DEL MAR — Going against the city Planning Commission’s previous decision, the Del Mar City Council came to a land-use decision reaffirming a city municipal code that does not allow for decorative structures in the commercial zone.
Carl Reinholz, a Del Mar resident and property owner of 1125 Camino Del Mar, came to the Planning Commission in May seeking a determination of allowable use for structures he had placed in a 10-foot landscaped setback of his property.
The Planning Commission’s decision found that “decorative structures” in landscaped setbacks were an allowable use as long as 80% of the setback remained landscaped.
In its decision, this week by a 3-1 vote, the City Council rejected the Planning Commission’s decision.
In the municipal code, landscaping is defined as “trees, grass, ground cover, shrubs, vines, rock gardens, planter boxes installed and maintained, but not including paving, decking or artificial plants.” The recommendation from city staff states that the definition does not include the structures on the Reinholz property.
“I submit that is an overly restrictive and unnecessary interpretation,” said Reinholz’s attorney D. Wayne Brechtel, of Worden Williams LLP in Solana Beach. “There is room in the city to allow for some creativity and I think this is one of those instances.”
Councilmember Dan Quirk did not vote to hold the de novo hearing following the planning commission’s decision and did not hear any case for throwing the decision out.
“This is easy in my mind,” Quirk said. “This just seems like something that should be part of Del Mar. To make him tear down additional structures at this point doesn’t make sense to me.”
Quirk added that since some of the landscaping planted in the setback is expected to grow and cover more of the setback, it would constitute more relief.
Tenants of 1125 Camino Del Mar sent in correspondence to the city before the hearing expressing their support for the setback as it currently exists.
Dean Meredith, an architect whose office is in the Reinholz property, says all of the tenants of the building have enjoyed the setback.
“All of the private tenants of 1125 Camino Del Mar enjoy the experience of seeing the mix of Iandscape and the ornamental elements,” Meredith wrote. “Because it is not viewed by the public, only private tenants, there should be some relief tonight from the strict interpretation of the Iandscape setback.”
Mayor Terry Gaasterland, however, put the decision in the context of possible future decisions the city may have to make regarding high-density housing.
“We need to be extremely careful here today the decisions we make here will be decisions that can be upheld when similar decisions come before us in the future,” Gaasterland said. “So I see a decision here today to reject the structures as our responsibility.”
With higher density housing expected in areas adjacent to the commercial zone, this decision may come back into play in future developments.
