Important City Council Hearing Impacting Trees on Mon., October 6

The views expressed in this Alert also reflect the views of the Sandpiper Editorial Board.

This coming Monday, October 6 at 4:30 p.m, the Del Mar City Council will conduct a second public hearing on the Introduction of an ordinance to repeal and replace Del Mar’s Trees, Scenic Views, and Sunlight regulations.

There are significant NEW proposed changes in the ordinance released yesterday, following the initial public hearing on July 7. The new revisions include two that would radically alter the careful balance Del Mar has long maintained with respect to trees, views and sunlight.

These last-minute proposed changes to TSVS should be of concern to Del Mar residents:

1. Expand Sunlight Obstruction eligibility from being just the Primary Living Area to any affected areas within a residence.
2. Allow removal of protected trees within 12 feet of the primary residence and any accessory dwelling unit (ADU).

Both are very significant changes to our existing TSVS ordinance and could greatly impact the tree canopy and character of Del Mar.

Change #1 above greatly expands Sunlight Obstruction eligibility from just the Primary Living Area (PLA) to ANY affected areas within a residence. This means that an Applicant can seek relief/restoration of sunlight obstructed from reaching any room or rooms of a residence instead of just the Primary Living Area. Essentially, all trees within a 360-degree radius of every residence in Del Mar are at risk if they are shading any room in any residence.

Prior to this new, aggressive proposed change in the ordinance, sunlight was protected in the primary living area (consistent with view protection) and to existing Solar Energy Systems (by the state Solar Shade Control Act). This proposed, aggressive change creates an imbalance, by prioritizing sunlight protection over both trees and scenic views (inconsistent with the City Council-approved guiding principles) and would likely ignite new neighbor disputes and burden staff workload. Moreover, it greatly threatens our Community Plan (Chapter 23.50, Trees).

Change #2 above would allow residents to site an ADU next to a Torrey Pines tree and then remove it.

Please weigh in on this important matter by reviewing the proposed ordinance changes and sharing your feedback with our City Council by speaking at the City Council meeting on Monday, Oct 6, or by submitting a red dot no later than noon on Monday.

See proposed ordinance changes in the Council Packet (click on “Item 8” in the Table of Contents to jump to the TSVS materials): https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_10062025-3751