D

I. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.14.050 through 30.14.090]
Chapter 30.15 MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL-BEACH (R1-5B) [No change to Sections 30.15.010 through 30.15.020]

30.15.030 - Allowable Uses.

The allowable uses in the R1-5B Zone are:

A. A single dwelling unit on each building site.

B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.

C. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. 30.15.040 - Accessory Uses.

The following accessory uses may be established in the R1-5B Zone:
[No change to Subsections A. through H.]
I. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.
[No change to Sections 30.15.050 through 30.15.090]
Chapter 30.16 MEDIUM DENSITY MIXED RESIDENTIAL-EAST (RM-EAST) [No change to Sections 30.16.010 through 30.16.020]

30.16.030 - Allowable Uses.

The allowable uses in the RM-East Zone are:
[No change to Subsections A. through E.]
62 August 25, 2026 Item 17
Attachment D

F. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. 30.16.040 - Accessory Uses.

The following accessory uses may be established in the RM-East Zone:
[No change to Subsections A. through E.]
F. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.16.045 - Conditionally Allowed Uses.: Conditional Use Permit.

Provided a conditional use permit for any such use a Conditional Use Permit pursuant to Chapter 30.74 and Coastal Development Permit pursuant to Chapter 30.75 has have first been obtained approved and is are in full force and effect, the following uses are allowable in the RM-East Zone a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-East Zone provided all of the following requirements are met:

A. Large Family Day Care Facility; provided all of the following requirements are met:

1. A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises.

2. Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3. Parking shall be provided on-site for the operator and employee(s).

4. A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B. Large Community Care Facility provided all of the following requirements are met:
63 August 25, 2026 Item 17
Attachment D

1. A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3. C. The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 1,000 300 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.16.050 through 30.16.090]
Chapter 30.17 MEDIUM DENSITY MIXED RESIDENTIAL-WEST (RM-WEST) [No change to Sections 30.17.010 through 30.17.020]

30.17.030 - Allowable Uses.

The allowable uses in the RM-West Zone are:
[No change to Subsections A. through E.]
F. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. 30.17.040 - Accessory Uses.

The following accessory uses may be established in the RM-West Zone:
[No change to Subsections A. through E.]
64 August 25, 2026 Item 17
Attachment D

F. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.17.045. - Conditionally Allowed Uses: Conditional Use Permit.

Provided a conditional use permit for any such use a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 has have first been obtained approved and is are in full force and effect, the following uses are allowable in the RM-West Zone a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-West Zone provided all of the following requirements are met:

A. Large Family Day Care Facility; provided all of the following requirements are met:

1. A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises.

2. Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3. Parking shall be provided on-site for the operator and employee(s).

4. A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B. Large Community Care Facility provided all of the following requirements are met:

1. A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

4. C. The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
65 August 25, 2026 Item 17
Attachment D

D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.17.050 through 30.17.090]
Chapter 30.18 MEDIUM DENSITY MIXED RESIDENTIAL-CENTRAL (RM-CENTRAL) [No change to Sections 30.18.010 through 30.18.020]

30.18.030 - Allowable Uses.

The allowable uses in the RM-Central Zone are:
[No change to Subsections A. through E.]
F. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter

30.95. 30.18.040 - Accessory Uses.

The following accessory uses may be established in the RM-Central Zone:
[No change to Subsections A. through E.]
F. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.18.045 - Conditionally Allowed Uses: Conditional Use Permit.

Provided a conditional use permit for any such use a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 has have first been obtained approved and is are in full force and effect, the following uses are allowable in the RM-Central Zone a Residential Care Facility, Large; or Adult and 66 August 25, 2026 Item 17
Attachment D

Child Day Care Services, Large are allowable uses in the RM-Central Zone provided all of the following requirements are met:

A. Large Family Day Care Facility; provided all of the following requirements are met:

1. A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises.

2. Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3. Parking shall be provided on-site for the operator and employee(s).

4. A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B. Large Community Care Facility provided all of the following requirements are met:

1. A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3. C. The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
67 August 25, 2026 Item 17
Attachment D

F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.18.050 through 30.18.090]
Chapter 30.19 MEDIUM DENSITY MIXED RES.-SOUTH (RM-SOUTH) [No change to Sections 30.19.010 through 30.19.020]

30.19.030 - Allowable Uses.

The allowable uses in the RM-South Zone are:
[No change to Subsections A. through D.]
E. Licensed rest homes.

F. E. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

G. F. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing or Transitional Housing pursuant to Chapter

30.95. [No change to Section 30.19.040]

30.19.045 - Conditionally Allowed Uses: Conditional Use Permit.

Provided a conditional use permit for any such use a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 has have first been obtained approved and is are in full force and effect, the following uses are allowable in the RM-South Zone a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the RM-South Zone provided all of the following requirements are met:

A. Large Family Day Care Facility; provided all of the following requirements are met:

1. A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises.
68 August 25, 2026 Item 17
Attachment D

2. Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3. Parking shall be provided on-site for the operator and employee(s).

4. A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B. Large Community Care Facility provided all of the following requirements are met:

1. A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3. C. The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.19.050 through 30.19.090]
Chapter 30.20 HIGH DENSITY MIXED RESIDENTIAL (R2)
[No change to Sections 30.20.010 through 30.20.020]

30.20.030 - Allowable Uses.
69 August 25, 2026 Item 17
Attachment D

The allowable uses in the R2 Zone are:
[No change to Subsections A. through E.]
F. A Small Community Care Facility on each building site. A Residential Care Facility, Small; Supportive Housing; or Transitional Housing pursuant to Chapter 30.95.

30.20.040 - Accessory Uses.

The following accessory uses may be established in the R2 Zone:
[No change to Subsections A. through E.]
F. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70. Adult and Child Day Care Services, Small pursuant to Chapter 30.95.

30.20.045 - Conditionally Allowed Uses: Conditional Use Permit.

Provided a conditional use permit for any such use a Conditional Use Permit pursuant to Chapter 30.74 and a Coastal Development Permit pursuant to Chapter 30.75 has have first been obtained approved and is are in full force and effect, the following uses are allowable in the R2 Zone a Residential Care Facility, Large; or Adult and Child Day Care Services, Large are allowable uses in the R2 Zone provided all of the following requirements are met:

A. Large Family Day Care Facility; provided all of the following requirements are met:

1. A fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises.

2. Where the closest distance from any one large family day care facility to another large family day care facility shall be no less than 1,000 linear feet from the closest property lines on each site.

3. Parking shall be provided on-site for the operator and employee(s).

4. A circulation and parking plan shall be submitted for review and approval of the City of Del Mar Traffic Engineer and Planning and Community Development Director.

B. Large Community Care Facility provided all of the following requirements are met:
70 August 25, 2026 Item 17
Attachment D

1. A. Parking shall be provided on-site for the operators and employee(s) of the Facility in accordance with the provisions of the DMMC;

2. B. A Traffic Circulation and Parking Plan shall be submitted for the review and written approval of the City of Del Mar Traffic Engineer and Director of Planning and Community Development; and

3. C. The closest distance from any Large Community Care Facility to another Large Community Care Facility shall be no less than 300 1,000 linear feet, measured from the closest property lines of the sites on which such Facilities are located;
D. Facilities serving persons under the age of 18 are required to have a fenced and screened play lot not less than 600 square feet in area on the lot or adjacent to the premises;
E. All conditions of the Conditional Use Permit and Coastal Development Permit have been fully met; and
F. All mitigation measures required through the California Environmental Quality Act environmental documentation process have or will be implemented.
[No change to Sections 30.20.050 through 30.20.090]
Chapter 30.21 RESIDENTIAL-COMMERCIAL ZONE (RC)
[No change to Sections 30.21.010 through 30.21.020]

30.21.030 - Allowable Uses.

The following uses are allowable in the RC Zone:

A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.

B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.

C. A Residential Care Facility, Small, Supportive Housing, or Transitional Housing pursuant to Chapter 30.95.
71 August 25, 2026 Item 17
Attachment D