Del Mar City Council
October 20, 2026

Table of Contents
10-20-2026 Regular Meeting Agenda
Item 1 - 2026 Legislative Update
Item 2 - Minutes
Item 3 - 10-20-26 List of Demands Packet
Item 5 - Undergrounding Program Advisory Committee Appointment Item 6 - Consider Speed Limit Adjustments
Item 7 - Final San Dieguito Lagoon Levee MND
Item 8 - La Atalaya Development Agreement
Item 9 - 10th St. Developer Agreement
Item 10 - 2027 Council Meeting Schedule
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Tuesday, October 20, 2026 at 4:30 PM
Public Participation: Members of the public may participate in City Council meetings in person, remotely, or by submitting written comments (“Red Dots”). Public comments are generally limited to three minutes per speaker, at the Mayor’s discretion. Comments on items not on the agenda may be made during Public Oral
Communications. Agenda items may be taken out of order at the Mayor’s discretion. Electronic presentations must be submitted before 12:00 p.m. on the day of the meeting; presentations cannot be loaded during the meeting.

In-Person Participation: Please submit a completed speaker slip, including the agenda item number, to the City Clerk before the item is announced. Speaker slips are available near the entrance of Town Hall. When called to speak, please approach the podium and state your name for the record.

Remote Participation: Join the Zoom Webinar using the link or dial-in information below: Zoom Link:
https://tinyurl.com/zoomdelmar; Phone: (669) 900-6833;
Meeting ID: 879 0650 1544.

To indicate you wish to speak use the “Raise Hand” feature or dial *9 by phone when the agenda item is announced, or at the start of the meeting for non-agenda public comment. Upon joining the meeting, all attendees will automatically be muted with video feed disabled. When called to speak, please unmute yourself using the “Unmute” button or by pressing *6 on your phone, and state your name and affiliation (if applicable). Remote speakers are responsible for verifying their audio and video equipment is operational prior to the meeting.

Written Comments: Written Comments (“Red Dots”) for items on the agenda should be emailed to [email protected] by 12:00 p.m. on the day of the meeting. The email subject line should clearly identify the agenda item being addressed.

Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and “Red Dots” are available on the City’s website: http://www.delmar.ca.us/AgendaCenter.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Tracy Martinez
Mayor
John W. Spelich
Deputy Mayor
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Christina M. Cameron
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 20, 2026
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak in-person before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each person wishing to speak remotely before the City Council on any matter not on the agenda shall raise their hand by using the “Raise Hand” feature or dialing *9 on their phone when Public Oral Communication is announced. When the speaker’s name is called, the speaker should unmute and state, in an audible tone of voice, their name and affiliation (if applicable).

Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. PRESENTATIONS

1. Legislative Update from Townsend Public Affairs
Recommended Action: Receive the presentation from Elisa Arcidiacono Deputy Director of Townsend Public Affairs.

Reference: Clerk’s File No. 401-8
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.

Del Mar City Council Regular Meeting October 20, 2026
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

2. Approval of Minutes: October 6, 2026 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

3. Ratification of List of Demands dated October 20, 2026 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

4. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

5. Appointment to the Undergrounding Program Advisory Committee Recommended Action: The City Council Liaisons to the Undergrounding Program Advisory Committee (UPAC) recommend that the City Council appoint Steven McDowell to UPAC as a voting member to serve the balance of the vacant term starting October 20, 2026, and ending on November 30, 2027.

Reference: Clerk’s File No. 401-5

6. Second Reading and Adoption of an Ordinance Establishing Vehicular Speed Limits
Recommended Action: Staff recommends that the City Council adopt an Ordinance establishing speed limits on eight (8) selected segments within the City of Del Mar (Attachment A).

Reference: Clerk’s File No. 904-4
IX. PUBLIC HEARING

7. Adoption of Final Initial Study/Mitigated Negative Declaration for the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project Recommended Action: Staff recommends that the City Council adopt the Resolution in Attachment A, adopting the Final Initial Study/Mitigated Negative Declaration (Final IS/MND) prepared by the City’s consultant (Dudek) for the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project (San Dieguito Lagoon Shoreline Project,) with the City serving as lead agency in compliance with the California Environmental Quality Act (CEQA).

Del Mar City Council Regular Meeting October 20, 2026
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 1405-1

8. Introduction of an Ordinance Approving a Development Agreement (DA 25- 001) for a Previously Approved Tentative Tract Map known as “La Atalaya” to Hold All Related Discretionary Approvals to One Expiration Date (APNs:
299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00)
Recommended Action: Staff recommends that the City Council hold a public hearing to introduce the proposed Ordinance (Attachment A) approving DA 25- 001, and direct the City Manager to execute the Development Agreement (DA 25- 001).

Reference: Clerk’s File No. 406-1
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

9. Exclusive Negotiating Rights Agreement and Predevelopment Funding Agreement for Affordable Housing Development at the 10th Street Vacant Lot (APN 300-093-17-00) – Civic Center Complex
Recommended Action: Staff recommends the City Council: 1) Approve an Exclusive Negotiating Rights Agreement (ENRA) (Attachment A) and Predevelopment Funding Agreement (Attachment B) with Gangi Development to establish a negotiating period and timeline for completion of predevelopment plans, studies, community outreach, environmental review, and entitlements related to the development of the 10th Street vacant lot (APN 300-093-17-00) for affordable housing; and 2) Authorize the City Manager to execute the agreements.

Reference: Clerk’s File No. 406-1

10. 2027 City Council Meeting Schedule and Proposed 2027 City Facility Holiday Closures
Recommended Action: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) approving the 2027 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule; 2) Provide direction to staff regarding whether to amend the Del Mar Municipal Code (DMMC) to formally change Council meetings to Tuesdays; and 3) Authorize holiday-related closures of City Hall and the Public Works Administrative Office to the public in December 2027.

Reference: Clerk’s File No. 401-1
Del Mar City Council Regular Meeting October 20, 2026
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez)
C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Martinez/Spelich) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee (Gaasterland)
I. SANDAG Regional Planning Committee (Martinez)
J. SANDAG Shoreline Preservation Working Group
(Gaasterland/Spelich/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Civic Center Operations Guide Subcommittee (Spelich/Gaasterland) B. Del Mar Community Connections (Martinez/Spelich)
C. Del Mar Village Association (Gaasterland/Martinez)
D. Finance Committee (Spelich)
E. Housing Subcommittee (Gaasterland/Martinez)
F. Human Resources Subcommittee (Gaasterland/Martinez)
G. Legislative Subcommittee (Martinez/Spelich)
H. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) I. Parks and Recreation Committee (Martinez/Quirk)
J. Del Mar Railroad Subcommittee (Gaasterland/Martinez) K. Lagoon Committee (Spelich)
L. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
M. Shores Park Master Plan Ad-Hoc Advisory Committee (Gaasterland/Spelich) N. Sustainability Advisory Committee (Martinez/Gaasterland) O. Traffic and Parking Advisory Committee (Quirk/Spelich) P. Undergrounding Program Advisory Committee (Spelich)
Q. Other Committee-Subcommittee Reports
Del Mar City Council Regular Meeting October 20, 2026
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

November 10, 2026
La Atalaya Second Reading Ordinance for Development Agreement 2027 Advisory Committee Meeting Schedule
Renewal of License Plate Recognition Camera Program with Sheriff's Office De Novo of EP26-050
Undergrounding Program Update
XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 15th day of October, 2026 at approximately 3:00 p.m.
___________________________________________ 10/15/2026
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

LEGISLATIVE UPDATE
OCTOBER 20, 2026
1 October 20, 2026 Item 1

PRESENTATION OVERVIEW
City of Del Mar | Legislative Update Slide 2
State Legislative Update
Federal Legislative Update
2026 Ballot Initiatives
2 October 20, 2026 Item 1

STATE LEGISLATIVE UPDATE
3 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: STATE BUDGET
City of Del Mar | Legislative Update Slide 4
$0 Deficit Focus for Next
Few Fiscal Years
General Fund Spending
Proposed $1.8 B Less
than in January
Minimal Costs – No Core
Expansions of Local
Government Programs
New Ongoing Revenue
Streams for General
Fund
$35.2 B in Reserves for
Future Years
4 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: STATE BUDGET
City of Del Mar | Legislative Update Slide 5
$351.7 billion in expenditures ($251 billion General Fund) Utilizes May Revise Revenue Assumptions
$35.2 billion in total reserves
Proposes additional funding for housing/homelessness
programs ($700 million housing/$400 million homelessness) Maintains significant investments in health and human
services programs
Additional funding for Public Safety ($50 million for Prop 36 implementation)
5 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: 2026 PRIORITY AREAS
City of Del Mar | Legislative Update Slide 6
Wildfire and
Insurance
E-Bike Safety
Reform
Data Centers and
AI Regulations
Housing New Leadership
and Administration
Changes
6 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: CITY POSITIONS
City of Del Mar | Legislative Update Slide 7
AB 2253 (Boerner) requires recycled content claims to
be capped at verified amounts, third-party certified, and tracked through an approved chain of custody
SB 1031 (Blakespear) updates compostable plastic
labelling requirements so compostable plastics are
distinguishable in the solid waste stream
SB 1167 (Blakespear) amends the list of vehicles
prohibited from being advertised, sold, or labeled as
electric bicycles, adding motor-driven cycles and
mopeds to close loopholes that have allowed noncompliant vehicles to be marketed as e-bikes Del Mar Position: Support Status: Vetoed
Del Mar Position: Support Status: Died in Committee
Del Mar Position: Support Status: Signed into Law
7 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: CITY POSITIONS
City of Del Mar | Legislative Update Slide 8
AB 1383 (Wilson) makes changes to PEPRA for safety
members
AB 1751 (Quirk-Silva) requires ministerial approval for townhome development projects
Del Mar Position: Opposed Status: Vetoed
Del Mar Position: Opposed Status: Signed into Law
8 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: CITY POSITIONS
City of Del Mar | Legislative Update Slide 9
AB 2264 (Lackey) makes clear that the construction
and maintenance of affordable housing to the activities district agricultural associations (DAA) are allowed to engage in on DAA-owned property
SB 1229 (Allen) prohibits coastal permit exemptions
for disaster rebuilds by a new owner if the replacement structure would encroach on a recorded or offered
open space easement or deed restriction.

Del Mar Position: Support Status: Died in Committee
Del Mar Position: OUA Status: Inactive File
9 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: WILDFIRE
City of Del Mar | Legislative Update Slide 10
SB 492 compromise avoided local cost shifts - but died before adjournment Negotiations are expected to restart with the incoming Governor and Administration in 2027

EARLY AUGUST
Governor floats wildfire
proposal which would
limit the ability of cities to
recoup losses from
utility-caused wildfires
Assembly and Senate
unveil their own wildfire
proposals, rejecting local
cost shifts
SB 492 introduced by
Senator Becker; local
agency cost-shifting
provisions not included
Assembly refuses to
hear wildfire bill, marking
it dead for the year

LOCAL AGENCY TAKEAWAY
• The final compromise omitted earlier cost-shifting provisions opposed by local governments.
• This is likely to return next year.

MID-AUGUST
AUGUST 27TH
SEPTEMBER 1ST City of Del Mar Opposes
10 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: E-BIKES
City of Del Mar | Legislative Update Slide 11
AB 2346 (Wilson) updates e-bike requirements,
requires retailer disclosures, and authorizes local
control over speed limits
AB 1614 (Dixon) extends existing seat
requirements which require bicycle and e-bike
riders and passengers on a highway to ride upon a
permanent, regular seat, to apply to operation on a
Class I bikeway
11 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: AI & DATA CENTERS
City of Del Mar | Legislative Update Slide 12
Three bills focus state policy on water visibility, workforce notice, and electricity cost allocation
AB 2619
PAPAN

WATER TRANSPARENCY
PROJECTED + ANNUAL
Data centers would report
water use to cities, counties,
and water suppliers.

AB 2656

PETRIE-NORRIS

PUBLIC-SECTOR AI
45 DAYS’ NOTICE
Public agencies would notify
recognized employee
organizations before AI
performs bargaining-unit work.

SB 886

PADILLA

ELECTRICITY RATES

SEPARATE RATE
The CPUC would set a distinct
rate for large data centers to
prevent cost-shifting to other
ratepayers.

Status: Signed Into Law Status: Vetoed Status: Signed Into Law 12 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: PUBLIC PROCEEDINGS
City of Del Mar | Legislative Update Slide 13
SB 1187 (Durazo) repeals the agenda translation and electronicfulfillment mandates created by SB 707 AB 1821 (Pacheco) was narrowed from a broader fee/response time overhaul to convert the Public Records Act response time from calendar days to business days
SB 1159 (Cabaldon) clarifies that AI systems, autonomous agents, and robots are not a “person” or “member of the public” under the Brown Act, Public Records Act, and related open government statutes
13 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: HOUSING
City of Del Mar | Legislative Update Slide 14
AB 956 (Quirk-Silva) would require ministerial approval of up to two detached ADUs on a property zoned for single family residential use
AB 1621 (Wilson) limits most building-permit reviews to two plan-check cycles and compresses post entitlement appeal timelines
AB 1751 (Quirk-Silva) establishes the Missing Middle
Townhome Ownership Act, a streamlined ministerial approval process for qualifying townhome development
SB 1117 (Cervantes) would require the impact fee charged for ADU development to be based only on the area above
750 square feet
14 October 20, 2026 Item 1
2026 BALLOT INITIATIVES
City of Del Mar | Legislative Update Slide 15
Details
The bond would authorize $11.25b in housing investments: $10b for housing construction and homeownership programs; $1.25b for CalVet Home Loan Program • $5.1b Multifamily Housing Program
• $1.15b Supportive Housing and Homelessness Programs
• $1.1b Homeownership Programs
• $200m Local Housing Trust Fund Program
Proposition 1
Veterans and Affordable Housing Bond.
15 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 16
Details
Would impose a one-time tax of up to 5% on taxpayers and trusts with covered assets over $1 billion.
• Excludes real property
• Allocates 90% of tax revenues for healthcare; 10% for food assistance or education • LAO predicts immediate increase in revenues, followed by ongoing decrease Two competing ballot measures challenge this
Proposition 40
Billionaire Tax.
2026 BALLOT INITIATIVES
16 October 20, 2026 Item 1
STATE LEGISLATIVE UPDATE: 2026 BALLOT INITIATIVES
City of Del Mar | Legislative Update Slide 17
Details
This measure would prohibit any local government from imposing, extending, or increasing any special tax unless it is approved by a 2/3 majority of voters. • Aims to close the “Upland Loophole”
• Introduced to counter the Taxpayer Protection Act
• Does not retroactively repeal existing voter-approved taxes Proposition 43
Local taxes: limitations.
2026 BALLOT INITIATIVES
17 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 18
Details
Amends CEQA to expedite environmental review of most housing, transportation, water, health, and clean energy projects.
• Sets deadlines for public agencies to complete environmental review • Allows expedited review of project’s environmental impacts • Limits court review of project approvals by establishing deadlines for filing and resolving lawsuits
Proposition 45
Modification of CEQA.
2026 BALLOT INITIATIVES
18 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 19
STATE LEGISLATIVE UPDATE: 2027 PRIORITY AREAS
New Governor and
Administration
Tort Reform Cap and Invest
Funding Allocations
19 October 20, 2026 Item 1

FEDERAL LEGISLATIVE UPDATE

FEDERAL LEGISLATIVE UPDATE
20 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 21
FEDERAL LEGISLATIVE UPDATE: FY27 EARMARK
Public Works and
Emergency Operations
Floodplain Relocation
Project
Sponsored by
Representative Levin
The request was
included in the THUD bill
markup for $850,000
21 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 22
FEDERAL LEGISLATIVE UPDATE: CONTINUING RESOLUTION
Continuing resolution extends operations to December 11 Congress continues work on full-year appropriations
DEC 11

DEADLINE
Funding continues past
September 30

LOCAL TAKEAWAY
Near-term continuity; no
new earmark funding in
the CR; monitor final
appropriations and
federal grant rules.

GOVERNMENT

OPERATIONS
Avoids an October 1 shutdown while Congress
continues work on full-year appropriations.

APPROPRIATIONS &

EARMARKS
Moves the funding deadline past the midterm
elections. The CR contains no CPF/CDS earmark
funding.

TRANSIT / IIJA Extends IIJA program authorization and funding beyond September 30.

FEDERAL GRANTS Delays the OMB final rule on tighter executive control of grantmaking until the CR expires; agencyspecific implementation remains uncertain. 22 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 23
FEDERAL LEGISLATIVE UPDATE: LOOKING AHEAD
FY27 Appropriations Stalled in the Senate
Disagreements on Toplines and Senator Mitch McConnell's Hospitalization are Delaying Bipartisan Negotiations in the Senate
House Bills are Awaiting Floor Consideration
Congress Passed the 21st Century ROAD to Housing Act
Creates New Flexibilities in Formula/Entitlement Funding and New Grant Programs for Affordable Housing Design and Construction OMB Rule
Consolidate Administration Control Over Federal Grantmaking Gives the Administration Significant Latitude to Delay, Terminate, or Claw Back Funding
New Chair of the Federal Reserve
Ongoing uncertainty in the bond market
Inflation has remained above the Fed’s 2% target, at roughly 3.7% 23 October 20, 2026 Item 1
City of Del Mar | Legislative Update Slide 24
QUESTIONS?
California Advocacy | Federal Advocacy | Grant Writing
www.TownsendPA.com | (949) 399-9050
Christopher Townsend
President & Founder
[email protected]
Elisa Arcidiacono
Deputy Director
[email protected]
24 October 20, 2026 Item 1

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 6, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Tracy Martinez called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Tracy Martinez; Deputy Mayor John Spelich; Councilmembers Terry Gaasterland and Dan Quirk

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Christina Cameron reported that were no recusals or reportable actions for the October 6, 2026, Closed Session.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the following people spoke:
1) Glynn Bolitho
2) Diana Kutlow representing Senator Catherine Blakespear 3) Tyler Martin
Mayor Martinez closed public oral communications.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Mayor Martinez commented on the Fire Department Open House held on Saturday, October 3, 2026, the Del Mar Community Connections annual benefit celebration, and the Del Mar Rotary Club’s annual fundraiser, highlighting the valuable contributions these organizations make to the community.

CITY MANAGER’S REPORT
City Manager Ashley Jones provided updates on upcoming San Diego Gas & Electric gas line work near 15th Street and Camino del Mar, scheduled to begin in mid-October and continue for approximately 25 working days, and the temporary closure of the turf area at Seagrove Park from October 8 through October 16, 2026, for seeding and turf maintenance.
1 October 20, 2026 Item 2
City Council Regular Minutes
October 6, 2026

PRESENTATIONS
ITEM 1: PROCLAMATION CELEBRATING THE 30TH ANNIVERSARY OF THE DEL MAR

LIBRARY AND HONORING FORMER DEL MAR LIBRARIAN POLLY CIPPARRONE FOR HER SERVICE (CLERK’S FILE NO.1201-5)
Mayor Martinez presented the proclamation to former Del Mar Branch Manager/Librarian Polly Cipparrone and acting Del Mar Librarian Branch Manager Lydia Bringerud. Polly Cipparrone and Lydia Bringerud provided comments.

Mayor Martinez opened the item to public comments and the following people spoke:
1) Dwight Worden
2) Betty Wheeler
3) Pat Freeman representing the Friends of the Del Mar Library 4) Jas Grewal
Mayor Martinez closed the item to public comment.

Council discussion focused on appreciation to Polly Cipparrone for her service to the Del Mar community.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY DEPUTY MAYOR SPELICH, SECONDED BY COUNCILMEMBER QUIRK TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7. (VOTE 4-0) Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 22, 2026 REGULAR MEETING (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 6, 2026 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 5: APPROVAL OF TASK ORDER WITH DUDEK FOR ENGINEERING SERVICES FOR

THE COAST BOULEVARD STORMWATER ANALYSIS AND INFRASTRUCTURE ALTERNATIVES STUDY (CLERK’S FILE NO. 406-1)
Council approved a $48,625 Task Order with Dudek for engineering services for the Coast Boulevard Stormwater Analysis and Infrastructure Alternatives Study; approved a $6,375 contingency; and authorized the City Manager to execute the Task Order and any amendments within the contingency amount necessary to complete the work, on consent. 2 October 20, 2026 Item 2
City Council Regular Minutes
October 6, 2026

ITEM 6: APPROVAL OF BUDGET ALLOCATION FOR 28TH STREET AFFORDABLE HOUSING (APN 299-030-12-00) (CLERK’S FILE NO. 303-1)
Council amended the Fiscal Year 2026-2027 Operating and Capital Budget to allocate $100,000 from the Housing Fund to Special Projects Fund 49.8000.8023 for completion of financial feasibility studies, housing-related agreements, and related consultant work for the 28th Street affordable housing special project, on consent.

ITEM 7: FIRST AMENDMENTS TO AGREEMENTS WITH 4LEAF AND INTERWEST TO ADD SUPPLEMENTAL CODE ENFORCEMENT SERVICES (CLERK’S FILE NO. 406-1) Council approved the First Amendments to the Agreements with 4LEAF, Inc. and Interwest Consulting Group to add as-needed code enforcement services and update the fee schedules; and 2) Authorize the City Manager to execute the First Amendments, on consent.

PUBLIC HEARING
ITEM 8: Engineering and Traffic Survey for Citywide Speed Zoning Report and Introduction of the Ordinance Establishing Vehicular Speed Limits (CLERK’S FILE NO. 904-4) An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Principal Engineer Karen Falk and contract City Traffic Engineer Ryan Zellers with ZONE Traffic Engineering Consulting was available to answer questions.

Council questions focused on the speed limit on the La Amatista section of Camino del Mar and opportunities for the City to reduce speeds in this area; traffic and safety considerations at the Hotel Indigo exit on Camino del Mar; traffic safety and speeds north of Carmel Valley Road; proposed changes to speed limits on Camino del Mar; and whether the City can conduct a speed survey after restriping on Jimmy Durante Blouvard.

There were no public speakers for the item.

Council discussion focused on appreciation for staff and the Traffic and Parking Advisory Committee for their work on this item.

IT WAS MOVED BY DEPUTY MAYOR SPELICH AND SECONDED BY COUNCILMEMBER QUIRK

TO ACCEPT THE ENGINEERING AND TRAFFIC SURVEY FOR CITYWIDE SPEED ZONING AND INTRODUCE AN ORDINANCE ESTABLISHING SPEED LIMITS ON EIGHT (8) SELECTED SEGMENTS WITHIN THE CITY OF DEL MAR (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 9: CONSIDERATION OF MODIFICATIONS TO PARKING ON STRATFORD COURT AND OCEAN AVENUE (CLERK’S FILE NO. 905-3)
An introduction to the item was provided by Mayor Martinez. A presentation was provided by Principal Engineer Falk and contract Traffic Engineer Ryan Zellers. 3 October 20, 2026 Item 2
City Council Regular Minutes
October 6, 2026

Council questions focused on the California Coastal Commission (CCC) requirements and authority related to parking and beach access; potential future action to study one way traffic on segments of Stratford Court and Ocean Avenue; and potential impacts or considerations related to converting Stratford Court from a two way to one way street.

Mayor Martinez opened the item to public comment and the following people spoke:
1) John Peterson
2) Udo Wahn
3) Aleida K. Wahn
Mayor Martinez closed the item to public comment.

Council discussion focused on parking and coastal access considerations; red curb standards for driveways along Stratford Court; and whether to direct staff to further evaluate potential modifications to convert Stratford Court and Ocean Avenue, between 13th and 15th Streets, to one-way traffic.

IT WAS MOVED BY DEPUTY MAYOR SPELICH AND SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE STAFF PROPOSAL FOR STRATFORD BETWEEN 12TH AND 13TH STREET (VOTE 3-1, WITH COUNCILMEMBER QUIRK OPPOSED) Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmember Gaasterland; Noes: Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY DEPUTY MAYOR SPELICH AND SECONDED BY COUNCILMEMBER QUIRK

TO DIRECT STAFF TO STUDY THE PARKING PROPOSAL FOR OCEAN AVENUE WITH

SUFFICIENT NOTICE TO RESIDENTS TO PROVIDE INPUT INCLUDING STUDYING

CONSIDERATIONS RELATED DAYTIME AND NIGHTIME AND/OR SEASONAL OR YEAR ROUND

REGULATIONS AND STUDYING WHETHER ONE WAY TRAFFIC ON OCEAN AVENUE AND STRATFORD COURT SHOULD BE IMPLEMENTED; AND FOR STAFF TO RETURN TO THE TRAFFIC AND PARKING ADVISORY COMMITTEE FOR A RECOMMENDATION (VOTE 4-0) Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 10: CITY’S PREPARATIONS FOR THE 2026-2027 WINTER EL NINO SEASON (PART II) (CLERK’S FILE NO. 401-1)
A presentation was provided by Assistant City Manager Clem Brown. City Manager Jones, Community Services Director Jon Edelbrock and Public Works Director Joe Bride were available to answer questions.

Council questions focused on whether the City plans to remove sand from in front of homes to build up berms in front of the beach street ends; how berms are built at beach street ends; considerations related to creating berms at 23rd Street; whether the City’s approach is consistent with other coastal cities in the region; timing for San Dieguito Lagoon dredging by Southern California Edison (SCE); timing, scope and funding for US Army Corps of Engineer’s (USACE) project mitigation work; whether the City is able to quantify the amount of sand that is on the beach; whether sand from lagoon dredging will be placed on the beach in Del Mar and where; clarification on the volume of sand approved for SCE dredging based on USACE permit limitations; Public Works Department storm drain maintenance and exercising 4 October 20, 2026 Item 2
City Council Regular Minutes
October 6, 2026

activities; expedited encroachment permit process being proposed by staff; application process for CCC emergency permits for ocean front property owners; and gift of public fund considerations.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Steve Mack
2) Joe Sullivan with donations of time from Christy Hahn and Heather Lindsey 3) Alice Sullivan
Mayor Martinez closed the item to public comment.

IT WAS MOVED BY DEPUTY MAYOR SPELICH AND SECONDED BY COUNCILMEMBER

GAASTERLAND TO AUTHORIZE THE CITY MANAGER TO WAIVE THE FEE FOR THE EMERGENCY ENCROACHMENT PERMIT AS DESCRIBED IN THE AGENDA REPORT (VOTE 4-0) Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) Board of Directors.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:37 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
5 October 20, 2026 Item 2

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
OCTOBER 6, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014

CALL TO ORDER
Mayor Tracy Martinez called the meeting to order at 2:45 p.m.

ROLL CALL

Present: Mayor Tracy Martinez; Deputy Mayor John Spelich; Councilmembers Terry Gaasterland and Dan Quirk (arrived late at approximately 3:00 p.m.)

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) 6th Cycle Housing Element Implementation; and 2) Spectrum Pacific West, LLC (Charter Communications) regarding City obligations.

Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

B) Conference with Legal Counsel- Existing Litigation
Lazier v. City of Del Mar
San Diego Superior Court Case No. 25CU058363C
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

A) Conference with Legal Counsel - Existing Litigation
Description: Amicus Request- Supreme Court of The United States Petition for Certiorari - City of Huntington Beach, et al. V. Newsom, et al, No. 23-3694 (Ninth Circuit) Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:20 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
6 October 20, 2026 Item 2

Vendor Payment Checks 133,088.64 $
Voids $0.00
Electronic Fund Transfers (EFT) 14,078.72
Electronic Wires 102,607.83
Payroll Wires 130,746.55
Total $ 380,521.74
Approved by: Approved by:

Marco Camacho Tracy Martinez
Finance Director/Treasurer Mayor
Date: Date:

Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
October 20, 2026
10/12/26
1 October 20, 2026 Item 3
09/29/2026
Check List
City of Del Mar
1 11:45:49AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141771 9/30/2026 rfy01 RFYEAGER ENGINEERING 26049 6/28/2026 CP ASSESSMENT - TPB 11,170.00 11,170.00 Voucher: 141771
Sub total for GENERAL ACCOUNT US BANK: 11,170.00
Page: 1
2 October 20, 2026 Item 3
09/29/2026
Check List
City of Del Mar
2 11:45:49AM
apChkLst Final Page:
1 checks in this report. Grand Total All Checks: 11,170.00 Page: 2
3 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
1 9:25:30AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8161 10/7/2026 ace02 ACE UNIFORMS LLC VS0139934 9/2/2026 UNIFORMS FIRE 220.83 220.83 Voucher: 8161
8162 10/7/2026 cal81 CALLTOWER INC 203404679 8/25/2026 TELEPHONE SEP 250.36 250.36 Voucher: 8162
8163 10/7/2026 coa21 COAST NEWS GROUP 00162920 9/25/2026 LEGAL ADS 313.88 Voucher: 8163 00162918 9/25/2026 LEGAL ADS 143.38
00162919 9/25/2026 LEGAL ADS 143.38
00162759 9/18/2026 ORDIN ADOPT 1029 93.00 693.64
8164 10/7/2026 cor07 CORODATA RECORDS MGT INCRS7193396 8/31/2026 STORAGE SRVCS AUG 177.84 177.84 Voucher: 8164
8165 10/7/2026 del02 DEL MAR BLUE PRINT CO, INC650063 9/11/2026 EVENT SIGNS CS 125.06 125.06 Voucher: 8165
8166 10/7/2026 del31 DELL MARKETING L.P., C/O DELL USA LP 10890622576 9/3/2026 COMPUTERS FIRE 1,867.11 Voucher: 8166 10892385690 9/18/2026 LAPTOP FIRE 1,321.16 3,188.27 8167 10/7/2026 dix01 DIXIELINE LUMBER CO 06-0651982 7/31/2026 REPAIR/MTC SUPP PW 28.84 28.84 Voucher: 8167
8168 10/7/2026 duk01 DUDEK 202609085 9/17/2026 JDB PVMNT PROJ AUG 1,980.00 1,980.00 Voucher: 8168
8169 10/7/2026 kle01 KLEINFELDER 1609574 9/18/2026 CDM BRIDGE AUG 2,780.91 2,780.91 Voucher: 8169
8170 10/7/2026 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1797 8/12/2026 INVSTMNT SRVCS AUG 2,626.18 2,626.18 Voucher: 8170
8171 10/7/2026 wex01 WEX BANK 0496-00-496745-1 9/23/2026 GAS & OIL CS 1,733.86 1,733.86 Voucher: 8171
Sub total for EFT GENERAL ACCOUNT US BANK: 13,805.79
Page: 1
4 October 20, 2026 Item 3
10/07/2026
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City of Del Mar
2 9:25:30AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141772 10/7/2026 blu06 ACROSS THE STREET PRODUCTIONS 31664 7/1/2026 ONLINE FIRE TRAINING 2,165.00 2,165.00 Voucher: 141772
141773 10/7/2026 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 27830 9/5/2026 JDB BLUFF PROJ AUG 12,178.41 Voucher: 141773 27845 9/5/2026 UTILITY UG DIST X1A AUG 4,474.56 16,652.97 141774 10/7/2026 cal60 CALIFORNIA FIRE CHIEFS ASSOC 300001505 8/11/2026 FIRE MARSHAL MBRSHP 100.00 100.00 Voucher: 141774
141775 10/7/2026 can09 CANON FINANCIAL SERVICES INC 43887846 9/11/2026 CANON CH SEP 812.64 812.64 Voucher: 141775
141776 10/7/2026 cin02 CINTAS 5361857319 9/22/2026 FIRST AID KIT SUPP CH 223.35 223.35 Voucher: 141776
141777 10/7/2026 sol01 CITY OF SOLANA BEACH 09302026 9/30/2026 OFF TRACK JUL 625.56 Voucher: 141777 09302026 9/30/2026 OFF TRACK AUG 380.64 09302026 9/30/2026 OFF TRACK SEP 104.22 1,110.42
141778 10/7/2026 coa22 COAST RECREATION, INC. 17621 8/31/2026 PUBLIC FURNITURE 11,271.06 11,271.06 Voucher: 141778
141779 10/7/2026 coa10 COASTAL LIVESCAN SERVICES0749 9/5/2026 LIVESCAN SRVCS SEP 195.00 195.00 Voucher: 141779
141780 10/7/2026 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 27CTOFDMC01 8/1/2026 RCS PAGING SRVCS - JUL 70.00 Voucher: 141780 27CTOFDMC02 9/1/2026 RCS PAGING SRVCS - AUG 70.00 140.00 141781 10/7/2026 cou32 COUNTY OF SAN DIEGO, OFFICE OF EMERGENCY SERVI HIRT-2027-005 9/1/2026 HIRT MBRSHP FY27 24,348.00 Voucher: 141781 UDC-2027-004 9/1/2026 UDC MBRSHP FY27 792.17 25,140.17 141782 10/7/2026 swi04 EUGENE SWIECH 09302026 9/30/2026 PERMIT REFUND 837.97 837.97 Voucher: 141782
141783 10/7/2026 fis12 FISHER INTEGRATED INC 2409 9/1/2026 VIDEO STREAMING AUG 600.00 600.00 Voucher: 141783
141784 10/7/2026 fly01 FLYNN, MICHAEL 09302026 9/30/2026 PERMIT REFUND 771.09 771.09 Voucher: 141784
141785 10/7/2026 gar25 GARLAND, ANN 09302026 9/30/2026 PERMIT REFUND 2,211.82 2,211.82 Voucher: 141785
141786 10/7/2026 gov04 GOVCONNECTION, INC. 77984906 9/9/2026 SCALE COMPUTING SERVERS/STORAGE 1,997.31 1,997.31 Voucher: 141786
141787 10/7/2026 mis13 MISSION COAST PLUMBING INC3652 9/10/2026 PLUMBING SRVCS CS 195.00 195.00 Voucher: 141787
141788 10/7/2026 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 92574482 9/21/2026 EMPLOYEE TESTING SEP 130.00 130.00 Voucher: 141788
Page: 2
5 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
3 9:25:30AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141789 10/7/2026 par35 PARADIGM MECHANICAL CORP, SAN DIEGO REFRIGERATION 117042 9/8/2026 HVAC REPAIRS CH 5,481.88 5,481.88 Voucher: 141789
141790 10/7/2026 por10 PORTABLE STORAGE CORP 175207 9/21/2026 STORAGE CS OCT 176.00 176.00 Voucher: 141790
141791 10/7/2026 roa01 ROADONE TOWING 918950 7/17/2026 TOWING SRVCS FIRE 160.00 160.00 Voucher: 141791
141792 10/7/2026 san112 SAN DIEGO HUMANE SOCIETY, & SPCA OCT-26 10/1/2026 ANIMAL SRVCS OCT 4,555.00 4,555.00 Voucher: 141792
141793 10/7/2026 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 09302026 9/30/2026 OFF TRACK JUL 312.78 Voucher: 141793 09302026 9/30/2026 OFF TRACK AUG 190.32 09302026 9/30/2026 OFF TRACK SEP 52.11 555.21
141794 10/7/2026 soc05 SOCAL PPE LLC SC35663 9/15/2026 UNIFORMS FIRE 214.66 214.66 Voucher: 141794
141795 10/7/2026 ste08 STEPHEN DALTON ARCHITECTS INC. 2520-01-07 8/3/2026 DM HOUSING STUDIES 15,375.00 Voucher: 141795 2520-01-08 8/18/2026 DM HOUSING STUDIES 6,720.00 2520-01-06 8/3/2026 DM HOUSING STUDIES 346.70 22,441.70 141796 10/7/2026 vec01 VECTOR RESOURCES INC 107972 9/16/2026 SERVER RPLCMNT 16,690.60 16,690.60 Voucher: 141796
141797 10/7/2026 ver03 VERIZON WIRELESS 570653198-00008 9/18/2026 TELEPHONE SEP 355.79 355.79 Voucher: 141797
141798 10/7/2026 wat16 WATCHTOWER SOLUTIONS, INC 26- DML - 001 9/29/2026 DISPATCHING SFTWR LFGDS 6,500.00 6,500.00 Voucher: 141798
Sub total for GENERAL ACCOUNT US BANK: 121,684.64
Page: 3
6 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
4 9:25:30AM
apChkLst Final Page:
38 checks in this report. Grand Total All Checks: 135,490.43 Page: 4
Reviewed by
Lilia Gavrilenko
10-7-26
7 October 20, 2026 Item 3
8 October 20, 2026 Item 3
9 October 20, 2026 Item 3
10 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
1 5:17:16PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4281 10/2/2026 irs01 IRS, UNITED STATES TREASURY Ben186798 10/2/2026 FEDERAL TAX: PAYMENT 49,096.65 49,096.65 Voucher: 4281
4282 10/2/2026 per01 PERS Ben186800 10/2/2026 PERS CONTRIBUTIONS: PAYMENT 62,536.76 62,536.76 Voucher: 4282
4283 10/2/2026 per02 PERS 457 Ben186802 10/2/2026 CALPERS 457 DEFERRED COMP: PAYMENT 4,254.74 4,254.74 Voucher: 4283
4284 10/2/2026 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben186804 10/2/2026 STATE TAX: PAYMENT 14,623.02 14,623.02 Voucher: 4284
4285 10/2/2026 riv01 CALIFORNIA STATE DISBURSEMENT, RIVERSIDE COUNTY DCSS Ben186806 10/2/2026 RIVERSIDE CNTY CHILD SUPPORT: PAYMENT 235.38 235.38 Voucher: 4285
Sub total for GENERAL ACCOUNT US BANK: 130,746.55
Page: 1
11 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
2 5:17:16PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8174 10/8/2026 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben186794 10/2/2026 401A PLAN: PAYMENT 571.81 571.81 Voucher: 8174
8175 10/8/2026 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben186786 10/2/2026 MISSION SQUARE 457B: PAYMENT 9,384.09 9,384.09 Voucher: 8175
8176 10/8/2026 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben186796 10/2/2026 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 774.98 774.98 Voucher: 8176
8177 10/8/2026 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben186788 10/2/2026 DMCEA DUES: PAYMENT 273.00 273.00 Voucher: 8177
8178 10/8/2026 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben186792 10/2/2026 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 2,649.89 2,649.89 Voucher: 8178
8179 10/8/2026 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben186790 10/2/2026 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 3,013.35 3,013.35 Voucher: 8179
Sub total for EFT GENERAL ACCOUNT US BANK: 16,667.12
Page: 2
12 October 20, 2026 Item 3
10/07/2026
Check List
City of Del Mar
3 5:17:16PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 147,413.67 Page: 3
13 October 20, 2026 Item 3
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Councilmembers
FROM: Mayor Tracy Martinez and Deputy Mayor John Spelich Undergrounding Program Advisory Committee Council Liaisons Prepared by Denise Galvan, Management Analyst
DATE: October 20, 2026
SUBJECT: Appointment to the Undergrounding Program Advisory Committee REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Undergrounding Program Advisory Committee (UPAC) recommend that the City Council appoint Steven McDowell to UPAC as a voting member to serve the balance of the vacant term starting October 20, 2026, and ending on November 30, 2027.

BACKGROUND:

UPAC works with the Utility Undergrounding Program (UUP) staff team to move the City’s UUP forward in a timely manner, track progress on the goals and tasks, and evaluate ongoing project success and lessons learned, and recommend adjustments as necessary. UPAC consists of seven Del Mar residents serving three-year terms. For continuity, members may serve up to three consecutive three-year terms.

DISCUSSION/ANALYSIS:

There is currently one vacancy on UPAC due to the resignation of John Imperato on September 9, 2026. Under City Council Policy 200, Section E(5), individuals appointed to fill an unexpired vacancy shall finish the remainder of the vacant term to keep terms staggered.

City staff advertised the vacancy, and one Citizen Interest Form was received from Steven McDowell (Attachment A) during the recruitment period. The Council Liaisons reviewed the application and recommend his appointment.

Under Council Policy 200, Section E(1), the number of concurrent appointments that any one individual may have is two committees at a time. Steven McDowell also currently serves on the Finance Committee.

If the recommended appointment is approved, UPAC will have no remaining vacancies. A copy of the current roster is included as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current Undergrounding Program Advisory Committee Roster 1 October 20, 2026 Item 5
2 October 20, 2026 Item 5
3 October 20, 2026 Item 5
4 October 20, 2026 Item 5
5 October 20, 2026 Item 5
6 October 20, 2026 Item 5
City of Del Mar
Undergrounding Program Advisory Committee
Appointing Authority City Council
Position Voting Member
Michael Maronde
1st Term Jul 07, 2026 - Jun 30, 2027
Appointing Authority City Council
Position Voting Member
Adam Wallace
1st Term Nov 18, 2024 - Nov 30, 2027
Appointing Authority City Council
Position Voting Member
Wade H Walker
2nd Term Mar 02, 2025 - Mar 31, 2028
Appointing Authority City Council
Position Vice Chair
Amy A Cheshire
2nd Term Mar 02, 2025 - Mar 31, 2028
Appointing Authority City Council
Position Chair
Shirli Weiss
2nd Term Mar 03, 2026 - Mar 31, 2029
Appointing Authority City Council
Position Secretary
Tom McGreal
2nd Term Mar 03, 2026 - Mar 31, 2029
Vacancy
Board Roster
Undergrounding Program Advisory Committee Page 1 of 1
7 October 20, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 20, 2026
SUBJECT: Second Reading and Adoption of an Ordinance Establishing Vehicular Speed Limits
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance establishing speed limits on eight (8) selected segments within the City of Del Mar (Attachment A).

BACKGROUND:

To satisfy the requirements of Sections 40802(b) and 40802(c) of the California Vehicle Code (CVC), engineering and traffic surveys must be updated routinely so that Sheriff’s deputies can use radar for speed enforcement. A report documenting findings is kept on file at the City. These surveys document that posted speed limits are justified and enforceable.

Speed surveys are conducted to determine the 85th percentile speed, which is the speed at or below which 85% of traffic is moving. The survey identifies the speed that the majority of safe and reasonable drivers are traveling and is the basis for the posted speed limit. The CVC and the California Manual on Uniform Traffic Control Devices (CA MUTCD) state that posted speed limits shall be set at the nearest 5 mph increment of the 85th percentile speed. The City may choose to lower the rounded amount by 5 mph through engineering judgment. Where patterns of serious injuries or fatalities exist, an additional 5 mph reduction may be applied.

The City’s Traffic and Parking Advisory Committee (TPAC) recommended at its December 2, 2025, meeting that speed surveys be completed on all sixteen (16) segments to evaluate whether speed limits remained accurate or could be reduced based on current data.

DISCUSSION/ANALYSIS:

On October 6, 2026, the City Council conducted a public hearing and introduced an Ordinance establishing vehicular speed limit reductions as identified in Table 1. Reductions on the identified segments of Camino del Mar, Jimmy Durante Boulevard, and Via de la Valle are based on the 85th percentile speed and roadway characteristics.
1 October 20, 2026 Item 6
City Council Agenda Report
Ordinance to Adjust Vehicular Speed Limits
October 20, 2026

Table 1 – Speed Limit Adjustment Recommendations
No. Roadway From/To Posted Speed Limit (mph)
Existing Proposed
1 Camino Del Mar Via De La Valle to
Dog Beach Crosswalk 40 30
2 Camino Del Mar Dog Beach Crosswalk to
San Dieguito Bridge 40 30
4 Camino Del Mar Coast Blvd to
Jimmy Durante Blvd 35 30
5 Camino Del Mar Jimmy Durante Blvd to
Del Mar Plaza 35 30
12 Jimmy Durante Blvd
Via De La Valle to
Fairgrounds Gate 2
(Rideshare Gate)
45 40
13 Jimmy Durante Blvd
Fairgrounds Gate 2
(Rideshare Gate) to
San Dieguito Dr
45 30
14 Jimmy Durante Blvd San Dieguito Dr to
Camino Del Mar 35 30
16 Via De La Valle Camino Del Mar to
Jimmy Durante Blvd 40 35
If the City Council adopts the Ordinance at its October 20, 2026, meeting, the Ordinance will become effective 30 days after adoption, on November 19, 2026. Speed limit signs will be replaced to reflect these changes.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. The Fiscal Year 2026-2027 Operating and Capital Budget contains sufficient funding for the minimal costs to purchase and install the new speed limit signs required by these changes.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. Specifically, the Ordinance is not subject to CEQA in accordance with CEQA Guidelines Section 15060(c)(2). Additionally, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” (CEQA Guidelines Section 15378(b)(5)). The Ordinance constitutes an organizational or administrative activity that will not result in a physical change to the environment and therefore is not subject to CEQA.

ATTACHMENTS:

Attachment A – Ordinance Establishing Vehicular Speed Limits 2 October 20, 2026 Item 6
ORDINANCE No. 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING VEHICULAR SPEED

LIMITS ON PORTIONS OF CAMINO DEL MAR, JIMMY DURANTE

BOULEVARD, AND VIA DE LA VALLE
WHEREAS, ZONE Traffic Engineering Consulting has completed an engineering and traffic survey for speed zoning as defined in California Vehicle Code Section 627; and
WHEREAS, City staff and ZONE Traffic Engineering Consulting presented recommendations to the City’s Traffic and Parking Advisory Committee (TPAC) on September 14, 2026, and City Council on October 6, 2026; and WHEREAS, Del Mar Municipal Code Section 14.08.020 provides that the City Council may establish speed limits by ordinance; and
WHEREAS, the City Council of the City of Del Mar has reviewed the consultant’s recommendations, taking into consideration public health and safety issues; and WHEREAS, it is in the public interest to establish speed limits that are reasonable and safe.

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

SECTION ONE:

The foregoing recitals are true and correct.

SECTION TWO:

The speed limits in the City of Del Mar are established as indicated below:

STREET NAME FROM: TO: LIMIT
Camino del Mar Via de la Valle Dog Beach Crosswalk 30
Camino del Mar Dog Beach Crosswalk San Dieguito Bridge 30 Camino del Mar Coast Boulevard Jimmy Durante Blvd 30
Camino del Mar Jimmy Durante Blvd Del Mar Plaza 30
Jimmy Durante Blvd Via de la Valle Fairgrounds Gate 2 40 Jimmy Durante Blvd Fairgrounds Gate 2 San Dieguito Drive 30 Jimmy Durante Blvd San Dieguito Drive Camino del Mar 30 Via de la Valle Camino del Mar Jimmy Durante Blvd 35
SECTION THREE:

This Ordinance was introduced at a regular meeting of the City Council of the City of Del Mar held on the 6th day of October, 2026.

ATTACHMENT A 3 October 20, 2026 Item 6
Ordinance No. 2026-XX

SECTION FOUR:

The City Manager is hereby directed to cause all speed limits to be posted in accordance with this Ordinance.

SECTION FIVE:

The City Clerk is directed to certify the engineering and traffic survey and file it with the Sheriff’s Department and San Diego County Superior Court.

SECTION SIX:

This is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of a significant effect on the environment.

SECTION SEVEN:

If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

SECTION EIGHT:

This Ordinance shall be effective thirty (30) days following its adoption. Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this Ordinance and cause the same to be published, or the title thereof as a summary, in accordance with the provisions of State law, in a newspaper of general circulation designated for legal notices publication in the City of Del Mar.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 20th day of October, 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
4 October 20, 2026 Item 6
Ordinance No. 2026-XX

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 20th day of October, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 October 20, 2026 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 20, 2026
SUBJECT: Adoption of Final Initial Study/Mitigated Negative Declaration for the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution in Attachment A, adopting the Final Initial Study/Mitigated Negative Declaration (Final IS/MND) prepared by the City’s consultant (Dudek) for the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project (San Dieguito Lagoon Shoreline Project,) with the City serving as lead agency in compliance with the California Environmental Quality Act (CEQA).

BACKGROUND:

The San Dieguito Lagoon Shoreline Project (Project), including and implementation of grant funding, is a capital improvement/special project included on the City Council Work Plan for Fiscal Years 2025-2026 and 2026-2027. A Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) was prepared to analyze impacts from potential future improvements studied for three distinct subareas in the floodway and floodplain along the shoreline of the San Dieguito Lagoon that include:
1) The North Bank 100-foot-wide easement in the floodway on California 22nd District Agricultural Association (District) property;
2) The Southeast Bank City-owned property developed with the City’s Public Works facility and a segment of the existing Del Mar Riverpath trail between Jimmy Durante Boulevard and the railroad bridge; and
3) The Southwest Bank west of the railroad bridge that includes a North County Transit District (NCTD) access easement and segment of the Riverpath trail.

Public comment letters on the Draft IS/MND were received from Caltrans, State Lands Commission, San Diego Association of Governments (SANDAG), California Public Utilities Commission, San Dieguito River Park JPA, District Board, Del Mar Thoroughbred Club, Del 1 October 20, 2026 Item 7
City Council Agenda Report
Final MND San Dieguito Lagoon Levee/Trail
October 20, 2026

Mar Beach Preservation Coalition, Surfrider Foundation, Pauma Band of Luiseño Indians, and Del Mar resident Amy Cheshire. On August 25, 2026, the City’s responses to comments were provided to each commenter as published in Appendix F of the Final IS/MND. No additional public comments have been received.

In consideration of the comments received, staff recommended the City pursue permitting and construction of a narrower project scope focused on improving flood adaptation conditions for the Public Works facility and existing public trail on the Southeast Bank. This is because the North Bank is located in the floodway on District property, which will require District Board approval for any future project to proceed. The small portion of the Southwest Bank analyzed is in a location that requires coordination of improvements with SANDAG and NCTD and has an associated scope of work that would be more cost-efficient if addressed as part of a more comprehensive adaptation plan for the Southwest Bank that includes the contiguous riverbank area further west. Analysis to support a future expanded Southwest Bank project is being pursued through the Dudek task order authorized by City Council on August 25, 2026 (linked below).

Because the Final IS/MND project description reflects all three shoreline segments analyzed, it preserves the opportunity for future adaptation efforts to be pursued in reliance on the Final IS/MND. This will support future efforts by the City or other stakeholders (e.g., JPA, District, SANDAG, NCTD, Caltrans, nonprofits) when there is interest in pursuing adaptation projects on District property and west of the railroad bridge on the south side of the lagoon.

The following completed actions informed preparation of the Final IS/MND:
• On June 3, 2024, a 10% conceptual project design for a levee, habitat enhancement, and trail project was presented to the City Council after preparation using consultant assistance and 2023 federal Community Project Funding ($70,000). This initial concept was used to acquire the State Parks grant funding. • To ensure efficient use of State grant funds, the City continues to coordinate with the San Dieguito River Park Joint Powers Authority (JPA) concerning future improvements along San Dieguito Lagoon. A $1.3 million State Parks grant was issued to the JPA for environmental review, permitting, and construction of trail improvements on the North Bank (July 1, 2023 to June 30, 2027); and the City was issued a separate $500,000 State Parks grant (October 28, 2024 to February 1, 2028, including a oneyear extension granted in 2026) for 30% engineering design, environmental review, and preparation and submittal of permit applications to the Coastal Commission and resource agencies.
• On January 6, 2025, the City Council approved Task Orders with Dudek to complete environmental and engineering work including technical and feasibility studies to assess potential environmental impacts, flood risk, sea level rise adaptation, public access, and relocation of structures outside the floodway. The agenda report is 2 October 20, 2026 Item 7
City Council Agenda Report
Final MND San Dieguito Lagoon Levee/Trail
October 20, 2026

available on the City’s website at the following link:
https://www.delmar.ca.us/agendacenter#docaccesseee0905472add917a171b1b8397ab3fa7bdf948c9d4df4477cdbf85da659e218 • On March 17, 2026, the City Council received an informational report summarizing the findings of the Draft IS/MND prepared by Dudek. The public review and comment period began March 18, 2026.
• On April 14, 2026, City staff provided an informational presentation to the 22nd District Agricultural Association Board of Directors regarding the Draft IS/MND and associated flood adaptation benefits to the District. On May 8, 2026, the District submitted a comment letter expressing concerns about project components on District property.

The Final IS/MND states that any improvements on District property would require approval by the District.
• The City conducted tribal notification and consultation to meet State law and documented this process in the Final IS/MND. No requests for consultation were received. Letters were mailed to Native American tribes offering consultation and providing notice of availability of the environmental document for public review. The City received and responded to a letter on the Draft IS/MND from the Pauma Band of Luiseño Indians and will continue to coordinate with these interested tribes. • On August 25, 2026, the City Council authorized a Task Order with Dudek and a project budget including City funds and a $1,031,000 grant secured through the National Oceanic and Atmospheric Administration (NOAA) in a Fiscal Year 2026-2027 federal earmark request made through Congressman Mike Levin. The agenda report is available on the City’s website at the following link:
https://www.delmar.ca.us/AgendaCenter#docaccessf073715ae0a852536fb3fc177f5f1c4d • On September 15, 2026, the Planning Commission held a noticed public hearing and unanimously adopted a Resolution that includes the environmental determination and a recommendation to the City Council to adopt the Final IS/MND for the Project. • On October 9, 2026, public notice of the City Council hearing was mailed to interested persons, posted to the City website, and published in Coast News in compliance with State law.

DISCUSSION/ANALYSIS:

The project analyzed in the Final IS/MND includes flood adaptation, habitat enhancement, and public trail improvements that seek to minimize the effects of river flooding along the San Dieguito River. The project analyzed extends along both sides of the San Dieguito Lagoon 3 October 20, 2026 Item 7
City Council Agenda Report
Final MND San Dieguito Lagoon Levee/Trail
October 20, 2026

between the San Dieguito Railroad Trestle (North County Transit District bridge) and the Jimmy Durante Boulevard bridge and generally includes:
• Flood protection improvements that achieve FEMA’s “no-rise” standard, including living levee vegetated berms and shoreline treatments with some riprap replacement; • Native vegetation restoration and ecological enhancements that provide space for habitat transition in response to changing climatic conditions; and • Improved public trail access and recreational amenities along both sides of the river.

The IS/MND analyzed three locations in the floodway and floodplain as described below:

North Bank: The environmental document analyzed improvements within a 100-foot-wide easement in the floodway imposed by the California Coastal Commission on District property.

The proposed improvements include a levee berm approximately 50 feet wide and 1,500 feet long that slopes up and away from the river and is intended to provide flood protection, ecological enhancements, and public access. On top of the berm would be a new 15-footwide pedestrian trail connection between the District and the existing Coast to Crest Trail east of Jimmy Durante Boulevard. The District’s property is highly susceptible to flooding due to its low elevation. The improvements would provide flood protection that would achieve FEMA’s “no-rise” standard and meet the intent of the 100-foot easement in the floodway. This segment of the project will not be processed without further coordination and approval from the 22nd DAA.

Southeast Bank: The environmental document analyzed improvements on City-owned property that is approximately 1,030 feet in length and developed with the City’s Public Works facility. The area also includes a segment of the existing Riverpath trail between Jimmy Durante Boulevard and the railroad bridge. A portion of the existing public trail would be elevated in place to a width of 10 feet on top of a new 40-foot-wide berm and connecting floodwall. These trail improvements were designed to align with future trail undercrossing improvements associated with SANDAG/NCTD rail projects underway.

The Southeast Bank improvements as a whole will provide continuous flood protection and remove Public Works structures from the floodway. Replacement structures (i.e., prefabricated, mobile structures) would be located within City property in the developable area beyond the limits of the floodway in compliance with FEMA standards. The replacement structures would range in height from approximately 13 to 26 feet. Other City facility improvements include new asphalt pavement, parking lot striping, and sewer and water utility upgrades, including a new water main. These improvements will result in approximately 14,000 square feet of new or replaced impervious surface and will include stormwater control.

This segment of the project is consistent with the City’s priorities for flood adaptation identified in the City of Del Mar Adaptation Plan (2018) and Safety Element (2026) and would achieve FEMA’s “no-rise” standard.
4 October 20, 2026 Item 7
City Council Agenda Report
Final MND San Dieguito Lagoon Levee/Trail
October 20, 2026

Southwest Bank: The environmental document analyzed improvements in an area with a variety of constraints, including a NCTD easement for access to conduct railroad trestle maintenance. This narrow improvement area includes a westerly segment of the existing Riverpath trail west of the railroad bridge and adjacent to the Beach Colony Apartments. The analysis assumes existing pedestrian and vehicular access would be maintained. A combination of potential improvements was evaluated, including: 1) a floodwall adjacent to the Beach Colony Apartments parking lot; 2) a connecting berm and wall; 3) a passive tide gate to prevent the backup of floodwater behind the floodwall; and 4) replacement of a small concrete and non-native vegetation area with upland transitional habitat vegetation. This segment of the project will be addressed in a future phase after evaluating a more comprehensive flood strategy between the railroad bridge and Camino del Mar.

Final IS/MND Conclusions and Mitigation Measures
The Project is in an environmentally sensitive location associated with the San Dieguito River/Lagoon. No known historic structure, cultural resources, or tribal cultural resources would be affected. The project is expected to improve wetland function and restore habitat, and was designed to avoid and minimize impacts to sensitive biological resources and wetlands, including special-status plant species and special-status wildlife species that are considered Environmentally Sensitive Habitat Area (ESHA), which is protected by the City’s certified Local Coastal Program.

The Final IS/MND concludes that the Mitigation, Monitoring, and Reporting Plan (MMRP) would reduce potential impacts to a level that is less than significant. Mitigation measures are identified to address biological resources, cultural resources, tribal cultural resources, and noise. These measures generally include pre-construction surveys, participation by qualified archaeologists and Kumeyaay Native American monitors, on-site habitat restoration, and noise management and control measures to reduce construction noise impacts and avoid excessive ground vibration during construction activities and to notify nearby residents.

All remaining environmental factors analyzed were determined to be less than significant (or found to have no environmental impact). The Final IS/MND considered the potential for significant impacts to Aesthetics, Agriculture and Forestry Resources; Air Quality; Energy; Geology and Soils; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; Recreation; Transportation; Utilities and Service Systems; Wildfire; and the potential for Cumulative Impacts.

The Final IS/MND identifies the potential for construction overlap with other projects in the vicinity (i.e., Camino del Mar Bridge Replacement and the San Dieguito Doubletrack projects).

These projects included mitigation measures and compliance requirements similar to the proposed project, and these compliance requirements ensure that there will be no significant cumulative impact.
5 October 20, 2026 Item 7
City Council Agenda Report
Final MND San Dieguito Lagoon Levee/Trail
October 20, 2026

Next Steps
Following City Council adoption of the Final IS/MND, the City will finalize engineering and design work, prepare permit applications, and continue coordination with the California Coastal Commission, California State Lands Commission, California Department of Fish and Wildlife, Regional Water Quality Control Board, and U.S. Army Corps of Engineers to obtain the required resource agency approvals for a capital improvement project consistent with City Council direction. Staff will also work with our lobbyist and state and federal legislators to identify project funding opportunities. The anticipated construction duration for the Southeast Bank is approximately 11 months.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The City prepared a Final IS/MND to assess and disclose potential impacts on the environment pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.). The City is the lead agency for the project and as such is responsible for environmental review, consultation, and other actions required per state law as reflected in the Final IS/MND. The San Dieguito River Park JPA, District, U.S.

Army Corps of Engineers (USACE), Regional Water Quality Control Board, California Department of Fish and Wildlife, California State Lands Commission, and California Coastal Commission are each identified as a Responsible Agency per CEQA Guidelines Section 15381. The City anticipates federal environmental review in accordance with the National Environmental Policy Act (NEPA) will occur concurrently with the project-level USACE permit review process as is typical.

HOUSING IMPACT:

There is no impact to housing for this agenda item.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the project is a Tier 2 City Council priority Work Plan item for Fiscal Years 2025-2026 and 2026-2027.

ATTACHMENTS:

Attachment A – Proposed Resolution for Adoption of Final IS/MND 6 October 20, 2026 Item 7
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING THE FINAL INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION FOR THE SAN

DIEGUITO LAGOON SHORELINE PROJECT
WHEREAS, the San Dieguito Lagoon Shoreline Project and implementation of related grant funding is a capital improvement/special project included on the City Council work plan for Fiscal Years 2025-2026 and 2026-2027; and WHEREAS, a draft environmental document was prepared to analyze potential impacts from potential future improvements studied for three distinct subareas in floodway and floodplain areas along the shoreline of the San Dieguito Lagoon that include: 1) the North Bank 100-foot-wide easement in the floodway on California 22nd District Agricultural Association (District/Fairgrounds) property; 2) the Southeast Bank Cityowned property developed with the City’s Public Works facility and a segment of the existing Del Mar Riverpath trail between Jimmy Durante Boulevard and the railroad bridge; and 3) the Southwest Bank west of the railroad bridge that includes a North County Transit District (NCTD) access easement and segment of the Riverpath trail; and WHEREAS, on June 3, 2024, a 10% preliminary conceptual project design for a levee, habitat enhancement, and trail project was presented to the City Council after preparation utilizing consultant help and 2023 federal Community Project Funding ($70,000); and
WHEREAS, to ensure efficient use of State grant funds, the City continues to coordinate with the San Dieguito River Park Joint Powers Authority (JPA) concerning future improvements along San Dieguito Lagoon regarding a $1.3 million State Parks grant that was issued to the JPA for completion of environmental, permitting, and construction of trail improvements on the North Bank (July 1, 2023 to June 30, 2027); and a separate $500,000 State Parks grant issued to the City (October 28, 2024 to February 1, 2028 including a one-year extension granted in 2026) for completion of 30% engineering design, environmental review, and the preparation and submittal of permit applications to the Coastal Commission and resource agencies; and WHEREAS, on January 6, 2025, the City approved Task Orders with Dudek to complete environmental and engineering task work that included various technical and feasibility studies to assess potential environmental impacts, flood risk, sea level rise adaptation, public access, and relocation of structures to areas outside of the floodway; and
WHEREAS, City consultant Dudek prepared a Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) in accordance with requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the MND analyzed potential improvements for three distinct subareas in floodway and floodplain areas along the shoreline of the San Dieguito Lagoon including 1) the North Bank 100-foot-wide easement in the floodway on District property; 2) the Southeast Bank City-owned property developed with the City’s Public Works facility 7 October 20, 2026 Item 7
Resolution No. 2026-XX

and a segment of the existing Del Mar Riverpath trail between Jimmy Durante Boulevard and the railroad bridge; and 3) the Southwest Bank west of the railroad bridge that includes a North County Transit District (NCTD) access easement and segment of the Riverpath trail; and
WHEREAS, on March 17, 2026, the City Council received an informational report summarizing the findings of the Draft MND prior to the start of the public review and comment on March 18, 2026; and
WHEREAS, on April 14, 2026, City staff provided an informational presentation to the District Board regarding the Draft MND and associated flood adaptation benefits to the District and on May 8, 2026, the District submitted a comment letter expressing concerns about project components on District property (Northwest Riverbank); and WHEREAS, the Final IS/MND made it clear that any undertaking of improvements on District property would require approval by the District; and WHEREAS, in consideration of public comments submitted on the MND, the City intends to pursue permitting and construction of a narrower project scope focused on improvement of flood adaptation conditions for the City’s Public Works facility and public trail on the Southeast Bank; and
WHEREAS, because the Final MND project description still reflects all three shoreline segment improvements, the MND analysis preserves the opportunity for future adaptation efforts to be pursued, which may support future efforts by the City or other stakeholders (i.e., JPA, District, SANDAG, NCTD, Caltrans, non-profit organizations, or other); and
WHEREAS, the City conducted tribal notification and consultation consistent with State law; and
WHEREAS, City consultant Dudek prepared a Final Initial Study/Mitigated Negative Declaration (Final IS/MND) in accordance with requirements of CEQA; and WHEREAS, the Final IS/MND “Appendix G” includes the Mitigation, Monitoring, and Reporting Plan (MMRP); and
WHEREAS, public comment letters on the Draft MND were submitted by Caltrans, State Lands Commission, San Diego Association of Governments (SANDAG), California Public Utilities Commission, San Dieguito River Park JPA, District Board, Del Mar Thoroughbred Club, Del Mar Beach Preservation Coalition, Surfrider Foundation, Pauma Band of Luiseno Indians, and Del Mar resident, Amy Cheshire; and WHEREAS, on August 25, 2026, the City responded to each substantive comment as published in Final IS/MND “Appendix F”; and
8 October 20, 2026 Item 7
Resolution No. 2026-XX

WHEREAS, a Notice of the Planning Commission recommendation hearing was mailed to interested parties on August 31, 2026, posted to the City website on September 3, 2026, and published in Coast News on September 4, 2026; and WHEREAS, the staff report for the Planning Commission recommendation hearing was posted on the City’s website on September 10, 2026; and WHEREAS, on September 15, 2026, the Planning Commission of the City of Del Mar held a duly noticed public hearing and adopted a Resolution that includes the environmental determination and a recommendation that the City Council adopt the Final MND; and
WHEREAS, a Notice of the City Council public hearing was mailed to interested persons, posted to the City website, and published in Coast News on October 9, 2026; and
WHEREAS, the City conducted a duly noticed public hearing of the City Council to review and consider adoption of the Final MND for the San Dieguito Lagoon Shoreline project.

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

Evidence was submitted and considered to include without limitation:
a. Oral and written testimony from Staff and the public. b. Staff report, dated October 20, 2026, and Final IS/MND, which are incorporated by this reference, as though fully set forth herein. c. Additional information submitted during the hearing. 9 October 20, 2026 Item 7
Resolution No. 2026-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 20th day of October 2026. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Christina 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 20th day of October 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
10 October 20, 2026 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Kevin Parker, AICP, Principal Planner
Via Ashley Jones, City Manager
DATE: October 20, 2026
SUBJECT: Introduction of an Ordinance Approving a Development Agreement (DA 25- 001) for a Previously Approved Tentative Tract Map known as “La Atalaya” to Hold All Related Discretionary Approvals to One Expiration Date (APNs: 299- 192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62- 00, 299-200-63-00, 299-200-64-00, 299-200-65-00)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council hold a public hearing to introduce the proposed Ordinance (Attachment A) approving DA 25-001, and direct the City Manager to execute the Development Agreement (DA 25-001).

BACKGROUND:

On February 1, 2021, the City Council held a public hearing and approved a Tentative Tract Map application (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to reconfigure eight lots totaling approximately 18.1 acres of land (no additional lots were created). The City Council also adopted a Mitigated Negative Declaration (MND) for the subdivision, along with a Mitigation, Monitoring, and Reporting Program (MMRP).

The Project site is bounded by San Dieguito Road to the north, Zapo Street to the south, Gatun Road to the west, and Serpentine Drive to the east, commonly referred to as “the Snake Wall properties.” The subdivision map includes the required roadway and utility improvements, and the vacation of two public utility easements and a public alley pursuant to the State summary vacation process (California Streets and Highways Code §§ 8330– 8336). The original application was limited to the subdivision of land into new legal lots and associated access improvements and did not include proposed development of any new residential units.
1 October 8, 2026 Item 8
City Council Agenda Report
La Atalaya Development Agreement
October 20, 2026

Due to the site’s location in the Bluff, Slope, and Canyon Overlay Zone (BSC-OZ), and consistent with the City’s Local Coastal Program (LCP), a Conditional Use Permit (CUP18- 004) and Coastal Development Permit (CDP18-016) were required. These entitlements addressed the site constraints associated with developing the newly configured lots within an area characterized by steep slopes because the required access road improvements involve grading at the base of a steep slope, as well as within a steep slope setback.

The approved subdivision included lot line adjustments for six lots (Lots 1 through 6). The subdivision also relocated two residential lots with access from Serpentine Drive to a portion of the contiguous property located just south of San Dieguito Drive, adjacent to Lots 5 and

6. The approved Tentative Map has been included as Attachment B.

In accordance with State law and Del Mar Municipal Code (DMMC), the original approval of TTM18-004 by the City Council would expire after two years. On February 6, 2023, the City Council granted the applicant an Extension of Time (EOT) for the Tentative Map for three years, extending the Map’s expiration to February 6, 2026.

On February 1, 2024, the previously approved CDP and CUP, which were valid for three years after issuance, expired. A new CDP (CDP24-008) and CUP (CUP24-001) were approved by Council on August 26, 2024. CDP24-008 and CUP24-001, as extended by the City Council, will now expire on August 26, 2027.

On August 26, 2024, the City Council approved RM23-001, which added Condition of Approval S-2 to TTM18-004, which allows the Applicant to submit a Development Agreement to establish a unified expiration date for the various discretionary permits associated with the project. Although processed as a revised map application, RM23-001 (Map) was limited to modifying the conditions of approval for TTM18-004 to include this provision. No changes were made to the approved subdivision map or to any other requirements associated with the Map’s approval. The expiration date of TTM18-004 remained unchanged.

On May 28, 2025, the Design Review Board approved DRB25-005 and LC23-007 for the improvements and grading needed to implement TTM18-004, including the minor relocation of the “Snake Wall” at the northwest corner of a vacant property; widening of the vehicular gate accessed from San Dieguito Drive via an unnamed alley onto a new private road “La Atalaya Way”; installation of a new access gate across an existing access path at the northeastern portion of “Lot 3” (2100 Gatun Street); and grading and construction of retaining walls to construct the new private road “La Atalaya Way” across Lots 5-8.

On December 15, 2025, Council approved an EOT extending the expiration date for TTM18- 004 to February 6, 2029.
2 October 8, 2026 Item 8
City Council Agenda Report
La Atalaya Development Agreement
October 20, 2026

Planning Commission Hearing
On July 1, 2025, the Applicant submitted an application for a Development Agreement (DA) to hold the approved Tentative Map and all related entitlements to one expiration date. On September 15, 2026, the Planning Commission held a public hearing and unanimously recommended approval to the City Council of the Development Agreement (DA 25-001).

The Planning Commission report has been included as Attachment C and the Planning Commission resolution has been included as Attachment D.

DISCUSSION/ANALYSIS:

A Development Agreement is a contract between the City and the property owner/developer which memorializes the rights, terms, benefits, and obligations of both parties, and is authorized by California Government Code sections 65864-65869.5 and DMMC Chapter 24.65. The DA expressly defines the standards, laws, and procedures that govern a project, as well as time allowances, constraints, and deadlines. A DA is adopted by the City as an ordinance and may be modified only with the mutual consent of all parties and is subject to annual review.

Currently, under the City’s Municipal Code, the various entitlements that make up the Tentative Map and related improvements have varying expiration dates as follows:
 The TTM was approved for an original term of two years and was allowed, per the California Subdivision Map Act, two additional extensions of three years each (for a total of eight years).
 Per DMMC 30.74.050 and 30.75.170, Conditional Use Permits and Coastal Development Permits, respectively, expire within three years unless a building permit has been issued and substantial construction has been accomplished.  Similarly, per DMMC 23.08.110 and 23.33.045, Design Review Permits and Land Conservation Permits expire within three years unless a building permit has been issued and substantial construction has been accomplished.

As described in the Background section above, because the various entitlements were approved at separate hearings and carry different expiration dates, the Applicant is requesting a DA to hold all of the approvals to the same expiration as the Map. Without an approved DA, the discretionary development entitlements would expire as follows:
 TTM18-004 would expire on February 6, 2029, per Council Resolution 2025-38. o RM23-001 added a condition of approval allowing the Applicant to submit a Development Agreement and expires with TTM18-004.
 Per City Council Resolution 2021-05 and reaffirmed by City Council Resolution 2024-40, under Condition E-1T, the Applicant has two years from the final approval 3 October 8, 2026 Item 8
City Council Agenda Report
La Atalaya Development Agreement
October 20, 2026

of the Public Improvement Plan to construct the public improvements, up to February 6, 2031.
 CDP24-008 and CUP24-001 would expire on August 26, 2027.  DRB25-005 and LC23-007 would expire on May 28, 2028.

As proposed, the La Atalaya DA would have a five-year term for the Applicant to “vest” all rights afforded to the developer, to align with the expiration of the Tentative Tract Map (TTM18-004), including previously approved project entitlements Design Review (DRB25-005), Coastal Development Permit (CDP24-008), Conditional Use Permit (CUP24-001), and Land Conservation Permit (LC23-007).

The DA would expire February 6, 2031, to be consistent with the expiration of the TTM (February 6, 2029) and the subsequent 24 months in which the Applicant would be required to complete the Public Improvements per condition of approval E-1T per Council Resolution 2021-05. The draft DA has been included as part of the Ordinance in Attachment A.

Therefore, approval would unify the entitlements with a single expiration, affording the developer time to meet the required conditions of approval and requirements of the Development Agreement. Per the Subdivision Map Act, the Tentative Tract Map (TTM18- 004) is not eligible for any additional Extension of Time requests, which is the basis for the term of the DA.

The Applicant will be responsible for implementing all conditions of approval of the TTM, which include recording the Final Map and installing the required public improvements.

Future proposed residential development on any of the individual lots will be subject to separate approval of all required entitlements, including environmental review under the California Environmental Quality Act (CEQA).

Standards of Review for Development Agreements:

DMMC Chapter 24.65 establishes procedures and requirements for considering development agreements. DMMC Section 24.65.130 contains the standards of review for determining whether a proposed DA shall be approved. This section states the following:

DMMC 24.65.130 Requirements for Approval:

A. The City Council must find that:

1. The provisions of the agreement are consistent with the Community Plan and any applicable specific plan, and
4 October 8, 2026 Item 8
City Council Agenda Report
La Atalaya Development Agreement
October 20, 2026

2. The development agreement complies with all applicable zoning, subdivision, and building regulations and with the general and any relevant specific plan.

Findings for the above-cited standards are provided in the draft Ordinance (Attachment A).

ENVIRONMENTAL IMPACT:

The City Council adopted a Mitigated Negative Declaration (MND) along with a Mitigation Monitoring and Reporting Program (MMRP) for the previously approved subdivision and related improvements on February 1, 2021 (Resolution No. 2021-05). In accordance with the CEQA Guidelines Section 15162, no further environmental review is required because the proposed action of adopting the Development Agreement does not involve substantial changes to the previously approved project, and there are no new circumstances or information that would require a subsequent environmental document.

FISCAL IMPACT:

There is no fiscal impact related to this agenda item as this is a private development proposal. All fees associated with the project and CEQA processing have been paid by the Applicant. Additionally, all costs associated with any future development of the subdivision, including required public improvements, would be paid by the Applicant or future owners of the subdivided lots.

ATTACHMENTS:

Attachment A - Ordinance Approving Development Agreement DA 25-001 Attachment B- Approved TTM18-004 Map
Attachment C- September 15, 2026, Planning Commission Agenda Report Attachment D- Planning Commission Resolution 2026-07
5 October 8, 2026 Item 8

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA ADOPTING FINDINGS FOR AND
APPROVING A DEVELOPMENT AGREEMENT, DA25-001,

TO HOLD ALL ENTITLEMENTS RELATED TO THE LA

ATALAYA SUBDIVISION PROJECT TO ONE EXPIRATION
DATE (TTM18-004, CUP18-004, CDP18-016, DRB25-005,
LC23-007) APNs: 299-192-24-00, 299-261-14-00, 299-261-
42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299- 200-64-00, 299-200-65-00
WHEREAS, La Atalaya, Inc. (Applicant), is the owner of real property commonly referred to as the “La Atalaya Properties” (APN(S): 299-192-24-00, 299-261-14-00, 299- 261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, and 299- 200-65-00) (Property); and
WHEREAS, the Applicant filed an application for a Development Agreement (DA25-001) to vest the discretionary permits related to required public improvements required pursuant to TTM18-004 with one expiration date for property known as “La Atalaya”, Del Mar, California (APNs: 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00); and WHEREAS, development agreements are subject to the provisions of California Government Codes 85864-95869.5 and to the provisions of the Del Mar Municipal Code Chapter 24.65; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq. (the “Development Agreement Statute”), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property; and
WHEREAS, pursuant to the Development Agreement Statute, the City has adopted rules and regulations, embodied in Chapter 24.65 of the Del Mar Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) (State Clearinghouse Number 2020100558) was adopted by the City Council on February 1, 2021, for the previously approved subdivision and related improvements pursuant to City Council Resolution 2021-05; and
WHEREAS, on February 1, 2021, the City Council approved Tentative Tract Map (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit 6 October 8, 2026 Item 8
Ordinance No. XXXX

(CDP18-016) to reconfigure eight (8) lots totaling approximately 18.1 acres of land and to make associated roadway emergency access, and utility improvements; and WHEREAS, in accordance with State law and Del Mar Municipal Code the original approval of TTM18-004 was to expire after two years; and WHEREAS, on February 6, 2023, the City Council granted the Applicant an Extension of Time (EOT) for three years; and
WHEREAS, on August 26, 2024, the City Council approved a Revised Map RM23- 001 to modify the conditions of approval provided in City Council Resolution 2021-05 to allow for the submittal of a Development Agreement; and WHEREAS, on August 26, 2024, the City Council approved Coastal Development Permit CDP24-008, and Conditional Use Permit CUP24-001 to allow construction of required roadway, utility, and safety improvements within the Bluff Slope and Canyon, Open Space, and Lagoon Overlay Zones; and
WHEREAS, on May 28, 2025, the Design Review Board approved Design Review Permit DRB25-005 and Land Conservation Permit LC23-007 for the required improvements and grading required per TTM18-004; and
WHEREAS, on December 15, 2025, the City Council approved the final Extension of Time for the Tentative Map for three more years (expiring February 6, 2029); and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) was adopted by the City Council on February 1, 2021, for the previously approved subdivision and related improvements pursuant to City Council Resolution 2021-05; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Development Agreement because the proposed action of adopting the associated development agreement does not involve substantial changes to the previously approved project, and there are no new circumstances or information that would require a subsequent environmental document.

WHEREAS, on September 15, 2026, the Planning Commission of the City of Del Mar held a public hearing on application DA25-001 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. 7 October 8, 2026 Item 8
Ordinance No. XXXX

d. Agenda report, dated September 15, 2026, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution PC-2026-07 recommending that the City Council approve Development Agreement DA25-001; and
WHEREAS, pursuant to Section 65867 of the Government Code, the City Council, on October 20, 2026, held a duly noticed public hearing on Development Agreement DA25-001, during which, evidence was submitted and considered including without limitation:
a. Written information submitted with the application.
b. Oral testimony from staff, the Property Owner and the public. c. The agenda report, dated October 20, 2026, which, along with its attachments, is incorporated by this reference as though fully set forth herein.
d. Additional information submitted during the hearing.

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

SECTION ONE:

That with regards to Development Agreement DA25-001, the City Council makes the following findings:

1. A Mitigated Negative Declaration (MND– SCH No. 2020100558) was prepared and processed in accordance with the requirements of the California Environmental Quality Act (CEQA) and adopted by the City of Del Mar City Council on February 1, 2021 (Resolution No. 2021-05). In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required because the proposed action of adopting the associated development agreement does not involve substantial changes to the previously approved project, and there are no new circumstances or information that would require a subsequent environmental document.

2. The Development Agreement was prepared in accordance with Government Code Sections 85864-85869.5.

3. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the Del Mar Community Plan in that the land use designation for the eight resulting parcels of TTM18-004 does not change;

4. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located 8 October 8, 2026 Item 8
Ordinance No. XXXX

in that the entitled development is consistent with the zoning, land use and development regulations contained within the R1-40 Zone and Bluff, Slope, and Canyon and Lagoon Overlay Zones;

5. The Development Agreement is in conformity with public convenience, general welfare and good land use practice, in that the agreement provides for exceptional benefits to the City of Del Mar, including the construction and funding of public infrastructure to service the four lots adjacent to San Dieguito Drive; and

6. The Development Agreement will not be detrimental to the health, safety, and general welfare in that it will facilitate the development of public infrastructure which will improve pedestrian and vehicular circulation within the vicinity of the Properties; and

7. The Development Agreement will not adversely affect the orderly development of the Property in that the Development Agreement will facilitate one expiration date for all entitlements that follows the expiration of the approved Tentative Tract Map to make implementation of the required improvements more efficient.

SECTION TWO:

The City Council, based upon the above-referenced findings, hereby approves and adopts Development Agreement DA25-001 between La Atalaya, LLC, and the City of Del Mar, in the form attached as Exhibit "A" and incorporated herein by reference.

SECTION THREE:

The City Manager is hereby authorized to execute the Development Agreement and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement, pursuant to the terms of the Development Agreement, including recordation of the Development Agreement with the Office of the San Diego County Recorder within 30 days of the date of effectiveness of the Development Agreement.

SECTION FOUR:

If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

SECTION FIVE:

This Ordinance was introduced at a regular meeting of the City Council of the City of Del Mar held on October 20, 2026.
9 October 8, 2026 Item 8
Ordinance No. XXXX

SECTION SIX:

The City Clerk is directed to prepare and publish a summary of this Ordinance together with the votes cast thereon no less than five days prior to the consideration of its adoption and again within 15 days following adoption.

SECTION SEVEN:

This Ordinance shall take effect and be in force thirty (30) days after the date of adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar California at a regular meeting on this 10th day of November 2026.

_____________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Christina M. Cameron, City Attorney
City of Del Mar
10 October 8, 2026 Item 8
Ordinance No. XXXX

ATTEST AND CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of November, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_______________________________________
Sarah Krietor, City Clerk/Administrative Services
Manager, City of Del Mar
11 October 8, 2026 Item 8

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Del Mar
1050 Camino del Mar’ Del Mar, CA 92024
Attn: City Clerk
Draft of 9-9-2026
Space Above this Line for Recorder's Use
Only. This Agreement is recorded at the
request and for the benefit of the City of Del
Mar and is exempt from the payment of a
recording fee pursuant to Government
Code§§ 6103 and 2783.

DEVELOPMENT AGREEMENT BETWEEN CITY OF DEL MAR
AND LA ATALAYA, LLC REGARDING PROPERTY OWNER’S OBLIGATIONS AND

EXPIRATION DATES FOR CITY PERMITS ASSOCIATED WITH TENTATIVE TRACT MAP TTM18-004
12 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 2

DEVELOPMENT AGREEMENT
(Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the 10th day of November, 2026 ("Agreement Date"), and is being entered into by and between the CITY OF DEL MAR, a municipal corporation ("City"), and La Atalaya, LLC, a California limited liability company ("Property Owner"). City and Property Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."

RECITALS
A. Property Owner is the owner of that certain real property located in the City of Del Mar, County of San Diego, State of California commonly referred to as "La Atalaya," identified by Assessor Parcel Numbers (APNs) 299-200-65-00, 299-261-43-00, 299-261- 42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00 (collectively, "Property").

B. Property is more particularly described in the legal description attached hereto as Exhibit A; and
C. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing; strengthen the public planning process and encourage private implementation of the local General Plan; provide certainty in the approval of projects in order to avoid waste of time and resources; and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864-65869 (the "Development Agreement Statute"), authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.

D. Pursuant to the Development Agreement Statute, City has adopted rules and regulations, contained in Chapter 24.65 of the Del Mar Municipal Code (“DMMC’), establishing procedures and requirements for adoption and execution of development agreements; and E. On February 1, 2021, the City Council (“Council”), adopted Resolution 2021-05 (“Council Resolution”) approving a Tentative Tract Map, TTM18-004, a Coastal Development Permit (CDP18-016), and a Conditional Use Permit (CUP18-004) to resubdivide eight of Property Owner’s lots, totaling approximately 18.1 acres of land known as "La Atalaya," into eight reconfigured lots, with subdivision TTM18-004 hereinafter also known as the “Re-subdivision.” A copy of Resolution 2021-05 is attached hereto as Exhibit B); and
13 October 8, 2026 Item 8

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Page# 3
F. City Council approval of TTM18-004 set an expiration date of 24 months for TTM18-004, with an allowance for the Property Owner to seek a three-year extension of such expiration; and
G. On February 6, 2023, the City Council, upon request of the Property Owner, approved Resolution No. 2023-01 granting a three-year extension of TTM18-004, with the revised expiration date for TTM18-004 set as February 6, 2026 (“2023 Revised Expiration date for TTM18-004”); and
H. City Council Resolution approving TTM18-004 included various conditions of approval, including conditions specifically pertaining to four of the lots of the Resubdivision, namely Lots 5, 6, 7 and 8, (“La Atalaya Re-subdivision Lots 5-8”); and I. La Atalya Re-subdivision Lots 5-8 were designed, proposed, and approved in the City Council Resolution in a manner to accommodate the future development of a separate single-family residence on each of the lots; and J. Property Owner’s re-subdivision proposal and the corresponding conditions of the Council Resolution called for the installation of a private roadway and utilities therein (“Private Roadway and Utility Improvements ”), to serve the later development of a singlefamily home on each of Re-subdivision Lots 5-8, with the design and installation of Private Roadway and Utility Improvements to be subject to City review and approval pursuant to the provisions of the Council Resolution and of the Del Mar Municipal Code (“DMMC”); and K. Pursuant to the provisions of the DMMC, the design and installation of Private Roadway and Utility Improvements are subject to City review and issuance of: Conditional Use, Coastal Development, Design Review and Land Conservation Permits; and L. On August 26, 2024, the Del Mar City Council adopted Resolution No. 2024- 40, approving a reissuance of a Conditional Use Permit (CUP24-001) and a Coastal Development Permit (CDP24-008) for Private Roadway and Utility Improvements, a reissuance that was required due to the then-pending expiration of the Conditional Use Permit and Coastal Development Permit earlier approved by the Council in Resolution 2021- 05; and
M. On May 28, 2025, the Del Mar Design Review Board adopted Resolution No.

DRB2025-08, approving the required Design Review Permit (DRB25-005), and Land Conservation Permit (LC23-007), for Private Roadway and Utility Improvements. Together, CUP24-001, CDP24-008, DRB25-005 and LC23-007 constitute the “La Atalaya Roadway and Utility Improvement Discretionary Permits”; and
N. Each of the La Atalaya Roadway and Utility Improvement Discretionary Permits contained a condition identifying a three-year expiration date for such permit, prior to which the development rights authorized in the corresponding permit would need to be vested, in accordance with the provisions of the DMMC; and 14 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 4
O. The La Atalaya Roadway and Utility Improvement Discretionary Permits were approved by different City review bodies, at different times, resulting in different expiration dates and timeframes by which conditions of such Permits must be satisfied (“Disparate Permit Expiration Dates”); and
P. The Disparate Permit Expiration Dates also differ from the February 1, 2026 Revised Expiration Date for TTM18-004; and
Q. On January 30, 2024, the Property owner submitted an application to the City requesting a Revision to Map (“RM23-001”), specifically seeking authorization to allow the use of a Development Agreement for TTM18-004 as a means to, among other things, establish a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Discretionary Permits; and
R. On August 26, 2024, the Del Mar City Council adopted Resolution No, 2024- 40, approving RM23-001, which was a request by Property Owner to allow the use of a Development Agreement in association with TTM18-00 for the purposes specified in subsection Q above; and
S. On December 15, 2025, the City Council, upon request of the Property Owner, approved Resolution No. 2025-38 granting an additional three-year extension of TTM18-004, with the revised expiration date for TTM18-004 set as February 6, 2029 (2025 Revised Expiration date for TTM18-004”) (a copy of Resolution 2025-38 is attached hereto as Exhibit C); and
T. On July 1, 2025, the Property Owner submitted an application for approval of a Development Agreement, DA25-001 (“La Atalya Development Agreement”), primarily for the purpose of establishing a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Discretionary Permits; and U. On September 15, 2026, the Del Mar Planning Commission, at a noticed public hearing, reviewed and recommended City Council approval of DA25-001 for the La Atalaya Development Agreement, specifically finding the Development Agreement to be in compliance with DMMC Section 24.65; and
V. On November 10, 2026, the Del Mar City Council, at a noticed public hearing, adopted Ordinance No. XX, approving the La Atalaya Development Agreement, with such Ordinance containing the findings for approval of DA25-001, as recommended by the Planning Commission; and
W. This Agreement is intended to set forth the rights and obligations of the Parties relating to TTM18-004 specifically with respect to establishing a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Improvement Discretionary Permits; and
X. The Del Mar City Council finds that the provisions of this Agreement are consistent with the general plan and any applicable specific plan; and 15 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 5
Y. All proceedings necessary for the valid adoption and execution hereof have taken place in accordance with Government Code sections 65864 et seq., the California Environmental Quality Act, and with Chapter 24.65 of the Del Mar Municipal Code.

AGREEMENT
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code sections 65864 et seq. and Chapter 24.65 of the Del Mar Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows:
1) Effective Date
Pursuant to Chapter 24.65 of the Del Mar Municipal Code, this Agreement shall be effective and shall only create rights and obligations for the Parties from and after November 10, 2026, which aligns with the Agreement Date and the date upon which the ordinance approving this Agreement takes effect ("Effective Date"). 2) Duration
This Agreement shall expire on February 6, 2031.
3) Establishment of revised expiration date for the La Atalaya Discretionary Permits for required installation of Private Roadway and Utility Improvements
In consideration of Property Owner's agreements and obligations herein contained, and notwithstanding the otherwise applicable provisions of the DMMC and of the approved La Atalaya Roadway and Utility Improvement Discretionary Permits, the expiration dates of the La Atalaya Discretionary Permits are revised such that each and all of the permits will expire on February 6, 2031, if not previously vested in accordance with the provisions of the DMMC.
4) Property Owner’s Obligations
Property Owner agrees to the following:

A. Property Owner shall abide by all terms and conditions of all City permits and authorizations.

B. In accordance with the provisions of the DMMC, Property Owner shall pay all fees and charges imposed by City to cover the estimated and actual costs to City for processing applications for all City permits and authorizations related to the La Atalaya Re-subdivision and La Atalaya Roadway and Utility Improvement Discretionary Permits, as well as all fees incurred by City for staff and City Attorney review, preparation 16 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 6
and negotiation of this Agreement, including any applicable costs for recordation thereof.
5) Assignment
A. Right to Assign. Upon the approval of the City of Del Mar, which will not be unreasonably withheld, the Property Owner may, at any time, or from time to time, transfer its right, title or interest in or to all or any portion of the Property. In accordance with Government Code Section 65868.5, the burdens of this
Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Property Owner (“Successor Owner”). As a condition precedent to any such transfer, Property Owner s h a l l require the transferee to acknowledge in writing that transferee has been informed, understands and agrees that the burdens and benefits under this Agreement relating to such transferred property shall be binding upon and inure to the benefit of the transferee or successors in interest. Any subsequent transfer by a Successor Owner of its right, title or interest in or to all or any portion of the Property shall likewise be subject to this Section.

B. Notice of Assignment or Transfer. No transfer, sale or assignment of Property Owner 's rights, interests and obligations hereunder, or any transfer of a Successor Owner’s rights, interests and obligations hereunder, shall occur without providing the City of Del Mar with a 60-day written notice to City prior to the transfer with information provided to City of the name and contract information of purchasing entity or transferee, as applicable. The City of Del Mar during the 60-day notice period may conduct reasonable due diligence of the transferee’s ability to abide by the terms of this Agreement.

C. Release Upon Transfer. Upon the transfer, sale, or assignment of all of Property Owner's rights, interests and obligations hereunder to any of Lots 5-8, pursuant to Section 6.A. and Section 6.B. of this Agreement, Property Owner shall be released from the obligations under this Agreement with respect to Property transferred, sold, or assigned, arising subsequent to the date of the effective date of such transfer, sale or assignment. In any event, the transferee, purchaser or assignee shall be subject to all the provisions hereof after the effective date of such transfer, sale or assignment.

D. Time for Notice. Within the sixty-day notice period and prior to 17 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 7
the date escrow closes on any transfer of Property Owner’s right, title or interest in or to all or any portion of the Property, Property Owner shall notify the City in writing of the name and address of the transferee.
6) Covenants Run with the Land
The terms of this Agreement are legislative in nature, and apply to the Property as a regulatory ordinance. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall run with the land and shall be binding upon the Parties and shall inure to the benefit of their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devices, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or other manner. 7) Conflict with State or Federal Law
In the event that State or Federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified (in accordance with Section 18 set forth below) or suspended as may be necessary to comply with such State or Federal laws or regulations. Notwithstanding the foregoing, u pon re as ona bl e not ic e t o the C it y, Property Owner and the City of Del Mar shall have the right to challenge, at its sole cost, in a court of competent jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if the challenge in a court of competent jurisdiction is successful, this Agreement shall remain unmodified and in full force and effect. 8) Procedure for Modification Because of Conflict with State or Federal Laws
In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 24.65 of the Del Mar Municipal Code. 9) Amendment or Cancellation of Agreement
This Agreement may be further amended or terminated only in writing and in the manner set forth in Government Code Sections 65865.1, 65867.5, 65868, 18 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
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Page# 8
65868.5 and Chapter 24.65 of the Del Mar Municipal Code. 10) Agreement is Entire Agreement
This Agreement and all exhibits attached hereto or incorporated herein by reference contain the sole and entire Agreement between the Parties concerning the Property. The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except representations set forth herein, and each Party acknowledges that it has relied on its own judgment in entering this Agreement. The Parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings with the other.
11) Events of Default
If legal action by either Party is brought because of breach of this Agreement, or to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorney's fees and court costs. Remedy for breach of this Agreement is limited to specific performance or declaratory relief and the award of fees and costs.
12) Severability
If any term or condition of this Agreement is for any reason held by a final judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a material change in this Agreement, then this entire Agreement shall likewise be invalid, and shall be deemed null and void and of no further force or effect following such judicial determination.
13) No Third Parties Benefited
No person other than the City, Property Owner, or their respective heirs, successors and assigns is intended to or shall have any right or claim under this Agreement, this Agreement being for the sole benefit and protection of the parties hereto and their respective heirs, successors and assigns. Similarly, no amendment or waiver of any provision of this Agreement shall require the consent or acknowledgement of any person not a Party or successor to this Agreement. 14) Relationship of Parties
It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Property Owner and that Property Owner is not an agent of City. The Parties do not intend to create a partnership, joint venture or 19 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 9
any other joint business relationship by this Agreement. The City and Property Owner h e r e b y renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Property Owner joint venturers or partners. Neither Property Owner nor any of Property Owner's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Property Owner 's obligations under this Agreement. 15) Bankruptcy
The obligations of this Agreement shall not be dischargeable in bankruptcy. 16) Litigation
In the event that third-party litigation is initiated challenging City approvals of this Agreement, the expiration date under Section 2 (Duration), of this Agreement and the deadline for satisfactory installation Private Roadway and Utility Improvements, identified in Section 3-A-ii, shall be extended for a period equal to the length of time from the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final and not subject to appeal.
17) Force Majeure
Notwithstanding anything to the contrary contained herein, either Party shall be excused for the period of any delay in the performance of any of its obligations hereunder, except the payment of money, when prevented or delayed from so doing by certain causes beyond its control, including, and limited to, major weather differences from the normal weather conditions for the Del Mar area, war, acts of God or of the public enemy, fires, explosions, floods, earthquakes, invasions by non-United States armed forces, failure of major transportation facilities due to no fault of the Parties, strikes of employees causing major impacts to the supply chain other than Property Owner's, freight embargoes, pandemics or epidemics that substantially interfere with either Party’s ability to perform its activities contemplated herein, sabotage, riots, acts of terrorism and acts of the government that would preclude Project development (other than the City). The Party claiming such extension of time to perform shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension. 18) Rules of Construction and Miscellaneous Terms
A. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive.

B. Time is and shall be of the essence in this Agreement. 20 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 10
C. Where a Party consists of more than one person, each such person shall be jointly and severally liable for the performance of such Party's obligation hereunder.

D. The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the provisions thereof.

E. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California in effect on the date thereof. 19) Action by Third Party
If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the Parties shall cooperate in defending such action. Property Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding.
20) Notices
All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service.

Notices to the City shall be addressed as follows:

TO CITY:

City of Del Mar Attn: City Manager
1050 Camino del Mar Del Mar, CA 92014
TO PROPERTY OWNER:

La Atalaya LLC, 690 Serpentine Drive, Del Mar, CA, 92014 A party may change its address for notice by giving notice in writing to the other party and thereafter notices shall he addressed and transmitted to the new address. 21 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
Page# 11
IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written.

CITY OF DEL MAR
Ashley Jones, City Manager
LA ATALAYA, LLC (Property Owner)
Add name of Signer/Title here
ATTEST:

Sarah Krietor, City Clerk Date
APPROVED AS TO FORM:

Christina Cameron, City Attorney Date
22 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-Subdivision
4/28/26

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
LOT O AND A PORTION OF LOT G IN BLOCK 12 OF ARDEN HEIGHTS NO. 3, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1285, FILED IN THE OFFICE OF THE CONTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 22, 1910,

TOGETHER WITH THOSE PORTIONS OF THE ALLEYS ADJOINING SAID LOTS, AS VACATED, ALSO A PORTION OF LOT U IN BLOCK 12 OF ARDEN HEIGHTS NO. 3, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1343, FILED IN THE OFFICE OF THE CONTY RECORDER OF SAN DIEGO COUNTY JUNE 5, 1911, TOGETHER

WITH THE ALLEY ADJACENT TO LOT U,
ALSO PARCELS 1 THROUGH 4 OF CERTIFICATE OF COMPLIANCE COC-96-1 RECORDED OCTOBER 14, 1996 AS INSTRUMENT NO. 1996-0520699, 1996-0520700, 1996-0520701 AND 1996- 0520702.

ALL AS DEPICTED ON LA ATALAYA TRACT MAP 18-004 IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS APPROVED BY THE CITY OF DEL MAR. 23 October 8, 2026 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-Subdivision

EXHIBIT B
COPY OF CITY COUNCIL RESOLUTION No. 2021-05
24 October 8, 2026 Item 8
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56 October 8, 2026 Item 8

EXHIBIT C
COPY OF CITY COUNCIL RESOLUTION No. 2025-38
57 October 8, 2026 Item 8
58 October 8, 2026 Item 8
59 October 8, 2026 Item 8
60 October 8, 2026 Item 8
16 15
17 14
14 15 1 1 1 23 7 7 5 5 4
12 6 4 4 4 7
13 17 8 8
10 & 23& 9
11 18
18 N N 123456789
10 11
12 13
14 15
16 17
18 No. 36190
Exp. 6/30/22 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
61 October 8, 2026 Item 8
M A P N O 1 5 9 2 M A P N O 1 3 4 3
LOT B BLK 37 MAP NO. 1343
M A P N O 1 5 9 2 M A P N O 1 3 4 3 R O S 1 2 2 2 0
PAR 4 OPEN SPACE PAR 4 OPEN SPACE
BLK 12 MAP NO. 1343 LOT 'V'
R O S 1 234 0
N
CERT OF COMPL. PAR NO 3
CERT OF COMPL. PAR NO 1
1 1
1 14
15 2
3 17
18 TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
62 October 8, 2026 Item 8
20' WIDE ALLEY (UNIMPROVED)
M A P N O 1 5 9 2 M A P N O 1 3 4 3
R O S 1 7 1 0 9
PAR 4 OPEN SPACE
R O S 1 234 0 N
CERT OF COMPL. PAR NO 2 1
18 CERT OF COMPL. PAR NO 3
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W 63 October 8, 2026 Item 8
20' WIDE ALLEY (UNIMPROVED)
MAP NO. 1285
M A P N O 1 5 9 2 M A P N O 1 3 4 3

ALLEY (UNIMPROVED)
MAP NO 1285 BLK 30 PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
BLK 12 MAP NO. 1285 LOT 'L' & POR. VAC. ALLEY
MAP NO. 1285 LOT 'M' BLK 12
BLK 12 MAP NO. 1285 LOT 'N' & POR. VAC. ALLEY

DEED RESTRICTION
BLK 12 MAP NO. 1285

DEED RESTRICTION

ALLEY (VACATED)
BLK 12 MAP NO. 1285 DEED RESTRICTION

POR LOT 'G' & 'O'

POR LOT 'O'
BLK 12 MAP NO. 1343 LOT 'U'
CERT OF COMPL. PAR NO 4 N
18 14
15 17
16 8
10 9 8 5 5
12 13
11 4 6 4 7 4 4 7 7
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
19 64 October 8, 2026 Item 8
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
65 October 8, 2026 Item 8
N
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
CERT OF COMPL. PAR NO 1
66 October 8, 2026 Item 8
City of Del Mar
Staff Report

PLANNING COMMISSION

STAFF REPORT
September 15, 2026
APPLICATION: DA25-001
REQUEST: A request for a recommendation from the Planning Commission to the City Council to adopt the draft Development Agreement for the previously approved Tentative Tract Map known as “La Atalaya” in order to hold all related discretionary permit approvals to one expiration date.

APPLICANT/OWNER: La Atalaya, LLC
AGENT: Adam Birnbaum
SITE LOCATION: 3004 Sandy Lane
ASSESSOR PARCEL NUMBERS: 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00 COMMUNITY PLAN DESIGNATION: Very Low Density Residential ZONE: R1-40
OVERLAY ZONE: Bluff, Slope and Canyon Overlay Zone, Floodplain Overlay Zone, Lagoon Overlay Zone
ENVIRONMENTAL STATUS:

The City Council adopted a Mitigated Negative Declaration (MND) along with a Mitigation Monitoring and Reporting Program (MMRP) for the previously approved subdivision and related improvements on February 1, 2021 (Resolution No. 2021-05). In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required because the proposed action of adopting the associated development agreement does not involve substantial changes to the previously approved project, and there are no new circumstances or information that would require a subsequent environmental document.

HOUSING IMPACT:

The approval of the requested development agreement pertains to the previously approved Tentative Tract Map for the relocation of lot lines between eight (8) existing parcels, which resulted in the same number of developable lots and there are no new residential units at this time. Therefore, the proposed development agreement would have no impact on the City of Del Mar’s housing supply or housing affordability.
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September 15, 2026

BACKGROUND:

On February 1, 2021, the City Council held a public hearing and approved a Tentative Tract Map application (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to reconfigure eight lots totaling approximately 18.1 acres of land (no additional lots were created). The Project site is bound by San Dieguito Road to the north, Zapo Street to the south, Gatun Road to the west, and Serpentine Drive to the east, commonly referred to as “the Snake Wall properties.” Associated with the subdivision map were proposals to perform related required roadway and utility improvements; and to vacate two public utility easements and a public alley using the summary vacation process outlined in the California Streets and Highways Code. The original application requests were only for the subdivision of land into new legal lots and associated access improvements and did not include proposed development of any new residential units.

Due to the site’s location in the Bluff, Slope, and Canyon Overlay Zone, consistent with the City’s Local Coastal Program, a Conditional Use Permit (CUP18-04) and Coastal Development Permit (CDP18-016) were required to: 1) ensure the newly configured lots would be appropriate for development within an area of substantially steep slopes; and 2) because necessary access road improvements would require grading at the bottom of a substantially steep slope and within a steep slope setback. The approved subdivision included lot line adjustments for six lots (Lots 1, 2, 3, 4, 5, 6) and relocated two residential lots with access via Serpentine Drive to a portion of the contiguously owned property just south of San Dieguito Drive adjacent to Lots 5 and 6. The approved Tentative Map has been included as Exhibit C.

The City Council adopted an associated MND for the subdivision along with an MMRP. The approved resolution (Council Resolution 2021-05) has been included as Exhibit D.

In accordance with State law and Del Mar Municipal Code, the original approval of TTM18-004 by the City Council was to expire after two years. On February 6, 2023, the City Council granted the applicant an Extension of Time (EOT) for the Tentative Map for three years, extending the Map’s expiration to February 6, 2026. City Council resolution 2023-04 has been included as Exhibit E.

On February 1, 2024, the previously approved CDP and CUP, which are valid for three years after issuance, expired. A new CDP (CDP24-008) and CUP (CUP24-001) were approved by Council on August 26, 2024. CDP24-008 and CUP 24-001, as extended by the City Council, now will expire on August 26, 2027. Council Resolution 2024-40 has been included as Exhibit F.

Also on August 26, 2024, the City Council approved RM23-001 which added a condition of approval (S-2) to TTM18-004 allowing the Applicant an opportunity to submit a Development Agreement in order to vest all of the various required discretionary permits with one unified expiration date. While processed under a “Revised Map” application the request only modified the conditions of approval for the map to include a provision for the Applicant to be able to submit a 268 September 15, 2026 October 8, 2026 Item 1 Item 8

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STAFF REPORT: Development Agreement DA25-001
September 15, 2026

Development Agreement and did not include any modifications to the Map or requirements otherwise related to the approval of the Map. The expiration date of the map was not changed.

Council Resolution 2024-40 has been included as Exhibit F.

On May 28, 2025, the Design Review Board approved DRB25-005 and LC23-007 for the improvements and grading needed to support the implementation of TTM18-004, including the minor relocation of the “Snake Wall” at the northwest corner of a vacant property; widening of the vehicular gate accessed from San Dieguito Drive via an unnamed alley onto a new private road “La Atalaya Way”; installation of a new access gate across an existing access path at the northeastern portion of “Lot 3” (2100 Gatun Street); and included grading and construction of retaining walls to construct the new private road “La Atalaya Way” across Lots 5-8. DRB Resolution 2025-08 has been included as Exhibit G.

On December 15, 2025, Council approved an extension of time (EOT) to extend the expiration date for TTM18-004 to February 6, 2029. Council Resolution 2025-38 has been included as Exhibit H.

DISCUSSION/ANALYSIS:

A Development Agreement is a contract between the City and the property owner/developer which memorializes the rights, terms, benefits, and obligations of both parties, and are authorized by California Government Code sections 65864-65869.5 and DMMC 24.65. The Development Agreement expressly defines the standards, laws, and procedures that govern a project, as well as time allowances, constraints, and deadlines. A Development Agreement is adopted by the City as an Ordinance and may only be modified with the mutual consent of all parties and are subject to annual reviews.

Currently, under the City’s Municipal Code, the various entitlements that make up the Tentative Map and related improvements have varying expiration dates as follows:
 The TTM was approved for an original term of two years and was allowed, per the California Map Act, two additional extensions of three years each (eight years total)  Per DMMC 30.74.050 and 30.75.170 Conditional Use Permits and Coastal Development Permits, respectively expire within three years unless a building permit has been issued and substantial construction has been accomplished
 Similarly, per DMMC 23.08.110 and 23.33.045 Design Review Permits and Land Conservation Permits expire within three years unless a building permit has been issued and substantial construction has been accomplished
As described in the Background section above, since the various entitlements have been enacted on at varying hearings and hold varying expiration dates the Applicant is requesting a Development Agreement in order to hold all of the various approvals to the same expiration as the Map. Without an approved Development Agreement, the discretionary development entitlements would expire as follows:
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September 15, 2026

 TTM18-004 would expire on February 6, 2029 per Council Resolution 2025-38 o RM23-001 allowed for an additional condition of approval for the Applicant to be able to submit a Development Agreement and follows the expiration of TTM18- 004. The approval of RM23-001 did not make any modifications to the Map itself nor any requirements of the Applicant related to the TTM approval.  Per City Council Resolution 2021-05 and reaffirmed by City Council Resolution 2024-40, per Conditions E-1T the Applicant has two years from the final approval of the Public Improvement Plan to construct the public improvements, up to February 6, 2031.  CDP24-008 and CUP24-001 would expire on August 26, 2027  DRB25-005 and LC23-007 would expire on May 28, 2028.

If adopted by the City Council as proposed, the La Atalaya Development Agreement would have a term of five years for the Applicant to “vest” all rights afforded to the developer for that period of time, to align with the expiration of the Tentative Tract Map TTM (TTM18-004), including previously approved project entitlements Design Review (DRB25-005), Coastal Development CDP (CDP24-008), Conditional Use Permit CUP (CUP24-001), and Land Conservation (LC23- 007). Additionally, the Development Agreement would expire February 6, 2031 to be consistent with the expiration of the TTM (February 6, 2029) and the subsequent 24 months in which the Applicant would be required to complete the required Public Improvements per condition of approval E-1T per Council Resolution 2021-05. The draft Development Agreement has been included as Exhibit B.

Therefore, the recommendation of City Council approval would unify the entitlements with one standalone expiration, affording the developer ample time to meet the required conditions of approval, and requirements of the Development Agreement. Per the Subdivision Map Act, the Tentative Tract Map (TTM18-004) is not eligible for any additional Extension of Time requests, which is the basis for the term of the Development Agreement. The Applicant will be responsible for implementing all conditions of approval of the TTM, which include recording the Final Map and installing the required public improvements.

Future proposed residential development on any of the individual lots will be subject to separate approval of all required entitlements, including environmental review under CEQA.

Standards of Review for Development Agreements:

The City’s Municipal Code (DMMC) Chapter 24.65 establishes procedures and requirements for the City’s consideration of development agreements. DMMC Section 24.65.100 contains the standards of review for determining whether a proposed Development Agreement shall be recommended for approval by the Planning Commission. This section states the following:
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STAFF REPORT: Development Agreement DA25-001
September 15, 2026

24.65.100 Determination by Planning Commission:

A. After the hearing by the Planning Commission, the Planning Commission shall forward its written recommendation and the application to the City Council. The recommendation shall include the Planning Commission’s determination of whether or not the development agreement proposed:

1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located;

3. Is in conformity with public convenience, general welfare and good land use practice;

4. Will be detrimental to the health, safety and general welfare; and

5. Will adversely affect the orderly development of property or the preservation of property valued.

B. The recommendation shall include the factual basis for said determinations.

Findings for the above-cited standards are provided in the draft resolution and included as Exhibit A. A similar set of standards in DMMC Chapter 24.65 applies to the City Council’s determination as to whether the Development Agreement should be approved.

CORRESPONDENCE:

A letter from the Applicant to the Planning Commission has been included as Exhibit I.

RECOMMENDATION:

Staff recommends that the Planning Commission approve the Resolution contained in Exhibit A, recommending City Council’s approval of the Development Agreement DA25-001 (Exhibit B).

The draft resolution contains findings to support City Council’s approval of the Development Agreement.

Respectfully submitted,
Jennifer Gavin
Associate Planner
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STAFF REPORT: Development Agreement DA25-001
September 15, 2026

Exhibits
Exhibit A – Draft Resolution
Exhibit B- Draft Development Agreement
Exhibit C- Tentative Map TTM 18-004
Exhibit D- Council Resolution 2021-05
Exhibit E- Council Resolution 2023-04
Exhibit F- Council Resolution 2024-40
Exhibit G- DRB Resolution DRB2025-08
Exhibit H- Council Resolution 2025-38
Exhibit I- Letter from Applicant
672 September 15, 2026 October 8, 2026 Item 1 Item 8
RESOLUTION NO. PC 2026-xx

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DEL

MAR, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT AN

ORDINANCE APPROVING THE LA ATALAYA DEVELOPMENT

AGREEMENT REGARDING THE DISCRETIONARY PERMITS RELATED
TO THE SUBDIVISION (TTM18-004) ON LAND LOCATED AT AND
ADJACENT TO 690 SERPENTINE DRIVE, DEL MAR, CALIFORNIA
APN(S): 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299- 200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00
WHEREAS, La Atalaya, Inc. (Applicant), is the owner of real property commonly referred to as the “La Atalaya Properties” (APN(S): 299-192-24-00, 299-261-14-00, 299-261-42- 00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, and 299-200-65-00) (Property); and
WHEREAS, the Applicant filed an application for a Development Agreement (DA25-001) to vest the discretionary permits related to required public improvements required pursuant to TTM18-004 with one expiration date for property known as “La Atalaya”, Del Mar, California (APNs: 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299- 200-63-00, 299-200-64-00, 299-200-65-00); and
WHEREAS, Development Agreements are subject to the provisions of California Government Codes 85864-95869.5 and to the provisions of the Del Mar Municipal Code Chapter

24.65; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq. (the “Development Agreement Statute”), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property; and WHEREAS, pursuant to the Development Agreement Statute, the City has adopted rules and regulations, embodied in Chapter 24.65 of the Del Mar Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) (State Clearinghouse Number 2020100558) was adopted by the City Council on February 1, 2021, for the previously approved subdivision and related improvements pursuant to City Council Resolution 2021-05; and WHEREAS, on February 1, 2021, the City Council approved Tentative Tract Map (TTM18- 004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to reconfigure eight (8) lots totaling approximately 18.1 acres of land and to make associated roadway emergency access, and utility improvements; and
WHEREAS, in accordance with State law and Del Mar Municipal Code the original approval of TTM18-004 was to expire after two years; and
Exhibit A 773 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. PC 2026-xx
DA25-001

WHEREAS, on February 6, 2023, the City Council granted the Applicant an Extension of Time (EOT) for three years; and
WHEREAS, on August 26, 2024, the City Council approved a Revised Map RM23-001 to modify the conditions of approval provided in City Council Resolution 2021-05 to allow for the submittal of a Development Agreement; and
WHEREAS, on August 26, 2024, the City Council approved Coastal Development Permit CDP24-008, and Conditional Use Permit CUP24-001 to allow construction of required roadway, utility, and safety improvements within the Bluff Slope and Canyon, Open Space, and Lagoon Overlay Zones; and
WHEREAS, on May 28, 2025, the Design Review Board approved Design Review Permit DRB25-005 and Land Conservation Permit LC23-007 for the required improvements and grading required per TTM18-004; and
WHEREAS, on December 15, 2025, the City Council approved the final Extension of Time for the Tentative Map for three more years (expiring February 6, 2029); and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration (MND) was certified by the City Council on February 1, 2021, for the previously approved subdivision and related improvements pursuant to City Council Resolution 2021-05; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Development Agreement because the proposed action of adopting the associated development agreement does not involve substantial changes to the previously approved project, and there are no new circumstances or information that would require a subsequent environmental document.

WHEREAS, on September 15, 2026, the Planning Commission of the City of Del Mar held a public hearing on application DA25-001 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 September 15, 2026, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Del Mar that with regard to application Development Agreement (DA25-001), the Planning Commission makes the following findings pursuant to Del Mar Municipal Code Chapter 24.65:

Exhibit A 874 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. PC 2026-xx
DA25-001

1. The Development Agreement was prepared in accordance with Government Code Sections 85864-85869.5;

2. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the Del Mar Community Plan in that the land use designation for the eight resulting parcels of TTM18-004 does not change;

3. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located in that the entitled development is consistent with the zoning, land use and development regulations contained within the R1-40 Zone and Bluff, Slope, and Canyon and Lagoon Overlay Zones;

4. The Development Agreement is in conformity with public convenience, general welfare and good land use practice, in that the agreement provides for exceptional benefits to the City of Del Mar, including the construction and funding of public infrastructure to service the four lots adjacent to San Dieguito Drive; and

5. The Development Agreement will not be detrimental to the health, safety, and general welfare in that it will facilitate the development of public infrastructure which will improve pedestrian and vehicular circulation within the vicinity of the Properties; and

6. The Development Agreement will not adversely affect the orderly development of the Property in that the Development Agreement will facilitate one expiration date for all entitlements that follows the expiration of the approved Tentative Tract Map to make implementation of the required improvements more efficient.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Del Mar does hereby recommend that the City Council adopt an ordinance approving the La Atalaya Development Agreement.

Exhibit A 975 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. PC 2026-xx
DA25-001

PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 15th day of September 2026 by the following vote:

AYES:

NOES:

RECUSED:

ABSENT:

ABSTAIN:
_____________________________________
Philip Posner, Chair
Planning Commission
City of Del Mar, California
ATTEST:
_________________________________________
Karen Brindley
Planning and Community Development Director
City of Del Mar, California
Exhibit A 1076 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Del Mar
1050 Camino del Mar’ Del Mar, CA 92024
Attn: City Clerk
Draft of 8-6-2026
Space Above this Line for Recorder's Use
Only. This Agreement is recorded at the
request and for the benefit of the City of Del
Mar and is exempt from the payment of a
recording fee pursuant to Government
Code§§ 6103 and 2783.

DEVELOPMENT AGREEMENT BETWEEN CITY OF DEL MAR
AND LA ATALAYA, LLC REGARDING PROPERTY OWNER’S OBLIGATIONS AND

EXPIRATION DATES FOR CITY PERMITS ASSOCIATED WITH TENTATIVE TRACT MAP TTM18-004
Exhibit B 1177 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
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DEVELOPMENT AGREEMENT
(Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the XX day of XXXXXX, 2026 ("Agreement Date"), and is being entered into by and between the CITY OF DEL MAR, a municipal corporation ("City"), and La Atalaya, LLC, a California limited liability company ("Property Owner"). City and Property Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."

RECITALS
A. Property Owner is the owner of that certain real property located in the City of Del Mar, County of San Diego, State of California commonly referred to as "La Atalaya," identified by Assessor Parcel Numbers (APNs) 299-200-65-00, 299-261-43-00, 299-261- 42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00 (collectively, "Property").

B. Property is more particularly described in the legal description attached hereto as Exhibit A; and
C. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing; strengthen the public planning process and encourage private implementation of the local General Plan; provide certainty in the approval of projects in order to avoid waste of time and resources; and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864-65869 (the "Development Agreement Statute"), authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.

D. Pursuant to the Development Agreement Statute, City has adopted rules and regulations, contained in Chapter 24.65 of the Del Mar Municipal Code (“DMMC’), establishing procedures and requirements for adoption and execution of development agreements; and E. On February 21, 2021, the City Council (“Council”), adopted Resolution 2021-05 (“Council Resolution”) approving a Tentative Tract Map, TTM18-004, a Coastal Development Permit (CDP18-016), and a Conditional Use Permit (CUP18-004) to resubdivide eight of Property Owner’s lots, totaling approximately 18.1 acres of land known as "La Atalaya," into eight reconfigured lots, with subdivision TTM18-004 hereinafter also known as the “Re-subdivision.” A copy of Resolution 2021-05 is attached hereto as Exhibit B); and
Exhibit B 1278 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
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F. City Council approval of TTM18-004 set an expiration date of 24 months for TTM18-004, with an allowance for the Property Owner to seek a three-year extension of such expiration; and
G. On February 6, 2023, the City Council, upon request of the Property Owner, approved Resolution No. 2023-01 granting a three-year extension of TTM18-004, with the revised expiration date for TTM18-004 set as February 1, 2026 (“2023 Revised Expiration date for TTM18-004”); and
H. City Council Resolution approving TTM18-004 included various conditions of approval, including conditions specifically pertaining to four of the lots of the Resubdivision, namely Lots 5, 6, 7 and 8, (“La Atlaya Re-subdivision Lots 5-8”); and I. La Atalya Re-subdivision Lots 5-8 were designed, proposed, and approved in the City Council Resolution in a manner to accommodate the future development of a separate single-family residence on each of the lots; and J. Property Owner’s Re-subdivision proposal and the corresponding conditions of the Council Resolution called for the installation of a private roadway and utilities therein (“Private Roadway and Utility Improvements ”), to serve the later development of a singlefamily home on each of Re-subdivision Lots 5-8, with the design and installation of Private Roadway and Utility Improvements to be subject to City review and approval pursuant to the provisions of the Council Resolution and of the Del Mar Municipal Code (“DMMC”); and K. Pursuant to the provisions of the DMMC, the design and installation of Private Roadway and Utility Improvements are subject to City review and issuance of: Conditional Use, Coastal Development, Design Review and Land Conservation Permits; and L. On August 26, 2024, the Del Mar City Council adopted Resolution No. 2024- 40, approving a reissuance of a Conditional Use Permit (CUP24-001) and a Coastal Development Permit (CDP24-008) for Private Roadway and Utility Improvements, a reissuance that was required due to the then-pending expiration of the Conditional Use Permit and Coastal Development Permit earlier approved by the Council in Resolution 2021- 05; and
M. On May 28, 2025, the Del Mar Design Review Board adopted Resolution No.

DRB2025-08, approving the required Design Review Permit (DRB25-005), and Land Conservation Permit (LC23-007), for Private Roadway and Utility Improvements. Together, CUP24-001, CDP24-008, DRB25-005 and LC23-007 constitute the “La Atalaya Roadway and Utility Improvement Discretionary Permits”; and
N. Each of the La Atalaya Roadway and Utility Improvement Discretionary Permits contained a condition identifying a three-year expiration date for such permit, prior to which the development rights authorized in the corresponding permit would need to be vested, in accordance with the provisions of the DMMC; and Exhibit B 1379 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
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O. The La Atalaya Roadway and Utility Improvement Discretionary Permits were approved by different City review bodies, at different times, resulting in different expiration dates and timeframes by which conditions of such Permits must be satisfied (“Disparate Permit Expiration Dates”); and
P. The Disparate Permit Expiration Dates also differ from the February 1, 2026 Revised Expiration Date for TTM18-004; and
Q. On January 30, 2024, the Property owner submitted an application to the City requesting a Revision to Map (“RM23-001”), specifically seeking authorization to allow the use of a Development Agreement for TTM18-004 as a means to, among other things, establish a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Discretionary Permits; and
R. On August 26, 2024, the Del Mar City Council adopted Resolution No, 2024- 40, approving RM23-001, which was a request by Property Owner to allow the use of a Development Agreement in association with TTM18-00 for the purposes specified in subsection Q above; and
S. On December 15, 2025, the City Council, upon request of the Property Owner, approved Resolution No. 2025-38 granting an additional three-year extension of TTM18-004, with the revised expiration date for TTM18-004 set as February 6, 2029 (2025 Revised Expiration date for TTM18-004”) (a copy of Resolution 2025-38 is attached hereto as Exhibit C); and
T. On July 1, 2025, the Property Owner submitted an application for approval of a Development Agreement, DA25-001 (“La Atalya Development Agreement”), primarily for the purpose of establishing a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Discretionary Permits; and U. On XXX XX, 2026, the Del Mar Planning Commission, at a noticed public hearing, reviewed and recommended City Council approval of DA25-001 for the La Atalaya Development Agreement, specifically finding the Development Agreement to be in compliance with DMMC Section 24.65; and
V. On XXX XX, 2026. the Del Mar City Council, at a noticed public hearing, adopted Ordinance No. XX, approving the La Atalaya Development Agreement, with such Ordinance containing the findings for approval of DA25-001, as recommended by the Planning Commission; and
W. This Agreement is intended to set forth the rights and obligations of the Parties relating to TTM18-004 specifically with respect to establishing a comprehensive and consistent set of expiration dates for the La Atalaya Roadway and Utility Improvement Discretionary Permits; and
X. The Del Mar City Council finds that the provisions of this Agreement are consistent with the general plan and any applicable specific plan; and Exhibit B 1480 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
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Y. All proceedings necessary for the valid adoption and execution hereof have taken place in accordance with Government Code sections 65864 et seq., the California Environmental Quality Act, and with Chapter 24.65 of the Del Mar Municipal Code.

AGREEMENT
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code sections 65864 et seq. and Chapter 24.65 of the Del Mar Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows:
1) Effective Date
Pursuant to Chapter 24.65 of the Del Mar Municipal Code, this Agreement shall be effective and shall only create rights and obligations for the Parties from and after the date that the ordinance approving this Agreement takes effect ("Effective Date").
2) Duration
This Agreement shall expire on February 1, 2033.
3) Establishment of revised expiration date for the La Atalaya Discretionary Permits for required installation of Private Roadway and Utility Improvements
In consideration of Property Owner's agreements and obligations herein contained, and notwithstanding the otherwise applicable provisions of the DMMC and of the approved La Atalaya Roadway and Utility Improvement Discretionary Permits, the expiration dates of the La Atalaya Discretionary Permits are revised such that each and all of the permits will expire on February 6, 2031, if not previously vested in accordance with the provisions of the DMMC.
4) Property Owner’s Obligations
Property Owner agrees to the following:

A. Property Owner shall abide by all terms and conditions of all City permits and authorizations.

B. In accordance with the provisions of the DMMC, Property Owner shall pay all fees and charges imposed by City to cover the estimated and actual costs to City for processing applications for all City permits and authorizations related to the La Atalaya Re-subdivision and La Atalaya Roadway and Utility Improvement Discretionary Permits, as well as all fees incurred by City for staff and City Attorney review, preparation Exhibit B 1581 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
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and negotiation of this Agreement, including any applicable costs for recordation thereof.
5) Assignment
A. Right to Assign. Upon the approval of the City of Del Mar, which will not be unreasonably withheld, the Property Owner may, at any time, or from time to time, transfer its right, title or interest in or to all or any portion of the Property. In accordance with Government Code Section 65868.5, the burdens of this
Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Property Owner (“Successor Owner”). As a condition precedent to any such transfer, Property Owner s h a l l require the transferee to acknowledge in writing that transferee has been informed, understands and agrees that the burdens and benefits under this Agreement relating to such transferred property shall be binding upon and inure to the benefit of the transferee or successors in interest. Any subsequent transfer by a Successor Owner of its right, title or interest in or to all or any portion of the Property shall likewise be subject to this Section.

B. Notice of Assignment or Transfer. No transfer, sale or assignment of Property Owner 's rights, interests and obligations hereunder, or any transfer of a Successor Owner’s rights, interests and obligations hereunder, shall occur without providing the City of Del Mar with a 60-day written notice to City prior to the transfer with information provided to City of the name and contract information of purchasing entity or transferee, as applicable. The City of Del Mar during the 60-day notice period may conduct reasonable due diligence of the transferee’s ability to abide by the terms of this Agreement.

C. Release Upon Transfer. Upon the transfer, sale, or assignment of all of Property Owner's rights, interests and obligations hereunder to any of Lots 5-8, pursuant to Section 6.A. and Section 6.B. of this Agreement, Property Owner shall be released from the obligations under this Agreement with respect to Property transferred, sold, or assigned, arising subsequent to the date of the effective date of such transfer, sale or assignment. In any event, the transferee, purchaser or assignee shall be subject to all the provisions hereof after the effective date of such transfer, sale or assignment.

D. Time for Notice. Within the sixty-day notice period and prior to the date escrow closes on any transfer of Property Owner’s Exhibit B 1682 September 15, 2026 October 8, 2026 Item 1 Item 8

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right, title or interest in or to all or any portion of the Property, Property Owner shall notify the City in writing of the name and address of the transferee.
6) Covenants Run with the Land
The terms of this Agreement are legislative in nature, and apply to the Property as a regulatory ordinance. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall run with the land and shall be binding upon the Parties and shall inure to the benefit of their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devices, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or other manner. 7) Conflict with State or Federal Law
In the event that State or Federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified (in accordance with Section 18 set forth below) or suspended as may be necessary to comply with such State or Federal laws or regulations. Notwithstanding the foregoing, u pon re as ona bl e not ic e t o the C it y, Property Owner and the City of Del Mar shall have the right to challenge, at its sole cost, in a court of competent jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if the challenge in a court of competent jurisdiction is successful, this Agreement shall remain unmodified and in full force and effect. 8) Procedure for Modification Because of Conflict with State or Federal Laws
In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 24.65 of the Del Mar Municipal Code. 9) Amendment or Cancellation of Agreement
This Agreement may be further amended or terminated only in writing and Exhibit B 1783 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
La Atalaya Re-subdivision
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in the manner set forth in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter 24.65 of the Del Mar Municipal Code. 10) Agreement is Entire Agreement
This Agreement and all exhibits attached hereto or incorporated herein by reference contain the sole and entire Agreement between the Parties concerning the Property. The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except representations set forth herein, and each Party acknowledges that it has relied on its own judgment in entering this Agreement. The Parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings with the other.
11) Events of Default
If legal action by either Party is brought because of breach of this Agreement, or to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorney's fees and court costs. Remedy for breach of this Agreement is limited to specific performance or declaratory relief and the award of fees and costs.
12) Severability
If any term or condition of this Agreement is for any reason held by a final judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a material change in this Agreement, then this entire Agreement shall likewise be invalid, and shall be deemed null and void and of no further force or effect following such judicial determination.
13) No Third Parties Benefited
No person other than the City, Property Owner, or their respective heirs, successors and assigns is intended to or shall have any right or claim under this Agreement, this Agreement being for the sole benefit and protection of the parties hereto and their respective heirs, successors and assigns. Similarly, no amendment or waiver of any provision of this Agreement shall require the consent or acknowledgement of any person not a Party or successor to this Agreement. 14) Relationship of Parties
It is understood that this Agreement is a contract that has been negotiated and Exhibit B 1884 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
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voluntarily entered into by City and Property Owner and that Property Owner is not an agent of City. The Parties do not intend to create a partnership, joint venture or any other joint business relationship by this Agreement. The City and Property Owner h e r e b y renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Property Owner joint venturers or partners. Neither Property Owner nor any of Property Owner's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Property Owner 's obligations under this Agreement. 15) Bankruptcy
The obligations of this Agreement shall not be dischargeable in bankruptcy. 16) Litigation
In the event that third-party litigation is initiated challenging City approvals of this Agreement, the expiration date under Section 2 (Duration), of this Agreement and the deadline for satisfactory installation Private Roadway and Utility Improvements, identified in Section 3-A-ii, shall be extended for a period equal to the length of time from the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final and not subject to appeal.
17) Force Majeure
Notwithstanding anything to the contrary contained herein, either Party shall be excused for the period of any delay in the performance of any of its obligations hereunder, except the payment of money, when prevented or delayed from so doing by certain causes beyond its control, including, and limited to, major weather differences from the normal weather conditions for the Del Mar area, war, acts of God or of the public enemy, fires, explosions, floods, earthquakes, invasions by non-United States armed forces, failure of major transportation facilities due to no fault of the Parties, strikes of employees causing major impacts to the supply chain other than Property Owner's, freight embargoes, pandemics or epidemics that substantially interfere with either Party’s ability to perform its activities contemplated herein, sabotage, riots, acts of terrorism and acts of the government that would preclude Project development (other than the City). The Party claiming such extension of time to perform shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension. 18) Rules of Construction and Miscellaneous Terms
A. The singular includes the plural; the masculine gender Exhibit B 1985 September 15, 2026 October 8, 2026 Item 1 Item 8

DEVELOPMENT AGREEMENT
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includes the feminine; "shall" is mandatory, "may" is permissive.

B. Time is and shall be of the essence in this Agreement.

C. Where a Party consists of more than one person, each such person shall be jointly and severally liable for the performance of such Party's obligation hereunder.

D. The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the provisions thereof.

E. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California in effect on the date thereof. 19) Action by Third Party
If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the Parties shall cooperate in defending such action. Property Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding.
20) Notices
All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service.

Notices to the City shall be addressed as follows:

TO CITY:

City of Del Mar Attn: City Manager
1050 Camino del Mar Del Mar, CA 92014
TO PROPERTY OWNER:

La Atalaya LLC, 690 Serpentine Drive, Del Mar, CA, 92014 A party may change its address for notice by giving notice in writing to the other party and thereafter notices shall he addressed and transmitted to the new address.

Exhibit B 2086 September 15, 2026 October 8, 2026 Item 1 Item 8

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IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written.

CITY OF DEL MAR
LA ATALAYA, LLC (Property Owner)
ATTEST:

City Clerk Date
APPROVED AS TO FORM:

City Attorney Date
Exhibit B 2187 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1

DEVELOPMENT AGREEMENT
La Atalaya Re-Subdivision

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Exhibit B 2288 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
4/28/26

LEGAL DESCRIPTION OF PROPERTY
LOT O AND A PORTION OF LOT G IN BLOCK 12 OF ARDEN HEIGHTS NO. 3, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1285, FILED IN THE OFFICE OF THE CONTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 22, 1910,

TOGETHER WITH THOSE PORTIONS OF THE ALLEYS ADJOINING SAID LOTS, AS VACATED, ALSO A PORTION OF LOT U IN BLOCK 12 OF ARDEN HEIGHTS NO. 3, IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1343, FILED IN THE OFFICE OF THE CONTY RECORDER OF SAN DIEGO COUNTY JUNE 5, 1911, TOGETHER

WITH THE ALLEY ADJACENT TO LOT U,
ALSO PARCELS 1 THROUGH 4 OF CERTIFICATE OF COMPLIANCE COC-96-1 RECORDED OCTOBER 14, 1996 AS INSTRUMENT NO. 1996-0520699, 1996-0520700, 1996-0520701 AND 1996- 0520702.

ALL AS DEPICTED ON LA ATALAYA TRACT MAP 18-004 IN THE CITY OF DEL MAR, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS APPROVED BY THE CITY OF DEL MAR.

Exhibit B 2389 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1

DEVELOPMENT AGREEMENT
La Atalaya Re-Subdivision

EXHIBIT B
COPY OF CITY COUNCIL RESOLUTION No. 2021-05
Exhibit B 2490 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
RESOLUTION NO. 2021-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, TO ADOPT A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING REPORTING

PROGRAM AND APPROVING A TENTATIVE TRACT MAP
(TTM18-004), COASTAL DEVELOPMENT PERMIT (CDP18-016),
AND CONDITIONAL USE PERMIT (CUP18-004) TO SUBDIVIDE
EIGHT LOTS TOTALING APPROXIMATELY 18.1 ACRES OF LAND
KNOWN AS "LA ATALAYA" INTO EIGHT RECONFIGURED LOTS

SOUTH OF SAN DIEGUITO DRIVE, NORTH OF ZAPO STREET,
EAST OF GATUN STREET, AND WEST OF SERPENTINE DRIVE;

TO MAKE RELATED ROADWAY AND UTILITY IMPROVEMENTS
WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property commonly referred to as "La Atalaya" identified by Assessor Parcel Numbers (APNs) 299-200-65-00, 299-261-43-00, 299-261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200- 62-00, and 299-200-63-00; and
WHEREAS, the Applicant applied for a Tentative Tract Map (TTM18-004), Coastal Development Permit (CDP18-016), and Conditional Use Permit (CUP18-004), to reconfigure eight existing lots and make associated roadway and utility improvements; and WHEREAS, the Project site is located within the R1-40 Zone (Very Low Density Residential), the Bluff, Slope and Canyon Overlay Zone (BSC-OZ), the Lagoon Overlay Zone (L-OZ), and the Open Space Overlay Zone; and
WHEREAS, the Project requests a Wetland Buffer reduction pursuant to Del Mar Municipal Code (DMMC) Section 30.53.100 in the L-OZ from 100 feet to 50 feet; and WHEREAS, the City determined that the Project was subject to the California Environmental Quality Act (CEQA) and as such, prepared an Initial Study and Mitigated Negative Declaration (IS/MND) (State Clearinghouse (SCH) No. 2020100558) for the project. The IS/MND was prepared in accordance with applicable law, including CEQA, Public Resources Code of Regulations section 21000 et seq., the CEQA Guidelines, 14 California Code of Regulations section 15000 et seq., and the City's Supplemental CEQA Regulations. The IS/MND was circulated for a 30-day review period to the public, responsible agencies, and other interested persons for review and comment for between October 29, 2020 to November 30, 2020; and
WHEREAS, written comments were received on the IS/MND during the 30-day review period; and
WHEREAS, the IS/MND concluded that the implementation of the Project will have less than significant impacts with mitigation measures included for potential adverse impacts to Biological Resources, Cultural Resources, Noise, and Tribal Cultural Resources; and
Exhibit B 2591 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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WHEREAS, under CEQA, a lead agency makes a determination on a Project requiring the implementation of measures to mitigate or avoid significant effects on the environment; and CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation. As such, a MMRP has been prepared for the Project for consideration by the City of Del Mar City Council as the decision-maker and lead agency for the Project; and
Whereas, the City of Del Mar City Hall located at 1050 Camino del Mar, Del Mar, CA 92014 (online at www.delmar.ca.us) is the custodian of the documents and other material which constitutes the record of proceedings upon which a decision is based; and WHEREAS, on January 12, 2021, the Planning Commission of the City of Del Mar held a public hearing to consider a recommendation to the Del Mar City Council regarding adoption of the IS/MND and MMRP and approval of TTM18-004, CDP18-016, and CUP18- 004, and at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the Applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated January 12, 2021, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing; and WHEREAS, the Planning Commission received testimony from neighboring properties primarily concerned by potential impacts related to the relocation of a public sewer line from proposed Lot 1 into the adjacent unimproved public alley and the improvement of a service road to access an existing manhole in a public alley; and WHEREAS, on January 12, 2021, the Planning Commission of the City of Del Mar recommended to the City Council adoption of the IS/MND and MMRP and approval of TTM18-004, CDP18-016, CUP18-004, and SV20-001; and for staff to research alternatives to the sewer and alley improvements adjacent to proposed Lot 1; and WHEREAS, staff from the Planning and Community Development Department met with the City Engineer/Public Works Director who determined that the sewer relocation and alley improvements adjacent to proposed Lot 1 could be re-evaluated at the time of any future residential development and that alternatively the requirement of an easement over the existing sewer line would be an appropriate condition of approval for the TTM; and WHEREAS, on January 19, 2021, the Applicant submitted a revised TTM to omit the sewer and alley improvements; and
Exhibit B 2692 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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WHEREAS, on February 1, 2021, the City Council of the City of Del Mar held a public hearing to consider adoption of the IS/MND and MMRP and approval of TTM18-004, CDP18-016, and CUP18-004, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the Applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated February 1, 2021, 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 City Council of the City of Del Mar, California, that the City Council adopts the Mitigated Negative Declaration (SCH No. 2020100558) for Project and the associated Mitigation Monitoring and Reporting Program, based on the following findings:

1. That the revised Mitigated Negative Declaration (SCH No. 2020100558) for the Project has been prepared in compliance with the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et seq.), as amended, and the CEQA Guidelines thereto (14 California Code of Regulations Section 15000 et seq.);

2. That the MND for the Project reflects the independent judgment of the City of Del Mar as the lead agency;

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

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that the Tentative Tract Map (TTM18-004) for the above-mentioned subdivision of property be approved based upon the following findings:

1. The proposed map is consistent with the Del Mar Community (General) Plan in that the proposed residential use and density of development are permitted under the General (Community) Plan requirements;

2. As conditioned, the design and improvement of the proposed subdivision is consistent with the General (Community) Plan in that the design provides sufficient lot area and street access for proper development;

3. The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential subdivision and potential future development in the R1-40 Zone;
Exhibit B 2793 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

4929-9842-5521, v. 1

4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Subdivision and Zoning Ordinances;

5. As conditioned, the design of the subdivision and the proposed improvements are not anticipated to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as determined by CEQA review analyzed in the IS/MND;

6. As conditioned, the design of the subdivision and the type of improvements are not anticipated to cause serious public health problems, as determined by CEQA review analyzed in the IS/MND;

7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at-large and which are recorded or established by judgment of a court of competent jurisdiction;

8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been approved by the City Engineer as being consistent with those requirements; and

9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that Coastal Development Permit (CDP18-016) for the above-mentioned subdivision of property and associated roadway and utility development be approved based upon the following findings:

1. That the use for which the CDP is applied is permitted within the zone in which the property is located;
The reconfiguration of land for eight lots intended for residential use is permitted within the R1-40 (Very Low Density Residential) Zone in which the property is located;

2. That the proposal meets the criteria of the applicable chapters of this Title; The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapter 30.10 (R1-40, Very Low Density Residential), Chapter 30.52 (Bluff, Slope and Canyon Overlay Zone), Chapter 30.53 (Lagoon Overlay Zone), Chapter 30.60 (Open Space Overlay Zone), Chapter 30.61 (Public Access), and Chapter 30.80 (Parking);

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP); Exhibit B 2894 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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The CDP, as conditioned, will be in conformity with the certified City of Del Mar LCP with respect to resource protection standards, avoidance of hazards regulations and public access standards;

4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act;
The development, which is located within an identified Public Access Trail site along the frontage of proposed lots 5-8 in the City's Land Use Plan of the City's Local Coastal Program, as conditioned, is consistent with and implements the applicable requirements for provision of public access contained in City's certified LCP and in the public access and public recreation policies of Chapter 3 of the California Coastal Act;

5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act;
Due to the site's location, no shoreline protection devices are proposed or required as part of this project;

6. That the proposal is consistent with and implements the provisions of public view protection Policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan;
The project is consistent with and implements the provisions of public view protection policies of the City's certified LCP, including those of the LCP Land Use Plan;

7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan; The development proposal, which is partially located in the L-OZ, as conditioned, is consistent with and implements the provisions of that L-OZ, as contained within the City's LCP Implementing Ordinances and Land Use Plan.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that Conditional Use Permit (CUP18-004) for the above-mentioned subdivision Exhibit B 2995 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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of property and the associated roadway and utility improvements be approved based upon the following findings:

1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located;
The current request to improve a private street referred to as "La Atalaya Way'' and the potential future development of single-family residences with associated amenities are permitted in the R1-40 Zone, BSC-OZ, and the L-OZ;

2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and zone in which the property is located;
The established character of the surrounding neighborhood is one of single-family residences and vacant residential lots located within the R1-40 Very Low Density Residential Zone, BSC-OZ, Open Space Zone, and the L-OZ. The project has been reviewed to ensure that it would not adversely affect the natural resources found in the referenced Overlay Zones. As the application for subdivision only proposes a reconfiguration of lots with no net new lots created, and associated roadway and utility improvements at this time, any other potential improvements have been shown for conceptual and environmental review purposes (the project does not include the development of new residences). As such, the granting of the CUP would not be injurious to the property or improvements in the vicinity of the site;

3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;
The proposed residential use is properly located within the community. Any future development of a single-family residence would be an allowed use within the R1- 40 Zone and associated Overlay Zones. As conditioned, this subdivision project involving the re-configuration of eight legal parcels of land into eight zoning and subdivision compliance residential parcels would not place an undue burden upon public streets or public facilities. Further, the proposed request includes the vacation of two public easements and one undeveloped "paper alley'' all of which are no longer in use and not needed for future City services in the area;

4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as are required by this Chapter or as are needed, in the opinion Exhibit B 3096 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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of the Planning Commission, or City Council on appeal, are properly provided to be compatible and harmonious with nearby uses;
The requirements of the R1-40 Zone call for a minimum lot size of 40,000 square feet in area. The eight developable lots would result in at least a 40,000 square feet minimum lot size required for the R1-40 Zone. The lots are of sufficient size to accommodate all uses and improvements required by the zone while maintaining the required yards, steep slope setback areas, and 50-foot wetland buffer areas of the R1-40 Zone, BSC-OZ, and L-OZ;

5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan;
This CUP request involves a proposal to reconfigure eight lots of approximately

18.1 acres of land into eight different lots and to construct roadway and utility improvements within the BSC-OZ and L-OZ. As proposed and conditioned, the subdivision would be consistent with the use, density, and property development standards of the R1-40 Zone; the standards for protection of sensitive natural resources of the BSC-OZ and L-OZ; and the access, public view, and resource protection standards of the City's certified LCP.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that the steep slope encroachment required for the private street improvement across proposed Lots 5-8 be approved based upon the following finding:

1. Pursuant to DMMC Section 30.52.060A1.d, improvements are allowed to encroach into the steep slope area by 10% when less than 75% of the site contains steep slopes and a finding can be made that there is no feasible alternative to slope encroachment;
The private street improvements encroach into the steep slope areas by approximately 4%, which is less than the allowable 10%. The new roadway would be roughly located where the existing driveway currently crosses the existing two lots, so placement of the new road in the existing location would minimize the amount of new disturbance to the steep slopes and steep slope setbacks. Given the steep slopes to the south and the wetland buffer to the north of the lots, it appears that slope encroachment is required in order to have an adequate building site outside of the protected resources for future residences.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that as required by the Bluff, Slope, and Canyon Overlay Zone for the abovementioned subdivision of property be approved based on the following findings:

1. The proposed design and improvements of the subdivision will be consistent with the criteria of the Bluff, Slope, and Canyon Overlay Zone; Exhibit B 3197 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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The proposed design and improvements of the subdivision would be consistent with the criteria of the BSC-OZ in that each lot has demonstrated that there are buildable areas outside of the steep slope and steep slope setbacks;

2. No subdivision shall be approved which creates a lot or lots that are composed entirely or nearly entirely of substantial steep slopes as defined in this Chapter; The subdivision has been created in such a way that each of the vacant lots would have a maximum of 75.1% or less steep slopes which leaves a building site of 25% or greater outside of the substantial steep slopes;

3. No subdivision or boundary adjustment shall be approved for creation or realignment of a lot(s) that would be incapable of supporting subsequent construction with the provision of the steep slope setbacks specified in the Bluff, Slope, and Canyon Overlay Zone;
As designed, the subdivision has demonstrated the ability to support construction outside of the steep slopes and steep slope setbacks.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that the request for a wetland buffer reduction pursuant to DMMC Section

30.53.100(8) from 100 feet to 50 feet for proposed Lots 5-8 be approved based upon the following finding:

1. That the physical characteristics of the site, such as the size and dimensions of the property are adequate to protect the resources of the adjacent wetlands, based on site-specific factors. When making such a finding, the Planning Commission shall, in consultation with the California Department of Fish and Game, consider site-specific factors such as the type and size of the development proposed; the mitigation measures provided (such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland transitional habitat; or other similar factors which will serve to contribute to the purposes of a wetland buffer area;
A 50-foot wetland buffer is appropriate because of the location of San Dieguito Drive, the existing onsite historic Snake Wall, which consists of a six-foot-tall masonry barrier that isolates the project boundary from off-site wetland resources, and the inclusion of an open space easement which would protect

0.51 acres of Southern Maritime Chaparral. The Snake Wall has served well to prevent domestic animals from obtaining access into the wetlands.

Implementation of a full 100-foot wetland buffer does not appear the security of the San Dieguito wetlands and reduction in the wetland buffer does not appear to result in any further protection of the wetlands from the existing conditions in any way. However, establishment of a 100-foot wetland buffer would substantially limit the future potential development of the parcels at the northern Exhibit B 3298 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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portion of the site further into the steep slopes. This would result in an adverse impact upon Southern Maritime Chaparral and could create potential visual impacts. Further, the City has received concurrent from California Department of Fish and Wildlife for a reduction in wetland buffer from 100 feet to 50 feet.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that as required by the Lagoon Overlay Zone for the above-mentioned subdivision of property be approved based on the following finding:

1. No subdivision shall be approved unless a finding is made that the proposed design of the subdivision and its improvements will be consistent with the criteria of the Lagoon Overlay Zone. Specifically, no subdivision shall be approved for creation of a lot(s) which would be incapable of either: 1) supporting the construction of a use allowed within the underlying zone; or 2) supporting such construction with provision of the applicable wetland setbacks and other resource protection measures required pursuant to this Chapter. In reviewing the subdivision proposal, there shall be consideration of the probable impacts that the project, including subsequent development on the lot(s), will have on preservation of wetlands resources;
As evidenced by a Future Development Planning Study, in the event that future development of new residence(s) on the six vacant lots could be supported outside of the proposed 50-foot wetland buffer and would be required to meet the development standards of the L-OZ.

AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that applications TTM18-004, CDP18-016, and CUP18-004 are approved subject to the following conditions:
[Note: The conditions listed below may have intentional gaps in numbering or lettering.} General Conditions:

G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.

G-3 [Development Authorization Limited to Plan Set]
The approvals are granted based on submitted plans dated January 19, 2021 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.

Exhibit B 3399 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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G-4 [Encroachment Permit for Work in Right-of-Way]
Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this actions, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit. Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that Design Review Board or Planning Commission approval of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.

G-5 [Requirement for Development/Building Permits]
Prior to commencement of work, the applicant or agent shall obtain all required Development/Building Permits.

G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code or other applicable City regulations in effect at the time of Development/Building Permit issuance, unless specifically waived in this approval authorization.

G-11 [Plan for Construction-Phase Impacts]
Prior to issuance of Development/Building Permits or commencement of project implementation (whichever comes first), the applicant shall provide a plan for constructionphase parking and equipment/materials storage for the project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking spaces which will remain available throughout the duration of the project;
d. Location of any temporary sanitary facilities;
e. A note stating that "If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained";
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);

1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the project.

The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit.

The requirements mentioned above may be modified by the Exhibit B 34100 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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Planning and Community Development Director upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.

G-11A In addition to the submittal of a Construction Phase Impact Plan, the applicant must place a Construction Parking Placard in all vehicles associated with the project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the project. A Construction Parking Placard can be obtained from the City of Del Mar Planning and Community Development Department.

G-13 [Permit Expiration]
The Conditional Use Permit (CUP18-004) and Coastal Development Permit (CDP18-016) shall each expire three (3) years from the date of approval. The Tentative Tract Map (TTM18-004) shall expire twenty-four (24) months after its approval or conditional approval by the City Council. Upon application received at a meeting of the City Council at least sixty (60) days prior to the expiration of TTM18-004, the City Council may extend the time of expiration for a period not to exceed three (3) years from the date of approval of TTM18- 004.

G-14 [Preconstruction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. Attendees to this meeting shall include representatives from the City of Del Mar's Planning and Community Development Department, City Engineer, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this project. At a minimum, the following issues shall be reviewed at this meeting:
a. City of Del Mar inspection requirements.
b. Process for requests for plan modification and determinations of substantial conformance.
c. Discretionary permit conditions and requirements.
d. Construction hour limitations and noise standards.
e. Construction access and parking including equipment/materials storage and maintenance.
f. Work within public rights-of-way and/or easements.
g. Stormwater Best Management Practices.
h. Tree-preservation requirements.
i. Demolition permit requirements.
j. Signage requirements/limitations.
k. Neighborhood impact issues.

I. Key contact information.
m. Business license requirements.
n. Construction and demolition waste diversion requirements o. Any other pertinent construction related activities and or information.

Exhibit B 35101 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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G-15 [Statement of Accuracy/Agreement Regarding Third-Party Lawsuits] Prior to the issuance of Building Permits or project commencement, whichever comes first, the applicant shall submit a statement regarding the accuracy of submitted plans/materials and agreeing to hold the City of Del Mar harmless from third-party lawsuits filed challenging the City's approval of these approvals. The agreement shall also include a commitment to defend the City of Del Mar from any third-party lawsuits filed challenging the City's approval of this permit. The form and content of the statement and agreement required herein shall be subject to the review and approval of the Planning and Community Development Director.

G-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. Monday through Friday, and between 9:00 a.m. and 7:00 p.m. on Saturdays.

Construction activities are prohibited during other hours and on Sundays and City Holidays.

The City's Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City's web page (www.delmar.ca.us).

G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert at 800-227-2600) for a mark out of service utilities.

G-18 [Rules for Construction-Related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter

30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.

The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.

All construction related signage, including City required signs, shall be removed prior to final approval of the project.

Fire Conditions:

F-2 [Access Road Minimum Dimensions]
Any new fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. Exception:

Single-Family residential driveways serving no more than two (2) single-family dwellings shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width.

Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide allweather driving capabilities.

Exhibit B 36102 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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• The fire apparatus access road shall comply with the requirements of California Fire Code (CFC) Section 503 with local amendments and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building. • Any existing access roadways shall be required to meet Access Road Minimum Dimension requirements, pursuant to the CFC with local amendments, in place at the time of new development on any of the proposed parcels.

F-4 [Dead Ends]
Any new dead-end fire access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking.
• Any existing access roadways shall be required to meet Dead End requirements, pursuant to the CFC with local amendments, in place at the time of new development on any of the proposed parcels.

F-5 [Grade]
The gradient for a new fire apparatus access roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). • Any existing access roadways shall be required to meet the grade requirements, pursuant to the CFC with local amendments, in place at the time of any new development on the proposed parcels.

F-6 [Gates}
All new gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall be installed per Del Mar Fire Department standards.

F-7 [Response Maps]
Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps.

Exhibit B 37103 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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F-8 [Construction Materials]
Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:

1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;

2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and

3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.

F-10 [Obstruction of Roadways During Construction]
All roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Del Mar Fire Department.

F-11 [Fire Hydrants and Fire Flows]
The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Del Mar Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multifamily residential or industrial fire hydrants shall have two (2) 4" inch and two (2) 2 ½" inch NST outlets. Residential fire hydrants shall have one (1) 4" inch NST outlet, and one (1) 2 ½" inch NST outlets.

F-12 [Fuel Modification Zones/Fire Breaks]
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Del Mar Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.

F-13 [Address Numbers]
Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size:
4" high with a ½" inch stroke width for residential buildings, 8" high with a ½" stroke for commercial and multi-family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building comers, and entrances to commercial centers.

F-14 [Address Numbers for Structures Located Off Roadway] Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker.

Exhibit B 38104 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

F-15A [Automatic Fire Sprinkler System-One- and Two-Family Dwellings] Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation.

F-16 [Fire Resistive Construction Requirements for Wild/and/Urban Interface Areas] Structures shall meet all wildland/urban interface standards to the satisfaction of the Fire Department. Structures shall comply with current California Building Code Chapter 7A.

F-18 [Class ''A" Roof]
All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Del Mar Fire Department.

Local Coastal Program:

LCP-1 [Prohibition on Grading During the Rainy Season]
In accordance with DMMC Sections 30.52.120 A4 and 30.53.140 C no grading shall occur between November 15th of any year and March 15th of the following year, unless specifically authorized through the written approval of the Planning and Community Development Department Director.

LCP-2 [Coastal Development Permit Appealable]
This project is located within the Coastal Appeal Zone. The City's action on CDP18-016 may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and DMMC Chapter 30.75.

Special Conditions:

SC-1 [Indemnification]
The permittee/owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Del Mar, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval or permit. The City will promptly notify the permittee/owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

SC-2 [Open Space Deed Restrictions]
Prior to City Council approval of the Final Map, the applicant shall record the following open space deed restriction against the deed for the property:

1. An open-space deed restriction shall apply to the area of the 50-foot wetland buffer along Lots 5-8. The purpose of the deed restriction is to preclude development that would encroach into or cause impacts to the San Dieguito Lagoon and wetlands.

The deed restriction shall prohibit the development and/or placement of structures or landscaping in the affected area. Prior to recordation, the form and content of the easement language shall be reviewed and approved by the City.

Exhibit B 39105 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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SC-3 [Requirement for Design Review and Land Conservation Permits] In accordance with the DMMC, implementation of the proposed CDP and CUP shall be subject to the separate receipt of valid DRB and LC permits. Implementation of the CDP and CUP granted herein shall be subject to compliance with all terms and conditions of said DRB and LC permits.

SC-4 [Recordation of Access Easements]
Prior to the recordation of the Final Map, the applicant shall provide evidence of all required recorded easements for continued use of that portion of the private access drive that extends over off-site properties. The form and content of the easement(s) shall be subject to the review and approval of the Planning and Community Development Director.

SC-5 [Satisfaction of Requirements of Related Alley/street Vacation] Prior to the recordation of the Final Map, the applicant shall provide evidence that all conditions of approval of the Street/Alley Vacation for that portion of the un-named alley adjacent to Lots 2 and 4 that were approved by the City Council, and that all required documents have been executed and, where applicable, recorded against the deed for the properties. The submitted evidence shall be subject to the review and approval of the Planning and Community Development Director.

SC-6 [Prohibition of Highly Invasive Vegetation]
California Invasive Plant Council (Cal-lPC) high rate plants shall not be included on any site plan, landscape plan, or development proposal located within the boundaries of the TTM18-004 subdivision.

SC-7 [Protection of Snake Wall]
The "Snake Wall" masonry perimeter wall shall be protected in place. Modifications to the wall may be considered, provided all City approvals have been obtained and compliance with Mitigation Measure CUL-1 (Snake Wall Modification) is demonstrated, for access to Lot 1 and as required by the City to address health and safety concerns or to satisfy any other conditions of the subdivision approval associated with Lot 1 or any other lot.

Engineering Conditions:

E-1 [Private Access Road]
Prior to issuance of approval of the Final Map, the applicant shall prepare and receive approval for, a private Roadway and Utility Plan for the access drive to Lot 5, 6, 7 and 8.

The required Plan shall also include the installation of those measures necessary to provide sewer, water, storm drain, and other utilities to serve the proposed project.

In addition to identifying the manner in which access and utilities are to be provided, the Improvement Plans shall address the following:

E-1A The manner in which storm water from the project site and its impervious surfaces will be collected and conveyed to public storm water runoff systems; E-1B The discharge location of proposed storm drains as depicted in approved TM 18-004;
Exhibit B 40106 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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E-1C The grading required to install utility lines and widen access driveway/ private roadway (known as La Atalaya Way);
E-1D The location and size of the existing or proposed utilities to serve the proposed project (i.e., sewer, water, storm drain, etc.); E-1E Applicant shall design La Atalaya Way (from San Dieguito Drive) to accommodate a Fire Truck turning south bound onto the Alley from east bound San Dieguito Drive. Additionally, the applicant shall ensure that a Fire Truck can make a left-hand turn from the Alley onto east La Atalaya Way and make the hammer head turn at the terminus of La Atalaya Way.

Applicant shall make any modifications to the Alley and La Atalaya Way to ensure emergency vehicle access in and out the development. This may include removal and reconstruction of existing facilities; E-1F All proposed utilities within the project shall be installed underground in accordance with current utility engineering practices. Existing aerial utilities shall be removed and/or placed underground, as required by the City Engineer;
E-1G Letter(s) of permission to grade/improve from adjoining property owner affected by the Access Road shall be obtained. The applicant shall also furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements prior to any construction within these areas;
E-1H San Dieguito Drive shall have dig-outs performed and be Slurry Sealed (full width) adjacent to the property frontage, as indicate on Tentative Map or as directed by the City Engineer (or representative) in the field; E-11 A Private Road Maintenance agreement shall be incorporated into the CC&R for the project;
E-1J Applicant shall comply with all applicable requirements of the Uniform Fire Code and Fire Marshall requirements;
E-1K The applicant shall pay for and install all street name signs, traffic regulatory and warning signs, and any necessary street striping and markings required by the City Engineer. Street striping and markings shall be raised ceramic markers or thermoplastic material, as directed by the City Engineer. The applicant shall also pay for and install blue reflective markers two feet (2') off the center line of the street line adjacent to all fire hydrants; E-1L Any existing City Improvements, within the public right-of-way that are damaged by the applicant or his agents or employees, shall be repaired by the applicant at his own expense;
E-1M The proposed on-site storm drain system shall be constructed to the satisfaction of the City Engineer;
E-1N The applicant shall comply with all applicable National Pollutant Discharge Elimination System (NPDES) requirements to the satisfaction of the City Engineer;
E-1O The removal and replacement of the existing perimeter wall at the easterly intersection of San Dieguito Drive and the un-named alley shall be performed to accommodate the line of site requirements established by the Exhibit B 41107 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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City Traffic Engineer. All as depicted on sheet 6 of the approved Tentative map;
E-1P Following construction completion, the project Engineer shall inspect as-built improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project Engineer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan; E-1Q The applicant shall provide an adequate reliable water supply for fire protection with a minimum fire flow as specified by the Fire District. Fire flow calculations must include water pressures as specified by the City Engineer. All hydrants shall be tested to ensure actual flows meet or exceed Fire District requirements and the City of Del Mar requirements. The applicant shall provide written acceptance of these flows by the Fire District; E-1R Applicant will pay a $6,000 in-lieu fee for the planned Riverpath Phase Ill trail extension;
E-1S The applicant shall provide joint trenching for telephone, gas, electric, cable TV and fiber optic service for every vacant parcel; and E-1T The public improvements listed above the applicant shall post a security in the form of a bond or cash deposit valued at 150% of the estimated costs of the required improvements. The development agreement shall include the stipulation that all improvements for which security is being posted will be completed within 24 months of the date of approval of the plans. Upon completion of the work to the satisfaction of the City Engineer, the cash deposit or security shall be returned to the applicant, less any amount utilized by the City as outlined in the agreement, and less 25% of approved engineer's estimate, which will be retained as a warranty security. The warranty security shall be held pending City inspection one (1) year following completion of the work. The warranty security may be used at that time to correct deficiencies, if any, and the remainder returned to the applicant. Agreements shall be of a form and type acceptable to the Planning and Community Development Director, City Engineer and City Attorney.

E-2 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of access road and/or utility lines as proposed or required pursuant to the conditions of these approvals, shall be subject to the receipt of separate City permits, as applicable.

E-3 [Drainage Plan for Lots Affected by Private Access Road] Prior to the issuance of Permits, the applicant shall provide a detailed Drainage Plan for the project prepared by a Registered Civil Engineer. The Plan shall be prepared in accordance with the latest edition of the City's "Applicant's Guide to Procedures for a Grading Permit" and shall be subject to the review and approval of the Planning and Exhibit B 42108 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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Community Development Department Director in consultation with the City Engineer. The Plan required herein shall be prepared to minimize the amount of impervious surface area of the development and to maximize the on-site dissipation of storm water run-off. The Plan shall be in compliance with applicable NPDES stormwater requirements and shall incorporate the use of "Best Management Practices" (BMPs) to control runoff or discharge onto the City rights-of-way and to avoid run-off onto adjacent private properties.

In addition to the considerations listed above, the Plan shall also address/incorporate the following:

E-3A A topographical map indicating property lines, topographic features and existing and/or proposed structures prepared by a Registered Civil Engineer or a Licensed Land Surveyor. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information.

Survey shall extend minimum 25 feet beyond limits of work; E-3B The location of all existing or proposed easements within the property boundary;
E-3C The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard erosion control notes;
E-3D The manner in which drainage shall be controlled to eliminate the discharge of nuisance water and to ensure that existing or proposed private pipe outlets will not convey or discharge nuisance water onto adjacent properties or into the public right-of-way (i.e., from irrigation, pool/spa/water feature splash run-off, planter area drains, French drains, etc.);
E-3E Depict the existing and proposed sewer and water mains and laterals serving the residence;
E-3F Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the proposed development and access roadways. The report shall also address the tributary area for run-off directed to and across the subject property. The report shall include calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties. The report shall address both existing and proposed conditions; E-3G Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project;
E-3H Depict the location of erosion control devices to be implemented in the event of rainfall;
E-3I Depict the limits of grading;
E-3J Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City Engineer;
Exhibit B 43109 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

E-3K Ensure that the grading and other construction activities meet the provisions specified in the California Regional Water Quality Control Board (RWQCB), San Diego Region, Order R9-2013-0001, NPDES No. CAS0109266 - Section D.2 and subsequent orders;
E-3L Interception of run-off from the access roadway (La Atalaya Way) shall not direct flow to the existing un-named alley. This may be accomplished by incorporation of pervious driving surfaces, diversion to landscaped areas using swales or grates, etc. The project engineer's evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. Provide spot grades and/or contours to substantiate design; and
E-3M Following construction completion, the project designer shall inspect as-built improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan.

E-4 [Engineering Fee]
The applicant shall provide fees as delineated in the City's Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.

E-11 [Geotechnical Report Requirement]
Prior to issuance of Permits, the applicant shall provide a Geotechnical Report for the project. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:

E-11A Include all standard information as required by the City's Grading Ordinance;
E-11B Evaluate existing site constraints;
E-11C Evaluate potential effect of proposed construction on nearby slopes, sensitive topographic features and neighboring properties; E-11D Include a geotechnical evaluation of the long-term stability of adjacent slopes;
E-11E Provide any mitigation measures as necessary;
E-11F Provide recommendations for any special construction methods as necessary;
E-11Glnclude the preparation of field tests to be performed at the site during construction, so as to ensure that field conditions are suitable for the approved construction. The results of such tests may necessitate revisions Exhibit B 44110 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

to the project with such revisions subject to review by the appropriate City entities;
E-11H If retaining walls are required, give recommendations for back-cuts for the construction of retaining walls. These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill, or completing construction of the approved retaining walls. If the recommended time deadlines are not met, the applicant, by signing these conditions, grants the City permission to work on their private property to secure the back-cuts, and use the cash security to perform the work; E-111 If temporary shoring is required, the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits;
E-11J Address the feasibility of long term infiltration of stormwater runoff onsite, and if subdrains will be required for any proposed infiltration BMPs. If infiltration is not proposed or not feasible then the Geotechnical Engineer must specify why or indicate the areas where it is not feasible; E-11K Address the presence of groundwater and the need to provide subdrains for groundwater extraction. If extracted groundwater is discharged to surface waters, the project must comply with State RWQCB Order No. RS-2008- 0002; and
E-11L Provide R values for pavement sections of Access Roadway (La Atalaya Way).

E-12 [Authorization for Off-site Work]
E-12A Prior to the issuance Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines; and
E-128 The following note shall be included on the plans for the Permit: "No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties."
E-13 [Grading- Separate Permits for Bo"ow or Disposal Site] A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits. An Encroachment Permit will be required to identify the haul route proposed for this purpose. If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations.

E-15 [Priority Storm Water Mitigation Plan (SWMP)J
Prior to issuance of Development/Building Permits, the applicant shall submit a SWMP for City review and approval that addresses the following:

E-1SA Control the post-development peak storm water run-off discharge rates and velocities to maintain or reduce pre-development downstream erosion; E-158 Conserve natural areas;
E-1SC Minimize pollutants of concern from urban runoff through implementation of source control BMPs;
Exhibit B 45111 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

E-1SD Remove pollutants of concern from urban runoff through implementation of structural BMPs;
E-1SE Avoid directly connected impervious areas where feasible; E-1SF Protect slopes and channels from eroding;
E-1SGInclude storm drain stenciling and signage;
E-1SH Include properly designed outdoor material storage areas; E-151 Include properly designed trash storage areas;
E-1SJ Ensure that post-development runoff does not contain pollutant loads which have not been reduced to the maximum extent practicable; E-15K Comply with the City's BMP Design Manual;
E-1SL Include a detailed Operations and Maintenance Plan (O&M Plan) for all treatment control BMPs, that includes a minimum, the designated responsible parties to manage the stormwater BMPs, employee training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of any additional required permits; cost estimate for implementation of the O&M Plan; E-15MDemonstrate the funding mechanism to ensure ongoing long-term maintenance of all structural post construction Best Management Practices (BMPs);
E-1SN Identify affected receiving water bodies; and
E-15O Include an exhibit that clearly shows the limits and quantities of impervious area in both the pre and post development conditions.

The structural BMPs required herein shall be designed so as to filter or treat the volume or flow outlined in the numeric sizing criteria outlined below:

Volume
Volume-based BMPs shall be designed to filter or treat the volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record.

E-16 [BMP Details]
Prior to issuance of Development/Building Permits, all post construction BMPs shall be shown in detail on the construction plans and submitted to the City for review and approval.

For all post-construction treatment control BMPs, submit an operation and maintenance manual detailing requirements for the property owner to maintain BMPs into perpetuity. An easement shall be granted to the City for inspection of post-construction treatment control BMPs as needed. The project shall comply with the existing and subsequent Del Mar Jurisdictional Urban Runoff Management Plan and the State of California and NPDES.

E-17 [SWPPP Requirement]
Prior to issuance of Development/Building Permits, the applicant shall submit for City review and approval and implement a Storm Water Pollution Prevention Plan (SWPPP), to manage storm water and non-storm water discharges from the site at all times. The SWPPP shall describe all BMPs to be implemented year-round. Specific BMP implementation may be dependent upon wet or dry season operations. The SWPPP shall Exhibit B 46112 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

also emphasize that erosion prevention is the most important measure for keeping sediment on-site during construction. The applicant shall provide evidence of existing coverage under the State of California's statewide General NPDES Permit for Storm Water Discharges Associated with Construction Activities at all times.

E-18 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction - NEVER as a single or primary method.

E-18A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans;
E-18B The applicant shall minimize exposure time of disturbed soil areas; E-18C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; and E-18D The applicant shall stabilize all slopes per City approved method.

E-19 [Required Backflow Prevention]
If the project authorized by this permit will involve installation or retention of any plumbing drainage fixtures at a level below that of the PUBLIC sewer main serving the project site, the applicant shall install a private backflow prevention device on their private lateral per the requirements shown below.

The plans shall be submitted prior to the issuance of Development/Building Permits and shall be according to the Uniform Plumbing Code and subject to the review and written approval of the Planning and Community Development Director and City Engineer. Once installed, the private backflow prevention device(s) shall be subject to inspection by the City Engineer prior to final sign off for the project.

E-20 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Development/Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.

E-22 [Compliance with City of Del Mar JURMPJ
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).

Exhibit B 47113 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021·05

E·24 [Design of Inlets/outlets]
Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties.

E-30 [Peak Runoff Mitigation]
The proposed improvements shall result in a net decrease in impervious area. If this is considered infeasible, the applicant must submit a Hydrology and Hydraulics report. The report must demonstrate that the project mitigates the increase in peak runoff through the use of acceptable Low Impact Development (LID) features.

E-34 [Utility Service]
If any new or modified connections to the water or sewer mains in the public right-of-way are proposed, additional plan sets and review fees may be required.

E-38 [Stormwater Compliance]
Stormwater compliance requirements are subject to change based on adoption of revisions to state and local regulations. Recent changes to the regulations include the following: revised Priority Development Project definitions, additional/revised hydromodification mitigation requirements, and increased emphasis on on-site retention/re-use. These changes could significantly impact the design, type, and size of BMPs necessary for compliance. The new regional MS4 Permit (Order No. R9-2013- 0001) was adopted May 8, 2013.

E-39 [Site Conditions]
E-39A The applicant, in order to reduce tracking of mud throughout the City, shall be responsible for cleaning up or any expenses incurred by the City for cleaning up mud, debris, etc. from City streets, that is attributed to this project during construction;
E-398 The applicant shall restrict hours of work for the use of heavy equipment during grading and improvements between the hours of 7:30AM to 5:00PM, this includes the warm up of equipment. Saturday, Sunday and City holiday work is prohibited;
E-39C Any relocation or under grounding of SDG&E facilities or other utilities shall be done at the applicant's expense;
E-39DAII activities undertaken in accordance with this Tentative Subdivision Map shall comply with the City's General Plan and Municipal Code. In cases of conflict between the City's Municipal Code, these standard conditions of approval, or Tentative Map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) City's Municipal Code regulations; 2) City's General Plan; 3) Standard Conditions; and E-39E The applicant is responsible for notifying all sub-contractors of the Best Management Practices {BMP's) to be implemented. Applicant is responsible for compliance by all subcontractors. Failure to comply with the approved construction BMP's will result in the issuance of verbal warnings, Exhibit B 48114 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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correction notices, administrative citations or a project stop work order. City shall provide verbal and written notice of the violation prior to the issuance of a stop work notice;
E-40 [Map Conditions]
E-40A The applicant shall record CC&R's at the time of recordation of the Final Map creating the individual lots of this subdivision. The CC&R's will provide for a manager to be responsible for maintenance and repair, with each lot owner responsible for its pro rata share of the maintenance costs. The manager may be an owner, a third-party manager designated by the owners, or a special purpose entity such as an owners' association. The CC&R's shall be subject to the review and approval of the City Attorney and Community Development Director prior to recordation of the final parcel map, and shall include the following:

The manager shall be responsible for the maintenance of all common areas, such as landscaping, parking, and access roads;
E-408 Right of way or easement acquisitions necessary to implement any portion of this Final Map, including public improvements, shall be obtained by the applicant at its sole expense prior to the City's consideration of the Final Map which encompasses the particular improvement;
E-40C The applicant shall provide and show on the Final Map all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City. These include but are not limited to the following:
a) Reciprocal assess easement along La Atalaya Way for the benefit of Lots 3 and 5 through 8.
b) Utility access easement along La Atalaya Way for the benefit of the City of Del Mar and other utility purveyors for Lots 5 through 8. c) The vacation and quitclaim of easements listed on sheet one of the Vested Tentative Map.
d) The unnamed alley east of proposed Lot 4 will not be vacated by the City.
e) The applicant shall provide, on the final map, a 15-foot wide sewer easement in favor of the City of Del Mar for the existing 6" VCP sewer main within proposed Lot 1;
E-40D Final Map shall be in substantial conformance to the approved Tentative Map and must be submitted to the City Engineering Department for review and approval. The Final Map shall be prepared, wet signed and sealed by a Civil Engineer or Land Surveyor, registered in the State of California and licensed to prepare Final Maps; and
Exhibit B 49115 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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E-40E Reciprocal easements shall be provided insuring access to all parcels affected over private road/driveway known as La Atalaya Way, to the satisfaction of the City Engineer.

Biological Resource Conditions:
810-1 [Site Specific Biological Survey]
Prior to the issuance of any Building Permit(s) for future residential development on Lots 1, 2, and 8, site-specific biological surveys shall be conducted to delineate the precise location of sensitive habitat and assess project-specific impacts. The biological survey shall include:

1. The methods used to determine the presence of sensitive biological resources;

2. Vegetation mapping of all vegetation communities and/or land cover types;

3. The locations of any sensitive plant or wildlife species;

4. An evaluation of the potential for occurrence of any listed, rare, and narrow endemic species; and

5. An evaluation of the significance of any potential direct or indirect impacts from the proposed project.

If potentially significant impacts to sensitive biological resources are identified, future project level grading and site plans shall incorporate project design features to minimize direct impacts on sensitive resources to the extent feasible, and the report shall also review the mitigation already identified and dedicated as deed restricted open space on the Final Subdivision Map. Exhibit A to this resolution shows the areas that will be deed restricted open space upon recordation of the Final Subdivision Map and identifies the habitat type and area of each mitigation open space. By setting aside four future mitigation areas, each development already has enough mitigation available to fully mitigate for their proposed project-based impacts. If the specific plans for homebuilding result in habitat impacts greater than the mitigation set aside in the Final Subdivision Map specified above, then the site-specific biological surveys required for Lots 1, 2 and 8, as applicable, shall also recommend appropriate mitigation to be implemented by the future homebuilding applicant to reduce the impacts to below a level of significance. No future site-specific biological surveys and no habitat mitigation is required for issuance of any permits related to Lots 3 through 7.
810-2 [Nesting Birds]
If future development occurs during the breeding season (January 1 to July 15 for raptors and February 15 to August 31 for other birds) and otherwise cannot be avoided, the applicant shall be responsible for a qualified biologist to conduct a pre-construction nesting bird survey prior to the commencement of any ground disturbing activities to determine the presence/absence, location, and status of any active nests on or adjacent to the survey area. All areas within 500 ft of impacts for all lots shall be surveyed 3 days prior to the start of construction. The extent of the survey buffer area surrounding each site shall be a minimum of 500 ft if FESA- or CESA-listed species or raptors are present. If listed species are present or if an active nest is found, the biologist shall consult with Exhibit B 50116 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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the appropriate agency, and be present on-site during construction to ensure that birds are not being agitated. The biologist shall have the authority to stop construction if birds are agitated, and the buffer shall be adjusted accordingly. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act and the California Fish and Game Code and minimize the potential for project delay, nesting bird surveys shall be performed by the qualified biologist prior to project commencement. In the event that active nests are discovered, the biologist shall recommend suitable noise attenuation measures or a suitable buffer (distance to be determined by the biologist) shall be established around such active nests, and no construction within the buffer shall be allowed until the biologist has determined that the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). Completion of this mitigation measure shall be a condition of any future residence building permits issued for any of the lots included in the La Atalaya Final Subdivision Map.

Cultural Resource Condition:

CUL-1 [Snake Wall Modification]
Prior to modification of the historic Snake Wall, the project applicant shall hire a professional who is qualified to complete the Secretary of the Interior's Standards for Architectural and Engineering documentation in order to mitigate the Snake Wall in the form of the equivalent to Historic American Building Survey (HABS) documentation. HASS level I documentation includes a full set of drawings depicting existing or historic conditions and large format negative photographs in black and white of exterior and interior views to add to the written history and description in the existing report titled La Atalaya - Snake Wall Historic Evaluation Report. The drawings shall include a site plan, elevations, cross sections, and details of construction techniques and architectural elements.

CUL-2[Unanticipated Discovery of Tribal Cultural and Archaeological Resources] During ground disturbing activities, a qualified archaeological monitor shall be present in case unexpected intact subsurface deposits or features are uncovered. Upon discovery of any tribal, cultural, or archaeological resources during ground disturbing activities, the Applicant shall immediately cease such activities in the immediate vicinity. The find will then be assessed by a qualified archeologist retained by the Applicant and a tribal monitor/consultant approved by the consulting tribe. The Applicant shall promptly notify the Planning and Community Development Director to the discovery of resources. If the resources are Native American in origin, the consulting tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. At the direction of the qualified archaeologist and tribal monitor/consultant, and in coordination with the Planning and Community Development Department, work may continue on other parts of the affected site while evaluation and, if necessary, additional protective measures are completed at the affected portion of the site pursuant to State CEQA Guidelines §15064.S[f]. If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time and funding to allow for Exhibit B 51117 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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sufficient implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines §15064.S(f) for historical resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment upon identification of unique archeological resources (Public Resources Code §§21083.2(b)). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the San Diego Archeological Center.

Acceptance and curation of the historic archeological materials will be at the discretion of the institution. If no institution accepts the archaeological material, they shall be offered to the consulting tribe or the Del Mar Historical Society for educational purposes.

Geology and Soils Condition
GEO-1 [Paleontological Monitoring]
For future development identified as having high paleontological sensitivity, the applicant shall:
a. Prior to ground disturbing activities, the Applicant shall retain a qualified Project Paleontologist, defined as a paleontologist who meets the Society of Vertebrate Paleontology standards for Qualified Professional Paleontologist, to direct all mitigation measures related to paleontological resources. b. Prepare a Paleontological Monitoring and Compliance Program. After design of the development has been finalized to determine the precise extent and location of ground disturbing activities, and prior to ground disturbing activities, the Project Paleontologist shall prepare a Paleontological Monitoring and Compliance Program to be implemented during the ground disturbing activities. The program shall be prepared in accordance with the standards set forth by current Society of Vertebrate Paleontology guidelines (2010). Prior to ground disturbing activities, the program shall be provided to the City of Del Mar.

Ground disturbing activities where paleontological sensitivity has been identified shall be monitored full-time by a qualified paleontological monitor during initial ground disturbing activities.

The program shall be supervised by the Project Paleontologist in coordination with the City. The duration and timing of the monitoring shall be determined by the Project Paleontologist. If the Project Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend to the City that monitoring be reduced to periodic spot-checking or cease entirely. Monitoring shall be reinstated, if reduction or suspension would need to be reconsidered by the Project Paleontologist.

The program shall outline the procedures for construction staff Worker Environmental Exhibit B 52118 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

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Awareness Program (WEAP) training, paleontological monitoring extent and duration, salvage and preparation of fossils, the final mitigation and monitoring report, and paleontological staff qualifications.
c. Paleontological WEAP. Prior to ground disturbing activities, the Project Paleontologist or his or her designee shall conduct construction personnel training regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be presented at a preconstruction meeting that a qualified paleontologist shall attend.
d. Fossil Discovery. In the event of a fossil discovery by construction personnel, all work in the find's immediate vicinity shall cease, and the City of Del Mar and a qualified paleontologist shall be contacted to evaluate the find before restarting work in the area. If ground disturbing activities bring potentially sensitive geologic deposits to the surface in areas considered to have an undetermined paleontological sensitivity, these areas shall be inspected and further assessed. If it is determined that the fossil(s) is (are) scientifically significant, the qualified paleontologist shall complete the following conditions:
i. Salvage of Fossils. If fossils are discovered, the Project Paleontologist or paleontological monitor shall recover them. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the paleontologist shall have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner.
ii. Preparation and Curation of Recovered Fossils. Once salvaged, the City shall ensure that significant fossils are identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection (such as the San Diego County Natural History Museum), along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Project Paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project Paleontologist with further preparation as needed by an accredited museum repository institution at the time of curation. e. Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall prepare a Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program. The report shall be provided to the City of Del Mar and shall include discussion of the location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific Exhibit B 53119 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2021-05

4929-9842-5521, v. 1
significance of those fossils, and where fossils were curated.

Noise Condition:

NOS-1 [Construction Noise]
To reduce construction-related noise impacts, where construction activities would exceed the standards established in DMMC Section 9.20.050 (Construction Noise), the Applicant shall require construction contractors to implement a site-specific Noise Reduction Program, which includes the following measures, ongoing through demolition, grading, and/or construction:
a. Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically-attenuating shields or shrouds), wherever feasible. b. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers.
d. During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors.
e. Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electronically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler shall be used [this muffler can lower noise levels from the exhaust by up to approximately 10 dB(A)]. External jackets on the tools themselves shall be used where feasible (this can achieve an approximately 5.0-dBA reduction. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible.

NOS-2 [Complaint Tracking Program]
Prior to demolition, grading, or building permit approval, the Applicant shall submit to the Planning and Community Development Department a list of measures to respond to and track complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction. At minimum, these measures shall include the following:
a. A procedure to the public for notifying the City's Code Compliance Officer and Sheriff's Department (during regular construction hours and off-hours); b. A requirement for a sign to be posted by the Applicant on-site specifying the permitted construction days and hours, and notification procedure, and who Exhibit B 54120 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
Resolution No. 2021-05

to notify in the event of a noise-related concern. The sign shall also include the construction contractor's telephone numbers (during regular construction hours and off-hours); and
c. A requirement for a preconstruction meeting to be held with the Applicant and general contractor/on-site project manager to confirm that noise measures and practices (including construction hours, neighborhood notification, posted signs, etc.) are completed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 1st day of February, 2021.

Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
��
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2021-05, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of February 2021 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker, Martinez and Quirk
None
None
None
Ashley Jones
Administrative Services Director/City Clerk
City of Del Mar
Exhibit B 55121 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
6 IExhibitA
Map Source: Klutz Biological Consulting
0 Torrey Pine
• Existing culverls
-Project Boundary
Developed Lands
r:::J Agriculture - Orchard
Estuarine - Marsh
Disturbed Diegan Coastal Sage Scrub
�� Southern Maritime Chaparral
- Torrey Pine Forest
(2) Miligation Areas

PLANNING STUDY
FOR

LA ATALAYA
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0 100 200
N Feet
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Exhibit B 56122 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
FIGURE 6
Project Mitigation
Exhibit B 57123 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1

EXHIBIT C
COPY OF CITY COUNCIL RESOLUTION No. 2025-38
Exhibit B 58124 September 15, 2026 October 8, 2026 Item 1 Item 8 4929-9842-5521, v. 1
RESOLUTION NO. 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, APPROVING A THREE YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP (TTM18-004 EOT) TO SUBDIVIDE EIGHT LOTS TOTALING APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS "LA ATALAYA" INTO EIGHT RECONFIGURED LOTS SOUTH OF SAN

DIEGUITO DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN
STREET, AND WEST OF SERPENTINE DRIVE; TO MAKE RELATED
ROADWAY AND UTILITY IMPROVEMENTS; IN THE CITY OF DEL

MAR, CALIFORNIA
WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property commonly referred to as "La Atalaya" identified by Assessor Parcel Numbers (APNs) 299-200-65- 00, 299-261-43-00, 299-261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00; and
WHEREAS, on January 12, 2021, the Planning Commission recommended approval of Tentative Tract Map (TTM18-004) to City Council in conjunction with Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) at a duly advertised public hearing held in the manner prescribed by law; and WHEREAS, on February 1, 2021, the City Council of the City of Del Mar after conducting a hearing in the form and manner required by law and, following the public hearing, conditionally approved Tentative Tract Map application TTM18-004 and Mitigated Negative Declaration (State Clearinghouse (SCH) #2020100558); and WHEREAS, on February 6, 2023, the City Council of the City of Del Mar conducted a duly noticed public hearing and approved an Extension of Time for Tentative Tract Map (TTM18-004), as provided for by City of Del Mar Municipal Code and the Subdivision Map Act, with an expiration date of February 3, 2026; and WHEREAS, the Applicant has applied for an additional Extension of Time for Tentative Tract Map (TTM18-004), as provided for by the City of Del Mar Municipal Code and the Subdivision Map Act; and
WHEREAS, the Subdivision Map Act California Government Code§ 66452.6(e) allows under certain conditions that a Tentative Map may be extended by the City for a period not exceeding six years; and
WHEREAS, the project is within the scope of the adopted Mitigated Negative Declaration (SCH #2020100558), pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the Applicant proposes to file a Final Map of said subdivision prior to expiration of the Tentative Tract Map.
1 Exhibit B 59125 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2025-38

4929-9842-5521, v. 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the Extension of Time for Tentative Tract Map, TTM18-004 EQT, be approved, based upon the following findings:
a. There has been no material change in circumstances since the original approval of the Tentative Tract Map.
b. The proposed map meets all of the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance.
c. The proposed map meets all applicable provisions of the Del Mar Municipal Code.
d. The project is within the scope of the adopted Mitigated Negative Declaration pursuant to the California Environmental Quality Act, in that no new environmental information or documentation was presented in review of the requested time extension revealing any new unidentified environmental impacts which had not been previously mitigated. Therefore, pursuant to the California Environmental Quality Act (CEQA), no additional environmental clearance is required for the requested time extension and project will rely upon the previously adopted Mitigated Negative Declaration.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the approval is subject to the following conditions:

1. The Applicant shall abide by all previous conditions associated with TIM 18- 004 (Resolution No. 2021-05) and Mitigated Negative Declaration (SCH #2020100558).

2. TTM18-004 EOT shall expire on February 6, 2029. In accordance with California Government Code 66452.6(e), the Project is not eligible for any additional Extension of Time requests.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of December, 2025 Exhibit B 60126 September 15, 2026 October 8, 2026 Item 1 Item 8 Resolution No. 2025-38

4929-9842-5521, v. 1
APPROVED AS TO FORM:

L:esl1e E. Devaney, Ci
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2025-38, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of December 2025 by the following vote:

AYES: Mayor Gaasterland, Deputy Mayor Martinez, Councilmembers Quirk and Spelich
NOES: None
RECUSE: None
ABSENT: None
ABSTAIN: None
��L =
Sa�ietor
Administrative Services Manager/City Clerk
City of Del Mar
Exhibit B 61127 September 15, 2026 October 8, 2026 Item 1 Item 8 62128 September 15, 2026 October 8, 2026 Item 1 Item 8
16 15
17 14
14 15 1 1 1 23 7 7 5 5 4
12 6 4 4 4 7
13 17 8 8
10 & 23& 9
11 18
18 N N 123456789
10 11
12 13
14 15
16 17
18 No. 36190
Exp. 6/30/22 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
Exhibit C 63129 September 15, 2026 October 8, 2026 Item 1 Item 8 M A P N O 1 5 9 2 M A P N O 1 3 4 3
LOT B BLK 37 MAP NO. 1343
M A P N O 1 5 9 2 M A P N O 1 3 4 3 R O S 1 2 2 2 0
PAR 4 OPEN SPACE PAR 4 OPEN SPACE
BLK 12 MAP NO. 1343 LOT 'V'
R O S 1 234 0
N
CERT OF COMPL. PAR NO 3
CERT OF COMPL. PAR NO 1
1 1
1 14
15 2
3 17
18 TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
Exhibit C 64130 September 15, 2026 October 8, 2026 Item 1 Item 8 20' WIDE ALLEY (UNIMPROVED)
M A P N O 1 5 9 2 M A P N O 1 3 4 3
R O S 1 7 1 0 9
PAR 4 OPEN SPACE
R O S 1 234 0 N
CERT OF COMPL. PAR NO 2 1
18 CERT OF COMPL. PAR NO 3
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W Exhibit C 65131 September 15, 2026 October 8, 2026 Item 1 Item 8 20' WIDE ALLEY (UNIMPROVED)
MAP NO. 1285
M A P N O 1 5 9 2 M A P N O 1 3 4 3

ALLEY (UNIMPROVED)
MAP NO 1285 BLK 30 PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
BLK 12 MAP NO. 1285 LOT 'L' & POR. VAC. ALLEY
MAP NO. 1285 LOT 'M' BLK 12
BLK 12 MAP NO. 1285 LOT 'N' & POR. VAC. ALLEY

DEED RESTRICTION
BLK 12 MAP NO. 1285

DEED RESTRICTION

ALLEY (VACATED)
BLK 12 MAP NO. 1285 DEED RESTRICTION

POR LOT 'G' & 'O'

POR LOT 'O'
BLK 12 MAP NO. 1343 LOT 'U'
CERT OF COMPL. PAR NO 4 N
18 14
15 17
16 8
10 9 8 5 5
12 13
11 4 6 4 7 4 4 7 7
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
19 Exhibit C 66132 September 15, 2026 October 8, 2026 Item 1 Item 8 TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
Exhibit C 67133 September 15, 2026 October 8, 2026 Item 1 Item 8 N
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
CERT OF COMPL. PAR NO 1
Exhibit C 68134 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 69135 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 70136 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 71137 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 72138 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 73139 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 74140 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 75141 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 76142 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 77143 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 78144 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 79145 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 80146 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 81147 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 82148 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 83149 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 84150 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 85151 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 86152 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 87153 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 88154 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 89155 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 90156 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 91157 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 92158 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 93159 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 94160 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 95161 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 96162 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 97163 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 98164 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 99165 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit D 100 166 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit E 101 167 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit E 102 168 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit E 103 169 September 15, 2026 October 8, 2026 Item 1 Item 8 104 170 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 105 171 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 106 172 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 107 173 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 108 174 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 109 175 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 110 176 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit F 111 177 September 15, 2026 October 8, 2026 Item 1 Item 8 112 178 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit G 113 179 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit G 114 180 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit G 115 181 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit G 116 182 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit G 117 183 September 15, 2026 October 8, 2026 Item 1 Item 8 118 184 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit H 119 185 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit H 120 186 September 15, 2026 October 8, 2026 Item 1 Item 8 Exhibit H 121 187 September 15, 2026 October 8, 2026 Item 1 Item 8 122 188 September 15, 2026 October 8, 2026 Item 1 Item 8 _____________________________________________________________________ [email protected] (858) 837-2363

September 4, 2026
Chair and Members of the Del Mar Planning Commission
Re: Application: DA25-001 (La Atalaya Development Agreement) I am writing on behalf of Ron and Lucille Neeley, the applicants for the referenced application.

We concur with the recommendation in the staff report and agree to abide by the suggested conditions of approval.

As staff has explained, this application involves one of many, all related to an overall project: La Atalaya. The project is, primarily, an estate-planning effort for 18 acres Ron and Lucile Neely own in an area commonly known as the Snake Wall. The Neeleys purchased the property in the mid 1990s. Throughout their ownership, they have been good stewards of the property. They have retained six of the lots as vacant parcels and protected the property’s hillsides and vegetation. During their ownership, the only development they have proposed is the remodeling of a guest home on one lot and construction of their primary residence on another.

In 2021, they received City Council approval for a resubdivision of the lots on their property, an action necessary for their estate planning . The subdivision did not create any additional lots. Its purpose was to address engineering and surveying issues left over from the original, 100-yearold subdivision and to prepare some of the now-vacant lots for future development.

The City’s approval of the resubdivision imposed numerous conditions. Among these was the required installation of Private Road and Utility Improvements that would later be needed, if and when, now-vacant Lots #s 5-8 of the subdivision are developed with single-family homes. The requirement for the Private Road and Utility Improvements, in turn, required a variety of permits for their installation. They included: Conditional Use (CUP), Coastal Development (CDP), Design Review (DRB), and Land Conservation (LC) Permits.

Applications for all of those permits were submitted and each has been approved by the City.

But the multiple permits, and their individual conditions of approval, create a complex and varied set permit expiration dates and timeframes by which their conditions must be satisfied.

Working with City staff, it was determined that the best way to address this complex situation was use of a Development Agreement to set forth the property owners’ obligations and establish single set of deadlines and expiration dates for the permits and their conditions. In August of 2024, the City Council approved the use of a Development Agreement to address this issue, with the review of the Development Agreement document itself to follow. It is that draft document that is now before the Commission.

Exhibit I 123 189 September 15, 2026 October 8, 2026 Item 1 Item 8 Chair and Members of the Del Mar Planning Commission
La Atalaya Project Development Agreement
September 4, 2026
Page #2
Staff has determined that the proposed Development Agreement conforms with the applicable standards of review in Section 24.65 of the Municipal Code.

We respectfully request that the Planning Commission forward a recommendation to the City Council that Development Agreement DA25-001 be approved, with the conditions contained in the draft resolution provided by staff.

I am available via e-mail or phone to discuss this application and answer any questions.

Sincerely,
cc: Ron and Lucille Neeley
Randy Brown, Sowards and Brown Engineering
Exhibit I 124 190 September 15, 2026 October 8, 2026 Item 1 Item 8 191 October 8, 2026 Item 8
192 October 8, 2026 Item 8
193 October 8, 2026 Item 8
194 October 8, 2026 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Nestor Machado, Associate Management Analyst
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 20, 2026
SUBJECT: Exclusive Negotiating Rights Agreement and Predevelopment Funding Agreement for Affordable Housing Development at the 10th Street Vacant Lot (APN 300-093-17-00) – Civic Center Complex
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve an Exclusive Negotiating Rights Agreement (ENRA) (Attachment A) and Predevelopment Funding Agreement (Attachment B) with Gangi Development to establish a negotiating period and timeline for completion of predevelopment plans, studies, community outreach, environmental review, and entitlements related to the development of the 10th Street vacant lot (APN 300-093-17-00) for affordable housing; and 2) Authorize the City Manager to execute the agreements.

BACKGROUND:

The City of Del Mar (City) owns a vacant, developable property located on 10th Street within the City’s Civic Center Complex. The 10th Street property is 4,356 square feet and is located within the California Coastal Zone. The site does not contain any sensitive coastal resources and is within the City’s Coastal Development Permit (CDP) jurisdiction. Any potential development on the site will be subject to approval of a CDP issued by the City Council, and the Council decision will not be appealable to the California Coastal Commission.

The City-owned 10th Street property is relied on in the City’s State-certified 6th Cycle Housing Element as a site for four to eight lower income units to meet a portion of the City’s regional housing needs allocation (RHNA). The City-owned 10th Street and 28th Street lots are critical components to the adopted Housing Element that are relied on to demonstrate compliance with State housing law. To date, the City has satisfied 10 of the total 113 lower income RHNA units it was assigned. To meet the timeline of Housing Element Program 3B, the site must be development-ready with building permits issued by December 2027.

On June 15, 2020, the 6th Cycle Housing Element Ad Hoc Citizen Task Force, appointed by City Council, recommended sites for the Council to consider for the 6th Cycle Housing 1 October 20, 2026 Item 9
City Council Agenda Report
ENRA & Predevelopment Funding Agreement – 10th St. Development October 20, 2026