The property owner of seven beachfront acres in Del Mar has been fighting for years to develop the land into a mixed-income apartment complex. Developers for Seaside Ridge want to build 259 apartment units – 85 of which would be priced for low to moderate-income renters.
NBC 7 Investigates first reported on the housing project last March, but nearly a year later, developers have yet to break ground. Now, the property owner is moving this housing battle out of city hall and into the hands of a judge.
In a lawsuit filed against the City of Del Mar and City Council, property owner Carol Lazier says Del Mar city leaders refuse to process the project application in a quote “flagrant violation of state housing mandates.”
At the heart of the lawsuit is a state provision commonly referred to as “builder’s remedy.” Under that provision, if cities don’t set aside enough space for new and affordable housing, developers can bypass zoning areas and force cities to let them build where they want.
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The City of Del Mar was among eight cities in San Diego County out of compliance with state housing laws at the time of NBC 7's report on Seaside Ridge in March 2023. Two months after our report aired, the City of Del Mar met the state's minimum housing plan requirements. Lazier argues the city's current compliant status is "clearly erroneous" because the city was well past the state's deadline and out of compliance at the time Seaside Ridge was proposed.
“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, the policy co-chair for the YIMBY Democrats of San Diego, a pro-housing advocacy group that supports Seaside Ridge. “What we really need is more housing right now.”
“The state is basically laying down the hammer,” said real estate development consultant Nathan Moeder in an interview with NBC 7 Investigates last year. “If you’re out of compliance, the state will just approve it.”
NBC 7 Investigates reached out to the Del Mar City Manager and Council for a response. They said our media request was the first they’ve heard of the suit, and as they still haven’t been served they had no comment.
There are dozens of similar legal battles between developers and cities across the state, from Palo Alto to Huntington Beach.
“I think what it really shows is that our cities really need to step up,” said Latchford. “They need to be doing everything that they can to have more housing built.”
Affordable housing is based on a percentage of a county’s area median income. In San Diego County last year, that was $116,800 for a family of four.
