6th Cycle Housing Element Program Implementation

Certified Housing Element - 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 and April 3, 2023 to incorporate modifications required by HCD. On May 31, 2023, HCD determined the City’s Housing Element to be in substantial compliance with State Housing Element Law. The HCD letter confirms that the City currently has adequate sites and that the City addressed all statutory requirements to establish “substantial compliance”. The 6th Cycle applies to the planning period years 2021-2029.

The 6th Cycle applies to the planning period years 2021-2029. As of January 1, 2025, the City has already approved permits for 204 net-new housing units in a range of income categories, including above moderate, moderate, low income (8 units), very low income (2 units), and extremely low income (2 units). This exceeds the total number of dwelling units assigned to the City through the RHNA process (163). The City is actively working on strategies to facilitate production of lower income units in new development projects consistent with the certified Housing Element.

The City's Housing Element Program commitments are being timely implemented. Only one programs has not yet been initiated because it is a contingency program. The City has implemented/completed or initiated 44 of its 45 programs as of June 2025. Following is a description of the City's progress towards implementation of the adopted 6th Cycle Housing Programs (45 programs). 

Housing Development Opportunities - 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 the State Fairgrounds, City-owned sites, or privately owned sites in the North Commercial Zone, Professional Commercial Zone, and 941 Camino del Mar Specific Plan Zone please refer to: 

Amendments to Create Housing Capacity in the Central Commercial and Public Facilities Zone - The City completed Housing Element Programs 1C (Central Commercial Zone) and 1H (Public Facilities Zone) to further increase the local housing capacity per California Government Code Section 65863 by creating new housing opportunities in these zones. Implementation involved amendments to the City's General Plan, Local Coastal Program, and Zoning Code. On April 1, 2024, the City Council adopted the General Plan Amendment and introduced the Ordinance amending the Zoning Code and Local Coastal Program. On April 15, 2024, the City Council adopted the Ordinance, which timely met the deadline per State Housing law. 

On April 7, 2025, the City Council introduced an amending Ordinance to accept the modifications required by the California Coastal Commission on February 6, 2025. The amending Ordinance was adopted on April 21, 2025. The code regulations took effect on May 7, 2025, following final certification by the California Coastal Commission.

See below for link to the City Council Agenda Reports: 

Accessory Dwelling Units and Incentive Programs - The City has a dedicated web page with information on Accessory Dwelling Units (ADUs). There are opportunities for development of ADUs in all zones that allow residential use. Refer to the City’s adopted ADU Ordinance (PDF) in process with the California Coastal Commission for final certification. The City also offers Incentive Programs for property owners who commit to deed restrict an ADU for rent to a moderate income or low-income household, including the ADU Incentive Program (PDF) and the ADU Amnesty Program (PDF).

Density Bonus Incentive Program - The City adopted a local density bonus ordinance on May 6, 2024. The local ordinance is consistent with the current State Density Bonus Law and explains the local procedures for implementation of density bonus project applications. Refer to the City Council Agenda Report for May 6, 2024 (see Item 7 Second Reading and Adoption of Density Bonus Ordinance). 

Inclusionary Housing and Condo Conversion Ordinances - Housing Element programs 4D and 4E amend the inclusionary housing and condominium conversion regulations. On July 9, 2024, the Planning Commission recommended approval to the City Council of the proposed code amendments. On September 23, 2024, the City Council unanimously voted to introduce the ordinances to amend the inclusionary housing and condominium conversion regulations. The City Council adopted the ordinances on October 7, 2024. The Coastal Commission certified the companion Ordinance/LCPA on April 9, 2025.

Affordable Housing Opportunities on Publicly-Owned Sites - The Housing Element identifies three project locations 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. See Housing Element Appendix E Planning Studies of public sites.  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 site concepts show massing of 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.  The City is coordinating with the 22nd District Agricultural Association on implementation of the Fairgrounds housing strategy.  For the two small City-owned sites, the City applied for grant funding and will be seeking interest from potential non-profit development partners.  Please contact the Planning Department at Planning@delmar.ca.us for information.

Accomplishments through June 2025:

  • Executed an Exclusive Negotiating Rights Agreement (ENRA) with the California 22nd District Agricultural Association in March 2024 that took effect April 15, 2024, related to the Program 3A Fairgrounds Housing plan for at least 61 lower income units on the State Fairgrounds. The purpose of the ENRA is to identify a mutually agreeable site for development of affordable housing; complete site due diligence; determine the scope/components of development; make a preliminary determination on the feasibility of the proposed development; and establish procedures and standards for the negotiation of a mutually acceptable long-term ground Lease agreement for development of affordable housing
  • Completed feasibility studies related to affordable housing at the Fairgrounds in 2024 to supplement completed Phase I studies demonstrating the feasibility of housing opportunities at the State Fairgrounds and two other public properties (City-owned) identified as adequate sites (Programs 3A and 3B). The City also selected an affordable housing consultant and has been coordinating with potential funding sources for affordable housing at the Fairgrounds and City-owned sites
  • Executed MOU reimbursement agreement (May 2025) to facilitate use of HAP Grant funds to cover 5 task orders for collection of due diligence and feasibility study information relating to potential sites for affordable housing at the Fairgrounds. 
  • Adopted the Central Commercial Zone and Public Facilities Zone (CC/PF) General Plan Amendment and Ordinance amending the Zoning Code and Local Coastal Program in April 2024 (Programs 1C and 1H). The Ordinance was conditionally certified with modifications by the Coastal Commission on February 6, 2025. Coastal Commission final certification was granted May 7, 2025.
  • Adopted the SB 9 Implementation regulations June 19, 2023. The Ordinance was conditionally certified with modifications by the Coastal Commission on April 9, 2025. Coastal Commission final certification was granted June 12, 2025.
  • Adopted Density Bonus Ordinance on May 6, 2024, to repeal and replace the existing density bonus regulations in Del Mar Municipal Code (DMMC) Chapter 30.90 in compliance with Program 1G and State Density Bonus Law (California Government Code Sections 65915, et seq.). 
  • Adopted Inclusionary Housing and Condo Conversion ordinances (4D/4E) on October 7, 2024
  • Adopted ADU Ordinance on December 18, 2023, to update the ADU Regulations in the City’s certified LCP to reflect harmonizing of State Housing law and the Coastal Act and implement regulations for Tiny Homes (Program 2F). The Ordinance was conditionally certified by Coastal Commission on March 13, 2025. Final certification was granted on June 12, 2025.
  • Adopted ADU Incentive Program for Deed Restricted Low Income Units and strategies for preservation of rental units in existing older apartment and condo complexes (Programs 2A and 5A) on December 18, 2023.
  • Adopted ADU Amnesty Program (Program 2B) on December 4, 2023
  • Adopted Manufactured Housing Ordinance (Program 1F) on September 18, 2023
  • Adopted Short Term Rental Regulations Ordinance as a strategy to preserve long term housing in residential zones (Program 5C). STR Ordinance is currently pending certification by the Coastal Commission.
  • Adopted Objective Design Standards Manual and Regulations (Program 6G) on September 23, 2024
  • Initiated work on the Environmental Justice Element (Program 6E) Safety Element Update (Program 6H)
  • Initiated work on the supportive housing-related amendments (Programs 4A and 4B) 
  • Completed planning studies to identify potential incentives for affordable housing development (January 2023) relating to Program 1I
  • 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 
  • 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)
  • Awarded Cycle 2 Housing Acceleration Grant funds to support Housing Element implementation tasks (January 2024 – December 2025) to implement the Affordable Housing strategy at the Fairgrounds (Program 3A), complete Objective Design Standards (Program 6G), and complete Supportive Housing-related tasks (Programs 4A and 4B)
  • Completed implementation of 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
  • Completed Phase II planning studies to identify incentives for production of affordable housing in January 2023 (Programs 1D, 1I, 1J, 2A)
  • Adopted Development Agreement/Housing Agreement for 941 Camino del Mar Specific Plan (target 2 low income units) in August 2022
  • 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.  On November 17, 2023, the California Coastal Commission upheld the City’s approval.

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 completed January 2023.

Fair Housing Resources:

What is fair housing?

Ensuring that people with similar income levels in the same housing market have the same range of choices available to them despite their protected class status.  Discrimination in the sale, rental, and financing of dwellings and other housing-related transactions is prohibited.  Per California Assembly Bill 686 (effective January 1, 2029), all jurisdictions in California have a duty to Affirmatively Further Fair Housing (AFFH).  Del Mar’s Housing Element certifies the City will AFFH.

Information and resources on fair housing and tenant protections are provided below:

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.April 1, 2024 – Item 9 (PDF)