DEL MAR — The controversial Seaside Ridge project will formally go before the Del Mar City Council for the first time on Sept. 22, as the developer appeals the city’s previous decision finding the project application incomplete.
An appeal was filed on July 31 by Carol Lazier, the owner of the 929 Border Avenue property just north of Del Mar Dog Beach and developer of the Seaside Ridge project proposed at the site. The nine-building development would include 259 housing units, including 42 units for low- to extremely low-income households.
The project application was first submitted in late 2022. Staff have repeatedly determined the application to be incomplete due to missing materials for rezoning, a Local Coastal Program Amendment, a coastal development permit and conditional use permits for the project.
Seaside Ridge representatives argue that they are not required to submit these materials under state housing laws and that the city is already required to rezone the 929 Border Avenue property to comply with its own 6th Housing Element.
They have also cited the builder’s remedy law, stating that the city is required to approve their project because it did not have an approved Housing Element at the time. The city has refuted all of these arguments.
Lazier is bringing forward the appeal after attempting to move the project forward through the courts. She sued the city of Del Mar in San Diego County Superior Court in early 2024, alleging that the city’s refusal to approve the project violated state housing law, and asking the courts to compel the city to approve it.
However, a judge dismissed Lazier’s petition in June, stating that the developer needed to exhaust all administrative remedies at the city level, such as an appeal, before the courts could intervene. Lazier filed her appeal with the city about a month later.
“For all of the reasons described herein, the City Attorney’s determination that the Project Application is incomplete is in error and violates applicable law. The Application is complete,” Brooke Miller, an attorney from Sheppard, Mullin, Richter & Hampton representing Lazier, said in the appeal letter.
At an Aug. 18 meeting, Del Mar officials confirmed the City Council will have an initial consideration of the appeal on Sept. 22, at which time they will consider whether to uphold staff’s findings that the application was incomplete or order a de novo hearing.
If council members choose a de novo hearing, the council will have another discussion at a future meeting regarding the Seaside Ridge application.
Councilmember Dan Quirk requested that the appeal be heard sooner, and referenced statements from project representatives claiming that the city has been holding up the project.
“I want this to come as soon as possible,” Quirk said. “Why is this the soonest we can do?”
City Manager Ashley Jones noted that the appeal was only filed in the last few weeks, and said the city has been responding in a timely manner in their communications with the applicant.
“I can assure you, we are not dragging our feet,” Jones said.
Seaside Ridge representatives have argued that the city did not provide an adequate pathway to file an appeal, since the project was not formally rejected in an administrative or public hearing.
While Del Mar planning staff have repeatedly stated in correspondence with Seaside Ridge that the project application was incomplete, the city did issue another formal notice on July 18 reiterating this finding, which is serving as the basis for the appeal.
Representatives for Seaside Ridge have said they are still open to resolving this matter with the city rather than continuing to fight.
“While the Applicant preserves all legal rights to pursue this matter further, we continue to remain open to a productive resolution — one that meets both the City’s obligations and the public’s need for affordable housing along the coast. We look forward to the City Council’s decision,” Miller said in the appeal.
According to a July 18 letter from Assistant City Attorney Ralph Hicks to Seaside Ridge lawyers, representatives for both the city and Lazier were planning to enter into a joint planning effort to move the project forward following the court’s dismissal of the case.
However, these conversations did not take place, as Seaside Ridge representatives appeared to switch gears and continued repeating the same arguments to the city and the media.
“Given the mixed messages of the Applicant, it should be made clear by the Applicant if she agrees to enter into a collaborative planning process, or if she prefers to litigate every step of the way,” Hicks said in the July 18 letter.
