16. Recreation
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
16. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
DISCUSSION OF IMPACTS
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact.
Refer to Response 15d), above. The project would not affect any property currently zoned for recreational or open space use. The project proposes development of an eight-unit residential apartment community with on-site recreational amenities for residents to use; refer to Figure 3, Site Plan. At full buildout, the project would only generate an estimated 19 new residents, using the current SANDAG population rate of 2.33 persons per household for the City (SANDAG 2021).
Due to the limited size, location, and nature of the proposed project, negligible demand on existing recreational resources would occur. The project applicant would be required to pay associated development impact fees, in compliance with Section 17.72.020 of the City’s Municipal Code, which would be used toward the ongoing provision and maintenance of the City’s parks and recreational facilities. Compliance with Section 17.72.020 of the Municipal Code would ensure that the project does not result in adverse effects on the City’s existing parks or other recreational facilities such that substantial physical deterioration would occur or be accelerated.
As a result, impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact.
Refer to Response 15d) and Response 16a), above. The project design includes a common open space area and playground for use by residents of the apartment community. The proposed recreation/open space area is located at the northern end of the project site and is shown in Figure 3, Site Plan, and Figure 5, Conceptual Landscape Plan. Additionally, the units would offer backyards, decks, and patios for resident use. Potential environmental effects resulting from □ □ ~ □
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construction or operation of these recreational features have been evaluated in this Initial Study as part of the proposed development and mitigation measures have been identified as appropriate to reduce any resulting impacts. It is not anticipated that, due to the limited number of new residents generated, new or expanded off-site recreational facilities would be required to adequately serve the project.
Therefore, the project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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17. Transportation
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
17. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, Subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Where relevant, the following evaluation is based upon the Trip Generation Assessment prepared for the project by Linscott, Law, & Greenspan (LL&G) in 2021; see Appendix F.
DISCUSSION OF IMPACTS
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less than Significant Impact.
In the summer of 2015, the City of Solana Beach completed its Comprehensive Active Transportation Strategy (CATS) (City of Solana Beach 2015). The report, funded by a SANDAG grant, identifies the current state of active transportation facilities in Solana Beach and provides guidelines for future improvements consistent with the City’s General Plan Circulation Element.
The plan provides a list of areas within the City to be addressed for future improvement.
Currently, there are no existing bicycle facilities (e.g., bike lanes or bicycle parking) along the project frontage on Ida Avenue. The CATS report identifies future construction of a residential bike boulevard along Ida Avenue from Genevieve Street to Academy Drive. Additionally, the CATS identifies the same segment of Ida Avenue for unspecified traffic-calming improvements to aid pedestrian movement (City of Solana Beach 2015). These improvements are identified for nearterm implementation, or generally 1-10 years following adoption of the CATS. No long-term improvements for Ida Avenue are identified in the plan. The project does not propose installation of a bike lane as part of the intended improvements.
An existing sidewalk is present to the south of the site, along the eastern side of Ida Avenue. The project proposes construction of a new 4-foot-wide sidewalk along the project frontage to connect with the existing sidewalk to the south, which would enhance pedestrian opportunities in the project vicinity. It is not anticipated that the proposed development would conflict or interfere with such existing facilities.
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Several existing bus routes operated by the North County Transit District (NCTD) serve the City of Solana Beach. Route 308 (which runs to the north/west along Lomas Santa Fe Drive, San Rodolfo Drive, Stevens Avenue, Valley Avenue, and then east along Via de la Valle) is located approximately 0.23 miles west of the project site at its closest point. Route 101 (which traverses the City from its southern boundary to its northern boundary along N. Coast Highway 101) is located approximately 0.85 miles west of the site. No changes to area bus stops or operations would occur with project implementation.
The nearest transit station is at 105 N. Cedros Avenue in Solana Beach, approximately 1 mile northwest of the project site. The NCTD operates the Coaster commuter rail service in the northern and central coastal regions of San Diego County, from the City of Oceanside to downtown San Diego. The service operates primarily during weekday peak periods with limited midday, weekend, and holiday service. Additionally, the Pacific Surfliner, operated by Amtrak, is accessible from the Solana Beach train station.
As shown in Figure 3, Site Plan, no off-site roadway improvements (e.g., widening) are proposed.
Minor resurfacing of Ida Avenue along the project frontage would be required once project improvements (e.g., access drives, utilities) are in place. As such, the project would not adversely impact existing or proposed transportation facilities (sidewalks, bicycle lanes, or public transportation stops). The project does not propose any features that would be inconsistent with applicable policies of the City’s General Plan, CATS, or other relevant plans addressing the circulation system. Additionally, the project would not interfere with access to any existing or future rail service within the City of Solana Beach.
Therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b)? Less than Significant Impact.
In December 2018, new guidelines were approved that shift traffic analysis from delay and operations to vehicle miles traveled (VMT) when evaluating transportation impacts under CEQA.
This change in methodology is a result of SB 743, which was signed into law in September 2013.
The Governor’s Office of Planning and Research released a Technical Advisory (December 2018) that contains recommendations regarding assessment of VMT, thresholds of significance, and mitigation measures. Statewide implementation occurred on July 1, 2020.
A qualitative Vehicle Miles Traveled Assessment was prepared for the project (LL&G 2021). The City of Solana Beach has not yet adopted screening thresholds per SB 743 standards. Therefore, the Technical Advisory’s Screening Thresholds for Small Projects were reviewed for the proposed project. Such thresholds indicated that projects generating fewer than 110 vehicle trips per day are not considered to result in a significant VMT transportation impact.
The eight-unit multifamily residential project would generate an estimated 48 daily vehicle trips (6 per unit), or fewer than half of the screening threshold of 110 daily vehicle trips (LL&G 2021).
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Therefore the project is not anticipated to result in an impact relative to VMT. No further analysis relative to VMT is required.
The project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b). Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact.
The project does not propose any features that would construct or modify local roadways that would potentially increase hazards. No new roadway designs or features (i.e., sharp curves, dangerous intersections, or other hazardous elements) would be required that could result in transportation-related hazards or safety concerns. As shown in Figure 3, Site Plan, no off-site road improvements are proposed; minor resurfacing of Ida Avenue along the project frontage would occur after improvements for driveway access and utilities are completed.
The project would be served by five proposed driveways along Ida Avenue. All driveways would be designed to City engineering standards to ensure that adequate sight distance is provided.
Additionally, on-site structures would be set back from the roadway to ensure that views at the proposed driveways are uninhibited.
The project would result in development of the subject site with multifamily residential development. No land uses that would involve farm equipment or heavy machinery are proposed.
For the reasons above, the project would not substantially increase hazards due to a geometric design feature or incompatible uses. Impacts related to project design features would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
d) Result in inadequate emergency access? Less than Significant Impact.
Project construction activities would not result in inadequate emergency access. It is anticipated that project construction activities would be staged on-site and would not interfere with emergency access to the site. The project site and vicinity are accessible via a number of existing roads, with alternative roads allowing access in the event of an emergency. Emergency vehicle access would be maintained throughout project construction in accordance with standard construction specifications. Further, construction activities would not be permitted to impede emergency access to any local roadways or surrounding properties. As appropriate, a traffic control plan would be prepared and implemented to ensure that adequate access and circulation is maintained on all surrounding streets during the project construction phase. As a result, potential impacts related to project construction activities are considered less than significant.
The project would be designed to meet City and SBFD standards for emergency access and circulation and would not alter any established emergency vehicle routes or otherwise interfere with emergency access. As mentioned previously, the project proposes multiple ingress/egress points along Ida Avenue. All access drives would be designed in accordance with City engineering Michael Baker
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design standards to ensure safe ingress/egress to/from the site and adequate vehicular circulation. The site is not proposed to be gated, and therefore no access systems (i.e., Knox box) to allow for emergency access are proposed or required. Operational impacts are therefore considered to be less than significant.
Therefore, the project would not result in inadequate emergency access. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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18. Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
18. TRIBAL CULTURAL RESOURCES. Would the project cause substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, that is:
a) Listed or eligible for listing in the California Register if Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k)?; or,
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
3024.1. In applying the criteria set for in subdivision (c) of Public Resources Code Section 5024.1, the
lead agency shall consider the significance of the
resources to a California Native American tribe?
The following analysis considers the findings of consultation efforts between the City of Solana Beach (lead agency) and relevant Native American tribes, pursuant to the requirements of California AB 52 (Chapter 532, Statutes of 2014), which establishes a formal consultation process for California Native American tribes as part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts (California Public Resources Code Section 21084.2). Refer also to Appendix G which includes relevant correspondence. Additionally, relevant information from the Cultural Resources Inventory Report prepared for the project by Dudek (2021c; see Appendix C) has been incorporated in the discussion below, relative to Native American cultural resources.
California Public Resources Code Section 21074 defines tribal cultural resources as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
o Included or determined to be eligible for inclusion in the California Register of Historical Resources; or,
o Included in a local register of historical resources. • A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of California Public Resources Code Section 5024.1.
Sacred places can include Native American sanctified cemeteries, places of worship, religious or ceremonial sites, and sacred shrines. In addition, both unique and non-unique archaeological resources, as defined in California Public Resources Code Section 21083.2, can be tribal cultural resources if they meet the criteria detailed above. The lead agency relies upon substantial evidence to make the determination that a resource qualifies as a tribal cultural resource when it is not already listed in the California Register of Historical Resources or a local register. □ ~ □ □
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AB 52 defines a “California Native American Tribe” as a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission (California Public Resources Code Section 21073). Under AB 52, formal consultation with tribes is required if a tribe has requested to be informed by the lead agency of proposed projects and if the tribe, upon receiving notice of a project, accepts the opportunity to consult within 30 days of receipt of the notice. AB 52 also requires that consultation, if initiated, address project alternatives and mitigation measures for significant effects if specifically requested by the tribe.
AB 52 states that consultation is considered concluded when the parties either agree to measures to mitigate or avoid a significant effect on tribal cultural resources, or when either the tribe or the agency concludes that mutual agreement cannot be reached after making a reasonable, good-faith effort. Under AB 52, any mitigation measures recommended by the agency or agreed upon with the tribe may be included in the final environmental document and in the adopted mitigation monitoring program if they were determined to avoid or lessen a significant impact on a tribal cultural resource. If the recommended measures are not included in the final environmental document, then the lead agency must consider the four mitigation methods described in California Public Resources Code Section 21084.3. Any information submitted by a tribe during the consultation process is considered confidential and is not subject to public review or disclosure. Such information would be published in a confidential appendix to the environmental document unless the tribe consents to disclosure of all or some of the information to the public.
DISCUSSION OF IMPACTS
a) Cause substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, that is listed or eligible for listing in the California Register if Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Less than Significant with Mitigation Incorporated.
The project site is currently undeveloped. As discussed in Section 5, Cultural Resources, the site does not support any listed or eligible historical or cultural resources, as defined by Public Resources Code Section 5020.1(k). A cultural resources inventory was conducted for the project by Dudek (2021c; Appendix C). On January 20, 2020, Dudek conducted a records search for the property at the South Coastal Information Center of the California Historical Resources Information System at San Diego State University. The search indicated that no previously recorded resources have been identified within the project area. In addition, Dudek contacted the California Native American Heritage Commission to request a search of the Sacred Lands File for the APE. The search was negative and no Native American cultural resources were identified within the project area. Additionally, the entire project area was field surveyed by Dudek and a Red Tail Native America monitor on January 28, 2020. No cultural or tribal cultural resources were identified as a result of the field survey (Dudek 2021c).
Pursuant to AB 52, the City initiated consultation by sending an initial notification letter to the Mesa Grande Band of Mission Indians on June 23, 2021; the Mesa Grande Band is the only tribe to date that has requested to be notified by the City relative to AB 52 requirements. The City did not receive a subsequent response from the tribe indicating awareness of or potential for significant tribal cultural resources to occur on-site or in the surrounding area, nor request for further consultation with the City. As such, the City considers tribal consultation requirements per Michael Baker
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AB 52 to be concluded. Additional opportunity for area tribes to provide comment will also be afforded during the 30-day public review period for the IS/MND, pursuant to California Public Resources Code Section 21091(b).
While no specific tribal cultural resources that could be impacted by the project have been identified, mitigation measures CUL-1 to CUL-3 would be implemented to reduce potential impacts to unknown cultural resources, including any human remains; refer to Section 5, Cultural Resources. Such mitigation would also serve to protect any tribal cultural resources in the event of discovery during project-related ground disturbance activities. Therefore, with implementation of mitigation measures CUL-1 to CUL-3, potential impacts on any unknown tribal cultural resources would be reduced to less than significant.
The project would not cause a substantial adverse change in the significance of a tribal cultural resource listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). Impacts would be less than significant with mitigation incorporated.
Mitigation Measures: Implement mitigation measures CUL-1 to CUL-3.
Level of Significance: Less than significant with mitigation incorporated. b) Cause substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set for in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resources to a California Native American tribe? Less than Significant with Mitigation Incorporated.
As noted above, no specific tribal cultural resources that could be impacted by the project have been identified. However, mitigation measures CUL-1 to CUL-3 would be implemented to reduce potential impacts to unknown tribal cultural resources, including human remains, to less than significant.
Therefore, the project would not cause substantial adverse change in the significance of a tribal cultural resource determined to be significant pursuant to criteria set forth in Public Resources Code Section 5024.1(c). Impacts would be less than significant with mitigation incorporated.
Mitigation Measures: Implement mitigation measures CUL-1 to CUL-3.
Level of Significance: Less than significant with mitigation incorporated.
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19. Utilities and Service Systems
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
19. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or reconstruction of new or expanded water, wastewater treatment, or
storm water drainage, electric power, natural gas, or
telecommunication facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
c) Result in determination by the wastewater treatment
provider which serves or may serve the project that
it has adequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
DISCUSSION OF IMPACTS
a) Require or result in the relocation or reconstruction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact.
Water
The Santa Fe Irrigation District (SFID) and the Olivenhain Water District (OWD) provide water service to the City of Solana Beach. Local surface water is also provided from Lake Hodges, The SFID and OWD obtain most of their water supplies from the San Diego County Water Authority (SDCWA) - Metropolitan Water District system. The SDCWA imports water and sells it to member agencies. More than 90 percent of the SDCWA water supply consists of water imported from the Colorado River and northern California sources. Untreated water purchased by the SFID is treated at the R.E. Badger Filtration Plant, which is capable of treating up to 40 million gallons of water per day (mgd) and typically treats up to 7 billion gallons of potable water annually (SFID n.d.). SFID also purchases recycled water from the San Elijo Joint Powers Authority (SEJPA). The SFID currently provides approximately 500 acre feet (163 million gallons) of recycled water, or □ □ ~ □
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approximately 4% of total water consumption, and plans to expand service to its customers (SFID n.d.).
The General Plan Conservation and Open Space Element estimates that future water consumption for the City of Solana Beach will occur at a rate of approximately 0.22 acre-feet per capita per year. The City’s population is expected to reach an estimated 18,317 persons at General Plan buildout; therefore, annual water demand at buildout would be approximately 4,030 acre-feet (City of Solana Beach 2014). As this is less than the ultimate annual water demand of 6,116 acrefeet as projected for the City in the SFID master plan, it is anticipated that the City’s future water demands would be met by the SFID (City of Solana Beach 2014).
Additionally, the SFID Urban Water Management Plan (UWMP) evaluates SFID’s water reliability for the years 2025 through 2045. The plan states that the SDCWA’s 2020 UWMP reports that it anticipates imported and stored water would be sufficient to meet future demands of its member agencies under the single dry year and multiple dry year scenarios when accounting for changes in local supply availability and regional demands. During drought periods, it is anticipated that SFID could purchase additional supplies from the SDCWA to supplement any reduction in local surface water supply. The SEJPA also has the capacity to increase recycled water deliveries to the SFID in the event that recycled water demands increase during drought periods. It is therefore projected that available supplies would adequately meet anticipated future demands, indicating that the SFID’s water supply mix is reliable and resistant in the occurrence of drought (SFID 2021).
The project proposes construction of 8 multi-family residential units, estimated to generate 19 new residents within the Solana Beach community. The project would be served by the City’s public water system via connection to an existing 8-inch water line located in Ida Avenue; refer to Figure 3, Site Plan. Due to the limited scale of the project, it is not anticipated that development as proposed would substantially increase demand on the City’s existing water service facilities or generate the need for new or expanded facilities to serve the site; existing facilities would be adequate to accommodate new water demands generated by the project. Therefore, the project would not result in the relocation or reconstruction of new or expanded water-related facilities, the construction or relocation of which could cause significant environmental effects. Impacts would be less than significant in this regard.
Wastewater Treatment
The City of Solana Beach maintains the sanitary sewer system. Wastewater generated within the City is pumped to the San Elijo Water Reclamation Facility located in Cardiff for treatment and disposal. The facility currently serves that cities of Encinitas, Solana Beach, Del Mar and portions of Rancho Santa Fe and is capable of treating more than 5 million gallons per day of wastewater and stormwater. The treatment facility also supplies reclaimed water for landscape irrigation and industrial applications (City of Solana Beach n.d.). Completion of a $47 million capital improvement program that includes upgraded treatment systems is currently underway at the reclamation facility, thereby allowing it to provide enhanced wastewater treatment services (Coast News 2021).
As stated above, the project would result in the construction of 8 multi-family residential units, estimated to generate 19 new residents within the City. Minor improvements are proposed to provide connection to the City’s existing public sewer system for wastewater service. Due to the limited scale of the project, it is not anticipated that the development as proposed would substantially increase demand on the City’s existing wastewater treatment facilities. Existing Michael Baker
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facilities would be adequate to accommodate new wastewater flows generated by the project.
Therefore, the project would not result in the relocation or reconstruction of new or expanded wastewater treatment facilities, the construction or relocation of which could cause significant environmental effects. Impacts would be less than significant in this regard.
Storm Water
The City of Solana Beach implements a comprehensive storm water pollution prevention program. As mandated by the NPDES Permit Order No. R9-2013-0001 issued by the RWQCB, the City is required to prevent and eliminate non-storm water discharges into the City's storm drain system.
There are no existing storm drain improvements or discharge locations on-site. Proposed stormwater improvements include installation of sump pumps, drop inlet catch basins, and/or HDPE pipe that would convey flows towards Ida Avenue. Filterra catch basins would be constructed on Ida Avenue to treat stormwater generated on-site. The on-site flows would then be conveyed to perforated underground storage chambers to detain the post-development 10- year volumes. These flows would be detained and infiltrated into the ground. Two under sidewalk discharge locations located on Ida Avenue adjacent to the project’s northwesterly and southwesterly boundary are also proposed.
Best management practices (BMPs) would be implemented during construction consistent with the requirements of the NPDES Permit and the City’s BMP Design Manual to control storm water quality and the potential for erosion. The project has been designed in accordance with local and state regulations pertaining to the management of runoff (e.g., no increase in rate or volume for undeveloped versus developed condition) and for the treatment of stormwater on-site. Refer also to Section 10, Hydrology and Water Quality, and Appendices D-1 and D-2. Project improvements related to storm water are not anticipated to result in a significant environmental effect.
Cable/Electricity/Gas/Internet
City of Solana Beach residents receive cable and internet service from either Cox Communication or Time Warner Cable (City of Solana Beach n.d.) and natural gas and electricity service from SDG&E) (City of Solana Beach n.d.). Such services are currently available within the surrounding neighborhood and would be extended to the subject property to serve future residents. Provision of such services to the subject site would not result in a significant environmental effect.
The project would therefore not require or result in the relocation or reconstruction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? Less than Significant Impact.
Refer to Response 19a), above. As stated above, the SFID’s water supply portfolio includes water purchased from the SDCWA, local surface water from Lake Hodges, and recycled water purchased from the SEJPA. The SFID’s 2021 UWMP presents an assessment of water reliability for future years 2025 through 2045. Consistent with the UWMP Act requirements, a comparison of total Michael Baker
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projected water supply to total projected water demands in five-year increments over the next 20 years is provided for the normal water year, single dry year, and multiple dry year scenarios.
As indicated above, through continued use of existing supplies and opportunities to supplement water supplies during periods of drought (e.g., through purchase from SDCWA or through increased purchase of recycled water from SEJPA), it was concluded that projected available supplies would meet anticipated demands, demonstrating that the SFID’s water supply mix is “reliable and drought resilient” (SFID 2021).
In conformance with current requirements, the SFID also prepared a drought risk assessment (DRA) to compare supplies and demands over a five-year consecutive dry period, or extended drought. The SFID’s DRA, evaluated for the years 2021 to 2025, assumed that the SFID could purchase additional supplies from the SDCWA to supplement reductions. The DRA concluded that projected available water supplies would meet anticipated demands, thereby further demonstrating a reliable water supply under such conditions (SFID 2021).
Therefore, the existing and future water supply is considered adequate to accommodate the increased population and associated water demand anticipated with the proposed project.
Development of new 8 multi-family units would not substantially affect the SFID’s ability to meet anticipated future water demands, or to supply water to the agencies it serves, during both normal and drought conditions.
The project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
c) Result in determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than Significant Impact.
Refer to Response 19a), above, for additional discussion. The project would result in development of 8 multi-family units. Due to the limited scale of the project, the resulting residential uses would not substantially increase demand on existing wastewater treatment facilities serving the City.
Therefore, the project would not result in determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact.
Assembly Bill (AB) 939 established the California Integrated Waste Management Act of 1989 (PRC Sections 42900–42927) which required all California cities and counties to reduce the volume of solid waste deposited in landfills by 50 percent by the year 2000. It also requires that cities and Michael Baker
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counties continue to remain at 50 percent or higher for each subsequent year. The act is intended to reduce, recycle, and reuse solid waste generated to the maximum extent feasible.
The act requires each California city and county to prepare, adopt, and submit to the California Department of Resources Recycling and Recovery (CalRecycle) a source reduction and recycling element that demonstrates how the jurisdiction will meet the act’s mandated diversion goals.
Each jurisdiction’s SRRE must include specific components as defined in PRC Sections 41003 and 41303. In addition, the SRRE must include a program for management of solid waste generated in the jurisdiction consistent with the following hierarchy: (1) source reduction; (2) recycling and composting; and (3) environmentally safe transformation and land disposal. The SRRE is required to emphasize and maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste to be disposed of by transformation and land disposal (PRC Sections 40051, 41002, and 41302).
The City of Solana Beach has exclusive franchise agreements with EDCO Waste and Recycling Services for all solid waste collection and recycling services (City of Solana Beach n.d.-b). The City also implements a recycling program at its Public Works Yard where asphalt, concrete, steel, metal, plastic, glass, aluminum, and green waste generated at City facilities and public construction and maintenance projects is accepted. Through such programs, the overall diversion rate for the City, including residential, commercial, industrial, and municipal uses, has increased over the past decade in conformance with the requirements of AB 939 and other similar regulations (City of Solana Beach n.d.-b).
The City implements its Construction and Demolition Debris Recycling Ordinance (Chapter 6.36 of the City Municipal Code) which requires all demolition permits and construction projects with a minimum $100,000 valuation to recycle at least 50% of debris generated by the project. The project applicant is responsible for submitting a waste management plan prior to receiving a demolition or building permit. The waste management plan would be required to identify the amount of waste generated during construction and methods by which it would be disposed of and/or recycled. Final project approval is not granted until the applicant provides evidence that a minimum of 50% (with a goal of 65%) of the construction debris generated was recycled.
It is anticipated that construction debris would be disposed of at EDCO’s Construction, Demolition, and Inert Recycle Facility located at 224 South Las Posas Road in the City of San Marcos. Solid waste generated during project operations would be limited due to the number of units proposed. The project would enable the collection and sorting of solid waste materials for diversion in order to ensure compliance with statewide mandates and reduce waste delivered to area landfill(s).
Additionally, in October of 2014, California adopted Assembly Bill 1826, requiring all businesses to recycle their organic waste materials on and after April 1, 2016. Apartment and condominium complexes of 5 units or more are also required to recycle organic waste which includes green waste/landscape materials and non-hazardous wood waste. Multi-family complexes are not required to have a food waste diversion program; however, those with 5 or more units generating enough landscape related organics are required to recycle those organics (City of Solana Beach n.d.). As appropriate, the project would comply with such regulations to ensure proper recycling of organic wastes generated on-site from ongoing landscape planting and maintenance activities, The City also supports an e-waste program for recycling of electronics (i.e., televisions, computers, etc.). Residents can dispose of their e-waste through the same program as common household Michael Baker
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waste products (with payment of an established fee), with the same parameters applying to both programs (City of Solana Beach n.d.-b).
With conformance to such regulations and measures, and with consideration for the limited number of residential units proposed, the project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less than Significant Impact.
Refer to Response 19d), above, for additional discussion. The project would be served by an existing waste hauler (EDCO) which operates consistent with federal, state, and local statutes and regulations for solid waste management and recycling. Measures would be implemented during project construction and operation to ensure compliance with applicable regulations pertaining to management and reduction of construction debris, as well as solid and organic waste over the long term.
The project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Impacts would be less than significant in this regard.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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20. Wildfire
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
20. WILDFIRE. If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other
utilities) that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
DISCUSSION OF IMPACTS
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact.
Refer to Response 9(f), under Hazards and Hazardous Materials, above, for a detailed discussion of emergency response and evacuation operations implemented within the City of Solana Beach.
The project does not propose any improvements that are anticipated to obstruct or conflict with emergency response or evacuation during project construction or operations. Additionally, the project would be subject to site plan review by City emergency services personnel (e.g., fire department) to ensure that it would not interfere with emergency response or evacuation procedures. No revisions to emergency response operations or evacuation plans would be required as a result of the project. Additionally, the provision of emergency services to the site and surrounding properties would not be impacted as primary access to all major roads would be maintained with project implementation.
The project would not substantially impair an adopted emergency response plan or emergency evacuation plan. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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□ □ □ [8]
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b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less than Significant Impact.
The area where development is proposed on-site is generally flat. However, limited steep slopes are present in the westernmost portion of the site, generally adjacent to Ida Avenue.
Within the San Diego Air Basin, in which the project site lies, the interaction of ocean, land, and the Pacific High influences the direction of prevailing winds (westerly to northwesterly). Winds tend to blow onshore during the day and offshore at night. Local terrain is often the dominant factor inland and winds in inland mountainous areas tend to blow through the valleys during the day and down the hills and valleys at night. In the fall, the air basin is often impacted by Santa Ana winds, which are the result of a high-pressure system over the Nevada and Utah regions that overcomes the westerly wind pattern and forces hot, dry winds from the east to the Pacific Ocean.
It is anticipated that the risk for large catastrophic wildfires driven by Santa Ana wind events will likely increase as a result of ongoing climate change, with drier autumns leading to low antecedent precipitation before the height of the Santa Ana wind season (December and January) (Dudek 2021a). Due to the project location within proximity to the coastline, prevailing winds are not anticipated to substantially exacerbate the risk of wildfire occurrence or expose project occupants to the uncontrolled spread of a wildfire beyond that which occurs under existing conditions.
According to CalFire’s Fire Hazard Severity Zone Map, the project site is not located in a Fire Hazard Severity Zone within a State Responsibility Area (CalFire n.d.). The site is also not identified as being located in a Very High Fire Hazard Severity Zone for a Local Responsibility Area (CalFire 2009). Similarly, all surrounding lands within the vicinity of the site are designated as having a very low risk for wildfire hazard (CalFire n.d.). Additionally, as shown on Exhibit 2, Brush Fire Hazard Areas, of the City of Solana Beach General Plan Safety Element, the project site is not identified as having the potential for brush fire risk, nor is it located within the vicinity of other lands designated as such (City of Solana Beach 2014).
On-site landscaping for visual enhancement purposes is proposed for the project. However, such plantings would not substantially exacerbate wildfire risks or the potential for uncontrolled spread of wildfire in the area.
Therefore, as the potential for wildfire to occur on-site is considered to be low, the project would not exacerbate wildfire risks or expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact.
The installation or maintenance of associated infrastructure (such as roads, fuel breaks, power lines, or other utilities) that may exacerbate fire risk would not occur with the project as proposed.
No new roadways are proposed and utility infrastructure is currently available in the immediate project vicinity. Additionally, the SBFD, as part of the City’s discretionary review process, would review all project plans to ensure that adequate fire suppression and emergency access and Michael Baker
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evacuation routes are maintained and potential damage from or risk of fire is minimized.
Adherence to local design standards and regulations relative to fire risk and prevention would ensure that no impact occurs in this regard.
Mitigation Measures: None required.
Level of Significance: No impact.
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less than Significant Impact.
Refer to Response 20(b), above. The project site is relatively flat, with exception of limited slopes in the westernmost portion of the site adjacent to Ida Avenue. No slopes that may be subject to slope instability, flooding, or landslides after a fire event are present, nor are such conditions present on adjoining lands.
The project would be subject to requirements of the CBC, which identifies structural requirements for existing and new buildings and is intended to ensure structural integrity during seismic and other hazardous events (e.g., landslides), as well as preventing injury, loss of life, and substantial property damage. To ensure the protection of public safety, all planned development in Solana Beach is subject to CBC requirements. Additionally, development of the site as proposed would not result in a substantial change in stormwater runoff quantities or rates from the site. Due to the limited scale of the proposed development, combined with conformance to local and other applicable design standards to address on-site drainage and stormwater runoff, the project is not anticipated to result in downslope or downstream flooding.
As designed, and with conformance to adopted regulations intended to maintain public safety, the project would not expose people to flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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21. Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
Impact With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
21. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a
plant or animal community, substantially reduce the
number or restrict the range of rare or endangered
plants or animals, or eliminate important examples
of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
"Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects?
c) Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly?
DISCUSSION OF IMPACTS
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation Incorporated.
The analysis provided herein determined that the project has the potential to directly or indirectly impact nesting birds. Mitigation requiring preconstruction biological surveys and construction worker education would be implemented to ensure potential impacts are reduced to less than significant. Refer to mitigation measure BIO-1 in Section 4, Biological Resources. Additionally, mitigation measures CUL-1 to CUL-3 would be implemented to ensure that project impacts to unknown cultural and/or tribal cultural resources, including human remains, are reduced to less than significant; refer to Section 5, Cultural Resources, and Section 18, Tribal Cultural Resources.
With the incorporation of such mitigation measures, the project would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of rare or endangered □ ~ □ □
□ □ ~ □
□ □ ~ □
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plants or animals, or eliminate important examples of the major periods of California history or prehistory. Impacts would be less than significant with mitigation incorporated.
Mitigation Measures: Implement mitigation measures BIO-1 and CUL-1 to CUL-3.
Level of Significance: Less than significant with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Less than Significant Impact.
A cumulative impact could occur if the project would result in an incrementally considerable contribution to a significant cumulative impact in consideration of past, present, and reasonably foreseeable future projects for each resource area. No direct significant impacts were identified for the proposed project that could not be mitigated to a less than significant level. However, when combined with other projects within the vicinity, the project may result in a contribution to a potentially significant cumulative impact.
The project does not include any agricultural resources that could be impacted, and the project would have no effect on minerals or population and housing. In addition, a less than significant finding was determined (with or without mitigation incorporated) for aesthetics, air quality, energy, geology and soils, GHG emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, public services, recreation, transportation, utilities and service systems, and wildfire. As a result, cumulative impacts related to these resources would not occur.
Biological resources, cultural resources, and tribal cultural resources impacts that are generated by construction activities would be short term and limited by a temporary construction period.
Mitigation measures are proposed to reduce project impacts to less than significant. As a result of the evaluation provided herein, there is no substantial evidence that, after mitigation, there are cumulative effects associated with the proposed project. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact.
In the evaluation of environmental impacts in this Initial Study, the potential for adverse direct or indirect impacts to human beings were considered in the response to certain questions in the following sections: aesthetics; air quality; geology and soils; hazards and hazardous materials; hydrology and water quality; noise; population and housing; and transportation. As a result of this evaluation, no potentially environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, were identified. Impacts would be less than significant.
Mitigation Measures: None required.
Level of Significance: Less than significant.
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Community Development Department
Joseph Lim .................................Director
Katie Benson..............................Senior Planner/Project Manager Michael Baker International
Bob Stark, AICP........................... CEQA Project Manager Nicole Marotz, AICP, LEED AP .... Senior Environmental Planner Hilary Heidenreich...................... Word Processing/Graphics Ana Cotham................................ Technical Editing Summit Environmental Group, Inc.
Leslea Meyerhoff, MA, AICP....... Principal; QA/QC Manager Dudek
Air Quality and Greenhouse Gas Emissions Analysis Technical Report Samantha Wang ......................... Air Quality Specialist Assessment of Biological Resources
Shana Carey ...............................Biologist
Cultural Resources Inventory Report
Micah J. Hale, PhD, RPA ............Archaeologist
Matthew DeCarlo, MA ..............Archaeologist
Noise Technical Report
Connor Burke ............................Noise Specialist Mark Storm ...............................Noise Specialist Linscott, Law, & Greenspan (LL&G)
Trip Generation Assessment
Shankar Ramakrishman, PE, Associate Principal
Armstrong & Brooks Consulting Engineers
Preliminary Drainage Report
Dennis Armstrong, RCE
Priority Development Project - Water Quality Technical Report Dennis Armstrong, RCE
DOCUMENT PREPARERS
City of Solana Beach
Technical Reports
Michael Baker
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Ida Avenue Apartments Project
Initial Study and Mitigated Negative Declaration 4.0 DOCUMENT PREPARERS AND REFERENCES
Armstrong & Brooks Consulting Engineers. 2018. Priority Development Project - Water Quality Technical Report.
———. 2021. Preliminary Drainage Report.
CalFire (California Department of Forestry and Fire Forestry Protection, Office of the State Fire Marshal). 2009. Very High Fire Hazard Severity Zones in LRA.
https://osfm.fire.ca.gov/media/5972/solana_beach.pdf.
———. n.d. FHSZ Viewer. https://egis.fire.ca.gov/FHSZ/.
Caltrans (California Department of Transportation). 2019. California State Scenic Highway System Map. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805 7116f1aacaa.
City of Solana Beach. 2013. Local Coastal Program Land Use Plan. Adopted 2013; amended 2019. http://solana-beach.hdso.net/LCPLUP/LCPLUP-COMPLETE.pdf. ———. General Plan. 2014.
https://www.codepublishing.com/CA/SolanaBeach/#!/SolanaBeachGP/SolanaBeachGPNT.html. ———. 2015. Comprehensive Active Transportation Strategy. https://bikewalksolana.org/pdf/CATS_FINALREPORT.pdf.
———. 2017. Climate Action Plan. https://www.ci.solana-beach.ca.us/vertical/sites/%7B840804C2- F869-4904-9AE3-
720581350CE7%7D/uploads/City_of_Solana_Beach_Climate_Action_Plan(1)(2).pdf. ———. 2020. General Plan Housing Element.
https://www.codepublishing.com/CA/SolanaBeach/#!/SolanaBeachGP/SolanaBeachGP06.html. ———. 2021. (Draft) 2021-2029 6th Cycle Housing Element Update. https://www.ci.solanabeach.ca.us/vertical/Sites/%7B840804C2-F869-4904-9AE3- 720581350CE7%7D/uploads/Draft_Revised_Solana_Beach_Housing_Element_(November_2021 ).pdf.
———. n.d.-a. City Services and Key Contacts. https://www.ci.solanabeach.ca.us/index.asp?SEC=626C21AC-9499-4845-913A-2CFAB5391170&Type=B_BASIC. ———. n.d.-b. Environmental Services - Solid Waste and Recycling. https://www.ci.solanabeach.ca.us/index.asp?SEC=CA5E2E8E-D408-4478-B5F8- BFD4DD7C3B03&Type=B_BASIC#:~:text=EDCO%20is%20the%20only%20authorized,(858)%2072 0%2D2477.
REFERENCES
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Initial Study and Mitigated Negative Declaration 4.0 DOCUMENT PREPARERS AND REFERENCES
———. n.d.-c. Fire Department. “About.” https://www.ci.solana-beach.ca.us/index.asp?SEC=61BB125BD48D-452B-BAC4-A1A85ED4AF0&Type=B_BASIC ———. n.d.-d. Fire Department - Community Emergency Response Team C.E.R.T. https://www.ci.solanabeach.ca.us/communityemergencyresponseteam. ———. n.d.-e. Fire Department - Emergency Response. https://www.ci.solanabeach.ca.us/index.asp?SEC=4C15EEAA-4851-4814-9E1C-06074629A258&Type=B_BASIC. ———. n.d.-f. Sewer. https://www.ci.solana-beach.ca.us/index.asp?SEC=49A77CB9-BF80-47A9-A425- C055F14D44DA&Type=B_BASIC#:~:text=For%20more%20information%20on%20sewer,at%2085 8%2D720%2D2470.
———. n.d.-g. Sheriff Law Enforcement Services. https://www.ci.solanabeach.ca.us/index.asp?SEC=7002CD7A-B435-4726-9E77-6FD6DBB15013&Type=B_BASIC.
Coast News. 2021. San Elijo’s Water Reclamation Facility Named Plant of the Year. https://thecoastnews.com/san-elijos-water-reclamation-facility-named-plant-of-the-year/.
County of San Diego. 2018. Multi-Jurisdictional Hazard Mitigation Plan, San Diego County, California. https://www.sandiegocounty.gov/content/dam/sdc/oes/emergency_management/HazMit/201 8/2018%20Hazard%20Mitigation%20Plan.pdf.
DOC (California Department of Conservation). 2015. Mineral Lands Classification. https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. ———. 2018. Earthquake Zones of Required Investigation.
https://maps.conservation.ca.gov/cgs/EQZApp/app/.
———. 2020. San Diego County Important Farmland 2018 (San Diego West). https://www.conservation.ca.gov/dlrp/fmmp/Pages/SanDiego.aspx.
DTSC (California Department of Toxic Substances). 2022. Envirostor. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=solana+beach+ca.
Dudek. 2021a. Air Quality and Greenhouse Gas Emissions Analysis Technical Report for the Ida Avenue Apartments Project.
———. 2021b. Assessment of Biological Resources for the Ida Avenue Project, APN Number 298-162-37; City of Solana Beach, California.
———. 2021c. Cultural Resources Inventory Report for the Ida Avenue Apartments Project. ———. 2021d. Noise Technical Report for the Ida Avenue Project.
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Initial Study and Mitigated Negative Declaration 4.0 DOCUMENT PREPARERS AND REFERENCES
FEMA (Federal Emergency Management Act =). 2019. National Flood Layer (NFHL) Viewer. https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa 9cd.
LL&G (Linscott, Law, & Greenspan). 2021. Ida Avenue Apartments Project - Trip Generation Assessment.
SANDAG (San Diego Association of Governments). 2003. Final MHCP Executive Summary. https://www.sandag.org/programs/environment/habitat_preservation/mhcp_exec_sum.pdf. ———. 2021. Demographic and Socioeconomic Estimates; Jurisdiction – Solana Beach. https://datasurfer.sandag.org/download/sandag_estimate_2020_jurisdiction_solana-beach.pdf.
SFID (Santa Fe Irrigation District). 2021. Urban Water Management Plan - Final. https://www.sfidwater.org/DocumentCenter/View/933/2020-UWMP-FINAL. _____. n.d. Non-Potable Water Sources - Recycled Water. https://www.sfidwater.org/178/WaterSources. _____. n.d. R.E. Badger Filtration Plant. https://www.sfidwater.org/189/RE-Badger-Filtration-Plant.
SWRCB (California State Water Resources Control Board) - Geotracker. 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=solana+beach+ca.
USDA (US Department of Agriculture) - Natural Resources Conservation Services. n.d. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.
Michael Baker
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RESOLUTION 2022-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, ADOPTING A FINAL
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM FOR THE IDA AVENUE
APARTMENTS PROJECT ON A VACANT LOT AT 0 IDA
AVENUE, SOLANA BEACH
APPLICANT: KNN MANAGEMENT LLC
C/O SHANTU PATEL
APPLICATION: 17-18-03
WHEREAS, KNN Management LLC, c/o Shantu Patel (hereinafter referred to as “Applicant”), has submitted an application to the City of Solana Beach (“City”) for a Development Review Permit (DRP) and Structure Development Permit (SDP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC) for the Ida Avenue Apartments Project (“Proposed Project” or “Project”); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and its implementing guidelines, 14 California Code of Regulations Section 15000, et seq. (“CEQA Guidelines”), the City prepared a draft Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Proposed Project which was made available for public review and comment as required by law on June 3, 2022; and
WHEREAS, the City has determined that the comments received on the draft IS/MND did not contain any significant new information within the meaning of CEQA Guidelines section 15073.5 and therefore, recirculation of the draft IS/MND is not required; and WHEREAS, the City has prepared a Final IS/MND which contains the information required by CEQA and the technical appendices, and which has been filed with the City Clerk; and
WHEREAS, pursuant to CEQA Guidelines section 15074(d), the City has prepared a Mitigation Monitoring and Reporting Program (“MMRP”), which has been filed with the City Clerk; and
WHEREAS, the City caused notice to be duly given of a Public Hearing in this matter in accordance with law, as evidenced by the affidavit of publication and affidavit of mailing on file with the City Clerk; and
WHEREAS, all materials with regard to the Proposed Project were made available to the City Council for its review and consideration of the Proposed Project including, but not limited to, the following:
1. The Final IS/MND and appendices;
2. The Mitigation Monitoring and Reporting Program;
Resolution 2022-087
17-18-03 Ida Ave Apartments IS/MND
3. The staff report and related exhibits; and
4. All documents and records filed in this proceeding by interested parties.
WHEREAS, a duly noticed Public Hearing was held pursuant to the provisions of SBMC Section 17.72.030 on July 13, 2022, at which the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City of Solana Beach, as the CEQA Lead Agency, and the City Council, as the decision making body of the Lead Agency, has considered the proposed Final IS/MND, including all technical reports referenced in the IS/MND, together with all comments received during the public review process on the IS/MND and the City’s responses to those comments; and
WHEREAS, having reviewed and considered all testimony and materials made available to the City Council including, but not limited to, the Final IS/MND, the staff report and all the testimony and evidence in the record of the proceedings with respect to the Proposed Project, the City Council took the actions hereinafter set forth.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the City Council has considered the Final IS/MND, including all technical reports referenced in the IS/MND together with all comments received during the public review process of the IS/MND.
III. That the City Council hereby adopts the Final IS/MND as it finds on the basis of the whole record before it, including all technical reports and all comments received, that there is no substantial evidence that the Proposed Project will have an unmitigated significant effect on the environment and that the Final IS/MND reflects the City’s independent judgment and analysis; and IV. That the City Council also hereby adopts the MMRP included as Exhibit A prepared for the Proposed Project, which is attached to the July 13, 2022 Staff Report, which identifies mitigation measures that are required to be implemented by the Applicant to avoid or reduce the potential significant environmental effects of the Proposed Project.
V. The location and custodian of the documents and other materials, which constitute the record of proceedings on which the City Council’s decision is based, are the City of Solana Beach Community Development Department, 635 Highway 101, Solana Beach, CA 92075.
VI. INDEMNIFICATION AGREEMENT: The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, Resolution 2022-087
17-18-03 Ida Ave Apartments IS/MND
actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
VII. NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020.
Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 13th day of July, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Deputy Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk
CC Resolution No. 2022-087 – Exhibit A
Ida Avenue Apartments Project
MITIGATION MONITORING AND REPORTING PROGRAM
(SCH #2022060093)
July 2022
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Mitigation Monitoring and Reporting Program
Ida Avenue Apartments Project
Solana Beach, California
State Clearinghouse (SCH) No. 2022060093
Case No. : 17-18-03 DRP/SDP
Lead Agency:
City of Solana Beach
Community Planning Department
635 South Highway 101
Solana Beach, California 92075
Preparers:
Michael Baker International
5050 Avenida Encinas, Suite 260
Carlsbad, California 92008
Summit Environmental Group, Inc.
Carlsbad, California 92009
July 2022
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City Council Resolution 2022-087, Exhibit A
Ida Avenue Apartments Project Page | 1
Mitigation Monitoring and Reporting Program
I. INTRODUCTION
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Ida Avenue Apartments Project (proposed project). An MMRP is required for the proposed project because the Mitigated Negative Declaration (MND) prepared for the project has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.”
II. MITIGATION MONITORING AND REPORTING PROGRAM
As the lead agency, the City of Solana Beach (City) will be responsible for monitoring compliance with all mitigation measures. Different City departments may be responsible for various aspects of the project. The MMRP identifies the department with the responsibility for ensuring that each individual mitigation measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure such compliance.
The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below.
• Potential Significant Impact: The significance threshold is restated to describe the potentially significant impact.
• Mitigation Measure: The mitigation measures to be adopted (as identified in the EIR) are restated.
• Timeframe of Mitigation: Identifies at which stage of the project the mitigation measure shall be completed.
• Monitoring, Enforcement, and Reporting Responsibility: Identifies the department within the City with responsibility for mitigation monitoring.
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Mitigation Monitoring and Reporting Program
CC Resolution No. 2022-087 – Exhibit A
Mitigation Measure
Timeframe of
Mitigation
Monitoring, Enforcement,
and Reporting
Responsibility
Biological Resources
BIO-1 Compliance with Migratory Bird Treaty Act. If construction activities (e.g., staging, site preparation, grading) commence during the breeding season (January 1 through July 31 for raptors and March 1 through September 15 for songbirds), a preconstruction nesting bird survey shall be conducted by a qualified biologist. The survey shall be performed within three days prior to the commencement of construction activities.
Surveys shall include the construction area plus a 500-foot buffer. Survey findings would be documented prior to initiating any construction activities.
If no nesting birds are observed during the survey, implementation of project activities may begin. If nesting birds (including nesting raptors) are found to be present, avoidance or minimization measures shall be undertaken. Measures shall include establishment of an avoidance buffer until nesting has been completed. The width of the buffer will be determined by the qualified biologist based on California Department of Fish and Wildlife recommendations. The qualified biologist shall determine the appropriate buffer size and level of nest monitoring necessary for species not listed under the federal or California Endangered Species Acts based on the species’ life history, the species’ sensitivity to disturbances (e.g., noise, vibration, human activity), individual behavior, status of nest, location of nest and site conditions, presence of screening vegetation, anticipated project activities, ambient noise levels compared to project-related noise levels, existing non-project-related disturbances in the vicinity, and ambient levels of human activity.
Buffers shall be marked (flagged or fenced with environmentally sensitive area fencing) around any active nests and periodic monitoring by the qualified biologist will occur to ensure the project does not result in the failure of the nest. The buffer(s) shall be maintained around each nest until the nest becomes inactive as determined by the qualified biologist. At the discretion of the qualified biologist, if a nesting bird appears to be stressed as a result of project activities and the buffer does not appear to provide adequate protection, additional minimization measures may need to be implemented.
Prior to
commencement of and
during project
construction
City of Solana Beach
Community Development
Department
I
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Construction may continue outside of the no-work buffers. The qualified biologist shall ensure that restricted activities occur outside of the delineated buffers, check nesting birds for any potential indications of stress, and ensure that installed fencing or flagging is properly maintained during nest monitoring and any additional site visits.
Buffer sizes may be adjusted (either increased or reduced), or the extent of nest monitoring may be adjusted, at the discretion of the qualified biologist based on the conditions of the surrounding area and/or the behavior of the nesting bird.
Any changes to buffer sizes and/or nest monitoring frequency shall be documented. If listed species are found to be nesting in the survey area, construction activity shall not occur without coordination with regulating agencies and may require an agencyapproved bird management plan.
Cultural Resources
CUL-1 Cultural Resources Monitoring Program. A Cultural Resource Mitigation Monitoring Program shall be conducted to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full-time presence of a qualified archaeologist and a traditionally and culturally affiliated (TCA) Native American monitor (Kumeyaay) shall be retained to monitor ground-disturbing activities associated with project construction, including vegetation removal, clearing, grading, trenching, excavation, or other activities that may disturb original (pre-project) ground, including the placement of fill materials. • The requirement for cultural resource mitigation monitoring shall be noted on all applicable construction documents, including grading plans. • The qualified archaeologist and TCA Native American monitor shall attend all applicable preconstruction meetings with the contractor and/or associated subcontractors.
• The qualified archaeologist shall maintain ongoing collaborative consultation with the TCA Native American monitor during all ground-disturbing or altering activities, as identified above.
Prior to
commencement of and
during project
construction
City of Solana Beach
Community Development
Department
I
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Timeframe of
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Monitoring, Enforcement,
and Reporting
Responsibility
• The qualified archaeologist and/or TCA Native American monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the qualified archaeologist and the TCA Native American monitor, in consultation with the Kumeyaay affiliated tribes. Ground-disturbing activities shall not resume until the qualified archaeologist, in consultation with the TCA Native American monitor, deems that the cultural resource or feature has been appropriately documented and/or protected. At the qualified archaeologist’s discretion, the location of ground-disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources.
• The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under CEQA. If a data recovery is required, then the Kumeyaay affiliated tribes shall be notified and consulted in drafting and finalizing any such recovery plan. • The qualified archaeologist and/or TCA Native American monitor may also halt ground-disturbing activities around known archaeological artifact deposits or cultural features if, in their respective opinions, there is the possibility that they could be damaged or destroyed.
• The landowner shall relinquish ownership of all tribal cultural resources collected during the cultural resource mitigation monitoring conducted during all ground-disturbing activities, and from any previous archaeological studies or excavations on the project site, to the Kumeyaay affiliated tribes for respectful and dignified treatment and disposition, including reburial, in accordance with the tribe’s cultural and spiritual traditions. All cultural materials that are associated with burial and/or funerary goods will be repatriated to the most likely descendant as determined by the Native City Council Resolution 2022--087, Exhibit A
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American Heritage Commission per California Public Resources Code Section 5097.98.
CUL-2 Prepare Monitoring Report and/or Evaluation Report. Prior to the release of the grading bond, a monitoring report and/or evaluation report, which describes the results, analysis, and conclusions of the cultural resource mitigation monitoring efforts (such as, but not limited to, the Research Design and Data Recovery Program), shall be submitted by the qualified archaeologist, along with the TCA Native American monitor’s notes and comments, to the City’s Community Development Director for approval.
CUL-3 Identification of Human Remains. As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the qualified archaeologist and/or the TCA Native American monitor) shall occur until the coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the qualified archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by state law, the coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determination as to the most likely descendent. If Native American remains are discovered, the remains shall be kept in situ (“in place”), or in a secure location in close proximity to where they were found, and the analysis of the remains shall only occur on-site in the presence of the TCA Native American monitor.
Geology and Soils I
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Mitigation Measure
Timeframe of
Mitigation
Monitoring, Enforcement,
and Reporting
Responsibility
GEO-1 During project excavation/grading operations, if paleontological resources are encountered, all work shall be halted or redirected and the City of Solana Community Development Department shall be notified in writing within 24 hours of identification.
Said work shall be halted or redirected until a qualified paleontologist can evaluate the significance of the discovery. If the project paleontologist determines that the discovery represents a potentially significant paleontological resource, proper measures shall be identified for the documentation, recovery, and/or preservation of such resources, as appropriate.
During project
excavation and
grading
City of Solana Beach
Community Development
Department
Noise
NOI-1 Prior to and during project grading or construction, the following measures shall be implemented to demonstrate that noise levels do not exceed a 75 dBA level:
• Administrative controls (e.g., reduce operating time of equipment and/or prohibit usage of equipment type[s] within certain distances). • Engineering controls (upgrade noise controls, such as install better engine exhaust mufflers).
• Install noise abatement on the site boundary fencing (or within, as practical and appropriate) in the form of sound blankets or comparable temporary barriers to occlude construction noise emission between the site (or specific equipment operation as the situation may define) and the noise-sensitive receptor(s) of concern.
• At the commencement of and during project grading, a noise monitor shall be on-site to ensure that noise levels at adjacent sensitive receptors are in conformance with the 75 dBA threshold.
Prior to and during
grading or construction
City of Solana Beach
Community Development
Department
I
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Mitigation Measure
Timeframe of
Mitigation
Monitoring, Enforcement,
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Responsibility
Tribal Cultural Resources
Implement mitigation measures CUL-1 to CUL-3. Prior to
commencement of and
during project
construction
City of Solana Beach
Community Development
Department
I
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RESOLUTION 2022-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLANA
BEACH, CALIFORNIA, CONDITIONALLY APPROVING A
DEVELOPMENT REVIEW PERMIT AND STRUCTURE DEVELOPMENT
PERMIT FOR THE IDA AVENUE APARTMENTS PROJECT AT 0 IDA
AVENUE, SOLANA BEACH, APN: 298-162-37
APPLICANTS: KNN MANAGEMENT LLC
C/O SHANTU PATEL
APPLICATION: 17-18-03 DRP/SDP
WHEREAS, KNN Management LLC, c/o Shantu Patel (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) and Structure Development Permit (SDP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and
WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on July 13, 2022, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council of the City of Solana Beach certified the Initial Study / Mitigated Negative Declaration (IS/MND), and adopted a Mitigation Monitoring and Reporting Program (MMRP) and Findings of Fact for the Ida Avenue Apartments Project in accordance with the California Environmental Quality Act and the State CEQA Guidelines via Resolution 2022-087; and
WHEREAS, this decision is based upon the evidence presented at the hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the City Council has adopted and certified the MND in compliance with CEQA pursuant to Sections 15161 of the State CEQA Guidelines, adopted the MMRP, and made the required Findings of Fact.
III. That the request for a DRP and SDP for the Ida Avenue Apartments Project, an eight-unit, for-lease, residential development consisting of two detached two-story buildings built above basement-level garages and perform associated site improvements including cut and fill grading, drainage improvements, landscaping, a playground, and off-street parking spaces on a vacant property at 0 Ida Avenue, Solana Beach, is conditionally approved based upon the following Findings and Resolution 2022-088
17-18-03 DRP/SDP – Ida Avenue Apartments
subject to the following Conditions:
IV. FINDINGS
A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:
I. The proposed project is consistent with the General Plan and all applicable requirements of SBMC Title 17 (Zoning Ordinance), including special regulations, overlay zones and specific plans.
General Plan Consistency: The proposed Project is consistent with the General Plan, which designates the property as Medium-High Density Residential (MHR) and is intended for multi-family residential development within a density range of eight to twelve units per acre. The proposed Project is consistent with the following General Plan policies in the City’s Land Use (LU) Element for residential land uses:
Policy LU-1.1: Encourage the development and protection of healthy residential neighborhoods by ensuring sensitive transitions between those neighborhoods and adjoining areas and preventing deterioration through rehabilitation and maintenance efforts
Policy LU-1.2: The City’s land use plan shall include residential land uses comprising a range of housing types, locations, and densities.
Policy LU-6.6: Promote infill development, redevelopment, rehabilitation, and reuse efforts that protect and contribute positively to existing neighborhoods and surrounding areas.
Policy LU-6.7: Promote appropriate transitions in building height and bulk which are sensitive to the visual and physical character of adjacent neighborhoods.
The proposed development is consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
The Project could be found to be consistent with the following General Plan programs and goals in the City’s Housing Element which the City is committed to implementing the housing goals, including regional housing needs assessment / local share goals and affordable housing goals, including:
Resolution 2022-088
17-18-03 DRP/SDP – Ida Avenue Apartments
• The adequate provision of a range of safe and decent housing opportunities that will meet Solana Beach’s share of the existing and future housing needs of the region.
• Maintenance, preservation, and enhancement of community and neighborhood character and the quality of residential
neighborhoods and commercial areas.
• Developing a site that was identified as having development potential for 7-10 dwelling units in the City's Housing Element.
The 2013-2020 Cycle Housing Element identified the subject property as an adequate site that was already zoned to allow for multi-family residential development. Referenced as “Site 8” in the Adequate Sites Inventory, the Housing Element specified a past project application (DRP/SDP/SUB 17-07-08) for an 8-unit detached residential condominium development, which was later withdrawn.
In 2021, the City adopted the 6th Cycle 2021-2029 Housing Element which includes this site as a property that could accommodate eight (8) moderate and above moderate housing units. The 6th Cycle Housing Element is still pending certification by HCD, however, this project is consistent with the adopted policies and estimated densities for housing development on vacant and underutilized properties.
Local Coastal Plan/Land Use Plan Consistency: The Solana Beach City Council adopted a Local Coastal Plan (LCP) Land Use Plan (LUP) on February 27, 2013 (amended and certified on June 11, 2014). Although the LUP has been certified by the California Coastal Commission, the Local Implementation Plan (LIP) portion of the LCP has not yet been certified; as such, the provisions of the LUP are considered by the Coastal Commission to be advisory rather than mandatory at this time.
The purpose of the LUP is to implement the State’s goals for the coastal zone. The City’s LUP provides long-term goals that promote the beneficial use of lands in the City and the beach and shoreline for residents and visitors alike. The LCP/LUP designates the property as Medium-High Density Residential. This land use category is intended to be developed with eight to 12 dwelling units per acre. This zone is intended for multiple-family attached units such as apartments and condominium buildings. Such areas are located in close proximity to major community facilities, commercial centers, and transportation routes. It is intended that development in this zone utilize innovative site planning and provide on-site recreational amenities.
The proposed Project could be found to be consistent with LCP/LUP. In particular, the proposed Project could be found to be consistent with the Resolution 2022-088
17-18-03 DRP/SDP – Ida Avenue Apartments
policies in Chapter 5 – New Development, which includes general policies for new development, and policies for residential development, multi-family development and redevelopment, energy efficiency and archaeology.
Zoning Ordinance Consistency: SBMC Section 17.20.010(E) specifies that the MHR Zone is intended for a wide range of residential development types including detached single-family and attached duplex units at the low end of the density range and multiple-family attached units at the higher end of the density range. The MHR Zone allows for eight to 12 dwelling units per net acre. The following is an analysis of the Project consistent with the applicable development regulations.
Density Regulations: Density regulates the number of dwelling units allowed on a lot per net acre. In order to determine the number of units allowed on the 38,904 square-foot or 0.89 acre (net) parcel based on the density range, the following calculation is used:
net lot size in acres x number of dwelling units per acre = number of units allowed
If the calculation results in a fractional number of 0.7 or greater, the number of units can be rounded up to the nearest whole number. The density range for the subject property is as follows:
MHR Density Range: 8-12 du/ac
Base Density: 8 du/ac (net) Maximum Density: 12 du/ac (net)
0.89 x 8 du/ac = 7.12 du or 7 du 0.89 x 12 du/ac = 10.68 or 10 du In addition, SBMC 17.20.030(b)(4) indicates that multiple dwelling unit projects located in or in proximity to sensitive lands such as steep slopes, coastal bluffs and wetlands shall adjust the allowed density according as follows:
Table 17.20.030-C
Density Adjustments for Sensitive Lands
Area Type Density Adjustment Multiplier
Wetland Areas 0.00
Slopes less than 25% grade 1.00
Slopes 25% to 40% grade and not
also in another sensitive area 0.50
Slopes greater than 40% grade 0.00
Slopes of 25% or greater grade:
1. Along Coastal Bluffs
2. Uplands Adjoining the San
Elijo Lagoon
0.00 Resolution 2022-088
17-18-03 DRP/SDP – Ida Avenue Apartments
The Applicant provided a Slope Analysis Exhibit on sheet SL-1 and density calculations on sheet TS of the attached project plans (Attachment 1) that shows the density adjustment according to table
17.20.030(C) as follows:
Density Adjustment Multiplier
Slope Range
%
Density
Adjustment
Factor
Adjusted
Density
(DU/Net
Acre)
Area (Acre)
Number of
Units
Permitted
0-25 1.0 8-12 0.84 6.72-10.08
25-40 0.5 8-12 0.05 0.2-0.3
40-100 0 0 0 0
Total Units: 6.92-10.38
7-10
The Applicant is requesting to exceed the base density to construct 8 dwelling units. SBMC 17.20.030(B)(1)(c) indicates that:
The maximum density shall not be construed to be a “guaranteed right” and shall be granted only upon demonstration that the proposed development incorporates exemplary site planning and design and complies with all applicable zoning regulations and general plan objectives. Whenever the proposed density for a site is greater than that permitted by subsection (a) of this table, the increased density shall be justified by consideration of such matters as: superior project design; public facility availability; availability of public transportation; proximity to public recreation; proximity to public facilities or community amenities provided by the developer of the site; whether the increased density will assist the city in meeting its regional housing obligations and local housing goals; whether the increased density will adversely affect the neighborhood; or whether the increased density will assist the city in meeting other general plan goals and objectives.
**Leave blank for potential finding of the City Council that the project meets the exemplary site design to justify exceeding the base density allowed in the range.**
Minimum Yards/Setbacks: As designed, the project complies with all required setbacks under the designation “D” on the City’s official Zoning Map. The required front yard setback is reduced to 20 feet and the required rear yard setback is reduced to 15 feet due to the average lot depth. The Project meets or exceed all of the required setbacks.
Maximum Floor Area Ratio: The maximum allowable Floor Area Ratio (FAR) for the MHR Zone is 75 percent of the gross lot area. The maximum allowable FAR for the 40,833 square-foot lot (gross) is 30,625 square feet.
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17-18-03 DRP/SDP – Ida Avenue Apartments
Building 1 would be 11,971 square feet and include six two-story attached units built above a 9,077 square-foot subterranean shared parking garage consisting of 12 resident parking spaces and 2 guest parking spaces. The proposed six units in Building 1 would range in size from 1,832 square feet to 2,093 square feet and would each include an open concept kitchen, living, and dining area, one bedroom, and one bathroom on the first floor and a primary suite, a third bedroom, and a bathroom on the second floor. Building 2 would be 3,917 square feet and include two two-story units built above two private two-car garages totaling 1,810 square feet. The two units in Building 2 would be 3,039 square feet and 2,688 square feet and consist of larger floor plans with the same amenities as those in Building 1. All units would have attached trellises over patios in the front and rear sides of the units and secondfloor decks on the west sides. Each of the proposed garages comply with the regulations for basements and are therefore, exempt from the calculation of Gross Floor Area.
With the basement exemption (10,887 square feet), the total proposed floor area of the Project would be 15,888 square feet or a FAR of approximately 39 percent (14,737 square feet below the maximum allowable).
Maximum Building Height: The maximum building height for the MHR Zone is 25 feet. The maximum height of the proposed residence would be 24.94 feet above the proposed grade with the highest portion of the structure to be at 140.03 feet above MSL. The proposed structures would exceed 16 feet in height from the pre-existing grade. Therefore, the Project is subject to the requirements of SBMC Chapter 17.63 – View Assessment and the approval of a SDP. Compliance with those provisions are discussed later in this report.
As designed, the Project will comply with the required parking, maximum floor area, required setbacks, and maximum building height.
Required Off-Street Parking: SBMC Section 17.52.040 and the OffStreet Parking Design Manual (OSPDM) require two (2) off-street parking spaces per dwelling unit in a multi-family development with two or more bedrooms and one (1) off-street guest parking space per every four dwelling units. The Project includes a basement-level garage under Building 1, which would provide the required 12 resident parking spaces for the six units above and two additional guest parking spaces. The garage in Building 1 would be accessed from Ida Avenue by a one-way driveway located in the center of the lot and exit at the south end of the lot. The Project also includes two private basement-level two-car garages (4 total resident spaces) with private driveways accessing Units 7 and 8 in Building 2 in the northern portion of the lot. Two additional offstreet quest spaces would be located north of Building 2. In total the Project would provide the required 16 resident parking space (two per Resolution 2022-088
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dwelling unit) and exceed the required guest parking spaces by providing four when two are required (one per four units).
Fences, Walls and Retaining Walls: Within the front yard setback, the SBMC Section 17.20.040(O) allows fences and walls, or any combination thereof, to be no higher than 42 inches in height as measured from existing grade, except for an additional 2 feet that is at least 80% open to light. Fences, walls and retaining walls located within the rear and interior side yards are allowed to be up to 6 feet in height with an additional 2 feet that is 50% open to light and air.
The Applicant is required by CALTRANS to construct a Concrete Masonry Unit (CMU) sound wall along the rear (east) property line to provide a barrier between the residential development and the I-5 Freeway. The combination retaining wall and solid site wall would range in height from 2.0 to 15.5 feet in height when measured from the preexisting grade, as required by SBMC fence regulations. As the preexisting grade naturally descends in the northern portion of the property, the required CMU sound wall would exceed the maximum allowable fence/wall height for a rear yard in a residential property. However, SBMC Section 17.20.040(O) grants the City Council the option to approve a higher fence or wall in order to mitigate against potential adverse effects. In this case, the CMU sound wall would mitigate against the adverse effects of the I-5 Freeway from the Project. The CMU sound wall would terminate at the location of the playground equipment and transition to a six-foot fence following the rear property line.
Other proposed fences and walls include a six-foot solid site wall along the southern property line to delineate between the Project site and the adjacent residential property to the south. The Project also includes various guard rails and handrails where deemed necessary for safety along entry to the on-grade stairways, an Americans with Disabilities (ADA) ramp, patios, and retaining walls. Each unit would also include five-foot tall solid site walls with gates to divide the private yards while still providing emergency fire access around the entire structure.
Currently, the plans show fences and walls that comply with the requirements of SBMC 17.20.040(O) and 17.60.070(C) should the Council find that the CMU sound wall would mitigate against adverse effects. If the Applicant decides to modify any of the proposed fences and walls or construct additional fences and walls on the project site, a condition of project approval indicates that they would be required to be in compliance with the Municipal Code.
Affordable (Inclusionary) Housing: The application for the Project was submitted on March 22, 2018 and is, therefore, subject to the regulations in place at that time, which included Inclusionary Housing regulations Resolution 2022-088
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that have since been updated. SMBC Chapter 17.70 specifies the City’s affordable inclusionary housing requirements.
The applicable regulations specified that for-rental (for-lease) residential projects of five or more dwelling units, prior to the issuance of a building permit for each market-rate rental dwelling unit, affordable housing impact fees shall be paid to mitigate the rental residential project’s impact on the need for affordable housing in the city. The Affordable Housing Impact Fee (AHIF) pursuant to SBMC Section 17.70.025(A) is $25.28 per square foot of gross square footage of the market rate rental units. Therefore, the total AHIF for the Project would be:
15,888 square feet X $25.28 = $401,648.64
The Applicant is required to pay $401,648.64 prior to the issuance of building or grading permits.
The current affordable housing regulations set forth in SBMC Section
17.70.025 and codified after the submittal of this application preclude the payment of the AHIF for rental residential projects. Instead, this project would be required to construct and set aside 15 percent of all units for rent to very low or low income households (as defined by Health and Safety Code Sections 50105 and 50079.5, respectively) at rents affordable to such persons or households.
Specific Plans and Special Overlays: The property is not located within any of the City’s Specific Plan areas or special overlays. However, the Environmentally Sensitive Habitat (ESHA) Map included in the City’s adopted Local Coastal Program Land Use Plan (LCP/LUP) identifies the property as a mix of Non-Native Grasslands and Disturbed Habitat. The Applicant prepared a Biological Resources Assessment and concluded that there is no ESHA on or off site and, therefore, the Project is not subject to the ESHA protections outlined in the LCP/LUP.
The Project is located within the Coastal Zone, and as a condition of project approval, the Applicant is required to obtain a Coastal Development Permit, Waiver, or Exemption from the California Coastal Commission prior to the issuance of building or grading permits.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and where feasible, complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter of the development shall give consideration to the Resolution 2022-088
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protection of surrounding areas from potential adverse effects, as well as protection of the property from adverse surrounding influences.
The property is located within the MHR Zone. Properties located on the east side of Ida Avenue and on the west side of Ida Avenue in the northern half of the subject property are also located in the MHR Zone. Properties located on the west side of Ida Avenue from the southern half of the subject property are located in the Medium Residential (MR) Zone. The Interstate-5 Freeway is located immediately to the east of the project.
Surrounding properties are developed with a mixture of singlefamily residences and multi-family residential developments.
The project, as designed, is consistent with the permitted uses for the MHR Zone as described in SBMC Sections 17.20.010 and 17.12.020 and is compatible in terms of scale, apparent bulk, and massing and complementary to existing development in the immediate vicinity.
b. Building and Structure Placement: Buildings and structures shall be sited and designed in a manner which visually and functionally enhances their intended use.
As proposed, the density of 8 units would fall within the allowable range for the 0.89-acre (net) property located in the MHR Zone.
The Project will have a Floor Area Ratio (FAR) of approximately 41 percent when 75 percent is the maximum allowable in the MHR Zone. The Project will meet or exceed the required
setbacks for the property. The Project will be 24.94 feet in height when measured from the proposed grade when the maximum
allowable (without further Council consideration) is 25 feet in all residential zones. The project meets the required number of resident off-street parking spaces (2 per unit or 16 total) and exceeds the required guest parking spaces by 2 spaces (1 required per 4 units). The Project complies with the applicable property development regulations.
The Project will locate all resident parking in subterranean parking garages and break up the massing of the development into two detached structures. The facades of the two structures would be off-set between units to provide additional articulation.
The structures would be located toward the southern end of the buildable area in order to take advantage of the deeper lot depth and existing slope. The northern end of the lot, which is narrower and flatter, would be utilized as a landscaped open area with benches and playground equipment.
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c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.
The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape
Documentation Package is required for new development
projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The
Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the conceptual plan. In addition, the City’s third-party landscape architect will perform an inspection during the construction phase of the project. Native or drought-tolerant and non-invasive plant materials and waterconserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.
The existing vegetation located on the vacant lot was determined to be a mix of disturbed, non-native vegetation and groundcover such as ice plant, Russian thistle, and telegraph weed. The proposed landscape planting plan will include a variety or native or drought-tolerant and non-invasive species of trees, shrubs, and groundcover. The replacement vegetation would be
compatible with the surrounding area.
d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways.
Parking and outside storage areas, where permitted, shall be screened from view to the extent feasible, by existing
topography, by the placement of buildings and structures, or by landscaping and plantings.
All required off-street parking spaces will be accommodated in the subterranean garages with only driveways and garage doors and entrances visible from the community. Individual pedestrian access and driveways will be provided for the two units in Building 2. A shared on-grade stairway and ADA ramp will provide pedestrian access to the six units in Building 1. The shared garage in Building 1 will be accessed by a one-way driveway that enters the property from Ida Avenue at the center of the lot and exits the garage back to Ida Avenue at the south Resolution 2022-088
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end of the lot. Shared trash and recycling dumpsters will be located along the driveway to the shared parking garage under Building 1 and will be sufficiently screened from view by the southern side of the driveway and the existing grade.
e. Grading: To the extent feasible, natural topography and scenic features of the site shall be retained and incorporated into the proposed development. Any grading or earth-moving operations in connection with the proposed development shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site. Existing exposed or disturbed slopes shall be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.
The Project includes 8,945 CY of cut and 235 CY of fill; 106 CY of excavation for footings; 21 CY of fill for footings; 894 CY of removal and recompaction for wall footings; 1,839 CY building over excavation; an aggregate grading quantity of 12,040 CY; and 8,975 CY of export off site. The majority of the proposed grading will excavate for the proposed basement-level garages, driveways, and lowered rear yards. Additional grading is proposed to complete construction of footings and recompaction of pads for the two buildings and to accommodate the on-site drainage of new impervious area, create pedestrian entrances to the site, and complete site improvements in common areas of the development. The grading will result in a maximum increase of 4 feet in height and a maximum decrease of 20 feet in height from the existing grade.
f. Lighting: Light fixtures for walkways, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to assure safe and convenient nighttime use.
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
All new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC
17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area. g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.
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The Project is a multi-family residential development within the MHR Zone and, pursuant to the SBMC, requires common usable open space in the amount of 250 square feet per residential unit for a total of 2,000 square feet. The proposed project provides a communal playground that would be open to use by the
residents as well as neighbors in the community. The playground would be located in the northern end of the property that would be greater than 3,000 square feet in area. In addition, as designed, each of the proposed residential units has two private patios on the front (west) and rear (east) sides and walk-out second-floor decks on the front (west) side.
The Project exceeds the requirement for usable open space with the proposed playground. The Applicant is also required to pay the applicable Park Development Fee.
III. All required permits and approvals including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.
All required permits, including a Structure Development Permit, are being processed concurrently with the Development Review Permit.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant is required to obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
B. In accordance with Section 17.63.040 (Structure Development Permit) of the Solana Beach Municipal Code, the City Council finds the following:
The proposed structures will exceed 16 feet in height measured above the pre-existing grade, therefore, the project must comply with all View Assessment requirements of SBMC Chapter 17.63 and the Applicant was required to complete the SDP process. The Story Pole Height Certification was certified by a licensed land surveyor on October 6, 2021, which showed the highest story pole (#69) certified at 140.03 feet above MSL (and 21.44 feet above the pre-existing grade) and the tallest portion of the structure (Story Pole # 38) at 24.94 feet measured from the pre-existing grade (and 138.69 feet above MSL). Notices were mailed to property owners and occupants within 300 feet of the project site establishing a deadline to file for View Assessment by March 31, 2022. No applications for View Assessment were received. Therefore, if the Council is able to make the required findings to approve the DRP, the SDP would be approved administratively.
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A height certification prepared by a licensed land surveyor is required prior to the framing inspection certifying that the highest point of new construction will not exceed 140.03 feet above MSL (and 21.44 feet above the pre-existing grade) and the tallest point of new construction will not exceed 24.94 feet measured from the pre-existing grade (and 138.69 feet above MSL), which is the maximum proposed structure height reflected on the project plans.
V. CONDITIONS
Prior to use or development of the property in reliance on this permit, the Applicant shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
I. The Applicant shall pay required Fire Mitigation, Park Development, Public Use Facilities, and Public Facilities Impact Fees.
II. The Applicant shall pay the Affordable Housing Impact Fee in the amount of $401,648.64 prior to building or grading permit issuance.
III. Building Permit plans must be in substantial conformance with the architectural plans presented to the City Council on July 13, 2022, and located in the project file with a submittal date of July 5, 2022.
IV. Prior to requesting a framing inspection, the Applicant shall submit a height certificate prepared by a licensed land surveyor certifying that the highest point of new construction will not exceed 140.03 feet above MSL (and 21.44 feet above the pre-existing grade) and the tallest point of new construction will not exceed 24.94 feet measured from the preexisting grade (and 138.69 feet above MSL) in conformance with the plans as approved by the City Council on July 13, 2022.
V. Any proposed onsite fences, walls and retaining walls and any proposed railing located on top, or any combination thereof, shall comply with applicable regulations of SBMC Section 17.20.040 and
17.60.070 (Fences and Walls).
VI. The Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of Building and Grading Permits.
VII. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the conceptual landscape plan included in the project plans presented to the City Council on July 13, 2022, prior to Resolution 2022-088
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Building Permit issuance and consistent with the building construction and grading plans. The Applicant shall obtain and submit landscape security in a form prescribed by the City Engineer in addition to the grading security. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. The landscape security deposit shall be released when applicable regulations have been satisfied and the installation has passed inspection by the City’s third-party landscape professional.
VIII. Native or drought tolerant and non-invasive plant materials and water conserving irrigation systems shall be incorporated into any proposed landscaping and compatible with the surrounding area to the extent feasible.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access on the street and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City. The use of gas-powered generator(s) during construction activity is discouraged and shall be limited only to selective use at the discretion of the City.
XII. The Applicant shall comply with the Master Art Policy (MAP) by paying the associated fee prior to the issuance of a Building Permit. The fee may be refunded after an approved alternative art installation either onsite or in a MAP-designated area.
XIII. The Applicant shall implement mitigation measure BIO-1 specified in the Final IS/MND to avoid impacts to nesting bird species.
XIV. The Applicant shall implement mitigation measures CUL-1 through CUL-3 specified in the Final IS/MND and included in the Mitigation Monitoring Report Program (MMRP) to avoid impacts to cultural resources or tribal cultural resources during construction.
XV. The Applicant shall provide proof of authorization from the California Department of Transportation (CALTRANS) to perform work in the CALTRANS right-of-way prior to the issuance of building or grading Resolution 2022-088
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permits.
XVI. The proposed on-site communal playground and play area shall be open to use by residents of the Project and shall also be available for use by the neighbors in the community for the life of the Pr.
B. Fire Department Conditions:
I. ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-Family residential driveways; serving no more than two single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities.
II. GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall be installed per Solana Beach Fire Department standards.
III. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps.
IV. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;
b. At a minimum, the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency
vehicles; and
c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
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V. POSTING OR STRIPING ROADWAYS “NO PARKING FIRE LANE”:
Fire Department access roadways, when required, shall be properly identified as per Solana Beach Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
VI. OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All
roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Solana Beach Fire Department.
VII. FIRE HYDRANTS AND FIRE FLOWS: The Applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available.
Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4” inch and two (2) 2 ½” inch NST outlets. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets.
VIII. ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and shall meet the following minimum standards as to size: 4” high with a ½” inch stroke width for residential buildings, 8” high with a ½” stroke for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers.
IX. AUTOMATIC FIRE SPRINKLER SYSTEM – ONE- AND TWOFAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation. Sprinklers will be required due to significant modifications and additions being over 50 percent of existing structure.
X. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Department.
XI. WET STANDPIPE SYSTEM: A Class I wet standpipe system is required. Standpipe system shall be designed and installed per NFPA 14 and Solana Beach Fire Department requirements.
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XII. Basement:
a. All basements shall be designed and equipped with emergency exit systems consisting of operable windows, window wells or exit door that's leads directly outside via staircase and exit door or exit door at grade.
b. Window wells/Light wells that intrude into side yard or backyard setbacks of five feet or less, shall require a hinged grating covering the window well/lightwell opening. The grating shall be capable of supporting a weight of 250lb person; yet must be able to be opened by someone of minimal strength with no special knowledge, effort or use of key or tool. Any modification of previously approved plans related to this condition shall be subject to re-submittal and review by City staff (Fire, Building, Planning).
C. Engineering Department Conditions:
I. The Applicant is required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the below improvements being done in the public right-of-way. The improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project:
a. Construction of the rolled curb.
b. Construction of the 4 foot wide concrete sidewalk.
c. Street pavement resurfacing throughout Ida Ave.
d. Construction of the sidewalk underdrain pipes.
e. Construction of the 4’X6’ filterra catch basins.
f. Relocation of the fire hydrants.
g. Relocation of the existing power pole.
h. Landscaping & irrigation system.
i. Construction of the driveway approaches.
j. Construction of the proposed sewer lateral.
k. Construction of the proposed water lateral.
II. The project is designed to convey on-site storm drain run-off via the rolled curb in the public right-of-way. The Applicant is responsible to accept maintenance and liabilities of the rolled curb as well as the 2 filterra catch basins in the public right-of-way. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) with the County of San Diego prior to the release of the Grading Bond Resolution 2022-088
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and Security Deposit. The EMRA shall be recorded against this property for all private improvements in the Public Right-Of-Way including but not limited to:
a. Rolled Curb
b. Sidewalk underdrain pipes.
c. 4’X6’ filterra catch basins
III. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the residential condo & multi-family units prior to Building Permit Issuance that is required. The current fee rate for a residential condo & multi-family is $11,206.00 per dwelling unit.
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance is required of this project. The current rate for a residential condo & multi-family is $2,899 per dwelling unit.
V. A 4-foot width of property frontage along Ida Ave shall be dedicated to the City of Solana Beach as Public Right-Of-Way. The Applicant shall provide the Plat and Legal Description prepared by a Registered Civil Engineer. The document shall be recorded with the County of San Diego prior to Final Inspection of the Building Permit.
VI. Prior to the construction of the project, the Applicant is required to provide traffic control plans to the satisfaction of the City Engineer.
Ida Ave is to remain open during construction. 2-way traffic is to be open after the workday and on weekends.
VII. The existing high voltage lines along Ida Ave are not required to be undergrounded.
VIII. The Applicant is required to implement a no curb parking zone along the property frontage of Ida Ave.
IX. All construction demolition materials shall be recycled according to the City’s Construction and Demolition recycling program and an approved Waste Management Plan shall be submitted.
X. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
Sewer Conditions:
XI. The Applicant shall pay in full the one-time Sewer Capacity Fee of $4500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit issuance. The EDU assignment is determined by SBMC 14.08.060.
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a. Pay in full the prorated portion of the current annual sewer charge for the remainder of the fiscal year.
b. A Sewer Permit and Encroachment Permit are required for the private sewer lateral. The Applicant shall coordinate with the Public Works inspector to allow the inspector to inspect the entire length of the private sewer lines within the public right of way before backfilling.
Sewer Main Extension
XII. Obtain a Public Improvement Permit and extend the public sewer main from its current location in Ida Ave to a location adjacent to this property. At the end of the extension install a manhole. Submit an Improvement Plan prepared by a registered civil engineer and obtain approval from the City Engineer. The design and construction of all improvements shall be in conformance with standard plans, the OffStreet Parking Design Manual, any specifications of the City of Solana Beach and subject to the approval of the City Engineer. Conditions for approval of the Improvement Plan shall include, but is not limited to, the following:
a. Pay the public improvement plan check fee in accordance with the current Engineering Fee Schedule prior to approval of the improvement plan.
b. Improvement inspection fee shall be paid prior to the issuance of an Improvement Permit.
c. Obtain and submit securities to guarantee the improvements in a form prescribed by the City of Solana Beach.
Grading Conditions
XIII. The Applicant shall obtain a Grading Permit in accordance with Chapter 15.40 of the Solana Beach Municipal Code. Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
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c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to Final Inspection of the Building Permit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer Resolution 2022-088
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of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional Standard
Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. Prior to obtaining a building permit, submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC
15.40.230E.
n. No increased cross lot drainage shall be allowed.
I. ENFORCEMENT
Pursuant to SBMC 17.72.120(B) failure to satisfy any and all of the abovementioned conditions of approval is subject to the imposition of penalties as set forth in SBMC Chapters 1.1.6 and 1.18 in addition to any applicable revocation proceedings.
II. EXPIRATION
The Development Review Permit and Structure Development Permit for the project will expire 24 months from the date of this Resolution, unless the Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
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III. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Solana Beach, California, held on the 13th day of July, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Ida Avenue Apartments
Exemplary Site Planning
1/3/20
Background
The project proposes 8 apartment units where the base density allows for only 7. The Medium High Residential Zone (MHR) allows for 8-12 units per net acre. The net size of the project site is 39,959 square feet, which is equal to .92 acres. The site area is just marginally under the one acre requirement where as many as 12 units are allowed.
After an adjustment for sensitive lands, the site still allows for 7 to 10 units. We are only proposing 8 units which is moderate when compared to 10 units allowed.
While the property’s allowable Floor Area Ratio is .75, our project proposes only a .40 FAR, indicating that a much larger development than the one proposed is possible on the site. This data illustrates that the proposal of an additional (8th) unit does not represent an overdevelopment of the site.
We offer the following as justification for the additional unit:
Exemplary Site Planning
While the design quality of a project is subjective, here are some features we think makes this a superior project:
§ Off street parking is hidden from view. All 8 units are provided with underground parking, shielding the view of parked vehicles from the street. § The setbacks for the site were revised from 25 feet (standard front and rear yards for MHRd zone) to a 20’ front yard and 15’ rear yard due to the narrow configuration of the lot. However, the developer chose not to utilize that advantage. The project generally maintains the former 25 foot setback for front and rear yards in order to maximize landscape and open space on the site. § 542 linear feet of concrete sidewalk, curb, and rolled gutter will be installed as part of the project along the western edge of the site (Ida Avenue), providing greater safety, storm water control, and access to the site. § Though not required by the zoning standards, two additional off-street guest parking spaces have been provided. Two guest parking spaces are 426 ANDREW AVENUE
ENCINITAS, CALIFORNIA 92024
TEL 760/942/8287
FAX 760/942/1415
[email protected]
CHERESK IN ARCHITECTURE ··································--···················································· DE SIG llf PLA I ti G/1 IHE RI ORS
Ida Avenue – Exemplary Site Planning Page 2
provided in the subterranean parking garage, and two additional guest parking spaces have been added to the project adjacent to the playground for a total of (4) guest spaces.
§ The project considers scenic views and scale of development. For example, the development proposes two buildings, separated by over 34 feet rather than one longer continuous structure. Space between the buildings allows greater opportunity for sight, air and sun to surround and permeate the development.
Adhering to natural grade, the building height does not exceed 25 feet, while the parking is fully buried.
§ As each unit is afforded outdoor space, the design promotes an outdoor lifestyle.
Its location allows for a walkable and bikable community that is within reach of local businesses. The new sidewalk proposed along Ida Avenue will further pedestrian activity.
§ The project offers comfortable and convenient apartment living. Two of the units are handicap accessible, with an elevator to convey people from the subterranean parking level to their first floor entries. A pedestrian ramp is proposed to allow access from the sidewalk. Because of the varying lot width, each unit is unique.
Units vary in size from 1,557 to 2,030 square feet which places them in a convenient range of being not too big and not too small. Each unit has three bedrooms, three full baths, and laundry facilities. Conceived as an extension of the interior, outdoor spaces include shaded patios and second floor terraces for each unit.
§ A CMU sound attenuation wall is proposed at the rear property line. This wall will assist in the reduction of noise emanating from the freeway, both to the residents of the proposed apartments and to the surrounding neighborhood. The wall’s location and height has been coordinated with Cal Trans. § The project includes the construction of a neighborhood playground.
Public Facility Availability
§ Grocery Stores (Whole Foods, Gelson’s and VONS) and convenience markets are all within walking and biking distance. Flower Hill and Del Mar Shopping Centers are close by on Via de la Valle. Lomas Santa Fe Plaza is also within walking distance. Many restaurants are located nearby including Eden Garden’s Little Mexico district featuring Fidel’s and Tony Jacal. The Del Mar Fair Grounds and racetrack are within walking distance. Gas stations and public storage facilities are in the neighborhood.
§ Schools are close by. Skyline Elementary, Earl Warren Middle School and Santa Fe Christian schools are within walking distance.
Ida Avenue – Exemplary Site Planning Page 3
Availability of Public Transportation
§ The NCTD Breeze bus line 308 travels down via de la Valle, which is within walking distance of the site. Line 308 stops at the Solana Beach Town Center where more amenities are available such as Dixie Line, Discount Tire, and other specialty retail stores. Line 308 continues on to the Solana Beach Train Station where passengers can access the Cedros Shopping District, transfer to Bus 101 which travels locally up and down the coast, or ride the AMTRACK/COASTER corridor to reach other far-reaching destinations.
Proximity to Public Recreation
§ La Colonia County Park and the Solana Beach Parks and Recreation Department are within walking and biking distance of the site. The beach is a bike ride or bus ride away. As stated earlier, the Del Mar Fair Grounds and racetrack are within walking distance of the site. San Dieguito County Park, Lomas Santa Fe Country Club, and Lomas Santa Fe Executive golf course are within biking distance.
Community Amenities Provided by the Developer
§ A new playground is proposed for the north end of the site. The playground will be accessible to the entire neighborhood and is within walking distance of all households between Ida and Valley Avenues.
Regional Housing Obligations
§ While we are not aware of specific housing obligations of the City of Solana Beach, we know there is an overall housing shortage. The recent Granny Flat ordinance is indicative of the need for housing. The 8th unit that this project proposes can help the City in meeting the community’s need for available housing while not overdeveloping the site, as pointed out above in the F.A.R. data.
CC Resolution No. 2022-xx – Exhibit X
Ida Avenue Apartments Project
MITIGATION MONITORING AND REPORTING PROGRAM
(SCH #2022060093)
July 2022
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Mitigation Monitoring and Reporting Program
Ida Avenue Apartments Project
Solana Beach, California
State Clearinghouse (SCH) No. 2022060093
Case No. : xxxx
Lead Agency:
City of Solana Beach
Community Planning Department
635 South Highway 101
Solana Beach, California 92075
Preparers:
Michael Baker International
5050 Avenida Encinas, Suite 260
Carlsbad, California 92008
Summit Environmental Group, Inc.
Carlsbad, California 92009
July 2022
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City Council Resolution 2022-xx, Exhibit X
Ida Avenue Apartments Project Page | 1
Mitigation Monitoring and Reporting Program
I. INTRODUCTION
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Ida Avenue Apartments Project (proposed project). An MMRP is required for the proposed project because the Mitigated Negative Declaration (MND) prepared for the project has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.”
II. MITIGATION MONITORING AND REPORTING PROGRAM
As the lead agency, the City of Solana Beach (City) will be responsible for monitoring compliance with all mitigation measures. Different City departments may be responsible for various aspects of the project. The MMRP identifies the department with the responsibility for ensuring that each individual mitigation measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure such compliance.
The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below.
• Potential Significant Impact: The significance threshold is restated to describe the potentially significant impact.
• Mitigation Measure: The mitigation measures to be adopted (as identified in the EIR) are restated.
• Timeframe of Mitigation: Identifies at which stage of the project the mitigation measure shall be completed.
• Monitoring, Enforcement, and Reporting Responsibility: Identifies the department within the City with responsibility for mitigation monitoring.
City Council Resolution 2022-xx, Exhibit X
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Mitigation Monitoring and Reporting Program
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City Council Resolution 2022-xx, Exhibit X
Ida Avenue Apartments Project Page | 3
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
CC Resolution No. 2022-xx – Exhibit X
Mitigation Measure Timeframe of Mitigation
Monitoring, Enforcement,
and Reporting Responsibility
Biological Resources
BIO-1 Compliance with Migratory Bird Treaty Act. If construction activities (e.g., staging, site preparation, grading) commence during the breeding season (January 1 through July 31 for raptors and March 1 through September 15 for songbirds), a preconstruction nesting bird survey shall be conducted by a qualified biologist. The survey shall be performed within three days prior to the commencement of construction activities. Surveys shall include the construction area plus a 500-foot buffer. Survey findings would be documented prior to initiating any construction activities.
If no nesting birds are observed during the survey, implementation of project activities may begin. If nesting birds (including nesting raptors) are found to be present, avoidance or minimization measures shall be undertaken. Measures shall include establishment of an avoidance buffer until nesting has been completed. The width of the buffer will be determined by the qualified biologist based on California Department of Fish and Wildlife recommendations. The qualified biologist shall determine the appropriate buffer size and level of nest monitoring necessary for species not listed under the federal or California Endangered Species Acts based on the species’ life history, the species’ sensitivity to disturbances (e.g., noise, vibration, human activity), individual behavior, status of nest, location of nest and site conditions, presence of screening vegetation, anticipated project activities, ambient noise levels compared to project-related noise levels, existing non-project-related disturbances in the vicinity, and ambient levels of human activity.
Buffers shall be marked (flagged or fenced with environmentally sensitive area fencing) around any active nests and periodic monitoring by the qualified biologist will occur to ensure the project does not result in the failure of the nest. The buffer(s) shall be maintained around each nest until the nest becomes inactive as determined by the qualified biologist. At the discretion of the qualified biologist, if a nesting bird appears to be stressed as a result of project activities and the buffer does not appear to provide adequate protection, additional minimization measures may need to be implemented.
Construction may continue outside of the no-work buffers. The qualified biologist shall ensure that restricted activities occur outside of the delineated buffers, check nesting birds for any potential indications of stress, and ensure that installed fencing or flagging is properly Prior to commencement
of and during project
construction
City of Solana Beach
Community Development
Department
I
City Council Resolution 2022-xx, Exhibit X
4 | Page Ida Avenue Apartments Project
Mitigation Monitoring and Reporting Program
Mitigation Measure Timeframe of Mitigation
Monitoring, Enforcement,
and Reporting Responsibility
maintained during nest monitoring and any additional site visits. Buffer sizes may be adjusted (either increased or reduced), or the extent of nest monitoring may be adjusted, at the discretion of the qualified biologist based on the conditions of the surrounding area and/or the behavior of the nesting bird.
Any changes to buffer sizes and/or nest monitoring frequency shall be documented. If listed species are found to be nesting in the survey area, construction activity shall not occur without coordination with regulating agencies and may require an agency-approved bird management plan.
Cultural Resources
CUL-1 Cultural Resources Monitoring Program. A Cultural Resource Mitigation Monitoring Program shall be conducted to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full-time presence of a qualified archaeologist and a traditionally and culturally affiliated (TCA) Native American monitor (Kumeyaay) shall be retained to monitor ground-disturbing activities associated with project construction, including vegetation removal, clearing, grading, trenching, excavation, or other activities that may disturb original (pre-project) ground, including the placement of fill materials.
• The requirement for cultural resource mitigation monitoring shall be noted on all applicable construction documents, including grading plans. • The qualified archaeologist and TCA Native American monitor shall attend all applicable preconstruction meetings with the contractor and/or associated subcontractors.
• The qualified archaeologist shall maintain ongoing collaborative consultation with the TCA Native American monitor during all ground-disturbing or altering activities, as identified above.
• The qualified archaeologist and/or TCA Native American monitor may halt grounddisturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the qualified archaeologist and the TCA Prior to commencement
of and during project
construction
City of Solana Beach
Community Development
Department
City Council Resolution 2022-xx, Exhibit X
Ida Avenue Apartments Project Page | 5
Mitigation Monitoring and Reporting Program
Mitigation Measure Timeframe of Mitigation
Monitoring, Enforcement,
and Reporting Responsibility
Native American monitor, in consultation with the Kumeyaay affiliated tribes.
Ground-disturbing activities shall not resume until the qualified archaeologist, in consultation with the TCA Native American monitor, deems that the cultural resource or feature has been appropriately documented and/or protected. At the qualified archaeologist’s discretion, the location of ground-disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources.
• The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under CEQA. If a data recovery is required, then the Kumeyaay affiliated tribes shall be notified and consulted in drafting and finalizing any such recovery plan.
• The qualified archaeologist and/or TCA Native American monitor may also halt ground-disturbing activities around known archaeological artifact deposits or cultural features if, in their respective opinions, there is the possibility that they could be damaged or destroyed.
• The landowner shall relinquish ownership of all tribal cultural resources collected during the cultural resource mitigation monitoring conducted during all grounddisturbing activities, and from any previous archaeological studies or excavations on the project site, to the Kumeyaay affiliated tribes for respectful and dignified treatment and disposition, including reburial, in accordance with the tribe’s cultural and spiritual traditions. All cultural materials that are associated with burial and/or funerary goods will be repatriated to the most likely descendant as determined by the Native American Heritage Commission per California Public Resources Code Section 5097.98.
CUL-2 Prepare Monitoring Report and/or Evaluation Report. Prior to the release of the grading bond, a monitoring report and/or evaluation report, which describes the results, analysis, and conclusions of the cultural resource mitigation monitoring efforts (such as, but not limited to, the Research Design and Data Recovery Program), shall be submitted by the qualified archaeologist, along with the TCA Native American monitor’s notes and comments, to the City’s Community Development Director for approval.
City Council Resolution 2022-xx, Exhibit X
6 | Page Ida Avenue Apartments Project
Mitigation Monitoring and Reporting Program
Mitigation Measure Timeframe of Mitigation
Monitoring, Enforcement,
and Reporting Responsibility
CUL-3 Identification of Human Remains. As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone.
No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the qualified archaeologist and/or the TCA Native American monitor) shall occur until the coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the qualified archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by state law, the coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determination as to the most likely descendent. If Native American remains are discovered, the remains shall be kept in situ (“in place”), or in a secure location in close proximity to where they were found, and the analysis of the remains shall only occur on-site in the presence of the TCA Native American monitor.
Geology and Soils
GEO-1 During project excavation/grading operations, if paleontological resources are encountered, all work shall be halted or redirected and the City of Solana Community Development Department shall be notified in writing within 24 hours of identification. Said work shall be halted or redirected until a qualified paleontologist can evaluate the significance of the discovery. If the project paleontologist determines that the discovery represents a potentially significant paleontological resource, proper measures shall be identified for the documentation, recovery, and/or preservation of such resources, as appropriate.
During project
excavation and grading
City of Solana Beach
Community Development
Department
City Council Resolution 2022-xx, Exhibit X
Ida Avenue Apartments Project Page | 7
Mitigation Monitoring and Reporting Program
Mitigation Measure Timeframe of Mitigation
Monitoring, Enforcement,
and Reporting Responsibility
Noise
NOI-1 Prior to and during project grading or construction, the following measures shall be implemented to demonstrate that noise levels do not exceed a 75 dBA level:
• Administrative controls (e.g., reduce operating time of equipment and/or prohibit usage of equipment type[s] within certain distances).
• Engineering controls (upgrade noise controls, such as install better engine exhaust mufflers).
• Install noise abatement on the site boundary fencing (or within, as practical and appropriate) in the form of sound blankets or comparable temporary barriers to occlude construction noise emission between the site (or specific equipment operation as the situation may define) and the noise-sensitive receptor(s) of concern. • At the commencement of and during project grading, a noise monitor shall be on-site to ensure that noise levels at adjacent sensitive receptors are in conformance with the 75 dBA threshold.
Prior to and during
grading or construction
City of Solana Beach
Community Development
Department
Tribal Cultural Resources
Implement mitigation measures CUL-1 to CUL-3. Prior to commencement of and during project
construction
City of Solana Beach
Community Development
Department
City Council Resolution 2022-xx, Exhibit X
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Mitigation Monitoring and Reporting Program
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NOTICE OF INTENT
TO ADOPT A MITIGATED NEGATIVE DECLARATION
FOR THE PROPOSED IDA AVENUE APARTMENTS PROJECT
IN THE CITY OF SOLANA BEACH
Pursuant to the requirements the California Environmental Quality Act (CEQA) Guidelines §15072, Notice Is Hereby Given that the City of Solana Beach (City) has prepared an Initial Study/Mitigated Negative Declaration (IS/MND), for the Ida Avenue Apartments Project (“proposed project”).
Proposed Project Location and Summary
The City is processing an application for a Development Review Permit (DRP) and Structure Development Permit (SDP), applied for by KNN Management, LLC, (1280 Hoover Street, Carlsbad, CA 92008) to construct an eight-unit for-lease residential apartment complex on a 1.44-acre property (Assessor Parcel Number 298-162-37). The property is currently vacant and is bordered by Ida Avenue to the west and Interstate 5 (I-5) to the east. A chain-link fence runs north/south and separates the eastern side (off-site) from the western side (on-site) of the property.
The project proposes to construct one six-unit apartment building (Building #1) and one two-unit apartment building (Building #2) on the project site. Each building would be constructed with two levels above-grade, and a subterranean (underground) parking garage. A total of 15,888 square feet (SF) (including covered and enclosed patio areas) would be provided with the eight apartment units, which would range in size from approximately 1,832 SF to 2,093 SF. The project would also provide approximately 3,044 SF of common open space for use by project residents. As part of the overall development, the California Department of Transportation (Caltrans) would acquire approximately 1,055 SF of the project site to support the ultimate buildout width of I-5 adjacent to the eastern side of the property. The project applicant would also be required to dedicate an additional 874 SF to Caltrans for I-5 right-of-way.
Review Period and Access to Project Materials
The 30-day public review period is from June 3, 2022 through July 5, 2022. Comments regarding the proposed IS/MND must be made in writing and received by the City by 5:00 p.m. on Tuesday, July 5, 2022.
Comments should be addressed to Katie Benson, Senior Planner, 635 South Highway 101, Solana Beach, CA 92075 or via e-mail at [email protected]. The City will hold a future public meeting to consider adoption of the IS/MND and project approval at a later date.
A copy of the IS/MND may be reviewed on the City’s website at https://www.ci.solana-beach.ca.us. A hard copy and supporting documents are also on-file and may be reviewed at the City of Solana Beach Community Development Department, 635 South Highway 101, Solana Beach, CA 92075 from 7:30 a.m. - 5:00 p.m. Monday through Friday (closed every other Friday).
Release Date: June 3, 2022
were not]
was not]
_______________________________________
_________________________________________ _______________________________________ ___________________________________________________________________________________ Print Form
Notice of Determination Appendix D
To: From:
Office of Planning and Research Public Agency: ___________________________ U.S. Mail: Address: ________________________________
P.O. Box 3044
Sacramento, CA 95812-3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
_______________________________________
Contact: _________________________________
Phone: __________________________________
County Clerk Lead Agency (if different from above): County of: _________________________________ Address: __________________________________ Address: ________________________________ Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county):_________________________________________________________ Project Description:
This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)
described project.
1. The project [ will will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [ were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.
5. A statement of Overriding Considerations [ was adopted for this project.
6. Findings [ were were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:
Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.
Reference Section 21000-21174, Public Resources Code. Revised 2011 San Diego County, CA
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CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.1.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Engineering Department
SUBJECT: Revised Design Options for the Tot Lots at La Colonia Park and Fletcher Cove Park and Consideration of
Resolution 2022-094 Authorizing the City Manager to
Amend a Professional Services Agreement with Van
Dyke Landscape Architects for Potential Changes to the
Play Area and Features at the La Colonia Park Tot Lot
BACKGROUND:
The City’s Tot Lots at La Colonia and Fletcher Cove Parks require constant maintenance and repairs to meet the needs and expectations of the community. Due to outdated equipment, coastal environment impacts and high usage, replacement of the existing equipment has now become necessary, as these playgrounds are important elements of the public’s recreational experience at both park locations.
The Fletcher Cove Tot Lot was installed in 2007 as part of construction of the new park and endures a high level of coastal weather elements and significant daily usage. The current play structure in the La Colonia Tot Lot was installed in 2000 and also experiences very high daily use and, though to a lesser degree than Fletcher Cove, also suffers degradation from the coastal environment.
On May 4, 2022, a Community Workshop was held as part of a Special Council Meeting to discuss the progress to date on the La Colonia Park and Fletcher Cove Tot Lots Project (Project) and to obtain additional feedback from the community and City Council on the design features selected for the new Tot Lots.
This item is before the City Council to discuss the playground features for the Project and for the possible consideration of Resolution 2022-094 (Attachment 1) that would authorize the City Manager to execute an amendment to the Professional Services Agreement with July 13, 2022
LC & FC Tot Lots – Update on Revised Project Features
Van Dyke Landscape Architects for additional design and engineering fees associated with the reconfiguration of the La Colonia Tot Lot.
DISCUSSION:
Since the PSA with Van Dyke Landscape Architects (VDLA) was executed in March 2021, VDLA has been working on the preliminary design of the Tot Lots at La Colonia Park and Fletcher Cove Park. After background information was established, a community questionnaire was sent out in July 2021 to solicit feedback and input on the general features desired for each Tot Lot. A virtual community workshop was then held on September 1, 2021, to present the results of the questionnaire and solicit additional feedback on features desired at each Tot Lot.
Following the community workshop, VDLA created conceptual designs for each of the Tot Lots. The conceptual designs were reviewed by City Staff and the Parks and Recreation City Council Subcommittee. The results of the conceptual design work and subsequent revisions were presented during a Special City Council Meeting/Community Workshop No. 2 on May 4, 2022.
Update of La Colonia Tot Lot
The primary purpose of the joint Council Meeting/Community Workshop No. 2 was for the City Council to receive public input and provide additional feedback and direction on the preliminary designs of the La Colonia and Fletcher Cove Tot Lots. One consistent comment throughout the Council Meeting and from previous feedback received was the desire to maximize the number of swings provided. Due to space limitations, only two swings can be provided at the Fletcher Cove Tot Lot. At the La Colonia Tot Lot, four swings could be provided if the drainage swale to the south of the existing Tot Lot was relocated approximately four feet to the south. As shown on Attachment 2, in order to provide four swings (two bucket swings and two belt swings) at the La Colonia Tot Lot, one picnic table may need to be eliminated, the preschool structure would be moved, the existing drainage swale would be relocated, and a retaining wall with decorative safety fence would have to be constructed to account for the grade break between the new Tot Lot features and the relocated drainage swale.
If the decision is made to provide four swings at the La Colonia Tot Lot, extra costs would be incurred for the design of the relocated drainage swale and retaining wall between the swale and playground equipment. The additional design costs associated with relocation of the drainage swale and retaining wall is approximately $12,000. Attachment 1 to this Staff Report is Resolution 2002-094 that would approve an amendment to the PSA with VDLA for these additional design costs. Resolution 2022-094 would only be considered if the four swings are to be provided at the La Colonia Tot Lot. It is important to mention that if this option is selected, the construction cost would also be increased by approximately $80,000 to accommodate the cost of relocating the existing drainage swale, cost for additional retaining walls, safety fencing, grading, landscaping, and irrigation.
July 13, 2022
LC & FC Tot Lots – Update on Revised Project Features
Update on Fletcher Cove Tot Lot
Since the Special City Council Meeting/Community Workshop No. 2 on May 4, 2022, the City received several comments expressing concern that the proposed design of the Fletcher Cove Tot Lot might not be suitable for very young children. In response to these comments, the play equipment at Fletcher Cove has been augmented to provide some elements that appeal to very young children while continuing to provide the broadest possible variety of play options for children of different ages within the available space.
It should be noted that during the outreach and engagement process done through the first workshop and questionnaires, the City received numerous comments that the existing Fletcher Cove Tot Lot was primarily designed for very young children and is less appealing to older children. The design shown at the last workshop was specifically designed to provide the broadest possible variety of play options for children of a wider range of ages. It was also designed within the available – but limited – space of the existing Tot Lot primarily due to expanded “fall zones” under which Tot Lots must be designed.
To accommodate the request for more play equipment for younger children, ageappropriate elements for 2-5 year-old children have been included, such as a tot-sized ‘clubhouse’ and sensory/activity panels with rotating tiles, high contrast sections, and color blocks (see Attachment 3). These elements would be partially bounded and grouped together to reduce mixing of age groups and to facilitate supervision. Additionally, elements of the larger play structure such as the disc net and boogie board can be used in different ways depending on the age of the child and offer increasing challenges and ongoing interest as a child develops greater skill. Finally, as currently designed, the slide can be accessed both through the play structure itself and by a separate ladder outside of the structure.
Staff and VDLA will present the design options at the July 13th Council Meeting as discussed above.
CEQA COMPLIANCE STATEMENT:
Construction of new tot lots at La Colonia Park and Fletcher Cove Park are exempt pursuant to Section 15301(a) of the State CEQA Guidelines.
FISCAL IMPACT:
The Fiscal Year (FY) 2022/23 (CIP) budget appropriated $375,000 for design/construction of the Fletcher Cove Tot Lot and $436,000 for design/construction of the La Colonia Tot Lot. These amounts do not include the $161,628 that has already been appropriated for the design of the two Tot Lots. As previously reported, the City has been awarded a Proposition 68 California State Parks grant for the improvements to the La Colonia Park tot Lot in the amount of $186,471. This amount is included in the design/construction funding stated above.
July 13, 2022
LC & FC Tot Lots – Update on Revised Project Features
The PSA with VDLA is currently for an amount not to exceed $161,628. The proposed amendment has been negotiated that would increase the contract amount by $12,000. If approved by Council, the PSA would be for a revised amount not to exceed $173,628.
WORK PLAN:
This project is consistent with portions of Items B.2 (La Colonia Park Improvements) and B.8 (Fletcher Cove Park and Community Center Maintenance) of the Community Character Priorities of the FY 2022/23 Work Plan.
OPTIONS:
• Approve Staff recommendation if the decision is made to move forward with the four-swing option at the La Colonia Tot Lot.
• Approve Staff recommendation with modifications.
• Provide direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council:
1. Receive this report and provide direction on the design alternatives for the new Tot Lots at La Colonia Park and Fletcher Cove Park.
2. Consider adoption of Resolution 2022-094 authorizing the City Manager to amend the Professional Services Agreement with Van Dyke Landscape Architects, for a new total amount not to exceed $173,628, for the design of the relocated drainage swale and the retaining wall between the swale and playground equipment at the La Colonia Tot Lot.
CITY MANAGER RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-094
2. La Colonia Tot Lot revised design
3. Fletcher Cove Tot Lot revised design
ATTACHMENT 1
RESOLUTION 2022-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH VAN DYKE LANDSCAPE
ARCHITECTS, FOR A NEW TOTAL AMOUNT NOT TO
EXCEED $173,628, FOR THE DESIGN OF THE
RELOCATED DRAINAGE SWALE AND THE RETAINING
WALL BETWEEN THE SWALE AND PLAYGROUND
EQUIPMENT AT THE LA COLONIA TOT LOT
WHEREAS, the City’s Tot Lots at La Colonia and Fletcher Cove Parks require constant maintenance and repairs to meet the needs and expectations of the community.
Due to outdated equipment, coastal environment and high usage, replacement of the existing equipment has now become necessary, as these playgrounds are important elements of the public’s recreational experience at both park locations; and WHEREAS, on March 24, 2021, the City Council authorized the City Manager to execute a Professional Service Agreement (PSA) with Van Dyke Landscape Architects (VDLA) for preparation of construction level plans, specifications, and cost estimates for the design of a new Tot Lot at La Colonia Park and design of new playground equipment at Fletcher Cove Park; and
WHEREAS, on May 4, 2022, a Community Workshop was held as part of a Special Council Meeting to discuss the progress to date on the project and obtain feedback from the community and City Council on the design features preliminarily selected for the new Tot Lots; and
WHEREAS, one consistent comment throughout the Council Meeting and previous feedback received was the desire to maximize the number of swings provided.
Due to space limitations, only two swings can be provided at the Fletcher Cove Tot Lot.
At the La Colonia Tot Lot, four swings could be provided if the drainage swale to the south of the existing Tot Lot was relocated approximately four feet south; and WHEREAS, if the decision is made to provide four swings at the La Colonia Tot Lot, extra costs would be incurred for the design of the relocated drainage swale and retaining wall between the swale and playground equipment. The additional design costs associated with relocation of the drainage swale and retaining wall is approximately $12,000.
Resolution 2022-094
La Colonia & FC Tot Lots – Amend PSA with VDLA
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the above recitations are true and correct
2. That the City Council authorizes the City Manager to amend the Professional Services Agreement with Van Dyke Landscape Architects, for a new total amount not to exceed $173,628, for the design of the relocated drainage swale and the retaining wall between the swale and playground equipment at the La Colonia Tot Lot.
PASSED AND ADOPTED this 13th day of July 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk La Colonia Tot Lot – Addt’l Elements
with Swale As-Is
Red lines indicate Required
equipment fall zones 9
School Aged
Structures
Preschool Structure Climbing
Boulder
Disc Swing
Climbing
Rocks
Tug Rope
T-Swing
(1 Bucket, 1 Belt)
2 Picnic Table
Existing Swale
Unchanged
La Colonia Tot Lot – Addt’l Elements
with Swale Relocation
Red lines indicate Required
equipment fall zones 10
School Aged
Structures
Preschool
Structure
Disc Swing
Climbing
Rocks
Tug Rope
Swings
(2 Bucket, 2 Belt)
1 Picnic Table
Retaining wall with
decorative fence
Relocate existing swale
Climbing
Boulder
Fletcher Cove Tot Lot
Added Equipment
15 School Aged
Area
Preschool
Area
Slide
Monkey
Bars
Swings
Tunnel
Clubhouse with Panels
Sensory/Activity Panels
Existing Seat Wall
Existing Seat Walls
Boogie Board
Disc net Climber
Shade Umbrella,
30’ Diameter
Existing Seat Wall
Red lines indicate required
equipment fall zones
)
\ --......... \ ........ , ... _ -............. ...J/ -- ------
LANDSCAPE
ARCHITECTS
Equipment Imagery
Clubhouse
(Ages 2-5)
16 Sensory/Activity Panels
(Ages 6 months -5 years)
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.2.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-092 for the Possible Installation of Stop Signs on Nardo Avenue at
Fresca Street
BACKGROUND:
The residents along Nardo Avenue have expressed concerns about traffic safety along Nardo Avenue between Nardito Lane and Stevens Avenue. City Staff, in collaboration with H.G. Fenton, the applicant for the Solana Highlands Renovation Project located along the south side of Nardo Avenue, developed a series of traffic calming measures in response to the community’s concerns as part of the project’s approval process.
However, these proposed traffic calming measures do not include the installation of stop signs on Nardo Avenue at Fresca Street.
This item is presented to the City Council to consider the installation of stop signs on Nardo Avenue at Fresca Street. If it is decided that stop signs are appropriate on Nardo Avenue at this intersection, authorization would be obtained through Council’s approval of Resolution 2022-092 (Attachment 1).
DISCUSSION:
During discussion of the Fiscal Year 2022/23 Work Plan, the City Council directed the City Manager to investigate the possibility of placing stop signs on Nardo Avenue at the intersection of Fresca Street. Currently there is a stop sign on southbound Fresca Street approaching Nardo Avenue. Additional stop signs on Nardo Avenue would make the intersection a multi-way stop control (MWSC), which requires a professional warrant analysis consistent with Section 2B.07 of the California Manual for Uniform Traffic Control Devices (CA MUTCD) to be performed.
July 13, 2022
Consideration of Multi-Way Stop Control at Nardo/Fresca Intersection
Staff engaged the professional services of one of the City’s on-call traffic engineering consultants, CR Associates (CRA), formerly known as Chen Ryan Associates, to perform an official stop sign warrant analysis. In June 2022, CRA performed a speed survey and traffic counts in the vicinity of the subject intersection consistent with the provisions identified in the CA MUTCD for vehicles and pedestrians. Several safety criteria were evaluated including the measured traffic volumes and the prevailing vehicle speeds along Nardo Avenue. While the numeric criteria for new stop signs were not satisfied, the City’s on-call Traffic Engineer made the finding for a MWSC at the intersection of Nardo and Fresca consistent with option D in Section 2B.07 of the CA MUTCD which states:
“Option D: An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection”.
This finding is further validated by the upcoming Solana Highlands Project, which would increase the pedestrian, bicycle, and vehicular activity in the area. In the opinion of the City’s Traffic Engineer, a MWSC would improve traffic operational characteristics of the intersection.
If the City Council is inclined to direct Staff to install and maintain a MWSC at the intersection of Nardo Avenue and Fresca Street, it is recommended that the City Council approve Resolution 2022-092. If approved, the stop signs and all required advanced warning signs and pavement legends may be implemented using the contingency amount built into the 2021/22 Citywide Pavement Rehabilitation project that is currently under construction in the City.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
The cost of performing the traffic signal warrant analysis was approximately $5,000 which was appropriated in the FY 2021/22 budget as part of the Professional Services Agreement with CRA. The cost of the installation of stop signs and other miscellaneous warning signs and pavement legends, if approved, is estimated at approximately $3,000.
Funding for this proposed works would be taken from the contingency amount built into the 2021/22 City-Wide Pavement Rehabilitation project.
WORK PLAN:
Assess stop sign installation at Nardo/Fresca intersection was listed as a Key Task in Priority Item 4. Miscellaneous Traffic Calming Projects in the Community Character Priorities – Capital Projects section of the FY 2022/23 Work Plan.
July 13, 2022
Consideration of Multi-Way Stop Control at Nardo/Fresca Intersection
OPTIONS:
• Direct Staff to install stop signs in both directions along Nardo Avenue at the intersection with Fresca Street including all required striping, advanced signing, and pavement legends as recommended by the City Engineer. • Do not direct Staff to install stop signs in both directions along Nardo Avenue at the intersection with Fresca Street including all required striping, advanced signing, and pavement legends as recommended by the City Engineer. • Provide direction / feedback
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2022-92 authorizing the City Manager to install and maintain a Multi-Way Stop Control at the intersection of Nardo Avenue and Fresca Street.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-092
ATTACHMENT 1
RESOLUTION 2022-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO INSTALL AND MAINTAIN MULTI-WAY
STOP CONTROL AT THE INTERSECTION OF NARDO
AVENUE AND FRESCA STREET
WHEREAS, the residents along Nardo Avenue have expressed concerns about traffic safety along Nardo Avenue between Nardito Lane and Stevens Avenue; and WHEREAS, City Staff, in collaboration with H.G. Fenton, the applicant for the Solana Highlands Renovation Project located along the south side of Nardo Avenue, developed a series of traffic calming measures in response to the community’s concerns; and
WHEREAS, Staff engaged the professional services of one of the City’s on-call traffic engineering consultants, CR Associates (CRA), formerly known as Chen Ryan Associates, to perform an official stop sign warrant analysis. While the numeric criteria for new stop signs were not satisfied, the City’s on-call traffic engineer was able to make the finding for a MWSC at the intersection of Nardo and Fresca based on alternative options consistent with Option D in Section 2B.07 of the California Manual for Uniform Traffic Control Devices (CA MUTCD). This finding is further validated by the upcoming Solana Highlands Project, which would increase the pedestrian, bicycle, and vehicular activity in the area. A MWSC would improve traffic operational characteristics of the intersection.
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the above recitations are true and correct
Resolution No. 2022-092
Multi-Way Stop Control at Nardo/Fresca Intersection
2. That the City Council authorizes the City Manager to install and maintain a Multi-Way Stop Control at the intersection of Nardo Avenue and Fresca Street.
PASSED AND ADOPTED this 13th day of July 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.3.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: City Manager’s Office
SUBJECT: City Council Consideration of Ordinance 526 and Resolution 2022-093 Placing a Locally Controlled Street and Infrastructure Maintenance, Crime Prevention, Emergency Response and
Traffic Management One-Cent General Sales Tax Measure
(Transactions And Use Tax) to Maintain and Help Improve the Quality of City Services on the November 8, 2022 General Municipal Election Ballot for Voter Consideration
BACKGROUND:
Over the past decade, the City of Solana Beach’s revenues have not kept pace with the growing costs associated with providing municipal services and facilities. Although the City has been proactive in responding to this challenge by reducing its costs, deferring maintenance projects, cutting back on basic services where feasible, and through effective financial management practices, the practical reality is that existing revenues will not support the high quality services that residents have come to expect on an ongoing basis.
This agenda item is before Council to place a locally controlled street and infrastructure maintenance, crime prevention, emergency response and traffic management one-cent general sales tax measure (transactions and use tax) before the voters of Solana Beach at the November 8, 2022 to maintain and help improve the quality of City services.
DISCUSSION:
Over 95% of residents highly value the quality of life here in Solana Beach. In order to continue to provide the level of service residents expect and deserve, as part of this year’s budget process, the City conducted extensive community engagement efforts to make sure to reflect the City services and priorities that residents rely on the most. Through a community opinion survey, residents identified the following City service priorities:
• Maintaining local streets and repairing potholes
• Providing quick responses to 911 emergencies
• Providing fire protection and paramedic services
• Repairing and maintaining public buildings and infrastructure, including sidewalks, curbs and storm drains
• Keeping trash and pollution out of local waterways and off our beaches July 13, 2022
One-Cent General Sales Tax Measure
• Keeping neighborhoods, parks, beaches and public areas safe and clean • Making improvements to roads and intersections to better manage traffic congestion on streets
• Reducing property related crimes and theft
The survey results also indicate that Solana Beach voters have a high opinion of the quality of life in Solana Beach, the City’s performance in providing municipal services, and are interested in supporting a locally-controlled sales tax measure to help maintain and improve the quality of City services on an ongoing basis.
In an effort to provide a long-term solution to preserve the priority services mentioned above, Staff is recommending that Council submit a measure to the voters of Solana Beach in November of this year to establish a one-cent general transactions and use tax (local sales tax) in order to provide locally controlled funding for essential, necessary and appropriate general City services like those that have been identified through the community engagement process.
The measure would be as follows:
SOLANA BEACH STREETS/PARKS/BEACHES/SERVICES MEASURE
To maintain and prevent cuts to City of Solana Beach services, such as:
maintaining streets, parks, beaches, infrastructure, storm drains; fire protection, paramedic and 911 emergency response; police patrols, crime prevention, traffic management, graffiti/ trash removal; addressing homelessness; and other city services, shall an ordinance establishing a 1¢ sales tax be adopted, providing approximately $3,000,000 annually for general city services until ended by voters, with independent audits and all money locally controlled? If approved by Council, the measure would appear on the November 2022 General Election ballot for voter approval. It proposes a general tax to provide funding for essential Solana Beach City services and requires a majority (50% plus one) of votes cast by Solana Beach’s qualified voters to approve the measure. Staff estimates that a new one-cent transactions and use tax would generate approximately $3,000,000 annually for the general fund. The local sales tax could be used for any general municipal purpose. This amount could maintain existing service levels and allow the City Council to make strategic investments in service priorities that have been identified through the community engagement process. It is important to remember that all funds received from this one-cent sales tax would be locally generated and therefore could not be taken away by the State in any future fiscal crisis.
In order for the measure to be considered a general tax measure, where a simple majority plus one vote is required for passage, the measure must be placed on the ballot coinciding with a general City Council election. The general election for City Council this year takes place on November 8, 2022.
Impartial Analysis and Ballot Arguments
Should the Council choose to place the measure on the November 2022 ballot, the City Attorney will need to prepare an impartial analysis showing the effect of the measure on the existing laws and the operation of the measure. The City Clerk will also need to establish a July 13, 2022
One-Cent General Sales Tax Measure
process and timeline for the submittal of ballot arguments, consistent with the requirements of State law and the County Registrar of Voters. These items are addressed in Resolution 2022- 093.
It should be noted that approval of the resolution and the ordinance to submit the general tax to the voters requires a 4/5 vote of the City Council to pass.
CEQA COMPLIANCE STATEMENT:
This activity is not a “project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
FISCAL IMPACT:
Biennial general municipal election costs are determined by the number of registered voters, the Registrar of Voter’s costs for services, and the City’s costs for its required publication notices, translations, etc. The cost to place the measure on the November ballot is estimated at $40,000 based on the last estimate from the County Registrar of Voters (which would be in addition to the costs for the election based on two candidates running for each of the two offices of approximately $50,000). Currently, the Fiscal Year 2022-23 Budget allocates $65,000 towards the General Election. If the Council chooses to place the sales tax measure on the ballot, Staff will bring the actual costs, when known, back to the City Council to appropriate the funds.
If the sales tax is approved by the voters, the tax is estimated to generate $3,000,000 annually in revenue for the general fund to maintain and help improve City services.
WORK PLAN:
The consideration of a potential sales tax measure is consistent with the Fiscal Sustainability section of the Work Plan and, if passed, will assist in completion of many of the priority projects included in the Work Plan.
OPTIONS:
• Approve Ordinance 526 and Resolution 2022-093.
• Provide direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that City Council:
1. Approve Ordinance 526, subject to voter approval, by way of introduction by title only with a waiver of the full reading; and
2. Adopt Resolution 2022-093 directing that a general transactions and use tax measure be placed on the November 8, 2022 General Election ballot; submitting the ballot text for the transactions and use tax measure to the voters at the election; authorizing the submittal of ballot arguments; directing the City Attorney to prepare an impartial analysis; and July 13, 2022
One-Cent General Sales Tax Measure
directing the City Clerk to establish requirements for filing primary and rebuttal arguments regarding the transactions and use tax measure.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Ordinance 526 (Exhibit A)
2. Resolution 2022-093
ATTACHMENT 1
ORDINANCE 526
AN ORDINANCE OF THE CITY OF SOLANA BEACH,
CALIFORNIA, ADDING A NEW CHAPTER 3.30 TO THE
SOLANA BEACH MUNICIPAL CODE ESTABLISHING AND
IMPOSING A ONE CENT GENERAL TRANSACTIONS AND
USE (SALES) TAX FOR LOCAL STREET AND
INFRASTRUCTURE MAINTENANCE, CRIME
PREVENTION, EMERGENCY RESPONSE, TRAFFIC
MANAGEMENT AND TO MAINTAIN AND HELP IMPROVE
THE QUALITY OF OTHER MUNICIPAL SERVICES TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION
WHEREAS, over 95% of residents highly value the quality of life here in Solana Beach; and
WHEREAS, over the past decade, the City of Solana Beach’s revenues have not kept pace with the growing costs associated with providing municipal services and facilities. Although the City has been proactive in responding to this challenge by reducing its costs, deferring maintenance projects, cutting back on basic services where feasible, and through effective financial management practices, the practical reality is that existing revenues will not support the high quality services that residents have come to expect on an ongoing basis; and
WHEREAS, in order to continue to provide the level of service residents expect and deserve, as part of this year’s budget process, the City conducted extensive community engagement efforts to make sure to reflect the City services and priorities that residents rely on the most; and
WHEREAS, City of Solana Beach should have local control over local funding to ensure residents receive the services they expect and deserve; and WHEREAS, if local road and infrastructure maintenance needs are not met now, they will be a lot more expensive to repair in the future; and WHEREAS, the City maintains over 46 miles of roads within Solana Beach, locally controlled funding would allow the City to keep up with basic repairs and maintenance to streets as well as sidewalks, storm drains and public facilities; and WHEREAS, residents recently prioritized City services including maintaining local streets and repairing potholes, storm drains, and other infrastructure, providing quick responses to 911 emergencies, fire protection and paramedic services, keeping trash and Ordinance 526
One-Cent General Sales Tax Measure
pollution out of local waterways and off our beaches, keeping neighborhoods, parks, and other public areas safe and clean, managing traffic congestion, reducing property related crimes and theft; and
WHEREAS, survey results also indicate that Solana Beach voters have a high opinion of the quality of life in Solana Beach, the City’s performance in providing municipal services, and are interested in supporting a locally-controlled sales tax measure to help maintain and improve the quality of City services on an ongoing basis; and WHEREAS, Revenue and Taxation Code Section 7285.9 authorizes the City Council for the City of Solana Beach to levy, increase or extend a general transactions and use tax if the ordinance proposing the tax is approved by a two-thirds vote of all members of the City Council, and the tax is approved by a simple majority (50%+1) vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, the proposed Chapter 3.30 of the Solana Beach Municipal Code, set forth below, establishes a transactions and use tax to be administered by the California Department of Tax and Fee Administration consistent with City Council direction and state law.
NOW THEREFORE, subject to approval by an affirmative, simple majority vote of the people as required by law, the People of the City of Solana Beach do ordain as follows:
SECTION 1. FINDINGS
The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance.
SECTION 2. ADDITION OF CHAPTER 3.30
The Solana Beach Municipal Code is hereby amended to add Chapter 3.30 as set forth below, thereby enacting a one-cent general local transactions and use tax within the City of Solana Beach, to be administered by the California Department of Tax and Fee Administration:
CHAPTER 3.30: SOLANA LOCAL STREETS, INFRASTRUCTURE, EMERGENCY
RESPONSE AND MUNICIPAL SERVICES GENERAL TRANSACTIONS AND USE TAX
Sections:
3.30.010 Title.
3.30.020 Operative date.
3.30.030 Purpose.
Ordinance 526
One-Cent General Sales Tax Measure
3.30.040 Contract with state.
3.30.050 Transactions tax rate.
3.30.060 Place of sale.
3.30.070 Use tax rate.
3.30.080 Adoption of provisions of state law.
3.30.090 Limitations on adoption of state law and collection of use taxes.
3.30.100 Permit not required.
3.30.110 Exemptions and Exclusions.
3.30.120 Amendments of Revenue and Taxation Code.
3.30.130 Enjoining collection forbidden.
3.30.140 Amendments by City Council.
3.30.150 Use of proceeds.
3.30.160 Independent Annual Audit.
3.30.170 Severability.
3.30.010 Title.
3.30.010 Title.
The Ordinance codified in this chapter shall be known as the “Solana Beach Local Streets, Infrastructure, Emergency Response and Municipal Services General Transactions and Use Tax.” The City of Solana Beach hereinafter shall be called “City.” This Ordinance shall be applicable in the incorporated territory of the City.
3.30.020 Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of adoption being set forth below.
3.30.030. Purpose.
This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a general retail transactions and use tax, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a general retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a general retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and Ordinance 526
One-Cent General Sales Tax Measure
administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes.
D. To adopt a general retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance.
3.30.040 Contract with State.
Prior to the Operative Date, City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax Ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the Operative Date, it shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the first calendar quarter following the effective date of such a contract.
3.30.050 Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this Ordinance.
3.30.060 Place of Sale.
For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out of‐state destination or to a common carrier for delivery to an out‐of‐state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of a transactions tax proposed by this Ordinance shall be determined under rules and regulations prescribed and adopted or to be prescribed and adopted by the California Department of Tax and Fee Administration or under the Revenue and Taxation Code.
3.30.070 Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this Ordinance for storage, use or other consumption in said territory at the rate of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3.30.080 Adoption of Provisions of State Law.
Ordinance 526
One-Cent General Sales Tax Measure
Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein.
3.30.090 Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word “State” is used as part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property that would not otherwise be exempt from this tax while such sales, storage, use or other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715 (except in relation to the Code of Civil Procedure and the Civil Code), 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word “City” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.
C. The word “City” shall be substituted for the word “state” in Revenue and Taxation Code Sections 6041 and 6044.
Ordinance 526
One-Cent General Sales Tax Measure
3.30.100 Permit/Registration Not Required.
A. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance.
B. If a marketplace facilitator is registered or required to register with the California Department of Tax and Fee Administration under Chapter 2 (commencing with Section 6051), Chapter 3 (commencing with Section 6201), or under any other law that imposes a fee administered pursuant to Part 30 (commencing with Section 55001) of the Revenue and Taxation Code, no additional registration is required by this Ordinance.
3.30.110 Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley‐Burns Uniform Local Sales and Use Tax Law or the amount of any state‐administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out‐of‐City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out‐of‐City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
Ordinance 526
One-Cent General Sales Tax Measure
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this Ordinance.
5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property;
1. The gross receipts from the sale of which have been subject to a transactions tax under any State‐administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this Ordinance.
5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subsection (7) of this section, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of Ordinance 526
One-Cent General Sales Tax Measure
tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a City imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumptions of which is subject to the use tax.
3.30.120 Amendments of Revenue and Taxation Code.
All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance as codified in this chapter; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
3.30.130 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.30.140 Amendments by City Council.
The following amendments to this Ordinance as codified in this chapter must be approved by the voters of the City: increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminating the tax. The City Council may otherwise amend this Ordinance as codified in this chapter without submitting the amendment to the voters for approval in any manner that does not constitute a tax “increase” as that term is defined in Government Code section 53750(h).
Ordinance 526
One-Cent General Sales Tax Measure
3.30.150 Use of Proceeds.
The proceeds from the tax imposed by this Ordinance shall be for unrestricted general revenue purposes of the City and shall be received into the general fund of the City.
Nothing in this Ordinance shall constitute the tax imposed under this Ordinance as a special tax, or bind the City to use the proceeds for any specific purpose or function; the City Council shall retain discretion to expend the proceeds of the tax for any lawful purpose of the City.
3.30.160 Independent Annual Audit.
The proceeds resulting from this transactions and use tax shall be become subject to the same independent annual audit requirements as other general fund revenue. The independent auditor's report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented annually to the City Council and made available for public review.
3.30.170 Severability.
If any provision of this Ordinance as codified in this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Solana Beach hereby declare that they would have adopted this Ordinance as codified in this chapter irrespective of the invalidity of any particular portion thereof and intend that the invalid portions should be severed, and the balance of the Ordinance be enforced.
SECTION 3. ENVIRONMENTAL REVIEW
The adoption of this Ordinance is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.). CEQA Guideline 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA.
SECTION 4. IMPLEMENTATION
This Ordinance authorizes City of Solana Beach officers and employees to take all steps necessary to implement this Ordinance in the manner required by law, including any applicable amendments to the laws of the State of California.
SECTION 5. ADOPTION
Pursuant to Elections Code Section 9217, this Ordinance shall be considered as adopted upon the date that the vote by the electorate of the City of Solana Beach is declared by Ordinance 526
One-Cent General Sales Tax Measure
the City Council, and shall become effective ten (10) days after that date.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance by the voters, cause it to be published as required by law, and forward a copy of the adopted Ordinance to the California Department of Tax and Fee Administration.
It is hereby certified that this Ordinance was duly adopted by the voters at the November 8, 2022 election and took effect 10 days following adoption of a resolution declaring the results of the election at a meeting of the City Council of the City of Solana Beach held on [INSERT DATE]: by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk ATTACHMENT 2
RESOLUTION 2022-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, ORDERING THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, A MEASURE TO ESTABLISH A ONECENT GENERAL PURPOSE TRANSACTIONS AND USE (SALES) TAX; AUTHORIZING THE SUBMITTAL OF BALLOT
ARGUMENTS IN FAVOR OF THE MEASURE; PROVIDING FOR
REBUTTAL ARGUMENTS; AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, over 95% of residents highly value the quality of life here in Solana Beach; and
WHEREAS, over the past decade, the City of Solana Beach’s revenues have not kept pace with the growing costs associated with providing municipal services and facilities. Although the City has been proactive in responding to this challenge by reducing its costs, deferring maintenance projects, cutting back on basic services where feasible, and through effective financial management practices, the practical reality is that existing revenues will not support the high quality services that residents have come to expect on an ongoing basis; and
WHEREAS, in order to continue to provide the level of service residents expect and deserve, as part of this year’s budget process, the City conducted extensive community engagement efforts to make sure to reflect the City services and priorities that residents rely on the most; and
WHEREAS, the City of Solana Beach should have local control over local funding to ensure residents receive the services they expect and deserve; and WHEREAS, if local road and infrastructure maintenance needs are not met now, they will be a lot more expensive to repair in the future; and WHEREAS, the City maintains over 46 miles of roads within Solana Beach, locally controlled funding would allow the City to keep up with basic repairs and maintenance to streets as well as sidewalks, storm drains and public facilities; and WHEREAS, residents recently prioritized City services including maintaining local streets and repairing potholes, storm drains, and other infrastructure, providing quick responses to 911 emergencies, fire protection and paramedic services, keeping trash and pollution out of local waterways and off our beaches, keeping neighborhoods, parks, and other public areas safe and clean, managing traffic congestion, reducing property related crimes and theft; and
Resolution 2022-093
Submitting One-Cent General Sales Tax Measure to the Voters
WHEREAS, survey results also indicate that Solana Beach voters have a high opinion of the quality of life in Solana Beach, the City’s performance in providing municipal services, and are interested in supporting a locally-controlled sales tax measure to help maintain and improve the quality of City services on an ongoing basis; and WHEREAS, Revenue & Taxation Code section 7285.9 authorizes the City Council for the City of Solana Beach to levy, increase or extend a general transactions and use tax if the ordinance proposing the tax is approved by a two-thirds vote of all members of the City Council, and the tax is approved by a simple majority (50%+1) vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, by a two-thirds vote, the City Council has approved Ordinance 526 attached hereto as Exhibit “A” adding Chapter 3.30 to the Solana Beach Municipal Code (the “Sales Tax Ordinance”) for general purposes subject to the approval of the majority of voters in the City; and
WHEREAS, a General Municipal Election for Tuesday, November 8, 2022, has been called by Resolution No. 2022-076, adopted on June 22, 2022 and Resolution No. 2022-077, adopted on June 22, 2022, requested that the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the Statewide General Election to be held on that date; and WHEREAS, pursuant to Revenue and Taxation Code Section 7285.9 and California Elections Code Section 9222, the City Council desires to submit this Sales Tax Ordinance to the electorate at the General Municipal Election that was previously called; and
WHEREAS, the City Council desires to authorize the City Clerk to carry‐out all actions necessary to ensure placement of the Sales Tax Ordinance on the General Municipal Election ballot that has been consolidated with the Statewide General Election Ballot; and
WHEREAS, Elections Code section 9282 authorizes the filing of written arguments for and against measures placed on the ballot, with priority determined according to state law.
NOW, THEREFORE, the City Council of the City of Solana Beach, California does resolve as follows:
1. The above recitals are true and correct and incorporated herein as findings.
2. That the City Council finds and determines that this activity is not a “Project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a Resolution 2022-093
Submitting One-Cent General Sales Tax Measure to the Voters
specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
3. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there has been called and ordered to be held in the City of Solana Beach, California, on Tuesday, November 8, 2022, a General Municipal Election.
4. That the City Council orders submitted to the voters at said General Municipal Election, the following question:
SOLANA BEACH STREETS/PARKS/BEACHES/SERVICES
MEASURE
To maintain and prevent cuts to City of Solana Beach services, such as: maintaining streets, parks, beaches, infrastructure, and storm drains; fire protection, paramedic and 911 emergency response; police patrols, crime prevention, traffic management, graffiti/ trash removal; addressing homelessness; and other city services, shall an ordinance establishing a 1¢ sales tax be adopted, providing approximately $3,000,000 annually for general city services until ended by voters, with independent audits and all money locally controlled?
Yes
No
5. That the Ordinance to be placed before the voters is attached as Exhibit "A" hereto and incorporated into this resolution by reference. The City does not request the Registrar of Voters to print the entire text of the Ordinance in the voter information materials. That the ballots to be used at the election shall be in the form and content as required by law.
6. That the vote requirement for the Ordinance to pass is a majority (50% +1) of the votes cast.
7. That by adopting this resolution, the City Council hereby approves the form of the attached Ordinance 526, and the submission of said ordinance to the voters of the City at the November 8, 2022, General Municipal Election, such ordinance to become effective in accordance with state law upon the approval of a majority (50%+1) of the voters voting on the measure in the election.
8. That the City Clerk is authorized, instructed, and directed to coordinate with the Registrar of Voters of the County of San Diego to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and Resolution 2022-093
Submitting One-Cent General Sales Tax Measure to the Voters
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
9. That the polls for the election shall be open as provided in Resolution No. 2022- 076 and applicable law.
10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
11. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
12. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
13. That the City Clerk shall certify to the passage and adoption of this resolution by a two-thirds vote of all members of the City Council and enter it into the book of original resolutions.
14. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary to hold the election and propose this measure.
15. That the City requests for this measure to be treated by the County of San Diego pursuant to Resolution No. 2022-077, wherein the City: requested that the County agree to consolidate the General Municipal Election with the Statewide General election; requested that the County permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election; requested that the Registrar of Voters canvass the returns and hold the election as if it were only one election with one form of ballot; requested that the County Board of Supervisors issue instructions to the Registrar of Voters to take any and all steps for the holding of the consolidated election and canvas the returns; agreed to reimburse the County in full for the services performed by the San Diego County Registrar of Voters by the City of Solana Beach upon presentation of a proper invoice, including reimbursement for any additional costs to consolidate the election; and agreed to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as a result of an election contest arising after conduct of this election so long as the basis for Resolution 2022-093
Submitting One-Cent General Sales Tax Measure to the Voters
any such claim arises from the conduct of the City or as a result of the reasonable reliance by County upon information provided by City.
16. Ballot arguments shall be accepted for and against this measure in the manner required by law. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, in accordance with Elections Code section 9286(b), after which no arguments for or against the measure may be submitted to the City Clerk. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of Argument as supplied by the City Clerk.
17. Due to the community interest in this issue, the City Council authorizes a process permitting a community submittal of the argument. Under Elections Code Section 9282, a ballot argument on this measure may only be submitted by an individual voter eligible to vote on the measure, a bona fide association of citizens, or any combination of voters or associations.
18. Pursuant to section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against a measure that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of any argument against, and copies of the argument against to the authors of any argument in favor. The author or a majority of the authors of an argument may prepare and submit rebuttal arguments not exceeding 250 words or may authorize, in writing, any other person or persons to prepare, submit, or sign the rebuttal argument.
These provisions for rebuttal arguments are only applicable to the November 8, 2022 general election and after that election shall expire.
19. That the City Clerk is directed to transmit a copy of the proposed Ordinance in Exhibit “A” to the City Attorney. That the City Attorney is directed to prepare an impartial analysis of the proposed Ordinance pursuant to Elections Code Section 9280. That the impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
PASSED AND ADOPTED this 13th day of July, 2022, at a regularly scheduled meeting of the by the City council of the City of Solana Beach by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSENT: Councilmembers -
ABSTAIN: Councilmembers -
________________________________
LESA HEEBNER, Mayor
Resolution 2022-093
Submitting One-Cent General Sales Tax Measure to the Voters
APPROVED AS TO FORM: ATTEST:
______________________________ ________________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk