Seaside Ridge — Del Mar North Bluff

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Del Mar voters reject a ballot measure that would have allowed a 200-room luxury resort hotel on the same 6.9-acre bluff at 929 Border Avenue. The same site the city will later call too "beautiful and fragile" for housing was acceptable for a luxury hotel.

Carol Lazier submits a preliminary development application for the 259-unit Seaside Ridge project at 929 Border Avenue, filed pursuant to SB 330 and Builder's Remedy. At the time of filing, Del Mar does not have an HCD-certified 6th Cycle Housing Element. Case No. PDA22-001.

Within the required 180-day period, Lazier submits a full Coastal Development Permit application (CDP23-008) and associated materials for the 259-unit development.

Del Mar Principal Planner Matt Bator issues the first incompleteness determination, stating the application is "incomplete and not supported by law." The letter argues Del Mar's Housing Element is already "in substantial compliance" — a position that will prove untenable when HCD does not certify the Element until May 2023.

HCD formally certifies Del Mar's 6th Cycle Housing Element as in substantial compliance — seven months after Lazier's preliminary application was filed. Seaside Ridge argues Builder's Remedy vested at filing and remains applicable. The city argues certification ends Builder's Remedy eligibility.

After the developer resubmits on June 1, 2023, Del Mar issues its second incompleteness determination.

Del Mar issues its fourth incompleteness determination after two additional resubmissions. The city's position: the application cannot be complete without CEQA compliance materials, Coastal Act compliance materials, LCP amendment, and zoning change. The developer's position: Builder's Remedy requires ministerial processing without these materials.

Carol Lazier files a lawsuit in San Diego County Superior Court alleging Del Mar violated multiple state housing laws. Pudgil: "Enough is enough. Having exhausted all other options and after four project submittals and subsequent denial letters from Del Mar, we have no other option than to file suit."

Seaside Ridge voluntarily delays its lawsuit to await the La Cañada Flintridge Builder's Remedy case. Pudgil: "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."

A San Diego County Superior Court judge dismisses Lazier's lawsuit, ruling the developer must first appeal the incompleteness determination to the City Council before seeking court intervention.

Seaside Ridge presses Del Mar to either formally declare the application complete or place the matter on a City Council agenda. "It's time for the city, and specifically the city council, to step up and make a formal decision on our project one way or the other." (Pudgil)

The Del Mar City Council unanimously declines to order a de novo hearing on the developer's appeal, sending the developer back to court.

Following the City Council's September refusal, Lazier refiles a lawsuit against Del Mar in San Diego County Superior Court, alleging bad faith and seeking a court order requiring the city to process and approve the application.

California Attorney General Rob Bonta issues a warning letter to Del Mar stating the city's conduct "could be seen as a deliberate attempt to avoid an adjudication regarding the applicability of the Housing Accountability Act's Builder's Remedy provisions." Threatens penalties under AB 712 (effective January 1, 2026). Tells Del Mar to either process the application without further delay or deny it so the developer can seek court relief.

Del Mar's City Attorney Ralph Hicks sends a letter to the AG's office arguing the warning letter "appears to echo misrepresentations" from Seaside Ridge officials. Del Mar states it has offered to collaborate on joint planning but received "outrageous, bad-faith demands" in return.

The Del Mar City Council votes unanimously to deny the Seaside Ridge application as "incomplete." The developer's attorney Brooke Miller (Sheppard Mullin) argued the application was automatically deemed complete when the city missed its 60-day post-appeal determination deadline. Pudgil: city faces $2.6M+ in fines and "we are optimistic the court will rule favorably." Council simultaneously initiates a North Bluff rezoning process — conceding housing on the bluff is inevitable. Most recent action as of May 28, 2026.

Named plaintiff in both lawsuits against Del Mar. Has pursued the project through four incompleteness determinations, one dismissed lawsuit, a City Council appeal, and a second lawsuit. Attorney argues application was automatically deemed complete when the city missed its 60-day post-appeal determination deadline.

"The City's conduct to date could be seen as a deliberate attempt to avoid an adjudication regarding the applicability of the Housing Accountability Act's Builder's Remedy provisions." (December 2025 warning letter). Threatened penalties under AB 712. Told Del Mar to either process the application without further delay, or deny it so the developer can seek court relief.

Four incompleteness determinations citing missing CEQA, Coastal Act, and Local Coastal Program materials. City Manager Ashley Jones: incomplete due to developer's "steadfast refusal" to submit LCP amendment materials. City Attorney Hicks: AG letter "appears to echo misrepresentations" from developer. May 19, 2026: unanimous Council denial. Simultaneously initiated North Bluff rezoning process, acknowledging some development is inevitable.

"Changing what can be built on a beautiful, fragile bluff like this one is an extreme one. This is a coastal bluff, and that means the Coastal Commission has to weigh in and the application lacked those materials."

Certified Del Mar's 6th Cycle Housing Element on May 31, 2023 — seven months after Lazier's preliminary application was filed. The belated certification is central to the Builder's Remedy eligibility dispute: Seaside Ridge argues Builder's Remedy vested at the time of filing and remains applicable; the city argues the certification ended Builder's Remedy eligibility.

Del Mar's primary obstruction mechanism: four serial "incompleteness determinations" (April 2023, June 2023, September/October 2023, December 2023) declaring the project application lacks materials for CEQA compliance, Coastal Act compliance, LCP amendment, and rezoning. This is distinct from a formal denial — an incompleteness determination prevents the application from being formally processed and forces the developer into an administrative appeal loop before courts can intervene. The AG described this approach as a potential "deliberate attempt to avoid an adjudication." The cycle has run 3.5 years without a formal up-or-down vote on the project's merits. NOTE: unlike most Builder's Remedy cases, Del Mar is a coastal city — Coastal Commission approval of any LCP amendment is a genuine additional requirement, adding a second state agency to the review chain.

Del Mar cited CEQA compliance and California Coastal Act compliance requirements as the basis for all incompleteness determinations. The city argued the developer must submit materials for a Local Coastal Program amendment before the application can be processed. The Coastal Act layer adds a genuine complication: any LCP amendment requires California Coastal Commission approval — a separate state agency operating independently from HCD and the Attorney General.

Official city project page. Contains all four incompleteness determination dates and letters, full application history, and official documents. Primary source for the chronological sequence.

Most recent coverage. Confirms May 19, 2026 unanimous denial. Contains attorney argument about automatic completeness. Confirms North Bluff rezoning initiative.

Official news flash confirming: "The City Council voted unanimously May 19 to uphold a staff recommendation to deny an incomplete entitlement application for Seaside Ridge." Confirms 259 units, 6.2 acres, one dwelling unit per acre current zoning.

Coverage of Del Mar's response to AG Bonta. Confirms one-unit-per-acre current zoning.

Best Coast News source for AG letter. Contains full Bonta "deliberate attempt to avoid adjudication" quote.

Best source for the December 2025 AG warning letter. Contains full Bonta quote, AB 712 context, Gaasterland's "beautiful fragile bluff" quote.

Covers voluntary lawsuit delay and La Cañada legal strategy.

Coverage of first lawsuit filing. Contains "Enough is enough" quote and Builder's Remedy legal theory.

Best early overview. Confirms unit breakdown: 42 low-income + 43 moderate + 174 market-rate = 259. Describes site history. Confirms 113 low-income RHNA obligation.