Legal Showdown Unfolds Over Del Mar Beachfront Mixed-Income Housing Project

Del Mar property owner files lawsuit to build housing development

The contentious development of seven beachfront acres in Del Mar into a mixed-income housing project has escalated into a legal battle. The property owner, Carol Lazier, is taking the fight to court, accusing the City of Del Mar and its City Council of violating state housing mandates.

Developer’s Vision

Developers for Seaside Ridge aim to construct a mixed-income project, featuring 259 apartment units, 85 of which are designated for low to moderate-income renters. Despite initial coverage by NBC 7 Investigates last March, the groundbreaking is yet to occur.

From City Hall to the Courthouse

The property owner’s frustration with the lack of progress has prompted a shift from city hall to the legal arena. Lazier’s lawsuit alleges a “flagrant violation of state housing mandates” by city leaders.

“I think it would be amazing if the City of Del Mar could just approve the project, and then we wouldn’t have to go through all of these challenges,” says Jordan Latchford, policy co-chair for the YIMBY Democrats of San Diego, a pro-housing advocacy group supporting Seaside Ridge.

Builder’s Remedy Provision

At the heart of the lawsuit lies the state provision known as “builder’s remedy.” This provision allows developers to bypass zoning regulations and compel cities to approve construction in desired locations if they do not allocate sufficient space for new and affordable housing.

City’s Compliance History

NBC 7’s report in March 2023 revealed that the City of Del Mar was among eight cities in San Diego County not in compliance with state housing laws. While the city later met the state’s minimum housing plan requirements, Lazier argues that the current compliant status is “clearly erroneous” due to past non-compliance during Seaside Ridge’s proposal.

“The state is basically laying down the hammer. If you’re out of compliance, the state will just approve it,” emphasizes real estate development consultant Nathan Moeder.
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City’s Response

In response to NBC 7 Investigates’ inquiry, the Del Mar City Manager and Council state that the lawsuit is news to them, and as they have not been served, they refrain from providing any comments.

Statewide Housing Challenges

Similar legal battles between developers and cities are unfolding across the state, from Palo Alto to Huntington Beach. Latchford underscores the importance of cities taking proactive measures to facilitate more housing construction.

Affordable Housing Statistics

Affordable housing is determined as a percentage of the county’s area median income, which stood at $116,800 for a family of four in San Diego County last year.