The purpose and intent of the Housing Element Implementation Overlay Zone is to facilitate housing opportunities within the community via implementation of required rezone programs pursuant to the City of Del Mar's adopted Housing Element where required for compliance with State Housing Element law.

(Ord. No. 979, § 1, 4-5-2021)

The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:

(Ord. No. 979, § 1, 4-5-2021; Ord. No. 980, § 2, 4-5-2021; Ord. No. 989, § 1, 6-6-2022)

A.

Notwithstanding the standard permit process provisions of the Del Mar Municipal Code, permit approvals for proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be issued in accordance with an administrative level ministerial approval process where the proposed development is consistent with the applicable Housing Element program indicated in Section 30.92.020 and development standards in Section 30.92.040.

B.

Proposed development on property in the Housing Element Implementation Overlay Zone that does not meet the criteria stated in Section 30.92.030(A) shall be subject to the standard procedures for permit approval pursuant to the Del Mar Municipal Code.

C.

An administrative Coastal Development Permit (CDP) shall be required for proposed development.

1.

The administrative CDP shall be obtained in accordance with Section 30.75.080(E).

2.

The Planning Director shall prepare written findings of fact in accordance with Section 30.75.140 as necessary to support any decision to grant permit approval.

3.

No public hearing shall be required.

4.

Public notice shall be required in accordance with Section 30.75.120.

5.

Once a final decision of approval, conditional approval, or denial is issued by the Planning Director, the notice of final action shall be provided within five working days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.

6.

Within the appealable area of the coastal zone (Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map) property that is located between the first public road and the sea, within 300 feet of a beach or the mean high tide line, and all areas within 100 feet of wetlands and streams), the Planning Director's decision to approve an Administrative CDP in the Housing Element Implementation Overlay Zone may be appealed to the Coastal Commission within ten working days in accordance with Section 30.75.110. Proposed development in the Housing Element Implementation Overlay Zone that is located outside of the coastal zone appealable area is not appealable to the Coastal Commission.

D.

Upon issuance of an administrative CDP, the applicant may apply for an administrative level approval of required Construction Permits as applicable.

E.

5 ^th Cycle Housing Element - Housing Program 2-G. Pursuant to Government Code Sections 65583(c)(1)(A) and 65583.2(h) and (i), the City will rezone two adjacent vacant parcels at the south corner of Jimmy Durante Boulevard and San Dieguito Drive, roughly 2.3 acres in size in the NC Zone, to allow, "by right", residential development of the properties at a density of 20—25 du/ac with such density allowance to include a requirement for a percentage of the residential units to be available, long-term, at affordable rates, either through dedication to a non-profit housing advocacy organization or through deed restrictions for no less than the minimum duration required under state housing law applicable to affordable dwelling units. City Council adopted Rezone RP 20-001 on April 5, 2021 (Ordinance 979).

(Ord. No. 979, § 1, 4-5-2021; Ord. No. 980, § 2, 4-5-2021; Ord. No. 989, § 2, 6-6-2022)

The development standards applicable to proposed development in the Housing Element Implementation Overlay Zone shall be in accordance with the applicable base zone, overlay zones, and all applicable provisions of DMMC Title 30, unless otherwise indicated herein, or where necessary to comply with Federal and State law.

A.

Density. 20—25 dwelling units per net acre.

B.

Construction Design Standards.

1.

Setbacks.

a.

Front yard: 10 feet or as otherwise required, whichever is greater.

Street Side Yard: 10 feet or as otherwise required, whichever is greater.

b.

If parcels in the Overlay Zone share a property line with an adjacent parcel developed with an existing single dwelling unit or duplex residential use, the following additional setback requirements apply to proposed projects in the Overlay Zone to provide an appropriate transition to the existing use:

i.

A minimum 15-foot-wide landscaped buffer (setback) shall be provided and maintained on the project side of any property line.

ii.

Any upper stories of residential uses in the Overlay Zone shall be setback 30 feet from any property line adjacent to the residential use.

c.

Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section 30.52.060A.1.b), or within 20 feet of the top or ten feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be not be allowed.

2.

Building Design.

a.

Maximum average size of dwelling units for a development site shall not exceed 1,000 square feet of "Bulk Floor Area" as defined and regulated in DMMC Chapter 30.72, excepting that attached dwelling units shall be measured to the center of shared building walls.

b.

No more than 75 percent of any building facade shall be in a single plane. An average of a five-foot offset, with a minimum of one-foot, is required for the remaining 25 percent of the building facade.

c.

Decks on any roof of any building shall not be allowed.

d.

Habitable portions of the development exceeding one-story shall have a "flat roof" design, allowing minimum necessary slope for drainage.

e.

Single-story design elements such as entries and clerestories with two-story volume or heights shall not be allowed.

f.

Ceiling heights on any habitable building level shall not exceed ten feet.

g.

Elevated deck areas associated with individual units shall be limited to 100 square-feet in area and shall be oriented towards the street, and no elevated deck shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.

h.

Covered outdoor areas, including but not limited to entries, porches, decks and balconies, shall be limited to ten percent of the associated unit size.

i.

Earth tone paint and material colors shall be used for building exteriors, including flat roofs.

3.

Auxiliary Structures/Equipment and Utilities.

a.

All roof appurtenances including, but not limited to air conditioning units and mechanical equipment shall be shielded to eliminate noise and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties.

b.

All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units, trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely shielded to eliminate noise and screened from surrounding properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building.

c.

Ground-mounted mechanical or electrical equipment shall be screened using a combination of elements including solid masonry walls, berms, and landscaping. Screening wall shall be designed to be architecturally compatible with the building design. All new and existing utility service connections within the boundaries of the development site shall be placed underground.

d.

Trash receptacles and adequate areas for collecting and loading recyclable materials shall be incorporated into the building design, located in garages, and/or enclosed by a six-foot high masonry wall with view-obscuring gates and screened with vegetation. The finish materials and colors of an exterior enclosure shall match the exterior building materials. No trash receptacle and areas for collecting and loading recyclable materials shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.

e.

Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from public view. Substitutions such as masonry, wood, or metal pilasters with wrought iron or chain link and view-obscuring material must be harmonious with exterior building materials.

f.

Any gutters, scuppers, or downspouts proposed on the exterior of a building shall be decorative or designed to be integrated with the building facade.

4.

Site and Landscape Standards.

a.

Hardscape shall be limited to no more than 20 percent of front yard and street side yard setbacks, including driveways and drive aisles.

b.

Screening plants shall buffer privacy encroaching views in at least 75 percent of the intended area, with species selected to reach this standard within one-year of planting. Grasses and deciduous plants shall not be used for screening purposes.

c.

For screening purposes, any new trees shall be provided at a minimum 24-inch box size and any new shrubs shall be provided at a minimum five-gallon size.

d.

New trees shall be non-invasive according to the California Invasive Plant Council guidance.

e.

Only regionally native species shall be planted within steep slope setback areas and wetland buffer areas.

5.

Parking.

a.

Parking shall be provided in accordance with DMMC Chapter 30.80.

b.

Garage parking shall be required in accordance with the provisions of DMMC Chapter 30.80, unless accommodation without a garage enclosure is necessary to meet the minimum density range to provide affordable units.

c.

When garage parking is not required per the exception listed in Section 30.92.040.B.5(b), required parking areas/spaces shall be:

i.

Located at the rear of the development site and screened from public view by the dwelling unit structure(s) and/or landscape screening; or

ii.

Located at grade, situated beneath dwelling units and screened from view along fronting streets by architectural and/or landscaping features.

d.

Private drive aisles accessing parking shall be located at the rear or side of a property to avoid excessive curb cuts and maximize landscaping at the street frontage.

e.

Curb cuts shall be located to maximize sight distances for motorists, bicycles and pedestrians entering or exiting the property, crossing the driveways, and to limit interference with off-site circulation, parking, and safety. Any vegetation proposed to be planted adjacent to a driveway shall be selected and located so as to maintain adequate sightlines to and from the property, and along the property frontage to the public street(s) and intersection(s).

f.

Driveway slope angles shall not exceed 15 percent.

g.

Open-sided parking coverings that contain solar collectors/panels shall not be calculated towards maximum allowed Lot Coverage.

h.

Surface parking areas shall be separated from a building with both a raised pedestrian sidewalk (minimum four feet in width) and a landscape strip (minimum eight feet in width).

6.

Exterior Lighting.

a.

All exterior lighting shall be low intensity, shielded, and directed downward, below the horizontal plane of the fixture, to prevent objectionable brightness or light trespass onto adjacent properties. The source of the light bulb must not be visible from adjacent properties or public rights of way. Natural gas lighting shall not be allowed. The color temperature of exterior lighting located adjacent to ESHA, or adjacent to the shoreline, shall be 2700 Kelvin or lower.

b.

Fixtures must be "Full Cut Off" designated or "Fully Shielded" fixtures, so that no light is emitted above the lowest light emitting part of the fixture. Shielded and unshielded up-lighting shall not be allowed.

c.

Light fixtures shall be located no closer to the property line than four times the mounting height of the fixture, and shall not exceed the height of adjacent off-site structures.

d.

Focused flood lighting may be allowed for security purposes but shall be mounted to be downward directed only, shall be located no higher than the first story, and shall utilize motion-sensor activation at all times.

e.

Accent lighting used only for highlighting architectural features (e.g., "wall washing") shall not be allowed.

f.

Pole-mounted lights shall not be allowed unless the lighting source is entirely screened from public view from a public street or shielded in a courtyard or interior portion of a multiple-dwelling unit complex and light is shielded from any adjacent parcel developed with an existing single dwelling unit or duplex residential use.

C.

Minimization of Flood Risk. If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply:

1.

During review of applications for development, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission's 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned or implemented), and analysis of how those adaptation measures minimize projected flood risk. This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

2.

Development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards including those from the impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures.

(Ord. No. 979, § 1, 4-5-2021; Ord. No. 989, § 3, 6-6-2022)

All proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be subject to the following objective standard protocols for mitigation, monitoring, and reporting as necessary to avoid a significant impact to the environment in accordance with applicable State and Federal laws.

A.

Cultural Resources.

1.

Historic Resources.

a.

Where development would involve the alteration or demolition of a structure greater than 50 years old, a historic evaluation by a Secretary of Interior's Standards for Architectural Historian or Historic Architect shall be provided to determine if the resource meets the definition of a Historic Resource as defined in CEQA Guidelines Section 15064.5. If the structure is determined to be a Historic Resource, any proposed alteration shall follow mitigation guidelines contained in CEQA Guidelines Section 15126.4(b). Mitigation standards may include, but are not limited to avoidance and preservation, conducting alterations in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (including as applicable, standards for Preservation, Rehabilitation, Restoration and Reconstruction), and documenting resources. The approach to comply with these standards shall be prepared by an Architectural Historian or Historic Architect and provided to the City.

b.

Demolition and/or significant diminution of designated historic landmarks shall be prohibited.

2.

Native American Consultation. Upon receipt of a development proponent's preliminary application, the City shall request consultation regarding the proposed development with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, and contact the Native American Heritage Commission for assistance in identifying any California Native American Tribe. The City shall provide formal notice for each Tribe traditionally and culturally affiliated with the geographic area of the project site including the location and a description of the proposed development, and an invitation to engage in scoping consultation. The local government shall request that each tribe notify the City if it accepts the invitation to engage in consultation within 30 days, unless additional time is requested.

The local government must initiate consultation within 30 calendar days of a Tribe's acceptance of the invitation to engage in consultation. Consultation occurs between the City and the tribe(s) and must comply with the confidentiality requirements. Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site (Government Code §65913.4(b)(2)(D)(i)), or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved (Government Code §65913.4(b)(2)(D)(ii)).

3.

Archaeological Survey.

a.

Any development project that involves disturbance of soils, including native soils that may have been previously disturbed or compacted, shall be required to submit an archaeological survey report unless previous tribal consultation correspondence for the project site indicates there is no concern with grading activities on-site.

b.

An archaeological survey report shall be submitted by a Registered Professional Archaeologist.

c.

The survey report shall include a record search of known archaeological resources and document results of the field survey including any resources encountered.

4.

Siting and Design. Development shall be sited and designed to avoid adverse impacts to important archaeological resources to the maximum extent feasible. If there is no feasible alternative that can avoid impacts to important or unique archaeological resources, then the alternative that would result in the least adverse impacts to important or unique archaeological resources that would not result in additional adverse impacts to other coastal resources shall be required.

5.

Testing and Mitigation.

a.

If potential impacts to archaeological resources cannot be avoided, the Registered Professional Archaeologist shall develop and implement an archaeological testing program. The testing program shall be adequate to allow a determination of significance pursuant to CEQA Guidelines Section 15064.5(b) and shall include a Native American monitor.

b.

Should the testing find significant resources are present, a mitigation program shall be implemented consistent with CEQA Guidelines Section 15126.4(b)(3).

c.

Mitigation shall be designed in compliance with the guidelines of the State Office of Historic Preservation and the State Native American Heritage Commission. Mitigation may include, but is not limited to, conservation and protection of the site in perpetuity, implementation of a data recovery plan, or other on-site preservation methods such as capping.

d.

In-situ preservation and avoidance of cultural depositions shall be considered the preferred mitigation option.

i.

For in-situ preservation or reburial, the boundaries of the resource shall be determined and a setback shall be no less than 20 feet and may be larger if necessary to protect the cultural deposit.

ii.

Where in-situ preservation and avoidance is not feasible, partial or total recovery of important or unique archaeological resources shall be undertaken.

iii.

Examples of methods to accomplish in-situ preservation or avoidance include, but are not limited to:

Siting and designing structures to avoid important or unique archaeological resources;

Planning construction to prevent contact with important or unique archaeological deposits;

Planning parks, green space, or other open space to preserve important or unique archaeological sites;

"Capping" or covering important or unique archaeological sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may be used where: the soils to be covered will not suffer serious compaction; the cover materials are not chemically active; the site is one in which the natural processes of deterioration have been or can be effectively arrested; and the site has been recorded.

iv.

Although the placement of fill on top of an archaeological site may reduce direct impacts of construction, indirect impacts may result from the loss of access to the site for research purposes and scarification and compaction of soils.

v.

To mitigate these impacts, a sample of the cultural resource shall be excavated and appropriately curated for research purposes; and

vi.

Action shall be taking to designate important or unique archaeological sites into permanent conservation easements held for the benefit of the public.

e.

A Native American monitor shall be consulted regarding the proposed mitigation plan as well as representatives of Native American groups that agreed to participate in the initial consultation process. If there is disagreement regarding the culturally affiliated tribal government, the Native American Heritage Commission shall be consulted. All reports, methods, testing programs, curation, and other aspects of the archaeological investigation shall follow the Secretary of the Interior's Guidelines for Archaeological Documentation.

6.

Preconstruction Meeting Coordination and Archaeological and Native American Monitoring.

a.

Archaeological monitoring is required in accordance with Section 30.92.050(A)(3)(b), unless a Registered Professional Archaeologist and Native American Monitor provide written recommendation that monitoring is not recommended.

b.

Prior to the start of any ground-disturbing activity, an archaeological and Native American monitor from a traditionally and culturally affiliated tribe that is included on an updated Native American Heritage Commission (NAHC) list, as well as a Native American most likely descendant (MLD) when State Law mandates identification of a MLD, shall be retained to monitor ground-disturbing activities including, but not limited to, grading, excavation, brush clearance, and grubbing. The archaeological monitor shall conduct preconstruction cultural resources worker sensitivity training to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery.

c.

The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and the Native American Monitor. Initially, all ground-disturbing activities shall be monitored. However, the qualified archaeologist, based on observations of soil stratigraphy or other factors, and in consultation with the City and the Native American Monitor, may reduce the level of monitoring as warranted.

7.

Discovery of Archaeological Resources.

a.

In the event that archaeological resources are accidently discovered or unearthed during construction activities, all job operations within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist and Native American monitor have identified and evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).

b.

Construction activities shall be redirected to other work areas until the archaeologist and Native American monitor determine that work can resume in the vicinity of the find.

c.

If the artifact that is accidentally discovered or unearthed is of Native American origin, the certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources shall be consulted for identification and evaluation.

d.

If the discovery is determined significant, a data recovery program or other treatment method determined in consultation with the City and Native American with knowledge of the cultural resources, if applicable, shall be implemented in order to mitigate impacts to the resource.

e.

The applicant shall transfer ownership of Native American cultural resources to the appropriate Native American Tribe for proper treatment and disposition, if requested by the Tribe.

f.

In the event that human remains are discovered or unearthed during construction activities, all job operations within a 25-meter radius of the human remains shall be temporarily suspended or redirected and the county coroner must be contacted as required by California Health and Safety Code Section 7050.5.

g.

If the remains are determined by the coroner to be Native American in origin, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours. California PRC Sections 5097.94 and 5097.98 require consultation with the NAHC, protection of Native American remains, and notification of most likely descendants to ensure the appropriate and dignified treatment of Native American human remains and any associated grave goods.

h.

The City shall notify the Coastal Commission staff that significant archaeological resources were discovered during construction.

B.

Biological Resources.

1.

Required Technical Reports and Surveys. The applicant shall provide information with the development application detailing the biological resources present on-site including identification of jurisdictional resources such as State or Federal wetland, environmentally sensitive habitat area (as defined in DMMC Section 30.75.030). If wetlands are present as defined in DMMC Section 30.53.030, a jurisdictional wetland delineation shall be provided. If there is a potential for sensitive plant or wildlife species to be present, applicable protocol surveys shall be conducted.

2.

Siting Design and Monitoring.

a.

Protection of Wetlands.

i.

If wetlands are present on-site the project design shall ensure wetlands are preserved and where appropriate restored, along with a minimum 100-foot wetland buffer. If wetlands are located off-site, a 100-foot wetland buffer shall be provided from the edge of the off-site wetland to the edge of the development footprint.

ii.

The wetland buffer may be reduced to no less than 50-feet with written concurrence from the California Department of Fish and Wildlife (CDFW) and the California Coastal Commission, and after findings have been made 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.

iii.

The findings for a reduced wetland buffer shall be based on site-specific factors, such as the type, size and nature 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. When making these findings, the recommendations of CDFW and CCC shall be considered.

iv.

Permitted uses in wetlands are specified in DMMC Section 30.53.080.

v.

Wetland buffers shall be consistent with DMMC Section 30.53.090. Public access to wetlands and wetland buffer areas shall be restricted as necessary to maintain the biological productivity of the wetland. This may be accomplished by landscape berms, fencing, or other suitable barriers.

b.

Protection of Environmentally Sensitive Habitat Areas (ESHA).

i.

Sensitive habitat areas (including wetlands and wetland buffers) shall be retained or restored to their natural state to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation.

ii.

Prior to the issuance of Certificate(s) of Occupancy, protected habitat areas shall be preserved through recordation of an open space deed restriction, conservation easement, or open space easement over the protected area(s) to ensure their protection and to serve notice to the property owner, subsequent owners or interested parties of the restrictions in effect on such property.

iii.

ESHA shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.

iv.

Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

v.

Sensitive habitat shall be protected by appropriate buffers. Encroachment into ESHA buffers shall be avoided, including encroachment for fuel modification and brush management.

3.

Protected Trees. Removal of Torrey Pines or Monterrey Cyprus trees shall be replaced or mitigated at appropriate ratios as determined by the Planning Director in consultation with a qualified arborist.

4.

Where landscaping or revegetation is proposed, the landscaping and/or revegetation plan shall not include any invasive plant species listed on the California Invasive Plant Council's Invasive Plant Inventory Database or cultivars of any such listed species.

5.

Limits on Construction During Breeding Season.

a.

The clearing and grading of trees and shrubs shall occur outside of the avian and raptor breeding season of February 1 through August 31 to avoid damage to nests and nesting birds consistent with the Migratory Bird Treaty Act.

b.

If clearing and grading during the avian breeding season is proposed, then a focused nest survey shall be conducted by a qualified biologist 72 hours prior to the vegetation removal. If active nests are discovered during the nest survey, those nests shall be avoided until the young have fledged.

c.

Appropriate nest setback distances shall be implemented during construction based on applicability of noise attenuation measures, the topography between the nest and the proposed disturbance activity, and the surrounding vegetation. These setbacks shall be a minimum of 300 feet for passerine species and 500 feet for raptor species, but may be reduced when located in highly urban settings if approved by the Executive Director of the California Coastal Commission.

d.

Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures shall be implemented.

i.

If project-related work is to occur during the breeding season for California gnatcatcher (February 15 through August 31), pre-construction protocol-level surveys for California gnatcatcher shall be performed to determine the status of breeding California gnatcatchers on-site and within 500 feet of the site.

ii.

If a nesting California gnatcatcher pair is detected on-site or within 500 feet of the site, noise attenuation measures shall be implemented to ensure that ambient noise levels are equal to or less than 65 decibels at the nest.

iii.

If ambient noise levels before project construction exceed 65 dB, noise attenuation measures shall be implemented to ensure the baseline noise level is not exceeded.

iv.

Nest monitoring by an individual holding a Section 10(a) U.S. Fish and Wildlife Service recovery permit for California gnatcatcher shall be conducted to ensure that the nesting California gnatcatchers remain undisturbed by construction.

C.

Noise.

1.

Construction Noise. The applicant shall provide a construction noise mitigation program to the City that demonstrates how construction activities will comply with DMMC Section 9.20.050. Construction noise reduction measures may include, but are not limited to the following:

a.

Temporary sound barriers/shielding adjacent to sensitive receivers. The required location, height, and materials of the barrier shall be specified.

b.

Siting of staging areas, stationary noise sources, and other noise generators away from sensitive receivers.

c.

Reduction of construction equipment idling time and fitting of construction equipment with noise reducing devices.

d.

Resident notification of construction schedule.

2.

On-site Noise.

a.

Project designs shall ensure all outdoor noise generating equipment is shielded to provide noise attenuation to achieve noise level limits at the nearest property line consistent with DMMC Section 9.20.040 - Sound Level Limits.

b.

Project outdoor use areas shall be shielded from roadway noise through building attenuation or other methods.

D.

Paleontological Resources.

1.

Submittal Requirements, Technical Reports, and Surveys. Applicants shall be required to provide the following supporting information as part of a development application to determine applicability of this section:

a.

The types and depth of geological formations present.

b.

The paleontological sensitivity of each geologic formation.

c.

Proposed grading depths into each formation.

2.

Siting and Design.

a.

New development shall be sited and designed to avoid adverse impacts to paleontological resources to the maximum extent feasible.

b.

If there is no feasible alternative that can eliminate all impacts to paleontological resources, then the alternative that would result in the fewest or least significant impacts to resources shall be selected.

c.

Impacts to paleontological resources that cannot be avoided through siting and design alternatives shall be mitigated.

d.

When impacts to paleontological resources cannot be avoided, mitigation shall be required that includes procedures for monitoring, grading and handling fossil discoveries that may occur during development.

3.

Preconstruction Meeting Coordination and Monitoring.

a.

Any project that requires disturbance into high or moderate sensitivity paleontological formations shall be required to provide a paleontological monitor during ground disturbing activities.

b.

A qualified paleontologist (an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the County for a least one year) shall attend the preconstruction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues.

c.

A paleontological monitor (an individual who has experience in the collection and salvage of fossil materials, working under the direction of a qualified paleontologist) shall be on-site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils.

d.

Grading activities in previously undisturbed deposits of moderate paleontological resource potential shall be monitored on a part-time basis.

4.

Discovery of Paleontological Resources.

a.

In the event that paleontological resources are discovered or unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until a certified paleontologist has recovered, identified, and/or evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).

b.

Mitigation measures shall be implemented to address the impacts of the construction on the resources following the guidance of 30.92.050(A)(4)(d).

c.

After the find has been appropriately mitigated, work in the area may resume.

d.

During the monitoring and recovery phases of the mitigation program, the qualified paleontologist and/or the paleontological monitor shall routinely collect stratigraphic data (e.g., lithology, vertical thickness, lateral extent of strata, nature of upper and lower contacts, and taphonomic character of exposed strata). Collection of such data is critical for providing a stratigraphic context for any recovered fossils.

e.

Fossil remains collected during monitoring and salvage shall be cleaned (removal of extraneous enclosing sedimentary rock material), repaired (consolidation of fragile fossils and gluing together broken pieces), sorted (separating fossils of the different species), and cataloged (scientific identification of species, assignment of inventory tracking numbers, and recording of these numbers in a computerized collection database) as part of the mitigation program.

f.

Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for preparation, curation, and initial specimen storage, if this work has not already been completed.

g.

A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.

h.

The City shall notify the Coastal Commission staff that significant paleontological resources were discovered during construction.

E.

Public Views. Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan as well as the appropriate setback(s) that protect public scenic views to the ocean.

F.

Steep Slopes. Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or ten feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except as specified in DMMC Section 30.52.060(A).

G.

Wildfire. To ensure protection of the public health and safety from wildfire, all development within or adjacent to a "Very High" or "High" Fire Hazard Severity Zone shall be required to incorporate enhanced fire safety measures consistent with Section(H) of the Bluff, Slope and Canyon Overlay Zone Regulations found in the certified LCP as well as the State Fire Code and Building Code to the satisfaction of the Fire Marshall and Building Official.

H.

Flooding. If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply as a condition of Coastal Development Permit approval:

1.

The landowner shall record a notice on the property and notice all occupants that:

a.

The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise;

b.

The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development.

2.

Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.92.050(H)(1) shall also reflect the following:

a.

That sea level rise and flooding could render it difficult or impossible to provide services to the site;

b.

That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land; and

c.

That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

3.

The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

(Ord. No. 979, § 1, 4-5-2021; Ord. No. 989, § 4, 6-6-2022)