DEL MAR — The city of Del Mar has requested to meet with California Department of Justice officials for further discussion about the proposed Seaside Ridge housing project, after the office accused the city of a bad-faith refusal to approve the project application.
Lawyers for the city of Del Mar sent a letter to Supervising Deputy Attorney General David Pai on Dec. 19, in response to a warning letter earlier in the month, arguing that the city has effectively blocked Seaside Ridge developers from any straightforward process to appeal to the City Council or the courts.
The AG’s Office said the city could face penalties if it continues refusing to process the Seaside Ridge application, with orders to “either narrow its questions and process the application without further delay, or deny the application so the project applicant can seek relief in court.”
Assistant City Attorney Ralph T. Hicks said the city was disappointed that it was not first contacted to provide information to the AG’s Office before its letter, which appeared to echo “misrepresentations” from Seaside Ridge officials about the situation.
“The City requests a meeting with your Department to provide a detailed history of the Seaside Ridge application process, the actions of the Seaside Ridge team, and more importantly how the Department can help the City reach its housing goals,” Hicks said in the letter. “Every action the City has taken regarding the Seaside Ridge application is undeniably consistent with state housing laws and more importantly with the California Coastal Act.”
Carol Lazier, who owns the 929 Border Avenue property on the bluff overlooking Del Mar Dog Beach, first proposed the 259-unit Seaside Ridge project back in 2022. Of the 259 units, it proposes 42 units for low- to extremely low-income households.
City staff have repeatedly asserted that the application cannot proceed because it is missing required materials, including a rezoning application, a Local Coastal Program Amendment, a coastal development permit, and conditional use permits.
Lazier argues that the city was required to process the project administratively under a state law known as the builder’s remedy, because the preliminary application was submitted before the city’s Housing Element was certified.
However, Del Mar staff contend that the builder’s remedy does not apply under an exemption for projects that grow by more than 20% following the preliminary application. Del Mar states that the project’s square footage changed by 28% between the preliminary application and subsequent applications.
Seaside Ridge has said this change in square footage was due to a clerical error. But Del Mar emphasized in its letter to the AG’s Office that the preliminary application covered 308,968 square feet, which clearly grew to 396,259 square feet in the second full application, reflecting significant growth, including a new parking level.
Lazier sued the city in 2024, but a judge dismissed the case, ordering the developer to first exhaust all available remedies by appealing the city’s determination that the application was incomplete.
Lazier then appealed the city’s determination to the City Council, which declined to order a de novo hearing to reconsider the finding that the project was incomplete. Lazier filed a new complaint in court against the city in late October.
The city said there is a clear way forward for Seaside Ridge to address the areas of concern within the application and that it stands ready to process it once the missing materials are submitted.
Del Mar officials have also offered to collaborate with Lazier to jointly plan the project to “harmonize the coastal resource protection issues with the low-income housing goals of the project.” However, this offer was met with “outrageous, bad-faith demands,” the city said.
Del Mar also noted that state housing officials have already reviewed complaints from Seaside Ridge about the city’s handling of their application.
Back in 2023, counsel for Seaside Ridge filed a complaint with HCD regarding the city’s refusal to process the application. After speaking with and reviewing documentation from city officials, HCD’s Accountability Unit “concluded their investigation which resulted in no further action,” Hicks wrote.
Del Mar’s 6th Cycle Housing Element lists the 929 Border Avenue property as a contingency site for rezoning if the city cannot reach an affordable housing agreement with the Del Mar Fairgrounds to develop at least 61 affordable units on their property.
In their letter, the city argued that the Seaside Ridge team is attempting to undermine ongoing affordable housing negotiations with the Fairgrounds to clear the way for their project.
Hicks outlined how Seaside Ridge representatives have spoken at multiple Fairgrounds board of directors meetings, urging them to end their negotiations with Del Mar and stating that their own project will satisfy all of the city’s affordable housing obligations.
The city said this conduct runs counter to the will of the state HCD, which has awarded a $1.5 million grant for studies related to Fairgrounds housing.
The project also has support from state Sen. Catherine Blakespear, Assemblymember Tasha Boerner, the San Diego County Board of Supervisors, and the San Diego Association of Governments.
“It is an attempt to undercut the purpose of the HCD grant and the will of State and local elected officials,” the city’s letter states.
