6th Cycle Housing Element Program Implementation

The City of Del Mar adopted its 6th Cycle Housing Element on March 25, 2021; and re-adopted the Housing Element on December 13, 2021 to incorporate modifications required by HCD. The 6th Cycle applies to the planning period years 2021-2029.  While the City continues to work with HCD towards certification by addressing various non-zoning related revisions, implementation of the adopted 6th Cycle Housing Programs (41 programs) is underway. 

The City has adequate sites and sufficient zoning in place to meet its RHNA for the 6th Cycle. For information on opportunities for development of multi-unit residential on privately owned sites in the North Commercial Zone, Professional Commercial Zone, and 941 Camino del Mar Specific Plan Zone please refer to the Housing Element Sites Inventory.  Planning studies are underway to consider potential incentives for affordable housing development in these locations.

In addition to development in the commercial zones referenced above, there are opportunities for development of Accessory Dwelling Units (ADUs) in all zones that allow residential use.  The City offers an incentive program for property owners who commit to deed restrict an ADU for rent to a low income household.

The City is exploring options for development of affordable housing on publicly owned sites including the State Fairgrounds and two City-owned vacant lots at 10th Street (Civic Center) and 28th Street.  On June 13, 2022, the City Council held a special meeting to receive an informational report on the findings of the Phase I feasibility studies conducted by two consultant teams related to the potential for housing on these public sites including: 1) zoning analysis and architectural concepts for various site scenarios; and 2) economic analysis and financing strategies. It is important to note that the Phase I studies identified site concepts that show massing of a potential development for the purpose of showing the relative height and square footage for the various scenarios that were analyzed. These are not architectural designs or proposed projects.  The information collected is intended as a starting point to help inform future decisions regarding implementation of the Housing Element.  Staff will return to City Council in September 2022 to discuss next steps.

Accomplishments for FY 21-22:

  • Completed Program 1A North Commercial (NC) Zone and Program 1B Professional Commercial (PC) Zone by obtaining final California Coastal Commission (CCC) certification on May 11, 2022, confirming approval of the density allowance adopted by the City Council on April 5, 2021, that allows a density of 20 dwelling units per acre in the NC and PC commercial zones, and including CCC modifications to harmonize State housing law and the Coastal Act 
  • Completed Phase I studies relating to housing opportunities at the State Fairgrounds and two other public properties (City-owned) identified as adequate sites (Program 3A)
  • Adopted new City Council Policy 118 to require a Housing Impact Statement in Agenda Reports (Program 5B)
  • Posted notice of exemption from SB 35 applicable to coastal jurisdictions (Program 6A)
  • Posted List of Community Assistance Programs and Housing Resources Available (Program 7I)
  • Completed final CCC certification of Housing Element Implementation Overlay Zone/Rezone confirming approval of the zoning actions adopted by the City Council on April 5, 2021, including CCC modifications to harmonize State housing law and the Coastal Act (5th Cycle Program 2G)
  • Safety Element Update in process
  • New Environmental Justice Element in process (Program 6E)
  • Received Cycle 1 Housing Acceleration Grant funds to support Housing Element implementation tasks (April 2022 – June 2023) to complete Phase I housing studies (public sites), Phase II housing studies (affordable housing incentives), and obtain additional affordable housing consulting services.
  • Initiated Phase II planning studies to identify incentives for production of affordable housing in May 2022 (Programs 1D, 1I, 1J, 2A)
  • Processed RFQ (May 2022) to select affordable housing consultant to facilitate implementation of agreement for housing at the Fairgrounds (Program 3A)
  • Adopted Ordinance (May 16, 2022) to extend the ADU Pilot Incentive Program for Deed Restricted Low Income Units (Program 2A)
  • Processing of Ordinance to update the ADU Regulations in the City’s certified LCP to reflect harmonizing of State Housing law and the Coastal Act in June 2022
  • Processing of Development Agreement/Housing Agreement for 941 Camino del Mar Specific Plan (target 2 low income units)
  • Approved Administrative CDP for proposed Multi-Unit Housing, including 10 lower income units on two vacant lots in NC Zone – local approval was appealed to CCC on May 9, 2022 (contact CCC staff for more information)

State Housing Laws:

AB 1398 was approved by the Governor on September 28, 2021, as a Housing Element enforcement measure that applies if a local government fails to adopt a compliant Housing Element and does not have adequate sites with sufficient zoning to meet its RHNA for lower income households.  In such cases, a local jurisdiction is required to complete applicable rezone actions within one year of the statutory deadline.  The City of Del Mar has adequate sites and sufficient zoning in place to meet its RHNA for the 6th Cycle; and therefore, is not subject to a required rezone pursuant to AB 1398.

  • Senate Bill 330 Housing Crisis Act of 2019 (No Net Loss Provisions) 

Effective January 1, 2020 and through its expiration on January 1, 2025 (five years), California Senate Bill SB 330 (the Housing Crisis Act of 2019 - Government Code Section 65941.1) expands or amends existing State legislation, including the Permit Streamlining Act and Housing Accountability Act, with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a “preliminary application.”  

Local information for applicable SB 330 housing development projects

 Link to Full Text of Senate Bill SB 330 (Housing Crisis Act of 2019) 

  • Density Bonus Provisions

Government Code Section 65915 sets for the State law Density Bonus provisions and imposes these provisions on local jurisdictions.  State law allows an increase in the total number of units permitted on a lot, above the baseline number of units permitted per the applicable zone, in exchange for the provision of more affordable housing units (units that are income restricted for lower income households) in the “bonus project” than would otherwise be required.  Eligible projects may request waivers, incentives and concessions as needed to make the project economically feasible. As a coastal city, the City will be required to harmonize these State housing law regulations with the Coastal Act for local implementation in accordance with the City’s certified LCP. 

  • Senate Bill 35 – Notice of Exemption for Coastal Jurisdictions (per Program 6A)

SB 35 was approved by the Governor in 2017 to streamline multi-unit housing approvals through January 1, 2026.  While the City of Del Mar is a coastal city that is exempt from the SB 35 streamlining provisions per Government Code Section 65913.4(a)(6)(A) because SB 35 streamlining does not apply in the coastal zone, the City will be exploring various incentives to help streamline and incentivize affordable housing per 6th Cycle Housing Element Program 1I, including Phase II planning studies to be initiated in April 2022.

Housing Resources:

EQUAL HOUSING OPPORTUNITY: The City of Del Mar is committed to providing equal housing opportunity for all people regardless of race, color, religion, national origin, ancestry, age, sex, marital status, disability, sexual preference, source of income, families with children or any arbitrary class status.