Housing Element Implementation NC/PC Zoning Amendment (5th Cycle Programs 2E/2F)

Cities are required by California law to have a certified Housing Element as part of the City’s General Plan.  In Del Mar, the Community Plan is the City’s General Plan.  On March 25, 2021, the City Council adopted the 6th Cycle Housing Element to replace the prior 5th Cycle Housing Element.  On April 15, 2021, the 5th Cycle planning period ends and the 6th Cycle planning period begins.  The City is in process of obtaining final State approval of the 5th Cycle Housing Element Programs 2E and 2F zoning actions.

Project Description

On September 21, 2020, the City Council adopted Ordinance 971 (PDF) as introduced on September 8, 2020, to amend the Professional Commercial zone to allow housing up to 20 dwelling units per acre in accordance with 5th Cycle Housing Element Program 2F.  The existing setbacks, floor area ratio, lot coverage, and height limits still apply.  The associated Local Coastal Program Amendment was submitted to the Coastal Commission on November 6, 2020, for certification.  The City Council adopted the associated General Plan Amendment for Program 2F (Professional Commercial land use designation) via Resolution 2020-48 (PDF) on September 8, 2020.

On October 19, 2020, the City Council adopted Ordinance 973 (PDF) (D as introduced on October 5, 2020, to amend the North Commercial zone to allow housing up to 20 dwelling units per acre in accordance with 5th Cycle Housing Element Program 2E. The existing setbacks, floor area ratio, lot coverage, and height limits still apply.  The associated Local Coastal Program Amendment was submitted to the Coastal Commission on November 6, 2020, for certification. The City Council adopted the associated General Plan Amendment for Program 2E (North Commercial land use designation) via Resolution 2021-12 (PDF) on March 15, 2021.  The amended NC land use designation identifies the parcels in the NC zone where multiple dwelling unit residential use is allowed and parcels where multiple dwelling unit residential use is prohibited.

Background - Del Mar’s Certified Housing Element and Housing Programs

On May 20, 2013, the City Council adopted the 2013-2021 Fifth Cycle Housing Element as part of the Del Mar Community Plan.   On June 6, 2013, the Housing Element was certified by the California State Department of Housing and Community Development (HCD).

The certified Housing Element includes goals and implementation strategies, referred to as Housing Programs, to promote and accommodate housing for all segments of the community, including lower-income households. The certified Housing Element (Programs 2-E and 2-F) requires the City amend the NC and PC zones to allow residential up to 20 dwelling units per acre (du/ac) for projects with an affordable housing component.  This density is identified in the certified Housing Element as a density able to support affordable housing, per the State of California.  The entire certified Housing Element (PDF) is available on this website. 

While the overarching goal of the Housing Element is to increase the capacity to create affordable housing units, the law does not currently require cities to actually construct any affordable units.  Instead, housing law requires that the City demonstrate its land use designations and review processes provide realistic opportunities for the development of new, affordable units to occur.  It should be noted that the City of Del Mar is currently the only city in the region without built affordable housing units. 

If the City does not meet its affordable housing obligations, various negative impacts can arise, including but not limited to:

1. Requirement for additional affordable units, levied as a penalty by the State; 
2. Decreased competitiveness when applying for state and local grant funds; and
3. New State legislation that can mandate action and enforcement.

To learn more about Del Mar’s housing policies and good faith efforts to implement the housing program in accordance with State Law, view the following information on the City’s website:

• May 21, 2018 City Council Packet (PDF)
• June 4, 2018 City Council Packet (PDF)

On September 8, 2020, the City Council certified the Final Program Environmental Impact Report (PEIR – SCH No. 2019029058) and Mitigation, Monitoring, and Reporting Program via Resolution 2020-47.  The PEIR covers the NC and PC Program actions as well as analysis of the potential for housing in the Public Facilities zone.  The Final PEIR is available at the following link:

NC/PC Program Environmental Impact Report (PEIR)

NC/PC PEIR Appendices

NC/PC PEIR Findings

DRAFT PEIR - Comment Letters 

Comment Letters on Draft PEIR for the NC/PC Zoning Amendment

NOP Comment Letters:

EIR Notice of Preparation Comments received (PDF)

Project Schedule

Comments or Questions

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