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November 6, 2018 — California General Election
Local

City of Del Mar
Measure R - Majority Approval Required

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Election Results

Failed

449 votes yes (18.4%)

1,988 votes no (81.6%)

100% of precincts reporting (6/6).

2,715 ballots counted.

Development Regulations For Beachfront Properties
— undefined

Shall the measure proposing to amend development regulations for beachfront properties in Del Mar to exclude any area designated as a "Shoreline Protection Area" from the calculation of floor area ratio, which is used to determine maximum allowable construction and development, be adopted?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

A “Yes” vote means approval of the proposed amendments to the Municipal Code. 

NO vote means

A “No” vote means the voter does not approve amending the Municipal Code as proposed and no changes will be made to the Municipal Code. 

Summary

City Attorney of Del Mar

The ordinance proposed by initiative petition would amend four provisionsof the Del Mar Municipal Code that affect and relate to the development of beachfront properties. The proposed ordinance modifies the definition of four terms in the City of Del Mar's Building Construction and Zoning codes related to the calculation of floor area ratios. The ordinance would exclude any area designated as a "shoreline Protection Area"- defined in section 30.50.040 of the Municipal Code - from the calculation of floor area ratio used to determine allowable construction and development.

The proposed revisions to the Municipal Code include changes to the Zoning definitions of  "Lot Area, Gross" in subsection (J) of section 30.04.120;"Lot Area, Net" insubsection (K) of section 30.04.120; and "Bulk Floor Area Ratio" in section 30.72.030-The ordinance also proposes revisions to the Building Construction definition of "Floor Area Ratio" in section 23.20.030.

Two terms in the definitions section of chapter 30.04 of title 30 -Zoning, would be revised to exclude portions of a lot that qualify as Shoreline Protection Area. "Lot Area, Gross" would exclude any portion of a lot that is designated as Shoreline Protection Area. "Lot Area, Net," would similarly add any portion of a lot designated as Shoreline Protection Area to the areas already excluded from the net lot area calculation, such as public right-of-way.

"Bulk Floor Area Ratio," contained in chapter 30.72 - Bulk Floor Area Limitations of title 30 - Zoning, would be modified to explain that the "total area of the lot" used to determine the bulk floor area ratio (and to in turn determine the amount of bulk floor area that can be constructed upon a lot) is equivalent to the definition of Lot Area, Gross.

Finally, in title 23 - Building Construction, "Floor Area Ratio" would also be amended to explain that the "total lot area" used to determine the floor area ratio with respect to installation of solar energy systems is equivalent to the definition of Lot Area, Gross.

Impartial analysis / Proposal

City Attorney, City of Del Mar

City Attorney Impartial Analysis:
Amending Development Regulations for Beachfront Properties Initiative

Measure R is a measure placed on the ballot by a petition signed by the requisite number of voters of the City of Del Mar. The ordinance proposed by initiative petition would amend four provisions of the Del Mar Municipal Code that affect and relate to the development of beachfront properties located within the Beach Overlay Zone. The proposed ordinance modifies the definition of four terms in the City of Del Mar’s Building Construction and Zoning codes related to the calculation of floor area ratios. The ordinance would exclude any area designated as a “Shoreline Protection Area” – defined in section 30.50.040 of the Municipal Code – from the calculation of floor area ratio used to determine allowable construction and development.

The initiative is in response to a recent Planning Commission interpretation which allows the Shoreline Protection Area to be included in the calculation of the allowable construction and development of a beach front lot. However, the existing prohibition on development within the Shoreline Protection Area is unaffected by the initiative.

Specifically, the initiative would include changes to the Zoning definitions of “Lot Area, Gross” in subsection (J) of section 30.04.120; “Lot Area, Net” in subsection (K) of section 30.04.120; and “Bulk Floor Area Ratio” in section 30.72.030. The ordinance also proposes revisions to the Building Construction definition of “Floor Area Ratio” in section 23.20.030.

The effect of the initiative would be to reduce the development potential of those beachfront properties located in the Beach Overlay Zone and whose parcels extend beyond the Shoreline Protection Area established by the Beach Protection Initiative (Chapter 30.50 of the Del Mar Municipal Code). It is estimated that approximately 28 beach front lots would be effected. The majority of these lots would be north of 29th Street. The development potential of these lots would be reduced by approximately 20% - 50%, depending on the location and size of the lot.

Legal concerns have been raised regarding the initiative’s impact on private property interests, exposure of the City to legal claims and the creation of non-conforming structures. In addition, the initiative could have unintended city-wide impacts of allowing lots currently encumbered with public rights of way, road easements and private street, to include those portions of private properties in the floor area ratio calculations, resulting in greater development intensity.

A “Yes” vote means approval of the proposed amendments to the Municipal Code. A “No” vote means the voter does not approve amending the Municipal Code as proposed and no changes will be made to the Municipal Code. The Amendment becomes effective if a majority of those voting on it vote “Yes.”

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE R

 

Yes on R: Support our Shoreline


The Del Mar community is anchored by its greatest natural asset: our beach. Responsible – and predictable – development is critical to keep our beach front attractive and enjoyable for all Del Mar residents and visitors. 

 

That is why we urge you to vote YES on R. It correctsan action of the City Planning Commission in November 2017 that undermined 25 years of precedent and predictability. Measure R restores the fair envisioned for and cherished by our community. 

 

Our City Council had the opportunity to solve this problem. Instead, they chose to indulge the special interest of a few beachfront property owners over the broader community’s interests. To ensure open and fair government for all, City rules cannot be arbitrary; zoning regulations cannot be changed on the fly. 

 

It’s simple. A YES on Measure R: 

 

·     Returns to a fair and common-sense approachfor future development of certain beachfront properties. 

·     Establishes a predictable baseline to prevent community disputes over sightlines, blocked sun, and over-massing.

·     Exercises local voter control by creating aconsistent, clear definition for calculating the maximum potential floor area – stopping the uneven application or re-interpretation of the rules. 

·     Preserves our existing residential character. 

 

Our community and our shore define Del Mar. All Del Mar voters have an interest in how our beachfront will be developed in the future. Help Del Mar return to good local governance and reclaim fair and predictable development on our shore. 


Don’t just take our word for it – you can read it for yourself at DelMarSOS.com

 

 

Join us. VOTE YES ON R!

— City of Del Mar

Read the proposed legislation

Proposed legislation

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The text of this measure will be entered into Voter's Edge by a League of Women Voters volunteer, using a PDF version of a sample ballot prepared by the San Diego County Registrar of Voters.

To find your own sample ballot version, containing all the candidates and measures on your own ballot, please use the ROV's sample ballot look-up tool at https://www2.sdcounty.ca.gov/rov/Eng/ballot.asp .

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Who supports or opposes this measure?

Yes on Measure R
Organizations (0)
Elected & Appointed Officials (0)
No on Measure R

Organizations (2)

Elected & Appointed Officials (0)

More information

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