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Agenda packet

Solana Beach City Council
January 11, 2023

Document
Agenda packet
Meeting
January 11, 2023
Body
Solana Beach City Council
Pages
17
Original file
60.9 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofsolanabeach.ca.gov. That file is the official record.

DISCUSSION:

Both the La Colonia and Fletcher Cove Tot Lots are completing their final construction documents. The new Fletcher Cove Tot Lot will be constructed in the same footprint as the existing Tot Lot so the design and construction should be able to be completed much quicker than the La Colonia Tot Lot. Additionally, due to the harsh marine environment and high usage of the existing Tot Lot, particularly during the summer months, the facility is beyond repair and needs attention beyond what the Public Works Staff can provide.

For these reasons, the Fletcher Cove Tot Lot is moving forward as an independent project from the La Colonia Tot Lot. This means it will be ready for competitive bidding process separately and constructed independently from the La Colonia Tot Lot. The La Colonia Tot Lot will not be delayed but it will take longer to complete the design and construction since it is a larger project, and the footprint of the new Tot Lot will be larger than the existing Tot Lot.

VDLA has been working with the recommended equipment manufacturer to determine the lead time necessary to obtain the equipment. At this point, the lead time for the Fletcher Cove Tot Lot equipment is over five months from the date the equipment is ordered. If the City proceeds with the standard process of advertising the project, receiving construction bids and executing a contract, the equipment wouldn’t arrive until well into the summer 2023. Given the ongoing global supply chain challenges and anticipated delays, the competitive bidding process is not in the public’s interest. It is recommended that the City purchase the equipment directly from the manufacturer or their approved equipment supplier under SBMC 3.08.130(D) to meet the time constraints of the project. This option would expedite the delivery of the equipment from the manufacturer or their approved equipment supplier. This method would save the City substantial amount of time since it would allow the equipment to be manufactured and delivered while the construction contract goes through the competitive bidding process.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the State CEQA Guidelines. A Notice of Exemption was filed with the San Diego County Clerk on December 1, 2022.

FISCAL IMPACT:

The Fiscal Year 2022/23 Capital Improvement Program budget includes $375,000 in General Funds for the Fletcher Cove Tot Lot. To date, approximately $58,000 has been appropriated for the design of the project, which leaves approximately $317,000 for construction. It is estimated that the Tot Lot equipment will cost approximately $200,000.

The exact amount will be known once a proposal has been received from the manufacturer or their approved equipment supplier. The budget currently allocated to this project will be used for the purchase of the Tot Lot Equipment.

January 11, 2023
Equipment Purchase for Fletcher Cove Tot Lot

Page 3 of 3 ends

WORK PLAN:

This project is consistent with portions of Item B.8 (Fletcher Cove Park and Community Center Maintenance) of the Community Character Priorities of the FY 2022/23 Work Plan.

OPTIONS:
• Adopt Staff recommendations.
• Provide direction to Staff.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-005 authorizing the City Manager to execute any and all agreements necessary for the purchase of the Fletcher Cove Tot Lot playground equipment from Landscape Structures, Inc. (LSI) or their approved equipment supplier.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2023-005
RESOLUTION 2023-005

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE ANY AND ALL AGREEMENTS

NECESSARY FOR THE PURCHASE OF PLAYGROUND

EQUIPMENT FOR THE FLETCHER COVE TOT LOT
WHEREAS, the current play structure at 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. A Professional Services Agreement (PSA) with Van Dyke Landscape Architects (VDLA) was executed in March 2021 for its replacement. Since that time, VDLA has been working on the design of the Tot Lots at La Colonia Park and Fletcher Cove Park; and
WHEREAS, the Fletcher Cove Tot Lot is smaller in size as compared to the La Colonia Tot Lot and can be completed quicker because the footprint of the new Tot Lot will not be expanded. Therefore, it was decided to move forward separately with the final design and construction of the Fletcher Cove Tot Lot while the design for the La Colonia Tot Lot is completed; and
WHEREAS, the design of both the La Colonia and Fletcher Cove Tot Lots are currently in the final design phase. The new Fletcher Cove Tot Lot will be constructed in the same footprint as the existing Tot Lot so the design and construction should be able to be completed much quicker than the La Colonia Tot Lot. Additionally, due to the harsh marine environment and high usage of the existing Tot Lot, particularly during the summer months, the facility is beyond repair and needs attention beyond what the Public Works Staff can provide; and
WHEREAS, the lead time for the Fletcher Cove Tot Lot equipment is over five months from the date the equipment is ordered. If the City sticks with the standard process of advertising the project, receiving construction bids and executing a contract, the equipment wouldn’t arrive until well into the summer 2023; and WHEREAS, an option to expedite the delivery of the equipment would be to purchase the equipment directly from the manufacturer or their approved equipment supplier. This method would save the City substantial amount of time since it would allow the equipment to be manufactured and delivered while the construction contract goes through the competitive bidding process; and
WHEREAS, Section 3.08.130 of the Solana Beach Municipal Code (SBMC) lists exemptions to the formal contract procedure outlined in Section 3.08.080 of the SBMC. It has been determined that the proposals obtained by Sourcewell no longer meet the Resolution 2023-005
Equipment Purchase for Fletcher Cove Tot Lot

Page 2 of 2 ends

requirements of the SBMC, but the City may be able to use the proposals obtained by Sourcewell or directly from the manufacturer (or their approved equipment supplier) since the competitive bidding process is not in the public’s interest due to the time constraints of the project.

WHEREAS, Funding for this purchase is currently available in the Miscellaneous Capital Project Fund allocated to the Fletcher Cove Playground Project.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:

1. That the foregoing recitations are true and correct.

2. That the City Council authorizes the City Manager to execute any and all agreements necessary for the purchase of the Fletcher Cove Tot Lot playground equipment from Landscape Structures, Inc. (LSI) or their approved equipment supplier.

PASSED AND ADOPTED this 11th day of January 2023, 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 SUCCESSOR AGENCY ACTION: _________
______________________________________________________________________ _____________________________________________________________ AGENDA ITEM # A.7.

STAFF REPORT

CITY OF SOLANA BEACH/SOLANA

BEACH SUCCESSOR AGENCY
TO: Honorable Mayor/Chair and City Councilmembers/Directors FROM: Gregory Wade, City Manager/Executive Director
MEETING DATE: January 11, 2023
ORIGINATING DEPT: Finance
SUBJECT: City Council/Successor Agency Consideration of Resolution SA-031 Approving the Administrative Budget
and Resolution SA-032 Approving the Recognized
Obligation Payment Schedule (ROPS) Both for the Period
July 1, 2023 to June 30, 2024
BACKGROUND:

As of February 1, 2012, the Solana Beach Redevelopment Agency (the “Agency”) was dissolved pursuant to Assembly Bill (AB) 1x26, which was found to be constitutional by the California Supreme Court in its decision in the California Redevelopment Association v. Matosantos case. Prior to the dissolution of the Agency, on January 11, 2012, the City Council adopted Resolution 2012-011, electing to become the Successor Agency (SA) to the Agency. Included as part of this legislation was the formation of a Countywide Oversight Board (OB) to replace all local Oversight Boards for each city’s SA to be effective July 1, 2016. However, Senate Bill (SB) 107 delayed the formation of this Countywide OB until July 1, 2018.

On June 27, 2012, as part of the Fiscal Year (FY) 2012/13 State budget package, the Legislature passed, and the Governor signed, AB 1484, the primary purpose of which was to make technical and substantive amendments to AB 1x26, and SB 107 (collectively referred to as the "Dissolution Laws"), based on experience at the State and local level in implementing that AB 1x26. AB 1484 made several changes to the process and timing for preparation and approval of a SA’s Recognized Obligation Payment Schedule (ROPS). The ROPS sets forth the payment amounts needed for the SA to meet its outstanding enforceable obligations for each fiscal year period until all outstanding debt and obligations are paid.

As part of the FY 2015/16 State budget package, the Legislature passed Senate Bill (SB) 107. As a budget "trailer bill", SB 107 took immediate effect upon signature by the Governor on September 22, 2015. The primary purpose of SB 107 was to make January 11, 2023
Successor Agency ROPS 23-24 and Administrative Budget

Page 2 of 5 ends

technical and substantive amendments to the existing Dissolution Laws including requiring an annual rather than a biannual ROPS and new administrative cost allocation formulas.

This item is before the City Council, in its capacity as the SA, for consideration of Resolution SA-031 (Attachment 1) approving the SA’s Administrative Budget for the period of July 1, 2023 to June 30, 2024 and Resolution SA-032 (Attachment 2) approving the ROPS 23-24 for the period of July 1, 2023 to June 30, 2024.

DISCUSSION:

Recognized Obligation Payment Schedule (ROPS)
As noted above, the ROPS sets forth the payment amounts needed for the SA to meet its outstanding enforceable obligations for each fiscal year period until all outstanding debt and obligations are paid. The ROPS 23-24 will cover the twelve-month enforceable obligation payment cycle under the Dissolution Laws and will control distributions from the Redevelopment Property Tax Trust Fund ("RPTTF") to pay enforceable obligations during the period from July 2023 through June 2024. The enforceable obligations in Solana Beach consist primarily of bond payments (which includes $200,803 in annual bond debt service and $7,500 in related fees) and payments for legal services for the “The Affordable Housing Coalition of San Diego v Sandoval, et al” and “San Diego County Board of Education (SDCBofE), et al vs Sandoval, et al” cases (which totals $40,000).

For the ROPS 23-24 period, enforceable obligations for which RPTTF will be requested totals $302,711.

The ROPS 23-24 must be prepared on a template form released by the Department of Finance (DOF) and must be approved by the SA’s Oversight Board and transmitted to the DOF and other specified recipients by February 1, 2023. As previously noted, beginning with the ROPS 19-20 there is one Countywide Oversight Board as opposed to individual Oversight Boards for each successor agency. The DOF must approve or disapprove the various enforceable obligations (including payment amounts and funding sources) set forth on an oversight board-approved ROPS 23-24 by April 15, 2023. If necessary, the SA then has five (5) business days to request a "meet and confer" session with the DOF to seek reconsideration by the DOF of any disputed enforceable obligation items.

The DOF meet and confers will generally occur within the following 30-day period, with the DOF required to provide its final determination on ROPS 23-24 enforceable obligations by May 17, 2023 (14 days prior to the next RPTTF distribution). The ROPS 23-24 preparation and approval process will culminate this year with a June 1, 2023 distribution to the SA of RPTTF funds by each county auditor-controller to cover specified administrative costs and for payment of upcoming enforceable obligations during July 2023 through June 2024, along with RPTTF pass-through payments and the distribution of any remaining residual RPTTF funds to other affected taxing entities.

January 11, 2023
Successor Agency ROPS 23-24 and Administrative Budget

Page 3 of 5 ends

The ROPS 23-24 will be submitted to the Oversight Board for approval at their regular meeting on January 19, 2023, with a subsequent submission to the DOF by the February 1, 2023 deadline.

The ROPS 23-24 (Attachment 3) consists entirely of items included on ROPS 22-23 and previously approved by the DOF.

If necessary, pursuant to SB 107, the annual ROPS can only be amended once and no later than October 1st of a given fiscal year.

Successor Agency Administrative Budget and Administrative Cost Allowance Pursuant to the Dissolution Laws, the SA must also prepare an Administrative Budget (Attachment 4) for the fiscal year for approval by the Oversight Board. Before the passage of SB 107, the SA was entitled to an Administrative Cost Allowance for a fiscal year equal to the greater of $250,000 or 3% of the RPTTF received by the SA from the County Auditor-Controller to make enforceable obligation payments during the fiscal year. In the case of Solana Beach, prior to the passage of SB 107, the SA typically received $250,000 annually or $125,000 for each six-month ROPS period.

Beginning July 1, 2016, the Administrative Cost Allowance is the greater of $250,000 or up to 3% of the actual RPTTF distributed to the successor agency in the preceding fiscal year, reduced by the SA’s Administrative Cost Allowance. However, in no case can the Administrative Cost Allowance exceed 50% of the total RPTTF to pay enforceable obligations in the preceding fiscal year, reduced by administrative costs paid for by RPTTF. In Solana Beach, under the 50% formula, the maximum Administrative Cost Allowance would be $124,139 for the upcoming ROPS period. Last year, or FY 2022/23, the City requested and was approved for $52,690 based on projected SA administrative expenditures.

The Administrative Cost Allowance calculation for the period of July 1, 2023 to June 30, 2024, using the criteria in the paragraph above, is shown in the Administrative Cost Allowance (ACA) for ROPS 23-24 table in Attachment 5.

This Administrative Budget must include:
• Estimated amounts for SA administrative costs for the upcoming two six-month periods.
• Proposed sources of payment for such administrative costs, which may include the Administrative Cost Allowance described below, as well as other eligible sources available to the SA.
• Proposals for arrangements for administrative/operations services to be provided to the SA by the Sponsoring Community or other entity.

The Administrative Budget for the period of July 1, 2023 to June 30, 2024 is prepared in conjunction with the ROPS for the same time period. Though the SA can request up to $124,139 as an Administrative Cost Allowance, the SA is requesting an amount of $54,408 for the Administrative Budget for July 1, 2023 to June 30, 2024. The January 11, 2023
Successor Agency ROPS 23-24 and Administrative Budget

Page 4 of 5 ends

Administrative Budget includes $32,308 for Staff salary and benefits to reimburse the City of Solana Beach (City) for Staff work, $13,200 for legal and audit professional services, $2,000 for materials and supplies, and $6,900 for related costs based on the City’s cost allocation plan that are based on a City-wide allocation of Staff salary and benefits.

The requested Administrative Budget amount of $54,408 for FY 2023/24 is greater than the $52,690 amount requested in FY 2022/23 primarily due to increased salary and benefit costs.

The Administrative Budget will also be submitted to the Oversight Board for approval at a regular meeting on January 19, 2023. The administrative budget is no longer required to be submitted to the DOF for their approval.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

For the ROPS 23-24 period, enforceable obligations for which RPTTF will be requested totals $302,711. This amount includes $200,803 of bond debt service payments, $7,500 of bond-related fees, and $40,000 of Dissolution Laws Litigation costs. The Administrative Cost Allowance requested is $54,408.

WORK PLAN:

N/A
OPTIONS:
∙ Approve Staff recommendation.
∙ Approve Staff recommendation with alternative amendments/modifications. ∙ Provide direction and feedback.

DEPARTMENT RECOMMENDATION:

Staff recommends that the Successor Agency:

1. Receive the Successor Agency’s enforceable obligations payment information and administrative budget for the period July 1, 2023 to June 30, 2024.

2. Adopt Resolution SA-031 approving the SA Administrative Budget for July 1, 2023 to June 30, 2024.

3. Adopt Resolution SA-032 approving the ROPS 23-24 for July 1, 2023 to June 30, 2024.

January 11, 2023
Successor Agency ROPS 23-24 and Administrative Budget

Page 5 of 5 ends

CITY MANAGER/EXECUTIVE DIRECTOR’S RECOMMENDATION:

Approve Department Recommendation.
_______________________________________
Gregory Wade, City Manager/Executive Director
Attachments:

1. Resolution SA-031

2. Resolution SA-032

3. Recognized Obligation Payment Schedule for the period July 1, 2023 to June 30, 2024.

4. Successor Agency Administrative Budget for the period July 1, 2023 to June 30, 2024.

5. Administrative Cost Allowance (ACA) for ROPS 23-24
ATTACHMENT 1
SUCCESSOR AGENCY RESOLUTION SA-031

RESOLUTION OF THE SUCCESSOR AGENCY FOR THE SOLANA

BEACH REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR
AGENCY ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2023/24 AND

REQUESTING OVERSIGHT BOARD APPROVAL
WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding Assembly Bill 1X26 (the "Dissolution Act") largely constitutional; and WHEREAS, under the Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Solana Beach Redevelopment Agency (the "Former RDA"), were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, on January 11, 2012, the City Council of the City of Solana Beach adopted Resolution No. 2012-011 accepting for the City the role of Successor Agency to the Former RDA (the "Successor Agency"); and
WHEREAS, under the Dissolution Act, an oversight board is established for each successor agency to a former redevelopment agency with the responsibility of overseeing the activities of the successor agency and approving certain actions of the successor agency in connection with the successor agency's wind down of the affairs of the former redevelopment agency; and
WHEREAS, the oversight board (the "Oversight Board") for the Successor Agency has been duly constituted pursuant to the Dissolution Act: and WHEREAS, Health & Safety Code Section 34177(j) requires the Successor Agency to prepare an Administrative Budget for Fiscal Year 2023/24 and to submit it to the Oversight Board for approval; and
WHEREAS, an Administrative Budget for Fiscal Year 2023/24 has been prepared in conformance with State law and has been presented to the Successor Agency.

NOW, THEREFORE, BE IT RESOLVED, by the Successor Agency for the Solana Beach Redevelopment Agency, as follows:

Section 1. Recitals Correct. The Successor Agency finds that the above Recitals are true and correct and have served as the basis for the findings and approvals set forth below.

Section 2. Approval of Administrative Budget for Fiscal Year 2023/24. The Successor Agency hereby approves the Administrative Budget for Fiscal Year 2023/24, attached hereto as Exhibit A.

Resolution SA-031
Approval of Administrative Budget for FY 2023/24

Page 2 of 2 ends

Section 3. Request for Oversight Board Approval of Administrative Budget.

The Successor Agency hereby requests the Oversight Board to approve the Administrative Budget for Fiscal Year 2023/24, attached hereto as Exhibit A.

Section 4. California Environmental Quality Act. The Successor Agency determines that the activity approved by this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per Section 15378(b)(5) of the Guidelines.

Section 5. Further Actions and Documents. The Executive Director or designee, following consultation with the Agency Counsel, is authorized to take all actions and execute all documents on behalf of the Successor Agency necessary to effectuate the purpose of this Resolution.

Section 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that its board would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the Successor Agency to the Solana Beach Redevelopment Agency at its meeting held on the 11th day of January 2023, by the following vote:

AYES: Board Member –
NOES: Board Member –
ABSENT: Board Member –
ABSTAIN: Board Member –
_______________________________
LESA HEEBNER, Chair
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ JOHANNA N. CANLAS, Agency Counsel ANGELA IVEY, Agency Secretary

EXHIBIT A
Expenditure Category Payee Description
Salary/Benefits Various Employee Salaries and Benefits 32,308 Legal Services Burke Williams Sorensen LLP, et al Contract for Professional Services-Legal 5,000 Legal Services Goldfarb & Lipman Contract for Professional Services-Legal 5,000 Audit Lance, Sol Contract for Professional Services-Audit 3,200 Material, Supplies, & Services Various Costs - material, supplies and services expenditure categories 2,000 Administrative Charges City of Solana Beach Successor Agency share of City's overhead costs 2,000 Claims Liability Charges City of Solana Beach Successor Agency share of City's self-insured liability 700 Workers Comp Charges City of Solana Beach Successor Agency share of City's workers comp liability 800 Pension Trust Charges City of Solana Beach Successor Agency share of City's pension trust liability 2,000 OPEB Trust Charges City of Solana Beach Successor Agency share of City's OPEB liability 1,400 TOTAL $ 54,408

2. Activities may be added, revised, or deleted from this listing as needed during the RDA dissolution process.

3. Costs shown for each activity are estimates only. Actual costs required for each activity may be higher or lower than the amount shown, not to exceed the TOTAL maximum amount shown.

SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SOLANA BEACH

ADMINISTRATIVE BUDGET
July 1, 2023 to June 30, 2024
Amount

1. The Successor Agency has arranged with the City of Solana Beach to provide the staff, material, and equipment needed to administer the ATTACHMENT 2
SUCCESSOR AGENCY RESOLUTION SA-032

RESOLUTION OF THE SUCCESSOR AGENCY FOR THE SOLANA

BEACH REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2023/24 AND

REQUESTING OVERSIGHT BOARD APPROVAL
WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding Assembly Bill 1X26 (the "Dissolution Act") largely constitutional; and WHEREAS, under the Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Solana Beach Redevelopment Agency (the "Former RDA"), were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, on January 11, 2012, the City Council of the City of Solana Beach adopted Resolution No. 2012-011 accepting for the City the role of Successor Agency to the Former RDA (the "Successor Agency"); and
WHEREAS, under the Dissolution Act, an oversight board is established for each successor agency to a former redevelopment agency with the responsibility of overseeing the activities of the successor agency and approving certain actions of the successor agency in connection with the successor agency's wind down of the affairs of the former redevelopment agency; and
WHEREAS, the oversight board (the "Oversight Board") for the Successor Agency has been duly constituted pursuant to the Dissolution Act: and WHEREAS, Health & Safety Code Sections 34177(l) and 34177(o) require the Successor Agency to submit a Recognized Obligation Payment Schedule ("ROPS") for fiscal year 2023/24 to the San Diego County Auditor-Controller and the California Department of Finance by February 1, 2023, after approval by the Oversight Board; and WHEREAS, a ROPS for Fiscal Year 2023/24 has been prepared in conformance with State law and has been presented to the Successor Agency.

NOW, THEREFORE, BE IT RESOLVED, by the Successor Agency for the Solana Beach Redevelopment Agency, as follows:

Section 1. Recitals Correct. The Successor Agency finds that the above Recitals are true and correct and have served as the basis for the findings and approvals set forth below.

Section 2. Approval of ROPS for Fiscal Year 2023/24. The Successor Agency hereby approves the Recognized Obligation Payment Schedule for Fiscal Year 2023/24, attached hereto as Exhibit A.

Resolution SA-032
Approval of ROPS for FY 2023/24

Page 2 of 2 ends

Section 3. Request for Oversight Board Approval of ROPS. The Successor Agency hereby requests the Oversight Board to approve the Recognized Obligation Payment Schedule for Fiscal Year 2023/24, attached hereto as Exhibit A.

Section 4. California Environmental Quality Act. The Successor Agency determines that the activity approved by this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per Section 15378(b)(5) of the Guidelines.

Section 5. Further Actions and Documents. The Executive Director or designee, following consultation with the Agency Counsel, is authorized to take all actions and execute all documents on behalf of the Successor Agency necessary to effectuate the purpose of this Resolution.

Section 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that its board would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the Successor Agency to the Solana Beach Redevelopment Agency at its meeting held on the 11th day of January 2023, by the following vote:

AYES: Board Member –
NOES: Board Member –
ABSENT: Board Member –
ABSTAIN: Board Member –
_______________________________
LESA HEEBNER, Chair
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ JOHANNA N. CANLAS, Agency Counsel ANGELA IVEY, Agency Secretary

EXHIBIT A
Successor Agency: Solana Beach
County: San Diego
23-24A Total
(July -
December)
23-24B Total
(January - June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 150,653 $ 152,058 $ 302,711 F RPTTF 120,653 127,650 248,303
G Administrative RPTTF 30,000 24,408 54,408
H Current Period Enforceaable Obligations (A+E) $ 150,653 $ 152,058 $ 302,711 Certification of Oversight Board Chairman:

Name Title
/s/
Signature Date
Currrent Period Requested Funding for Enforceable
Obligations (ROPS Detail)
Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.

Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Item
# Project Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date Payee Description Project Area
Total
Outstanding
Debt or
Obligation Retired
ROPS 23-
24 Total
Bond
Proceeds
Reserve
Balance
Other
Funds
Redevelopment
Property Tax
Trust Fund
(RPTTF)
Admin
RPTTF
ROPS 22-
23A Total
Bond
Proceeds
Reserve
Balance
Other
Funds
Redevelopment
Property Tax
Trust Fund
(RPTTF)
Admin
RPTTF
ROPS
22-23B
Total
$ 4,438,404 $ 302,711 $ - $ - $ - $ 120,653 $ 30,000 $ 150,653 $ - $ - $ - $ 127,650 $ 24,408 $ 152,058 2 Trustee Services Fees 6/1/2006 12/1/2035 Wells Fargo Bank Contract for Professional Services-Trustee Services
Solana Beach
Redevelopment
Project
$ 52,000 N 4,000
$ -
$ - - $ $ - $ - $ 4,000 $ 4,000
3 Continuing
Disclosure
Fees 6/1/2006 12/1/2035 Urban Futures Contract for Professional Services-Continuing
Disclosure
Solana Beach
Redevelopment
Project
$ 33,900 N 1,500
$ -
$ - - $ $ 750 $ - $ 750 $ 750 $ 750
4 Arbitrage Fees 6/1/2006 12/1/2035 Koppel & Grubber Contract for Professional Services - Arbitrage
Solana Beach
Redevelopment
Project
$ 13,900 N 2,000
$ -
$ - - $ $ - $ - $ 2,000 $ 2,000
21 Legal Services Litigation 1/1/2014 12/1/2035 BWS Law LLC, Solana Beach
Successor Agency
Defend Third Party
litigation against
Successor Agency
regarding case: "The
Affordable Housing
Coalition of San Diego v
Sandoval, et al." Case No.
34-2012-80001158-CUWM-GDS
Solana Beach
Redevelopment
Project
$ 160,000 N 20,000
$ -
$ - - $ $ 10,000 $ 10,000 - $ $ 10,000 $ 10,000
22 Successor Agency
Administrative
Expenses
Admin Costs 1/1/2014 12/1/2035 City of Solana Beach Successor Agency administrative obligations
relating to maintaining
payments on enforceable
obligations and other
activities as required by
AB1X26
Solana Beach
Redevelopment
Project
$ 1,508,535 N 54,408
$ -
$ - - $ $ 30,000 $ 30,000 $ 24,408 $ 24,408
24 2017 Tax
Allocation
Refunding Bond
Bond Issued
After
12/31/10
11/10/2017 12/1/2035 Wells Fargo Bank Refunding of 2006 Tax Allocation Bonds that
were used to fund Public
Improvements
$ 2,510,069 N 200,803
$ -
$ - - $ $ 99,903 $ 99,903 - $ $ 100,900 $ 100,900
25 Legal Services Litigation 11/10/2017 12/1/2035 Burke Williams Sorenson LLP,
Solana Beach
Successor Agency
Defend Third Party
litigation against
Successor Agency
regarding case: "San
Diego County Board of
Education, et al v
Sandoval, et al." Case No.
37-2017-00019775-CUWM-CTL
$ 160,000 N 20,000
$ -
$ - - $ $ 10,000 $ 10,000 - $ $ 10,000 $ 10,000
Fund Sources ROPS 23-24A (Jul - Dec) Fund Sources ROPS 23-24B (Jan - Jun) Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution amount 54,107 42,861 2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 19-20 total distribution from the County Auditor-Controller 29,852
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
103,754 153,156
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA form submitted to the CAC 37,696
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $ 0 $ 0 $ (49,647) $ 0 $ (118,139) Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
No entry required
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.

ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds

I I I I
Item #
2 3
4 21
22 24
25 Increase in salaries/benefits and internal service costs based on City-wide cost allocation plan Per Debt Service schedule
Notes/Comments
Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
ATTACHMENT 3
Successor Agency: Solana Beach
County: San Diego
23-24A Total
(July -
December)
23-24B Total
(January - June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 150,653 $ 152,058 $ 302,711 F RPTTF 120,653 127,650 248,303
G Administrative RPTTF 30,000 24,408 54,408
H Current Period Enforceaable Obligations (A+E) $ 150,653 $ 152,058 $ 302,711 Certification of Oversight Board Chairman:

Name Title
/s/
Signature Date
Currrent Period Requested Funding for Enforceable
Obligations (ROPS Detail)
Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.

Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period ATTACHMENT 3
Item
# Project Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date Payee Description Project Area
Total
Outstanding
Debt or
Obligation Retired
ROPS 23-
24 Total
Bond
Proceeds
Reserve
Balance
Other
Funds
Redevelopment
Property Tax
Trust Fund
(RPTTF)
Admin
RPTTF
ROPS 22-
23A Total
Bond
Proceeds
Reserve
Balance
Other
Funds
Redevelopment
Property Tax
Trust Fund
(RPTTF)
Admin
RPTTF
ROPS
22-23B
Total
$ 4,438,404 $ 302,711 $ - $ - $ - $ 120,653 $ 30,000 $ 150,653 $ - $ - $ - $ 127,650 $ 24,408 $ 152,058 2 Trustee Services Fees 6/1/2006 12/1/2035 Wells Fargo Bank Contract for Professional Services-Trustee Services
Solana Beach
Redevelopment
Project
$ 52,000 N 4,000
$ -
-$ -$ -$ -$ $ 4,000 4,000$
3 Continuing
Disclosure
Fees 6/1/2006 12/1/2035 Urban Futures Contract for Professional Services-Continuing
Disclosure
Solana Beach
Redevelopment
Project
$ 33,900 N 1,500
$ -
-$ -$ $ 750 -$ 750$ $ 750 750$
4 Arbitrage Fees 6/1/2006 12/1/2035 Koppel & Grubber Contract for Professional Services - Arbitrage
Solana Beach
Redevelopment
Project
$ 13,900 N 2,000
$ -
-$ -$ $ - -$ $ 2,000 2,000$
21 Legal Services Litigation 1/1/2014 12/1/2035 BWS Law LLC, Solana Beach
Successor Agency
Defend Third Party
litigation against
Successor Agency
regarding case: "The
Affordable Housing
Coalition of San Diego v
Sandoval, et al." Case No.
34-2012-80001158-CUWM-GDS
Solana Beach
Redevelopment
Project
$ 160,000 N 20,000
$ -
-$ -$ $ 10,000 -$ 10,000$ $ 10,000 10,000$
22 Successor Agency
Administrative
Expenses
Admin Costs 1/1/2014 12/1/2035 City of Solana Beach Successor Agency administrative obligations
relating to maintaining
payments on enforceable
obligations and other
activities as required by
AB1X26
Solana Beach
Redevelopment
Project
$ 1,508,535 N 54,408
$ -
-$ -$ 30,000$ 30,000$ 24,408$ 24,408$
24 2017 Tax
Allocation
Refunding Bond
Bond Issued
After
12/31/10
11/10/2017 12/1/2035 Wells Fargo Bank Refunding of 2006 Tax Allocation Bonds that
were used to fund Public
Improvements
$ 2,510,069 N 200,803
$ -
-$ -$ $ 99,903 -$ 99,903$ $ 100,900 100,900$
25 Legal Services Litigation 11/10/2017 12/1/2035 Burke Williams Sorenson LLP,
Solana Beach
Successor Agency
Defend Third Party
litigation against
Successor Agency
regarding case: "San
Diego County Board of
Education, et al v
Sandoval, et al." Case No.
37-2017-00019775-CUWM-CTL
$ 160,000 N 20,000
$ -
-$ -$ $ 10,000 -$ 10,000$ $ 10,000 10,000$
Fund Sources ROPS 23-24A (Jul - Dec) Fund Sources ROPS 23-24B (Jan - Jun) Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution amount 54,107 42,861 2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 19-20 total distribution from the County Auditor-Controller 29,852
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
103,754 153,156
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA form submitted to the CAC 37,696
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $ 0 $ 0 $ (49,647) $ 0 $ (118,139) Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
No entry required
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.

ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds

I I I I
Item #
2 3
4 21
22 24
25 Increase in salaries/benefits and internal service costs based on City-wide cost allocation plan Per Debt Service schedule
Notes/Comments
Solana Beach Successor Agency
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Expenditure Category Payee Description
Salary/Benefits Various Employee Salaries and Benefits 32,308 Legal Services Burke Williams Sorensen LLP, et al Contract for Professional Services-Legal 5,000 Legal Services Goldfarb & Lipman Contract for Professional Services-Legal 5,000 Audit Lance, Sol Contract for Professional Services-Audit 3,200 Material, Supplies, & Services Various Costs - material, supplies and services expenditure categories 2,000 Administrative Charges City of Solana Beach Successor Agency share of City's overhead costs 2,000 Claims Liability Charges City of Solana Beach Successor Agency share of City's self-insured liability 700 Workers Comp Charges City of Solana Beach Successor Agency share of City's workers comp liability 800 Pension Trust Charges City of Solana Beach Successor Agency share of City's pension trust liability 2,000 OPEB Trust Charges City of Solana Beach Successor Agency share of City's OPEB liability 1,400 TOTAL $ 54,408

2. Activities may be added, revised, or deleted from this listing as needed during the RDA dissolution process.

3. Costs shown for each activity are estimates only. Actual costs required for each activity may be higher or lower than the amount shown, not to exceed the TOTAL maximum amount shown.

SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SOLANA BEACH

ADMINISTRATIVE BUDGET
July 1, 2023 to June 30, 2024
Amount

1. The Successor Agency has arranged with the City of Solana Beach to provide the staff, material, and equipment needed to administer the ATTACHMENT 4
A July to Dec RPTTF Distribution $ 150,167
B Jan to June RPTTF Distribution 150,801
C = A+B Actual RPTTF Distributed Prior Fiscal Year (2022/23) $ 300,968 D Less: Prior Fiscal Year Administrative Cost Allowance 52,690 E=C-D Adjusted RPTTF Distribution Prior Fiscal Year $ 248,278 Multiply Adjusted RPTTF by 3% 3%
F=E x 3% Agency Calculated ACA $ 7,448.34
G Allowable ACA:

Greater of $250,000 per fiscal year $ 250,000
or
3% of Adjusted RPTTF Distribution (F) $ 7,448
or
The annual ACA shall not exceed 50% of the
Adjusted RPTTF distribution (E x 50%) $ 124,139
Administrative Cost Allowance (ACA) for ROPS 23-24
Since the Administrative Cost Allowance cannot exceed 50% of the total RPTTF distributed to pay enforceable obligations in the preceding fiscal year, reduced by administrative costs paid for by RPTTF, the SA’s maximum allowable Administrative Cost Allowance is $124,139.

ATTACHMENT 5
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.8.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 11, 2023
ORIGINATING DEPT: Finance
SUBJECT: City Council Consideration of Resolution 2023-004 Authorizing the City Manager to Execute a Professional
Services Agreement with Hinderliter de Llamas and
Associates to Provide Transaction Tax Audit &
Economic Analysis Consulting Services
BACKGROUND:

The City of Solana Beach (City) voters approved Measure “S”, a local 1% transaction and use tax, as certified by the San Diego County Registrar of Voters Election Department on December 8, 2022. The City Council declared and determined that as a result of the election, a majority of the voters voting on Measure “S” did vote in favor of it, and the measure was carried and was deemed adopted by the City Council on December 9, 2022 via Resolution 2022-130.

As a result of the above actions, the City of Solana Beach granted authority via Resolution 2022-137 to the City Manager to contract with the California Department of Tax and Fee Administration (CDTFA) to Implement and Administer the 1% transaction tax.

This item is before the City Council to consider adoption of Resolution 2023-004 (Attachment 1) authorizing the City Manager to execute a Professional Service Agreement (PSA) with Hinderliter de Llamas and Associates, a California Corporation (HDL) to provide as-needed transaction tax audit & economic analysis consulting services to implement and administer the 1% transaction tax.

Staff is also requesting approval of Resolution 2023-008 which makes corrections to Resolution 2022-140 which was previously adopted by Council on December 9, 2022.

Resolution 2023-008 (Attachment 2) would authorize the examination of sales or transactions use taxes records by specifically identified City of Solana Beach Staff position titles and by Hinderliter de Llamas and Associates’ employees.

January 11, 2023

HDL PSA

Page 2 of 3 ends

DISCUSSION:

The City is currently engaged with HDL to provide skilled audit and economic analysis consulting services for both Property Tax and Bradley Burns Sales Tax collections. This PSA is to provide similar services to the City of Solana Beach for the recently approved 1% transaction tax that is scheduled to become effective April 1, 2023. This PSA, if approved, would be for an initial term of one-year and provides authorization to the City Manager to extend the contract for up to four additional one-year terms. The services needed at this time require demonstrated competence, qualifications and specific knowledge of the subject matter for which the services are requested. Staff recommends that the PSA with HDL be approved for these transaction tax audit and economic analysis consultant services in an amount not to exceed $25,000 in the first year of the contract.

The CDTFA requires the City to provide documentation of City Council approval via resolution authorizing the examination of sales or transactions use taxes records by specifically identified City of Solana Beach employee position titles and by Hinderliter de Llamas and Associates. A resolution was previously presented to and approved by City Council on December 9, 2022. However, it requires some corrections in order to simplify the process of identifying the authorized staff and consultants that are being authorized to review the confidential records at CDTFA for both our existing Sales Tax and our new Measure “S” Transactions and Use Tax.

CEQA COMPLIANCE STATEMENT:

Approval of the PSA with HDL is not a project as defined by CEQA.

FISCAL IMPACT:

The current fiscal year (FY) 2022/23 adopted budget does not include $25,000 for these anticipated services to be provided by Hinderliter de Llamas and Associates. The proposed PSA would add an additional $25,000 to the Finance Department budget for FY2023. Staff is recommending adding appropriations of $25,000 from General Fund unreserved fund balance to the Finance Department’s Professional Services account.

This adjustment will be noted in the FY 2022/23 Mid-Year Budget Adjustments.

WORK PLAN:

This project is consistent with the Fiscal Sustainability Section of the FY 2022/23 Work Plan.

OPTIONS:
• Approve Staff recommendation.

January 11, 2023

HDL PSA

Page 3 of 3 ends

• Approve Staff recommendation with modifications.
• Provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council consider adoption of Resolution 2023-004:

1. Authorizing the City Manager to execute a Professional Services Agreement, in an amount not to exceed $25,000, with Hinderliter de Llamas and Associates for transaction tax audit and economic analysis consulting services.

2. Authorizing the City Manager to extend the agreement up to four additional oneyear terms at the sole discretion of the City.

3. Authorizing an appropriation of $25,000 from the Professional Services account in the Finance department.

4. Authorizing the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

Staff further recommends that the City Council consider adoption of Resolution 2023-008 correcting and replacing Resolution 2022-140 authorizing examination of sales or transactions use taxes records administered by the California Department of Tax and Fee Administration.

CITY MANAGER RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2023-004

2. Resolution 2023-008
RESOLUTION 2023-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTHORIZING A

PROFESSIONAL SERVICES AGREEMENT WITH

HINDERLITER DE LLAMAS AND ASSOCIATES FOR

TRANSACTION TAX AUDIT AND ECONOMIC ANALYSIS

CONSULTING SERVICES
WHEREAS, the CITY desires to employ Hinderliter de Llamas and Associates, a California Corporation (CONSULTANT) to furnish transaction tax audit and economic analysis consulting services (“PROFESSIONAL SERVICES”) to the City of Solana Beach (CITY); and
WHEREAS, the CITY has determined that the CONSULTANT is uniquely qualified by experience and its ability to perform the services desired by CITY, and the CONSULTANT is willing to perform such services; and
WHEREAS, the CONSULTANT will conduct all the work as described and detailed in this AGREEMENT to be provided to the CITY.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:

1. That the foregoing recitations are true and correct.

2. That the City Council authorizes the City Manager to execute a Professional Services Agreement, in an amount not to exceed $25,000, with Hinderliter de Llamas and Associates. to provide transaction tax audit and economic analysis consulting services.

3. That the City Council appropriates $25,000 from the Professional Services account in the Finance Department.

4. That the City Council authorizes the City Manager to extend the contract for four additional one-year periods if necessary and desired.

5. That the City Council authorizes the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

Resolution 2023-004

HDL PSA

Page 2 of 2 ends

PASSED AND ADOPTED this 11th day of January 2023, 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 RESOLUTION 2023-008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, AUTHORIZING

EXAMINATION OF SALES OR TRANSACTIONS USE
TAXES RECORDS.

WHEREAS, pursuant to Ordinance Numbers 2 and 44, the City of Solana Beach (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Ordinance Number 526 of the City of Solana Beach, and Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Solana Beach deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to those contracts; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Solana Beach, California, does hereby resolve as follows:

1. That the above recitations are true and correct.

2. That the Finance Director/Treasurer, City Manager, Assistant City Manager, Senior Accountant, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

3. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:

Resolution 2023-008
Authorizing Examination of Sales or Transaction Use Taxes Records

Page 2 of 3 ends

a. Annual and periodic budget planning
b. Economic Development planning and analysis
c. Transportation planning and analysis
d. Business Development planning and analysis
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

4. That Hinderliter de Llamas and Associates (dba HDL Companies) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and HDL Companies:
a. has an existing contract with the City to examine those sales or transactions and use tax records;
b. is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c. is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d. is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 3 of this Resolution:

5. That this resolution supercedes all prior resolutions of the City Council of the City of Solana Beach adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

Resolution 2023-008
Authorizing Examination of Sales or Transaction Use Taxes Records

Page 3 of 3 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Solana Beach, California, this 9th day of December 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 CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.9.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 11, 2023
ORIGINATING DEPT: City Manager
SUBJECT: Consideration of Resolution 2023-011 to Ratify of Appointment of Rodney Greek as Interim Finance
Director/Treasurer and Approve Retired Annuitant
Interim Employment Agreement
BACKGROUND:

In August of 2022, then Finance Director/Treasure Ryan Smith advised the City Manager that he would be leaving the City of Solana Beach. On October 5, 2022, Ryan Smith submitted his official letter of resignation as Finance Director/Treasurer. Mr. Smith’s last day of employment with the City of Solana Beach was October 21, 2022.

City Manager Greg Wade approved the commencement of the recruitment process for the vacant position on October 5, 2022. It is anticipated the recruitment process will take approximately four to five months to complete. The selection and onboarding of a new Finance Director/Treasurer is expected sometime in February or March 2023.

Rodney Greek served as the controller for the San Diego County Water Authority for five years, a deputy director of finance and information technology for the City of San Diego for four years, and since retirement, has continued to serve in interim/part time in government accounting/auditing positions. He is qualified and is available to assist the City in an interim capacity.

Mr. Greek is a retiree under the California Public Employees’ Retirement System (CalPERS). To remain retired, Mr. Greek can only work for Solana Beach – a CalPERS employer – pursuant to a retired annuitant appointment and related restrictions including work limited to 960 hours in a fiscal year and compensation at the hourly rate of a regular employee in the same capacity.

January 11, 2023
Interim Finance Director Agreement

Page 2 of 3 ends

In addition, CalPERS requires that the City have an active recruitment for the permanent Finance Director/Treasurer, as stipulated in Government Code Section 21221(h). Solana Beach’s recruitment for the next Finance Director/Treasurer is underway.

The appointment of Rodney Greek as Interim Finance Director/Treasurer affords the City leadership, familiarity, and minimizes disruption to vital City services and operations while the City transitions to a new permanent Finance Director/Treasurer. Under Government Code Section 21221(h), an Agreement with Mr. Greek must be adopted by resolution of the City Council. Mr. Greek can only be appointed once to the vacant Finance Director/Treasurer position.

DISCUSSION:

The proposed terms of the Retired Annuitant Employment Agreement (Agreement) with Mr. Greek provide the following:
• LIMITED TERM: The appointment shall be limited from October 7, 2022 to the first of the following to occur: (i) upon the employment commencement date of a permanent Finance Director employed by City; or (ii) upon Mr. Greek working his 960th hour for City including hours worked for other CalPERS Agencies during City’s 2022-2023 fiscal year as a retired annuitant; or (iii) upon termination of the Agreement by either Greek or the City.
• COMPENSATION: As the Interim Finance Director, the hourly rate shall be $97.21 an hour. This is based on the current monthly salary for the position if working 40 hours per week. There shall be no benefits, incentives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate. • 960 HOUR LIMIT: The hours worked will not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined. • UNEMPLOYMENT INSURANCE: Mr. Greek will warrant that he has not received unemployment insurance payments in the last 12 months for previous retired annuitant work with any other CalPERS employer.
• EMPLOYMENT SCHEDULE. The schedule shall be flexible up to 40 hours per week to allow the Interim Finance Director to properly assess operations and address priorities.
• ENROLLMENT IN MYCALPERS SYSTEM: Mr. Greek will be enrolled as a retired annuitant and the pay-rate with hours worked will be reported in the myCalPERS system. No retirement contributions are reported by the City for retired annuitants.

It is recommended the City Council consider the information provided, adopt the resolution ratifying the appointment of Rodney Greek as Interim Finance Director/Treasurer and approve the Retired Annuitant Interim Employment Agreement.

January 11, 2023
Interim Finance Director Agreement

Page 3 of 3 ends

CEQA COMPLIANCE STATEMENT:

Not a project as defined under CEQA.

FISCAL IMPACT:

The cost to the City from the appointment of the Interim Finance Director will be $97.21 per hour, as specified in the agreement. If working the full 960 hours per fiscal year, the total cost would not exceed $93,321.60. There will be savings in the 2022-2023 fiscal year budgets from the vacancy of the permanent Finance Director/Treasurer to fully offset the costs of employing a retired annuitant.

WORK PLAN:

N/A
OPTIONS:
• Adopt Resolution 2023-011 Ratifying the Appointment of Rodney Greek as Interim Finance Director/Treasurer and Approve Retired Annuitant Interim Employment Agreement.
• The City Council may opt to direct the City Manager to consider other candidates and/or conduct a full recruitment for an Interim Finance Director/Treasurer.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2023-011 ratifying the appointment of Rodney Greek as Interim Finance Director/Treasurer and approve the retired annuitant interim employment agreement.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2023-011 Ratifying the Appointment of Retired Annuitant

2. Retired Annuitant Interim Employment Agreement
RESOLUTION 2023-011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, RATIFYING THE

APPOINTMENT OF RODNEY GREEK AS INTERIM FINANCE

DIRECTOR/TREASURER AND AUTHORIZING THE CITY

MANAGER TO EXECUTE AN INTERIM FINANCE DIRECTOR

EMPLOYMENT AGREEMENT
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council desires to appoint Rodney Greek as an interim appointment retired annuitant to the vacant position of Interim Finance Director for the City under Gov. Code section 21221(h), effective October 7, 2022; and WHEREAS, the position of Interim Finance Director requires specialized knowledge and skills; and
WHEREAS, Rodney Greek served as the Controller for the San Diego County Water Authority and the Deputy Director of Finance and Information Technology for the City of San Diego; and
WHEREAS, the City desires to employ Rodney Greek as Interim Finance Director because of his unique knowledge and experience during the recruitment process and until a permanent director has been selected and hired; and WHEREAS, the City Council, the City, and Rodney Greek certify that Rodney Greek has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the recruitment for a permanent appointment commenced on October 5, 2022; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on the first of the following to occur: (i) upon the employment commencement date of a permanent Finance Director employed by CITY; or (ii) upon GREEK working his 960th hour for CITY including hours worked for other CalPERS Resolution 2023-011
Interim Finance Director/Treasurer Contract

Page 2 of 2 ends

Agencies during CITY’S 2022-2023 fiscal year as a retired annuitant; or (iii) upon termination of the Agreement; and
WHEREAS, the entire employment agreement, contract or appointment document between Rodney Greek and the City has been reviewed by this body and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $16,849.73 and the hourly equivalent is $97.21, and the minimum base salary for this position is $10,530.00 and the hourly equivalent is $60.75; and
WHEREAS, the hourly rate paid to Rodney Greek will be $97.21; and WHEREAS, Rodney Greek has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
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 ratifies the appointment and authorizes the City Manager to execute an Interim Finance Director Employment Agreement between the City of Coronado and Rodney Greek.

PASSED AND ADOPTED this 11th day of January, 2023, at a regular meeting of the City Council of the City of Solana Beach, California 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 SD #4864-9210-6054 v1
08196-0006
1 RETIRED ANNUITANT INTERIM EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) by and between the City of Solana Beach (“CITY”), a California municipal corporation, and Rodney Greek (“GREEK”) an individual, on the following terms and conditions and shall become effective as of October 7, 2022.

RECITALS
A. CITY desires to employ the services of GREEK, as its Interim Finance Director/Treasurer, temporarily, to carry out the duties and responsibilities of the Finance Director/Treasurer as provided for by the City Municipal Code, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

B. GREEK desires to accept employment as Interim Finance Director/Treasurer in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

C. CITY has commenced an open recruitment to permanently fill the vacant position of Finance Director/Treasurer. During the recruitment period, the CITY has an immediate need for an Interim Finance Director/Treasurer, a position involving specialized skills and training and which is critically necessary to the on-going duties and functions of the CITY.

D. GREEK represents that he is a retired annuitant and person receiving a benefit from the California Public Employees’ Retirement System (“CalPERS”) within the meaning of Government Code §§ 7522.56 and 21221(h). GREEK acknowledges that he is restricted to working no more than a combined 960 hours for City, a state agency, or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during City’s 2022-2023 fiscal year, and that his compensation is statutorily limited as provided in Government Code § 21221(h). GREEK represents that he has not received any unemployment compensation from any CalPERS Agencies during the 12-month period preceding the effective date of this Agreement. GREEK further represents his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement; that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that he has attained normal retirement age within the meaning of Government Code § 21220.5.

E. CITY has determined that it is necessary to hire GREEK by virtue of his significant experience in local government as a controller and a deputy director of finance and information technology for other agencies.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as follows:
-
-
SD #4864-9210-6054 v1
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2 1. Position and Duties.

1.1Position. CITY hereby employs Greek as the Interim Finance Director/Treasurer for the CITY to perform the functions and duties of the Finance Director/Treasurer as provided under the Solana Beach Municipal Code section 2.12.040, and to perform such other legally permissible and proper functions and duties as the City Manager shall, from time-to-time, direct or assign. GREEK shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote his best efforts and full-time attention thereto.

1.2Term. This Agreement shall become effective on October 7, 2022 and GREEK shall commence the performance of his duties as the Interim Finance Director/Treasurer on October 7, 2022 (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Finance Director/Treasurer employed by CITY; or (ii) upon GREEK working his 960th hour for CITY including hours worked for other CalPERS Agencies during CITY’S 2022-2023 fiscal year as a retired annuitant; or (iii) upon termination of the Agreement by either GREEK or CITY as provided in Section 4 [Termination] of this Agreement.

1.3 At-Will. GREEK acknowledges that he is an at-will, temporary employee of CITY who shall serve at the pleasure of the City Council at all times during the period of his service hereunder. The terms of CITY’s personnel rules, policies, regulations, procedures, ordinances, and resolutions (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to GREEK, and nothing in this Agreement is intended to, or does, confer upon GREEK any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of GREEK, as provided in Section 1.2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of GREEK to resign at any time from this position with CITY, subject only to the provisions set forth in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. This at-will Employment Agreement shall be expressly subject to the rights and obligations of CITY and GREEK, as set forth in Section 1.2 [Term] or Section 4 [Termination] below.

1.4 Duties. GREEK shall serve as the Interim Finance Director/Treasurer and shall be for the term of this Agreement vested with the powers, duties and responsibilities of the Finance Director/Treasurer as set forth in ordinances and resolutions of the City, including without limitation, those set forth in the City’s Municipal Code and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign. Without additional compensation, GREEK shall provide such other services as are customary and appropriate to the position of Interim Finance Director/Treasurer.

GREEK shall devote his best efforts and full-time attention to the performance of these duties.

SD #4864-9210-6054 v1
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3 1.5Hours of Work. GREEK shall devote the time necessary to adequately perform his duties as Interim Finance Director/Treasurer. The parties anticipate that GREEK will work up to forty (40) hours per week during normal City business hours as well as outside of the normal business hours as appropriate. However, in no event shall GREEK be required or permitted to work in excess of nine hundred sixty (960) hours during City’s 2022-2023 fiscal year, or during subsequent fiscal years. The position of Interim Finance Director/Treasurer shall be deemed an exempt position under Federal and California wage and hour law.

1.6 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, GREEK shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of GREEK’s duties as Interim Finance Director/Treasurer

1.7 Reimbursement. CITY shall reimburse GREEK for reasonable and necessary travel, subsistence and other business expenses incurred by GREEK in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

2. Compensation.

2.1Rate of Pay. For all services performed by Greeks the Interim Finance Director/Treasurer under this Agreement, CITY shall pay GREEK compensation at the rate of Ninety-Seven Dollars and Twenty-One Cents ($97.21) per hour according to the payroll schedule in place for CITY employees paid bi-weekly subject to the limitations provided below. GREEK shall submit all itemized requests for payment to the City Manager who shall approve all requests for payment under this Agreement.

2.2Compliance with CalPERS Requirements. It is the intent of the parties to compensate GREEK only to the extent permitted under Government Code §§ 21221(h) and 7522.56(d) and corresponding CalPERS regulations and policy statements. The parties acknowledge and agree that the rate of pay set forth above does not exceed the salary limitations established by CalPERS based on the salary as set forth in the CITY’S publicly available salary schedule. The Rate of Pay is calculated by taking the monthly base salary for the Finance Director/Treasurer and dividing it by 173.333 to equal an hourly rate of Ninety-Seven Dollars and Twenty-One Cents ($97.21).

2.2.1 Recording and Reporting of Hours Worked. GREEK will comply with all applicable CalPERS regulations governing employment after retirement including recording and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CalPERS. Additionally, GREEK shall keep CITY continually apprised of any hours worked by GREEK for other CalPERS Agencies during the term of this Agreement.

SD #4864-9210-6054 v1
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4 2.3 Benefits.

2.3.1 No Benefits. GREEK shall not receive from CITY any benefits CITY commonly provides to its employees including, without limitation, health, dental, or vision insurance coverage, life insurance, employee assistance programs, and similar benefits.

3. Vacation and Leave.

3.1 No Leave. GREEK and CITY agree that GREEK shall not be provided or accrue any personal time off, vacation, sick leave, administrative leave, paid holidays or similar leave benefits.

4. Termination.

4.1 By CITY. This Agreement may be terminated by CITY for any reason five (5) days after notice in writing to GREEK of such termination. CITY’s only obligation in the event of such termination will be payment to GREEK of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to CalPERS statutory or regulatory requirements.

4.2 By GREEK. This Agreement may be terminated by GREEK for any reason thirty (30) days after notice in writing to CITY of such termination. CITY shall have the option, in its complete discretion, to make GREEK’s termination effective at any time prior to the end of such period, provided CITY pays GREEK all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day actually worked.

4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 1.2 [Term].

4.4 Termination Obligations. GREEK agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of GREEK’s employment. GREEK’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.

4.5 Benefits upon Termination. All benefits to which Greeks entitled under this Agreement shall cease upon GREEK’s termination in accordance with this Section 4, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to GREEK, or unless otherwise required by law.

4.6 Proprietary Information.

SD #4864-9210-6054 v1
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5 “Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY(or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his/her employment or otherwise produced or acquired by or on behalf of CITY. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by CITY, GREEK shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, GREEK shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. GREEK’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

5. Conflict Of Interest.

GREEK represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.

6. General Provisions.

6.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions.

6.2 Vehicle Operation. GREEK shall operate any vehicle used in connection with the performance of his duties as Interim Finance Director/Treasurer in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile’s driver’s license during the period of employment.

6.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or email or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and/or at the last known address maintained in GREEK’s personnel file. GREEK agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of Solana Beach
635 Hwy 101
Solana Beach, CA 92075
Attn: Mayor and City Council
Interim Finance Director/Treasurer’s Address:

Rodney Greek
SD #4864-9210-6054 v1
08196-0006
6 [Deliver to last updated address in personnel file]

6.4 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify, defend, and hold GREEK harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during GREEK’s tenure as Interim Finance Director/Treasurer.

6.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of GREEK’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of GREEK’s and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to GREEK and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

6.6 Amendments. This Agreement may not be amended except in a written document signed by GREEK approved by the City Council and signed by City Manager.

6.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

6.8 Assignment. GREEK shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to GREEK, assign its rights and obligations hereunder.

6.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

6.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in San Diego, State of California.

6.11 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

SD #4864-9210-6054 v1
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7 6.12 Acknowledgment. GREEK acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its City Manager and GREEK has signed and executed this Agreement, as of the date first indicated above.

INTERIM FINANCE DIRECTOR/TREASURER CITY OF SOLANA BEACH ____________________________ ___________________________ Rodney Greek Gregory Wade, City Manager
APPROVED AS TO FORM:
___________________________
Johanna N. Canlas
City Attorney
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.1.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 11, 2023
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for a DRP, SDP, and SDP Waiver to Demolish a Single-Family Residence, Construct a
Replacement Two-Story Single-Family Residence with an
Attached Three-Car Garage, and Perform Associated Site
Improvements at 437 Marview Drive (Applicants: Tom and
Marti Bertolino; Application: DRP21-009/SDP21-010; APN:
263-160-44; Resolution No. 2023-006)
BACKGROUND:

The Applicants, Tom and Marti Bertolino, are requesting City Council approval of a Development Review Permit (DRP), Structure Development Permit (SDP), and SDP Waiver to demolish a single-story single-family residence, construct a replacement 4,074 square-foot, two-story single-family residence with a 742 square-foot street-level threecar garage, and perform associated site improvements at 437 Marview Drive. The 14,178 square-foot lot is located within the Low Residential (LR) Zone and the Scaled Residential Overlay Zone (SROZ). The project proposes grading in the amounts of approximately:
120 cubic yards of cut and 50 cubic yards of fill located outside of the structure footprint; 850 cubic yards of cut and 20 cubic yards of fill located below the structure; 50 cubic yards of excavation for footings; an aggregate grading quantity of 1,090 cubic yards, and 900 cubic yards of export. The proposed maximum building height is 25.0 feet above the proposed grade with the highest point of the residence at 299.5 feet above Mean Sea Level (MSL).

The project meets three thresholds for the requirement of a DRP, including: 1) grading in excess of 100 cubic yards; 2) construction in excess of 60 percent of the maximum allowable floor area; and 3) construction of a second story that exceeds 35 percent of the floor area of the first floor. The project requires an SDP because the proposed development exceeds 16 feet in height above the pre-existing grade.

January 11, 2023
DRP21-009/SDP21-010
437 Marview Drive - Bertolino Residence

Page 2 of 16 ends

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2023-006 (Attachment 1). The project plans are included in Attachment 2.

DISCUSSION:

The relatively square shaped 14,178 square-foot lot fronts on the west side of Marview Drive. The topography of the eastern two-thirds of the lot slopes gently away from Marview Drive and then transitions to an approximately two-to-one (2:1 or 50 percent) undeveloped vegetated slope in the rear (west portion) of the lot. The bottom (or “toe”) of the slope is located on the adjacent properties to the west. The subject property is not located in the Hillside Overlay Zone (HOZ) nor does the rear slope meet the definition of an “Inland Bluff” as defined in the Solana Beach Municipal Code (SBMC). Therefore, there are no applicable objective development standards related to topography that would limit development within the rear portion of the lot. However, the Applicants provided professional geotechnical analysis, which evaluated the existing slope stability and confirmed that the proposed development would not negatively impact the slope.

Additionally, the Applicants analyzed existing drainage patterns and prepared a drainage plan to prevent additional runoff over the slope. The geotechnical and drainage analysis is further examined later in this report.

The rear portion of the lot is mapped as a potential Environmentally Sensitive Habitat Area (ESHA) and specifically designated as “Southern Maritime Chaparral – Disturbed” in the City’s adopted Local Coastal Plan (LCP) Land Use Plan (LUP) ESHA Map (Exhibit 3-6). The proposed project was evaluated and found to be consistent with the applicable LUP policies that protect ESHA. Additional analysis of the project’s consistency with the LUP is provided later in this report.

The existing single-story, single-family residence is located on the eastern half of the property and setback 5 feet from the northern property line and 33 feet from the southern property line, leaving a westward view corridor through the southern end of the property for neighbors on the east side of Marview Drive. The existing residence is built on a raised foundation with crawlspace below, and there is a walk-out deck on the west side of the residence. The rear slope is vegetated and undeveloped. The property is currently accessed from Marview Drive on the northern side of the property with a driveway to a two-car garage and a walkway to an uncovered courtyard and the main entry to the residence.

The Applicants are requesting approval of a DRP and SDP to demolish the existing residence and yard improvements and construct a replacement two-story, single-family residence that would appear as a single-story from Marview Drive with a two-car garage on the main (street) level and a lower level built into the existing grade. Associated site improvements would include grading, drainage, and hardscape improvements, a spa, a bocce ball court, and landscaping. The Applicants are also requesting approval of an SDP Waiver to waive the requirement to send an additional notice for a minor change to the proposed building envelope after the original story poles were noticed for the 30-day SDP January 11, 2023
DRP21-009/SDP21-010
437 Marview Drive - Bertolino Residence

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Notice and deadline to file for View Assessment. Further discussions of the SDP and Waiver are included later in this report. The project plans are included in Attachment 2.

Table 1, below, provides a comparison of the SBMC applicable zoning regulations with the Applicants’ proposed design.

Table 1

LOT INFORMATION
Property Address:

Lot Size:

Max. Allowable Floor Area:

Proposed Floor Area:

Below Max. Floor Area by:

Max. Allowable Height:

Max. Proposed Height:

Highest Point/Ridge:

Overlay Zone(s):
437 Marview Drive
14,178 sf
4,431 sf
4,416 sf
15 sf
25 ft

25.0 ft
299.5 MSL
SROZ
Zoning Designation:
# Units Allowed:
# Units Requested:

LR (3 du/ac)
1 SFR, 1 ADU, 1JADU
1 SFR
Setbacks: (d) Required Proposed
Front (E) 20 ft 20 ft
Interior Side (N) 5 ft 6 ft
Interior Side (S) 5 ft 17 ft
Rear (W) 25 ft 35 ft

PROPOSED PROJECT INFORMATION
Proposed Floor Area Breakdown: Required Permits:

DRP: grading in excess of 100 cubic yards;
construction that exceeds 60% of the maximum
allowable floor area; and construction of a second
story that exceeds 35% of the first floor.

SDP: a new structure that exceeds 16 feet in
height from the existing grade & a SDP Waiver for
massing outside of the original story pole
envelope noticed to neighbors
Main Level Living Area
Lower Level Living Area
Main Level Garage
2,894 sf
1,180 sf
742 sf
Subtotal
Off-Street Parking Exemption
4,816 sf
- 400 sf
Total Proposed Floor Area: 4,416 sf
Proposed Grading: 120 cy of cut and 50 cy of fill outside of the structure footprint; 850 cy of cut and 20 cy of fill below the structure; 50 cy of excavation for footings;; an aggregate grading quantity of 1,090 cy; and 900 CY of export off site
Required Off-Street Parking: 2
Proposed Parking: 3 Garage
Proposed Fences and Walls: Yes
Proposed Accessory Structure: No
Existing Development:

Single-family residence with attached garage
Staff has prepared draft findings for approval of the DRP in the attached Resolution 2023- 006 for Council’s consideration based upon the information in this report. The applicable SBMC sections are provided in italicized text and recommended conditions of approval from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

The following is a discussion of the findings for a DRP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2023-006.

January 11, 2023
DRP21-009/SDP21-010
437 Marview Drive - Bertolino Residence

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Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required because the proposed development includes grading in excess of 100 cubic yards, construction of a residence in excess of 60 percent of the maximum allowable floor area for the property, and construction of a second story that exceeds 35 percent of the first floor. The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made. If the findings cannot be made, the Council shall deny the DRP. Resolution 2023-006 provides the full discussion of the findings.

1. The proposed development is consistent with the general plan and all applicable requirements of the zoning ordinance including special regulations, overlay zones, and specific plans.

2. The proposed development complies with the development review criteria.

3. All required permits and approvals issued by the city, including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.

4. 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 Applicants obtaining the required permit or approval from the other agency.

DRP Finding #1
General Plan Consistency
The proposed project may be found consistent with the General Plan, which designates the property as Low Density Residential and is intended for single-family residences developed at a maximum density of three dwelling units per acre. The proposed development could be found to be 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.

Specific Plans and Special Overlays
The property is also located in the SROZ, which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.

The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicants will be required to obtain a Coastal Development Permit, Waiver, January 11, 2023
DRP21-009/SDP21-010
437 Marview Drive - Bertolino Residence

Page 5 of 16 ends

or Exemption from the California Coastal Commission prior to the issuance of building or grading permits.

Local Coastal Plan/Land Use Plan Consistency
The Solana Beach City Council adopted an LCP/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 LUP includes regulations that prevent degradation of ESHA from new development.

As previously mentioned, there is mapped potential ESHA on the rear slope of the subject property. The Applicants’ representative and biological resources consultant, William Everett with Everett and Associates Environmental Consultants, provided an Initial Inventory of Biological Resources (Attachment 3), which concluded that the adjacent habitat area was low in value and the proposed project, including expansion of the development footprint, would not have a negative effect on sensitive species or habitat value. The analysis was peer-reviewed by the City’s environmental and biological consultant, Sonya Vargas and Daryl Koutnik with Environmental Science and Associates (ESA) and found to be complete and consistent with the provisions of the LUP (Attachment 4). ESA concluded that the proposed development is consistent with the Coastal Act and Chapter 3 of the LUP, in that the proposed development footprint would not directly impact ESHA as the native vegetation does not qualify as an ESHA. With completion of the project, the area supporting native vegetation still retains qualities of an ESHA in that it supportshabitat for rare species.

The proposed project could be found to be consistent with the LCP/LUP as the proposed development preserves the existing native habitat while also providing and increased native buffer on the western slope. Staff has included conditions of approval in the draft resolution of approval to ensure preservation of native vegetation and sensitive species.

Zoning Ordinance Consistency
SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.

Minimum Yards/Setbacks:

Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach official zoning map. The setback January 11, 2023
DRP21-009/SDP21-010
437 Marview Drive - Bertolino Residence

Page 6 of 16 ends

designator for the subject property is “d”, which requires 25-foot front and rear yard setbacks and 5-foot interior side yard setbacks. Pursuant to SBMC Section

17.20.030(D)(1)(b), lots that front on a “public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.” The public right-of-way of Marview Drive is 60 feet wide, therefore, the required front yard setback would be reduced to 20 feet. The project includes allowable encroachments into the rear-yard setback, including a bocce ball court and spa. As designed, the project meets all required setbacks.

Maximum Floor Area Ratio:

The property is located within the boundaries of the SROZ, which specifies a tiered calculation for maximum allowable floor area. The maximum allowable floor area calculation for the 14,178 square-foot lot, pursuant to the provisions of the SROZ, is as follows:

0.50 for first 6,000 ft2

0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,431 ft2
Maximum Allowable Floor Area: 4,431 ft2
The Applicants are proposing to demolish all existing structures and construct a replacement 4,047 square-foot, two-story single-family residence with a 742 square-foot three-car garage. The project is afforded a floor area exemption for off-street parking. The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, 200 square feet of floor area is exempted for each required space. The proposed 742 square-foot garage would accommodate three unobstructed parking spaces and two spaces are required for the single-family development; therefore, 400 square feet of the garage is exempt from the calculation of floor area. With the applicable exemption, the total proposed floor area of the project would be 4,416 square feet, which is 15 square feet below the maximum allowable for the property.

Maximum Building Height:

The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 25.0 feet above the proposed grade with the highest portion of the structure to be at 298.5 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 an SDP.

Compliance with those provisions is discussed later in this report.

Required Off-Street Parking:

A single-family residence requires two off-street parking spaces, pursuant to SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM). Two unobstructed 9-foot by 19-foot parking spaces would be accommodated within the proposed three-car garage.

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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 Applicants are proposing to remove the majority of the existing fencing and construct new perimeter fencing to enclose the property and meet pool/spa safety requirements.

The fencing would include a 42-inch solid stucco site wall with a 24-inch wood fence above located along the front property line and enclosing the southern portion of the yard.

The northern property line adjacent to the driveway would include a 42-inch-tall solid stucco site wall as well as various retaining walls to step the property following the descending grade. A portion of the existing fence along the southern property line would remain and both side property lines’ (north and south) fencing would transition to a 6-foottall solid wood fence and then a 5-foot tall vinyl coated chain link toward the rear (west) and along the rear property line.

Currently, the plans show fences and walls that comply with the requirements of SBMC

17.20.040(O) and 17.60.070(C). If the Applicants decide to modify any of the proposed fences and walls or construct additional fences and walls on the project site, a condition of project approval requires compliance with the Municipal Code.

Landscape:

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 Applicants provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicants 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 approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.

DRP Finding #2
The development review criteria topics referenced in DRP Finding #2 are listed below with further discussion as to how they relate to the proposed Project:

1. Relationship with Adjacent Land Uses

2. Building and Structure Placement

3. Landscaping

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5. Grading

6. Lighting

7. Usable Open Space
Relationship with Adjacent Land Uses:

The property is located within the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story single-family residences.

Neighborhood Comparison:

Staff compared the proposed project to 36 other properties within the surrounding area.

This area includes properties on both sides of Marview Drive, Marview Lane and Ford Avenue, as shown on the map below.

The properties evaluated in this comparison are also located in the LR Zone. The existing homes range in size from 1,468 square feet to 5,358 square feet, according to the County Assessor records. It should be noted that the County Assessor does not include the garages in the total square footage but does include finished basements. Accordingly, the building area of the proposed project has been calculated for comparison purposes by deleting the area of the proposed garage. Comparatively, the project would be 4,074 square feet (see below).

Project Gross Building Area: 4,816 ft2
536
530
522
514
508
438
339
331
323
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Delete Attached Garage: - 742 ft2
Project Area for Comparison to Assessor’s Data: 4,074 ft2 Table 2 (below) is based upon County Assessor SanGIS data. It contains approximate lot size, existing square footage, and maximum allowable floor area for each neighboring property.

Table 2
# Property Address
Lot Size in
ft2
(GIS)
Existing ft2
Onsite
(Assessor’s)
Proposed /
Recently
Approved ft2
Max.

Allowable ft2 Zone
1 477 Marview Dr 12,100 3,341 4,068 LR
2 459 Marview Dr 10,900 4,489 3,858 LR
3 445 Marview Dr 11,100 3,932 3,893 LR
4 437 Marview Dr 14,178 2,223 4,074 4,431 LR
5 425 Marview Dr 8,700 2,579 3,473 LR
6 415 Marview Dr 7,800 2,548 3,315 LR
7 407 Marview Dr 14,629 3,185 4,510 LR
8 403 Marview Dr 33,961 3,509 5,773 LR
9 400 Marview Dr 48,466 4,800 6,498 LR
10 404 Marview Dr 30,529 4,800 5,601 LR
11 412 Marview Dr 18,081 3,068 4,883 LR
12 422 Marview Dr 25,944 3,084 5,372 LR
13 434 Marview Dr 26,889 2,130 5,419 LR
14 448 Marview Dr 32,670 2,067 5,709 LR
15 452 Marview Dr 28,314 2,633 5,491 LR
16 464 Marview Dr 28,314 1,488 5,491 LR
17 476 Marview Dr 9,700 2,124 3,564 3,648 LR
18 516 Ford Ave 13,919 Vacant 3,863 4,386 LR
19 524 Ford Ave 28,750 3,501 5,513 LR
20 525 Ford Ave 11,854 1,612 3,896 4,025 LR
21 517 Ford Ave 13,872 2,110 4,203 LR
22 505 Ford Ave 12,797 4,550 4,189 LR
23 521 Marview Dr 14,200 5,358 4,435 LR
24 501 Marview Dr 10,600 3,083 3,805 LR
25 481 Marview Ln 10,000 3,654 3,700 LR
26 450 Marview Ln 11,300 2,257 3,928 LR
27 444 Marview Ln 9,010 2,766 3,527 LR
28 436 Marview Ln 14,000 3,363 4,400 LR
29 431 Marview Dr 13,645 Vacant 3,883 4,338 LR
30 437 Marview Ln 6,500 2,177 3,088 LR
31 443 Marview Ln 9,000 2,686 3,525 LR
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32 449 Marview Ln 9,000 2,043 3,525 LR
33 455 Marview Ln 10,900 2,855 3,858 LR
34 461 Marview Ln 12,800 3,851 4,190 LR
35 475 Marview Ln 11,553 1,468 3,941 3,972 LR
36 Marview Ln 6,000 Vacant 3,000 LR
37 Marview Ln 4,000 Vacant 2,650 LR
The project, as designed, is consistent with the permitted uses for the LR Zone as described in SBMC Sections 17.20.010 and 17.12.020. The maximum proposed floor area would be 15 square feet below the maximum allowable and the square footage of the project would fall within the range of adjacent residential development.

Building and Structure Placement:

The proposed residence would be located in the same general area as the existing residence and entirely within the buildable area. The residence would have the appearance of a single-story from the front of the property on Marview Drive. The 2,894 square-foot main level would include the main entry, an open concept kitchen, living and dining room, a pantry, a laundry room, a powder room, the primary bedroom suite, a bedroom with an ensuite bathroom, and an office. The great room would open to a 1,445 square-foot west-facing partially covered deck. The main level would include the attached 742 square-foot three-car garage. Though it would not meet the requirements of a basement in the SROZ due to the amount of exposure, the lower level would be built into the existing grade and walkout on the west side. The lower level would include a second bedroom with an ensuite bathroom, a family room, an interior powder room, and laundry closet. The patio on the west side of the residence would include a covered outdoor area that would be exempt from floor area, a powder room, a spa, and a bocce ball court.

The building and structure placement is located along the northern side yard setback, while maintaining a 17-foot side yard setback on the southern side in order to preserve the existing view corridor over the southern side of the property. The design includes a staggered façade along the front yard setback. The yard improvements would be located further west than the existing development, however, the structure would maintain a 35- foot setback from the rear (west) property line.

Landscape:

The proposed landscape plan includes two accent trees from a list of optional species ranging in maximum height from 20 to 40 feet. The trees would be located in the front yard at the same relative elevation as Marview Drive. The landscape plan also includes a variety of shrubs ranging in height from 4 to 6 feet with one species noted to range from 15 to 40 feet and located “in areas outside of view corridors”. However, the referenced “view corridors” are not depicted on the landscape plan.

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The landscape plan includes preservation of the existing native landscape located along the southern three-quarters of the rear (west) property line. The remaining rear slope would be planted with a native landscape to aid in slope stability and provide a buffer between the native vegetation and the developed portion of the lot.

In addition to complying with the water efficient landscape regulations, the Applicants would also be required to submit a landscape construction plan in substantial conformance with the conceptual planting plan presented to the City Council should the City Council approve the project. Generally, any alternative tree and shrub species proposed during the plan check or construction phase shall have the same (or lesser) mature height and location as the conceptual plan approved by the City Council in order to be approved ministerially by Staff. Otherwise, increases in trees or shrub mature heights or adding new planting locations would require City Council approval of a Modification to the DRP. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydrozone. A condition has also been added to require that native or drought-tolerant and noninvasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

Roads, Pedestrian Walkways, Parking, and Storage Areas:

The two required off-street parking spaces would be located within the attached 742 square-foot main level three-car garage. The garage would be accessed by a driveway from Marview Drive along the north side of the property in the same footprint as the existing driveway. Pedestrian access to the property would be taken from a walkway from Marview Drive in the center of the property. The trash enclosure would be located along the northern side yard.

Grading:

The project proposes grading in the amounts of approximately: 120 cubic yards of cut and 50 cubic yards of fill located outside of the structure footprint; 850 cubic yards of cut and 20 cubic yards of fill located below the structure; 50 cubic yards of excavation for footings; an aggregate grading quantity of 1,090 cubic yards, and 900 cubic yards of export. The majority of the grading is associated with the proposed excavation to build the lower level of the residence into the existing slope and construct the proposed walkout patio and lower yard area. The existing slope in the westernmost portion of the lot would be preserved with the project and portions revegetated with native landscape to improve slope stability.

Lighting:

A condition of project approval requires that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light January 11, 2023
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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.

Usable Open Space:

The project consists of the construction of a replacement single-family residence with a three-car garage on a developed residential lot. Therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section

17.20.040. As a condition of project approval, the Applicants will be required to pay the applicable Park Development Fee.

Structure Development Permit Compliance:

The proposed structure exceeds 16 feet in height above the existing grade, therefore, the project must comply with all of the View Assessment requirements of SBMC Chapter

17.63 and the Applicants were required to complete the SDP process. The original Story Pole Height Certification was certified by a licensed land surveyor on March 14, 2022, showing a maximum building height of 25.0 feet above the proposed grade (298.5 feet above MSL) and the highest portion of the building at 299.5 feet above MSL (18.03 feet above the proposed grade). SDP notices were mailed to property owners and occupants within 300 feet of the project site establishing a deadline to file for View Assessment by April 21, 2022. The City received one application for View Assessment from the adjacent neighbors to the north, Joe and Diana Driscoll, at 445 Marview Drive.

After coordination with the Driscolls, the Applicants modified the design to pull back both the massing of the primary bedroom suite and a portion of the deck toward the east to preserve and southwestern view from the Driscolls’ office. These changes were within the original story pole envelope. The Driscolls withdrew their application for View Assessment as a result of the proposed changes.

To accommodate the change to the primary suite, the Applicants also proposed to shift the location of the garage approximately two feet to the east, which would extend outside of the original story pole envelope. The Applicants re-story poled the newly proposed massing outside of the original story pole envelope and have requested City Council approval to waive the requirement for the new massing to be noticed to neighbors with a new 30-day deadline to file for View Assessment. The City Council may approve the SDP Waiver if they find the minor change would have no likelihood of impairing a view. The Applicants have communicated this request to the surrounding neighbors on Marview Drive and received general support.

If the Council is able to support the SDP Waiver and make the required findings to approve the DRP, the SDP would be approved administratively. A condition of approval has been added to the Draft Resolution of Approval (Attachment 1) to require that the Applicants submit a height certification prepared by a licensed land surveyor prior to the framing inspection certifying that the maximum height of the proposed addition will not exceed 25.0 feet above the proposed grade (298.5 feet above MSL) or that the highest portion of the residence would not exceed 299.5 feet above MSL (or 18.03 feet above the January 11, 2023
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proposed grade), should the City Council make the necessary finding to approve the project.

The Draft Resolution of Approval (Attachment 1) includes findings in support of the DRP.

The Draft Resolution of Approval includes the applicable SBMC sections in italicized text and the recommended conditions of approval from the Community Development, Engineering, and Fire Departments. An additional condition of approval requires that the Applicants obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of Building or Grading Permits. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

Geotechnical Investigation:

The subject site is located on the west side of Marview Drive with general mild topography sloping from east to west. There is a relatively steep slope along the west side and beyond the westerly property line with varying elevation differential of approximately 15 to 20 feet.

A comprehensive geotechnical investigation was prepared for the proposed project site in September 2020. Subsurface explorations were conducted on site under the observation of a soil engineer, undisturbed soil samples were collected, and laboratory testing was performed. This investigation was later updated and supplemented by performing additional analysis in response to City Staff and the City’s third-party geotechnical consultant’s review comments in October of 2022. The additional analysis addressed seismic effects and slope stability along the westerly property line.

Upon completion of the review of all relevant reports and additional addendums including slope stability analysis, the geotechnical report concluded that the development of the subject project will not have a detrimental effect on the downslope properties and its existing slope, provided surface drainage is not allowed to travel west downslope to these properties.

Drainage Design:

As noted above, the surface topography of the existing site is generally sloping from east to west with a relatively steep slope of varying heights of 15 to 20 feet along and beyond the westerly property boundary. The subject site is approximately 120 feet wide. There are two properties along the westerly property line where the existing drainage crosses the property line. The steep slope mentioned above is located within the property boundary of these two properties.

With respect to site drainage, according to the City’s requirements and consistent with general engineering practices, the preexisting drainage patterns, and general directions of drainage flows, are maintained to the extent feasible as part of the development and redevelopment process. In cases where drainage from one private property flows to January 11, 2023
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another private property, Staff recommends that applicants work with the adjacent property owners to explore collaborative solutions for drainage discharge methods.

For this project, due to recommendations from the City’s 3rd party geotechnical consultant, the Applicants were asked to find solutions to prevent surface run-off over the abovementioned slopes. Following Staff’s recommendations, the Applicants approached the downstream property owners to propose construction of a private subsurface drainage system to discharge the flow from the project site to Marview Lane by an underground drainage system. It is Staff’s understanding that an agreement between the property owners could not be reached.

As an alternative solution, the project engineer developed a drainage design to divert the drainage flows to Marview Drive by a pump system. It is important to note that in cases where diversion of run-off is considered, the existing drainage system downstream of the proposed diversion area is comprehensively evaluated and, if warranted, mitigation measures would be required. In this case, the downstream system can accept the additional drainage run-off, if the project is approved. This project is required to offset a minor impact due to the proposed diversion, subject to the approval of the adjacent property owner to the south (425 Marview Drive). Engineering Condition III in the attached Resolution is included to address this issue. Lastly, the proposed pump system is designed with an overflow system addressing the rare occasion when the system may overflow. The proposed emergency overflow system consists of a shallow perforated dissipater system spreading any potential overflow run-off evenly along the westerly property line well within the subject property boundary. This design duplicates the preexisting condition to the extent feasible, in the event the proposed drainage pump system fails. Additionally, the proposed drainage system including the emergency overflow dissipator would address the recommendations offered by the City’s 3rd party geotechnical consultant.

Property Frontage and Public Right-of-Way Improvements:

The existing right-of-way adjacent to this project consists of an unimproved area between the edge of pavement and property line. If approved, the Applicants would be required to construct the City-standard low profile concrete curb and provide a 10-foot wide compacted and bonded Decomposed Granite (DG) area for walking and parking purposes. Appropriate transitional sections would be constructed to match existing improvements. As mentioned above, the Applicants should work with the property owner to the south to extend the low-profile curb in front of the southerly property owner’s frontage, subject to approval by that property owner. The Applicants are also responsible to execute a Hold Harmless Agreement for the proposed drainage diversion.

Public Hearing Notice:

Notice of the City Council Public Hearing for the project was published in the Union Tribune more than 10 days prior to the public hearing. The same public notice was mailed to property owners and occupants within 300 feet of the proposed project site on December 1, 2022. Correspondence from neighboring residents is included in Attachment January 11, 2023
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5. The Applicants have provided a justification of their request for City Council approval of the project and a project timeline, which is included in Attachment 6.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3 consists of construction and location of limited numbers of new, small facilities or structures. Examples of this exemption include one single-family residence or second dwelling unit in a residential zone. In urbanized areas, up to three-single-family residences may be constructed or converted under this exemption.

FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2023-006. ∙ Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP, SDP, and SDP Waiver.
∙ Deny the project if all required findings for the DRP, SDP, and SDP Waiver cannot be made.

DEPARTMENT RECOMMENDATION:

The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan, and may be found, as conditioned, to meet the discretionary findings required to approve a DRP. Should the City Council support the SDP Waiver, the project would meet the requirements of the SDP. Therefore, should the City Council be able to make the findings to approve the DRP and SDP Waiver, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-006 conditionally approving a DRP, SDP, and SDP Waiver to demolish a single-family residence, construct a replacement 4,074 square-foot, two-story single-family residence with a 742 square-foot street-level three-car garage, and perform associated site improvements at 437 Marview Drive, Solana Beach.

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CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2023-006

2. Project Plans Dated December 1, 2022

3. Initial Inventory of Biological Resources

4. Biological Inventory Peer Review

5. Correspondence

6. Applicant’s Request for Approval
RESOLUTION 2023-006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CONDITIONALLY

APPROVING A DEVELOPMENT REVIEW PERMIT,

STRUCTURE DEVELOPMENT PERMIT, AND

STRUCTURE DEVELOPMENT PERMIT WAIVER TO

DEMOLISH A SINGLE-FAMILY RESIDENCE,
CONSTRUCT A REPLACEMENT TWO-STORY SINGLEFAMILY RESIDENCE WITH A THREE-CAR GARAGE, AND PERFORM ASSOCIATED SITE IMPROVEMETS AT 437
MARVIEW DRIVE, SOLANA BEACH, APN: 263-160-44
APPLICANTS: TOM AND MARTI BERTOLINO
APPLICATION: DRP21-009/SDP21-010
WHEREAS, Tom and Marti Bertolino (hereinafter referred to as “Applicants”), have 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 January 11, 2023, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; 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 request for a DRP, SDP, and SDP Waiver to demolish a single-story single-family residence and construct a replacement 4,074 square-foot, two-story single-family residence with a 742 square-foot three-car garage, and perform associated site improvements at 437 Marview Drive is conditionally approved based upon the following Findings and subject to the following Conditions:

III. FINDINGS
A. In accordance with Section 17.68.040 (Development Review Permit) of the Resolution 2023-006
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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 found consistent with the General Plan, which designates the property as Low Density Residential and is intended for single-family residences developed at a maximum density of three dwelling units per acre. The proposed development is found to be 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.

Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.

The proposed Project is also located within the Coastal Zone. As a condition of project approval, the Applicants will be required to obtain a Coastal Development Permit, Waiver, or Exemption from the California Coastal Commission prior to the issuance of building or grading permits.

Local Coastal Plan/Land Use Plan Consistency: The Solana Beach City Council adopted an LCP/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 LUP includes regulations that prevent degradation of ESHA from new development.

There is mapped potential ESHA on the rear slope of the subject property. The Applicants’ representative and biological resources consultant, William Everett with Everett and Associates Environmental Consultants, provided an Initial Inventory of Biological Resources, which concluded that the adjacent habitat area was low in value and the Resolution 2023-006
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proposed project, including expansion of the development footprint, would not have a negative effect on sensitive species or habitat value.

The analysis was peer-reviewed by the City’s environmental and biological consultant, Sonya Vargas and Daryl Koutnik with Environmental Science and Associates (ESA), and found to be complete and consistent with the provisions of the LUP. ESA concluded that the proposed development is consistent with the Coastal Act and Chapter 3 of the LUP, in that the proposed development footprint would not directly impact ESHA. The area supporting native vegetation would retain qualities of an ESHA in supporting habitat for rare species.

The project is found to be consistent with the LCP/LUP as the proposed development preserves the existing native habitat while also providing and increased native buffer on the western slope.

Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.

Minimum Yards/Setbacks:

Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach official zoning map. The setback designator for the subject property is “d”, which requires 25-foot front and rear yard setbacks and 5-foot interior side yard setbacks. Pursuant to SBMC Section 17.20.030(D)(1)(b), lots that front on a “public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.” The public right-of-way of Marview Drive is 60 feet wide, therefore, the required front yard setback would be reduced to 20 feet. The project includes allowable encroachments into the rear-yard setback, including a bocce ball court and spa. As designed, the project meets all required setbacks.

Maximum Floor Area Ratio:

The property is located within the boundaries of the SROZ, which specifies a tiered calculation for maximum allowable floor area. The maximum allowable floor area calculation for this project, pursuant to the provisions of the SROZ, is as follows:

0.50 for first 6,000 ft2

0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,431 ft2
Maximum Allowable Floor Area: 4,431 ft2
Resolution 2023-006
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The Applicants are proposing to demolish all existing structures and construct a replacement 4,047 square-foot, two-story single-family residence with a 742 square-foot three-car garage. The project is afforded a floor area exemption for off-street parking. The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, 200 square feet of floor area is exempted for each required space. The proposed 742 square-foot garage would accommodate three unobstructed parking spaces and two spaces are required for the single-family development; therefore, 400 square feet of the garage is exempt from the calculation of floor area. With the applicable exemption, the total proposed floor area of the project would be 4,416 square feet, which is 15 square feet below the maximum allowable for the property.

Maximum Building Height:

The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 25.0 feet above the proposed grade with the highest portion of the structure to be at 298.5 feet above MSL.

Required Off-Street Parking:

A single-family residence requires two off-street parking spaces, pursuant to SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM). Two unobstructed 9-foot by 19-foot parking spaces are proposed in the main level three-car garage.

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 project includes removal of the majority of the existing fencing and construction of new perimeter fencing to enclose the property and meet pool safety requirements. The fencing will include a 42-inch solid stucco site wall with a 24-inch wood fence above located along the front property line and enclosing the southern portion of the yard. The northern property line adjacent to the driveway would include a 42-inch tall solid stucco site wall, as well as various retaining walls to step the property following the descending grade. A portion of the existing fence along the southern property line would remain and both side property line (north and south) fencing would transition to a 6-foot tall solid wood Resolution 2023-006
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fence and then a 5-foot tall vinyl coated chain link toward the rear (west) and along the rear property line.

Currently, the plans show fences and walls that comply with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicants decide 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 comply with the Municipal Code.

Landscape:

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 Applicants provided a conceptual landscape plan that has been reviewed by the City’s thirdparty landscape architect, who has recommended approval. The Applicants 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.

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 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 LR Zone. Surrounding properties are also located within the LR Zone and are
developed with a mixture of one- and two-story single-family residences. The project, as designed, is consistent with the permitted uses for the LR Zone as described in SBMC Sections

17.20.010 and 17.12.020. The maximum proposed floor area would be 15 square feet below the maximum allowable and the square footage of the project would fall within the range of adjacent residential development. The project is found to be to be compatible in terms of scale, apparent bulk, and massing and Resolution 2023-006
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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.

The proposed residence will be located in the same general area as the existing residence and entirely within the buildable area.

The residence will have the appearance as a single-story from the front of the property on Marview Drive. The 2,894 squarefoot main level will include the main entry, an open concept kitchen, living and dining room, a pantry, a laundry room, a powder room, the primary bedroom suite, a bedroom with an ensuite bathroom, and an office. The great room will open to a 1,445 square-foot west-facing partially covered deck. The main level will include the attached 742 square-foot three-car garage.

Though it does meet the requirements of a basement in the SROZ due to the amount of exposure, the lower level will be built into the existing grade and walkout on the west side. The lower level will include a second bedroom with an ensuite bathroom, a family room, an interior powder room, and laundry closet. The patio on the west side of the residence will include a covered outdoor area that would be exempt from floor area, a powder room, a spa, and a bocce ball court.

The building and structure placement is located along the northern side yard setback, while maintaining a 17-foot side yard setback on the southern side in order to preserve the existing view corridor over the southern side of the property. The design includes a staggered façade along the front yard setback. The yard improvements will be located further west than the existing development, however the structure would maintain a 35-foot setback from the rear (west) property line.
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 proposed landscape plan includes two accent trees from a list of optional species ranging in maximum height from 20 to 40 feet. The trees would be located in the front yard at the same relative elevation as Marview Drive. The landscape plan also includes a variety of shrubs ranging in height from 4 to 6 feet with one species noted to range from 15 to 40 feet and located Resolution 2023-006
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“in areas outside of view corridors”. However, the referenced “view corridors” are not depicted on the landscape plan.

The landscape plan includes preservation of the existing native landscape located along the southern three-quarters of the rear (west) property line. The remaining rear slope would be planted with a native slope landscape to aid in slope stability and provide a buffer between the native vegetation and the developed portion of the lot.

In addition to complying with the water efficient landscape regulations, the Applicants would also be required to submit a landscape construction plan in substantial conformance with the conceptual planting plan presented to the City Council should the City Council approve the project. Generally, any alternative tree and shrub species proposed during the plan check or construction phase shall have the same (or lesser) mature height and location as the conceptual plan approved by the City Council in order to be approved ministerially by Staff. Otherwise, increases in trees or shrub mature heights or adding new planting locations would require City Council approval of a Modification to the DRP. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible. 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.

The two required off-street parking spaces will be located within the attached 742 square-foot main level three-car garage. The garage will be accessed by a driveway from Marview Drive along the north side of the property in the same footprint as the existing driveway. Pedestrian access to the property will be taken from a walkway from Marview Drive in the center of the property. The trash enclosure will be located along the northern side yard. 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 Resolution 2023-006
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be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.

The project proposes grading in the amounts of approximately:
120 cubic yards of cut and 50 cubic yards of fill located outside of the structure footprint; 850 cubic yards of cut and 20 cubic yards of fill located below the structure; 50 cubic yards of excavation for footings; an aggregate grading quantity of 1,090 cubic yards, and 900 cubic yards of export. The majority of the grading is associated with the proposed excavation to build the lower level of the residence into the existing slope and construct the proposed walk-out patio and lower yard area. The existing slope in the westernmost portion of the lot would be preserved with the project and portions revegetated with native landscape to improve slope stability.
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.

The project consists of the construction of a replacement singlefamily residence with a three-car garage on a developed residential lot. Therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section 17.20.040. As a condition of project approval, the Applicants will be 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.

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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 Applicants are 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 original Story Pole Height Certification was certified by a licensed land surveyor on March 14, 2022, showing a maximum building height of 25.0 feet above the proposed grade (298.5 feet above MSL) and the highest portion of the building at 299.5 feet above MSL (18.03 feet above the proposed grade).

SDP notices were mailed to property owners and occupants within 300 feet of the project site establishing a deadline to file for View Assessment by April 21, 2022. The City received one application for View Assessment from the adjacent neighbors to the north, Joe and Diana Driscoll, at 445 Marview Drive.

After coordination with the Driscolls, the Applicants modified the design to pull back both the massing of the primary bedroom suite and a portion of the deck toward the east to preserve and southwestern view from the Driscolls’ office.

These changes were within the original story pole envelope. The Driscolls withdrew their application for View Assessment as a result of the proposed changes.

To accommodate the change to the primary suite, the Applicants also proposed to shift the location of the garage approximately two feet to the east, which would extend outside of the original story pole envelope. The Applicants re-story poled the newly proposed massing outside of the original story pole envelope and requested City Council approval to waive the requirement for the new massing to be noticed to neighbors with a new 30- day deadline to file for View Assessment
The City Council found the minor change would have no likelihood of impairing a view and approved the SDP Waiver.

A height certification prepared by a licensed land surveyor is required prior to the framing inspection certifying that the maximum height of the proposed addition will not exceed 25.0 feet above the proposed grade (298.5 feet above MSL) or that the highest portion of the residence would not exceed 299.5 feet above MSL (or 18.03 feet above the proposed grade).

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IV. CONDITIONS
Prior to use or development of the property in reliance on this permit, the Applicants shall provide for and adhere to the following conditions:

A. Community Development Department Conditions:

I. The Applicants shall pay required Fire Mitigation, Park Development, Public Use Facilities, and Public Facilities Impact Fees.

II. Building Permit plans must be in substantial conformance with the architectural plans presented to the City Council on January 11, 2023, and located in the project file with a submittal date of December 22, 2022.

III. Prior to requesting a framing inspection, the Applicants shall submit a height certificate prepared by a licensed land surveyor certifying that the maximum height of the proposed addition will not exceed 25.0 feet above the proposed grade (298.5 feet above MSL) or that the highest portion of the residence would not exceed 299.5 feet above MSL (or

18.03 feet above the proposed grade) in conformance with the plans as approved by the City Council on January 11, 2023.

IV. 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).

V. The Applicants 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.

VI. The Applicants 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 January 11, 2023, prior to Building Permit issuance and consistent with the building construction and grading plans. The Applicants 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.

VII. Native or drought tolerant and non-invasive plant materials and water Resolution 2023-006
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conserving irrigation systems shall be incorporated into any proposed landscaping and compatible with the surrounding area to the extent feasible.

VIII. 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.

IX. Construction vehicles shall be parked on the subject property at all times feasible. If construction activity prohibits parking on the subject property, the Applicants 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.

X. The Applicants 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.

XI. In compliance with LUP Policy 3.32, the Applicants shall retain a qualified biologist with experience in the identification of nesting bird species to conduct a survey for active bird nesting within 500 feet of the project site no more than two weeks prior to the commencement of any construction activity related to the project during the bird breeding season from February 1 through September 15. Surveys must be conducted every two weeks during the breeding season. If nesting sensitive birds are detected at any time during the breeding season, the California Department of Fish and Wildlife shall be notified and an appropriate disturbance setback will be determined and imposed until the young-of-the-year are no longer reliant upon the nest.

XII. The selection of native species to be planted on the southern slope adjacent to the existing native species, shall avoid indirect impacts such as potential genetic mixing with any sensitive native species of the same genus in the areas. Only locally indigenous plant material should be used.

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 Resolution 2023-006
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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. 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.

III. 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.

IV. 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.

V. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Department.

C. Engineering Department Conditions:

I. The Applicants are required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the frontage improvements as listed below in the public right-of-way. The frontage improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project:
a. Construction of the 10-foot-wide Decomposed Granite (DG) area. b. Construction of the 9” X 9” X 12” mountable curb and concrete gutter.

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c. Construction of the SDRSD driveway approach within 2:1 transitions to the proposed DG pathway.
d. Construction of a six-foot-wide concrete spillway.
e. Landscaping in the public right-of-way.

II. The Applicants shall construct a minimum five-food-wide transitional improvements on both sides of the property frontage to match existing improvements.

III. The Applicants shall construct the City-standard 9” X 9” X 12” mountable concrete curb along the property frontage of the property to the south (425 Marview Drive), subject to approval of the adjacent property owner.

IV. The Applicants shall record a Hold Harmless Agreement prior to release of the grading bond. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicants’ property.

V. 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.

VI. Construction fencing shall be located on the subject property unless the Applicants have obtained an Encroachment Permit in accordance with SBMC Chapter 11.20 which allows otherwise.

Grading Conditions
VII. The Applicants 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 Applicants 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 grading contractor shall clearly delineate the limits of grading operation within the project site by installation of construction fencing, as defined on the grading plan.
c. The Applicants 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 Resolution 2023-006
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grading plan shall incorporate all recommendations contained in the soils report. An as-graded report shall be submitted to and approved by the City prior to release of the grading bond and issuance of occupancy.
d. The Applicants 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 the release of the Grading Bond and Security Deposit. e. The surface drainage run-off for this project shall be diverted to Marview Drive by a pump system. The Emergency overflow
system for the proposed drainage design shall be connected to a dissipator system designed to spread any potential emergency flow over the entire width of the property as shown on the preliminary grading plan. The pump discharge point at Marview Drive shall be maintained by the property owner. An
Encroachment Removal and Maintenance Agreement (EMRA)
shall be executed for the drainage discharge improvements in the right of way.
f. The Applicants 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.
g. The Applicants are 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 Applicants 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.

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h. Cut and fill slopes shall be set back from site boundaries and buildings in accordance with SBMC Section 15.40.140 and to the satisfaction of the City Engineer.
i. The Applicants 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.
j. The Applicants shall obtain and submit grading security in a form prescribed by the City Engineer.
k. The Applicants shall obtain haul permit for import / export of soil.

The Applicants shall transport all excavated material to a legal disposal site.
l. The Applicants 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 of Record and the Soils Engineer certifying the as-built conditions.
m. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicants. 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.
n. The Applicants 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.
o. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
p. No increased cross lot drainage shall be allowed.

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q. The Applicants shall obtain the Grading and Building Permits concurrently.
r. Prior to obtaining a foundation inspection on the Building Permit, the Applicants shall 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
D. City Council Conditions:

I. N/A.

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 Applicants 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.

III. INDEMNIFICATION AGREEMENT
The Applicants 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 Applicants 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 Applicants 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 Applicants 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 Applicants shall not be required to pay or perform any settlement unless such settlement is approved by the Applicants.

NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are Resolution 2023-006
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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 11th day of January, 2023, 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 PRO.JECT DIRECTORY
OWNER

TOM AND MARTI BERTOLINO
CONTACT: TOM BERTOLINO
240 CARTHAGE CT.

GRANITE BAY, CA 95 7 46
(8916) 371-3372 PHONE

ARCHITECT
EOS ARCHITECTURE INC.

CONTACT: JENNIFER BOLYN
7542 FAY AVE.

LA JCLLA, CA 9203 7
(858) 459-0575 PHONE
SURVEY
TORGERSEN SURVEYING, INC.

CONTACT:
1 012 MAR v1STA DR.

VlSTA, CA 92081
(619) 535-8674

LANDSCAPE

CARSON DOUGLAS

LANDSCAPE ARCHITECTURE
CONTACT: MICHAEL D. BRENNAN
3051 BROADWAY
SAN DIEGO, CA 92102
(619) 995-1306 PHONE
CIVIL

PASCO LARET SUITER & ASSOCIATES
CONTACT: BRIAN ARDOLINO
535 N HIGHWAY 101 STE A
SOLANA BEACH, CA 92075

SOILS REPORT
HETHERINGTON ENG .. INC.

CONTACT: MARK

HETHERINGTON
5368 ENCINAS AV,
CARLSBAD, CA 92008
(760) 931-0545

BERTOLINO RESIDENCE

SHEET INDEX

ARCHITECTURAL
CSl.O COVER SHEET
Dl DEMOLITION SITE PLAN
SPl SITE PLAN • LOWER LML
SP2 SITE PLAN · MAIN LEVEL
SP3 SITE PLAN WITH NEIGHBOR
Al.O LOWER LML FLOOR PLAN
Al.1 MAIN LEVEL FLOOR PLAN
A2.0 FAR
A3.0 ROOF PLAN
A4.0 BUILDING EXTERIOR ELEVATIONS
A4.1 BUILDING EXTERIOR ELEVATIONS
A4.2 ELEVATION WITH ADJACENT NEIGHBORS RESIDENCE
A5.0 BUILDING SECTIONS
A5.l BUILDING SECTIONS
A5.2 SECTION/ SITE SECTIONS
A6.0 STORY POLE PLAN REVlSED
A7.0 MAIN RESIDENCE 3D VlEWS
CIVIL
C 1 TOPOGRAPHIC SURVEY· SURVEY PARCEL
C2 TOPOGRAPHIC SURVEY - EXISTING HOUSE DETAIL
C3 TOPOGRAPHIC SURVEY. NEIGHBORHOOD
OVERVlEW
C4 PRELIMINARY GRADING PLAN
C5 PGP DETAILS AND SECTIONS

LANDSCAFE
L1 LANDSCAFE SITE PLAN
L2 PLANT PALETTE
L3 HYIDROZONES
437 MARVIE\N DR SOLANA

BEACH,CA
PRO.JECT INFORMATION FMCN.CUA11Q\J COVERED PATiOS
SCOPE o::: W01K FAR· N...LOWAf!l...E· FIRST 6,000 50% LO\VER LE\/i:l COVERED PAT!O tv'AIN LE\/i:l COVERED PATIO
1,213SF
785Sf 6,000 x .5 3,000 SF
NEXl 6,001-20,000 17.5%
AND RETA!M/'.IG WALLS 8,l78x 175 1.431 SF
BUllDlNG /'REA ·ALLOWABLE TOTN.. 4.43i SF
TOTAL COVERED PATIO A!'(tA
TOTAL DECK AA.EA
'.,959SF
l,445SF LEGAL THE PO/WON OF THE NOR1H\Vi:Si QUARTER OF THE PROPER1Y 8f'&AKDO\\il\l
BVL01NG Ar.f.A CA!..CutATIOO
APN
EXlS11NGUSE
ZONE
SPR1Ni<LERED
PROPOSED C-.MDlNG
263-160-4,HXJ
RESli)i;NTIAL

LRD, SROZ
YES, PER CFC SfCHON 903.2.1 l A'v..0 INSTALLED PER NfPA 13D LO'.VER LEVEL
LMNG
W~NLEVEL
LMNG
GARAGE
l.'v1PCW.Qll'- 8 220 Sf

1.l80SF HAIIDSCAFE AA.f.A 3,0JB SF
1,180SF tl/AIN RESlDENCE FOOTPR'NT 4,392 SF
F-CfMQUS 5 150 SF
3,636SF IR!?,GATED LANDSCAfE 5, 1 oe SF
WATER FEA1Uf"<E 46 SF
GROSS LOT Sift
PE.? CM~ DR,A,\'I.NGS
'.4,178SF tOif.Lr./AJNSLP.DiNGAAEA 4,816S.:

GAAAGE EXE1v'P'!lON -400SF "IT!; Gf?AQ!NG 10'.JT:'>l?; Of STRUCTURE) NETLOTSJZE 14,178SF cur 120a
I TOTA!.. &'J:L[YNG N'.EA !NCLUDED !N FAf?. 4,416 SF I FU 50CY EXCAVATION FOR FOOTl/\.'GS 50 CY
NOTES:

1. OBSTRUCTION OF ROAf:N AYS DURl~'G CONSTRUCTION: ALL ROAf:NIAYS SHALL BE A MINIMUM Of 24' IN V~DTH DURING CONSTRUCTION AND WJNTAJNED FREE AND CLEAR, INCLUDl~'G THE PARKING Of VEHICLES, IN ACCORDANCE WITH THE CALIFORNIA FIRE CODE AND THE FIRE DEPARTMENT.

2. ADDRESS NUMBERS: STREET NUMBERS: APPROVED NUMBERS ANDI OR ADDRESSES SHALL BE PlACES ON ALL NEW AND EXISTING BULD/1'.'GS AND AT APPROPRIATE ADDlTION'IL LOCATIONS 1'S TO BE PlAJNLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAfYNAY FRONTING THE PROPERlY FROM EITHER DIRECTION OF APPROACH. SAJD NUMBERS SHALL CONTRACT WITH THEIR BACKGROUND, AND SHALL MEET THE FOLLOV~NG MIN. STANDARDS 1'S 10 SIZE: 4" H'GH WITH A 1/2" STROKE WIDTH FOR RESIDENTIAL BUILDINGS, s· HIGH vmH A 112· STRIKE FOR COMMERCIAL AND MULTI-FAMILY RESIDENTIAL BUILDINGS, 12" HIGH WITH A l" STROKE FOR INDUSTRIAL BLJllDINGS. ADDITIONA.L NUMBERS SHALL BE REQLJ1RED WHERE DEEMED NECESSARY BY FIRE MARSHAL, SUCH 1'S REAR ACCESS DOORS, BLJlLDING CORNERS AND ENTRANCES 10 COMMERCIAL CENTERS.

3. AUTOMATIC FIRE SPRINKLERS SYSTEMS: ONE AND TWO FAMILY DWELLINGS: STRUCTURES SHALL BE PROTECTED BY AN AUTOMATIC FIRE SPRINKLER SYSTEM DESIGNED AND INSTALLED 10 THE SATISFACTION Of THE FIRE DEPARTMENT. PlANS FOR THE AUTOMATIC FIRE SPRINKLER SYSTEM SHALL BE APPROVED BY THE FIRE DEPARTMENT.

REWOVA!.. & RECGV?ACH-::»,/
(t.r-JDER STRUCi\Ptj O CY
TOTA!..EXPO-i11 900CY

4. SMOKE DETECTORS/ CARBON MONOXIDE AlARMS/ FIRE SPRINKLER SYSTEMS: SMOKE DETECTORS/ CARBON MONOXIDE AlARMS/flRE SPRINKLERS SHALL BE INSPECTED BY THE SOLANA BEACH FIRE

DEPARTMENT

5. CLASS "A" ROOf: ALL STRUCTURES SHALL BE PROVIDED WITH AClASS "A' ROOF COVERING TO SATISFACTION Of THE SOlANA BEACH FIRE DEPARTMENT.

6. SOLAR PHOTOVOLTAJC INSTAUATIONS {SOlAR PANELS): SOlAR PHOTOVOLTAIC SYSTEMS SHALL BE INSTALLED PER THE CALIFORNA FIRE CODE AND SOLANA BEACH FIRE DEPARTMENT REQLJ1REMENTS.

GOVERNING CODE
2019 CA BUILDING STANDARD CODE
2019 CA RESIDENTIAL CODE
2019 CA GREEN BUILDING CODE
2019 CA ELECTRICAL CODE
2019 CA MECHANICAL CODE
2019 CA PLUMBING CODE

VICINITY MAP
(a)
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architecture inc.
7542 FAY AVENUE LA JOLLA CA 92037 PH: 858.459.0575
EM<~ e:s@>:ocrc.o:m
.JENNIFER
BOLYN
Architect
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'SI'
REv1SIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEV✓
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

COVERSHEET
CS1 .0
I
'I
11 :1
; ,11
;;; lj
iii
~

MARVIEWDR
DEMOLITION SITE PLAN l/8" - l'-0'
l
l
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KEYNOTE

0.1 (E) RES1DENCE TO BE DEWDUSHED
0,2 {E) CO/\'CRETE Wk'«:,VAY iO BE REMOVED
o., {El GRAVEL TO BE REMOVED

0.4 [E) WOOD DECK TO BE RE!V,OVED

0.5 {E) ASPnALT DRN2WAY TO BE REMOVED

0.6 !El COl\'CRETE PAYERS 10 BE RHI.OVED

0.7 !E) B,(JCK PAT!O TO BE RE/\/.0\/ED

0.8 (E) BR!CK EDGER TO BE RHI.OVED
ra-1

0.9 (E) CONCRE1E PAD IO EE REMOVED
O. l O (El FE!\'CE AND GATE 10 BE REMOVED

0.11 (El RE&DENCE, NA,D

0.12 !E) WATER lv'.t:TER TO RE/v'AlN
D.13 !El ELECTRIC.Al.. W<CTER TO BE RELOCATED, PER PLAN

0.14 !E) GAS M:TER TO BE RELOCATED

0.15 (El NAH.Jf¼L VEGETATION TO REWAlN
®
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architecture inc.
7542 FAY AVENUE
lA JOLLA CA 9203 7 PH: 858.459.0575
~l:e::s@9:::a::rc.can
.JENNIFER
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Architect -
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REVISIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022

CITY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

DEMOLITION SITE
PLAN
01 I
' I

SITE PLAN - LOWER LEVEL
437 MAR'v1EWDR

SOIANA BEACH, CA
I
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t----8
j
I
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_J a
MAR'v1EWDR
I, I
II I
j' I
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KEYNOTE

0.2 SEiMCK UNE TY?
0,4 LINE OF EX!SfiNG f;.fSOtt,..'CE TO BE R£M....,"'Vt:)

0.5 UNE OF PROPOSfJ UPPER LEVEL

0.6 UNE CF PiD?OSED LONER LEVEL

0.8 HAAC'SCA?E F-tR CML A'\D LA\[)SCAPE FtA.\lS
0,9 ffi,'.)p(}SED S?A

0.12 SLPPORi COLWNSPERELEVAiiO\/

0.13 CONC:?ETE 81E S!A!i< ,AT GR.ADE LEVEL PER LANDSCAPE A"J.0 C1VL O. l 4 Lt..:'\i'".)SCAVi'. PW LA"-DSCAPE P'c.A\l
0, 15 Nf.\'J RETA!NNG WM..L PER CML PtA/\;S, \'lTH SiUCCO F-lNlY"l WMERf EXPOSED iO V.2.V

0.19 EX!STlNG TOPOC..f',AFHYPER CM:.. PLA"J

0.23 ADJACENi PRO?ER:Y. NAP
0,24 FiK)PCSED iC)?QG;M.Flf'r'. PER CML PlA'-.:S

0.28 COVERED OJiCOOR Af<fA

0.35 CONCREE SlE STAIR PER lA!xDSCA'1:: P'...A\l5

0.36 EXISTING W...i\JW. Vi:C-EiATIO\' iO REWA.!N
0 eos
architecture inc.
7542 FAY AVENUE
lA JOLLA CA 9203 7
PH: 858.459.0575
~L:e:.::s@eco::fc.can

JENNIFER
BOLYN
Architect
REv1S1ONS
04/29/2021
1 STDRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEVI
02/02/2022
4TH DRP/SDP REVIEVI
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022

CITY COLNCIL SET
PHASE
PIANNING SEi
DATE
2021-11-01
JOB NO.
20-04

SITE PIAN LOWER
LEVEL
SP1
6----
SITE PLAN MAIN LEVEL 1/8' 1'-0"
I 1 ,J 1, s +2BSC501
-- ~ -~ ------------- -~-----:~~~/ o, ~ =-- ~ - i

I / I I I
ii] ~ l
E=~
1 ~-~==~~=~~~~~~=~~=~~/~-~~-------- J ------~----~-----L /"' ·i

KEYNOTE

0.1 PilOFfRTY UNE. TYP

0.2 SETBACK UNE TYP
I
I

0.3 cor...icRETE DRIVEWAY, ACID ETCHED EXPOSED AGGREGATE COLO,?E0 CONCRETE.

PER CMl.11..A!\'DSCAPE FLANS
0,4 UNE OF EXJSTl1\'G RESIDENCE IO BE RE/v'OVED

0.7 LINE OF ROOF/ OVERHANG

0.8 HA.~DSCAPE PER CML Af\'D l.A."JDSCAPE PLANS

0.9 Pf'-OPOSED SPA
0,11 EXlSTiNG WATER W,ETERTO RENlAIN

MARVIEWDR
J ____ _
0,12 SUPPQ(T CO\JN.NS PER ELEVAT\ON

0.14 LA!\DSCAPf PER LM'DSCAPE PLAN

0.15 r>.':W RE1.A;N!NG WALL PER CML P..ANS, WlTH STUCCO FINISH WHERE EXPOSED 10 v1EW

0.16 FENCE AND GATE PER !.ANDSCADE PI.ANS

0.17 TRASH ANO RECYCUt\-'G ENCLOSURE, Pi;R LAN SCAPE P .ANS

0.19 EXJST!NG TOPOGRAPHY PER CML PLAN

0.23 ADJACENT PROPfRTY, NAP
0,24 PROPOSED TOPOGRAPHY, PER CML PLANS

0.25 500 CF STOi?/ .WATER DETENTIO\J TA\'K. PER CML Pt.ANS

0.26 NEW LOCATION ELECTRICAL SER\flCE • VERIFY LOCATION AND SIZ!NG \V!TH SDGE

0.27 EXlST!NG GAS METER TO B!: R!:LOCATED, VERlFY LOCATION AND S/Zl!\G \VlTH SDGE

0.28 COVERED OUTDOOR AREA

0.29 CENTER LI~ o;: THE STREEi

0.30 10-0' DG PAf<ll'.lNG PER CML PLM/S

0.32 9" tv.O!J\'IASLE cm-a PER CML PLANS

0.33 GAS MA!N UNE

0.34 TRENCH DRAIN PER CML

0.35 CONCRETE SITE SiAIR PER LANDSCAPE Pl.A\:S

0.36 EXJST!NG NAiURftl VEGETATION TO RtMAlN
(§)
eos
architecture inc.
7542 FAY AVENUE
LA JOLLA CA 9203 7
PH: 858.459.0575
£Mlle ea;@eaac.can
.JENNIFER
BOLYN
Architect
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REVISIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
41H DRP/SDP REVIEW
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

SITE PLAN - MAIN
LEVEL
SP2
(a)
eos
architecture inc.
7542 FAY AVENUE
lA JOLLA CA 9203 7 PH: 858.459.0575
~L: e:::::6@:e::D:rc.ccm
.JENNIFER
BOLYN
Architect
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"SI'
REv1SIONS
MARv1EWDR 04/29/2021
1ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEVI
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
NAP. PHASE NAP. PLANNING SET
NAP.

DATE
2021-11-01
JOB NO.
20-04

SITE PLAN WITH

NEIGHBOR
SITE PLAN WITH NEIGHBORHOOD -(B-z SP3
f
I
I
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J
j
l
j
I
------ ----
LOWER LEVEL FLOOR PLAN 1/4" 1'-0'
BEDROOM 1
12'-ll"x 15'-0'
/ -------..::__
--~-- -~- ------------
B
FAMILY

ROOM/GYM
25'-4'X 18'-0" I F.F.+274,00 I
BOCCE 1
., I F.S.+273,671
------------------ _____ -,. ___________ _ I
r•----- ~ I '\_ ----- / - ,,_,,, LJNEOFDECKASOV'i --------------r -,-------43-01/2"
l
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24-5'
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KEYNOTE

1.1 PROPERTY UNES, TYP

1.2 SETBACK LIM:, TY?

1.3 EXTEll~ WAJ..L: 2x 'M:100 STLO F~l/'G PER STRl>Cll..Wt. W/ R-19 eATT IN!iJLATION Ai 2 X 6, R-l-' BATT INSllATI~ AT 2 X ~ WALLS. exrrnoR Flr-.ts-t PER EXTERIOR ELEVATIOOS OI 2 LAYERS MIN. <-Rli.C:€ D' BUL~~ PAPER. INSlDE Ota· i.wa l.0-l PER INTE@OR ELCVATIOOS

1.4 IMEJ:3OR W.otl · 2x 'hOCO sn.o FR.'MN(; W/ R-19 8,fJT INSLI.AilO~ C 2X6 & R-13 BATT INru..AllOO @ 2X~ Ml' G\'ie THRcu:;HQI.A"

1.5 RET.AJMNG WAf.l

1.7 DOOR,TYP
1,6 WOOD DECK PER LANJSCAPf PLANS
J. 9 BULT !NJ CAB NE TRY
l .11 HAADSCAPE P€R LANDSCAPE

1.12 SPA

1.13 SUPPORTCOLW.NS

1.14 ll/\lE OF OV::RHA\IG I DECK AfKM.

1.15 LINE OF BUILDlNG ABOVc
I
T
275'
I
276'
~77'
(a)
eos
architecture inc.
7542 FAY AVENUE LA JOLLA CA 9203 7 PH: 858,459.0575
~l:ec:G@e::n::rc.o:m
.JENNIFER
BOLYN
Architect
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-•·•--..... ·---~ ..... 9«0~,..,...;, ,.._._ ......
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u5 a::u w 0 - C!:: 3: I 0 !:!,!~ z >w ::; ~ co 0
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s:t

REVISIONS
04/29/2021
1ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
41H DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

LOWER LEVEL

FLOOR PLAN
A1 .0
....__g
I
I
II
I
I
I
I
~
I
I
I
--------- ------- ----
1--- I /El:3 --...,
~·'--1" I . ----/-/ ---
OFFICE
15'-r:rx 13'-5'
I F.F,+285.50 I
BEDROOM 2
15'-ll'x 14'-6"
I
I
I
I 1------~--------------------------------
1 I
I
I
I
I

MAIN LEVEL FLOOR PLAN
I
I
I
I /
-------- I I ----- I
---~r---------------------------~----------------------------- --------------------I--~------------ I
I
I
I

KEYNOTE

1.1 f'l'OERTYU/\1£S, TYP

1.2 SflBA.CK UNf, TY?
I

1.3 EXH:'R;QR WALL 2x WOOD STLO FR,Wt~ PER S!~Ti..Rk W/ R-19 6ATf 1:>.SUAitet,; Ai~ X 6, R-13 eATT !N~ilOOAT 2X 4 WALLS EXfE~ffi FiNiSH Pi:R EXTE!lOR ElfVAliONS 0/ 2 LAYE::<$ M~ GRAS{ D' 8<.n)/'6 PADER fNSC€ 515" G't'~ ~ PER l~OOR ELEVAl~S

1.4 /r-REl?-0(\W>J.i 2x'MJOOST1..0FRN,.#.'-l'SW/,7-19BATT!Ns:.A.A1100@2X6&.R-13 SA!T INSUAT~ @ 2X4 !/8' <iWB THroLGHCXii

1.5 RETA1/\t\/G WAf.~

1.6 \//;NJCJW, 7Y?
1 I
I
I
DINING
13'-6"x20'-r:r L I
- - T_ - - .JI
8 1.11 hAACSCAPf PER :.Al'•ZJSCAFC

1.13 $.J?P01TCOJ.NNS

1.14 UNE o:: OVERHANG/ DECK A3CNt.

1.16 U\.'EOF8i.Jl.D'.\'GEEO'N

1.17 U'.\~ OF SCfFirfG!U!\/GBEAV: PSCN'r::

1.18 LIFT AN.D SUDf DOOR

KITCHEN
19-4' X 24'·2'
ff
0 1,19 P;.-,c:,..,DE !YB"T'l'F'E XGYP EOAADli•Ho..J.!C~Sl~T:OO)MlHE WNLSf,l,O C!:tt:NGS OF ATTACHED GAAAr;.E ASSEM3LY SlW()Ril'vE HA8i1~E g:>>,c;E, ~ECH.A.'•K,'j_ sPACtS NO ACCESSIBLE LNDt~ SiAl~S

1.20 WALK-!\! SHOVl::R
l.21 28Q

1.22 A??UA"J'.:E FER OWNER

1.23 42" i-!iGH GLASS GtJAr;DRNL

1.25 Fl'.'&PLACE

1.26 TiLE DECK

MASTER BEDROOM
l6'x 18'-6•
I
I

1.27 "A'<:Kl'.'i3 SPACES 10 SE 19' X 9' Cl.EA1<

1.28 'RA..'-H A"lO RECYCLING LOCNI0N

1.29 GA'i.A.SF. DOOR
11 : :1
I
I
,, I
I
TOILET

MASTER BATH
15'-CJ'x 11'-8'
W.I.C
12'-CYx9'-10"
- - T -

1.30 JNf o;: Si<YUGHT
I
\
F,S.+276.50
121 '
27 '
:
2 ,·eos
1 27'
architecture inc.
71·
--t.,7 '7542 FAY AVENUE
LA JOLLA CA 92037
s PH: 858,459.0575
~L:e::::s@:,:8:rc.ccm
.JENNIFER
BOLYN
Architect
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IC::: ~ LU I'- a:, C0
"Sf'

REVISIONS
04/29/2021

I STDRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
I 1/01/2021
3RD DRP/SDP REVIEW
02/02/2022
41H DRP/SDP REVIEV✓
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-ll-0l
JOB NO.
20-04

MAIN LEVEL

FLOOR PLAN
A1 .1
LOWER LEVEL F.A.R. DIAGRAM l/8" = l'-0"
, I
I r----~k~•---------ft ' --~7
/ I
/ L_
I
I
•I
I
I
PRO.JECT INFORMATION

SCOPE OF WORK
LEGA!.

APN

EXISTING USE
ZONE

SPRINKLERED

PROPOSED GRADING
GROSS LOT S!ZE

NET LOT SIZE
CONSTRUCT NEW T\VO STORY SlNGLE FMl,1LY RESIDENCE
\V.TH ATTACHED THREE CAA GARAGE, DECKS, COVERED
OUTDOOR AREAl¼"'-JDASSOC!ATED LANDSCAPE, HARDSCA0E
MID RETAlNlNG WALLS
THE PORTION OF THE NORThVlcST QUARTER OF THE
SOLITHWEST QUARTER OF SECTION 35 SOLITH, RANGE 4
\'/::ST, SAN BERNARDlNO 8ASE A'\JD WJCR/DlAN IN THE
COWY OF SAN D!EGO, STATE OF CALIFORN~
263-160-44-00
RESIDENT!At.

LRD, SROZ
YES, PER CFC SECTION 903.2.1.l AND INSTALLED PER ~PA 13D PER CML ORA'Mt\'GS
l4,178S:
14,178SF
r---
i ------------------------------------------7
UNEOF

OVERHANG ABOVE
MAIN LEVEL F.A.R. DIAGRAM l/8" = l'-0"
FAR CA!..CULAT!ON
FAA· ALLOWABLE- FIRST 6,000 50%·
6,000x.5 3,000SF
NEXT 6,001-20,000 l 7.5%
8,l78x.175 - l,431SF
81JLDl1'.'G AA.EA· ALLOWABLE TOTAL 4,431 SF
BlllLDl/'.'G f.J<f.A CALCULATION
LOVIER LEVi:~ 1,180 SF
lMNG 1.180S~
MA.IN LEVEL 3,636 SF
UViNG 2,894SF
GARAGE 742S.:

TOTAL W-JN BJ:LDINGAAEA 4,816SF
GAAAGE EXEW,PTiON -400SF
l TOTAL BUILD!!'\'G Ar<EA INCLUDED It'-; FAR

COVERED PATIOS

LOVIER LEVEL COVERED PATIO

MAIN LEVEL COVERED PATIO
TOTAL COVERED PATIO Ar..f.A
P1'<0DfRTY BRfAKOOWN

IMPERVIOUS
HARDSCAf'E Mf.A
tJAJN RESIDENCE FOOTPRINT
PERVlOUS
IRraGATED LANDSCAPE
WATER FEA1URE
GRAD!NG QUANTITIES
~TE GRAQNG fQ\Jif:lpf Cf STRUCH Rfl
l.213SF
785SF
l,959SF
8220SF
3,000SF
4,392SF
5 lSOSF
5,l04SF
46SF
CUI 120CY
Fill 50CY
EXCAVATION FOR FOOTINGS 50 CY
TOTA!.. EXFORI
OCY
l040CY
900CY
LEGEND

PRIMARY RESIDENTIAL LIVABLE AREA

GARAGE AREA

D COVERED OUTDOOR AREA
NOTES
All DIMENSIONS ARE MEASURED FROM THE EXTERIOR WALL SURFACES. -s-z
(a)
eos
architecture inc.
7542 FAY AVENUE LA JOLLA CA 92037 PH: 858,459,0575
~L: e::s@ecs:rc.a:m
.JENNIFER
BOLYN
Architect
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<cl"
REv1SIONS
04/29/2021
l ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
l l/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
l l/21/2022

CITY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04
FAR
A2.0
: ----
1 I
I
I
I
I
I
I
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I
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I
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architecture inc.
7542 FAY AVENUE
LA JOLLA CA 9203 7 PH: 858.459.0575
~L: ~c.o::m
.JENNIFER
BOLYN
Architect

REVISIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRPJSDP REVlEV✓
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022

CITY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04
ROOF PlAN
A3.0
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4.1 PROFi:RTY UNt, TYP
.4.2 SETBACK LINE, TYP
.4.3 STUCCO F!NlSH, PER ARCHITECT
4 . .4 STONE VE/\'EER
4,6 l!Nf OF LOWER LEVEL

4. 7 Llf\'E OF 25'·0" HEIGHT LIMT FROM LO\"JER OF EXISTING OR PROPOSED G'<ADE .4.9 SHE SiA'.R PER CMLAANDSCAPE PLANS
.4.10 U/\'E OF EXISTING GRADE AT BU!LOiNG LINE

4.11 UN:: OF PROPOSED GRADE AT BLlDli\lG UNE
27 ---- --- ' ----

4.12 Fill TYP

4.13 W1NOON/OOORTYP

4.14 ENTRYDOOR

4.15 42" HIGH GLASS GUARDRAlL

4.17 G/1.RAGE DOOR

4.18 ADDRESS NUMSERS, PER CITY S1AA'DARI)

4.19 FENCE AND GATE PER Pl.MIAA'DLANDSCAP!: PiA\J

4.20 F!REFiT
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LA JOLLA CA 9203 7 PH: 858.459.0575
B'v'All: eo;@=ac:rc.can
.JENNIFER
BOLYN
Architect
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REVlSIONS
04/29/2021
1 STORP/S0P REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022
PlAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
If
__ ! _ ~~ _ ~l£:!fl..£.E..._ -~*r--------< " --==---=--=---=---=- __________ -------r-- ,27400 PHASE

4.23 SUPPORT COLUMNS

4.25 METAL RQ'.)f, PER ROOF PLAN
A.26 OVERHA_\'G

4.27 PAl'W'ET WAll

4.28 LIFT A"JJ SUDE DOOR

4.29 LINE OF EXISTING RESIDENCE TO Bi: DEMOLISHED

I PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

BUILDING

EXTERIOR

ELEVATIONS
A4.0
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4.4 STQ/\.'f:VE/\'!:ER

4.6 Lk'\'E OF LO'h'ER LEVEL

4.7 UN!: OF 25'-0" H!.:!GHT UMT FROV, LO.VER OF tXlSTING 0,1 ffiOPOSD GR.t()E

4.8 ~TAlN'.NG WA:L PER CJV.l

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architecture inc.
7542 FAY AVENUE
lA JOLLA CA 9203 7 PH: 858,459.0575
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REVISIONS
04/29/2021
1 STDRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REV1EW
02/02/2022
41H DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

BUILDING

EXTERIOR

ELEVATIONS
A4.1

PDJANCENT
NAP.
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EXISTING OR PROPOSED
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architecture inc.
7542 FAY AVENUE
LA JOLLA CA 92037 PH: 858,459.0575
~L:~c.ccm
.JENNIFER
BOLYN
Architect
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REVISIONS
04/29/2021
l ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

ELEVATION WITH

ADJACENT

NEIGHBORS

RESIDENCE
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architecture Inc.
7542 FAY AVENUE
LA JOLLA CA 9203 7
PH: 858.459.0575
~L:~c.o::m
.JENNIFER
BOLYN
Architect
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REvlSIONS
04/29/2021
1ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEV✓
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEV/
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

BUILDING

SECTIONS
A5.0
__ ,
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- 7 ,,,,,-- 25' HEIGH! US/JT
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LAUNDRY

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lA JOLLA CA 9203 7 PH: 858.459.0575
8'-.¥.IL: e::s@e:s:1c.o::m
.JENNIFER
BOLYN
Architect
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REVISIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
41H DRP/SDP REVIEW
05/31/2022

PLAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

BUILDING

SECTIONS
A6.1
------ --------------- -,~~~·~·"~
______ _ __ C_'.""-""' ___ :f ______
f
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OUTDOORAREA :
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COVERED

OUTDOOR AREA
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architecture inc.
7542 FAY AVENUE
LA JOLLA CA 9203 7 PH: 858.459.0575

8\.¥\ll:~c.ccm
.JENNIFER
BOLYN
Architect
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'SjREv1SIONS
04/29/2021
1 ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05/31/2022

PIAN CHANGE DRP/SDP
11/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
2021 · 11 ·0l
JOB NO.
20·04

SECTION/ SITE

SECTIONS
A5.2
---- ----

PROPERTY LINE
SHBACKUr-.lf

SOESBSACK
STORY POLE PLAN 1/4" - 1'-0"
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48 PH:
lO.F.+295.50
297,00
PG. 285.00
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PH; 2.25
----------
(a)
eos
architecture inc.
7542 FAY AVENUE
LA JOLLA CA 9203 7
PH: 858.459.0575
~L: e::s@Eco::rc.ccm
.JENNIFER
BOLYN
Architect
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REVISIONS
04/29/2021
l ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
ll/Ol/2021
3RD DRP/SDP REVIEW
02/02/2022
4TH DRP/SDP REVIEW
05131/2022

PLAN CHANGE DRP/SDP
l l/21/2022

CITY COUNCIL SET
PHASE

PLANNING SET
DATE
2021-11-01
JOB NO.
20-04

STORY POLE PLAN

REVISED
AB. □
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04/29/2021

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08/19/2021
2ND DRP/SDP REVIEW
l l/01/2021
3RD DRP/SOP REVIEW
02/02/2022
4TH DRP/SDP REVIEV✓
05/31/2022
PLAN CHANGE IJ!lP/SDP
11/21/2022
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04/29/2021
l ST DRP/SDP REVIEW
08/19/2021
2ND DRP/SDP REVIEW
11/01/2021
3RD DRP/SDP REVIEW
02/02/2022
4lH DRP/SDP REVIEW
05/31/2022

PIAN CHANGE DRP/SDP
l l/21/2022
CllY COUNCIL SET
PHASE

PLANNING SET
DATE
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JOB NO.
20-04

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04 /29/2021
1 ST DRP,SDP REVIEW
0B/1 9/2021
2ND DRP,SDP REVIEW
11/01/2021
3RD DRP,SDP REVIEW
02/02/2022 4TH DRP,SDP REVIEW
05/31/2022
PlAN CHANGE DRP,SDP
l l/21/2022

CITY COUNCIL SET
PHASE

PIANNING
SET
DATE
2021-11-01
JOB NO.
20-
04 MAIN RESIDENCE
3D VIEWS
A7.0

LEGEND I
e FOUND & ACCEPTED SURVEY MONUMENT AS NOTED ----~
(i) FOUND 1" IRON PIPE & CONCRETE {DISK MISSING), DOWN ±6" BELOW EDGE OF WOOD FENCE. ACCEPTED AS MONUMENT AT SOUTHEAST CORNER OF LOT 24, MAP 2829 PER PS 1977. AFFIXED ALUMINUM CAP STAMPED "PLS 8548" & INSTALLED ACCESS LID @) FOUND 1/2" PIN (CAP MISSING, SEVERELY CORRODED), DOWN ±2". ACCEPTED AS MONUMENT AT SOUTHWEST CORNER OF LOT 24, MAP 2829 PER PS 1977 REPLACED WITH 1"X18" IRON PIPE & ALUMINUM CAP STAMPED''PLS 8548", UP ±2"

PROPERTY BOUNDARY

RIGHT-OF-WAY LINE

CENTERLINE

ADJOINING PROPERTY LINE

TIE LINE/ RADIAL LINE/ REFERENCE LINE

BUILDING FOOTPRINT
~

ROOF RIDGE/ EAVE
~

WOOD FENCE

CHAIN LINK FENCE
GATE

RETAINING WALL
FLOIM.INE

INDEX CONTOUR LINE

INTERMEDIATE CONTOUR LINE

POWER LINE (OVERHEAD)

COMMUNICATIONS LINE (OVERHEAD)

GAS LINE

SEWER LINE

WATERLINE
APPROX DRlPUNE OF TREES
APPROX. EDGE OF BRUSH

POWER POLE

STREETLIGHT

ELECTRIC METER

GAS METER

SEWER MANHOLE

WATER VALVE

FIRE HYDRANT

WATER METER

MAILBOX
DECIDUOUS TREE (APPROX. TRUNK DIAMETER)
PALM TREE {APPROX. TRUNK DIAMETER)

FINISHED SURFACE ELEVATION

GROUND SURFACE ELEVATION

GROUND ELEVATION AT TOP OF WALL

GROUND ELEVATION AT BOTTOM OF WALL

FLOWLINE ELEVATION

TOP OF STEP ELEVATION

FINISHED FLOOR ELEVATION

DECK SURFACE ELEVATION

TOP OF ROOF ELEVATION

TOP OF CHIMNEY ELEVATION

TOP OF SPARK ARRESTOR ELEVATION

ASPHALT SURFACE

CONCRETE SURFACE

BRICK SURFACE

GRAVEL SURFACE

WOOD DECK SURFACE
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SURVEYOR'S STATEMENT

THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER

MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE

PROFESSIONAL LANO SURVEYORS' ACT
Sf~~
BLAKE E. TOR ~ PLS 8548

NARRATIVE
~
7-15-2020

1. THE BASIS OF BEARINGS FOR THIS SURVEY IS S 4•24'30" W ALONG THE CENTERLINE OF MARVIEW DRIVE, AS SHOWN ON MAP 2829.
2 THE SURVEYED PROPERTY BOUNDARIES SHOWN HEREON ARE BASED ON A FIELD SURVEY.

RECORD DIMENSIONS MAY VARY. ADJOINING PROPERTY BOUNDARIES SHOWN HEREON (SEE LEGEND) ARE BASED ON RECORD DATA, ANO HAVE NOT BEEN FIELD VERIFIED.

3. ELEVATIONS SHOWN HEREON ARE BASED ON CITY OF SOLANA BEACH SURVEY CONTROL STATION "ENC--43" (PT. NO. 2012), A 3.5~ NGS DISK IN HEADWALL 0.2 MILES NORTH OF SOLANA VISTA DRIVE ON THE EAST SIDE OF NORTHBOUND HIGHWAY 101, PER ROS 18971 .

NAVD..S8 ELEV= 34.670'

4. THE LOCATIONS OF UNDERGROUND UTILITY LINES AND/OR STRUCTURES AS SHOWN HEREON ARE BASED ON OBSERVED ABOVE GROUND EVIDENCE ONLY. NO RECORD UTILITY PLANS WERE PROVIDED TO OR OBTAINED BY THE SURVEYOR. NO EXCAVATIONS WERE MADE DURING THE COURSE OF THIS SURVEY TO LOCATE UNDERGROUND UTILITIES. LOCATIONS OF UNDERGROUND UTILITIES MAY VARY FROM LOCATIONS SHOWN HEREON. ADDITIONAL

UNDERGROUND UTILITIES MAY EXIST
5 DIMENSIONS SHOWN HEREON BETWEEN BUILDINGS AND PROPERTY BOUNDARIES ARE

MEASURED PERPENDICULAR OR RADIAL TO PROPERTY BOUNDARY, AND ARE BASED ON

EXTERIOR FACE OF BUILDING FACADE AT THE GROUND FLOOR (EXCLUDING TRIM, BATTENS, OR

MINOR PROTRUSIONS)
6 DIMENSIONS SHOWN HEREON BETWEEN FENCEUNES AND PROPERTY BOUNDARIES ARE

MEASURED PERPENDICULAR OR RADIAL TO PROPERTY BOUNDARY, AND ARE BASED ON THE

APPROXIMATE CENTERLINE OF FENCE (INCLUDING POSTS AND SLATS)

ABBREVIATED LEGAL DESCRIPTION
LOT 24 OF BLOCK "L", MARVIEWHEIGHTS UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 2829 APN

REFERENCE
JOB#
FOUND 1" IRON PIPE
& DISK STAMPED "RE
1534" PER MAP 2829
DOWN ±3" BETWEEN

WATER METERS

INSTALLED ACCESS LID
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TORGERSEN SURVEYING, INC.
1012 MAR VISTA DR, VISTA, CA 92081
619-535-8674 I TORGSURV@GMAILCOM

BOUNDARY & TOPOGRAPHIC SURVEY OF PROPERTY LOCATED AT
437 MARVIEW DRIVE

SOLANA BEACH, CA
263-160-44 SURVEY DATE 07-09-2020
MAP 2829 DRAWING DATE 07-15-2020
2012 SHEET 1 OF 3
z
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EXISTING HOUSE DETAIL

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TRELLIS ABOVE

EXISTING HOUSE

BRICK PATIO
DECK> RAILING~
· .. 7.16'--

0.2'-
TORGERSEN SURVEYING, INC.
1012 MAR VISTA DR, VISTA, CA 92081
619-535-8674 I [email protected]

BOUNDARY & TOPOGRAPHIC SURVEY OF PROPERTY LOCATED AT
437 MARVIEW DRIVE

SOLANA BEACH, CA
APN 263-160-44 SURVEY DATE 07-09-2020
REFERENCE MAP 2829 DRAWlNG DATE 07-15-2020
JOB# 2012 SHEET 2 OF 3
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(SEE NOTE #3)
---------------------------------------------
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NEIGHBORHOOD OVERVIEW
APN 263-160-61
(SEE NOTE #5)
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(SEE NOTE #5)
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0 20 40 60
NOTES

THE BUILDING FOOTPRINT ON THE SURVEYED
PARCEL (APN 263-160-44) WAS LOCATED BY

DIRECT MEASUREMENT IN THE FIELD (ESTIMATED
HORIZONTAL ACCURACY ±0.03'). THE ROOF

EAVES ANO RIDGE LINES ON THE SURVEYED

PARCEL WERE LOCATED REMOTELY USING

REFLECTORLESS DISTANCE MEASUREMENT
{ESTIMATED HORIZONTAL AND VERTICAL
ACCURACY ±0.1 O')
2 THE BUILDING FOOTPRINT AND ROOF LINES ON
APN 263-181-03 WERE LOCATED REMOTELY

USING REFLECTORLESS DISTANCE

MEASUREMENT (ESTIMATED HORIZONTAL
ACCURACY ±0.05', ESTIMATED VERTICAL
ACCURACY ±0.10')
3 THE BUILDING FOOTPRINT AND ROOF RIDGE
LINES ON APN 263-160--45 WERE LOCATED

REMOTELY USING REFLECTORLESS DISTANCE

MEASUREMENT (ESTIMATED HORIZONTAL
ACCURACY ±0.05', ESTIMATED VERTICAL
ACCURACY ±0.10') ROOF EAVE LINES ON SAID
PARCEL ARE BASED ON G!S DATA OBTAINED

FROM SANDAG (BUILDING OUTLINES DATASET)
WITH LIMITED FIELD VERIFICATION {ESTIMATED
HORIZONTAL ACCURACY ±1.0')
4 THE BUILDING FOOTPRINTS ON APN 263-160-52
AND APN 263-160-53 (EXCLUDING THE EASTERLY

BUILDING LINES) WERE LOCATED REMOTELY

USING REFLECTORLESS DISTANCE

MEASUREMENT (ESTIMATED HORIZONTAL
ACCURACY ±0.05'), THE EASTERLY BUILDING

LINES AND THE ROOF OUTLINES ON SAID

PARCELS ARE BASED ON GIS DATA OBTAINED

FROM SANDAG (BUILDING OUTLINES DATASET)

WITH LIMITED FIELD VERIFICATION (ESTIMATED
HORIZONTAL ACCURACY ±1.0')
"
"'_" ----,-__::___ _________ -,--___ ---1 ____ -L ______ .,..-____ ..l,_ ___ --1..M_A_R_V_IE_W_D_R_~---,----------"'-' --~ ~ I ~ ~ ~I ~ ~ I \
5 ALL ROOF OUTLINES ON ALL ADJOINING PARCELS

NOT SPECIFICALLY LISTED ABOVE ARE BASED ON

GIS DATA OBTAINED FROM SANOAG (BUILDING

OUTLINES DATASET) WITH NO FIELD

VERIFICATION (ESTIMATED HORIZONTAL
ACCURACY ±2.0'}
6 GROUND ELEVATION CONTOUR LINES SHOWN ON

THIS SHEET ARE BASED ON GIS DATA OBTAINED
FROM SANDAG (2014 2FT TOPOGRAPHICAL

DATASET), AND HAVE NOT BEEN FIELD VERIFIED
SEE SHEETS 1 & 2 FOR DETAILED SURVEY

QUALITY GROUND ELEVATION INFORMATION ON

THE SURVEYED PARCEL
APN 263-160-51
(SEE NOTE #5)
I & I I \ I L -,sor•
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~ 14.7' APN 263-160-SZ , --16.4'-- APN 263-160-53 \
~ I (SEE NOTE #4) 9
_
5 . L. (SEE NOTE #4) I \

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(SEE NOTE #5)
APN

REFERENCE
\
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TORGERSEN SURVEYING, INC.
1012 MAR VISTA DR, VISTA, CA 92081
619-535-8674 I [email protected]

BOUNDARY & TOPOGRAPHIC SURVEY OF PROPERTY LOCATED AT
437 MARVIEW DRIVE

SOLANA BEACH, CA
263-160--44 SURVEY DATE:

MAP2829 DRAWING DATE
07-09-2020
07-15-2020
JOB# 2012 SHEET 3 OF 3

GENERAL NOTES

1. APPROVAL OF THIS GRADING PW/ DO£S NOT CO/IS1ITllTE APPROVAL OF VERTICAL OR HORIZONTAL ALJGNMENT OF ANY PR/VA TE ROAD SHOIIN HER£1N FOR PUBLJC ROAD PURPOSES. 2 FINAL APPROVAL OF THESE GRADING PLANS IS SUB£CT ro FINAL APPROVAL OF THE: ASSOCJA TED IMPROV£llENT PLANS !½HER£ APPLJCABL£ FINAL CURB GRAD£ aEVA news MAY REQUIRE CHANGES IN THESE PLANS. 3. IMPORT MATERIALS SHALL 8£ LEGALLY OBTAINED. 4. A SEPARA'TE P£RUIT FROM THE CITY ENGINEER loKLL 8£ REOUIRE:D FOR ANY !+ORK IN THE PUBLIC RIGHT-OF-WAY.

5. 1;f;,0
~~ ,/;,'51\R~~-(J) FEET IN H£1GHT SHALL 8£

6. THE COOTRACTOR SHAU \£RIFY 1H£ cXIST£NC£ AND LOCATION OF ALL UTILJTIES BEFORE COl,/MENCING WORK. NOTICE OF PROPOSED 111'.JRK SHALL BE Gll£11 1V THE FOLLOIIING AGENCIES, UNDERGROUND S.A. (800)-227-2600

7. A SOILS REPORT SHALL 8£ PR0\1DE.D AS REOUIRED BY 1HE CITY OF SOLANA BEACH PRIOR 70 ISSUANCE OF A GRADING PERMIT.

8. APPROVAL OF 1HES£ PLANS BY THE CITY ENGINEER DOES NOT AUTHORIZE ANY ltORK OR GRA()JNG TO B£ P£RFORUED UNTIL THE PROffRTY 01\NER'S PER/,//SSJON HAS BEEN OBTA!NEO AND A VALID GRADING PERMIT HAS 8E£N ISSUED.

9. TH£ CITY £NGIN££R'S APPROVAL OF TH£5£ PLANS DOE:S NOT CONSTITUTE THE BUILDING OfFlctAL 'S APPROVAL OF ANY FOUNOA TION FOR 51RUC1URES 1V 8£ PLACEO ON TH£ AREA COVEREO BY THESE PLANS. NO WA!VER OF THE GRADING ORDINANCE REQU/RE/,/ENTS CONCERNING 11/N//,/U/,/ COVER 011':R EXPANst\£ SOILS IS MADE OR IMPUED.

10. ALL OPERA7100S CONDUCTED ON THE PREMISES, INCLUDING THE WARMING UP, REPAIR, ARRIVAL. DEPARTURE OR RUNNING OF TRUCKS, EARTHJ.lO\IING EQUIPMENT, CONSTRUCTION EQUIPMENT AND ANY OTHER ASSOC/A TED GRADING EQU/PJ.lENT SHALL BE ~fgflhA~ ,]&folfRiH,otJlJ"'rfrJA {~D 0
N(i E~~~JO~rfJ;i GRADING OPERATIONS SHALL BE CONDUCTED ON THE PR£/,/IS£S ON SA 71/RDA YS, St/NOA YS OR HOUOA Y5 ll!THOUT TH£ WRITTEN PERIIISS/ON OF TH£ CITY ENGINEER.

11. ALL IJAJOR SLOPES SHALL 8£ ROUNO£D INTO EX1STING TERRAIN 1V PROO/JC£ A CONWUREO TRANSITION FRO/,/ CUT OR FILL FACES TO NA1URAL GROUND AND ABUTnNG CUT OR ALL FAC£S.

12. NOnt11HSTANDING TH£ MINIMUM STANDARDS SET FORTH IN TH£ GRADING ORDINANCE, AND NOTWITHSTANDING TH£ APPROVAL OF THESE GRADING PLANS, THE PER/,/ITTEE IS RESPONSIBLE FOR TH£ PREVENTION OF DAMAGE TO 1HE ADJACENT PROPERTY. NO PERSON SHALL EX CAVA TE ON LAND SO CLOS£ TO TH£ PROPERTY UN£ AS TO ENDANGER ANY ADJOINING PUBUC STREET. SIDEWALK, ALLEY, FUIICTION OF ANY SEWAGE DISPOSAL SYST£1.1, OR ANY 01HER PUBLJC OR PR/VA TE PROPERTY ll!THQUT SUPPORTING AND PROTECTING SUCH PROPERTY FROM SET1LJNG, CRACKING, EROSION, DAMAGE 'M-1/CH MIGHT RESULT FROM ON THIS PLAN. THE CITY lffLL HOW THE RESPONSIBLE FOR CORRECTION ON NON-D£DICA TED IUPRO\OIENTS 'M-IICH DAMAGE ADJACENT PROPERT'l

1.3. SLOPE RATIOS: CUT 1:2 ALL 1:2
CUT, XX CY (OUTSIDE OF S1RUC1URE) FILL: XX CY (OUTS/OE
OF S1RUC1URE) EXPORT: XX CY
CUT, XX CY (BELOW TH£ 51RUC1URE) FILL: XX CY (BELOW THE 5TRUC1URE) IMPORT, XX CY (NOT£, A SEPARATE VAUO P£R/,/IT MUST EXIST FOR OFFS/TE IMPORT OR EXPORT AREAS.)
•• TH£ QUANTITIES £STIMA TED ABO\.£ AR£ FOR PERMIT PURPOSES ONLY AND SHOULD NOT 8£ USED FOR CONSTRUCTION B!DS. CONTRAC1VR5 ARE RESPONSIBLE FOR THEIR 01\N £AR1HWORK QUANTITIES.

14. SPECIAL CONDITIONS: IF ANY ARCHA£LOGICAL RESOURCES ARE DISCOVERED ON THE SIT£ OF THIS GRADING DURING GRADING OPERA TIC\'4S. SUCH OPERA 710NS lffLL CEASE IMMEDJA TEL Y, AND THE PERU/TT££ HtLL NOTIFY THE CITY ENGINEER OF THE DISCO\fRY. GRADING OPERA DONS lffLL NOT COMMENCE UNTIL THE PERM/TT££ HAS REC£1\£D ll!IITTEN AU1HORITY FRO/,/ THE CITY ENGINEER ro 00 50.

15. ALL GRADING SHOIMI ON THIS PLAN SHALL 8£ COMPL£T£D AS A SINCULAR UNIT 1111H NO PRO~SI0/1 FOR PARTIAL RELEASES. SHOULD IT 8£ ANTICIPATED THAT A POR.TION OF THIS PR0£CT BE COMPL£T£D S£PARA1UY, A SEPARATE PLAN AND PERMIT APPUCA DON SHALL BE SUBJJITIED FOR APPROVAL 16, THE CONTRACTOR SHALL NOTIFY THE CITY OF SOLANA BEACH 858.720.2470 24 HOURS BEFORE GRADING OPERATIONS 8£GIN.

17. FINISHED GRADING AND PLANTING SHALL BE ACCO/,/PUSHEO ON ALL SLOPES PRIOR TO OCTOBER 1, OR IMIJEDIATELY UPON COMPLETION OF ANY SLOPES GRADED BEm£EN OCTOBER 1 AND APRIL 1. PRIOR TO ANY PLANTING, ALL LANDSCAPING SHALL BE APPRO\£D BY THE PLANNING DEPARTMENT AT TH£ 0£\£LOP/,/£NT REVIEW STAGE, OR BY SEPARATE LANDCSAP£ PLAN.

18. ALL OFF-SITE HAUL ROUTES SHAU. 8£ SUBMITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR. APPROVAL 72 HOURS PRIOR. TO THE BEGINNING OF WORK

19. UPON FINAL CO/,/PLETION OP THE 111'.JRK UNDER TH£ GRADING PERMIT, BUT PRIOR TO FJNAL GRADING APPROVAL AND/OR F1NAL RELEASE OF SECURITY, AN AS-GRADED CERTIF1CA TE SHALL BE PROVIDED STATING: "TH£ GRADING UNDER PERMIT No. SBGR-216 HAS BEEN Pfl?FOR.MED IN SUBSTANTIAL CDNFORJ.lANCE HtTH THE APPROVED GRADING PLAN OR AS SHOIW ON THE A TT ACHED AS-GRADED PLAN". THIS STATEMENT SHALL 8£ FOU.O~ BY TH£ DA TE ANO SIGNA 71/RE OF THE Cll!L ENGINEER 1\110 CER11F1£S SUCH A GRADING OPERATION.

I
I
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I
I
I
I
I
I
I
I
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I
I
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I
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I
\
\
\
\
I
£XJSf1)'ifY;
BRUSH ro .. I REJ,/AJN c. I TG
./ 1£
I
I J /£ 27/.6

PROPOSED
£1,/ERGEI/CY ___ --cA'd
OIERflOW
DISSIPATERTG 27J_ 9 1£ 271.S,
, £/,/£RGEIICY
"'- OVFJ?FLO . I 'DISSIPATER:
\, . PROPOSEDY.

I £X/S11NG_/', L BRUSH TO ,

RE/,/A/N
--r-------------------+-
I '
LS
v11L
·. 111£=2826~
""""'
II 1£=283.7
---\~--~--
SURVEY PARCEL l (2) 11'x6'x5' SOD CF
SroR/,/WATER DEIDITION
TANK BY SWRI.ITRAP OR
'2 APPROlf!J EQUAL

20. THE CONTRACTOR SHALL 0£51GN, CONSTRUCT, AND MAINTAIN ALL SAFETY DE\1CES INCLUDING SHORING, AND SHALL 8£ RESPONS1BLE FOR CONFORMING TO ALL LOCAL, STA TE, AND FEDERAL SAFETY AND HEALTH STANDARDS. LA"5' AND REGULA 110!1S. - --r
LOT 23, BLOCK L. MAP 2829 --'-~=281871£=27787
10'
I 0 10 20 30
PL
290 I
285 I
I
280 I
275
I
270 I
2651

PROPOSED
DEEPENED £OGE FF=274.0

ENGINEER OF WORK
-------------~ PRELIMINARY GRADING PLAN SC.ALE: r= 10'
RETAIi/iNG WALL P£R
S1RUC1URAL
TW,,,276.0
811'=274.0
SECT/ONA SCALE: 1• = 10'

CITY APPROVED CHANGES
\_ 4• PVC DRAJ/1
1£=28J.8'
PL
290
285
280
275
270
265

APP'D DATE RECOMMENDEDFORAPPROVAL
\£WAY
R~o:J I 1./0DIFIEO
SD G-14 , ,~,, (RIJ.l•266.90)
-266.49) =_ (1£•±274.57)
10' 0G

PARKIIIG
266.<)
AT£ MAILBOX DE OF C
WAY
~
00l'J/1JfrAll, I S SHT
f6' I
8;ACK CURB ro CL 7
1 1---tt----tt-ROW 3fo ct. ___ ,
I
9"X9"X12" MOUNTABLE CURB
NOT 1V SCA!£

FINISHED GRADE

TOP OF WALL
(FG07W)

VICINITY MAP NOTWSCALE

TYPICAL WALL CROSS SECTION,

ELEVATIONS SHOWN ON PLAN

NOTTO SOU

ABBREVIATIONS
FG F1N/5H£D GRADE
FS F1N/5HED SURFACE

TG TOP OF GRATE
IE /N\,f;RT ELEVATION

TS TOP STAIR
85 BOTTOM STAIR

LS LANOSCAPING
7W TOP OF WALL

BW BOTOM OF WALL

EX EXISTING

PR PROPOSED

EROSION CONTROL NOTES
I. STORM WATER AND NON-STORM WATER DISCHARGE CONTROL: BEST MANAGEMENT PRACTICES SHALL 8£ D£11£1.0P£0 ANO II/Pl£/,/ENT£0 1V J,/AJIAG£ STORII WATER ANO NON-STORM WATER DISCHARGES FROII THE SITE AT ALL TIMES OUR/NG £XCAVA110N ANO GRADING ACTNmES.

2. ~ 50
8 6
L
91 SCARIF1£0
50% PLUS
;. THE WPS OF ALL SLOPES TALLER TH#/ 5' SHALL BE DIKED OR TRENCHED TO PRE\£NT WATER Fl.O'w1NG OVER CRESTS OF SLOPES.

5. CATCH BASJNS. DESILTING BASINS, AND STORM ORAJN SYSTEMS SHALL 8£ INSTALLED TO TH[ SATISFACTION OF TH£ CITY ENGINEER.

6. SAND BAG CHECK DAMS, SILT FENCES, FIBER ROLLS OR OTHER APPROVED &IP'S SHA.LL 8£ Pl.ACED IN UNPAV£D AREAS Wl1H GRADIENTS IN EXCESS OF 2%, AS WELL AS AT OR NEAR £\£RY PD/NT WHERE CONCENTRATED ROW UA\£ TH£ SITE

7. SAND BAGS SHALL BE Pl.ACED ON THE UPSTR£AJ,/ S/0£ OF ALL ORAJIIAGE INLETS 70 MINIJ.llZE SILT BUILDUP IN THE INLETS AND PIPES. 8, TH£ CONTRACTOR SHALL REPAIR ANY ERODED SLOPES AS DIRECTED BY THE OFF1C£ OF TH£ CITY ENGINEER.

9. TH£ CONTRACWR SHALL SWEEP ROADWAYS AND ENTRANCES ro AND FROM TH£ SITE ON A REGULAR BASIS TO KEEP THEM FR££ OF SOIL ACCUMULATION AND AT ALL OTHER TIMES DIRECTED BY TH£ CITY ENGINEER.

10. TH£ CONTRACTOR SHALL WATER SITE ON A COHT1NUOUS BASIS TO MIN/MlZE AJR BORNE DUST CREATED FROM GRADJNG AND HAULJNG OPERAT10NS OR £XCESS!V£ WfND CONDITIONS. AND AT Ail TIMES DIRECTED 8Y TH£ CITY ENGINEER.

I 1. IN THE EVENT SILT DOES ENTER TH£ EXISTING PUBUC STORM DRAIN SYSTEM, REMOVAL OF THE SILT FROM THE TH£ SYSTEM WILL 8£ DONE AT THE lk."v'fl.OPER'S EX.P£NS£.

PRIVATE DRIVEWAY PROFILE
SCALE: 1• = 10'
LEGAL DESCRIPTION LOT 2,f. OF BLOCK "L~ WRVJEW HEJGHTS. UNrr No.4. IN TH£ CfTY OF SOLANA BfACH, COUNTY OF SAN DIEGO, STAT£ OF CALJFORNIA, ACCORDING 70 MAP THEREOF NO. 2829, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 0£C£/,/BER 27, l951.

A.P.N.: 26.3-160-#-00
SITE ADDRESS : 437 /MR'MWORIVE SOWV, BEACH, CA 92075
O'NNERIPERMITTEE: THOMAS AND MARTHA BERTOLINO 5,f-0 CARTHAG£ COURT GRAN!T£ BAY, C4 95746
TORGER5£N SURVE»NG, INC. TOPOGRAPHIC SURVEY : 1012 MAR \11STA DR. \11STA. CA 92081 (619)535-8674 TORGSURVOGW<ILCO/,/
WORK TO BE DONE TH£ IMPRDVEMENTS CONSIST OF THE FOLLOWING WORK TO 8£ DONE ACCORDING TO THESE PW/5 AND TH£ LATEST £IJl7lONS OF, R£l,/OO£I. OF SINGLE FAMILY RESIDENCE

STANDARD SPECIFICATIONS
(1) STANDARD SPECIFICATIONS FOR PUBLJC 111'.JRKS CON51RUCTICN INCLUDING TH£ REGIONAi.

SUPPL£/,/ENTAL AMENO/,/ENTS.
(2) CALJFORNIA DEPARTMENT OF TRANSPORTATION 'W.NUAL OF TRAFFIC CONTROLS FOR CDNSTRUC110N AND MAINTENANCE WORK ZONES"
(J) STAT£ OF CALJFORNIA, DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS

STANDARD DRAWINGS
(1) SAN DIEGO RECIO/IA/. STANDARD DRAWINGS
(2) STAT£ OF CALJFORNIA, DEPARTMENT OF TRANSPORTATION STANDARD PLANS LEGEND
7i'i!MiifscRIPTION
PROPERTY l/11£
CE111ERU/1£ OF Ro,,JJ
PROPOSED S£TBACKS
PROPOSED COIICRfJf. IW?/JSCAP£
PROPOSED PElMOUS PA\.U/5
LOll!l?limAfJ/J
PROPOSED WALL PER 511/UC1URAL
PROPOSED CON10UR l/11£ -----i51-----
£X/ST1NG CON10UR l/11£
PROPOSED 5TORII DIWII PiP£

O'NNER'S CERTIFICATE
I, ==~=-=====~ AS OWNER/D£11£1.0PER OF THE PROPERTY OESCR/8£0 HER£1N ACKNOWLEOGE THESE PLANS HA\£ BEEN PREPARED AT 1,/Y DIREC110N WITH MY FULL CONSOff. I FUU.Y UNDERSTAND AND ACCEPT 1H£ TERMS AND CDNDmONS CONTAINED HEREIN AND AS ATTACHED BY REFERENCE ON 7HIS GRADING PW/. rT IS AGREED THAT F1£l.D CONDmONS MAY REOUIRE CHANGES TO THESE PLANS.

IT 15 FURTHER AGR£ED THAT THE OWNER (Df.VEI.OPER) SHALL HA\£ A REG/STEREO CML ENGINEER MAKE SUCH CHANGES, ALID?ATIONS OR ADDITIONS TO THESE Pf.ANS ifli/CH THE CITY ENGINEER DETERMINES ARE NECESSARY ANO DESIRABLE FOR TH£ PROPER CO/,/Pl£110N OF TH£ IMPROV£J.IENTS.

I FURTHER AGREE TO COMMENCE WORK ON ANY IIJPROVEMENTS SHOWN ON THESE PLANS WfTHIN EXISTING CfTY RIGHT-OF-WAY WITHIN 60 DA~ OF THE CONSTRUCTION PfRMfT AND TO PURSUE SUCH 111'.JRK AC7Jl'ELY ON £\£RY NORt.lAL 111'.JRKING DAY UNTIL CO/,/PLETED, IRf?ESPECTl\1£ AND INDEPENDENT OF ANY OTHER WORK ASSOCIATED W1TH THIS PROJECT OR UNDfR MY CONm()L

THOMAS AND MARTHA BERTOUNO
540 CARTHAGE COURT
GRANITE BAY, CA 95746

DECLARATION OF RESPONSIBLE CHARGE
DAT£
I, BRWI 1,/. AROOLJNO, HEREBY DECLARE THAT I AM TH£ ENGIIIEER OF 111'.JRK FOR THIS PROJECT, THAT I 1-MVE' EXCERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF' TH£ PROJECT AS DEANED IN SECTION 670.3 OF TH£ BUSINESS AND PROFESSIONS COD£. AND

THE DESIGN IS CONSJSTEJIT WITH CURRENT STANDARDS AND THE CITY OF SOLANA BEACH RESOLUTION No. 2007-170.

I UNDfRSTAND THAT TH£ CHECK OF PROJ£CT DRAWINGS AND SPECIF1CATIONS BY TH£ CfTY OF SOLANA BEACH IS CONFINED TO A R£VJEW ONLY ANO DCES NOT R£1JE.V£ J,/£ OF RESPONSIB!UTIES FDR PROJECT OESIGN.

SY,~/;)_r-v_•~CL-_• ______ _ BRIAN ARDOLINO RCE No. 71551 EXP 12/31/2023 PASCO LARET SUTTER & ASSOCIATES EARTHWORK QUANTITIES :

SITE GRADING (OUTSIDE OF STRUC1UR£),
CUT: 120 CY
FILL· SD CY
SITE GRADING (BELOW STRUC1URE),
CUT: 850 CY
FILL: 20 CY
£XCAVA710N FOR FOOTINGS: SD CY
R£/,/OVAL & RECOIIPACTION (UNDER 51RUC1URE), 0 CY
TOTAL GRADING (Ctfr AND FILL OUTSIDE & BELOW 51RUC1URE) , 1,090 CY TOTAL EXPORT: 900 CY
• EARTHWORK OUANTT11£S ARE ES11MA1ED FOR PERMIT PURPOSES ONLY AND REPRESENT CO/,/PACTED (IN PLACE) VOLUMES ONLY. THESE VALUES ARE C4.LCULA1ED ON A THEORE:TICAL BASJS. ACTUAL QUANTmES MAY VARY DU£ TD 08S£RV£D SHRINKAGE AND/OR SWEl..L FACTORS.

COASTAL COMMISSION PERMIT NO.

APPROVED FOR CONSTRUCTION BENCHMARK CITY OF SOLANA BEACH DRAWING NO.

PRELJIIINARY GRADING PLAN FOR:
_____ City Engineer 437 MARVIEW DRIVE SDP21-010
Date: ___ _ SHEET I OF 1
PLSA J4.30
200 r
285 I
I

PRELIMINARY GRADING PLAN

DETAIL AND SECTIONS
PL
-- =-""'' 11====~~--=•--=cc-~-:C:::::----;::: i l
~PROP()Sf[JGRADE -, -~4"PVCDRAIN I
RtTAINING WALL PER 280 I
275
EXl511NG GRADE~
DECK:274.0 ~f Fr=274.0 STRUC1URAL -' RtTAJNING WALL PER JW-a285.0 IE=28J.8' I
I
270 I
2651
>---S_TR_U_C_T_U_R_A_L_D_E_S_IG_N_L_O_A_D_IN_G_C_R_IT_E_RI_A __ I STORMTRAP SYSTEM INFORMATION I UV[ LOAD!t.G· MSHTO HS-20 HIGHWAY t.OAO!HG I WATER STORA.Gt PROV: 2..,q) CUSJC fE(T I UNIT HEADROOM· s·-o~ SINOLETRAP GROUkO WATER TABLE:: S[LOW INVERT or SYST(M UWT QUANTITY; 1 TOTAL PIECES SOil S[ARIUG PRESSURE:JOOOPSf L_ ___________ _J
SOIL OENS!TY:120PCf
EOU!YAL[NT UNSATURATrP
LATERAL ACTIVE EMTH p;u;ssum:,35 PSr / fl.
[QUIVALCNT SATURAT(O
LAT!:RAL ACT!'I( EARTH PR[SSURE:fill PSF/TT, {If" WATER T>Jll.£ Pf!ESWT APPUCASl[ CODES; ASTM Cl357
ACI-J\8
l,33'
I
REllffORCrP CONCRET( fOUNDAT!ON ron STOllMTRAP SYSTEi.-' - BY OTHERS.

I
STRUC1URAL 8W=282.0 7J!'.276.0
8W=274.0
SECT/ONA SCAI.E: 1" • 1U

SITE SPECIFIC DESIGN CRITERIA

1. STORMTRAP UNITS SHALL BC MANUfACTURCO ANO !NSTALL£0 ACCORDING TO SHOP ORAWINGS APPROV(O SY THE INSTALUNC CONTRACTOR AtlO [NCIN[ER er RECORD. THE SHOP DRAWUIGS SHAU UIDICATt SIZt ANO LOCATION OF ROOF OPENINGS A!iO INLET/ oun.n PIP( nPtS, SIZt5, INVERT ELEVAT!OUS AND SIZE or OPENINGS.

2. covrn RMlGE: Ml'<.1.33'MAX. 7.00' CONSULT STORMTRAP fOR ADOITIOttAL COVER OPTIOIIS

3. ALL DIMENS10IIS AND SOIL COND!TIONS. !N.Ct.UDINO BUT NOT Ut.llTCC TO GROUI.OWATE/l: AttD SO!L BEARING CAPACITY AR[ REQUIRED TO BE VEllSIEO IN THE FIELD 81' OTHERS PR10R TO STO!l:MTRA" itlSlALLAT!ON ... fOR STRUCTURAL CALCULATIONS THE GROUND WATER TABLE: JS ASSUMto TO Br 8tLOW IUV(RT or Sf$"[µ IF WATER TABlt IS 01rrrnrnr THAii ASSUMto, CONTACT STORMTRAP. 1 ALtOWt,.B~E MIH GRADE "6.113 L-------------,--,--ALLOWABLE MAX CRACE "'12.50 I

7.00'
-----~.J----''~" ' -HWL ::.5.00
5·-o·smGLETRAP
e-_Jc..1-____ _LL_ ____ _LJ_~I-J..: -SYSTEM ltlYERT ::. D,CO I
s·-o·· SINGLETRAP

STORM TRAP TYPICAL DETAIL CROSS SECTION
290
285
280
275
270
265
1287 WIDitM PJ,W;Y/AY
P..S15-sn-4SG =~"""' / r:331-31&-53C
ENGINEER INFORMATION:

PASCO LARET SUITER &:

ASSOCIATES
535 NORTH COAST HWY

SOLANA BEACH, CA
BSS-259-8212
PROJECT INFORMATION:

BERTOLINO
437 MARVJEW DRIVE

SOLANA BEACH, CA
CURRENT ISSUE DATE:

DRAFT - NOT FOR

CONSTRUCTION
ISSUED FOR:

PRELIMINARY
~[V DATE: ISSUED roR: 'b~~
SCALE:

SHEET TITLE:

SINGLETRAP
DESIGN

CRITERIA
SHEET NUMBER:

1.0 COASTAL COMMISSION PERMIT NO.

PLSA 3430
NOTES:

1. ALL PLANTING AREAS SHALL BE COVERED WITH A 3" LAYER
OF DECORATIVE ROCK OR 3" LAYER OF BARK MULCH UNLESS
SHOWl'l OTHERWISE ON PLAN.

2. ALL SUCCULENTS REQUIRE CACTUS MIX OR OTHER
APPROVED SOIL TYPE TO BE PLACED MIN. 12" AROUND THE
BASE OF EACH PLANT.

3. ALL TREES PLANTED WITHIN 5' OF HARDSCAPE MUST BE

INSTALLED WITH A ROOT BARRIER ALONG THE HARDSCAPE
EDGE SPANNING OUT 5' IN EACH DIRECTION FROM THE
CENTER OF THE TREE FOR A TOTAL LENGTH OF 10'

4. REFER TO HYDROZONE PLAN FOR IRRIGATION
RECOMMENDATIONS.

5. ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE

STANDARDS OF THE COUNTY-WIDE LANDSCAPE

REGULATIONS AND THE CITY OF SOLANA BEACH LANDSCAPE

REGULATIONS AND ALL OTHER APPLICABLE LANDSCAPE
RELATED COUNTY AND REGIONAL STANDARDS.

6. CONTRACTOR TO SETUP A PRE-CONSTRUCTION

WALKTHROUGH TO TAG ANY EXISTING PLANTS TO REMAIN
AND EXISTING PLANTS TO BE DEMOLISHED. EXISTING TREES

7. CONTRACTOR TO ENSURE THAT NEW TREE LOCATIONS

ARE SPOTTED PER LANDSCAPE ARCHITECT'S SITE
DIRECTION. TREE INSTALLATION SHALL ALSO INCLUDE

COORDINATION OF DELIVERY AND PROTECTION OF TREES

PRIOR TO INSTALLATION, KNOWLEDGE OF UNDERGROUND

UTILITIES, PROPER DRAINAGE, AND STAKING PER STANDARD
DETAIL.

8. A.LL HARDSCAPE ELEMENTS SHOWl'l ON THE PLAN HAVE
BEEN DRAWl'l WITH AN ARTISTIC CONCEPTUALIZATION. SOME

ELEMENTS MAY BE REFINED OR SIMPLIFIED IN SUBSEQUENT

DESIGN DEVELOPMENT STAGES FOR REASONS OF
FEASIBILITY OR FURTHER STAKEHOLDER INPUT.

9. PROPOSED LANDSCAPING SHALL MAINTAIN REQUIRED

CLEARANCES FROM MECHANICAL EQUIPMENT AND UTILITY
APPURTENANCES, WIHILE SCREENING THEM FROM VIEW.

10. REINFORCED STRAW MATTING TO BE INSTALLED IN ALL

AREAS THAT ARE GRADED OR OTHERWISE DISTURBED

DURING CONSTRUCTION
LANDSCAPE LIGHTING NOTES:

LIGHT FIXTURES FOR ALL LANDSCAPE AREAS SHALL BE

PROVIDED IN SUFFICIENT NUMBERS 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
AREA. ALL EXTERIOR LIGHTING, INCLUDING LIGHTING IN
DESIGNATED "DARK SKY" AREAS, SHALL BE IN

CONFORMANCE WITH EXTERIOR LIGHTING
REGULATIONS.

HARDSCAPE AREAS

IRRIGATED LANDSCAPE AREA

WATER FEATURES
3,008 SF
5,104 SF
46SF

APPLICANTS STATEMENT OF COMPLIANCE

I AM FAMILIAR WITH THE REQUIREMENTS FOR

LANDSCAPE AND IRRIGATION PLANS CONTAINED

IN THE CITY'S WATER EFFICIENT LANDSCAPE
REGULATIONS. I HAVE PREPARED THIS PLAN IN

COMPLIANCE WITH THOSE REGULATIONS AND
THE LANDSCAPE DESIGN MANUAL. I CERTIFY

THAT THE PLAN IMPLEMENTS THOSE

REGULATIONS TO PROVIDE EFFICIENT USE OF
WATER.
~~------~08_-2_9_-2_2

DATE APPLICANT SIGNATURE
\
\
--_j

FOCAL PLANTER

CONCRETE STAIRS TO

LOWER BACKYARD LEVEL
- .
..

BACKYARD · SEE

NEXT SHEET
SMALL PATIO WI CASUAL--__,,.._,.,

SEATING

VIEW CORRIDOR, MAXIMUM
PLANT HEIGHT AT 291 .0 ELEVATION

EXISTING FENCE TO REMAIN ,

WOOD GATE TO MATCH FENCE
42~ HEIGHT SOLID IPE WOOD WITH 2'
HEIGHT 50% OPEN IPE WOOD FENCE ATOP '----------1-----------'''j. 42" HEIGHT CMU STUCCO WALL
WITH 2' HEIGHT 50% OPEN IPE

WOOD FENCE ATOP
\
\
\
0 q
42" WOOD ACCENT PANEL WI

ADDRESS NUMBERS

OG ROW & PARKING
'
~-' 0
SCALE· 1/&"=l'-O"

CONCRETE LANDING & STAIRS TO

LOWER LEVEL

CONCRETE SIDE YARD PAVING
6' CMU/STUCCO WALL W/ 2' 50%

OPEN WOOD EXTENSION

TRASH/RECYCLE STORAGE
42" HEIGHT SOLID WOOD FENCE

OR CMU STUCCO WALL

CONCRETE DRIVE
O.G RIGHT OF WAY AREA
z
<(
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w <(WW ~ ::) 0.. > f- I-<( w
f- 0.. u _J
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Cf)
w
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w ~~~ 0:::: z UJW 0 -CO . . u >< f- 0 w ~z z z a...~:S w - <( 0 - _J u !'-Cf) ~ (f) C"') u 0 0 'V
- r- z
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Q..
revisions
SUBMITTAL 01 04-28-2021
SUBMITTAL 02 08-CM-2021
SUBMITTAL 03 11-11-2021
SUBMITTAL~ 01-27-2022
SPA VAULT 03-23-2022
UPDATED ROW 10-1 2-2022
dfl"Mngp(tptftdby - CDlA
.tleetplotdlte- 10-12-2022
carion douglu JOb number - 20-03"
L-1
SHEET 1 OF

APPLICANTS STATEMENT OF COMPLIANCE
I AM FAMILIAR VV1TH THE REQUIREMENTS FOR

LANDSCAPE AND IRRIGATION PLANS CONTAINED

IN THE CITY'S WATER EFFICIENT LANDSCAPE
REGULATIONS. I HAVE PREPARED THIS PLAN IN
COMPLIANCE VV1TH THOSE REGULATIONS AND
THE LANDSCAPE DESIGN MANUAL. I CERTIFY

THAT THE PLAN IMPLEMENTS THOSE

REGULATIONS TO PROVIDE EFFICIENT USE OF
WATER.
_y~ ______ ......::; 08::...:-2:::::9..:: ·2=-2

DATE APPLICANT SIGNATURE
-__J
5' NON-CLIMBABLE FENCING VINYL

COATED CHAIN LINK OR SIMILAR

BIO-FILTRATION TANK

PER CIVIL

PATIO SEATING AREA

STAIRS TO UPPER

YARD AREA

PLANTING POCKET AGAINST

HOUSE TO SOFTEN STAIRWAY
6' SOLID NON CLIMBABLE

HORIZONTAL WOOD FENCING

PLANT PALETTE

SYMBOL PLANT CATEGORY I NAME WUCOLS

PLANTFACTOR QTY/SIZE
.. .....
•
ACCENT TREES SUCH AS:
- LEPTOSPERMUM PETERSON II - 20' MAX HT.
-ARBUTUS 'MARINA' MULTI -40' MAX HT.
- CALLISTEMON VIMINALIS - 20' MAX HT.
- GEIJERA PARVIFLORA - 30' MAX HT.
• MELALEUCA NESOPHILA - 20' MAX HT.

LOW
LOW
LOW
LOW
LOW
PROPOSED QUANTITY:

APPROX. 2
SIZE: 36" BOX
MEDIUM SCREENING OR ACCENT SHRUB SUCH AS: MED. SHRUB SIZES - RIBES SANGUINEUM 'SPRING SHOWERS' (CURRANT) 6' HT. LOW 70% 1 GAL 30% 5 GAL - RHAMNUS 'MOUND SAN BRUNO' (COFFEEBERRY) 4' HT. VERY LOW - LEUCOSPERMUM VELDFIRE (VELDFIRE PINCUSHION) 4'-6' HT. LOW • OLEA 'LITTLE OLLIE' OR 'MONTRA' 4'-6' HT. LOW
• LAURUS NOBILIS (SWEET BAY) 15'-40' HT. LOW
•sHALL ONLY BE USED IN AREAS OUTSIDE OF VIEW

CORRIDORS
PRIVACY SCREENING SHRUB SUCH AS:
- HETEROMELES ARBUTIFOLIA (TOYON) 15'-25' HT. LOW
- RHUS INTEGRIFOLIA (LEMONADEBERRY) 10' HT. LOW
- MALOSMA LAURINA (LAUREL SUMAC) 6'-15' HT. LOW
GRASSES/GRASSLIKE SUCH AS:
-CHONDROPETALUM TECTORUM (CAPE RUSH) LOW
-MUHLENBERGIA SPECIES (DEER GRASS) LOW
-L YGEUM SPART.UM (FALSE ESPARTO GRASS) LOW
-LOMANDRA 'BREEZE' (DWARF MAT RUSH) LOW
• DESCHAMPSIA CESPITOSA LOW
-LEYMUS SPART.UM (FALSE ESPARTO GRASS) LOW
-HESPERALOE SPECIES (RED YUCCA) LOW
TALL SHRUB SIZES:
70% 15 GAL 30% 24" BOX
GRASS SIZES:
70% 1 GAL 30% 5 GAL

I EXISTING NATIVE VEGETATION TO REMAIN I

PATIO AREA WITH SMALL PLANTER
POCKETS I 6'X6' SPA

FLUSH WOOD DECKING AT SPA
• • 0 ~IL5' NON-CLIMBABLE FENCING VINYL

COATED CHAIN LINK OR SIMILAR

NATIVE SHRUB SCREENING

DG BOCCE COURT
6' HT. SOLID NON-CLIMBABLE

HORIZONTAL WOOD FENCING

BIO-FILTRATION TANK PER CIVIL

STEPPED RETAINING PLANT BEDS

CONCRETE STAIRS TO LOWER
LEVEL
SCALE: 11!"=1 '-0"
• •

ACCENT SUCCULENTS
-EUPHORBIA SPP.
-ECHINOCACTUS SPP.
-AGAVE SPP.
-ALOE SPP.

ACCENT GRASSES SUCH AS:
- CHONDROPETALUM TECTORUM (CAPE RUSH)
- MUHLENBERG IA RIG ENS (MUHL Y GRASS)
• LOMANDRA LONGIFOLIA (DWARF MAT RUSH)
- YUCCA FILAMENTOSA 'COLORGUARD' (ADAMS

NEEDLE)
• HESPERALOE SPP. (RED YUCCA)
!.. UPRIGHT SUCCULENTS SUCH AS:
~ -AGAVE AMERICANA (CENTURY PLANT) - HEIGHT 8'
□
□
WITH 15'-40' FLOWER SPIKE
-ALOE MARLOTHII (MOUNTAIN ALOE) - HEIGHT 10'
- DASYLIRION SPP. - HEIGHT 10'
-AGAVE ATTENUATA (FOXTAIL AGAVE)- HEIGHT 3'
WITH 4'-7' FLOWER SPIKE
- YUCCA ROSTRATA (BIG BEND YUCCA)- HEIGHT 12'-16'
NATIVE SLOPE PLANTING:
- ARCTOSTAPHYLOS SPECIES (MANZANITA)
- CEANOTHUS SPECIES (CALIFORNIA LILAC)
- BACCHARIS
- MUHLENBERGIA RIGENS
PLAY LAWN:
- UC VERDE BUFFALO GRASS

VERY LOW

VERY LOW

VERY LOW

VERY LOW
LOW
LOW
LOW

VERY LOW

VERY LOW

VERY LOW
LOW

VERY LOW
LOW

VERY LOW
LOW
LOW
LOW
LOW
HIGH
CONTAINER SIZES:
70% 1 GAL 30% 5 GAL
CONTAINER SIZES:
70% 1 GAL 30% 5 GAL
CONTAINER SIZES:
70% 5 GAL 30% 15 GAL
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WATER METHOD
AREA

PLANT ACTOR

CITY OF SOLANA BEACH ESTIMATED TOTAL WATER USE ETWU WORKSHEET lrrl .1 tion Point of Conn•ctlon (P.O.C.) 'A'•

HYDROZONE HYOROZONE HYDROZONE HYDROZONE
LINE 1 rip) 2 (pool 3 (slofM .( (I.Jwn
EVAPOTRANSPIRATIOH RATE (Eto) 41
CONVERSION FACTOR - 0.62
LINE 1 X LINE 2
PLANT FACTOR (PF 0.30 1.00
HYDROZONE AREA !HAI 1798 46
LINE 4 X LINE 5 539.4 <6.0
IRRIGATION EFFICIENCY (IE) 0 81 I 00
LINE 6 / LINE 7 66593 46 00
TOTAL OF ALL LINE 8 BOXES
LINE 3 X LINE 9 - ESTIMATED TOTAL 10

WATER USE (ETWU)

MAXIMUM APPLIED WATER ALLOWANCE (MAWA)
ETo = 41 1nlyr
LA = 5104 sq ft
SLA = 84 SQfl
ETAF= 0 55
MAWA =
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(Eto)(0.62)/(0.55 x LA) + (1-.55)x SLA)J
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0.50 845
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IRRIGATION RECOMMENDATIONS:

1. DEEP WATER ALL PARKWAY TREES.

2.CONTRACTOR SHALL INSTALL RAINBIRD XT-700 DRIP

TUBING (OR EQUAL) PER MANUFACTURERS INSTRUCTIONS
IN ALL NEW PLANTING AREAS. HYDROZONES SHALL BE
GROUPED BY PLANT NEEDS AND SOLAR EXPOSURE. TREE

BUBBLERS ARE REQUIRED FOR ALL TREES AND SHALL BE
ON A SEPARATE ZONE. ANY POTS SHALL BE IRRIGATED W/
DRIP TUBING ON A SEPARATE ZONE. ZONES SHALL BE

CONTROLLED AUTOMATICALLY WITH A RAIN SHUTOFF
ENABLED SMART CONTROLLER.

IRRIGATION AND MAINTENANCE NOTES:

1. PROPOSED IRRIGATED LANDSCAPE AREAS = 5,104 SF

2. PROPOSED LANDSCAPING SHALL MEET THE APPLICABLE REGULATIONS OF THE WATER EFFICIENT LANDSCAPE REGULATIONS OF SSMC 17.52

3. ALL PLANTED AREAS SHALL RECEIVE SUPPLEMENTAL WATER VIA AN AUTOMATICALLY CONTROLLED, UNDERGROUND IRRIGATION SYSTEM.

THE IRRIGATION SYSTEMS WILL BE DESIGNED ACCORDING TO SPECIFIC

PLANT REQUIREMENTS AND ENVIRONMENTAL EXPOSURES, THE DESIGN

WILL UTILIZE WATER CONSERVATION EQUIPMENT SUCH AS RAIN SENORS,

MASTER CONTROL VALVES, CHECK VALVES AND LOW-FLOW IRRIGATION HEADS.

4. THE PROPOSED SYSTEM WILL PROVIDE COMPLETE WATER COVERAGE

AND SHALL CONFORM TO THE CITY OF SOLANA BEACH STANDARDS AND

ALL OTHER LANDSCAPE AND IRRIGATION RELATED STATE, CITY AND

REGIONAL STANDARDS

5. A COMPLETE LANDSCAPE AND IRRIGATION PLAN PACKAGE IN

COMPLIANCE WITH THE STATE OF CALIFORNIA MODEL WATER EFFICIENCY

LANDSCAPE ORDINANCE SHALL BE SUBMITTED TO THE CITY OF SOLANA

BEACH FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION AND THE

ISSUANCE OF A BUILDING PERMIT FOR THIS PROJECT
ll 10 5 0 ~- " SCALE 1·=1a
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WATER METHOD
AREA

PLANT FACTOR

APPLICANTS STATEMENT OF COMPLIANCE
I AM FAMILIAR V'<lTH THE REQUIREMENTS FOR

LANDSCAPE AND IRRIGATION PLANS CONTAINED

IN THE CITY'S WATER EFFICIENT LANDSCAPE
REGULATIONS. I HAVE PREPARED THIS PLAN IN

COMPLIANCE WITH THOSE REGULATIONS AND
THE LANDSCAPE DESIGN MANUAL. I CERTIFY

THAT THE PLAN IMPLEMENTS THOSE

REGULATIONS TO PROVIDE EFFICIENT USE OF
WATER.
1~ 01 -27-22
DATE

APPLICANT SIGNATURE
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SUBMITTAL.01 04-26-2021
SUBMITTAl..02 06-04-2021
SUBMITTAL 03 11-11-2021
SUBMITTAL Q.( 01-27-2022
SPA VAULT 0).23-2022
UPDATED ROW 10.12-2022
d1a'Mllgpreparedby- COLA
sheetplotdatt- 10.12-2022
carson douglu JOb number• 20-038
L-3
SHEET 3 OF 3
CELEBRATING 46 YEARS OF ENVIRONMENTAL EXCELLENCE
16 August 2021
Shani Sparks
EOS Architecture
7542 Fay Avenue
La Jolla, CA 92037
Re: Initial Inventory of Biological Resources, 437 Marview Drive, City of Solana Beach Dear Shani,
At your request I have conducted an Initial Inventory of Biological Resources at 437 Marview Drive in the City of Solana Beach pursuant to the City’s Local Coastal Program Land Use Plan (LCP/LUP). This report also addresses comments provided by the City dated July 14, 2021.

The 437 Marview Drive project is the demolition of an existing single-family residence on a

0.325 acre parcel (APN 263-160-44), which will be replaced with a new split-level home and associated improvements.

The property is located in the northwest portion of the City, west of Interstate 5 and north of Lomas Santa Fe Drive (Figures 1 and 2). The elevation of the site is approximately 250’ MSL (Figure 3). The project site is bordered on all sides by existing residential development (Figures 4 and 5), most of which was created in the late 1950s (HistoricAerials.com). Several other residences on Marview Drive (403, 439, and 445) have been remodeled and expanded in recent years, significantly encroaching into an Environmentally Sensitive Habitat Area (ESHA or its buffers).

Most of the parcel (~80%) is flat and contains the existing residence as well as ornamental landscape plantings. On the back side of the house is a steep, west-facing manufactured slope (see Photographs). Contiguous with the western parcel boundary is an area mapped as an (ESHA - Figure 7).

Methods
To conduct the Inventory, I visited the project site on 16 June 2021. The conditions for observation during the visit were excellent, with thin high clouds, no impediments to visibility, temperatures in the mid 70s, and a 3-5 kt SW wind. The visit lasted from approximately 1230 to 1345. During my visit, I was able to examine the entire project site and adjacent areas. My observations were recorded as they were made and form the basis of this report. Animals were identified using scat, tracks, burrows, vocalizations, or by direct observation with the aid of 10X42 Leica binoculars.

Results
As shown in the attached photographs, most of the steep-west facing slope and flat areas behind the residence is covered with a thick mat of highly invasive non-native iceplant Carpobrotus edulis, likely planted to stabilize the slope and provide a fire resistant ground cover. The parcel is

EVERETT AND ASSOCIATES

ENVIRONMENTAL CONSULTANTS
ESTABLISHED IN 1975
POST OFFICE BOX 1085 (858) 456-2990 TELEPHONE
LA JOLLA, CALIFORNIA 92038 [email protected] EMAIL
2 mapped in the LUP as being within a Moderate Fire Hazard Severity Zone within the Urban Wildland Interface.

Along the western parcel boundary is an approximately 1,500 square foot area of native vegetation. It consists almost entirely of chamise Adenostoma fasciculatum plants. It also contains one laurel sumac Malsoma laurina bush and several small flat-top buckwheat Eriogonum fasciculatum bushes. The chamise, sumac, and buckwheat bushes are common components of several types of scrub/chaparral plant communities. The site does not any plant contain species typically considered indicative of Southern Maritime Chaparral, such as Del Mar manzanita Arctostaphylos glandulosa ssp. crassifolia, wart-stemmed ceanothus Ceanothus verrucosus, Nuttall’s scrub oak Quercus dumosa, and small-flowered soap plant Chlorogalum parviflorum.

Although it is not contiguous with the 437 Marview property, a small patch of higher quality habitat appears to currently occur within the drainage south of the project site.

Bird species detected include Anna’s Hummingbird Calypte anna, House Finch Haemorhous mexicanus, and American Crow Corvus brachyrhynchos, all of which are species commonly found in residential areas. The only mammal detected was Botta’s Pocket Gopher Thomomys bottae (burrows). The only reptiles/amphibians observed were several Western Fence Lizards Sceloporus occidentalis.

Regulatory Setting
The City of Solana Beach lies entirely within the State designated Coastal Zone.

Accordingly, the City has developed and implemented its Local Coastal Program (LCP) Land Use Plan (LUP) to locally implement the State’s goals for the coastal zone which are to:
(a) Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal-dependent and coastal-related development over other development on the coast.
(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

Chapter three of the LUP describes the marine and land biological resources contained within the city, including sensitive species and habitats. The LUP further defines and maps Environmentally Sensitive Habitat Areas (ESHA) within the city. The LUP defines an environmentally sensitive area (Policy 3.1) as ”any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily be disturbed or degraded by human activities and developments”. City policy requires that “development adjacent to ESHA be sited and designed to prevent impacts that would significantly (emphasis added) degrade ESHA and to be compatible with the continuance of 3 the [sensitive] habitat areas.” Chapter three of the LUP contains no less than 112 separate policies governing development in and adjacent to ESHA and other sensitive resources.

ESHA Designation
As noted above, the vegetation located on the Bertolino property consists predominately of a single plant species - chamise. Chamise is probably the most common and widely distributed scrub species in the state of California (Chamise, Adenostoma fasciculatum (calscape.org)). It is abundant in San Diego County and occurs from the coast to the highest elevations in the county, extending to the eastern slopes of the mountains. The other two native plant species noted on the site, laurel sumac and flat-top buckwheat, are nearly as common, widespread, and abundant. None of these plants are “rare or especially valuable” - which would preclude them from categorization as ESHA.

In addition, chamise (aka greasewood) is widely recognized within the fire services as one of the most dangerous native plant species due to its extreme susceptabilty to wildland fire.

Buffer Policy
Policy 3.22 addresses buffers around ESHA. The ideal buffer width is 100 feet, but that may be reduced (Policy 3.65) by the Planning Department and the Fire Marshall. The situation on the Bertolino property poses a unique situation, however, in that the area has been intensly developed for many decades. The existing residence is on average 20 feet from the edge of the native vegetation. A similar situation exists on the parcel contigous with the Bertolino property to the west.

For the two contigous parcels to the south, there is essentially no distance from the edge of structure to native vegetation. Throughout the drainage feature on the west side of the Bertolino parcel distances from native vegetation to existing structures are rarely greater than 30 feet. Thus, achieving a 100’ buffer (or even a 50’ buffer) is not practible in this situation.

Conclusions
Because of the small area, existing edge effects, and vegetative monoculture, the native vegetation on the project site has very little habitat value and should not qualify as an ESHA. All of the vegetation falls within the existing 100’ Fuel Modification area, and most of it falls within Zone 1 (0-30 feet from the residence) meaning that it could be completely removed pursuant to Policy

4.75 of the LUP. It should be noted that if the native vegetation on the site were cleared as allowed by Policy, only a small patch and strip of vegetation two feet wide on the project site (826 square feet or 0.01 acres) would remain, and also pursuant to Policy 4.75 this could be thinned to a height of 18 inches. These legal actions would essentially eliminate any potential habitat functions and values that would remain. If other property owners bordering the drainage undertook these legal actions any functional habitat throughout the drainage would disappear. In essence, these circumstances render any remaining “habitat” on and near the project site impact neutral. Because of existing edge effects, including extensive growth of invasive iceplant, any native vegetation on the site will likely disappear within a matter of a few years.

Although the new structure will not be situated on exactly the same footprint as the existing residence, it will not impact or require removal of the native vegetation. As shown on the project Landscape Plan, the existing natural vegetation on the site will remain and will not be impacted. 4 Thank you for the opportunity to conduct this work, and please let me know if you have any questions.

Sincerely,
William T. Everett, MS, FN, FRGS
San Diego and Riverside County Approved Biological Consultant 5 Figure 1. Location of the project site in regional context.

Figure 2. Detail location map of the project site.

PROJECT SITE

PROJECT SITE
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23 JJLJPA CT
24 IQW..ACT
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26 111,ENAVOOl,IRA CT
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30 CIW'M.ACT
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6 Figure 3. Topographical map showing the project site. Taken from USGS Del Mar 7.5 minute series quadrangle.

PROJECT SITE
•
Solana Bea -
l
Go gle
7 Figure 4. Project site in a local context.

Figure 5. Close up aerial photograph of project site showing parcel boundaries.

PROJECT SITE
8 Figure 6. Vegetation map for the property. White line represents parcel boundaries, the area within the red lines represents area of native plants on the site. All other areas shown are Urban/Developed - see text above for a description of the vegetation.
9 Figure 7. Natural vegetation types and Environmentally Sensitive Habitat Areas (ESHA) in the vicinity of the project site. Red dotted area indicates mapping as Diegan Coastal Sage Scrub - Disturbed. Orange dotted areas mapped as Southern Maritime Chaparral - Disturbed. Taken from the LCP/LUP Exhibit 3-6.

PROJECT SITE
10 Photograph 1. View of the front of the existing residence, facing Marview Drive.

Photograph 2. View of northeast corner of the existing residence. 11 Photograph 3. View of southeast corner of existing residence.

Photograph 4. View looking west from the northwest corner of the existing residence. Extensive area of iceplant shown in the foreground.
12 Photograph 5. Rear of residence showing iceplant-covered slope.

Photograph 6. Unmanned Aerial Vehicle image showing parcel boundaries (southwest corner) and native vegetation.

AREA OF NATIVE

VEGETATION
13 Photograph 7. Unmanned Aerial Vehicle image showing native vegetation along western parcel boundary.

AREA OF NATIVE

VEGETATION
550 West C Street
Suite 750
San Diego, CA 92101
619.719.4200 phone
619.719.4201 fax
esassoc.com
memorandum
date
to
from
subject
December 6, 2021
Katie Benson, Senior Planner, Community Development Department, City of Solana Beach Sonya Vargas, Senior Biologist and Daryl Koutnik, Principal Biologist Peer Review Memo for the Initial Inventory of Biological Resources for 437 Marview Drive, Solano Beach, California (APN 263-160-44)
Environmental Science Associates (ESA) has prepared this memorandum for the City of Solana Beach (City) to summarize the results of a peer review of the Initial Inventory of Biological Resources, 437 Marview Drive, City of Solana Beach prepared by Everett and Associates Environmental Consultants on August 16, 2021 (Inventory), for the proposed demolition of the existing single-family residence located at 437 Marview Drive (APN 263- 160-44), to be replaced with a new split-level single-family home and associated improvements. The review of the biological resources report was completed in association with the Bertolino Residence architectural site plans prepared August 22, 2021 by EOS Architectural Inc. and revised November 1, 2021. A revised Initial Inventory of Biological Resources, 437 Marview Drive, City of Solana Beach report prepared by Everett and Associates Environmental Consultants on November 11, 2021 was also reviewed. The new development will extend beyond the currently developed footprint on the project site and will replace an unspecified square footage of urban/developed land dominated by iceplant (Carpobrotus edulis) with the expanded new footprint. A previously proposed associated infrastructure feature (stormwater level spreader) has been removed from the site plan and will no longer be installed. Removal of existing native vegetation is not proposed.

The purpose of this peer review is to verify the technical accuracy contained in the Inventory and to confirm adequate documentation of the biological resources present with an accurate analysis of project impacts for the purpose of determining project consistency with the City’s Local Coastal Program (LCP) Land Use Plan (LUP), with specific reference to Chapter 3, Marine and Land Resources.

Methodology
The peer review included a desktop review of the Inventory and documentation related to the LCP, and a project site verification. The project site is located west of Interstate 5 and north of Lomas Santa Fe Drive in the City of Solana Beach, California. The site visit was conducted on September 16, 2021 by ESA senior biologist, Sonya Vargas, to verify the findings presented in the inventory of biological resources report. A review of the proposed site plan was included subsequent to the site visit.
r ESA
~
Peer Review Memo for the Initial Inventory of Biological Resources for 437 Marview Drive, Solano Beach, California (APN 263-160-44) 2 Results
Based on the September 16th site visit, existing site conditions were observed to be consistent with those described in the Inventory. The site occurs within and adjacent to established residential areas (to the north, west, east, and south). Representative site photographs taken during the site visit are included as Attachment A.

Wildlife species detected during the survey included Anna’s hummingbird (Calypte anna) and black phoebe (Sayornis nigricans), and a red-shouldered hawk (Buteo lineatus) was heard calling from an unknown nearby location.

The LUP designates Environmentally Sensitive Habitat Areas (ESHA) interspersed between the residential areas in the project vicinity. The closest LUP-mapped ESHA occurs about 20 feet west of the existing single-family residence near the bottom of a west-facing slope, and is designated as Southern Maritime Chaparral – Disturbed.

This mapped ESHA covers an approximately 1,500 square foot area within the property and is dominated by chamise (Adenostoma fasciculatum), a common chaparral species. Other native plant species observed include laurel sumac (Malosma laurina), flat-top buckwheat (Eriogonum fasciculatum), black sage (Salvia mellifera), blue-eyed grass (Sisyrinchium bellum), common sandaster (Corethrogyne filaginifolia), and red bush monkeyflower (Diplacus puniceus). In addition, near the southwest corner of the property, there was at least one mature ceanothus species. It was not clear at the time of the site visit whether the ceanothus detected occurred within the property boundaries, or off-site, which is immaterial since the entire patch of habitat supports this sensitive species regardless of the property boundary. Based on the current out-of-season conditions, this ceanothus was identified as likely being the California rare plant rank 2B.2 special-status species, wart-stemmed ceanothus (Ceanothus verrucosus), often an indicator species of southern maritime chaparral. The specimen observed possessed the characteristic corky leaf stipules and the leaves had entire margins. While it is advisable that the applicant have a survey conducted for this species during the blooming period (January-April) to positively identify the species as well as determine whether any of the plant occurs within the property boundary, the species was accurately identified outside of the blooming period by ESA. The ceanothus is connected to a patch of higher quality habitat that extends south of the project site. The remainder of the open area west and immediately adjacent to the existing property is dominated by a dense mat of iceplant containing scattered nonnative and ornamental plant species. The iceplant appears to be encroaching into the native habitat and filling in the open areas in between the chamise.

The Inventory references LUP Policy 3.1 that defines an environmentally sensitive area as “any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments,” and concludes that due to the small area, existing edge effects, and vegetative monoculture, the native vegetation mapped as ESHA in the LUP has very little habitat value and should not qualify as an ESHA. However, assuming the presence of wart-stemmed ceanothus, then this habitat has potential for supporting sensitive species, which could easily be disturbed or degraded by human activities and developments, such as invasion by non-native iceplant. Furthermore, according to Policy 3.6 of the LUP, any area mapped as ESHA shall not be deprived of protection as ESHA, as required by the policies and provisions of the LCP, on the basis that habitat has been illegally removed, degraded, or species that are rare or especially valuable because of their nature or role in an ecosystem have been eliminated. The LUP also states that, “…the mixed chaparral supports regionally rare species (Nuttall’s scrub oak and wart-stemmed ceanothus), and as such, when looked at on a case-by-case basis, even isolated patches could be considered ESHA.”
Peer Review Memo for the Initial Inventory of Biological Resources for 437 Marview Drive, Solano Beach, California (APN 263-160-44) 3 While the applicant states that no native vegetation will be impacted as a consequence of the expansion beyond the existing development footprint, a preliminary grading plan and landscape plans depicted two “level spreaders,” both of which would remove existing native vegetation, constituting direct impacts to ESHA. The two level spreaders have been removed in the revised grading and landscape plans and are no longer proposed. In addition, the western expansion along the west-facing slope has the potential to impact the native vegetation, which is currently on average 20 feet from existing development, and will be immediately adjacent to the new development. Moreover, the LUP establishes policies that call for the protection of areas adjacent to ESHA through the provision of buffers. These buffers would be made up native vegetation surrounding ESHA to prevent impacts that would significantly degrade the ESHA. The LUP goes on to describe that development shall not be permitted within those buffer areas, and that new development be sited and constructed to avoid impacts, including fuel modification, that would significantly degrade ESHA. Policy 3.29 of the LUP also specifies guidelines for landscaping adjacent to ESHA, which should be followed. The current landscape plans indicate that the ice plant will be replaced with “coastal sage inspired slope landscape,” which is inferred to be “Native Slope Planting.” The “Native Slope Planting” palette lists native herbaceous and shrub species, including unnamed Ceanothus species. Selection of native species for landscaping should be done carefully in order to avoid indirect impacts such as potential genetic mixing with any sensitive native species of the same genus in the area (only locally indigenous plant material should be used).

The Fire Department was contacted by the City and confirmed that the property area is not within a Very High Fire Severity Zone, and thus no adjustments to the fuel modification will be required. It should also be noted that due to the fragmentation of the native habitat, it likely does not support a formal wildlife corridor system.

While the proposed project construction area does not contain suitable nesting habitat for sensitive or migratory bird species, as defined in LUP Policy 3.32, mature trees within 500 feet of the project site may provide potential nesting habitat for raptors. LUP Policy 3.32 includes the following recommendation:

Policy 3.32. For development in locations known, or determined by environmental review, to potentially have breeding or nesting sensitive bird species, two weeks prior to any scheduled development, a qualified biological monitor shall conduct a preconstruction survey of the site and within 500 feet of the project site. Sensitive bird species are those species designated “threatened” or “endangered” by state or federal agencies, California Species of Special Concern, California Fully Protected Species, raptors, and large wading birds. In addition, surveys must be conducted every two weeks for sensitive nesting birds during the breeding season. If nesting sensitive birds are detected at any time during the breeding season, the California Department of Fish and Wildlife shall be notified and an appropriate disturbance setback will be determined and imposed until the young-of-the-year are no longer reliant upon the nest. The set-back or buffer shall be no less than 100 feet.

Because red-shouldered hawk, a raptor, was heard in the general area of the project site, ESA recommends compliance with the Policy 3.32, initially implementing the recommended minimum 100-foot buffer, if an active nest is found during the preconstruction survey.

Conclusion and Recommendations
ESA concludes that the proposed development, as currently designed in the revised grading and landscape plans, is consistent with the Coastal Act or Chapter 3 of the LUP, in that the proposed development footprint would not directly impact ESHA. The revised biological resource assessment concurs with ESA’s conservative determination that the area supporting native vegetation still retains qualities of an ESHA in supporting habitat Peer Review Memo for the Initial Inventory of Biological Resources for 437 Marview Drive, Solano Beach, California (APN 263-160-44) 4 for rare species. Our previous recommendation to revise the stormwater and landscape plans to avoid direct impacts to ESHA has been incorporated.

If you have any questions regarding this review, please contact Janelle Firoozi at 949.422.3485 or Sonya Vargas.

Sonya Vargas
Senior Biologist
ESA | Environmental Science Associates
619.767.8652 cell
[email protected]
Attachment A. Representative Site Photographs
Attachment A. Representative Site Photographs
A-1
Photo Point 1 – View of open space south of Residential Property, facing west.

Photo Point 2 – View of open space north of Residential Property, facing west.

Attachment A. Representative Site Photographs
A-2
Photo Point 3 – View of open space east of Residential Property, facing south.

Photo Point 4 – View of open space west of Residential Property, facing south.

Appendix A. Representative Site Photographs
A-3
Photo Point 5 – View of open space west of Residential Property, facing north.

Photo Point 6 – View of open space west of Residential Property and adjacent retaining wall, facing south.

Attachment A. Representative Site Photographs
A-4
Photo Point 7 – View of open space west of Residential Property, facing west.

Photo Point 8 – View of open space and native vegetation west of Residential Property, facing northeast.

John and Barbara Mansdorfer
Marview Lane
Solana Beach, CA 92075
August 9, 2022
Katie Benson
Staff Project Planner
City of Solana Beach
Dear Ms. Benson,
Thank you for meeting with us on August 2, 2022 and showing us the plans for the proposed new structure at 437 Marview Drive, Solana Beach.

Project File: DRP 21-009/5DP21-010
Property Owners/Applicants: Tom & Marti Bertolino.

We live on Marview Lane, and the new structure will overlook our home and garden from the rear. At 4401 SF, and two storeys, it is considerably larger than the existing property structure. It will also include an outdoor space with spa and bocce ball court. The plans require grading of the hill which is between our house and the Bertolino’s property (see attached photos).

Given that we live downhill from the homes on Marview Drive, we already lack some degree of privacy. This new structure and outdoor entertainment area will impact us so much more. We are very concerned about how this will affect our privacy, quality of life going forward, and the resale value of our house. We would like our concerns to be noted, before the City Council meets to consider the Development Review Permit.

Sincerely,
John and Barbara Mansdorfer

RECEIVED
AUG 09 2022
Community Development Dept.

City of Solana Beach
-

Katie Benson
RECt:IVED
From: Jim Greenstein
SEP 1 2 2022
Sent:

To:

Sunday, September 11 , 2022 9:41 PM community Development Dept.

Katie Benson City of Solana Beach
Cc: John Mansdorfer; Mo Sammak; Carrie Greenstein; Joseph Lim Subject: 437 Marview Drive - Bertolino
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Katie,
I hope you had a good weekend.

As I mentioned last week, we are providing comments regarding the Bertolino's project, located along the east side of our property a~ arview Lane. We are concerned about the impacts of proposed grading and drainage {both rainfall and irrigation) on the steep slopes and bluffs located between the Bertolino' s proposed project and our home. Our neighbors John and Barbara Mansdorfer at - Marview Lane have the same concerns, as the bluff extends onto their property. There is not adequate information on the plans to address the grading and drainage impacts, and slope/bluff stability. Therefore, before the Bertolino's project is placed on the Agenda and presented to Council, we would like the following items resolved:

1. Slope Stability and Grading
The plans currently do not adequately show the extent of the grading needed to provide a complete geotechnical evaluation. Due to the steep slopes and bluffs, we need to verify that the proposed project will not pose a hazard to our property {or our neighbors at 450 Marview Lane) by impacting the stability of the steep slopes and bluffs.

The civil and architectural plan both note that soil removal and recompaction is zero. However, this disagrees with the Hetherington geotechnical investigation that recommends removal of unsuitable soils, scarifying existing soil and placement of fills.

Considering this project is being constructed on a slope, I anticipate soil removals and recompaction to extend beyond the structures and hardscape, as is also mentioned in the Hetherington report {"to 5-feet beyond" and "3 to 5-feet below").

The plans currently do not show the full extent of grading needed for the proposed project. We are requesting that the Berto lino's geotechnical engineer provide a site plan that shows the entire site area anticipated to be graded and disturbed, as well as showing the depths and extent of remedial grading in site cross sections.

As for the cross section, the cross section in the Terra Pacific report matches an older cross section in the architectural plans. PLSA provided additional surveying that more accurately maps the bluffs on our property. The geotechnical cross section should reflect the latest survey topo.

The proposed lower-level patio for the project is depicted without a perimeter retaining wall. The patio edge is up to

4.5-feet above the existing ground. To adequately evaluate the grading impacts to the slope and bluff, and the required remedial grading, the plans need to show the perimeter retaining walls and the limits of grading for constructing of the retaining walls.

2. Drainage
1 This project proposes to double the impervious areas, greatly increasing the amount of runoff. Considering this project is perched on a steep slope that leads to steeper slopes and bluffs below, drainage will have a detrimental impact on our property, as well as 450 Marview Lane, if not addressed adequately.

Currently, any runoff is spread over the entire slope. The project substantially changes the existing conditions by proposing to collect and concentrate the drainage into a pipe that conveys runoff water to and across our property. Although many months ago I had discussions with Bertolino's representative about this possibility, we did not reach an agreement to implement this concept. After further evaluation and consideration, we are not willing to accept any pipe or other facility that conveys runoff or drainage water from the proposed project on or across our property. The slope and bluff must remain stable and not be compromised by increased groundwater or runoff.

Currently, the westerly slope of the Bertolino property is not irrigated and is covered with ice-plant and native vegetation. If irrigation is added on the west side of the project, it must be restricted to only allow drip irrigation to establish the planting of native and drought tolerant plants.

Also, the plan does not show how low flow runoff will be treated. Low flows from excessive irrigation and leaks, and from the spa, must be infiltrated on the Bertolino's property to avoid nuisance flows that can damage pavements and destabilize the bluff on the west slope.

3. Sewer
The lower level of the proposed house is lower than the public sewer main in the street on Marview Drive. The plans do not show how the sewage will get to the public main on Marview Drive. While a sewer pump system can be added, we would not want a pump system failure to cause sewage flows onto our property. We request that the pump system be located within a patio or under the house where it will be monitored and repaired quickly.

Before this project is scheduled on the Council Agenda and presented to Council, we ask that these issues be resolved.

Thank you,
Jim & Carrie Greenstein
-Marview Lane
Please note that John Mansdorfer at-Marview Lane is copied on this email. 2 To whom it may concern,
Myself, Samuel Cannon and my fiance , Paul Stone live at llll!IMarview Dr. We have been made aware, by our neighbors at, 437 Marview Dr, of the upcoming new structure being built. We have seen the plans and story poles and are supportive of the project to move forward.

Best Regards,
Samuel Cannon & Paul Stone
May 16, 2022
City of Solana Beach
To Whom It May Concern,
We are Jospeh and Cynthia Fossen, owners of the 2005 Fossen Trust, property owners located atMarview Drive, Solana Beach. The property 437 Marview Drive, owned by Tom and Marti Bertolino, is located directly north of our property.

The Bertolino's project File:DRP20-005/SDP-009 is the reason for our letter. The Bertolinos have provided us with an opportunity to meet with themselves and their architect, Jennifer Bolyn, on more than one occasion, to address our concerns for the proposed plans. Our concerns were listened to, taken into consideration and changes were made to the proposed plan before it was submitted to the City of Solana Beach. We feel the Bertolinos have been very responsive to our concerns and we are very satisfied with the plan submitted. We look forward to completion of their new home and having them as neighbors.

Joseph Fossen
Cynthia Fossen
May 6, 2022
Re: Marty and Tom Bertolino
To whom it may concern:

Marty and Tom Bertolino live across the street from us on Marview Drive in Solana Beach.

During the course of the design process for the rebuild of their home, they have sought out our input and been responsive in accepting our feedback. At one point, their design had included a crow's nest above the existing single story home which was not a desirable addition from our vantage point out west. They worked with their architect and removed the second story. \//e really appreciate their willingness to seo/'"°ur input and compromise on their design.

Sincerely,
Todd and Kimeya Johansen
- Marview Drive
I
From: Rebecca Schmitt
Sent: Tuesday, May 24, 2022 12:51 PM
To: Jennifer Bolyn <[email protected]>
Cc:

Subject: 437 Marview Drive view impact on Marview Drive Good afternoon, Jennifer,
Sorry for the delay, I was out of town for a month. Please feel free to share this e-mail with the Solana Beach planning department. If you need me to send this directly to someone at the City, please let me know. I can also drop it off in person tomorrow if that helps. -You and the owners worked with us throughout the process as you developed the plans for 437 Marview Dr.
-Because we are directly across the street, our views will be negatively impacted more than other neighbors. We appreciate that you took that into consideration in the process and were responsive to our concerns.
-We have agreed that the current/final building design, although it significantly reduces our views, is reasonable and provides us with a reasonable remaining view. -I'm not sure if this counts as part of the view assessment, but the owners have confirmed that, with the possible exception of a palm tree or two, trees will be removed and the landscaping will be kept low so as to not block our remaining view. We appreciate that accommodation as well.

It has been a pleasure working with you and the owners throughout the process.

Rebecca Schmitt
Marview Dr
Solana Beach, CA 92075
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7542 Fay Ave
La Jolla, CA 92037
(858) 459-0575 PHONE
www.eosarc.com

January 3, 2022
Attn: City Council Members
c/o Ms. Katie Benson
Senior Planner, Community Development Department
City of Solana Beach, 635 South Highway 101
RE: Bertolino Residence
437 Marview Drive
Solana Beach, VA
DRP20-005/ SDP-009

Dear Members of City Council,
The following letter describes the proposed design for the Bertolino Residence located at 437 Marview Drive and documents the neighborhood outreach and coordination process.

Marti and Tom Bertolino, the Applicants for this project, have lived in their existing home for over five years and now look forward to replacing the older residence with one that suits their family's needs and integrates well into the neighborhood. This letter describes and documents the proposed design and neighbor-meeting process. The overall intent for this project is to create an aesthetically beautiful home, including landscaping, which is not only in keeping with but is a sensitive enhancement to the neighborhood. The design process has painstakingly engaged neighborhood feedback to ensure compliance with the criteria for a design review and site development permit.

NEIGHBOR OUTREACH
This application has involved extensive coordination with the adjacent neighbors, as follows:
1) At the beginning of the project, in March of 2021, we met onsite with the neighbors to discuss design concepts and listen to any concerns regarding the project development. We sent invitations to all neighbors (owners and occupants) within the 300-foot mailing radius. 2) We had preliminary story poles set, and based on discussions with the easterly neighbors, we determined that a single-story home (as viewed from the street) with an enhanced setback on the Southern side would minimize the view impact of the project. (2021) 3) We explored several design iterations at the request of the neighbors, and we provided several rounds of preliminary story poles for the neighbor's view analysis. (Ongoing through 2021)
4) Once we set the final story poles per city standards, the neighbors directly to the North requested that the height and location of the building on the Northwest corner be reduced and located farther east, as well as that the westerly deck be reduced. We made these changes to their satisfaction, and updated story poles were set. (June 2022) eos
architecture, inc.

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5) There were multiple iterations of site drainage design to satisfy neighbors' concerns to the West. The civil engineer designed the drainage to sump to Marview Drive, reducing the overall storm drainage impacting the neighbors to the West. The soils engineer also provided all additional information needed to verify the slope's stability and the design's feasibility. (Ongoing, up through December of 2022)

ADDITIONAL NEIGHBOR COORDINATION
The following modifications were proposed as a result of ongoing coordination with neighbors after the project was placed on Council agenda and have not officially been reviewed by the planning department. They will be part of special conditions of approval added by staff prior to hearing or by City Council upon approval. 1) During the process, the Bertolino’s agreed to omit their pool and bocce ball court from the rear yard to address the neighbor's concerns regarding noise and proximity. (Ongoing 2022).
2) The landscape plan was also redesigned on the lower level to address Westerly neighbor concerns regarding the vicinity of the usable areas to the rear property line, and all hardscape, as well as the spa was relocated East, behind the rear setback line. Per the neighbor's request, the overall hardscape area was greatly reduced, and landscape screening was added to assure mutual privacy. This latest iteration was finalized after multiple attempts to communicate with the Westerly neighbors, and the Bertolino’s patiently and diligently addressed all the neighbor's comments, even those that were made late in the process. (January 2023)
3) The upper-level deck was reduced on the first week of January 2023 because of ongoing neighbor discussions (see 2 above).

NEIGHBORHOOD CONTEXT
Along Marview Drive there are a combination of one- and two-story homes. The new house was designed to be single-story (as viewed from the street) to minimize bulk and scale, and 1,180 square feet of the building area was located below street level to reduce the appearance of building mass. Careful coordination was made regarding the rear yard design to minimize the impact on the Westerly neighbors. As viewed from the Westerly Marview Lane homes, this project will have less scale impact than the two-story homes along the Marview Drive hillside. Additionally, the new home is located farther East of the existing home and the new decks are substantially within the line of the existing deck.

SITE PLANNING
The site planning for this project meets or exceeds minimum zoning setback standards and sensitively places structural mass and active outdoor design elements away from neighboring homes. The southerly setback was enhanced for view concerns of the Easterly neighbors. The new home was located a minimum of eight feet farther East than the existing home, and a deepened covered patio assures that the Western – view facing - outdoor use will be more central to the house and not along the Western edge looking down on the Westerly neighbors (as is with the existing deck). An existing balcony on the Northern side of the home has been eliminated from the new design, increasing the privacy of the Westerly and Northerly neighbors. The site will be graded to accommodate the semi- subterranean lower level, and the landscape/ hardscape design integrates neighbor feedback.

ARCHITECTURAL FEATURES
In designing the home, the neighborhood's character was respected, balancing aesthetic beauty, design needs and functionality, and the neighbors' requests on all sides.

Page | 3
The design incorporates varied façades, roof planes, and vertical elements to minimize the appearance of bulk and scale. Eaves soften building façades, enhance horizontal elements, and add building articulation. Sensitively placed windows, enhanced building materials of stone, smooth stucco, and metal roof are in keeping with the residential character and provide visual interest.

The upper-level west-facing covered deck is substantially within the line of the existing deck, has multiple planes to minimize scale from the West, and will enhance the privacy for the westerly neighbors as the deeper dimension allows for the residents to be centrally located under cover versus on the westerly edges as previously discussed.

The project utilizes high-quality, soft-toned materials to blend into the hillside colors, including a stained wood ceiling, stone, and cream-colored stucco.

PROJECT DESIGN: LANDSCAPE DESIGN CONSIDERATIONS
The proposed landscape plan enhances the property using native and drought-tolerant materials. The location and height of any significant landscape was considered for view impact and the landscape design, in general, softens the overall design aesthetic to be an addition to the Marview Drive streetscape. As previously described, the rear yard landscape was designed to account for Westerly neighbors' privacy concerns and to soften the structure's appearance from below. A variety of native plants will be used, especially on the slope which is currently occupied by ice plant. The variety of natives selected for the slope will improve the aesthetic from below, return it to a more natural design, and ensure slope stability.

SDP WAIVER FOR NEW STORY POLES
Per the attached diagram, and due to design revisions made to satisfy the Northerly neighbor (see number 4 under Neighborhood Outreach) the master bedroom was pushed further East (by 4.5 feet), resulting in the garage being slightly moved in the same direction, placing the walls one foot outside of the original poled location on the Eastern facade. A SDP waiver for the 30 day noticing of these new poles is being requested as the new pole location does not impact the view of any of the adjacent neighbors and the new location was provided at the request of the Northerly neighbors. None of the surrounding neighbors objected to the one-foot easterly expansion.

In summary, the project drawings and the above analysis demonstrate how the Bertolino’s home was designed to be compatible with the general plan and the neighborhood while meeting or exceeding all design criteria. Additionally, the Applicant's approach and thoughtful considerations toward neighbor feedback reflect a project that will be a sensitive enhancement to the overall neighborhood fabric.

We ask for your approval of this DRP/ SDP permit.

Warmest regards,
Jennifer Bolyn
Principal Architect
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CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 11, 2023
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for a DRP and SDP to Demolish the Existing Single-Family Residence and Construct a
Replacement Single-Family Residence with an Attached
Garage, an Attached Accessory Dwelling Unit, and Perform Associated Site Improvements 327 Acacia Avenue.
(Applicant: Gregory and Lynette Petre; Application:

DRP22-011/SDP22-009; APN: 263-303-12; Resolution No.
2023-003)
BACKGROUND:

The Applicants, Gregory and Lynette Petre, are requesting City Council approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to demolish a single-story, single-family residence, construct a replacement 1,956 square foot twostory, single-family residence with an attached 430 square foot garage and an attached 414 square foot Accessory Dwelling Unit (ADU) at 327 N. Acacia Avenue. The 4,003 square-foot lot is located within the Medium Residential (MR) Zone and the Scaled Residential Overlay Zone (SROZ). The project proposes grading in the amounts of approximately 12 cubic yards of cut and 6 cubic yards of fill with 5 cubic yards of excavation for footings and 50 cubic yards for removal and recompaction. The maximum building height of the residence is proposed at 24.30 feet above the proposed grade with the highest pole at 80.30 MSL.

The project meets two thresholds for the requirement of a DRP, including: 1) construction in excess of 60 percent of the maximum allowable floor area; and 2) construction of a second story that exceeds 40 percent of the floor area of the first floor. The project requires an SDP because the proposed development exceeds 16 feet in height above the existing grade.

The issue before the Council is whether to approve, approve with conditions, or deny the Applicant’s request as contained in Resolution 2023-003 (Attachment 1).

January 11, 2023
DRP22-011/SDP22-009
327 N. Acacia Avenue

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