Lawsuit filed against
city of Del Mar
When the plans for Seaside Ridge were submitted in 2022, we were hopeful the city of Del Mar would embrace this worthy project as a meaningful way to help meet its state mandate for 113 affordable housing units. Unfortunately, the city has done nothing but obstruct this proposal at every turn in violation of state law.
After years of thwarted efforts, the Seaside Ridge property owner made the difficult decision to sue the city of Del Mar in February 2024. We sincerely believe that each jurisdiction must do its part as required by state law.
Sadly, the fight against housing is not unique to Del Mar. Other affluent cities are also sidestepping their housing obligations. Seaside Ridge will not only help families looking for housing in our region, but also has the potential to set important precedent for housing production in the state!
Good News from the Courts
In March 2024, the courts decided in favor of a developer in the LA area, who had sued the city of La Cañada Flintridge for not processing its housing project under a law known as Builder’s Remedy. The law requires cities without a compliant housing plan (formally known as a Housing Element) to approve and process eligible housing projects. It is the same law we contend the city of Del Mar has violated. The Coast News did a great write up on the case and the parallels with Del Mar. Click here to check it out.
In March 2025, the La Cañada Flintridge City Council wisely moved to discontinue it’s appeal. The decision by La Cañada Flintridge to withdraw its appeal certainly bodes well for the case against the city of Del Mar and any other affordable housing proposals that have been wrongly denied in violation of the Builder's Remedy law – even ones in the state’s coastal zone. Read more from Attorney General Rob Bonta.
Given the likelihood that Seaside Ridge will prevail in court, the city of Del Mar should follow La Cañada Flintridge’s decision and put down its sword. Prolonging their two-year stand-off will only increase the amount of legal fees that Del Mar taxpayers will continue paying the city’s outside attorneys, as well as legal fees for which it will have to reimburse Seaside Ridge.
More than just Builder's Remedy
Although Builder's Remedy is a part of our case against Del Mar, there is another, lesser known law that equally supports Seaside Ridge. It's called AB 1398, and it's basically a consequence for missing the deadline to have a certified Housing Element, which requires the city to rezone "candidate sites" like Seaside Ridge.
While the city disagrees, the state department of Community Housing and Development (HCD) recently issued a letter to the city to correct them. Click here to read The San Diego UT coverage of this.
Hopefully, the new Del Mar City Council will stop wasting its taxpayers' money fighting this project and refocus its resources on essential community services, such as utility undergrounding and maintaining city beaches and parks.