Del Mars motion to dismiss Seaside Ridge petition argues court does not have jurisdiction
3 minute readPublished: Monday, June 2, 2025 at 2:13 pm
Del Mar Fights Seaside Ridge Project in Court, Citing Lack of Jurisdiction
The City of Del Mar is attempting to block a court petition that could pave the way for the 259-unit Seaside Ridge project, a proposed development on the north bluff. In a recent motion to dismiss, the city argues that the San Diego County Superior Court lacks jurisdiction to hear the case. A hearing on the city's motion is scheduled for June 13th, with a hearing on property owner Carol Lazier's petition slated for August 1st, pending the outcome.
Lazier submitted a preliminary development application in October 2022, before Del Mar had a state-certified housing element, a crucial document outlining the city's plan for affordable housing. The city's Planning Department rejected the application as incomplete on four separate occasions over a year and a half.
Lazier's February 2024 court petition argues that Seaside Ridge should be allowed to proceed "by-right" under California's "Builder's Remedy." This state law allows developers to bypass local zoning regulations when applying in a city without a certified housing element.
Del Mar counters that Lazier's application was incomplete because it lacked necessary documents to initiate an amendment to the city's Local Coastal Program, which governs development in the coastal zone. The city's motion also claims Lazier failed to exhaust administrative remedies by not appealing the Planning Department's decisions to the City Council before seeking court intervention.
Lazier's team points to a similar case in La Cañada Flintridge, where a court ruled in favor of a developer using the Builder's Remedy. Seaside Ridge spokesperson Darren Pudgil stated that Del Mar needs to recognize the law is not on their side.
BNN's Perspective: This case highlights the ongoing tension between state housing mandates and local control. While the Builder's Remedy aims to address the housing crisis, it can lead to legal battles and challenges for cities struggling to meet state requirements. A balanced approach is needed, one that encourages housing development while respecting local planning processes and environmental concerns.
Keywords: Del Mar, Seaside Ridge, housing project, Builder's Remedy, court petition, San Diego County Superior Court, Carol Lazier, housing element, affordable housing, Local Coastal Program, zoning, development, legal battle, jurisdiction, incomplete application, administrative remedies, La Cañada Flintridge, Darren Pudgil, housing crisis, California.