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Del Mar, California, Measure R, Beachfront Property Development Regulations Amendment (November 2018)

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Local ballot measure elections in 2018
Measure R: Del Mar Beachfront Property Development Regulations Amendment
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The basics
Election date:
November 6, 2018
Status:
Defeatedd Defeated
Topic:
Local zoning, land use and development
Related articles
Local zoning, land use and development on the ballot
November 6, 2018 ballot measures in California
San Diego County, California ballot measures
Local property on the ballot
See also
Del Mar, California

A measure designed to amend regulations for the development of beachfront property was on the ballot for Del Mar voters in San Diego County, California, on November 6, 2018. It was defeated.

A yes vote was a vote in favor of reducing development potential for beachfront properties located in the Beach Overlay Zone if parcels extend beyond the Shoreline Protection Area established by the Beach Protection Initiative.
A no vote was a vote against reducing development potential for beachfront properties located in the Beach Overlay Zone if parcels extend beyond the Shoreline Protection Area established by the Beach Protection Initiative.

Election results

Del Mar Measure R

Result Votes Percentage
Yes 449 18.42%

Defeated No

1,988 81.58%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

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? [2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Del Mar City Attorney:

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.”[2]

—Del Mar City Attorney[3]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a successful initiative petition campaign.

See also

External links

Footnotes

  1. San Diego County Registrar of Voters, "Local Measures for November 6, 2018," accessed September 23, 2018
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Voter's Edge, "Measure R," accessed September 24, 2018