A proposed 259-unit apartment development on a vacant 6.9-acre bluff site at 929 Border Avenue on the northern edge of Del Mar, overlooking the Pacific Ocean north of Dog Beach. Landowner and applicant: Carol Lazier, a San Diego philanthropist. Project representative: Darren Pudgil. The project includes 71 studios, 131 one-bedroom, 38 two-bedroom, and 19 three-bedroom units. Of 259 total units, 85 are deed-restricted affordable: 42 for households earning 30–50% AMI (in Del Mar, serving workers earning ~$30,000–$50,000 per year in a city where the median income exceeds $150,000), and 43 moderate-income units. The 42 low-income units would satisfy 37% of Del Mar's entire state-mandated low-income housing obligation. A preliminary application was filed October 4, 2022 under SB 330 and Builder's Remedy, based on Del Mar lacking an HCD-certified Housing Element — a status not resolved until May 31, 2023. Del Mar's planning department issued four "incompleteness determinations" (April 2023, June 2023, September/October 2023, December 2023), each citing missing materials related to CEQA, the Coastal Act, LCP amendment, and rezoning. The developer filed suit in February 2024; in June 2025 San Diego Superior Court Judge Wendy Behan granted the city's motion to dismiss, finding the petition premature because the developer had not exhausted administrative remedies. The developer appealed to the City Council in July 2025; in September 2025 the Council unanimously declined a de novo hearing. The developer refiled suit in San Diego County Superior Court in late October 2025. On Dec. 5, 2025, California Attorney General Rob Bonta's office issued a formal warning letter stating Del Mar's conduct "could be seen as a deliberate attempt to avoid an adjudication." Del Mar's City Council voted unanimously on May 19, 2026 to deny the application as incomplete — even as the developer's attorney argued it had been automatically deemed complete when the city missed its 60-day post-appeal deadline. The developer says the city faces $2.6M+ in fines and has pledged to continue litigation. At the same May 19 meeting the council started a rezoning of the North Bluff to a new RM-North zone with a base density of 20 units per acre, which the city presented as a backup for its next housing element. HCD had written to the city on Jan. 15, 2026 that the housing element's program to rezone the North Bluff and/or South Stratford properties is required if the city's agreement with the Del Mar Fairgrounds for affordable housing is suspended or terminated, and it set November 2026 as the milestone for a ground lease there. On Aug. 3, 2026 the council voted 3-0 to ask the San Diego County District Attorney and the U.S. Attorney to look into ties among a broker who advises Seaside Ridge, Fairgrounds board member Mark Arabo and Attorney General Rob Bonta; Arabo said he has no interest in the project, Seaside Ridge's attorney called the referral "outrageous," and on Oct. 1 the District Attorney's office declined the request. On Aug. 18, 2026 the 22nd District Agricultural Association board voted 5-3 to end its negotiating agreement with Del Mar for 61 affordable units at the Fairgrounds. On Aug. 24 Lazier asked the council to rezone 929 Border Avenue under the housing element's backup program, and her attorneys asked it to pause the RM-North effort. The refiled suit is pending.
Court · City Council
| Date | Event | What the record shows |
|---|---|---|
| November 3, 2020 | Luxury Hotel Defeated by Voters on Same Site | 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. Patch San Diego: https://new-origin.patch.com/california/san-diego/del-mar-housing-project-offers-key-test-untested-state-housing-law |
| October 4, 2022 | Preliminary Application Filed Under SB 330 / Builder's Remedy | 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. City of Del Mar official project page: https://www.delmar.ca.us/861/Seaside-Ridge-Development-Applications |
| March 30, 2023 | Full Project Application Filed | Within the required 180-day period, Lazier submits a full Coastal Development Permit application (CDP23-008) and associated materials for the 259-unit development. City of Del Mar official project page: https://www.delmar.ca.us/861/Seaside-Ridge-Development-Applications |
| April 27, 2023 | First Incompleteness Determination | 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. Patch San Diego: https://new-origin.patch.com/california/san-diego/del-mar-housing-project-offers-key-test-untested-state-housing-law |
| May 31, 2023 | HCD Certifies Del Mar's Housing Element — Seven Months Late | 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. City of Del Mar official project page: https://www.delmar.ca.us/861/Seaside-Ridge-Development-Applications |
| June 30, 2023 | Second Incompleteness Determination | After the developer resubmits on June 1, 2023, Del Mar issues its second incompleteness determination. City of Del Mar official project page: https://www.delmar.ca.us/861/Seaside-Ridge-Development-Applications |
| December 20, 2023 | Fourth 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. City of Del Mar official project page: https://www.delmar.ca.us/861/Seaside-Ridge-Development-Applications |
| February 29, 2024 | Developer Files Lawsuit — "Enough Is Enough" | 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." Coast News: https://thecoastnews.com/seaside-ridge-developer-sues-del-mar-for-denying-application/ |
| August 26, 2024 | Lawsuit Delayed Pending La Cañada Flintridge Decision | 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." Coast News: https://thecoastnews.com/seaside-ridge-delays-del-mar-lawsuit-pending-la-case-ruling/ |
| June 12, 2025 | Judge Dismisses Lawsuit as Premature | San Diego Superior Court Judge Wendy Behan grants Del Mar's motion to dismiss. Her June 12, 2025 tentative ruling says "the writ is premature based on Plaintiff's failure to exhaust administrative remedies," because the developer had not first appealed to the City Council. KPBS: https://www.kpbs.org/news/politics/2025/12/08/ag-bonta-warns-del-mar-could-face-penalties-over-stalled-affordable-housing-proposal |
| July 18, 2025 | Developer Demands City Act on Application | 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) North County Pipeline: https://ncpipeline.substack.com/p/seaside-ridge-del-mar |
| September 22, 2025 | City Council Unanimously Declines De Novo Hearing | The Del Mar City Council unanimously declines to order a de novo hearing on the developer's appeal, sending the developer back to court. Coast News: https://thecoastnews.com/state-ag-issues-warning-letter-to-del-mar-regarding-seaside-ridge/ |
| October 16, 2025 | Developer Refiles Lawsuit | Following the City Council's September refusal, Seaside Ridge says it will refile, and in late October Lazier files a new 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. KPBS: https://www.kpbs.org/news/politics/2025/10/16/developer-plans-to-sue-del-mar-again-over-seaside-ridge-housing-project |
| December 5, 2025 | AG Bonta Issues Formal Warning Letter | 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. Coast News: https://thecoastnews.com/state-ag-issues-warning-letter-to-del-mar-regarding-seaside-ridge/ |
| December 19, 2025 | Del Mar Responds to AG — Denies Bad Faith | 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. Coast News: https://thecoastnews.com/del-mar-requests-meeting-with-state-ag-after-seaside-ridge-letter/ |
| January 15, 2026 | HCD Asks Del Mar About Housing Element Programs | A letter of inquiry from HCD's Housing Accountability Unit says the program to rezone the North Bluff and/or South Stratford properties "is required should" the Fairgrounds agreement be suspended or terminated, and lists November 2026 for a ground lease with the Fairgrounds. HCD: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/del-mar-hei-loi-011526.pdf |
| May 19, 2026 | City Council Unanimously Denies Application — Concedes North Bluff Development Inevitable | 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. Coast News: https://thecoastnews.com/del-mar-rejects-seaside-ridge-concedes-north-bluff-housing-likely/ |
| August 3, 2026 | Council Seeks Investigation of Officials' Ties to Project | At a special meeting the council votes 3-0 to ask the District Attorney and the U.S. Attorney to review ties among a Seaside Ridge broker, Fairgrounds board member Mark Arabo and Attorney General Rob Bonta. Arabo says he has no interest in the project; Seaside Ridge's attorney calls the referral "outrageous." The Coast News: https://thecoastnews.com/del-mar-requests-investigation-into-officials-seaside-ridge-connections/ |
| August 18, 2026 | Fairgrounds Board Ends Housing Talks With Del Mar | The 22nd District Agricultural Association board votes 5-3 to end its exclusive negotiating agreement with the city for 61 affordable units at the Fairgrounds, the alternative to rezoning the North Bluff. KPBS: https://www.kpbs.org/news/politics/2026/09/02/fairgrounds-ends-affordable-housing-negotiations-with-city-of-del-mar |
| August 24, 2026 | Owner Demands North Bluff Rezoning | Carol Lazier asks the council to "take immediate steps to implement Program 1E and rezone 929 Border Avenue." Her attorneys at Sheppard Mullin ask the city to pause its RM-North zoning effort. Letter to the City Council: https://voiceofsandiego.org/wp-content/uploads/2026/08/Seaside-Ridge-Attorney-to-DM.pdf |
| October 1, 2026 | District Attorney Declines Del Mar's Request | The San Diego County District Attorney's office rejects the city's referral, saying it could not confirm the complaining party's identity and calling the way the complaint was referred "very irregular." The Coast News: https://thecoastnews.com/das-office-rejects-del-mar-investigation-request/ |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| June 12, 2025 | Court | ruling issued | — | Unknown | The Coast News: https://thecoastnews.com/judge-grants-del-mars-motion-to-dismiss-seaside-ridge-petition/ |
| May 19, 2026 | City Council | denied | — | Deny | The Coast News: https://thecoastnews.com/del-mar-rejects-seaside-ridge-concedes-north-bluff-housing-likely/ |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.