Developer Planning Housing on Del Mar Bluffs Delays ‘Builder’s Remedy’ Lawsuit

The developer of Seaside Ridge, apartments proposed for Del Mar’s vacant north bluff, has requested a delay in the hearing set in a lawsuit against the city over the affordable housing project.

The delay was requested to allow time for the California Court of Appeal to issue its decision in a similar lawsuit against a city in Los Angeles County. 

The 259-unit Seaside Ridge development would be built on a 6.9-acre parcel on the Del Mar’s north bluff that was once targeted for a luxury resort hotel. The land, owned by San Diego philanthropist Carol Lazier, is currently zoned for a single large home and fenced off.

Seaside Ridge filed its suit in March after the city of Del Mar refused to process its development application in accordance with state laws intended to alleviate the housing crisis and provide affordable housing. 

Also in March, a court ruled that the city of La Cañada Flintridge violated state housing laws when it denied an application for an affordable housing project. The ruling required the city to process the application, however the city is now appealing the decision. 

There are similarities between the La Cañada Flintridge case and Seaside Ridge. Seaside Ridge contends the city of Del Mar, which doesn’t have a single unit of affordable housing constructed, is violating the same state housing laws as La Cañada Flintridge. 

“We requested this continuance to give time for the La Cañada Flintridge case to play out and to give the city of Del Mar another chance to reconsider its position before the courts decide for them, “said Darren Pudgil, spokesman for the Seaside Ridge project.

“The final determination of the suit against La Cañada Flintridge could have far-reaching impacts. Not only could it have a substantial bearing on our project, but also many others throughout California,” Pudgil said.

Both lawsuits involve California’s Builder’s Remedy, which prevents cities without a state-compliant housing plan, known as a Housing Element, from denying affordable housing projects.

“When we submitted our plans for Seaside Ridge two years ago, 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,” said Pudgil. “Unfortunately, despite our best efforts, the city has done nothing but obstruct this proposal at every turn in violation of state law.”

Del Mar has repeatedly determined that the development application for Seaside Ridge is “incomplete,” most recently in December.

The city has identified land on the Del Mar Fairgrounds as a possible site for affordable housing, but has not opposed re-routing the coastal rail line through the property, which would make it unavailable.

In addition to market rate and affordable housing units, the Seaside Ridge project would open up the north bluff to the public with a new park and trail.