New parking program regs aren’t legal
I’m not sure all of the zoning regulations passed by the city of Del Mar are legal, or comply with the requirements set out by the controlling California Government Code.
Why? Because, in challenging the adoption of the new city “Pilot Parking Program,” I’ve found at least five parts of the program administration that do not comply with the Government Code, and are therefore illegal.
How could that be? I would have thought our City Council would only adopt regulations for us to follow that have been determined to be in compliance with state law. But, when asked about the city attorney’s opinion, past Planning Director Brian Mooney and present Director Kathleen Garcia both have told me that it cost additional money to get a legal opinion on proposed regulations from the city attorney, and they didn’t want to spend the money on that!
And, yesterday, when it was pointed out to Principal Planner Adam Birnbaum how one section of our Municipal Code differed from that of the cities of Coronado, Encinitas and Solana Beach, and the state law, he merely stated that we have to go by what our code says, legal or not!
While the three carry-over council members have adopted regulations without assurance from the Planning Department that they are legal and comply with state law, just doing whatever they want to do, I hope our two new council members will make sure everything they approve complies with the law.
After all, Del Mar should also be a government of laws, not a government of men!
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