Agenda packet — Solana Beach City Council, January 25, 2023 (part 3 of 3)

file for View Assessment on December 21, 2022. The City received one (1) application for View Assessment (Attachment 4) from the property owners (Manuel and Richard Aguilar; “Claimant”) of 736 Castro Street, which is located immediately north of the subject property. The Claimant previously submitted an application for View Assessment against the September 14, 2022, design (Attachment 5).

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 22.28 feet above the proposed grade and the highest point of the structure will not exceed 76.77 feet above the Mean Sea Level (MSL) which is the maximum proposed structure height reflected on the project plans, should the City Council make the necessary finding to approve the project.

The Applicants provided an updated request for Council approval, which is included in Attachment 6.

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 January 10, 2023. As of the date of preparation of this Staff Report, Staff has not received any official correspondence.

In conclusion, the proposed project, as conditioned, could be found to be consistent with the Zoning regulations and the General Plan. Staff has prepared draft findings for approval of the project in the attached Resolution 2022-111 for Council’s consideration based upon the information in this report. The applicable SBMC sections are provided in the italicized text and conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval. Additionally, as a condition of project approval, the Applicants would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.

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.

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.

January 25, 2023
DRP21-021, SDP21-020 Cont. Hearing
Tresp Residence – 738 Castro Street

Page 8 of 8 ends

FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2022-111. ∙ Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP and SDP. ∙ Deny the project if all required findings for the DRP 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 as discussed in this report to approve a DRP and SDP.

Therefore, 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 2022-111 conditionally approving a DRP and SDP to remodel and construct an addition to an existing single-family residence with a two-car garage and perform associated site improvements at 738 Castro Street, Solana Beach.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2022-111

2. Project Plans Dated January 03, 2023

3. September 14, 2022 Staff Report

4. Aguilar Revised Application for View Assessment

5. Aguilar Original Application for View Assessment

6. Applicant’s Request for Approval
RESOLUTION 2022-111

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLANA

BEACH, CALIFORNIA, CONDITIONALLY APPROVING A

DEVELOPMENT REVIEW PERMIT AND STRUCTURE DEVELOPMENT

PERMIT FOR A LOWER-LEVEL AND MAIN FLOOR ADDITION AND

REMODEL TO AN EXISTING SINGLE-STORY, SINGLE-FAMILY
RESIDENCE AT 738 CASTRO STREET, SOLANA BEACH
APPLICANTS: Brian and Elizabeth Tresp
APPLICATION: DRP21-021/SDP21-020
WHEREAS, Brian and Elizabeth Tresp (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 View Assessment Committee recommended denial of the project on June 21, 2022, based on an Application for View Assessment from 738 Castro Street; 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 September 14, 2022, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council determined the primary viewing area to be ____________; and
WHEREAS, the City Council of the City of Solana Beach found the project requested in the application 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 Public 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 and SDP to construct an 748 square-foot addition and remodel to an existing single-story, single-family residence with an attached garage at 738 Castro Street, is conditionally approved based upon the following Findings and subject to the following Conditions:

III. FINDINGS
Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 2 of 11 ends

A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:

I. The proposed project is consistent with the General Plan and all applicable requirements of SBMC Title 17 (Zoning Ordinance), including special regulations, overlay zones and specific plans.

General Plan Consistency: The project, as conditioned, is consistent with the City’s General Plan designation of Medium Density Residential, which allows for a maximum of five to seven (5-7) dwelling units per acre. The development is also 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.

Zoning Ordinance Consistency: The project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) (SBMC 17.20.030 and

17.48.040), which delineates maximum allowable Floor Area Ratio (FAR), Permitted Uses and Structures (SBMC Section 17.20.020) which provides for uses of the property for a single-family residence. Further, the project adheres to all property development regulations established for the Medium Residential (MR) Zone and cited by SBMC Section 17.020.030.

The project is consistent with the provisions for minimum yard dimensions (i.e., setbacks) and the maximum allowable Floor area (FAR), maximum building height, and parking requirements.

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 Medium Residential (MR) Zone. Properties to the north, south, east and west are also located within the MR Zone. The surrounding properties are developed with one and two-story, single-family residences.

The project, as designed, is consistent with the permitted uses for the MR Zone as described in SBMC Sections 17.20.010 and Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 3 of 11 ends

17.12.020. The property is designated Medium Density
Residential in the General Plan and intended for single-family residences developed at a maximum density of five to seven (5- 7) 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.

The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the Scaled Residential Overlay Zone (SROZ) and within the Coastal Zone.

The project has been evaluated, and could be found to be in conformance with, the regulations of the SROZ, which are discussed further later in this report. As a condition of project approval, the Applicants would 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.
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 site is currently developed with a 2,330 square-foot singlestory, single-family residence and an attached 637 square-foot garage located on a building pad approximately 15 feet higher than the street. The Applicants propose to add a lower leveladdition to the north of the existing garage, remodel and expand the existing playroom over the existing garage and add exterior stairs that lead to two roof decks above the main floor. A The proposed additions to the existing residence, as designed, would be located within the buildable area.

The MR Zone required 25-foot front-yard setback, 25-foot rearyard setback and 5-foot interior side-yard setbacks. The additions are proposed the be located within the buildable area.

The proposed residence is set back 25 feet from the front property line, 25 feet from the rear property line, and 5 feet from both side property lines.

The 3,078 square-foot residence will consist of a great room, kitchen, pantry, playroom, primary suite, bedroom, three bathrooms, and laundry on the first floor, and a recreation room on the lower level. The proposed development includes two (2) new roof decks totaling 683 square feet, and a second-floor deck Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 4 of 11 ends

addition of 230 square feet. The total proposed deck area is 1,030 square feet. The existing garage is located towards the west side of the property and would maintain vehicular and pedestrian access from Castro Street.

The SBMC parking regulations require two (2) off-street parking spaces, 9’ x 19’ clear, per single-family residence. The SBMC sections 17.48.040 and 17.20.030 indicate that when required parking spaces are provided within a garage, up to 200 square feet of floor area is exempted for each required space. As designed, the proposed residence would provide two (2) parking spaces in the existing 637 square-foot garage; therefore, the project is afforded a 400 square-foot exemption and the total proposed floor area would be 3,315 square feet, which is 214 square feet below the maximum allowable floor area for the 9,022 square-foot lot, pursuant to the SROZ regulations.

The maximum floor area calculation for this project is as follows:

0.50 for first 6,000 ft2 3,000 ft2

0.175 for 6,001 to 15,000 ft2 529 ft2
Total Allowable Floor area: 3,529 ft2
The proposed project, as designed, meets the minimum required setbacks and is below the maximum allowable floor area for the property.
c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.

The project would be subject to the current water efficient landscaping regulations of SBMC Chapter 17.56 if new
development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review; however, the Applicants are not proposing any landscape changes as part of this project. 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.

Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 5 of 11 ends

SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM) require two (2) parking spaces for a singlefamily residence. The Applicants propose to maintain the same location of the existing driveway on the west side of the lot.

SBMC Section 17.08.030 indicates that required parking up to 200 square feet per parking space provided in a garage is exempt from the floor area calculation. The existing 637 squarefoot garage will provide two parking spaces. Two spaces are required; therefore, 400 square feet of garage area is exempt from the project’s floor area calculation.
e. Grading: To the extent feasible, natural topography and scenic features of the site shall be retained and incorporated into the proposed development. Any grading or earth-moving operations in connection with the proposed development shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site. Existing exposed or disturbed slopes shall be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.

The project includes grading in the amount 40 cubic yards of site grading.
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 will 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 additions to an existing single-story, single-family residence with a lowered garage on a developed residential lot; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 6 of 11 ends

Section 17.20.040. The Applicants are required to pay the applicable Park Development Fee.

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

All required permits, including a Structure Development Permit, are being processed concurrently with the Development Review Permit.

IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.

The Applicants are required to obtain approval from the California Coastal Commission prior to issuance of Building Permits.

B. In accordance with Section 17.63.040 (Structure Development Permit) of the Solana Beach Municipal Code, the City Council finds the following:

I. The Applicant for the Structure Development Permit has made a reasonable attempt to resolve the view impairment issues with the person(s) requesting view assessment. Written evidence of a good faith voluntary offer to meet and discuss view issues, or of a good faith voluntary offer to submit the matter to mediation, is hereby deemed to be a reasonable attempt to resolve the view impairment issues.

To be completed based on Council findings.

II. The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails) which has been identified in the city’s general plan, local coastal program, or city designated viewing areas.

To be completed based on Council findings.

III. The structure is designed and situated in such a manner as to minimize impairment of views.

To be completed based on Council findings.

IV. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) Considering the amount of view impairment caused by the proposed structure; and (b) considering the amount of view impairment that would Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 7 of 11 ends

be caused by the construction on other parcels of structures similar to the proposed structure.

To be completed based on Council findings.

V. The proposed structure is compatible with the immediate neighborhood character.

To be completed based on Council findings.

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 25, 2023, and located in the project file with a submittal date of January 4, 2023.

III. Prior to requesting a framing inspection, the Applicants shall submit a height certificate prepared by a licensed land surveyor prior to the framing inspection certifying that the tallest point of the proposed residence will not exceed 22.28 feet above the proposed grade and the highest point of the structure will not exceed 76.77 feet above the Mean Sea Level (MSL) in conformance with the plans as approved by the City Council on January 25, 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. 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 Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 8 of 11 ends

as to be detrimental to the surrounding area.

VII. 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.

B. Fire Department Conditions:

I. ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-Family residential driveways; serving no more than two single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities.

II. 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. FIRE HYDRANTS AND FIRE FLOWS: The Applicants shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available.

Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4” inch and two (2) 2 ½” inch NST outlets. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets.

IV. 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 Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 9 of 11 ends

doors, building corners, and entrances to commercial centers.

V. AUTOMATIC FIRE SPRINKLER SYSTEM - ONE- AND TWO-FAMILY 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 the addition being more than 50% of the existing structure and the significant modifications being added to the roof.

Solana Beach Municipal Code Chapter 15.32 Fire Code Section

15.32.230 Section 903.2.01
VI. 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. Prior to occupancy/final inspection of the Building Permit, an easement shall be recorded for maintenance of the existing detention basins located on the frontside of the property by the property owner(s) in perpetuity. If an easement has already been recorded for this existing detention basin, the Applicants shall provide the Plat and Legal Description that was prepared by the Registered Civil Engineer when the easement was recorded.

II. 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.

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

IV. Applicants are required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the below frontage improvements being done 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:

V. 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.

Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 10 of 11 ends

VI. 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.

VII. 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 hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 25th day of January, 2023, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
Resolution 2022-111
DRP21-021/SDP21-020
Tresp – 738 Castro Street

Page 11 of 11 ends

______________________________

LESA HEEBNER, MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk EX8"A.C WATER MAIN

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OCT 10, 2022
JAN 3, 2023
SHEET NO.

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DATE:

SEPT 30, 2022
OCT 10, 2022
JAN 3, 2023
SHEET NO.

CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM #

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: September 14, 2022
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for Development Review Permit and Structure Development Permit for a First-Story
Addition and Remodel and New Second-Story Addition to
an Existing Single-Story, Single-Family Residence at 738 Castro Street (Case #: DRP21-021, SDP21-020; Applicant:

Brian and Elizabeth Tresp; APN: 298-162-25-00; Resolution No. 2022-111)
BACKGROUND:

The Applicants, Brian and Elizabeth Tresp, are requesting City Council approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to construct an 873 square-foot addition and remodel to an existing single-story, singlefamily residence, with an attached garage and perform associated site improvements.

The 9,022 square-foot lot is located at 738 Castro Street and within the Medium Residential (MR) Zone and the Scaled Residential Overlay Zone (SROZ).

The Applicants propose a 512 square-foot addition to the main floor and a new second story addition of 361 square feet, resulting in an increase of 873 square feet. The proposed development includes two (2) new second floor decks totaling 452 square feet and grading in the amount of 40 cubic yards. The tallest point of the proposed residence would be 24.78 feet above the proposed grade and the highest point of the structure would not exceed 79.78 feet above Mean Sea Level (MSL). The project requires a DRP for a structure that exceeds 60 percent of the maximum allowable floor area. The project requires an SDP because the proposed development exceeds 16 feet in height above existing grade.

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2022-111 (Attachment 1).

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 2 of 12 ends

DISCUSSION:

The subject property is located on the east side of Castro Street, one property south of the intersection of Gonzales Street and Castro Street. The lot is irregularly shaped with 61 feet in frontage along Castro Street, a southern property line of approximately 148 feet, a northern property line of approximately 149 feet and an eastern property line of 93 feet. The existing topography slopes upward from the street. The elevation at the front property line is at approximately 43 feet above Mean Seal Level (MSL) and the rear property line is approximately 68 MSL, resulting in a change in elevation of approximately 25 feet. With the proposed project, the driveway location would remain at the center of the western portion of the lot. The project plans are provided in Attachment 2.

Table 1 (below) provides a comparison of the Solana Beach Municipal Code (SBMC) applicable zoning regulations with the Applicants’ proposed design.

Table 1

LOT INFORMATION
Property Address:

Lot Size (Net):

Max. Allowable Floor area:

Proposed Floor area:

Below Max. Floor area by:

Max. Allowable Height:

Max. Proposed Height:

Highest Point/Ridge:
738 Castro Street
9,022 ft2
3,529 ft2
3,440 ft2
89 ft2
25 ft.

24.78 ft.

79.78 MSL
Zoning Designation:
# of Units Allowed:
# of Units Requested:

MR (5-7 du/ac)
1 Dwelling Unit, 1 ADU,
1 JADU
1 Dwelling Unit
Setbacks: Required Proposed
Front (W) 25 ft. 28.33 ft.

Interior Side (N) 5 ft. 5.00 ft.

Interior Side (S) 5 ft. 5.00 ft.

Rear (E) 25 ft. 25.00 ft.

PROPOSED PROJECT INFORMATION
Floor area Breakdown: Requested Permits:

DRP: A DRP is required for a structure that exceeds
60% of the maximum allowable floor area.

SDP: An SDP is required for a new structure that
exceeds 16 feet in height from the existing grade.

Existing Main Floor
Main Floor Addition (Playroom)
Second-Story Addition (Rec. Room)
Existing Lower-Level Garage to Remain
2,330 ft2
512 ft2
361 ft2
637 ft2
Subtotal
Off-Street Parking Exemption
3,840 ft2
- 400 ft2
Total Floor Area 3,440 ft2
Proposed Grading: 40 CY of Site Grading
Proposed Parking: 2-Car Garage
Proposed Fences and Walls: Yes
Proposed Accessory Dwelling Unit: No
Proposed Accessory Structure: No
Existing Development:

Single-Family Residence and attached Two-Car
Garage
The following is a discussion of the findings for a DRP and SDP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2022-111.

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 3 of 12 ends

Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required for a structure that exceeds 60% of the maximum allowable floor area.

The total floor area proposed is 3,440 square feet and 3,529 is the maximum. Therefore, the proposal is 98% of the allowable floor area.

In addition to meeting zoning requirements, the project must also be found in compliance with development review criteria. The following is a list of the development review criteria topics:

1. Relationship with Adjacent Land Uses

2. Building and Structure Placement

3. Landscaping

4. Roads, Pedestrian Walkways, Parking, and Storage Areas

5. Grading

6. Lighting

7. Usable Open Space
The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made. Resolution 2022-111 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 Applicant obtaining the required permit or approval from the other agency.

If the above findings cannot be made, the Council shall deny the DRP.

In addition to meeting zoning requirements, the project must also be found in compliance with the development review criteria. The following is a discussion of the applicable development review criteria as they relate to the proposed project.

Relationship with Adjacent Land Uses:

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 4 of 12 ends

The project, as designed, is consistent with the permitted uses for the MR Zone as described in SBMC Sections 17.20.010 and 17.12.020. The property is designated Medium Density Residential in the General Plan and intended for single-family residences developed at a maximum density of five to seven (5-7) 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.

The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the Scaled Residential Overlay Zone (SROZ) and within the Coastal Zone. The project has been evaluated, and could be found to be in conformance with, the regulations of the SROZ, which are discussed further later in this report. As a condition of project approval, the Applicants would 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.

Building and Structure Placement:

The site is currently developed with a 2,330 square-foot single-story, single-family residence and an attached 637 square-foot garage located on a building pad approximately 15 feet higher than the street. The Applicants propose to remodel and expand the existing playroom over the existing garage and add exterior stairs that lead to a new second floor recreation room and two decks. The proposed additions to the existing residence, as designed, would be located within the buildable area.

The MR Zone requires a 25-foot front-yard setback, 25-foot rear-yard setback and 5-foot interior side-yard setbacks. The additions are proposed the be located within the buildable area. The proposed residence is set back 28.33 feet from the front property line, 25 feet from the rear property line, and 5 feet from both side property lines.

The 3,206 square-foot residence will consist of a great room, kitchen, pantry, playroom, primary suite, bedroom, three bathrooms, and laundry on the first floor, and recreation room and two decks on the second floor. The proposed development includes two (2) new second floor decks totaling 452 square feet, one located on the west side of the second-floor addition, and one located on the east side of the second-floor addition. The existing garage is located towards the west side of the property and would maintain vehicular and pedestrian access from Castro Street.

The SBMC parking regulations require two (2) off-street parking spaces, 9’ x 19’ clear, per single-family residence. The SBMC sections 17.48.040 and 17.20.030 indicate that when required parking spaces are provided within a garage, up to 200 square feet of floor area is exempted for each required space. As designed, the proposed residence would provide two (2) parking spaces in the existing 637 square-foot garage; therefore, the project is afforded a 400 square-foot exemption and the total proposed floor area would September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 5 of 12 ends

be 3,440 square feet, which is 89 square feet below the maximum allowable floor area for the 9,022 square-foot lot, pursuant to the SROZ regulations.

The maximum floor area calculation for this project is as follows:

0.50 for first 6,000 ft2 3,000 ft2

Neighborhood Comparison:

Staff compared the proposed project to 37 other properties within the surrounding area.

This area includes properties along both sides of Castro Street and Gonzales Street, the west side of Ida Avenue and the south side of Hernandez Street as shown on the following map:

The properties evaluated in this comparison are located in the MR Zone and the SROZ.

The existing homes range in size from 570 square feet to 3,676 square feet, according to the County Assessor records. It should be noted that the County Assessor does not include the garage, covered porch area, unfinished basement, or accessory building area 1 716
720
722
838
September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 6 of 12 ends

in the total square footage. Accordingly, the building area of the proposed project has been calculated for comparison purposes by deleting the area of the proposed garages, the covered porch, and ceiling height over 15 feet as follows:

Project Gross Building Area: 3,840 ft2
Delete Garage: - 637 ft2
Project Area for Comparison to Assessor’s Data: 3,203 ft2 Table 2 is based upon the County Assessor’s data and SanGIS data. It contains neighboring lot sizes, the square footage of existing development and the maximum allowable square footage for potential development on each lot.

Table 2
# Property Address
Lot Size
in ft2
(SanGis)
Existing ft2
(Assessor)
Proposed /
Recently
Approved ft2
Max.

Allowable
ft2
Zone
1 702 CASTRO ST 9,912 2,946 3685 MR
2 708 CASTRO ST 8,846 3,156 3498 MR
3 716 CASTRO ST 9,918 1,192 3686 MR
4 721 CASTRO ST 9,357 2,032 3587 MR
5 722 CASTRO ST 9,450 3,676 3604 MR
6 727 CASTRO ST 9,586 1,750 3628 MR
7 728 CASTRO ST 6,542 2,900 3095 MR
8 732 CASTRO ST 11,384 1,956 3942 MR
9 736 CASTRO ST 9,065 3,375 3536 MR
10 738 CASTRO ST 9,025 2,330 3,203 3529 MR
11 742 CASTRO ST 10,422 2,210 3774 MR
12 750 CASTRO ST 17,372 672 4812 MR
13 754 CASTRO ST 12,198 - 4085 MR
14 763 CASTRO ST 13,419 1,500 4298 MR
15 766 CASTRO ST 13,844 906 4373 MR
16 780 CASTRO ST 10,149 2,493 5075 MR
17 715 IDA AVE 4,283 570 2700 MR
18 717 IDA AVE 9,437 3,124 3601 MR
19 735 IDA AVE 9,586 3,010 3628 MR
20 741 IDA AVE 7,829 3,440 3320 MR
21 742 IDA AVE 9,061 761 3536 MR
22 809 IDA AVE 8,672 2,736 3468 MR
23 815 IDA AVE 5,882 1,625 2941 MR
24 821 IDA AVE 13,862 - 4376 MR
25 700 VALLEY AVE 8,692 2,054 3471 MR
26 718 VALLEY AVE 3,943 800 1972 MR
27 720 VALLEY AVE 3,930 800 1965 MR
28 724 VALLEY AVE 7,441 920 3252 MR
29 732 VALLEY AVE 14,548 1,122 4496 MR
30 740 VALLEY AVE 13,492 1,009 4311 MR
September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 7 of 12 ends

31 816 GONZALES 13,028 2,632 4230 MR
32 818 GONZALES 13,297 1,364 4277 MR
33 819 GONZALES 7,597 2,104 3279 MR
34 825 GONZALES 9,479 3,017 3609 MR
35 815 HERNANDEZ 6,837 2,160 3146 MR
36 825 HERNANDEZ 10,534 1,026 3793 MR
37 833 HERNANDEZ 7,970 1,622 3345 MR
38 843 HERNANDEZ 13,478 1,254 4309 MR
Fences, Walls and Retaining Walls:

Within the front yard setback area, 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 two feet of fence 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 six feet in height with an additional 24 inches that is 50% open to light and air. The proposed project includes a new six-foot tall retaining wall on the north side of the property adjacent to the north property line.

Landscape:

Parking:

SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM) require two (2) parking spaces for a single-family residence. The Applicants propose to maintain the same location of the existing driveway on the west side of the lot. SBMC Section

17.08.030 indicates that required parking up to 200 square feet per parking space provided in a garage is exempt from the floor area calculation. The existing 637 squarefoot garage will provide two parking spaces. Two spaces are required; therefore, 400 square feet of garage area is exempt from the project’s floor area calculation.

Grading:

The project includes grading in the amount 40 cubic yards of site grading.

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 September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 8 of 12 ends

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 additions to an existing split-level, single-family residence with an attached 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 pre-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 Applicants had story poles erected onsite and the Story Pole Height Certification was issued by a licensed land surveyor on March 23, 2022, which showed the highest story pole certified at 79.78 MSL and 24.78 feet above the proposed grade. Notices to apply for View Assessment were mailed to property owners and occupants within 300 feet of the project site, which established a deadline to file for View Assessment on April 28, 2022. The City received one (1) application for View Assessment (Attachment 3) from the property owners (Manuel and Richard Aguilar; “Claimant”) of 736 Castro Street, which is located immediately north of the subject property.

The project was presented to the View Assessment Commission (VAC) on June 21, 2022.

Two out of the six participating VAC members found the west facing portion of the upper floor to be the primary viewing area, two VAC members found the living room to be the primary viewing area, one VAC member found the living room and kitchen to be the primary viewing area, one VAC member found the living room, family room and kitchen to be the primary viewing area, and one VAC member was absent. None of the participating VAC members were able to make finding 3. Approved minutes from the June 21, 2022 meeting are included in Attachment 4. Table 3 includes the disclosures and findings form the June 21, 2022 meeting.

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 9 of 12 ends

Table 3
Manuel & Richard
Aguilar 734 Castro St. Coad Bishop Cohen Moldenhauer Stribling Zajac Najjar Date
Visited
Claimant 6/21 6/20 5/30 6/20 5/30 6/20
Applicant 6/20 5/27 6/21 5/27 6/18
Primary
Viewing Area
West Facing
Portion of
Upper Floor
West Facing
Portion of
Upper Floor
Living Room
& Kitchen
Living
Room
Living
Room
Living
Room,
Family
Room, &
Kitchen
#1. Communication
Taken Place Y Y Y Y Y Y
#2. No Public View
Impairment Y Y Y Y Y Y
#3. Designed to
Minimize View
Impairment

N N N N N N
#4. No Cumulative View
Impairment Y Y Y Y N Y
#5. Neighborhood
Compatibility Y Y N Y Y N
The majority of the participating VAC members found the primary viewing area to be the living room. The majority of the VAC were unable to make finding 3; that the project was designed to minimize view impairment. When offered a continuance, the Applicants did not consent and instead requested that the VAC make a recommendation. Commissioner Bishop made a motion to recommend denial of the project which was seconded by Commissioner Najjar. The motion passed 6/0/1 Ayes: Bishop, Cohen, Moldenhauer, Stribling, Zajac, Najjar. Noes: none. Absent: Coad. The Notice of Recommendation is included in Attachment 5.

The City Council should consider the recommendation from VAC, the information provided by the Applicants and Claimant, and the View Assessment Ordinance (SBMC

17.63) including the definition of a “Viewing Area” and the five required findings, which are provided below:

SBMC Section 17.63.020(I): “Viewing area” shall be that area of the structure (excluding bathrooms, hallways, garages or closets) or lot (excluding the building setback areas) where the view assessment committee, or the city council on appeal, determines the best and most important view exists. The finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to that viewing area. The determination shall be made by balancing the nature of the view to be protected and the importance of the area of the structure or lot from where the view is taken.

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 10 of 12 ends

SBMC Section 17.63.040(F): Findings. In making a decision on a matter for which view assessment has been requested, the view assessment committee shall be required to make the following findings:

1. The applicant for the structure development permit has made a reasonable attempt to resolve the view impairment issues with the person(s) requesting view assessment. Written evidence of a good faith voluntary offer to meet and discuss view issues, or of a good faith voluntary offer to submit the matter to mediation, is hereby deemed to be a reasonable attempt to resolve the view impairment issues.

2. The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails) which has been identified in the city’s general plan, local coastal program, or city designated viewing areas.

3. The structure is designed and situated in such a manner as to minimize impairment of views.

4. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) Considering the amount of view impairment caused by the proposed structure; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of structures similar to the proposed structure.

5. The proposed structure is compatible with the immediate neighborhood character.

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 24.78 feet above the proposed grade or 79.78 feet above MSL, which is the maximum proposed structure height reflected on the project plans, should the City Council make the necessary finding to approve the project.

Property Frontage and Public Right-of-Way Improvements
The existing property frontage is improved with a concrete rolled curb and 4-foot sidewalk.

The area between the back of sidewalk and the property line is unimproved with varying slopes partially covered with private landscaping. No public improvements are required.

Therefore, if approved, the Applicants are not required to do any frontage improvements.

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 11 of 12 ends

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 August 31, 2022. As of the date of preparation of this Staff Report, Staff has not received any official correspondence.

CEQA COMPLIANCE STATEMENT:

September 14, 2022
DRP21-021, SDP21-020
Tresp – 738 Castro Street

Page 12 of 12 ends

DEPARTMENT RECOMMENDATION:

Therefore, 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 2022-111 conditionally approving a DRP and SDP to remodel and add to an existing single-family residence with a two-car garage and perform associated site improvements at 738 Castro Street, Solana Beach.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2022-111

2. Project Plans

3. Aguilar Application for View Assessment

4. Minutes from the June 21, 2022 VAC Meeting

5. NOR from June 21, 2022 VAC Meeting

6. Applicant Request for Approval
ECE"VED
DEC 1 9 2022

APPLICATION FOR VIEW ASSESSMENT
(Structure Development Permit)
ProjectNo.:/¥.fZ-d 2-{ SD/ 2J-Cl2..d
Comll'
C
, Dept.
h

2. ~r~;~~ #---'-J,~~'---+-~~~·,__,~L--F--"5·1-R'-· '.¥#-. t-r-'l~~~-,.pA.~~~'-+-~~~·,:_____:__ ; ~k~ Addres ~v1b,,,- _ ___________ s3. Description of the viewing area as defined m Solana Beach Zoning Ordinance, Section 17 .63 .020(1) and extent of impairment:-t-d__..._______.__+-=-~~ '-"-l--"'"':-''-'-l,.___~ .___-+-~ .__._-f"-ie++--j<...OC~ -fo'~"114'8--l-~~-Pl,,~f_/--Bcg.,~-v;,1-rL./-.<7-,A~~L#,t-,~{------11r..F-~+er.t----,L.£./¥-~-e_ ~y'~Y--) s. D iol of th an~af~/(~-fo~f/eitfrRJi~it~Ve{~frfi'e/&r11a1r~ ft'£&A.f-. if!~~~~~~~
/~2C::::

Date Submitted
STAFF USE ONLY:

Application for Assessment fee paid?
N(A 1
_ ft1jm-nf (Ubt~ flvnh /Y11'f71q { vtivJ
a11,m
6-2019
f. (co-nt;iwAL-d) Tiu r~e1,t- -It;-;; d~clc •.,c:7t/T7?,C-C,h~c?c~-erfy--ovr /1-e' (}J bov"Joo/.

APPLICATION FOR VIEW ASSESSMENT
(Structure Development Permit)

RECEIVED
APR 2 8 2022
Project No.: PRPZ J-02 / / Sj)c:P2-J- c::J"2.-- O
Community Development Dopt,
City of Solana Beach

2. Email:

3. Description of the viewing area as defined in Solana Beach Zoning Ordinance, Section

17.63.0~0(I~ and extent of impairment: L; vt'o:7 ~~ ,/)/4/4:3' ~ /?"} .. .f J0 fc«he11 ,I

4. Identify the po1tion of the proposed structure which is the most objectionable and suggestions to min· izeth

5. Description of the Claimants attempt(s) to resolve this issue with the owner/representative of the property for which a . Structure · Development Permit has been reques ed:.-A,;2.-,,,~:......,,.~~~4 ,a~~~w-:::1:,;.~~~~ ~"P-~141!!~S:..,L,:::.2--,,&Z.--E:::'.:_ ~~~z<c
Date Submitted
STAFF USE ONLY:

Application for Assessment fee paid?
6-2019
January 17, 2023
City of Solana Beach
City Council Members
Re: 738 Castro Street
Dear Council Members,
We appreciate the feedback and guidance from you all and others in attendance the last time we met on this addition.

As a little background, we have been homeowners here in Solana Beach (on Castro Street) for 17 years, we own three businesses on South Cedros, Elizabeth is Vice President of the North Coast Rep, and we volunteer our time throughout the community. Last year I donated the resources of my marketing agency to provide all social media management and funding of the social media efforts for Fiesta del Sol, which was a smashing success. I’m sure we will put on an even better event this year.

Since you saw these plans last, we took all the feedback to heart and we’ve made some changes:

1. Completely eliminated the room on the top of the structure, thereby removing any possible view obstruction.

2. Added a lower level room to replace the displaced upper room, but reduced the size of the room and in doing so we created a more faceted front facia.

We believe Craig Friehauf has done a wonderful job designing this project, and we look forward to meeting with you again soon to discuss.

Thank you,
Brian Tresp and Elizabeth Tresp
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.1.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 25, 2023
ORIGINATING DEPT: City Manager
SUBJECT: City Council Consideration of Resolution 2023-015 Authorizing the San Diego County Sheriff’s Department to Purchase and Install License Plate Recognition Cameras
on City Traffic Signals
BACKGROUND:

License Plate Recognition (LPR) data is collected by utilizing specially designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology. If a match is found, the LPR user is notified. The LPR system is an objective non-discriminatory public safety tool as it is programmed to check all vehicles in the same manner. Data obtained by LPR cameras is useful in investigations including, but not limited to, stolen vehicles, stolen license plates, missing persons, and crime/theft series.

This item is before Council to consider approving Resolution 2023-015 (Attachment 1) authorizing the San Diego County Sheriff’s Department to purchase and install license plate recognition cameras on City traffic signals.

DISCUSSION:

Based upon crime statistics and trends, the San Diego County Sheriff's Department has identified several highly trafficked intersections that would provide the best initial return on investment related to the reduction of crime and successful prosecution of individuals committing crime within the City. The proposed locations for these LPRs in the City of Solana Beach include:

January 25, 2023
Authorization of LPR Cameras

Page 2 of 4 ends

Transitory Criminal Element
An analysis conducted in 2022 found that approximately 57% of the suspects arrested for serious offenses in Solana Beach by the Sheriff's Department did not report living in the City. This indicates offenders are driving into and out of the City during the commission of their crimes.

Of the vehicles stolen in Solana Beach in 2022, only 22% were recovered in the City. The Reckor LPR system is always active and provides live alerts. Therefore, this system would substantially improve the rate at which vehicles are recovered nearby thus reducing the financial and time impacts to victims and to law enforcement.

Privacy, Audits and Compliance
Access to and use of LPR data is for official law enforcement purposes only. The San Diego County Sheriff's Department has policies and procedures in place regarding the privacy, data quality, auditing and accountability, storage, and retention of and access to LPR data. The Sheriff’s Department is Senate Bill 34 (SB 34) compliant which ensures the collection, use, maintenance, sharing and dissemination of LPR information is consistent with respect for individual’s privacy and civil liberties. The Sheriff's policy and procedure concerning LPR use (6.130) is included as Attachment 2.

Regional Installations
LPR’s are used in multiple jurisdictions throughout the County, including:
• Carlsbad
• Chula Vista
• Coronado
• El Cajon
• Escondido
• La Mesa
No. of
Cameras Direction Location
1 Northbound Via de la Valle / Valley Ave
1 Westbound Via de la Valle / Hwy 101 (onto Border Ave) 1 Northbound Via de la Valle / Hwy 101
1 Southbound Hwy 101 / W. Cliff
1 Westbound Hwy 101 / W. Cliff
1 Westbound I-5 Offramp / Lomas Santa Fe (West of I-5)
1 Eastbound I-5 Offramp / Lomas Santa Fe (near Santa Helena) 1 Northbound I-5 Offramp / Lomas Santa Fe (onto Santa Helena) January 25, 2023
Authorization of LPR Cameras

Page 3 of 4 ends

• Oceanside
• San Diego
• Sheriff’s Department (has utilized LPR technology since 2009) Recently, the City Councils in the cities of Encinitas and Del Mar both approved the purchase and installation of LPR’s for use in their jurisdictions.

CEQA COMPLIANCE STATEMENT:

This is not a “project” as defined by the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR 15061(b)(3)) because there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT:

The fiscal impact associated with the recommended action is $34,544 for the eight (8) cameras, including a 3-year licensing and service fee, plus $11,520 for the associated cellular service fees. The total fiscal impact over the next three years is $46,064. This contract will require a transfer from the general fund unreserved fund balance in the amount of $46,064 to the Law Enforcement Department Professional Services account.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Do not approve Staff recommendation.
• Provide alternative direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2023-015:

1. Authorize the City Manager to issue encroachment permits to the San Diego County Sheriff’s Department to install eight (8) Automated License Plate Recognition (LPR) cameras on traffic signals in the City using Reckor Systems Inc. equipment; and
January 25, 2023
Authorization of LPR Cameras

Page 4 of 4 ends

2. Authorize the City Manager to reimburse the County of San Diego Sheriff’s Department in the amount of $34,544 for the cameras, licensing, and service fees for three (3) years and $11,520 for the associated cellular service fees.

3. Authorize the City’s Interim Finance Director/Treasurer to transfer $46,064 from the general fund unreserved fund balance to the Law Enforcement Department Professional Services account for this purpose.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-015

2. San Diego County Sheriff’s Department Policy and Procedure 6.130

3. Reckor Edge Pro Quote
ATTACHMENT 1
RESOLUTION 2023-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTHORIZING THE SAN
DIEGO COUNTY SHERIFF’S DEPARTMENT TO

PURCHASE AND INSTALL LICENSE PLATE

RECOGNITION CAMERAS ON CITY TRAFFIC SIGNALS
WHEREAS, License Plate Recognition (LPR) data is collected by utilizing specially designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology; and WHEREAS, the LPR system is an objective non-discriminatory public safety tool as it is programmed to check all vehicles in the same manner; and WHEREAS, data obtained by LPR cameras is useful in investigations including, but not limited to, stolen vehicles, stolen license plates, missing persons, and crime series; and
WHEREAS, the LPR system is an objective non-discriminatory public safety tool as it is programmed to check all vehicles in the same manner; and WHEREAS, based upon crime statistics and trends, the San Diego County Sheriff's Department has identified eight (8) highly trafficked intersections that would provide the best initial return on investment related to the reduction of crime and successful prosecution of individuals committing crime within the City; and WHEREAS, the San Diego County Sheriff's Department has policies and procedures in place regarding the privacy, data quality, auditing and accountability, storage, and retention and access of LPR data.

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 issue encroachment permits to the San Diego County Sheriff’s Department to install eight (8) Automated License Plate Recognition (LPR) cameras on traffic signals in the City using Reckor Systems Inc. equipment.

3. That the City Council authorizes the City Manager to reimburse the County of San Diego Sheriff’s Department in the amount of $34,544 for the cameras, licensing, and service fees for three (3) years and $11,520 for the associated cellular service fees.

4. That the City Council authorizes the City Treasurer to transfer $46,064 from the general fund unreserved fund balance to the Law Enforcement Department Professional Services account for this purpose and to amend the FY 2022/23 Adopted Budget accordingly.

Resolution 2023-015
Authorize LPR Cameras

Page 2 of 2 ends

PASSED AND ADOPTED this 25th 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 San Diego County Sheriff's Department - Procedure
surveillance, TKO, Buy-Bust, etc., a Sheriff's Operation Plan (SO-125) should be completed with the "service on tribal land" box checked.

It is at the discretion of the tribal liaison to determine notification of the Tribe based on existing protocols. It will be the responsibility of the tribal liaison to advise the tribal government of Sheriff's law enforcement or investigative activity, pursuant to the informal understanding developed with the tribe. This notification shall be made as soon as practicable, unless notification will compromise the collection of evidence, the execution of the warrant, the safety of the public or the safety of law enforcement personnel. Public safety and investigative integrity will always take priority over immediate notification. (12-15-15)

6.130 License Plate
Recognition {LPR)
This Department Procedure establishes guidelines for Department members using License Plate Recognition Technology.

License Plate Recognition (LPR) data is collected by utilizing specially-designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology. If a match is found, the LPR user is notified.

The LPR system is an objective non-discriminatory public safety tool as it is programmed to check all vehicles in the same manner. Data obtained by LPR cameras is useful in criminal investigations.

The use of LPR systems and information is restricted to official and legitimate law enforcement purposes only. Department employees shall not use, or allow others to use the LPR equipment, database or information for any unauthorized purpose.

PRIVACY AND DATA QUALITY
Access to and use of LPR data is for official law enforcement purposes only. Accessing and/or releasing data from the LPR system for non-law enforcement purposes is prohibited. LPR data access and use should comply with the P&P 7.6.

AUDITING AND ACCOUNTABILITY
Access to, and use of, LPR data is logged for audit purposes. Audit reports are structured in a format that is understandable and useful and will contain, at a minimum:
• The name and agency of the user
• The date and time of access
• The specific data queried
• The justification for the query including a relevant reference number (i.e. case#, incident #, or assigned task force #) if available at the time.

At least once during each calendar year, the Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above-authorized uses. The audit will be the responsibility of the Agency Terminal Coordinator (ATC). Any discovered intentional misconduct will lead to further investigation, termination of system access, and notification of the user's immediate supervisor for appropriate recourse. In addition, the auditing data will be used to identify systemic issues, inadvertent misuse, and requirements policy changes, training enhancements, or additional oversight mechanisms.

PROCEDURES
A. Authorized Purposes, Collection, and Use of LPR Data SECTION 6 Operations
San Diego County Sheriff's Department - Procedure
LPR systems have proven to be very effective tools in combating crime. LPR operation and access to LPR data shall be for official law enforcement purposes only. The LPR system is restricted to legitimate law enforcement uses for the purpose of furthering law enforcement investigations and enhancing public safety. The legitimate law enforcement purposes of LPR systems include the following:

1. Locating stolen, wanted, or subject of investigation vehicles.

2. Locating witnesses and victims of violent crime.

3. Locating missing or abducted children and at risk individuals.

B. LPR Strategies

1. LPR equipped vehicles should be deployed as frequently as possible to maximize the utilization of the system.

2. Regular operation of LPR should be considered as a force multiplying extension of a Deputy's regular patrol efforts to observe and detect vehicles of interest and specific wanted vehicles.

3. LPR may be legitimately used to collect data that is within public view, but should not be used to gather intelligence of First Amendment activities.

4. Reasonable suspicion or probable cause is not required for the operation of LPR equipment.

5. Use of LPR equipped cars to conduct license plate canvasses and grid searches is encouraged, particularly for major crimes or incidents as well as areas that are experiencing any type of crime series.

C. LPR Procedures
LPR informational data files are periodically updated with different data sources being refreshed at different intervals. Therefore, it is important that LPR users take into account the potential for lag time between last update and an alert provided by the LPR system on a vehicle of interest or wanted vehicle. Any alert provided by an LPR system is to be considered informational and advisory in nature and requires further verification before action.

When alerted that a vehicle is wanted, stolen, or of interest to law enforcement, the mobile operator should, to the fullest extent possible, take the following steps:

1. Ensure the plate was read properly and that the state of origin is consistent with the alert.

2. Confirm the alert status by either manually entering the plate via the MDCT or requesting the check through dispatch.

3. Review the alert information to determine the nature of the advisory.

4. In the event that compelling circumstances are present or situational deputy safety issues make it unsafe to confirm the status of the alert information SECTION 6 Operations
San Diego County Sheriff's Department - Procedure
prior to taking action, the operator must confirm the status of the alert information as soon as possible.

5. When action is taken on an alert vehicle, it is the responsibility of the person taking action to provide the appropriate disposition information so the system may be updated as necessary.

6. Only sworn law enforcement officers should engage in contacting occupants of stolen or wanted vehicles.

7. Any incorrect read will be corrected within the system.

LPR Data Storage, Retention and Access
LPR systems have the capacity to collect and store data relevant and necessary for authorized law enforcement purpose.

A. As established by the ARJIS Chiefs'/Sheriff's Management Committee, LPR data will be retained for a period of one year from the time the LPR record was captured by the LPR device. If the Department determines the LPR data is relevant to an ongoing criminal investigation, the department has the responsibility to document and retain the records on the department's server or in the case file. The LPR data documented in the criminal or administrative investigation will follow the same retention period as the report.

B. All electronic images or data gathered by LPR technology are for the exclusive use of law enforcement personnel in the discharge of official duties and are not open to the public.

C. Law enforcement officers shall not share LPR data with commercial or private entities or individuals. Law Enforcement officers may disseminate LPR data to government entities with an authorized law enforcement or public safety purpose for access to such data.

D. These guidelines do not limit the use of the electronic images or data for legitimate purposes by prosecutors or others legally permitted to receive evidence under the law.

E. Only authorized Sheriff's personnel who have successfully completed CLETS training may access and use LPR data. The requirements concerning the security and confidentiality are set forth in the FBI Security Policy and the CLETS PPP. https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center Official Custodian/Owner of the LPR System and Information Data Services IT Engineer assigned to administer LPR system is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the LPR system and the LPR information. (8-15-2019)
SECTION 6 Operations
This quote is valid for 10 days from date of
issuance
Payments are due net 45 and payable upon
receipt of invoice unless otherwise stipulated.

Software license key(s) will be issued once
payment is received
Signature:_______________________________
Date:___________________________________
Title:____________________________________
Grand Total $34,544.00
Total Price $34,544.00
Discount 0.00%
Subtotal $34,544.00
Ship To Name San Diego County Sheriff's Office CA
13100 Bowron Rd
Poway, CA 92064
US
Bill To
Bill To Name San Diego County Sheriff's Office CA
Email [email protected]
Prepared By Erez Sharoni
Quote Number 00003845
Expiration Date 2/9/2023
6721 Columbia Gateway Dr. Suite 400 Created Date 1/12/2023 Columbia, MD 21046
USA
Company Address
Product Code Product Quantity Sales Price Total Price
RKR-EDG-PRO Rekor Edge Pro 8.00 $839.00 $6,712.00
RKR-BOX-PRO Rekor Edge Pro Add on: Comms Box 8.00 $1,550.00 $12,400.00 RKR-MB-PRO Rekor Edge Pro Add on: Mounting Bracket 8.00 $79.00 $632.00 RKR-SCT-3Y Rekor Scout (3 year) upfront 8.00 $1,800.00 $14,400.00 RKR-SHP-EDG Shipping & Handling: Edge 8.00 $50.00 $400.00 Totals
Signature
~ REKOR
•
•
•
~ REKOR
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 25, 2023
ORIGINATING DEPT: City Clerk’s Office
SUBJECT: 2023 Annual Citizen Commission Appointments
BACKGROUND:

Approximately half of the Solana Beach Citizen Commission members’ two-year term appointments expire every January. By the end of January 2023, the five Citizen Commissions will have 17 scheduled vacancies of public appointments for a new two-year term.

All appointments to Citizen Commissions are conducted in accordance with Council Policy No. 5 - Appointment of Citizens to Boards, Commissions, Committees, and Task Forces (Attachment 2) - and all persons interested in serving on the City’s Citizen Commissions are required to complete and file a Citizen Interest Form (application), with the required references, and submit it to the City Clerk for formal application processing. For those Commission members who may be reapplying for their position’s scheduled vacancy, a re-submittal application is made available for minor changes to their original full application, thus streamlining the application process. However, if the applicant applies for a new Commission or wants to modify any of the questionnaire sections, a new full application is required. The Application/Citizen Interest Form is available year-round at the City Clerk’s Office and on the City’s website. Any person interested in serving on a Citizen Commission may apply any time prior to or during the annual or other recruitment periods.

Pursuant to California Government Code Section 54972 (the “Maddy Act”), the posting of certain information of all current members appointed by City Council is required, listing the names of all serving appointees, original date of appointment, term and qualifications for all appointed positions. This posting requirement was met on November 23, 2022 (Attachment 1) on the City’s bulletin board and on the City’s website.

DISCUSSION:

Council will make appointments to all five (5) Citizen Commissions for 17 expiring vacancies.

The positions to be filled are for two-year terms, until January 2025.

January 25, 2023
Citizen Commissions Annual Appointments

Page 2 of 4 ends

Vacancies Term Subject to Majority Vote
Appointment by:

Budget and Finance Commission: 3 vacancies total
Three (3) vacancies 2 Years
Until End of Jan 2025
Mayor Heebner
Councilmember Edson (Dist 3)
Deputy Mayor Zito
Climate Action Commission: 5 vacancies total
Two (2) vacancies
Residents
2 Years
Until End of Jan 2025 Council-at-large
One (1) vacancy
Professional
(resident or non-resident)
2 Years
Until End of Jan 2025 Council-at-large
Two (2) vacancies
Councilmember(s)
2 Years
Until End of Jan 2025 City Council
Appointments made at the 12-14-22 Mtg of Zito and Becker for 2-Year Terms Parks and Recreation Commission: 4 vacancies total
Four (4) vacancies 2 Years
Until End of Jan 2025 Council-at-large
Public Arts Commission: 4 vacancies total
Four (4) vacancies 2 Years
Until End of Jan 2025 Council-at-large
View Assessment Commission: 3 vacancies total
One (1) vacancy 2 Years
Until End of Jan 2025 Mayor Heebner
One (1) vacancy 2 Years
Until End of Jan 2025
Councilmember Edson
(Dist 3)
One (1) vacancy 2 Years
Until End of Jan 2025
Councilmember Becker
(Dist 2)
Notification/Recruitment Efforts
The “Maddy Act” posting provides a notice of the status of member appointments for general reference. In addition, a vacancy notice (Attachment 3) was prepared and posted and various efforts were made to seek public interest (Attachment 4).

Application Process
The Application deadline was posted for January 17, 2023, at 5:30 p.m. to process and distribute all applications with the agenda packet. If additional applications are received after this deadline, they will held for future vacancy considerations or will be submitted to Council for January 25, 2023
Citizen Commissions Annual
Appointments Page 3 of 4
consideration if there are still remaining vacancies to be considered in a recruitment extension following this meeting.

Resubmittal applications were accepted from members re-applying for the same position while new applications were submitted from new applicants or current members applying for a different Commission. Applications were reviewed for contact information, choices, and verification of requirement criteria, such as property ownership, which is required for two Commissions (Budget and Finance and View Assessment).

Distribution to Council
This Staff Report contains an Application Worksheet (Attachment 6) outlining each applicant’s Commission selection(s) and their respective application submittals (Attachment 7). The applications are on file with the City Clerk’s Office and were distributed to the City Council with the Agenda Packet.

Appointment Protocol
As outlined in Solana Beach Municipal Code (SBMC) Section 2.60, appointment designations are noted for each individual Commission, whether a position is appointed by Council-at-Large or whether it is designated by an individual Councilmember. These appointment designations are noted on the Public Notice. All nominations are subject to a majority vote of the City Council.

Member Requirements
SBMC Sections 2.64, 2.72, 2.74, 2.84, Resolution 2007-160, and Resolution 2015-127 outline some of the duties of the Commissions; however, there are other duties and assignments provided in relation to various opportunities and issues that occur throughout the year. To carry out the Commission’s work, SBMC Section 2.60.010 outlines the requirements of meeting attendance. As a legislative body, like the City Council, Citizen Commissions are required to fulfill a responsibility of participating in each meeting for all matters brought before the Commission. In addition, the Commission Handbook, provided to each appointed/re-appointed member, and posted online, provides various other requirements, regulations, guidelines, and procedures for Commission members.

Member Appointment Term
The appointment date of Commission members triggers deadlines for required tasks and filing paperwork. The appointed member may begin participating in Commission work once they have been sworn in by taking their Official Oath, administered by the City Clerk’s Office. The swear-in may take place before or at the first meeting of the Commission as coordinated with the City Clerk’s Office. Member terms end on January 31 or once an appointment is made to their position, whichever occurs first.

FISCAL IMPACT:

There is no significant fiscal impact associated with this annual appointment process. Pursuant to City Council Policy 19 (Background Check Requirements for Citizen Commissions), new appointees are required to complete a background check for which they may be reimbursed for up to a maximum of $20.00. The Human Resources department incurs the cost for background checks for Commission members.

January 25, 2023
Citizen Commissions Annual
Appointments Page 4 of 4
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation and proceed with appointments for vacancies. ∙ Do not approve Staff recommendation and extend deadline to receive new applications, allowing expiring positions to remain vacant until refilled.

DEPARTMENT RECOMMENDATION:

Staff recommends that City Council:

1. Appoint three (3) members to the Budget and Finance Commission nominated/appointed by individual members (Mayor Heebner, Councilmember Edson, and Councilmember Zito) for two-year terms.

2. Appoint three (3) members to the Climate Action Commission nominated/appointed by Council-at-large for the following positions:
a. Two (2) Resident appointments for two-year terms.
b. One (1) Professional appointment for member of the environmental and/or scientific community (resident or non-resident) for a two-year term.

3. Appoint four (4) members to the Parks and Recreation Commission nominated/appointed by Council-at-large for two-year terms.

4. Appoint four (4) members to the Public Arts Commission nominated/appointed by Council-at-large for two-year terms.

5. Appoint three (3) members to the View Assessment Commission: three (3) positions for two-year terms by individual members (Mayor Heebner, Councilmember Edson, and Councilmember Becker)
CITY MANAGER’S RECOMMENDATION:

Approve Department recommendation.
________________________
Gregory Wade, City Manager
Attachments:

1. Maddy Act Posting

2. Policy No. 5

3. Vacancy Notification Flyer

4. Recruitment Efforts

5. Worksheet outlining openings and applicants’ choice(s)

6. List of Applicants

7. Applications (in separate binder)

PUBLIC NOTICE

LOCAL APPOINTMENTS LIST
NOTICE TO THE PUBLIC: In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is provided for public notice. The Solana Beach Local Citizen Commission Appointments List shows all current members, the term expiration date, and the current membership requirements.

Post Member Appointed
Date
Post’s Term
Expiration Date
Post
Appointed By
BUDGET & FINANCE: 5 members
Must be at least 18 years old, a city resident & property owner within the City of Solana Beach.

All members serve at the pleasure of each individual Councilmember's nomination.

Post 1 Christopher Maulik 05-24-22 January 2023 Heebner Post 2 Jeff Lyle 01-27-21 January 2023 Edson (District 3) Post 3 Kevin (Ed) Murphy 01-27-21 January 2023 Zito (District 1) Post 4 Scott Hermes 01-26-22 January 2024 Becker
Post 5 David Clemons 01-26-22 January 2024 Harless
CLIMATE ACTION: 9 members
Five Members must be at least 18 years old and a resident within the City of Solana Beach Two members must be professionals from the scientific or environmental community. Resident or Non-Resident Two Current Councilmembers, or 1 Councilmember and one from another position, as determined by Council.

All members are appointed by the Council At-Large.

Residents
Post 1 Mika Nagamine 04-13-22 January 2023 Council At-Large Post 2 John Kellogg 04-13-22 January 2023 Council At-Large Post 3 Heidi Dewar 01-26-22 January 2024 Council At-Large Post 4 Heather Rock 01-26-22 January 2024 Council At-Large Post 5 Lane Sharman 01-26-22 January 2024 Council At-Large Post Float Judy Hegenauer (addt’l
member for Becker’s position) 01-27-21 January 2023 Council At-Large Professionals
Post 1 Michael McClune 01-27-21 January 2023 Council At-Large Post 2 Paul Basore 01-26-22 January 2024 Council At-Large Councilmember(s)
Post 1
Post 2
David A. Zito - primary
Kristi Becker - alternate since
addt’l member apptd
01-27-21
01-27-21
January 2023
January 2023
City Council
City Council
PARKS & RECREATION: 7 members
Must be at least 18 years old and a city resident within the City of Solana Beach. All members are appointed by the Council At-Large.

Post 1 Liz Marucheau 01-27-21 January 2023 Council At-Large Post 2 Sandra Hutton 01-27-21 January 2023 Council At-Large Post 3 Julie Van de Auwera 01-26-22 January 2024 Council At-Large Post 4 Sarah Hill 04-27-22 January 2024 Council At-Large Post 5 Michelle Jaffee 01-26-22 January 2024 Council At-Large Post 6 Valeri Paul 01-27-21 January 2023 Council At-Large Post 7 James Lally 05-12-21 January 2023 Council At-Large PUBLIC ARTS: 7 members
Must be at least 18 years old and a city resident within the City of Solana Beach. All members are appointed by the Council At-Large.

Post 1 Sharon Klein 01-26-22 January 2024 Council At-Large Post 2 Shawn Hethcock 01-26-22 January 2024 Council At-Large Post 3 Deborah Ann Sweet 01-27-21 January 2023 Council At-Large Post 4 Halle Shilling 01-27-21 January 2023 Council At-Large Post 5 Jeanie Grischy 05-12-21 January 2023 Council At-Large Post 6 Mark Mennie 01-26-22 January 2024 Council At-Large Post 7 Vicki Cypherd 08-24-22 January 2023 Council At-Large VIEW ASSESSMENT: 7 members
Must be at least 18 years old, city resident, & property owner within the City of Solana Beach. Five members serve at the pleasure of each individual Councilmember's nomination & two members are appointed by the Council AtLarge.

Post 1 Robert (Bob) Moldenhauer 01-27-21 January 2023 Heebner Post 2 Paul Bishop 01-27-21 January 2023 Edson (District 3) Post 3 Frank Stribling 01-26-22 January 2024 Council At-Large Post 4 Pat Coad 01-26-22 January 2024 Council At-Large
Post 5 Robert (Bob) Zajac 01-26-22 January 2024 Harless Post 6 Matthew Cohen 01-27-21 January 2023 Becker
Post 7 Linda Najjar 01-26-22 January 2024 Zito (District 1) Citizen Interest Forms (Applications) are available on-line at www.cityofsolanabeach.org or at the City Clerk’s Office, City of Solana Beach, 635 S. Highway 101, Solana Beach, CA 92075, 858-720-2400 for the expiring positions among these Citizen Commissions.

Applications will be accepted through Tuesday, January 17, 2023, 5:30 p.m.

City Council is scheduled to make appointments at the Wednesday, January 25, 2023, 6:00 p.m. City Council Meeting.

I hereby certify that this notification was posted on November 23, 2022 at City Hall and on the City’s website.

Angela Ivey, City Clerk
-
I
I -1

Page 1 of 2 ends

CITY OF SOLANA BEACH Policy No. 5

COUNCIL POLICY
Adopted: May 15, 1989
Revised: January 23, 2008 by
Resolution 2008-23
GENERAL SUBJECT: Citizen Boards, Commissions & Committees SPECIFIC SUBJECT: Appointments of Citizens to Boards, Commissions, Committees and Task Forces.

PURPOSE:

The purpose of this policy is to establish a consistent process and procedure for appointments to City sponsored Citizen Boards, Commissions, Committees and Task Forces.

POLICY STATEMENT:

Appointments to Citizen Boards, Commissions, Committees and Task Forces are made in accordance with the municipal code and/or specific guideline, as provided, to provide consistency.

POLICY PROCEDURES:

1. All private citizens interested in serving on any Board, Commission, Committee or Task Force or similar group must complete and file with the City Clerk a Citizen Interest Form (application) which may be obtained from the City Clerk’s office.

2. Nominations
Councilmembers may nominate private citizens for appointment subject to ratification by a majority of the City Council. Such ratification shall take place at a regular City Council meeting and a duly docketed agenda item.

3. Appointment Protocol
a. Appointments will be made in accordance with municipal code requirements. For example, the municipal code may require that a Commission have five positions appointed by individual
Councilmembers.
b. Appointments that are not outlined in the municipal code and are at-large appointment positions may be nominated by any
Councilmember. In the event of multiple appointments,
appointments may be divided among individual Councilmembers to share the appointment responsibilities. If the appointments are

Page 2 of 2 ends

shared, it will be for that one time and will not be construed as official individual appointments that would carry forward. c. The decision to proceed with an individual appointment alternative for at-large positions will be subject to majority vote of the City Council with such vote taking place at a regular City Council Meeting.

4. Appointments to Outside Agencies
When the City is asked by an outside agency to recommend a private citizen to serve on a Board, Commission, Committee or Task Force or similar group, such recommendation shall be made by the Council and approved by a majority vote of the City Council.
11-22-2022 Angela Ivey, City Clerk

PUBLIC NOTICE

CITY OF SOLANA BEACH VOLUNTEERS SERVING ON BEHALF OF THE CITY COUNCIL Applications are being accepted through Tuesday, January 17, 2023, 5:30 p.m.

City Council is scheduled to make appointments at the January 25, 2023 City Council Meeting.

BUDGET & FINANCE: Three (3) vacancies - terms will expire end of January 2025 This Commission provides input to Council regarding the City's operating budget.

Regular Meeting Schedule: Mon prior to 2nd Council Mtg of the month at 6:00 p.m.

Composition: 5 members serve at the pleasure of each individual Councilmember.

Position’s Requirements: At least 18 yrs. old * Resident of the City * Property owner within the City.

CLIMATE ACTION: Five (5) vacancies – terms will expire end of January 2025 2 Citizen/Resident Positions // 1 Professional Position // 2 Councilmembers (or 1 Council and 1 other member) This Commission participates in reviewing certain matters regarding reducing the City’s greenhouse gas (GHG) emissions and implementing the Climate Action Plan.

Regular Meeting Schedule: 3rd Wednesday of each month at 5:30 p.m.

Composition: 9 members: 7 appointed by Council At-Large, 2 Councilmembers (or 1 Councilmember and one from another position, as determined by Council) Position’s Requirements: Five Citizens/Residents - At least 18 yrs. old * Resident of the City Two Professionals - At least 18 yrs. old * Must be from the environmental or scientific community. * Resident or Non-resident
Two Current Councilmembers (or 1 voting Councilmember and one person from another position, as determined by Council)
PARKS & RECREATION: Four (4) vacancies – terms will expire end of January 2025 This Commission participates in reviewing certain matters regarding the City's parks, programs, and conducts certain City events.

Regular Meeting Schedule: 2nd Thursday of each month at 4:00 p.m.

Composition: 7 members who are all appointed by the Council At-large.

Position’s Requirements: At least 18 yrs. old * Resident of the City.

PUBLIC ARTS: Four (4) vacancies – terms will expire end of January 2025 This Commission participates in reviewing certain matters regarding community art opportunities and conducts certain City events.

Regular Meeting Schedule: 4th Tuesday of each month at 5:30 p.m.

Composition: 7 members who are all appointed by the Council At-large.

Position’s Requirements: At least 18 yrs. old * Resident of the City.

VIEW ASSESSMENT: Three (3) vacancies – terms will expire end of January 2025 This Commission is tasked with reviewing feasible solutions for development when an assessment request is filed and makes definitive decisions on projects utilizing the City's adopted guidelines/toolkit.

Regular Meeting Schedule: 3rd Tuesday of each month at 6:00 p.m.

Composition: 7 members - five serve at the pleasure of each individual Councilmember and two members are appointed by the Council At-Large.

Position’s Requirements: At least 18 yrs. old * Resident of the City * Property owner within the City.

Budget & Finance Climate Action Parks & Recreation Public Arts View Assessment  Attend a Citizen Commission public meeting. Agendas are posted on the City’s website.  See the City’s website for members, expiring positions, and further information.

Citizen Interest Forms (Applications) and additional information on the Commissions can be found on the City’s website at www.cityofsolanabeach.org (Tabs: Government, Citizen Commissions) OR by contacting the City Clerk’s Office (858) 720-2400. Please contact the City Clerk with any questions regarding the recruitment/appointment process.

CITY’S CITIZEN COMMISSION POSITION OPENINGS
Task Date(s) Occurred
for Staff report disclosure
Maddy Act: Required posting on City Hall Bulletin Board \ Library 12-23-22

PRINTED FLYERS
City Hall Front Desk: place 15 public notice flyers (minimum) 12-22-22 Flyer: Sent to Library 12-22-22
Flyer: Upload to Commissions main web page AND to each Commission page AI 12-23-23 Maddy Act: Upload to Commission webpage 12-23-22

ANNOUNCEMENTS
Mayors/Council Announcements at Council Mtgs 12-09-22, 12-14-22, 1-11-23 Weekly Updates 12-21-22, 12-28-22, 01-05-23, 01-12-23
Council: email flyer to inform Council 12-23-22

MAILINGS
Letter to: Current Expiring Members w/ Vacancy Notice AND last application & Maddy Act 11-27-22 Letter to: Past Applicants Not Appointed w/ Vacancy Notice AND last application & Maddy Act 12-02-22 Solana Beach Sun: Free ad calendar section (FREE) None granted Coast News: Free ad calendar section (FREE) 12-16-22
Union Tribune Newspaper Community Section (FREE) None granted Solana Beach Sun: Paid Advertisement 1/4 page 12-22-22, 1-12-23 Coast New: Paid Advertisement @ 1/4 page 12-16-22, 1-06-23

WEBSITE
Recruitment Efforts FOR 2023 Jan ANNUAL Appointments

ADVERTISEMENTS
EMAIL
F:\Common\CLERK\Commissions, Committees\02 - 5 CITIZEN Commissions\02 Recruitment\07 STAFF REPORTS\50 Annual Appointments\2023\RECRUIT for Jan 2023 Apptmts Julie Van de Auwera(Council) Sharon Klein (Council) Frank Stribling (Council) Heidi Dewar (Council) Sarah Hill (Council) Shawn Hethcock (Council) Pat Coad (Council) Scott Hermes (Becker) Heather Rock (Council) Michele Jaffe (Council) Mark Mennie (Council) Robert (Bob) Zajac (Harless) David Clemons (Harless) Lane Sherman (Council) James Lally (Council) Term Expiring - not reapplying
Deborah Ann Sweet (Council)
Term Expiring - reapplying Linda Najjar (Zito)
Christopher Maulik (Heebner)
Term Expiring - reapplying
Mika Nagamine (Council)
Term Expiring - reapplying
Liz Marucheau (Council)
Term Expiring - not reapplying
to this commissoin
Halle Shilling (Council)
Term Expiring - not reapplying
to this Commission
Robert (Bob) Moldenhauer (Heebner)
Term Expiring - reapplying
Jeff Lyle (Edson)
Term Expiring - reapplying
John Kellogg (Council)
Term Expiring - reapplying Paul Basore (Council)
Kristi Becker
(alternate/ non-voting)
Reappointed
Sandra Hutton (Council)
Term Expiring - not reapplying
Jeanie Grischy (Council)
Term Expiring - reapplying
Paul Bishop (Edson)
Term Expiring - not re-applying
Kevin (Ed) Murphy (Zito)
Term Expiring - not reapplying
Judy Hegenauer (Council)
Term Expiring (in lieu of 2nd Council)
not reapplying
Michael McClune (Council)
Term Expiring
Dave Zito (primary)
Reappointed
Valeri Paul (Council)
Term Expiring - not reapplying
Vicki Cypherd (Council)
Term Expiring - intends to repply
Matthew Cohen (Becker)
Term Expiring - reapplying
Budget & Finance Climate Action Parks & Recreation Public Arts View Assessment Last name First Name
11-29-22 Maulik Christopher Only Choice
Reapplying
12-02-22 Lyle Quentin (Jeff) Only Choice
Reapplying
12-12-22 Evans Alvin Only Choice
01-11-23 Zito Kenneth Only choice
01-13-23 Label Wayne Only choice
12-06-22 Kellogg John 2nd Choice 1st Choice
Reapplying
11-28-22 Nagamine Mika Only Choice
Reapplying
01-04-23 Flagg Ken Only choice
01-17-23 McClune Michael Only Choice
Reapplying
01-17-23 Shulkin Sarah Equal Choice Equal Choice
12-14-22 Shilling Halle Only Choice
Leaving Public Arts
01-17-23 Linnik Matt Only Choice
12-01-22 Sweet Deborah Only Choice
Reapplying
01-12-23 Grischy Jeanie Only Choice
Reapplying
01-14-23 Marucheau Liz Only Choice
Leaving Public Arts
01-03-23 Moldenhauer Robert Only Choice
Reapplying
12-16-22 Cohen Matthew Only Choice
Reapplying
01-13-23 Villasenor Rich Only Choice
01-17-23 Noroozi H. Shane 2nd Choice
Equal Choice
2nd Choice
Equal Choice 3rd Choice 1st Choice
Date Rcvd

MEMBERS

APPLICANTS
in order by 1st choices
City of Solana Beach Citizen
Commissions 2023 Appointments
Applications DUE January 17, 2023
2 Vacancies
Residents
Appointments by:

Council-at-large
0 Vacancies
Council OR
Other Member Type.

As determined by Council
1 Vacancies
Professionals
Appointments by:

Council-at-large
4 Vacancies
Appointments by:

Council-at-large
3 Vacancies
Appointments by:
1-Heebner ♦ 1-Edson ♦
1- Becker
3 Vacancies
Appointments by:
1-Heebner ♦ 1-Edson ♦
1-Zito
4 Vacancies
Appointments by:

Council-at-large
Last Updated 01-18-2023 ATTACHMENT 5
------------------------ 1-----------------------1 ---------------- .

City of Solana Beach
Citizen Commission Applicants
Deadline – January 17, 2023 by 5:30 p.m.

LIST OF APPLICANTS
Applicants
Application Complete Application
Received
Last Name First Name
Cohen Matthew Yes 12/16/2022
Evans Alvin Yes 12/12/2022
Flagg Ken Yes 01/04/2023
Grischy Jeanie Yes 01/12/2023
Kellogg John Yes 12/06/2022
Label Wayne Yes 01/13/2023
Linnik Matt Asked to submit missing signature,
Missing recommendations 01/17/2023
Lyle Jeff Yes 12/02/2022
Marucheau Liz Yes 01/14/2023
Maulik Christopher Yes 11/29/2022
McClune Michael Yes 01/17/2023
Moldenhauer Robert Yes 01/03/2023
Nagamine Mika Yes 11/28/2022
Noroozi H. Shane Yes 01/17/2023
Shilling Halle Yes 12/14/2022
Shulkin Sarah Yes 01/17/2023
Sweet Deborah Yes 12/01/2022
Villasenor Rich Yes 01/13/2023
Zito Kenneth Yes 01/11/2023
ATTACHMENT 6
ATTACHMENT 7
Citizen Commission Applications
This attachment is on file at the City Clerk’s Office.

City of Solana Beach
635 S. Highway 101, Solana Beach, CA 92075
858-720-2400

Solana Beach City CouncilJanuary 25, 2023

Solana Beach City Council
January 25, 2023