Why is this happening?

Governor Newsom and the California Legislature have taken decisive action to combat the State’s severe housing shortage, including passage of new legislation most notably in 2021 and 2022. As of September 25, 2022, the City of Del Mar is not compliant with state housing law and new legislation allows housing projects similar to Seaside Ridge to come forward and help the City achieve its housing obligations. Click here to learn about the series events leading to the current proposal.

Why is this project able to move forward being processed by-right, that is, without the City’s usual process of design review and conditional use permit processing?

The City is relying upon the land associated with Seaside Ridge project to achieve its housing obligations in the State’s 6th housing cycle (2021-2029). The property was identified as a “candidate housing site” that was studied and approved by the City as a sufficient location for higher density residential development. Because the City would be relying upon the property to meet a portion of its 6th cycle housing obligations, State law requires that any housing development project proposed on a candidate site be processed ministerially or “by-right.” This means that the City’s typical process of discretionary review and conditional use permitting, whether via the Design Review Board, Planning Commission or City Council, may not occur. Instead, a housing development project is reviewed against objective requirements and decisions are made administratively at the staff level. Due to the current status of the City’s 6th Cycle Housing Element, the City is obligated under Assembly Bill 1398 (AB 1398) to process a housing development project on a candidate housing site administratively. Del Mar’s deadline to have its Housing Element certified by the California Department of Housing and Community Development (HCD) was April 15, 2021. As of September 25, 2022, Del Mar’s Housing Element had not been found in conformance with HCD requirements allowing Seaside Ridge to move forward. After more than a year of back and forth with the city, Del Mar is still refusing to process Seaside Ridge in compliance with state law.

Where are you in the process?

A project application was submitted to the City of Del Mar in March 2023. The City responded with comments, which is typical in all development. In response to the City's letter, we resubmitted our application. Development is an iterative process and we welcomed the opportunity to work with the City to advance this worthy project, which will not only significantly help the City comply with state housing laws, but also provide the public with an oceanfront park and trail, as well as new public parking.  Our hope was that the City would do its part to comply with the laws that allow much-needed affordable housing projects like Seaside Ridge to move forward. However, after more than a year of thwarted efforts, the property owner has decided to sue the city of Del Mar for failing to abide by state law.

How many lower income units are provided in this project?

The Seaside Ridge project alone provides 78% of the City’s need for 54 lower income units per 6th Cycle Housing Element Program 1E and well over 100% of the City’s need for moderate income units. The project includes 42 lower-income units and 43 moderate-income units. The 42 lower income units consist of two extremely low, two very low, and 38 low-income units. These units will be distributed around the project and will provide much needed housing for Del Mar in all income ranges. For reference, in San Diego County and at the time of application, qualifying incomes for a household of four would range from roughly $38,000 for very-low-income households to $128,000 for moderate income household of four.

Isn’t the project inconsistent with the City’s Community Plan, Zoning Code and Local Coastal Program?

Seaside Ridge is an example of how to effectively balance State housing law with the Coastal Act at the project level.

The City’s adopted 6th Cycle Housing Element identifies the Seaside Ridge property as a candidate housing site to help the City meet its affordable housing requirements. Under State law, a Housing Elements is part of a city or county’s General Plan. In Del Mar, the General Plan is referred to as a Community Plan and includes a Housing Element. Pursuant to AB 1398 and clarifying legislation passed in 2022 via Senate Bill 197 (SB 199), Del Mar is required to rezone the Seaside Ridge property into its Housing Element Implementation Overlay Zone (HEI-OZ). The HEI-OZ is part of the City’s Municipal Code and Local Coastal Program. On August 25, 2022, the City received a letter from HCD’s Housing Accountability Unit that affirms the City has not adopted a compliant 6th Cycle Housing Element. As a result, the letter clarifies that “under the Housing Accountability Act (Gov. Code § 65589.5, subd. (d)), jurisdictions without a substantially compliant housing element cannot rely on inconsistency with zoning and general plan standards as a basis for denial of a housing project for very low-, low-, or moderate-income households.” A copy of the letter is available at: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/del-mar-HENC-LOI-082522.pdf

Does the project need to comply with the City’s Housing Element Implementation Overlay Zone (HEI-OZ)?

Yes, the project is required to comply with the HEI-OZ. As such, Seaside Ridge was designed to fully comply with the Overlay Zone’s objective design standards including setbacks, building design, auxiliary equipment such as air conditioners, lighting, and landscaping. Seaside Ridge proposes an average unit size of 819 square feet (sf), which is well below the City’s maximum size of 1,000 sf per the HEI-OZ.

What about housing at the Fairgrounds? Doesn’t this project work against that project?

While we support the City’s effort to create housing at the Del Mar Fairgrounds, the City’s timeframe extends far beyond what the State’s 6th cycle laws allow. Moreso, the City’s housing deficit cannot be accommodated on the fairgrounds alone should any housing ultimately be allowed there.  

There are multiple candidate housing sites identified in the City’s adopted Housing Element to provide the required number of affordable housing units, including at the Fairgrounds and Seaside Ridge property. Del Mar made minor progress with the fairgrounds in February 2024, however only reached an agreement to continue negotiations - far from the requirement to implement where they would actually deliver those affordable units. More importantly, Del Mar missed the deadline for obtaining Housing Element certification per AB 1398 and SB 197.

As such, the City is obligated to rezone candidate housing sites to allow for projects with affordable housing to come forward - regardless of what ultimately transpires at the fairgrounds.  In the 6th housing cycle, Del Mar is responsible for providing 101 lower income and 31 moderate income residential units, and 12 additional lower income penalty units carrying over from the 5th housing cycle (2013-2021) due to noncompliance with State law. Recognizing that Seaside Ridge will provide desperately needed housing in the community, it is not enough – even at 42 lower income units and 43 moderate income units.

Once built, will Seaside Ridge essentially “wall off” the public from enjoying the bluff?

No - The project features new public amenities, including a walking path and a scenic park. Overlooking the Pacific Ocean, Seaside Ridge Park will provide a place of reflection and passive recreation not only for residents of Seaside Ridge, but for everyone. Seaside Ridge is private property and public access on the 6.9 acres is not currently allowed. Recognizing that the public has never had the opportunity to enjoy this section of North Bluff with its wide ocean and sunset views, Seaside Ridge was designed with public access in mind. Included in the Project are two 30-35-foot wide vertical accessways out to the bluff and a 50-foot-wide area along the entire bluff frontage for the public to enjoy. In addition, 25 onsite public parking spaces are provided. With these features, Seaside Ridge creates more access to Del Mar’s coast than any other privately-funded project in the City’s history.

What analysis has been completed to determine this site is suitable for development?

As part of our application, a comprehensive geological/geotechnical analysis of the bluff and sea caves was conducted. It found that the base of the bluff is strong and globally stable and that the nearby sea caves would have no negative impact as the project incorporates design features that are sensitive to the north bluff’s specific soil composition.  These include increased building setbacks away from the edge of the bluff to accommodate for potential coastal hazards and ensure sufficient public access, improved onsite drainage, and no reliance on seawalls.