Agenda packet — Solana Beach City Council, November 8, 2023 (part 1 of 2)

Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 1 of 8 AGENDA
Joint REGULAR Meeting
Wednesday, November 8, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California ➢ City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website. ➢ Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

PUBLIC MEETING ACCESS
The Regular Meetings of the City Council are scheduled for the 2nd and 4th Wednesdays and are broadcast live. The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.

WATCH THE MEETING
• Live web-streaming: Meetings web-stream live on the City’s website on the City’s Public Meetings webpage.

Find the large Live Meeting button.
• Live Broadcast on Local Govt. Channel: Meetings are broadcast live on Cox Communications - Channel 19 / Spectrum (Time Warner)-Channel 24 / AT&T U-verse Channel 99. • Archived videos online: The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.

AGENDA MATERIALS
A full City Council agenda packet including relative supporting documentation is available at City Hall, the Solana Beach Branch Library (157 Stevens Ave.), La Colonia Community Ctr., and online www.cityofsolanabeach.org. Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings. Writings and documents regarding an agenda of an open session meeting, received after the official posting, and distributed to the Council for consideration, will be made available for public viewing at the same time. In addition, items received at least 1 hour 30 minutes prior to the meeting time will be uploaded online with the agenda posting. Materials submitted for consideration should be forwarded to the City Clerk’s department 858-720-2400. The designated location for viewing of hard copies is the City Clerk’s office at City Hall during normal business hours.

PUBLIC COMMENTS
Written correspondence (supplemental items) regarding an agenda item at an open session meeting should be submitted to the City Clerk’s Office at [email protected] with a) Subject line to include the meeting date b) Include the Agenda Item # as listed on the Agenda. o Correspondence received after the official posting of the agenda, but two hours prior to the meeting start time, on the meeting day, will be distributed to Council and made available online along with the agenda posting. All submittals received before the start of the meeting will be made part of the record. o Written submittals will be added to the record and not read out loud.

And/Or
Verbal Comment Participation:

Please submit a speaker slip to the City Clerk prior to the meeting, or the announcement of the Section/Item, to provide public comment. Allotted times for speaking are outlined on the speaker’s slip for each agenda section: Oral Communications, Consent, Public Hearings and Staff Reports.

Public speakers have 3 minutes each to speak on each topic. Time may be donated by another individual

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Scan for Agenda
Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 2 of 8 who is present at the meeting to allow an individual up to 6 minutes to speak. Group: Time may be donated by two individuals who are present at the meeting allowing an individual up to 10 minutes to speak. Group Hearings: For public hearings only, time may be donated by two individuals who are present at the meeting allowing an individual up to 15 minutes to speak.

SPECIAL ASSISTANCE NEEDED
In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Section 202. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office (858) 720-2400 at least 72 hours prior to the meeting.

As a courtesy to all meeting attendees, please set all electronic devices to silent mode and engage in conversations outside the Council Chambers.

CITY COUNCILMEMBERS
Lesa Heebner
Mayor
David A. Zito
Deputy Mayor / Councilmember District 1
Jewel Edson
Councilmember District 3
Kristi Becker
Councilmember District 2
Jill MacDonald
Councilmember District 4
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:

Please submit your speaker slip to the City Clerk prior to the meeting or the announcement of the Item. Allotted times for speaking are outlined on the speaker’s slip for Oral Communications, Consent, Public Hearings and Staff Reports.

READING OF ORDINANCES AND RESOLUTIONS:

Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.

CALL TO ORDER AND ROLL CALL:

CLOSED SESSION REPORT:

FLAG SALUTE:

APPROVAL OF AGENDA:

PROCLAMATIONS/CERTIFICATES: Ceremonial
United Against Hate Week
PRESENTATIONS: Ceremonial items that do not contain in-depth discussion and no action/direction.

None at the posting of this agenda
Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 3 of 8 ORAL COMMUNICATIONS:

Comments relating to items on this evening’s agenda are taken at the time the items are heard. This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by submitting a speaker slip (located on the back table) to the City Clerk. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.

A. CONSENT CALENDAR: (Action Items) (A.1. - A.6.)
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion. Any member of the public may address the City Council on an item of concern by submitting to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the City Council meetings held on October 11, 2023.

Item A.1. Report (click here)
A.2. Register Of Demands. (File 0300-30)
Recommendation: That the City Council

1. Ratify the list of demands for October 07, 2023 – October 20, 2023.

Item A.2. Report (click here)
A.3 General Fund Adopted Budget for Fiscal Year 2023/2024 Changes. (File 0330-30) Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2023-2024 General Fund Adopted Budget.

Item A.3. Report (click here)
Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 4 of 8 A.4. Fletcher Cove Tot Lot Replacement Project – Notice of Completion. (File 0730-40) Recommendation: That the City Council

1. Adopt Resolution 2023-123:
a. Authorizing the City Council to accept, as complete, the Fletcher Cove Tot Lot Replacement, Bid No. 2023-01, constructed by R.E. Schultz Construction, Inc. b. Authorizing the City Clerk to file a Notice of Completion.

Item A.4. Report (click here)
A.5. Regional Transportation Improvement Program (RTIP) Amendment. (File 0840-30) Recommendation: That the City Council

1. Adopt Resolution 2023-122 approving an amendment to the SANDAG 2023 Regional Transportation Improvement Program (RTIP) of projects for Fiscal Years 2023 through 2027, to add a Traffic Signal Equipment Replacements and Upgrades project, and to program Regional Transportation Congestion Improvement Program (RTCIP) funds.

2. Appropriate $25,000 to the Traffic Signal Upgrades Phase 1 CIP project from the RTCIP fund and reduce Gas Tax funding by $25,000.

3. Authorize the City Treasurer to amend the Fiscal Year 2023-24 Adopted Budget accordingly.

Item A.5. Report (click here)
A.6. Firefighter Self Contained Breathing Apparatus and Rapid Intervention Team Paks. (File 0260-40)
Recommendation: That the City Council

1. Adopt Resolution 2023-127:
a. Authorizing the purchase of firefighter self contained breathing apparatus and rapid intervention team paks in the amount of $189,743.68. b. Authorizing the appropriation of $189,743.68 from Asset Replacement – Fire Equipment Expenditure account (1356120.66400).
c. Authorizing the City Treasurer to amend the Fiscal Year 2023/2024 Adopted Budget accordingly.

Item A.6. Report (click here)
NOTE: The City Council shall not begin a new agenda item after 10:30 p.m. unless approved by a unanimous vote of all members present. (SBMC 2.04.070) Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 5 of 8 B. PUBLIC HEARINGS: (B.1. – B.3.)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record. An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 611 Seabright Ln., Applicant: Boat, Case: DRP22-017, SDP22- 015. (File 0600-40)
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.

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 15301 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-112 conditionally approving a DRP and SDP to construct a 119 square-foot second-floor addition with associated improvements to two-story singlefamily residence at 611 Seabright Lane, Solana Beach.

Item B.1. Report (click here)
B.2. Public Hearing: 312 N. Rios Ave., Applicant: Wadley, Case: DRP23-004, SDP23- 005. (File 0600-40)
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.

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 2023-126 conditionally approving a DRP and SDP to demolish a singlefamily residence, construct a 2,236 square-foot split-level single-family residence with an attached 535 square-foot two-car garage, and perform associated site improvements at 312 North Rios Avenue, Solana Beach.

Item B.2. Report (click here)
Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 6 of 8 B.3. Introduce (1st Reading) Ordinance 525 – Accessory Dwelling Unit. (File 0610-10) Recommendation: 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. Consider introduction of Ordinance 525 – Accessory Dwelling Unit Ordinance.

Item B.3. Report (click here)
C. STAFF REPORTS: (C.1. – C.2.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

C.1. Marine Safety Center Revised Design and Photo Simulations. (File 0730-30) Recommendation: That the City Council

1. Receive the report and provide input and direction on how to address the revised potential residential view impacts with the revised design of the Marine Safety Center.

Item C.1. Report (click here)
C.2. Coastal Rail Trail - Discussion on Bicycle, Electric Bicycle and Pedestrian Safety Signage. (File 0840-35)
Recommendation: That the City Council

1. Discuss the new signage options and provide direction to Staff on the preferred signage, and locations, for installation on the CRT.

Item C.2. Report (click here)
WORK PLAN COMMENTS:

Adopted June 28, 2023
COMPENSATION & REIMBURSEMENT DISCLOSURE:

GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.

COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) a. City Selection Committee (meets twice a year) Primary-Heebner, Alternate-Edson b. Clean Energy Alliance (CEA) JPA: Primary-Becker, Alternate-Zito c. County Service Area 17: Primary-MacDonald, Alternate-Edson d. Escondido Creek Watershed Authority: Becker / Staff (no alternate). e. League of Ca. Cities’ San Diego County Executive Committee: Primary-MacDonald, Alternate-Becker. Subcommittees determined by its members.

Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 7 of 8 f. League of Ca. Cities’ Local Legislative Committee: Primary-MacDonald, Alternate-Becker g. League of Ca. Cities’ Coastal Cities Issues Group (CCIG): Primary-MacDonald, Alternate-Becker
h. North County Dispatch JPA: Primary-MacDonald, Alternate-Becker i. North County Transit District: Primary-Edson, Alternate-MacDonald j. Regional Solid Waste Association (RSWA): Primary-Zito, Alternate-MacDonald k. SANDAG: Primary-Heebner, 1st Alternate-Zito, 2nd Alternate-Edson. Subcommittees determined by its members.
l. SANDAG Shoreline Preservation Committee: Primary-Becker, Alternate-Zito m. San Dieguito River Valley JPA: Primary-MacDonald, Alternate-Becker n. San Elijo JPA: Primary-Zito, Primary-Becker, Alternate-City Manager o. 22nd Agricultural District Association Community Relations Committee: Primary-Edson, Primary-Heebner
STANDING COMMITTEES: (All Primary Members) (Permanent Committees) a. Business Liaison Committee – Zito, Edson
b. Fire Dept. Management Governance & Organizational Evaluation – Edson, MacDonald c. Highway 101 / Cedros Ave. Development Committee – Heebner, Edson d. Parks and Recreation Committee – Zito, Edson
e. Public Arts Committee – Edson, Heebner
f. School Relations Committee – Becker, MacDonald
g. Solana Beach-Del Mar Relations Committee – Heebner, Edson

CITIZEN COMMISSION(S)
a. Climate Action Commission – Zito, Becker
ADJOURN:

Next Regularly Scheduled Meeting is December 13, 2023
Always refer to the City’s website Event Calendar for an updated schedule or contact City Hall. www.cityofsolanabeach.org 858-720-2400

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF SOLANA BEACH
§
I, Angela Ivey, City Clerk of the City of Solana Beach, do hereby certify that this Agenda for the November 8, 2023 Council Meeting was called by City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, and the Housing Authority of the City of Solana Beach, California, was provided and posted on November 1, 2023 at 3:45 p.m. on the City Bulletin Board at the entrance to the City Council Chambers. Said meeting is held at 6:00 p.m., November 08, 2023, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.

Angela Ivey, City Clerk
City of Solana Beach, CA
}
Solana Beach City Council Regular Meeting Agenda November 8, 2023 Page 8 of 8 UPCOMING CITIZEN CITY COMMISSION AND COMMITTEE MEETINGS:

Regularly Scheduled, or Special Meetings that have been announced, are posted on each Citizen Commission’s Agenda webpage. See the Citizen Commission’s Agenda webpages or the City’s Events Calendar for updates. o Budget & Finance Commission
o Climate Action Commission
o Parks & Recreation Commission
o Public Arts Commission
o View Assessment Commission

MINUTES
Joint Meeting - Closed Session
Wednesday, October 11, 2023 at 4:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California

Mayor Heebner called the meeting to order at 4:01 p.m.

Present: Lesa Heebner, David A. Zito, Jewel Edson, Kristi Becker, Jill MacDonald

Absent: None
Also Present: Greg Wade, City Manager
Johanna Canlas, City Attorney
PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): None
Report to Council Chambers and submit speaker slips to the City Clerk before the meeting recesses to closed session.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Two (2) Potential cases.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
- MacDonald v. City of Solana Beach (37-2023-00038867-CU-PO-CTL)

3. PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957
City Manager

4. PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957
Interim City Manager

5. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY, PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 1 of 6

MINUTES
Joint REGULAR Meeting
Wednesday, October 11, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California Teleconference Location (Edson) Hyatt Regency Orlando, 9801 International Drive Orlando, FL 32819  City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website.  Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

Mayor Heebner called the meeting to order at 6:05 p.m.

Present: Lesa Heebner, David A. Zito, Jewel Edson, Kristi Becker, Jill MacDonald

Absent: None
Also

Present:

Greg Wade, City Manager
Johanna Canlas, City Attorney
Angela Ivey, City Clerk
Dan King, Assistant City Manager
Mo Sammak, City Engineer/Public Works Dir.

Rachel Jacobs, Finance Dir.

Joseph Lim, Community Development Dir.

CLOSED SESSION REPORT:

FLAG SALUTE:

APPROVAL OF AGENDA:

Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 2 of 6 ORAL COMMUNICATIONS:

Lane Sharman spoke about the Clean Energy Alliance (CEA) having no local energy programs or Staff other than a new CEO, that San Diego Community Power hired Staff, development community programs, and now ran in the black, and that CEA has operated for 3 years and is currently in the red. He said he had some recommendations including setting salaries according to financial performance, hire a qualified procurement officer rather than rely on a market intermediary, obtain long term power purchase agreements (PPAs) and supplies, reexamine the Carlsbad desalination agreement providing a no margin tariff, complete a management audit for 2023, and that the primary mission of the CEA should be about 24/7 decarbonization, tariff innovation, local program execution, and independence from SDG&E.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.

A. CONSENT CALENDAR: (Action Items) (A.1. - A.2.)
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion. Any member of the public may address the City Council on an item of concern by submitting to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.1. Register Of Demands. (File 0300-30)
Recommendation: That the City Council

1. Ratify the list of demands for August 26, 2023 – September 22, 2023.

Item A.1. Report (click here)
Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

A.2. General Fund Adopted Budget for Fiscal Year 2023/2024 Changes. (File 0330-30) Recommendation: That the City Council
Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 3 of 6

1. Receive the report listing changes made to the Fiscal Year 2023-2024 General Fund Adopted Budget.

Item A.2. Report (click here)
Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

B. PUBLIC HEARINGS: (B.1. – B.2.)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record. An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 611 Seabright Lane, Applicant: Boat, Case: DRP22-017/SDP22- 015. (File 0600-40)
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.

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 15301 of the State CEQA Guidelines; and

Item B.1. Report (click here)
Item B.1. Updated Report #1 (added 10-10-23)
Deputy Mayor Zito recused himself due to the property interest within 500 ft. of the project property.

Greg Wade, City Manager, stated that Staff recommended to continue this hearing to October 25, 2023 to allow the applicant to recertify story poles and work with the view claimant.

Mayor Heebner opened the public hearing.

Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 4 of 6 Motion: Moved by Mayor Heebner and second by Councilmember Becker to continue the heating to a date certain of October 25, 2023. Approved 4/0/1. Ayes: Heebner, Edson, Becker, MacDonald. Noes: None. Absent: Zito (recused). Motion carried.

B.2. Public Hearing: 256 Pacific Ave., Applicant: Hester, Case: DRP22-018, SDP22- 016. (File 0600-40)
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.

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 2023-115 conditionally approving a DRP and SDP to construct a 2,498 square-foot split-level single-family residence with an attached two-car garage and perform associated site improvements at 256 Pacific Avenue, Solana Beach.

Item B.2. Report (click here)
Greg Wade, City Manager, introduced the item.

Katie Bensen, Assistant Planner, presented a PowerPoint (on file).

Mayor Heebner opened the public hearing.

Council disclosures.

Stephen Dalton, Architect, presented a PowerPoint (on file) reviewing the project proposal.

Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to close the public hearing. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

C. STAFF REPORTS: (C.1. – C.2.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

C.1. Temporary Public Arts Program Modifications. (File 0910-41) Recommendation: That the City Council
Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 5 of 6

1. Consider adoption of Resolution 2023-116 authorizing modifications to the Temporary Public Arts Program loan duration and artist compensation from $1,500 for a one-year loan to $3,000 for a two-year loan and the addition of a new temporary public art location on Highland Drive.

Item C.1. Report (click here)
Item C.1. Supplemental Docs (Updated 10-09-23)
Greg Wade, City Manager, introduced the item.

Dan King, Assistant City Manager, presented a PowerPoint (on file).

Council and Staff discussed locations reviewed for any sightline visibility issues.

Motion: Moved by Mayor Heebner and second by Councilmember Edson to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

C.2. Purchasing Authority - Adoption (2nd Reading) of Ordinance 532. (File 0370-10) Recommendation: That the City Council

1. Adopt Ordinance 532 amending Solana Beach Municipal Code (SBMC) Chapter

3.08 to increase the City Manager's purchasing authority from $25,000 to $50,000, and to revise the thresholds for the procurement process.

Item C.2. Report (click here)
Johanna Canlas, City Attorney, introduced the item and read the title.

Motion: Moved by Deputy Mayor Zito and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None. Motion carried unanimously.

WORK PLAN COMMENTS:

Adopted June 28, 2023
COMPENSATION & REIMBURSEMENT DISCLOSURE:

Councilmember Edson reported that NCTD (North County Transit District) paid for her travel and expenses to Orlando to attend the American Public Association Conference.

COUNCIL COMMITTEE REPORTS: Council Committees
Solana Beach City Council Regular Meeting Actions October 11, 2023 Page 6 of 6 REGIONAL COMMITTEES: (outside agencies, appointed by this Council) STANDING COMMITTEES: (All Primary Members) (Permanent Committees)

CITIZEN COMMISSION(S)
ADJOURN:

Mayor Heebner adjourned the meeting at 6:50 pm
Agency Designated Representative: Johanna N. Canlas, City Attorney Unrepresented Employee: Interim City Manager
ACTION: Authorized the City Attorney to negotiate an agreement for Interim City Manager with Assistant City Manager, Dan King.

ADJOURN:

Mayor Heebner adjourned the meeting at 6:05 p.m.

CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Finance
SUBJECT: Register of Demands
BACKGROUND:

Section 3.04.020 of the Solana Beach Municipal Code requires that the City Council ratify a register of demands which represents all financial demands made upon the City for the applicable period.

DISCUSSION:

Staff certifies that the register of demands has been reviewed for accuracy, that funds are available to pay the above demands, and that the demands comply with the adopted budget.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The register of demands for October 7, 2023 through October 20, 2023 reflects total expenditures of $1,057,939.58 from various City sources.

WORK PLAN:

N/A
Register of Demands: 10/07/2023 through 10/20/2023
Check Register - Disbursement Fund (Attachment 1) $ 799,080.16 Net Payroll Council October 12, 2023 4,974.94
Net Payroll Staff O08 October 13, 2023 253,884.48
TOTAL $ 1,057,939.58
November 8, 2023
Register of Demands

Page 2 of 2 ends

OPTIONS:
• Ratify the register of demands.
• Do not ratify and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council ratify the above register of demands.

CITY MANAGER’S RECOMMENDATION:

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

1. Check Register – Disbursement Fund
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.3.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2023-24
BACKGROUND:

Staff provides a report at each Council meeting that lists changes made to the current Fiscal Year (FY) General Fund Adopted Budget. The information provided in this Staff Report lists the changes made through October 25, 2023.

DISCUSSION:

The following table reports the revenue, expenditures, and transfers for 1) the Adopted General Fund Budget approved by Council on June 28, 2023 (Resolution 2023-089) and 2) any resolutions passed by Council that amended the Adopted General Fund Budget.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA
Date Action Description Revenues Expenditures Transfers from GF Net Surplus 06/28/2023 Reso 2023-089 Adopted Budget 24,472,918 (23,078,124) (980,000) $ 414,794 414,794
Date Action Description Revenues Expenditures Transfers from GF Net Surplus 06/28/2023 Reso 2023-089 Adopted Budget 4,400,000 (1,124,000) (733,400) $ 2,542,600 2,542,600
Combined General Fund Net Surplus $ 2,957,394

GENERAL FUND - ADOPTED BUDGET PLUS CHANGES
As of 10/25/2023
General Fund - Operations
General Fund - Measure S
November 8, 2023
General Fund Budget Changes - FY 2024

Page 2 of 2 ends

FISCAL IMPACT:

N/A
WORK PLAN:

N/A
OPTIONS:
∙ Receive the report.
∙ Do not accept the report
DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council receive the report listing changes made to the FY 2023-2024 General Fund Adopted Budget.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.4.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2023-123 Authorizing the City Clerk to File a Notice of Completion for the Fletcher Cove Tot Lot Replacement Project
BACKGROUND:

The construction contract for the Fletcher Cove Tot Lot Replacement, Bid No. 2023-01, was awarded to R.E. Schultz Construction, Inc. on February 8, 2023. Construction of the project started in April 2023 and was completed in June 2023. At the end of construction, a 90-day plant establishment period started. Now that the plant establishment period is completed, the Notice of Completionn (NOC) can be filed.

This item is before the City Council for the consideration of Resolution 2023-123 (Attachment 1) to report the final project costs, accept the Fletcher Cove Tot Lot Replacement as complete and direct the City Clerk to file a NOC.

DISCUSSION:

R.E. Schultz Construction, Inc. completed all work on this project in accordance with the approved plans and specifications of Bid No. 2023-01 to the satisfaction of the City Engineer. The City will release the 5% retention, in the amount of $16,439.85, 35 days after the NOC is approved by the City Council.

Two changes orders were approved and executed during construction of the project.

Change Order No. 1, in the amount of $11,095.94, compensated the contractor for the installation of rebar dowels to tie the concrete pavement under the rubber safety surface into the concrete curb and to fully compensate the contractor for the quantity of synthetic turf removed and installed near the ocean overlook. Change Order No. 2, in the amount of $3,224.00, compensated the contractor for a repair to the synthetic turf that was November 8, 2023
Fletcher Cove Tot Lot – NOC

Page 2 of 3 ends

damaged by a hot barbeque grill and a short extension of the wood lodge pole fence along South Sierra Avenue.

CEQA COMPLIANCE STATEMENT:

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

FISCAL IMPACT:

A construction contract was awarded to R.E. Schultz Construction, Inc. at the February 8, 2023, City Council meeting in the amount of $314,477.08. An additional $45,000 was approved for a construction contingency to cover unforeseen items during construction.

There were two change orders approved and executed in the amount of $14,319.94, which equates to an effective contingency of less than 5%.

Table 1 – Construction Cost Accounting
Item Description Company Cost
Construction Contract R.E. Schultz Construction, Inc. $314,477.08 Change Order No. 1 R.E. Schultz Construction, Inc. 11,095.94 Change Order No. 2 R.E. Schultz Construction, Inc. 3,224.00 City Purchase of Playground Equipment Landscape Structures, Inc. 126,617.09 Construction Support VDLA 5,160.00
Total Project Costs $460,574.11
Appropriated Funds $491,254.17
Remaining Appropriated Funds $30,680.06
WORK PLAN:

The Fletcher Cove Tot Lot Replacement is consistent with Item B.8 (Fletcher Cove Park and Community Center Maintenance) of the Community Character Priorities section of the Fiscal Year (FY) 2023/24 Work Plan.

OPTIONS:
• Adopt Staff recommendation.
• Deny Staff recommendation and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-123:

November 8, 2023
Fletcher Cove Tot Lot – NOC

Page 3 of 3 ends

1. Authorizing the City Council to accept, as complete, the Fletcher Cove Tot Lot Replacement, Bid No. 2023-01, constructed by R.E. Schultz Construction, Inc.

2. Authorizing the City Clerk to file a Notice of Completion.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-123
ATTACHMENT 1
RESOLUTION 2023-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ACCEPTING AS

COMPLETE THE FLETCHER COVE TOT LOT

REPLACEMENT AND AUTHORIZING THE CITY CLERK TO

FILE A NOTICE OF COMPLETION
WHEREAS, a construction contract for the Fletcher Cove Tot Lot Replacement, Bid No. 2023-01, was awarded to R.E. Schultz, Inc. on February 8, 2023, and construction of the project started in April 2023; and
WHEREAS, two changes orders were executed during construction. Change Order No. 1 compensated the contractor for installation of rebar dowels to tie the concrete pavement under the rubber safety surface into the concrete curb and to fully compensate the contractor for the quantity of synthetic turf removed and installed near the ocean overlook. Change Order No. 2 compensated the contractor for a repair to the synthetic turf and a short extension of the wood lodge pole fence along South Sierra Avenue.

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

1. That the above recitations are true and correct.

2. That the City Council accepts as complete the Fletcher Cove Tot Lot Replacement, Bid No. 2023-01, constructed by R. E. Schultz Construction, Inc.

3. That the City Council authorizes the City Clerk to file a Notice of Completion for the project.

PASSED AND ADOPTED this 8th day of November 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
ABSTAIN: Councilmembers
ABSENT: Councilmembers
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _______________________________ Resolution 2023-123
Fletcher Cove Tot Lot – NOC

Page 2 of 2 ends

JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.5.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2023-122 – Approving an Amendment to SANDAG’S 2023 Regional
Transportation Improvement Program
BACKGROUND:

The San Diego Association of Governments (SANDAG) is required by state and federal laws to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The RTIP is a multi-year program of proposed major highway, arterial, transit, and bikeway projects including the TransNet Program of Projects. The current 2023 RTIP was adopted by the SANDAG Board on September 23, 2022 and covers the five-year fiscal period 2022/23 through 2026/27. The 2023 RTIP can be downloaded at the following SANDAG website:
https://www.sandag.org/-/media/SANDAG/Documents/PDF/funding/funding-andprogramming/regional-transportation-improvement-program/final-2023-rtip-2022-11-

30.pdf
This item is before the City Council to consider adopting Resolution 2023-122 amending the 2023 RTIP list of projects to program Regional Transportation Congestion Improvement Program (RTCIP) funding, and to revise the Capital Improvement Program (CIP) budget for Traffic Signal Upgrades Phase 1 by substituting Gas Tax funding with RTCIP funding.

DISCUSSION:

The RTIP is a planning document that lists all major transportation improvement projects for the region. A transportation project generally has to be listed in the RTIP to be eligible for TransNet, State and Federal funding. The RTIP for San Diego County is prepared by SANDAG. SANDAG prepares a five-year program and updates this program every two November 8, 2023
Regional Transportation Improvement Program Amendment

Page 2 of 3 ends

years with input provided by local agencies in the county. Amendments to the RTIP can be made quarterly with specified limitations.

SANDAG requires local agencies to submit a separate project submittal form for each project that is to be included in the RTIP. The submittal of the projects to SANDAG must include evidence of formal action by the legislative body of the City, preferably by resolution. SANDAG also requires that the local agency hold a public meeting prior to adoption or amendment of the five-year RTIP project list.

Adopting this RTIP amendment Resolution will allow the City to utilize RTCIP funds that the City collected from newly constructed residential units and to spend these funds towards improvements to the Regional Transportation System. RTCIP funds can only be used for the Regional Arterial System (RAS) and not any other transporation network. In our City, only Highway 101 and Lomas Santa Fe Drive, west of Interstate 5, are designated as part of the Regional Arterial System (RAS).

The TransNet Ordinance requires the RTCIP funds to be expended no later than seven years after collection. The City’s current balance in the RTCIP funds is approximately $301,000, of which $24,714 and $36,233 need to be expended by June 30, 2024 and June 30, 2025, respectively. An additional $239,884 will need to be expended in the following five years. There are no projects currently programmed for the Regional Arterial System on which the above mentioned funding may be used. However, the City’s current CIP includes the Traffic Signal Upgrades Phase 1 project. This CIP project is primarily for traffic signals on the Regional Arterial System and qualifies for RTCIP funding. Due to the required timing for the expenditure of these funds, Staff is recommending adding this CIP project into the RTIP with RTCIP funding. The Traffic Signal Upgrade project is currently funded with Gas Tax which has much more expenditure flexibility. Staff’s recommendation would substitute Gas Tax funding with RTCIP funding. The unused Gas Tax funding may be used for other transportation related projects.

The following project is proposed to be added to the RTIP project list:

Traffic Signal Equipment Replacements and Upgrades
This project will provide funding for traffic signals on Highway 101 and Lomas Santa Fe Drive, west of Interstate 5. Regional Transportation Congestion Improvement Program (RTCIP) funding will be utilized. RTCIP funding to be programmed in the amounts of $25,000 and $36,000 in FY 2023-24 and FY 2024-25, respectively.

CEQA COMPLIANCE STATEMENT:

Amendments to the RTIP are not a project under CEQA. Environmental review is conducted prior to commencing each project as necessary.

November 8, 2023
Regional Transportation Improvement Program Amendment

Page 3 of 3 ends

FISCAL IMPACT:

The FY 2024 Capital Improvement Plan budget appropriated $114,255 in Gas Tax funds for Traffic Signal Upgrades Phase 1. Staff is recommending that the budget for Traffic Signal Upgrades Phase 1 be revised to add $25,000 in RTCIP funds and reduce Gas Tax funding by the same amount. The unused Gas tax funds would be available for future transportation related projects.

WORKPLAN:

N/A
OPTIONS:
• Adopt Staff recommendations.
• Provide direction to Staff.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council:

2. Appropriate $25,000 to the Traffic Signal Upgrades Phase 1 CIP project from the RTCIP fund and reduce Gas Tax funding by $25,000.

3. Authorize the City Treasurer to amend the Fiscal Year 2023-24 Adopted Budget accordingly.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_____________________________
Gregory Wade, City Manager
Attachment:

1. Resolution 2023-122
RESOLUTION 2023-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING AN

AMENDMENT TO THE TRANSNET LOCAL STREET

IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL
YEARS 2023 THROUGH 2027
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of Solana Beach was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2023 through 2027; and WHEREAS, the City of Solana Beach approved its 2023 TransNet Local Street Improvement Program of Projects (POP) on May 24, 2023 and the City of Solana Beach desires to make adjustments to its Program of Projects; and WHEREAS, the City of Solana Beach has held a noticed public meeting with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.

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

1. That the above recitations are true and correct.

2. That the City of Solana Beach requests that SANDAG make the following changes to its 2023 POP (the “Amendment”) as programmed in the 2023 RTIP.

3. That City of Solana Beach approves an amendment to the SANDAG 2023 Regional Transportation Improvement Program (RTIP) of projects for Fiscal Years 2023 through 2027, to add a Traffic Signal Equipment Replacements and Upgrades project, and to program Regional Transportation Congestion Improvement Program (RTCIP) funds.

4. That pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Solana Beach certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment.

Resolution 2023-122
Regional Transportation Improvement Program FY 2023-2027

Page 2 of 2 ends

5. That pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Solana Beach certifies that all new or changed projects, or major reconstruction projects, included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Solana Beach’s public hearing process for the Amendment.

6. That the City of Solana Beach does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy 31 have been met.

7. That the City of Solana Beach agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Solana Beach’s TransNet funded projects.

8. That the City of Solana Beach appropriates $25,000 to the Traffic Signal Upgrades Phase 1 CIP project from the RTCIP fund and reduces Gas Tax funding by $25,000.

9. That City of Solana Beach authorizes the City Treasurer to amend the Fiscal Year 2023-24 Adopted Budget accordingly.

PASSED AND ADOPTED this 8th day of November 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 –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.6.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Fire Department
SUBJECT: City Council Consideration of Resolution 2023-127 Approving the Purchase of Firefighter Self Contained Breathing
Apparatus and Rapid Intervention Team Paks
BACKGROUND:

A self contained breathing apparatus (“SCBA”) is a device worn by firefighters and other rescue workers to provide breathable air in toxic or hazardous environments that present an immediate danger to life and health. SCBAs are critical and highly technical pieces of personal protective equipment (PPE) for firefighters that include a high-pressure air tank, pressure regulator, and an inhalation connection (mouthpiece, mouth mask, or face mask), connected together and mounted to a carrying frame. SCBAs utilize lightweight, flame resistant materials that do not interfere with the ability to carry a rescued person over a firefighter’s shoulder or inhibit their movement when responding to fires. Also included with this system are two (2) Rapid Intervention Team (RIT) Paks that include additional equipment to support the SBCAs. In addition, modern firefighting SCBAs incorporate a Personal Alert Safety System (PASS) device or an Automatic Distress Signal Unit into their design, which emits distinctive high pitched alarm tones to help locate firefighters in distress.

SCBAs are one of the most important pieces of PPE that a firefighter relies on in a hazardous environment. A SCBA provides a firefighter clean breathing air while they perform physically strenuous activities, such as pulling fire hose, throwing ground ladders, and carrying people out of burning buildings. Without a properly functioning SCBA, a firefighter cannot perform their job effectively or safely.

This item is before the City Council to consider adoption of Resolution 2023-127 (Attachment 1) approving the purchase of firefighter SCBAs and Rapid Intervention Team Paks.

DISCUSSION:

The National Fire Protection Association (NFPA) 1981 standard regulates how a SCBA should be operated, maintained, cleaned, and stored. The NFPA standard is revised every five (5) years. According to the 1981 standard, a complete SCBA system will remain within compliance November 8, 2023
SCBA Purchase

Page 2 of 5 ends

for three (3) NFPA iterations/editions. The latest NFPA 1981 edition will become effective in 2024.

The Solana Beach Fire Department SCBA fleet will soon reach the third NFPA cycle (purchased in 2012) and will become out of compliance. Each SCBA system is tested annually to ensure the pressure reducers are functioning properly. This testing is highly complex and is documented to meet the Occupational Safety and Health Administration (OSHA) and NFPA requirements. The City’s current SCBAs are deteriorating rapidly. Many of the SCBA Paks are out of repair, forcing each apparatus to downgrade to three (3) SCBAs per apparatus, as opposed to the standard four (4). Additionally, thousands of dollars are being spent each year on repair costs.

The Solana Beach Fire Department’s existing SCBAs (which were purchased over 10 years ago) are approaching the end of their useful life and are no longer under warranty. Some have deteriorated rapidly, requiring expensive repairs and ongoing maintenance.

The new SCBA Model Scott Air-Pak X3 Pro offers several features that allow the use to be more efficient and includes safety features, such as heads-up display and PASS, that better protect firefighters from equipment failures. With the new, upgraded SCBAs, all active, on duty firefighters can safely and effectively respond to fires or other hazardous conditions and better ensure the protection of life and property in the community. Some of the additional upgrades include:
• Higher-pressure cylinders that allow an additional 15 minutes of breathing air, while maintaining same cylinder size and weight.
• Equipped with an Emergency Breathing Support System (EBSS) that allows a firefighter to connect their pack to a downed firefighter whose pack is either empty or broken. • Lifetime repair warranty, which provides cost savings in maintenance costs.

The Solana Beach Fire Department also has existing automatic aid/boundary drop agreements with its surrounding jurisdictions. The Department’s existing equipment is not compatible with neighboring departments, other than Encinitas and Del Mar, and cannot be interchanged in an emergency. The ability to share resources, such as air bottles, is critical for effectively fighting large fires or responding to hazardous materials incidents.

The new fleet of SCBAs will ensure that our equipment is in NFPA compliance, maintains interconnectivity with neighboring jurisdictions, obtains lifetime warranty, is upgraded to the latest SCBA technology, and provides the firefighters with the safest PPE.

The City’s purchasing policy allows the City to participate in purchases and contracts, established by other public agencies, provided that cooperative agreement is established following a competitive process (Solana Beach Municipal Code 3.08.130(C)). On May 5, 2020, Sourcewell, a State of Minnesota local government agency and service cooperative, of which the City is a member, completed a competitive request for proposals process for the procurement of firefighting personal protective equipment, apparel, and accessories. Based on evaluation criteria, such as pricing, selection and variety of products offered, customer November 8, 2023
SCBA Purchase

Page 3 of 5 ends

support and ability to meet the contract requirements, Municipal Emergency Services (MES) was awarded Contract #032620 (Attachment 2) for an initial term of four years plus one annual option to renew. Staff has evaluated the pricing, products, and support provided by the contract and has determined that utilization of Contract #032620 for the purchase of SCBAs and RIT Paks to be in the City best interest.

A total of fifteen (15) SCBAs will be purchased to ensure that each fire apparatus carries the standard four SCBAs along with an additional three backup units. Each SCBA unit is equipped with an air cylinder and each fire apparatus has backup air cylinders. Each fire engine is equipped with four backup cylniders while the fire truck has a total of twelve for a total of 35 air cylinders in this procurement.

In conjunction with the new SCBAs, each firefighter will be issued a personal SCBA Mask and voice amplifier that seamlessly integrates with the new equipment. To guarantee operational continuity, 18 masks are needed for our firefighting team, with an extra one set aside as a backup.

Each of the two RIT Paks have been matched with a larger air cylinder to facilitate firefighter rescues in the event of a trapped or downed firefighter. Consequently, with the acquisition of the new SCBAs, it is imperative that we procure a compatible RIT-Pak. Accordingly, one RIT Pak is needed for the Fire Engine and the Fire Truck. The Rreserve Engine unit will not be equipped with a RIT Pak.

Solana Beach received a quote from MES (Attachment 3) which provided substantial discounts beyond the contractual prices. The comparison of list price, discounts and totals savings for all the equipment is shown below:

Item List Price
Contract
Price
Contract
Discount
SB Quoted
Price
SB
Additional
Savings
SB
Overall
Discount
SCBAs $ 10,779.30 $ 8,192.77 24% $ 7,322.60 $ 869.67 32% RIT Pak $ 5,133.95 $ 4,671.89 9% $ 3,711.29 $ 1,422.66 28% Cylinders
45min $ 2,005.44 $ 1,524.13 24% $ 995.00 $ 529.13 50%
Cylinders
75min $ 2,455.29 $ 1,866.02 24% $ 1,769.55 $ 69.47 27%
4 Point
Kevlar $ 493.85 $ 449.40 9% $ 365.81 $ 83.59 26%
Voice
Amplifier $ 862.54 $ 784.91 9% $ 623.52 $ 161.39 28%
Total
Costs &
Savings $ 296,702.40 $ 231,380.64 22% $ 189,743.68 $ 41,636.96 36% November 8, 2023
SCBA Purchase

Page 4 of 5 ends

Furthermore, Staff has informally validated the competitive pricing of purchasing this equipment from other vendors. Staff’s research further affirmed that MES is still the lowest cost for this purchase, with other vendors coming in between $15,500 to $84,000 more than MES. Staff has further confirmed MES prices were obtained through a competitive bidding process.

Staff is recommending the approval of purchasing the self-contained breathing apparatus and Rapid Intervention Team Paks through MES in the amount of $189,743.68.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The new SCBA’s will be purchased utilizing funds available in the City’s Fire Asset Replacement Fund Reserves (Reserves). The total for the SCBAs is $189,743.68 of which there are sufficient funds in the Reserves to cover the cost. The Fire Department originally planned to purchase the equipment in Fiscal Year 2024/2025. However, due to the critical need, the Fire Department is seeking to purchase the SCBAs now. The Fire Asset Replacement Funds reserve balance after this purchase would be approximately $1,800,000.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Approve Staff recommendation with modifications.
• Deny Staff recommendation and provide direction, as needed.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-127:

1. Authorizing the purchase of firefighter self contained breathing apparatus and rapid intervention team paks in the amount of $189,743.68.

2. Authorizing the appropriation of $189,743.68 from Asset Replacement – Fire Equipment Expenditure account (1356120.66400).

3. Authorizing the City Treasurer to amend the Fiscal Year 2023/2024 Adopted Budget accordingly.

November 8, 2023
SCBA Purchase

Page 5 of 5 ends

CITY MANAGER RECOMMENDATION:

Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2023-127

2. Sourcewell MES Contract #032620

3. MES Solana Beach Quote
RESOLUTION 2023-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING THE

PURCHASE OF SELF CONTAINED BREATHING

APPARATUS AND RAPID INTERVENTION TEAM PAKS IN
THE AMOUNT OF $189,744
WHEREAS, A self contained breathing apparatus (“SCBA”) is a critical piece of personal protective equipment worn by firefighters to provide breathable air in toxic or hazardous environments that present an immediate danger to life and health; and WHEREAS, the National Fire Protection Association (NFPA) 1981 standard regulates how a SCBA should be operated, maintained, cleaned, and stored; and WHEREAS, the Solana Beach Fire Department’s existing SCBAs are approaching the end of their useful life, are no longer under warranty, and will soon be out of NFPA compliance; and
WHEREAS, the new fleet of SCBAs will ensure that our equipment is in NFPA compliance, maintains interconnectivity with neighboring jurisdictions, obtains lifetime warranty, is upgraded to the latest SCBA technology, and provides the firefighters with the safest PPE; and
WHEREAS, for the SCBA replacements, pursuant to Solana Beach Municipal Code Section 3.08.130(C), the City obtained a price quote from Municipal Emergency Services (MES) utilizing the Sourcewell awarded Contract #032620; and WHEREAS, the sale price of the SCBAs and RIT Paks to be purchased has been obtained through competitive bidding process conducted within the previous 24-months by MES; and
WHEREAS, the purchase of the SCBAs and RIT Paks through MES will be at a lower price than found elsewhere, with further substantial discounts from the Sourcewell Contract pricing, the total of which is a lower price than reasonably could be achieved through normal purchasing procedures.

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

1. That the above recitations are true and correct.

2. That the City Council authorizes the purchase of self-contained breathing apparatus and rapid intervention team paks in the amount of $189,744.

Resolution 2023 - 127
SCBA Purchase

Page 2 of 2 ends

3. That the City Council authorizes the appropriation of $189,744 from the Asset Replacement – Fire Equipment Expenditure Account
(1356120.66400).

4. That the City Council authorizes the City Treasurer to amend the Fiscal Year 2023/2024 Adopted Budget accordingly.

PASSED AND ADOPTED this 8th day of November, at a regular meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk 032620-MES
1 Rev. 4/2019
Solicitation Number: RFP #032620

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Municipal Emergency Services Inc., 12 Turnberry Ln, 2nd Floor, Sandy Hook, CT 06482 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only.

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.

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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.

C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.

When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

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Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.

B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.

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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS

A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.

Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.

6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.

B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.

C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.

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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, masterservant, principal-agent, or any other relationship.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.

13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.

15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the

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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

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1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.

During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event

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$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance

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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.

Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when

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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction

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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award

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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

032620-MES
16 Rev. 4/2019

24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.

Sourcewell Municipal Emergency Services Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Seth Cosans
Title: Director of Operations &
Procurement/CPO
Title: Contract Administrator
Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

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Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc

1----------+---I I-------------111
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.

Upon an award MES would survey our sales force to see how the response of the membership customers wish to use this contract vehicle to purchase. And MES will be tracking success of the use of the contract by its membership when we look at the quarterly reports to see how much business is completed using this contract after it has had a couple quarters to be promoted both by Sourcewell and by MES. *
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.

MES provides the very best that the fire and public safety industry manufacturers have to offer our market. Many of these products are similar however MES takes feedback from agencies and gives that back to manufacturers to improve products performance and safety while maintaining safety standards and certifications. MES has had many manufacturers make products just for MES to offer as a result so that MES can provide thermal imaging cameras, gloves, boots, or other products that are better than we normally see in the market.
*
68 Describe available options for
customization of the products and/or
equipment offered in your proposal.

MES offers the full range of options from all of the various manufactures represented to customize items within the extent that certifications allow. * 69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.

Once MES gets an order which involves a need for sizing of any product our regional sales force is in contact with the agency membership to schedule sizing. If fitting is needed after delivery MES is again available to help with that as well and any alterations can be ordered or addressed quickly.
*
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.

MES has as mentioned in other tabs the largest and most experienced subject matter specialist in the industry for on site sales demo, training and support. Our sales force works closely with the manufactures having many of their folks ride with MES sales force to sales calls to demo and service products. This makes MES the reason we are the first ones agencies call and even though we may not always be the lowest price we are the best value in the industry. MES gets it done. *
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).

MES staff are subject matter specialist on NFPA standards for turnout gear, SCBA systems and all related gear so that as changes in certifications are happening we are there to help the market stay up to speed with all of their gear and certifications testing and service. Our Techs are updated on their training as well as our sales staff as needed.
*
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

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Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc

Sourcewell Contract # 032620-MES | Amendment #1

Page 1 of 1 ends

AMENDMENT #1
TO
CONTRACT # 032620-MES
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Municipal Emergency Services Inc. (Vendor).

Sourcewell awarded a contract to Vendor to provide Firefighting Personal Protective Equipment, Apparel, and Accessories, with Related Cleaning and Maintenance Equipment, to Sourcewell and its Participating Entities, effective May 5, 2020, through May 7, 2024 (Contract).

The parties wish to amend the Contract.

NOW THEREFORE, Section 20. Insurance–Subsection A. Requirements– Item 5.

Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability, of the Contract, is deleted in its entirety.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell Municipal Emergency Services Inc.

By: By:

Jeremy Schwartz, Director of Operations/CPO John Walker, CFO Date: Date:

Approved:

By:

Chad Coauette, Executive Director/CEO
Date:

~ DocuSigned by:
____ L!,~4~~y
(877) 637-3473
Quote
Quote # QT1675852
Date 09/05/2023
QT1675852

Page 1 of 1 ends

Bill To

ZACH TOTH

SOLANA BEACH FIRE DEPARTMENT
500 LOMAS SANTA FE DRIVE
SOLANA BEACH CA 92075
United States
Expires 01/31/2024
Sales Rep Leightner, Scott
PO # SCBA RFQ 2023
Shipping Method FedEx Ground
Customer Solana Beach Fire Department
Customer # C63111
Ship To

ZACH TOTH

SOLANA BEACH FIRE DEPARTMENT
500 LOMAS SANTA FE DRIVE
SOLANA BEACH CA 92075
United States
Item Alt. Item # Units Description QTY Unit Price Amount X8815025305304 Air-Pak X3 Pro SCBA (2018 Edition) with CGA, Parachute Buckles, 5.5, Standard, No Accessory
Pouch, E-Z Flo+ Regulator with Quick Disconnect Hose
(Rectus-type fittings), Universal EBSS, None, No, PakTracker, No Case, 2 SCBA Per Box 14 $7,322.60 $102,516.40
X8815025305303 Air-Pak X3 Pro SCBA (2018 Edition) with CGA, Parachute Buckles, 5.5, Standard, No Accessory
Pouch, E-Z Flo+ Regulator with Quick Disconnect Hose
(Rectus-type fittings), Universal EBSS, None, No, PakTracker, No Case, 1 SCBA Per Box 1 $7,322.60 $7,322.60
200969-01 CYL&VALV,CGA,CARB,45/5500 ASSY 35 $995.00 $34,825.00 201215-28 SCOTT NEW AV3000HT 4 POINT - KEVLAR - RT

BRKT - SIZE MED
19 $365.81 $6,950.39
201275-01 EPIC 3 Voice Amplifier (Individually Packaged) 19 $623.52 $11,846.88 200954-15 RIT-PAK III,5.5,LG,AV,RECTUS 2 $3,711.29 $7,422.58 200975-01 CYL&VALV,CGA,CARB,75/5500 ASSY 2 $1,796.55 $3,593.10 ZACH - QUOTE ATTACHED FOR YOUR REVIEW. THIS ORDER QUALIFIES FOR FREE SHIPPING.

Subtotal $174,476.95
Shipping Cost $0.00
Tax Total $15,266.73
Total $189,743.68
This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.

All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.

Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.

MUNICIPAL EMERGENCY SERVICES
II Ill 111111111111111 11111111111
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.1.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Community Development Department
SUBJECT: Continued Public Hearing: Request for a DRP and SDP to Construct a Second-Floor Addition to an Existing TwoStory, Single-Family Residence with an Attached Garage at 611 Seabright Lane. (Applicants: Laura and John Boat;
Application: DRP22-017/SDP22-015; APN: 263-062-05;
Resolution No. 2023-112)
BACKGROUND:

The Applicants, Laura and John Boat, are requesting City Council approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to construct a 119 square-foot second-floor addition with associated improvements to a twostory single-family residence. The project proposes 10 cubic yards of excavation for footings to be exported offsite. The maximum building height of the proposed addition would be 25.0 feet above the existing and proposed grade (or 97.10 feet above Mean Sea Level (MSL)). The 10,397 square-foot lot is located within the Low Medium Residential (LMR) Zone and the Scale Residential Overlay Zone (SROZ).

A DRP is required for a proposed addition to a structure that would exceed 60 percent of the maximum allowable floor area. An SDP is required for an addition over 16 feet in height as measured from the pre-existing grade.

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2023-112 (Attachment 1).

DISCUSSION:

As described later in this report, the project was revised following a recommendation by the View Assessment Commission (VAC) to deny the SDP. The revised project includes November 8, 2023
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a reduced scope and scale that is located entirely within the three-dimensional envelope of the originally certified story poles that depicted the original scope considered by the VAC and had been intended to remain through the City Council Public Hearing.

The Public Hearing for this project was originally scheduled and noticed for the October 11, 2023, Regular Meeting of the City Council. In an apparent effort to depict the revised proposed project, the Applicants in this case removed some of the story poles without authorization or certification. Though it is common for story poles to be modified during the discretionary phase of a project in an effort to accurately depict modified projects, such changes are required to be certified by a licensed land surveyor to ensure accuracy.

In an interest to allow the story poles to be accurately re-installed and re-certified, the City Council opened the Public Hearing on October 11, 2023 and continued the matter, datecertain, to the October 25, 2023, Regular Meeting of the City Council.

The story poles were modified and the certification has been updated to reflect the revised project as depicted by the story poles in their current configuration, which accurately depicts the design of the proposed project. Following distribution of the materials for the October 25, 2023 City Council meeting, Staff became aware that the View Claimant would not be able to facilitate site visits prior to the continued Public Hearing. Following standard practice, a View Claimant is allowed one courtesy request to continue the date of a scheduled hearing by either the View Assessment Committee (VAC) or the City Council.

Therefore, on October 25, 2023, the City Council continued the matter, date-certain, to the November 8, 2023, Regular Meeting of the City Council.

The subject 10,397 square-foot lot is located on the west side of Seabright Lane. The topography slopes gently down from Seabright Lane to the rear (west) property line. The property is developed with a two-story single-family residence with an attached two-car garage. The existing residence is legal nonconforming for the following four reasons; 1) a portion of the second story roof exceeds the maximum building height by approximately

3.9 feet; 2) the roof deck railing exceeds the maximum allowable building height by approximately 1.25 feet; 3) the garage encroaches diagonally into the front yard setback by a maximum of 5.33 feet; and 4) the northern exterior wall of the residence encroaches approximately 6 inches into the side yard setback. The Residential Building Record (RBR) maintained by the County Assessor identifies the existing improvements as being permitted prior to the City’s incorporation. Pursuant to Solana Beach Municipal Code (SBMC) Section 17.16.050, “where a nonconforming use exists on a lot, additional uses, structures or structural internal and external additions may be established on the lot; provided such additional uses, structures, or structural additions do not increase the size, degree, or intensity of the existing nonconformity.”
The Applicants are proposing to remodel the existing second floor, reconstruct the nonconforming portion of the roof in compliance with building height, and construct a 119 square-foot addition on the second floor. The project would not expand or intensify the remaining nonconforming aspects of the residence, which would be maintained in compliance with SBMC Chapter 17.16. The project plans are provided in Attachment 2.

Table 1 (on the following page) provides a comparison of the SBMC applicable zoning regulations with the Applicants’ proposed design.

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Table 1

LOT INFORMATION
Property Address:

Lot Size (Gross):

Max. Allowable Floor Area:

Proposed Floor Area:

Below Max. Floor Area by:

Max. Allowable Height:

Max. Existing Height:

Max. Proposed Height:

Highest Point/Ridge:
611 Seabright Ln
10,397 sf
3,769 sf
2,861 sf
908 sf
25 ft
(roof) 28.9 ft*
(deck rail) 26.3 ft**

25.0 ft

97.10 MSL
Zoning Designation:
# Units Allowed:
# Units Ex/Proposed:

LMR (4 du/ac)
1 D/U, 1 ADU, 1 JADU
1 D/U
Setbacks: Required Proposed
Front (E) 25 ft 20 ft***
Interior Side (N) 10 ft 9 ft 5 in****
Interior Side (S) 10 ft 11 ft
Rear (W) 25 ft 68 ft
*Legal nonconforming loft roof to be removed
**Legal nonconforming roof deck railing to be maintained ***Legal nonconforming encroachment to be maintained
**** Legal nonconforming encroachment to be maintained

PROPOSED PROJECT INFORMATION
Proposed Floor Area Breakdown: Required Permits:

DRP for proposed total floor area to exceed 60% of
maximum allowable
SDP for addition in excess of 16 feet in height
Existing First Floor Living Area
Existing Second Floor Living Area
Existing Garage
Proposed Second Floor Addition
2,182 sf
560 sf
390 sf
119 sf
Subtotal
Off-Street Parking Exemption
3,251 sf
- 390 sf
Total Proposed Floor Area: 2,861 sf
Required/Proposed Parking: 2 (SFR) / 2 Garage
Proposed Fences and Walls: Existing to remain
Proposed Accessory Structure: No
Existing Development: Single-family residence
with attached garage to remain that is legal
nonconforming related to setbacks and height
Proposed Grading: 10 CY of excavation for footings to be exported offsite.

Staff has prepared draft findings for approval of the project in the attached Resolution 2023-112 for Council’s consideration based upon the information in this report. The applicable SBMC sections are provided in italicized text and conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process.

If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

The following is a discussion of the findings for a DRP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2023-112.

Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required because the total proposed floor area would exceed 60 percent of the maximum allowable for the property. The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made. If the findings cannot be made, the Council shall deny the DRP. Resolution 2023-112 provides a full discussion of the findings.

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

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

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

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

DRP Finding #1
General Plan Consistency
The proposed project may be found consistent with the General Plan, which designates the property as Low Medium Density Residential and is intended for single-family residential development at a maximum density of four dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.

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

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

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

Minimum Yards/Setbacks:

Minimum yard dimensions (setbacks) for the LMR Zone are determined by the setback designator indicated on the City of Solana Beach official zoning map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The existing residence is legal nonconforming as the northeast corner of the garage encroaches approximately

5.33 feet into the required front yard setback, and the northern exterior wall of the residence encroaches approximate 6 inches into the required side yard setback. The Applicants are proposing to maintain the existing footprint of the residence and garage in compliance with the Nonconforming regulations set forth in SBMC Chapter 17.16.

Maximum Floor Area Ratio:

The maximum allowable floor area calculation for 10,397 square-foot lot is as follows:

0.50 for first 6,000 ft2

0.175 for 6,000 to 15,000 ft2
3,000 ft2
769 ft2
Maximum Allowable Floor Area: 3,769 ft2
The existing residence includes a 2,182 square-foot first floor, a 560 square-foot second floor, and a 390 square-foot two-car garage. The proposed project includes a 119 squarefoot addition to the second floor. The subtotal of the proposed gross floor area would be 2,861 square feet.

The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage and unobstructed, 200 square feet of floor area is exempted for each required space (or the total square footage of the garage if it is less than 400 square feet). The existing 390 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 390 square-foot exemption from gross floor area calculation. With the exemption, the total gross floor area of the project would be 2,861 square feet, which is 908 square feet below the maximum allowable for the property.

Maximum Building Height:

The maximum building height for the LMR Zone is 25 feet. The existing legal nonconforming roof deck railing exceeds the maximum allowable height by approximately

1.25 feet and would be maintained with the project in compliance with the Nonconforming regulations set forth in SBMC Chapter 17.16. A portion of the existing legal nonconforming roof also exceeds the maximum allowable building height by approximately 3.9 feet and would be removed and reconstructed with the project to November 8, 2023
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comply with the maximum height allowance. The maximum height of the proposed addition would be 25.0 feet above the pre-existing and proposed grade or 97.10 feet above MSL. The proposed structures would exceed 16 feet in height from the pre-existing grade. Therefore, the project is subject to the requirements of SBMC Chapter 17.63 – View Assessment and the approval of an SDP. As a condition of approval, the Applicants would be required to submit a height certification to certify that no portion of the structure will exceed 25.0 feet from the existing grade or 97.10 feet above MSL.

Required Off-Street Parking:

A single-family residence requires two off-street parking spaces, pursuant to SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM). A total of two offstreet parking spaces are required by the project and two unobstructed 9-foot by 19-foot parking spaces are accommodated in the existing garage.

Fences, Walls and Retaining Walls:

Within the front yard setback, the SBMC Section 17.20.040(O) allows fences and walls, or any combination thereof, to be no higher than 42 inches in height as measured from existing grade, except for an additional 2 feet that is at least 80% open to light. Fences, walls and retaining walls located within the rear and interior side yards are allowed to be up to 6 feet in height with an additional 2 feet that is 50% open to light and air. Fence and wall height is measured from the pre-existing grade.

Currently, the plans show the existing six-foot tall wooden fence enclosing and side and rear yards to remain and in compliance with the requirements of SBMC 17.20.040(O) and

17.60.070(C). If the Applicants decide to modify any of the fences and walls or construct additional fences and walls on the project site, a condition of project approval indicates that they would be required to comply with the Municipal Code.

Water Efficient Landscape:

The project is not subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. According to SBMC Section 17.56.040, the regulations apply to modified landscape areas that exceed 500 square feet. The proposed project does not include any modification to landscape areas. As a condition of approval, should the Applicants decide to modify more than 500 square feet of aggregate landscape area, they would be required to prepare a conceptual landscape plan for review by the City’s third-party landscape architect and approval by City Council under a Modification to the DRP. In addition, A condition has been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

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

1. Relationship with Adjacent Land Uses

2. Building and Structure Placement
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3. Landscaping

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

5. Grading

6. Lighting

7. Usable Open Space
Relationship with Adjacent Land Uses:

The property and the surrounding neighborhood are located in the LMR Zone. These properties were constructed in a planned development prior to the City’s incorporation and are developed with a mix and one-and two-story single-family residences.

Neighborhood Comparison:

Staff compared the proposed project to 29 nearby properties located on Seabright Lane and North Cedros Avenue, as shown on the following map:

The properties evaluated in this comparison are also located in the LMR Zone as well as the Medium Residential and Medium-High Residential Zones. The surrounding properties are developed primarily with single-family homes ranging in size from 888 square feet to 4,050 square feet. The existing square footage information is obtained through the County Assessor records. It should be noted that the County Assessor does not include garages, covered patios or enclosed exterior areas, accessory buildings, or unfinished basements 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 garage:

Project Gross Building Area: 3,251 ft2
Delete Attached Garage: - 390 ft2
Project Area for Comparison to Assessor’s Data: 2,861 ft2 701
-- - 45
38 ~-c:--------=-
37 6
.. ----- 2 . 611 60 _ !.---
~605 564
--•-- - 2 ~ 561 -.. - 52 i 541
,, .. -- 26 ! 533 .- ... - ----- 1' 525
\ 517
t- -- 6\~-=
2 427

1.-----
22 418--=.

November 8, 2023
DRP22-017/SDP22-015
611 Seabright Ln – Boat Residence

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Table 2, below, 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
(GIS)
Existing ft2
Onsite
(Assessor’s)
Proposed /
Recently
Approved ft2
Max.

Allowable ft2
Zone
1 701 Seabright Ln 22,000* 3,004 5,175 LMR
2 649 Seabright Ln 22,000* 6,810 5,175 LMR
3 639 Seabright Ln 18,000* 888 4,875 LMR
4 633 Seabright Ln 10,500* 2,660 3,788 LMR
5 631 Seabright Ln 11,200* 1,284 3,910 LMR
6 623 Seabright Ln 10,150* 2,659 3,726 LMR
7 621 Seabright Ln 13,300* 1,480 4,278 LMR
8 615 Seabright Ln 24,829 2,212 5,316 LMR
9 611 Seabright Ln 10,397 2,746 2,861 3,769 LMR
10 603 Seabright Ln 10,140 2,637 3,725 LMR
11 535 Seabright Ln 10,900 3,247 3,858 LMR
12 525 Seabright Ln 7,800 3,203 3,315 LMR
13 515 Seabright Ln 10,870 2,556 3,853 LMR
14 505 Seabright Ln 10,600 984 3,805 LMR
15 607 N Cedros Ave 9,115 3,320 3,545 MR
16 536 N Cedros Ave 9,392* 2,542 3,594 MR
17 534 N Cedros Ave 13,240* 2,745 4,267 MR
18 520 N Cedros Ave 10,920 1,244 3,471 3,781 MR
19 508 N Cedros Ave 10,460* 1,170 3,781 MR
20 601 N Cedros Ave 15,608 1,282 5,571 11,706 MHR
21 638 Seabright Ln 24,000 Unavailable 5,275 LMR
22 630 Seabright Ln 13,000 4,050 4,225 LMR
23 624 Seabright Ln 11,800 1,774 4,015 LMR
24 622 Seabright Ln 13,000 1,752 4,225 LMR
25 614 Seabright Ln 11,000 1,358 3,875 LMR
26 602 Seabright Ln 10,700 1,666 3,823 LMR
27 552 Seabright Ln 11,000 1,321 3,875 LMR
27 526 Seabright Ln 11,600 1,444 3,980 LMR
29 514 Seabright Ln 10,700 3,452 3,823 LMR
30 506 Seabright Ln 10,300 3,516 3,753 LMR
*The County Assessor lot size information provided in Table 2 appears to be exclusive of the vegetated slopes in the rear yards. For clarification, Staff has provided the actual lot size and maximum allowable floor area for the subject property in bold as well as the lot size listed with the County data.

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Building and Structure Placement:

The proposed project includes a 14 square-foot living area addition and a 44 square-foot partially covered deck that would be exempt from the gross floor area calculation located on the west side of the existing second story as well as a 105 square-foot living area addition on the east side of the existing second story.

Landscape:

The proposed project does not include any modification to existing landscape areas or proposal of new landscape areas. As a condition of approval, should the Applicants decide to modify more than 500 square feet of aggregate landscape area, they would be required to prepare a conceptual landscape plan for review by the City’s third-party landscape architect and approval by City Council under a Modification to the DRP. In addition, a condition has been added to require that native or drought-tolerant and noninvasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

Roads, Pedestrian Walkways, Parking, and Storage Areas:

The two required off-street parking spaces would be located within the existing legal nonconforming garage, which is accessed by the existing driveway on the west side of Seabright Lane. Pedestrian access to the property would be maintained from the existing walkway as well as access around both sides of the residence to the rear yard.

Grading:

The Applicants are proposing approximately 10 cubic yards of excavation for footings to construct the second-story addition. There would be no visible change to the existing grade with the project.

Lighting:

Usable Open Space:

The project consists of the construction of an addition to a 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 approval, the Applicants will be required to pay the City’s Park Impact Fee.

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Structure Development Permit Compliance (SBMC Chapter 17.63):

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

17.63. Story poles were installed depicting the original proposal, which included a firstfloor remodel, a significantly larger second-floor addition, and expansion of the roof deck over the proposed addition. A Story Pole Height Certification was certified by a licensed land surveyor on March 8, 2023, showing a maximum building height of 25.00 feet (97.10 feet above MSL) above the existing and proposed grade. Notices were mailed to property owners and occupants within 300 feet of the project site establishing a deadline to file for View Assessment by April 23, 2023. The City received one application for View Assessment (Attachment 3) from the property owner (Nick Wildgoose; “Claimant”) of 607 North Cedros Avenue, which is located immediately west of the subject property.

The project was presented to the View Assessment Commission (VAC) on June 20, 2023.

The VAC has not met since the June 20, 2023 meeting; therefore, the minutes have not been approved. Table 3 below includes a draft of the disclosures and findings from the June 20, 2023 meeting.

Table 4
Nick Wildgoose
607 N Cedros Coad Villasenor Cohen Moldenhauer Stribling Zajac Najjar Date
Visited
Claimant 6/16 6/16 6/19 6/16 6/16 6/16
Applicant 6/16 6/16 6/19 6/16 6/19 6/16
Primary
Viewing Area
Living
Room /
Dining
(NE)
Living
Room /
Great
Room (E)
Kitchen /
Sitting /
Outdoor
Deck (NW)
Living Room
/ Kitchen (E)
Bedroom
(NW)
Dining
Room (N)
#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

Y N Y N Y N
#4. No Cumulative
View Impairment Y Y Y Y Y Y
#5. Neighborhood
Compatibility Y Y N Y N Y
One VAC member was absent from the meeting. The six participating VAC members did not reach consensus on the primary viewing area. They were each able to make Findings 1, 2, and 4. They were split evenly on Finding 3. Four of the six participating VAC members were able to make Finding 5. The VAC members discussed shared concerns with the size of the proposed second-story addition and the proposed expansion of the roof deck. When offered a continuance, the Applicants did not consent and instead requested that the VAC make a recommendation. Chair Cohen made a motion to recommend denial of the project, which was seconded by Commissioner Coad. The November 8, 2023
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motion passed 5/1/1 Ayes: Villasenor, Najjar, Moldenhauer, Coad, Cohen. Nos: Stribling.

Absent: Zajac. The Notice of Recommendation is included in Attachment 4.

The Applicants have revised the proposed project since the June 20, 2023, VAC meeting.

The changes include an overall reduction of the proposed second-story addition by 759 square feet and removal of the proposed roof deck. The revised project plans dated September 28, 2023, are included in Attachment 2.

The revised project is located entirely withing the three-dimensional envelope of the original story poles; therefore, the Applicants were not required to update the poles.

However, after noticing the project for the October 11, 2023 City Council meeting, the Applicants modified the story poles. The project was, therefore, continued date-certain to the October 28, 2023 City Council meeting to allow for the story poles to be re-stalled and re-certified. The updated certification is included in Attachment 6.

As of the preparation of this Staff Report, the Claimant has maintained his application for view assessment.

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.

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.

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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 25.0 feet above the pre-existing and proposed grade or 97.10 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.

The Draft Resolution of Approval (Attachment 1) reflects the Applicants’ request that the City Council consider the findings of the SDP and includes findings in support of the DRP.

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

Property Frontage and Public Right-of-Way Improvements:

The existing property frontage is unimproved with vegetation and a nonstandard driveway. If approved, the Applicants will be required to remove the existing landscaping and construct a 10-foot wide Decomposed Granite (DG) pathway graded at a two percent maximum slope for walking and parking purposes. In addition, a mountable concrete curb for drainage will be required if the project is approved. The driveway approach will also be reconstructed as a condition of approval to meet the Americans with Disabilities Act (ADA) standards.

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 November 8, 2023
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September 28, 2023. The Applicants provided a letter to the City Council, which is included in Attachment 5. Staff has not received correspondence from neighbors regarding the proposed project except for the referenced View Assessment application from the adjacent neighbor.

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 2023-112 for Council’s consideration based upon the information in this report. Conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval.

The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA Guidelines. Class 1 consists of the minor alteration of existing private structures involving negligible or no expansion to the existing use including additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.

FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2023-112. ∙ 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 and SDP 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.

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.

November 8, 2023
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2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15301 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-112 conditionally approving a DRP and SDP to construct a 119 square-foot second-floor addition with associated improvements to two-story single-family residence at 611 Seabright Lane, Solana Beach.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-112

2. Project Plans

3. Wildgoose View Claim

4. VAC Notice of Recommendation

5. Boat Letter to City Council

6. Story Pole Certification
RESOLUTION 2023-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CONDITIONALLY

APPROVING A DEVELOPMENT REVIEW PERMIT AND

STRUCTURE DEVELOPMENT PERMIT TO CONSTRUCT A

SECOND-STORY ADDITION TO AN EXISITNG TWO-STORY,
SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWOCAR GARAGE AT 611 SEABRIGHT LANE, SOLANA BEACH.

APPLICANTS: JOHN AND LAURA BOAT
CASE NO.: DRP22-017/SDP22-015
WHEREAS, John and Laura Boat (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 20, 2023 based on an application for View Assessment by Nick Wildgoose (hereinafter referred to as “Claimant”) at 607 North Cedros Avenue; and WHEREAS, the Applicants submitted a revised project for consideration of the City Council and the Claimant maintained his application for View Assessment; 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 October 11, 2023, the City Council opened the Public Hearing and continued the hearing date-certain to the October 25, 2023 Regular Meeting of the City Council; and
WHEREAS, the story poles were re-installed and re-certified on Friday, October 13, 2023, to reflect the proposed revised project; and
WHEREAS, the Claimant was not available to facilitate site visits prior to October 25, 2023; therefore, at the Public Hearing on October 25, 2023, the City Council continued the Public Hearing date-certain to the November 8, 2023 Regular Meeting of the City Council; and
WHEREAS, at the Continued Public Hearing on November 8, 2023, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council determined the primary viewing area(s) at 607 North Cedros Avenue to be ____________; and
WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15301 of the State CEQA Guidelines; and Resolution 2023-112
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WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the hearing.

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

I. That the foregoing recitations are true and correct.

II. That the request for a DRP and SDP to construct a 119 square-foot second-floor addition with associated improvements to a two-story single-family residence at 611 Seabright Lane, is conditionally approved based upon the following Findings and subject to the following Conditions:

III. FINDINGS
A. In accordance with Section 17.68.040 (Development Review Permit) of the 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 Low Medium Density Residential in the General Plan and intended for single-family residential development with a maximum density of four 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: SBMC Section 17.20.010(C) specifies that the LMR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.

Minimum Yards/Setbacks:

Minimum yard dimensions (setbacks) for the LMR Zone are determined by the setback designator indicated on the City of Solana Beach official zoning map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The existing residence is legal nonconforming as the Resolution 2023-112
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northeast corner of the garage encroaches approximately 5.33 feet into the required front yard setback, and the northern exterior wall of the residence encroaches approximate 6 inches into the required side yard setback. The Applicants are proposing to maintain the existing footprint of the residence and garage in compliance with the Nonconforming regulations set forth in SBMC Chapter 17.16.

Maximum Floor Area Ratio:

The maximum allowable floor area calculation for 10,397 square-foot lot is as follows:

0.50 for first 6,000 ft2

The subtotal of the proposed gross floor area is 2,861 square feet.

The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage and unobstructed, 200 square feet of floor area is exempted for each required space (or the total square footage of the garage if it is less than 400 square feet). The existing 390 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 390 square-foot exemption from gross floor area calculation. With the exemption, the total gross floor area of the project is 2,861 square feet, which is 908 square feet below the maximum allowable for the property.

Maximum Building Height:

The maximum building height for the LMR Zone is 25 feet. The existing legal nonconforming roof deck railing exceeds the maximum allowable height by approximately 1.25 feet and would be maintained with the project in compliance with the Nonconforming regulations set forth in SBMC Chapter 17.16. A portion of the existing legal nonconforming roof also exceeds the maximum allowable building height by approximately 3.9 feet and would be removed and reconstructed with the project to comply with the maximum height allowance. The maximum height of the proposed addition would be 25.0 feet above the pre-existing and proposed grade or

97.10 feet above MSL. The proposed structures would exceed 16 feet in height from the pre-existing grade. Therefore, the project is subject to the requirements of SBMC Chapter 17.63 – View Assessment and the approval of an SDP. As a condition of approval, the Applicants would be Resolution 2023-112
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required to submit a height certification to certify that no portion of the structure will exceed 25.0 feet from the existing grade or 97.10 feet above MSL.

Required Off-Street Parking:

A single-family residence requires two off-street parking spaces, pursuant to SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM). A total of two off-street parking spaces are required by the project and two unobstructed 9-foot by 19-foot parking spaces are accommodated in the existing garage.

Fences, Walls and Retaining Walls:

Currently, the plans show existing fences to remain and in compliance with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicants decide to modify any of the fences and walls or construct additional fences and walls on the project site, a condition of project approval indicates that they would be required to comply with the Municipal Code.

Water Efficient Landscape:

The project is not subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. According to SBMC Section

17.56.040, the regulations apply to modified landscape areas that exceed 500 square feet. The proposed project does not include any modification to landscape areas. As a condition of approval, should the Applicants decide to modify more than 500 square feet of aggregate landscape area, they would be required to prepare a conceptual landscape plan for review by the City’s third-party landscape architect and approval by City Council under a Modification to the DRP. In addition, A condition has been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

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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 complementary to existing development in the immediate vicinity of the project site and the surrounding neighborhood. The development as
proposed shall also be compatible in scale, apparent bulk, and massing with such existing development in the surrounding neighborhood. Site planning on or near the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects.

The property is located within the LMR Zone as are the
properties located in the immediate surrounding neighborhood on Seabright Lane and North Rios Avenue. Properties
immediately to the west on North Cedros Avenue are located in the Medium Residential (MR) and Medium-High Residential (MHR) Zones. Properties on Seabright Lane, North Rios
Avenue, and the east side of North Cedros Avenue are
developed with a mix of one- and two-story single-family residences. Properties on the west side of North Cedros Avenue consist of an attached condominium “row home” development. b. Building and Structure Placement: Buildings and structures shall be sited and designed to minimize adverse impacts on the surrounding properties and designed in a manner which visually and functionally enhance their intended use and complement existing site topography. Multi-family residential buildings shall be sited to avoid crowding and to allow for a functional use of the space between buildings.

The proposed project includes a 14 square-foot living area addition and a 44 square-foot partially covered deck located on the west side of the existing second story and a 105 square-foot living area addition on the east side of the existing second story. 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. To the maximum extent practicable, landscaping and plantings shall be used to screen parking areas, storage areas, access roads, and other service uses of the site. Trees and other large plantings shall not obstruct significant views when installed or at maturity.

Drought tolerant plant materials and water conserving irrigation systems shall be incorporated into all landscaping plans.

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The proposed project does not include any modification to existing landscape areas or proposal of new landscape areas.

As a condition of approval, should the Applicants decide to modify more than 500 square feet of aggregate landscape area, they would be required to prepare a conceptual landscape plan for review by the City’s third-party landscape architect and approval by City Council under a Modification to the DRP. In addition, a condition has been added to require that native or drought-tolerant and non-invasive plant materials and waterconserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.
d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.

The two required off-street parking spaces would be located within the existing legal nonconforming garage, which is accessed by the existing driveway on the east side of the property from Seabright Lane. Pedestrian access to the property would be maintained from the existing driveway as well as access around both sides of the residence to the rear yard. e. Grading: To the extent feasible, natural topography and scenic features of the site shall be retained and incorporated into the proposed development. Any grading or earth-moving operations in connection with the proposed development shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site. Existing exposed or disturbed slopes shall be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.

The Applicants are proposing approximately 10 cubic yards of excavation for footings to construct the second-story addition. All excavated soil would be exported offsite. There will be no visible change to the existing grade with the project.
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 Resolution 2023-112
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or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).

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 fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.

The project consists of the construction of an addition to a singlefamily 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 approval, the Applicants will be required to pay the City’s Park Impact 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 are being processed concurrently with the Development Review Permit, including the Structure Development 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 Applicants obtaining the required permit or approval from the other agency.

The Applicants shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.

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

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.

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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 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.

V. 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 and Public Use Facilities Impact Fees, as established by SBMC Chapter 15.60, Chapter 15.65, Chapter 15.66, and Resolution 2018- 147.

II. The Building Permit plans must be in substantial conformance with the architectural plans presented to the City Council on October 25, 2023, and located in the project file with a submittal date of September 28, 2023.

III. Prior to requesting a framing inspection, the Applicants shall be required to submit a height certification, signed by a licensed land Resolution 2023-112
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surveyor, certifying that the building envelope is in conformance with City Council approval on October 25, 2023, and that the maximum height of the proposed addition will not exceed 25.0 feet above the preexisting and proposed grade or 97.10 feet above MSL, which is the maximum proposed structure height reflected on the project plans.

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 a grading or building permit.

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

VII. Should the Applicants propose to modify more than 500 square feet of landscape area, the project shall comply with the Water Efficient Landscape Ordinance (SBMC Chapter 17.56) and a Modification to the DRP will be required.

VIII. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).

All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.

IX. Construction vehicles shall be parked on the subject property at all times when 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 Seabright Lane and minimize impact to the surrounding neighbors.

X. The Applicants shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.

IV. Pursuant to SBMC 17.68.040 subsection K, the signed final development plan shall be the official site layout for the property and shall be attached to any application for a building permit for the subject property. Any subsequent revisions or changes to the final development plan as approved by the Council will require an amendment to the approved DRP.

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B. Engineering Department Conditions:

I. The Applicants shall obtain an Encroachment permit in accordance with Chapter 11.20 of the SBMC, prior to the demolition and construction of any improvements within the public right-of way, including the following as shown on the Preliminary Grading Plan to the satisfaction of the City Engineer. For concrete work within the right-of-way, the contractor must have a valid State of California “A” or “C-8” contractor’s license. a) Construction of a low profile mountable 9-inch by 9-inch by 12-inch concrete curb along the entire frontage of the property of Seabright Lane at the flow line of the street.
b) Installation of 10-foot wide stabilized, compacted, Decomposed Granite (DG) at 2 percent slope maximum from the property line down toward the curb.
c) Removal and construction of SDRSD modified G-14 driveway approach.

II. An Encroachment Maintenance Removal Agreement (EMRA) will be recorded against this property for any non-standard improvements in the public-right-of-way.

III. 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.

IV. 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.

C. Fire Department Conditions:

I. 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 per the 2019 California Fire Code Chapter 5 Section 503.4 and 503.2.1.

II. 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 Resolution 2023-112
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for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers per the 2019 California Fire Code Chapter 5 Section 505.1.

III. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWO-FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed. Plans for the automatic fire sprinkler system shall be submitted as Deferred Submittal and approved by the Solana Beach Fire Department prior to installation per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.230 Section 903.2.01. a. Sprinklers will be required if the Fire Marshall determines that significant modifications are proposed to the second floor during the building permit plan check.

IV. Class “A” Roof: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Department and per the 2019 California Building Code Chapter 15 Section 1505.

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.

VI. EXPIRATION
The Development Review Permit for the project shall expire 24 months from the date of this Resolution, unless the Applicants have 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 Resolution 2023-112
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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 8th day of November, 2023, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk +

VICINITY MAP

PROJECT SITE
611 SEABRIGHT LANE-----

NO SCALE

SOLANA BEACH

SHEET IN DEX
A1 SITE Pl.AN
A1.1 ARE.A CALCULATIONS

EX EXISTING FIRST FLOOR Pl.AN
EX.1 EXISTING SECOND FLOOR PLAN
EX.2 EXISTING ROOF Pl.AN
A2. FIRST FLOOR PLAN
A2.1 SECOND FLOOR PL.AN
A3 ROOF Pl.AN
A4 EXTERIOR ELEVATIONS
A4.1 EXTERIOR ELEVATIONS

AS SECTIONS
S1 SECOND FLOOR FRAMING PLAN
PARKING REQUIREMENlS

PARKING
SPACES

SINGLE FAMILY

RESIDENCE

REQUIRED
2 ENCLOSED PARKING
\
\
\ ·- \ \, \ -·· '\ i I
-· t \ ' \ \ \ ' \ i l
l
---·\ . \
' ' \

SCOPE OF WOR K

REMODEL AND ADDITION TO AN EXISTING SINGUE FAMILY
RESIDENCE. PROJECT TO INCORPORATE AN ENLARGED

MASTER SUITE AT THE SECOND LEVEL

GRAD I NG
W C.Y. - SITE GRADING:

X C,Y. - EXCAVATION FOR THE
FOOTINGS OF NEW CONSTRUCTION:

Y C.Y. - REMOVAL FOR RE-COMPACTION
FOR CONSTRUCTION:

Z C.Y. - TOTAL GRADING (W+X+Z):

OCY +/-
lO CY +/-
0 CY
10 CY +/-
EXISTING 3' EASEMENT FOR PIPE LINE PURPOSES
RECORDED OCTOBER 14, 1957 IN BOOK 6790, PAGE 457
L SITE

TA B L E - LEGAL-NONCONFORMING

EXISTING ROOF CALCULATIONS
TOTAL ROOF (SQ. FT.) OF EXISTING HOUSE: 2,582 SQ. FT.

TOTAL ROOF (SQ, FT.) TO BE REMOVED: 417 SQ. FT.
~ TOTAL ROOF (SQ. FT.) TO REMAIN: 2,165 SQ. FT.
0 "'
j
~
"' 0
ii:

I!!
~
2,165 / 2,582 • 79.63% OF EXISTING ROOF TO REMAIN

EXISTING EXTERIOR WALLS CALCULATIONS
TOTAL WALL PERIMETER OF EXISTING HOUSE: 341 '-r
TOTAL WALL LENGTH TO BE REMOVED: 63'-6"
TOTAL WALL LENGTH TO REMAJN: 278'-1 "
278',1'/ 341 ',7" = 81 .41 % OF EXISTING WALLS TO REMAIN

EXISTING FLOOR STRUCTURE CALCULATIONS
TOTAL FLOOR STRUCTURE (SQ, FT,) OF (E) HOUSE: 564 SQ, FT, TOTAL FLOOR STRUCTURE (SQ. FT.) TO REMAIN: 564 SQ. FT.
100% OF THE EXISTING FLOOR STRUCTURE TO REMAIN

EXISTING FOUNDATION CALCULATIONS
(EXISTING FOUNDATION INCLUDES SL.AB + FOOTINGS)
TOTAL FOUNDATION (SQ. FT.) OF (E) HOUSE: 2,572 SQ. FT.

TOTAL FOUNDATION (SQ. FT.) TO REMAIN : 2,572 SQ. FT.
100% OF THE EXISTING FOUNDATION TO REMAIN
71 .6 J
1/"'
SCALE: 1/8" = 1 '-0"

OF PROPERTY AREA
EXISTING S.F, PROPOSED TOTAL S.F.

NON-LANDSCAPE AREA 5,420 S.F. 5,420 S.F.

NON-IRRIGATED LANDSCAPE 0 S.F. 0S.F.

IRRIGATED LANDSCAPE 4,432 S.F. 4,432 S.F.

WATER FE.A TURES 545 S,F, 545 S.F.

DECORATIVE HARDSCAPE 0 S.F. 0 S.F.

TOTAL LDT AREA 10,397 S.F. 10,397 S.F.

ARE.A OF WORK (S.F.)
IRRIGATED LANDSCAPE 0 S.F.

WATER FEATURES 0S.F.

DECORATIVE HARDSCAPE 0S.F.

AGGAEG. LANDSCAPE AREA 0 S.F.
0 2 8 16
■■..J•---.Jlft--•
1 4-lAREA CALCULATIONS

LMNGAREA
EXISTING 1 ST FLOOR LIVING AREA:

EXISTING 2ND FLOOR LIVING AREA:

PROPOSED 2ND FLOOR LIVING AREA ADDITION:

EXISTING GARAGE ARE.A:

SUBTOTAL

GARAGE EXEMPTION
lUrAL PADPmEJ R.OIIR AREA
EXISTING ROOF DECK:

NEW DECK AT SECOND FLOOR:

TOTAL DECK AREA
FLOOR AREA RAOO (F.A.R.)
2,182 S.F.
560 S.F.
119 S.F.
390 S.F.
3,251 S,F.
- 390 S.F.
2,861 S.F.
169 S.F.
44 S.F.
213 S.F.

PROJECT DATA
OWNER
JOHN AND I.AURA BOAT
TEL: (510) 459-6446

SITE ADDRESS
611 SEABRIGHT LANE SOI.ANA BEACH, CALIFORNIA 92075
A-P.N.
263-062-05--00
LEGAL DESCRIPTION:

THAT PORTION OF LOT 22 OF SEABRIGHT ACRES IN THE
CITY OF SOI.ANA BEACH COUNTY OF SAN DIEGO STATE
OF CALIFORNIA ACCORDING TO MAP THEREOF NO, 2373

FIUED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY DECEMBER 10, 1946.

ZONE:

OVERLAY:

FLOOR AREA CALCULATION TABLE FOR RESIDENTIAL PROPERTIES SUBJECT TO SBMC SECTION 17.48.040-SCALED RESIDENTIAL
OVERLAY ZONE LOT SIZE:

LMRc (LOW MEDIUM RESIDENTIAL)

SROZ (SCAUED RESIDENTIAL
OVERI.A Y ZONE)
GROSS & NET ARE THE SAME: 10,397 S.F. ( 0.238 AC)
ALLOWED FAR. :

0.50 ( FOR THE FIRST 6,000 S.F.) =6.000 x .5 = 3,000 S.F.

0.175 ( FOR THE NEXT GK · 15K S.F.) =4,397 x . 175 = 769 S.F.

TOTAL ALLOWED FAR. =
PROPOSED FAR =
NET AREA INCREASE PROPOSED ARE.A
EXISTING ARE.A

TOTAL AREA INCREASE
\
\
\
\ 0 \
.S -
- ---------SITE PLAN KEYNOTES
0 ~ LINE OF EXISTING BUILDING FOOTPRINT NO CHANGE
~ TO EXISTING BUILDING FOO"r:PRINT
~ LEGAL-NONCONFORMING PORTION OF THE EXISTING
~ GARAGE TO REMAIN

LEGAL-NONCONFORMING PORTION OF THE EXISTING

HOUSE TO REMAIN

EDGE OF EXISTING PAVEMENT

EXISTING CONCRETE DRIVE WAY TO REMAJN

NOT USED

LINE OF SECOND LEVEL MASTER BEDROOM

ADDITION ABOVE

LINE OF EXISTING SECOND FLOOR

LINE OF NEW DECK AT MASTER BEDROOM

EXISTING BRICK POOL SURROUND TO REMAIN
EXISTING WOOD DECK PATIO AND WAL',</NAYS

TO REMAJN
EXISTING 6'-0" HIGH MAX. WOOD FENCE & GATE TO
REMAJN
HEIGHT DATA:

MAXIMUM HEIGHT EXISTING STRUCTURE: 26'-3"
MAXIMUM HEIGHT PROPOSED STRUCTURE: 24'-11 " 3,769 S.F.
2,861 S.F.

MAXIMUM HEIGHT IN LRd ZONE: 25'-0"
2,861 S.F.
2,742 S.F.
119 S.F.
\
0 ~
~
\

NOT USED

EXISTING POOL & SPA EQUIPMENT

EXISTING GAS METER TO REMAIN

EXISTING WATER METER TO REMAIN
5'-0" TALL FENCE ENCLOSURE FOR POOL FENCE. THE FIRST 5 FEET OF

FENCE AND GATE ATTACHED TO THE BUILDING SHALL BE
CONSTRUCTED OF NON-COMBUSTIBLE MATERIAL· METAL. WHEN

FENCE IS LOCATED ON TOP OF RETAINING WALL THE HEIGHT OF THE WALL ANO FENCE SHALL NOT EXCEED s·-o· - FENCE TO BE 50% OPEN ABOVE 6'
5'-0" TALL LOCKABLE GATE - CONSTRUCTED OF
NON-COMBUSTIBLE MATERIAL· METAL

EXISTING SITE DRAINAGE TO REMAIN

EXISTING TRASH & RECYCLING BINS LOCATION TO REMAIN
CQP'l"RIGHT 202l AS UlSTRUMENTS OF
!t/TEU.ECTUAL SERVICE, AI..L DESIGN S.

COICEPTS 6 COt.iFIGURATIONS
REPRESENTED BY Tl-ESE OffAW NGS ARE
THE PROA::RTYOFCOHN • ASSOCIATES
N«) ARE NOT TO BE USED WITHOUT
MUTTEN ' PERMISSIOO COHN • ASSOCIATES
SHALL BE TlE ARCHfTECT OF RECORD FOR
PROJECTS UTILIZING AU. OR PART OfHEJR

DESIGNS
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SU9WITTAL DATE
8/1/22
9/19/22
2/1/23
3/10/23
8116123
9/1 2/23
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DRP/SDP IV

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9112/23
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BS SITE
A1
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LEGEND
EXISTING LIVING ARE.A TO REMAIN

EXISTING GARAGE TO REMAIN
PROPOSS:D LIVING AREA ADDITION
ALI. DIMENSIONS ARE MEASURED FROM THE EXTERIOR

WALL SURFACES

AREA CALCULATIONS
EXJSmJG 1 ST FLOOR UV/NG AS'!EA
EXISTING 2ND FLOOR LIVING AREA:

PROPOSED 2ND FLOOR UVING AREA
·ex,si'ING GARAG!: AREA: -

SUBTOTAL

GARAGE EXEMPTION
TIJl'AL PAOPDIJB) FLOOR MfEA
ALLQWBI f.A.B, ; 0.50 ( FOR THE FIRST 6,000 S.F.) =6,000 x .5 = 3,000 S,F, 0,175 (FOR THE NEXT 6K-15KS.F.) "4,397x .175 = 769 S.F. ffl'l'AL AU.QWED F.A.A. •
2,182 S.F.
560 S.F.
119 S.F.
390 S.F.

3.251 S.F
• 390 S.F.
2,861.S.F
3,769 S.F
TABLE
- LEGAL-NONCONFORMING ~

I EXISTING ROOF CALCULATIONS
I TOTAL ROOF (SQ. FT.) OF EXISTING HOUSE: 2,582 SO. FT. u. TOTAL ROOF (SQ. FT.)TO BE REMOVED·417 SQ. FT.
0 I TOTAL ROOF (SQ. FT.J TO REMAIN. 2,165 SQ. FT. 0
O'.

I 2, 16512,582 = 83.85% OF EXlSTING ROOF TO REMAIN
I ..

I EXISTING EXTE~i~R W.'l.LLS CALCULATIONS
.J "'
~ TOTAL WALL PERIMETER OF EXISTING 1ST FLOOR: 230'~3" I TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR· 111'-4" ~ TOTAL WALL PERIMETER OF EXISTING HOUSE: 341'-7"
ii' I TOTAL WALLLENGTH TO BE REMOVED@ 1 ST FLOOR:
~ 0'-0"
w I TOTAL WALL LENGTH TO BE REMOVED ill: 2ND FLOOR: 63'-6" TOTAL WALLLENGTHTOREMAIN· 278'-1"
I 278'~1" I 341'~7" = 81.41% OF EXISTING WALLS TO REMAIN I
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i2
0 TOTAL FLOOR STRUCTURE (SQ, FT.) OF (E) HOUSE: 564 SQ. FT. I ::, TOTAL FLOOR STRUCTURE ($0. FT.) TO REMAIN: 564 SO. FT. ~
"' I 0 100% OF THE EXISTING FLOOR STRUCTURE TO REMAIN
_,
0 I u.

I
I

I EXISTING FOUNDATION CALCULATIONS
(EXISTING FOUNDATION INCLUDES SLAB+ FOOTINGS)
z
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f2 I 100 % OF THE (E) FOUNDATION TO REMAIN
FIRST

AREA DIAGRAM
45'-7"
FLOOR
PROPOSED l/VJN

AREA ADDITION
65'4"
65'-4"
PLAN
33'-8"
(E)ROOF

TO REMAIN

SECOND FLOOR PLAN AREA DIAGRAM
SCALE: 1/8" = 1'-0"
\
\
\
SCALE: 118" = 1'-0"
COPYRIGHT 2023 AS lNS1lt..1MENf$ oF
lt/TElLECTUALS'ERVIC£, At.L .OESIGI.S
COt-J:::C:C>TSI\C :NFIGU",;,,TIQt!~
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211123 DRP/SDP 111
3110123 ___Qfil'ISDP IV
8116/23 DRP/SDP V --------- ___ , __ ,,_,,, -
91121~_ DRPISDP VI
DATE MODIFIED:
9112123 DM.'1111 IY:

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BS PLAN
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--1.

WALL LEGEND

EXISTING WALL TO REMAIN
-- - EXISTING WALL TO BE REMOVED -----~--
~.zsz-- PORTION OF EXISTING GARAGE LEGAL-NONCONFORMING
~'- ) ENCROACHMENT INTO THE 25'-0" FRONT YARD SETBACK
Mm PORTION OF EXISTING HOUSc LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 10'-0' SIDE YARD SETBACK
7:·-··7 - EXISTING ROOF DECK LEGAL-NONCONFORMING ///u/ //, -/ / -~/L. ENCROACHMENT INTO TrlE 25'~0" MAX. HEIGHT LIMIT TABLE - LEGAL-NONCONFORMING z
< EXISTING ROOF CALCULATIONS ::a
w
TOTAL ROOF (SQ, FT.} OF EXISTING HOUSE· 2,582 SQ, FT, O'. 0 + IL TOTAL ROOF (SQ. FT.) TO BE REMOVED: 417 SQ. FT.
0 TOTAL ROO~ {SQ. FT.}TO REMA!N:2,165SO FT. 0
"'
i- w O'. u 0 z
~ w
0 w 2,165 ! 2,582 = 83.85¾ OF EXISTING ROOF TO REMAIN

EXISTING EXTERIOR WALLS CALCULATIONS
>- w
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"' TOTAL WALL PERIMETER OF EXISTING 1 ST FLOOR: 230'-3' j TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR: 111'-4" 0: TOTAL WALL PERIMETER OF EXISTING HOUSE: 341'-r
I
0 ii'. TOTAL WALL LENGTH TO BE REMOVED@ 1 ST FLOOR: 0'-0~ I:! TOTAL WALL LENGTH TO BE REMOVED @2ND FLOOR: 63'-6~ X w
TOTAL WALL LENGTH TO REMAIN 278'-1H
278'-1" i 34t'-T' = 81.41% OF EXISTING WALLS TO REMAIN
! w
0: EXISTING FLOOR STRUCTURE CALCULATIONS
~ u TOIAL FLOOR STRUCTURE (SQ. Fl.) OF (E) HOUSE: 564 SO FT. ::, TOTAL FLOOR STRUCTURE (SQ. FT.) OF REMAIN: 564 SQ. FT. 0:
iV)
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0 100% OF THE EXlSTING FLOOR STRUCTURE T:O REMAIN
I ~ I
i
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I
EXISTING FOUNDATION CAlCUL4TIONS
I (EXISTING FOUNDATION !NCLUGES SLAB+ FOOTINGS)
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C TC--:-ALFO'JNOATION (SO. FT) OF \E) HO'JSE: ::.572 SQ. FT I ~ I TOTAL FOUNDATION (SQ. FT.) TO REMAIN, 2,572 SQ. FT 0 I z I ::,
0 I IL 1000/4 OF THE EXISTING FOUNDATION TO REMAIN
I
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.. --- 53•_,. _ .. --.. --.. --______ ·--·---______ .. __ 7 EXISTING 1ST FLOOR TO REMAIN -------------------------- MAIN RESIDENCE
EX. BEDROOM I
I EX. KITCHEN j
F--
I
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EX. LIVING
EX. BEDROOM 2
SX.DINlNG
EX. ENTRY
65'-4"
EXISTING 1 ST FLOOR TO REMAIN
fAAJN RESIDENCE

EXISTING/ DEMO FIRST
_,_
~I-\
EX, PRIMARY BEDROOM SUITE \
\
\
\~SETBACK LINE
\
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EX. BONUS
!_\
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I ---------
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FLOOR PLAN SCALE: 1/4" = 1'-0" 0 1 8
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"""""" 8/1/22 DRPISDPl
9119122 DRP/SDPII
2/1/23 DRP/SDPIII
3110123 DR"ISD? IV
8/16/2? _J)R_f:!?Di:.Y
9112123 DRP/SDPVI
--------~------
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DIAWWIY: - .Q__C
2113
3S_P:..AN
EX
l +

WALL LEGEND
EXISTING WALL TO RE.MAIN
-----
-- -- - EXISTING Wf,.J_L TO BE REMOVED -- --
~---~

PORTION OF EXISTING GARAGE LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 25' -0" FRONT YARD SETBACK
0$_h PORTION OF EXISTING HOUSE LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 1 D'-0" SIDE YARD SETBACK
7' .·'//' EXISTING RODf'.= DECK LEGAL-NONCONPORt,11NG
// /_// ENCROACHMENT INTO THE 25'-0" MAX. HE!GHT LIMIT / L, . L l

TABLE - LEGAL-NONCONFORMING
I EXISTING ROOF CALCULATlONS
TOTAL ROOF (SQ. FT.) OF EXISTING HOUSE: 2,582 SQ. FT.
+ u. TOTAL ROOF (SO, FT.) TO BE REMOVED: 417 SQ. FT.
0 TOTAL ROOF (SQ. FT.) TO REMAIN: 2,165 SQ. FT. 0
!!'. EX. ROOF BELOW
2,16512.582 = 83.85% OF EXISTING ROOF TO REMAIN

EXISTING EXTERIOR WALLS CALCULATIONS
j TOTALWALLPERIMETEROF EXISTING 1STFLOOR; 230'-3"
~ TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR: 111·-4-
0:: TOTAL WALL PERIMETER OF EXISTING HOUSE 341'-7" ;;., 0 ii' TOTAL WALL LENGTH TO BE REMOVED@ 1STFLOOR: 0'-0"
I!! TOTAL WALL LENGTH TO BE REMOVED @2ND FLOOR: 63'-6" X w
TOTAL WALL LENGTH TO REMAIN: 278'-1~
278'-1H/ 341'-T'= 81.41%0F EXISTING WALLS TO REMAIN
w
oc EXISTING FLOOR STRUCTURE CALCULATIONS
~ u i TOTAL FLOOR STRUCTURE (SQ. FT.) OF (E) HOUSE: 564 SQ. FT. :, I
TOTAL FLOOR STRUCTURE (SQ. FT.) OF REMAIN: 564 SQ. FT. 0:
,-
.,
0::
0 100% OF THE EXISTING FLOOR STRUCTURE TO REMAIN
3 u.

EXISTING FOUNDATION CALCULATIONS
(EXISTING FOUNDATION INCLUDES SLAB~ POOTINGS} ' z I 0 TOTAL FOUNDATION (SO FT.) OF (E) HOUSE: 2,572 SO FT. ~ Cl I TOTAL FOUNDATION (SQ, FT.) TO REMAIN: 2,572 SQ. FT. z
:,
I 2 100% OF Tl-iE EXISTING FOUNDATION TO REMAIN

EXISTING/ DEMO
_J__
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SECOND
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32'-3"
FLOOR
11'-10" \
7'-0" \
EX. ROD BELOW
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PLAN SCALE: 1W = 1'-0"
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8/1122 DRP/SDP
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9119/22 DRP/SDP !I
211/23 DRP/SDPIII
3110123 DRPISDPIV
8116/23 DRPISDPV
9112123 DRPISDP VI
DATt IIOOlnrD:: 9112123
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EX.1

WALL LEGEND

EXJSTING WALL TO REMAIN
-------- EXISTING WALL TO BE REMOVED
~/\ PORTION OF EXISTING GARAGE LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 25'-0" FRONT YARD SETBACK
w~ PORTION OF EXISTING HOUSE LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 10'-0" SIDE YARD SETBACK
/ ~ /// , EXISTING ROOF DECK LEGAL-NONCONFORMING / ,,:~L'.'./,:; ENCROACHMENT INTO THE 25'-0" MAX. HEIGHT LIMIT

TABLE - LEGAL-NONCONFORMING
EXISTl!~G ROOF CALCULATIONS
TOTAL ROOF (SO. FT.} OF EXISTING HOUSE: 2.sa2 SQ, FT.

TOTAL ROOF(SQ. FT.) TOBE REMOVED:417 SQ. n.
~ TOTAL ROOF {SQ. FT,) TO REMAIN; 2,165 SQ. FT.
0 U'.
2:165 /2,582 = 83.85%, OF EXISTING ROOF TO REMAIN
>-- -- ------ - EXISTING EXTERIOR WALLS CALCULATIONS
U) TOTAL WALL PERIMETER OF EXISTING 1 ST FLOOR; 230'-3" ::i TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR; 111•.,r ~ 0
TOTAL WALL PERIMETER OF EXISTlfiGHO~--- 341'-7' 0:
0 Q'.Q" ii' TOTAL WALL LENGTH TO BE REMOVED@ 1ST FLOOR.

I!! TOT AL WALL LENGTH TO BE REMOVED @ 2ND FLOOR: G3'~fl i','; I TOTAL WALL LENGTH TO REt,.WN 278'-1"
I 778'-1" 1 341'-r = 81.41%OF EXISTING 'NALLS TO RE.MAIN rt UJ • [l'. EXiSTING FLOOR STRUCTURE CALCUU.1"10NS
~ TOTAL FLOOR STRUCTURE (SQ. FT.) OF (El HOUSE: 564 SQ, FT. ii! TOTAL FLOOR STRUCTURE (SQ. FT.) OF REMAIN 564 SO FT t;
0:
0 100% OF THE EXISTING FLOOR STRUcTµRE TO REMAIN
3 "-

EXISTING FOUNDATION CALCULATIONS
I I (EXISTING FOUNDATION INCLUDES SLAB+ FOOTINGS)
z
i 0 TOTAL FOUND;,TION (SQ. FT) OF (E) HOUSE: 2.572 SQ. FT. ~ I TOTAL FOUNDATION (SQ. FT.) TO REMAIN: 2.572 SQ FT.

I § I 100% OF THE EXISTING FOUNOA TION TO REMAIN "-
i I
+

SETBACK LINE
_ .... !'z::7,:Z,:Z:-/.L:::/:..,:: ==/= =7=,....ZZ-"7:£..,J'::c:LL;;;_,= == =/..L.,=·=:=·...27 =,=?= =>=7 -=--==-==-~"--=c-";\ EX. ROOF BELOW
L._.

EXISTING/ DEMO ROOF
\
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~
EXISTINGROl rOVER THE LOFT BATHROOMTO BE REMOVfjD
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SCALE: 1/4"" 1'-0" 0 1
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SUWITTAL OATt PUVOSt:
811/22 DRPISDP I
9/19/22 -·--. DRP/SDP II
2/1/23 DRP/SDP Ill
3/10123 DRP/SDP IV
8116/23 DRPISDPV
9/12/23 DRPISDPVI
OATE WOOlflEO: 9112123
DRAW U:

GC
J09 N\IWBa:
2113
-- BS PLAN
EX.2

WALL LEGEND

EXISTING WALL TO REMAIN

NEW WOOD STUD WALL
XX> PORTION OF EXJSTING GARAGE LEGAL-NONCONFORMING
ENCROACHMENT INTO THE 2s·-o~ FRONT YARD SETBACK
~ PORTION OF EXISTING HOUSE LEGAL-NONCONFORMING
ENCROACHr.1ENT INTO THE 10'-0" SIDE YARO SET SACK
~~,:;?~!~ EXISTING ROOF DECK LEGAL-NONCONFORMING
ENCROACHl,lENT INTO THE 25'.Q" MAX. HEIGHT LIMIT
TABLE - L.EGAL-NONCONFOAMING
+
I EXISTING ROOF CA!...CULt..TIONS
TOTAL ROOF (SQ. FT.) OF EXISTING HOUSE: 2,582 SQ. FT
le TOTAL ROOF (SQ. FT,)TO SE REMOVE:D; 417 SQ, FT.
8 TOTAL ROOF (SQ, FT.) TO REMAIN: 2,165 SQ. FT.
o:

2.16512,582 = 83.85% OF EXISTING ROOF TO REMAIN
~--
EXISTING exre:~lOR WALLS CALCULATIONS
'3 TOTAL WALL PERIMETER OF EXISTING 1ST FLOOR: 230'-3"
~ TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR: 111'-4"
Cl'. TOTAL WALL PERIMETER OF EXISTING HOUSE: 341'-7'"
a
ffi TOTAL WALL LENGTH TO BE REMOVED@ 1ST FLOOR: 0'-0"
I- TOTAL WALL LENGTH TO BE REMOVED@ 2ND FLOOR: 63'-6" >< UJ TOTAL WALL LENGTH TO REMAIN: 278'-1"
278'-1"1341"-7":::: 81.41% OF EXISTING WALLS TO REMAIN
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O' EXISTING FLOOR STRUCTURE CAlCULfl.TIONS :::,
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(EXISTING FOUNDATION INCLUDES SLAB• FOOTINGSJ
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9112123 DRPISDP VI
DATE MOOlf'ED: 9112/23
DU.WN IT: GCIMCS
JOI NUMBER: 2113
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WALL LEGEND
EXISTING WALL TO REMAn~

NEWWOOO STUD WALL
;~x> PORTION OF EXISTING GARAGE LEGAL-~~ONCONFORMING
Et-lCROACHMENT INTO THE 25'-0" FRONT YARD SETBACK
?~///~.-1/'.·~· PORTION OF EXISTING HOUSE LEGAL-J'..;ONCONF0Rt.11NG 1/ /'' .• • ~ ENCROACHMENT INTO THE i0'-0' SIDE YARD SETBACK r,·-77-r EXISTING ROOF DECK LEGAL-NOtJCONFORMll JG //////' ENCROACHMENT INTO THE 25'-0" MAX. HEIGHT LIM IT / L_ _ _.., / .c.

TABLE - LEGAL-NONCONFORMING

EXISTING ROOF CALCULATIONS
TOTAL ROOF (SQ. FT.) OF EXISTING HOUSE: 2,582 SQ. FT
"- TOTAL ROOF (SO. FT.) TO BE REMOVED: <17 SQ FT.
0 TOTAL ROOF (SQ. FT.) TO REMAIN: 2,165 SQ FT. 0
0::
2,165/ 2.582 = 83.85% OF EXISTING ROOF TO REMA1N
EXISTING EXTERIOR WALLS CALCU!..ATIONS
u, TOTAL WALL PERIMETER OF EXISTING 1ST FLOOR 230'-3" 1 TOT AL WALL PERIMETER Of EXISTING 2ND FLOOR: 111'-4K 0: TOTAL WALL PERIMETER OF EXISTING HOUSE: 341"-7~
0 ii:' TOTAL WALL LENGTH TO SE REMOVED@ 1ST FLOOR: 0'-0" w I- TOTAL WALL LENGTH TO BE REMOVED ~ 2ND FLOOR 63'-6'' X w
TOTAL WALL LEtmTH 70 REr.lAtN 278'•1M
278'-1 .. I 341'-7",,. 81.41% OF EXISTING WALLS TO RE~-MIN w EXISTING FLOOR STRUCTURE CALCULATIONS 0::
::,
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0 1 GO% OF THE EXISTING FLOOR STRUCTURE TO REMAIN
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---- - ----
EXIST•lt~G FOUNDATION Cr\LCU:..A.TIDr,S
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REMODEL AREA
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2/1123 ORPISDP Ill
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8/16/23 DRP/SDPV
9/12/23 DRP/SDPVI
MTE filOOWltD: 9/12/23
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JOB HUwatR. 2113
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WALL LEGEND

EXISTING WALL TO REMAIN
·- NEW WOOD STUD WALL
)<,)<,y~ PORTION OF EXISTING GARAGE LEGAL-NONCONFORMING ENCROACt·H,1ENi INTO THE 25'-0~ FRONT YARD SETBACK
~~ PORTION OF EXISTING HOUSE LEGAL-NONCONFORMING
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,; //~) /, EXISTING ROOF DECK LEGAL-NONCONFORMING
ENCROACHMENT lNTO THE 25'-0" MA)C HEIGHT LIMIT , t.. / L.. /,,.

TABLE - LEGAL-NONCONFORMING
!
+ I EXISTING ROOF CALCULATIONS
TOTAL ROOF [SQ. FT.) OF EXISTING HOUSE 2,582 SQ. FT
"- TOTAL ROOF (SQ. FT.) TO BE REMOVED: 417 SQ. FT.
0 TOTAL ROOF {SQ. FT.)TO REMAJN: 2,165 SQ. FT. 0
0:
2,165 /2,582 = 83.85% OF EXISTING ROOF TO REMAIN

EXISTING EXTERIOR WALLS CALCULATIONS
5 TOTAL WALL PERIMETER OF EXISTING 1STFLOOR: 230'-3"
~ TOTAL WALL PERIMETER OF EXISTING 2ND FLOOR: 111'-4"
I 0: TOTAL WALL PERIMETER OF EX.STING HOUSE: 341'-T'
0 1i: TOTAL WALL LENGTH TO BE REMOVED@ 1 ST FLOOR: o·-o~ w >- TOTAL WALL LENGTH TO BE REMOVED@ 2ND FLOOR: 63-'-6" X w
TOTAL WALL LENGTH TO REMAIN: 278'-1"
278'-1"1341'-7" =81.41% OF EXISTING WALLS TO REMAIN
w
a: EXISTING FLOOR STRUCTURE CALCULATIONS ::,
>- u TOTAL FLOOR STRUCTURE (SQ. FT.) OF (E) HOUSE: 564 SQ. FT. ::, TOTAL FLOOR STRUCTURE (SQ. FT.) OF REMAIN: 554 SQ. FT. g' <f)
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MATERIAL & COLOR SCHEDULE/KEYNOTES
DESCRIPTION MANUF. COLOR
[iJ HORIZONTAL \VOOD SIDlNG NATURAL
fIJ EXT. CEMENT PLASTER GREY
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0 METAL FASClA GREY
[I] WINDOW/ DOOR FRAME DARK BRONZE
[a] CABLE RAIL GREY
0 GLASSRAL
[a] GLASS GARAGE DOOR
[I] NEW METAL ROOF GREY
•NOTE:

PROVIDE COLOR SAMPLES ON SITE FOR OWNER"S APPROVAL FOR ALL EXTERIOR MATERIALS.

COLOR COAT AN AREA A MIN. 4'X4' ·PAINT OR STAIN: WOOD SIDING&.

TRIM SAMPLES FOR APPROVAL PRIOR TO INSTALLATION
FINISH
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8/1122 DRP/SDPI
9119122 DRPISDPII
2/1123 DRPISDP 111
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8116/23 - _JJRl:§DP V
9/12/23 DRPISDP VI
!!ATt Mct!WltO: 9/'.2123
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MATERIAL & COLOR SCHEDULE/KEYNOTES
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DESCRIPTION MANUF. COLOR llil

OJ HORIZONTAL WOOD SIDING NATURAL
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COLOR COAT AN. AREA AMIN. 4'X4' - PAINT OR STAIN: WOOD SIDING &

TRIM SAMPLES FOR APPROVAL PRIOR TO INSTALLATION
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9/19/22 DRP/SDPII
2/1/23 DRP/SDP Ill
3/10/23 DRP/SDP!V
8/16/23 DRP/SDPV
9/12/23 DRPISDP VI
i)Aft MOOll'i£O: 9/12/23
DIAWN IY:

GCIMCS
JOB NtJUatR: 2113
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SUBMITTAL DATt PU!ll'OSt
8/1122 DRP/SDPI
9119122 DRPISDPII
2/1123 DRPISDP Ill
;;110123 DRPISD? IV
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9/12123 DRPISDPVI
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JOI HUliUU:lt 2113
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WALL LEGEND
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FLOOR FRAMING PLAN
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CITY OF SOLANA BEACH www.cityofsolanabeach.org
635 SOUTH HIGHWAY 101 • SOLANA BEACH, CA 92075 • (858) 720-2400 • Fax (858) 720-2455

CITY OF SOLANA BEACH
View Assessment Commission Notice of Recommendation
Tuesday. June, 2023 - 6:00 P .M. Regular Mtg.

PROJECT CASE NO:

PROJECT LOCATION:

DRP22-017/SDP22-015 Boat Residence
611 Seabright Lane, Solana Beach
APPLICANT NAME: John and Laura Boat
APPLICANT CONTACT: Gary Cohn, Cohn+ Associates Architecture PRESENT VAC MEMBERS: Matt Cohen, Robert Moldenhauer, Frank Stribling, Linda Najjar, Rich Villasenor and Pat Coad
STAFF MEMBERS: Joseph Lim, Community Development Director; Tim Campen, Assistant City Attorney; Katie Benson, Senior
Planner; John Delmer, Junior Planner
ABSENT: Robert Zajac
ASSESSMENT FILED BY:

Name: Nick Wildgoose
Address: 607 North Cedros Avenue
PROJECT DESCRIPTION:

The Applicants are requesting the approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to construct a second-story addition to a two-story single-family residence with an attached two-car garage. The following is a breakdown of the proposed floor area:

Existing First Floor Living Area
Existing Second Floor Living Area
Existing Garage
Proposed Second Floor Living Area Addition
Subtotal
JADU Conversion (1st Floor)
Required Parking Exemption
Total Floor Area Proposed
Maximum Allowable Floor Area (SROZ)
2,182 SF
564SF
390SF
878SF
4,014 SF
- 466 SF
- 390 SF
3,158 SF
3,769 SF

VAC NOR
June 20, 2023

Page 2 of 3 ends

The 10,397 square-foot lot is located within the Low-Medium Residential (LMR) Zone. The project includes grading in the amount of 10 CY of excavation for footings to be exported off site. The maximum building height of the proposed addition would be 25.0 feet above the existing and proposed grade (or97.10 feet above MSL). The project requires a DRP for an addition that would exceed 60% of the maximum allowable floor area for the property and a second floor that wouJd exceed 35% of the floor area of the existing first floor.

VAC RECOMMENDATION:

The project was heard at the regularly scheduled, June 20, 2023, VAC meeting. After the Commissioners presented their findings Chair Cohen motioned to recommend denial of the project, seconded by Commissioner Coad. Motion passed 5/1/1 (No: Stribling, Absent:

Zajac)
FINDINGS:
1 . The Applicant for the Structure Development Permit has made a reasonable attempt to resolve the view impairment issues with the Claimants requesting view assessment.

Written evidence of a good faith voluntary effort 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 view impairment issues.

Yes - The present VAC members found that written accounts and oral testimony at the public meeting showed that there had been a reasonable attempt by the Applicants to communicate.

2. The proposed structure does not significantly impair any view from public property (parks, major thoroughfares, bikeways, walkways, equestrian trails), which has been identified in the City's General Plan or City designated viewing areas.

Yes - The present VAC members found that the subject property is not located within designated public viewing areas; therefore, the proposed structure does not significantly impair views from public property.

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

Divided -Three out of the six participating VAC members found the proposed residence was not designed or situated to minimize impairment of views.

4. There is no significant cumulative view impairment caused by granting the application as proposed.

Yes - The present VAC members found that there would not be significant cumulative view impairment caused by granting the application if adjacent lots were allowed to construct a development of a similar size and height.

VAC NOR
June 20, 2023

Page 3 of 3 ends

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

Yes-The majority (5 of 6) of the presentVAC members found that the proposed development is compatible with the immediate neighborhood character. The development would be compatible with the existing neighboring structures in terms of design, bulk, scale, height, and size.

VACVote:

Chair Cohen motioned to recommend denial of the project, seconded by Commissioner Coad.

Motion passed 5/1/1 (No: Stribling, Absent: Zajac)
Issue Date of VAC Recommendation: June 20, 2023
Andr ws, Principal Planner hew Cohen, Chair
Liaison, View Assessment Committee iew Assessment Committee

APPLICATION FOR VIEW ASSESSMENT
(Structure Development Permit)
Project No.: OR\?2, L -O\tRECEIVED
APR 2 4 2023
Community Development Dept

CITY OF SOLANA BEACH

1. Addres • cture development permit has been requested:
:e_.

2. Provide the following information for the individual filing this Application for Assessment:

Name: tJ,s.,,"" ~ lLDG-Oos.€.. I
Address: t;,o-=t N C.61> R.05 AJt S/'p
Phone Number: f------'---------
Email:

3. Description of the viewing area as defined

17.63.020(1) aµ.d exten of impairment:_------""~"--'--""-"-------"---1------=----'----""--'"""'-----"'::..c:....::~'--1..:...:=:r---"~>LJ,/#--.3L....\ ob .

4. Identif the portion of the ro osed s rue • • • • . . . . . ~

5. Description of the Claimants attempt(s) to resolve this issue with the owner/representative of the property fqr 1which w Sti;qcture Development Permit has been requested: \ ~\t-<.... ~ ~ f)\JJ'-0.£ l'Nvf ~ I\)> 4
\
STAFF USE ONLY:

Application for Assessment fee paid?
6-2019
October 2, 2023
TO: City Council of Solana Beach
FROM: John and Laura Boat, 611 Seabright Lane, Solana Beach CA RE: DRP22-017/SDP22-015 Boat Residence – 611 Seabright Lane, Solana Beach HEARING DATE: October 11, 2023
Mayor Heebner and members of the Council:

We want to emphasize that we withdrew most of the project originally proposed. The 2nd story addition that was the subject of the view claim and VAC recommendation has been completely eliminated from the project. The remaining portion of the project has been shrunk so that it only involves a 119 sq ft addition over the existing garage and a 44 sq ft coffee deck. Nobody has ever mentioned or complained about these additions, not our neighbors, not the VAC, not the view claimant.

If you visit our house, the “peak roof” over the existing bathroom facing Seabright will be lowered/leveledoff to conform with the current height limit (correcting an existing legal non-conformance). The story poles on the sloped garage facing Seabright show the prior, larger, remodel idea that nobody complained about and was not the subject of the view complaint or VAC hearing. The current 119 sq ft extension is entirely within the existing story pole outline and WILL NOT extend past the existing bathroom wall.

Our original idea, that has been completely scrapped from this application, was: convert our downstairs master bedroom to a JADU to create a ground floor unit for an aging parent. Enlarge our existing top floor to create a replacement master bedroom and add 2 children’s bedrooms and laundry adjacent to the new master so that it would be a functional family house (parents in proximity to kids). The 2 existing small bedrooms downstairs would then become our offices (we work from home). Even though this project has been abandoned, we are told by staff that since the VAC took action and the view claimant has not withdrawn his claim, we still need to address the SDP:

A. STRUCTURE DEVELOPMENT PERMIT (SDP) / VIEW ASSESSMENT COMMISSION

1. The second story addition with new roof deck that was the subject of the view assessment claim by Nick Wildgoose of 607 N Cedros HAS BEEN WITHDRAWN, IS NOT BEING PURSUED AND IS NO LONGER PART OF THIS PROJECT.

2. The VAC recommendation of denial of our project was mostly due to the fact we were proposing a roof deck on the “new” northern 2nd floor addition and one member didn’t like the bulk of the new 2nd floor addition. THE NEW SECOND FLOOR ADDITION HAS BEEN WITHDRAWN, IS NOT BEING PURSUED AND IS NO LONGER PART OF THIS PROJECT.

3. We understand that Katie Benson provided the view claimant, Mr. Wildgoose, our revised plans and explained to Mr. Wildgoose that the “new” northern 2nd floor addition HAS BEEN WITHDRAWN, IS NO LONGER BEING PURSUED AND IS NOT A PART OF THIS PROJECT, but he has not withdrawn his view claim. Wildgoose advised us that he was filing his view claim to mete-out revenge against us because, in 2017/18, we objected to our ocean view being blocked by the initial plans of spec builder, Greg Agee, to build a new house at 607 North Cedros Avenue. Mr.

Wildgoose’s correspondence to us on April 4, 2023 regarding the project was as follows:

4:29C)
< • Nick Wildgoose Cedro... v
Hi John, I received your application for
building permits. I'm going to be submitting
an application to block it on every level.

Nick Wildgoose
607 n Cedros 3:48PM
3:57 PM
Hey Nick, do you have any specifics we can
address?
Karma is a fucking bitch bud. 3:59 PM
You caused so many problems for my
builder on my property. You should have
thought ahead
4:00PM .
4:QQ PM
4:05 PM Sorry you feel that way.

You are the reason I don't have an ocean
view and am unable to burn wood in my
fireplace outside. You can stick your story
poles up your ass. That's all they'll be good
for.

At least you have the decency not to deny it.
4:08 PM
4:18 PM ..
4:25 PM
4:26 PM
Really not feeling anything productive will
come from this exchange.

Oh I disagree. There's so many productive
things that are about to come.

Just not for you.
+
4:29 PM
It’s bizarre that Mr. Wildgoose somehow blames us for him not having an ocean view when he purchased the property already built, with no ocean view. As background, 607 N Cedros was purchased by spec builder Greg Agee in September, 2017. Mr. Agee filed a Project Application with the City of Solana Beach on October 16, 2017 and stated that he was the sole person with any financial interest in the property. When Mr. Agee finished the house, it was listed on the open market in October, 2020 and purchased by Mr. Wildgoose in November, 2020. As an aside, Mr.

Agee’s architect accompanied Mr. Wildgoose to the VAC hearing. In line with his express stated purpose of dishing out revenge against us, Mr. Wildgoose did not retract his view claim.

4. No portion of our current project, as revised, was the subject of the view claim or VAC meeting, so we are unsure what exactly we are supposed to talk about. Nobody – not the VAC, not Mr.

Wildgoose, not any of our other neighbors – have ever mentioned, discussed or objected to the small additions that we are currently seeking. Nevertheless, I guess we still have to go through the “required findings”:

SDP REQUIRED FINDINGS:

First, The Council must find “the primary viewing area(s)…” As stated, there is nothing to find since we withdrew the objected portion of the project entirely. So, the viewing area is “none.” 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.”

WE COMPLETELY REMOVED THE ENTIRE PART OF OUR PROJECT THAT WAS THE SUBJECT OF THE VIEW CLAIM. THERE IS NOTHING LEFT TO RESOLVE. WHEN APPROCHED BY THE VIEW CLAIMANT ABOUT HIS OBJECTIONS TO OUR ORIGINAL PLANS, OUR RESPONSE WAS “DO YOU HAVE ANY SPECIFICS WE CAN ADDRESS?” NO SPECIFICS WERE EVER PRESENTED. WE HAVE NOT HAD ANY COMMUNICATION WITH MR. WILDGOOSE SUBSEQUESNT TO HIS TEXTS WITH THE IMPLIED THREATS. WE DO NOT KNOW MR. WILDGOOSE, BUT BASED ON

INFORMATION WE GATHERED, THE ONLY ACTION WE HAVE TAKEN IN THIS REGARD IS TO INSTALL ADDITIONAL SECURITY CAMERAS AROUND OUR PROPERTY.

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.”

WE COMPLETELY REMOVED THE ENTIRE PART OF OUR PROJECT THAT WAS THE SUBJECT OF THE VIEW CLAIM. THERE IS NOTHING LEFT. THERE IS NO IMPAIRMENT OF VIEW FROM PUBLIC PROPERTY.

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

WE COMPLETELY REMOVED THE ENTIRE PART OF OUR PROJECT THAT WAS THE SUBJECT OF THE VIEW CLAIM. THERE IS NOTHING LEFT. THERE ARE NO VIEWS BEING IMPAIRED.

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

WE COMPLETELY REMOVED THE ENTIRE PART OF OUR PROJECT THAT WAS THE SUBJECT OF THE VIEW CLAIM. THERE IS NOTHING LEFT. THERE ARE NO VIEWS BEING IMPAIRED V. The proposed structure is compatible with the immediate neighborhood character.

WE’RE TRYING TO IMPROVE OUR EXISTING HOUSE TO REMOVE THE FUNKY NONCONFORMING SLOPED ROOF OVER THE BATHROOM AND LESSEN THE IMPACT OF THE SEVERE SLOPING GARAGE ROOF SO THAT IT NOT SUCH AN EYESORE TO THE NEIGHBOROOD.

THE ADDITION IS MINOR.

B. DEVELOPMENT REVIEW PERMIT (DRP) / DEVELOPMENT REVIEW CRITERIA We understand that there are criteria that need to be met for the DRP, which are listed below.

1. “Relationship with Adjacent Land Uses. The development shall be designed in a manner compatible with and complementary to existing development in the immediate vicinity of the project site and the surrounding neighborhood. The development as proposed shall also be compatible in scale, apparent bulk, and massing with such existing development in the surrounding neighborhood. Site planning on or near the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects.”
WE ARE ADDING 119 SQUARE FEET TO THE FRONT OF THE HOUSE AND A SMALL 44 SQ FT COFFEE DECK IN THE BACK. IN THE PROCESS WE WILL BE REMOVING THE NON-CONFORMING HEIGHT OF THE PART OF THE STRUCUTRE THAT IS ABOVE THE EXISTING BATHROOM. THE SIZE AND BULK OF

OUR HOUSE WILL NOT CHANGE IN ANY SIGNIFICANT MANNER AND WILL BE SIMILAR OR SMALLER THAN MANY OTHER HOUSES ON OUR STREET.

2. Building and Structure Placement. Buildings and structures shall be sited and designed to minimize adverse impacts on the surrounding properties and designed in a manner which visually and functionally enhance their intended use and complement existing site topography. Multi-family residential buildings shall be sited to avoid crowding and to allow for a functional use of the space between buildings.

WE ARE CONSTRUCTING ENTIRELY WITHIN THE EXISTING BUILDING FOOTPRINT.

3. Landscaping. The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. To the maximum extent practicable, landscaping and plantings shall be used to screen parking areas, storage areas, access roads, and other service uses of the site. Trees and other large plantings shall not obstruct significant views when installed or at maturity. Drought tolerant plant materials and water conserving irrigation systems shall be incorporated into all landscaping plans.

WE ARE NOT DISTURBING ANY OF OUR EXISTING LANDSCAPING

4. 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.

WE ARE NOT CHANGING OUR EXISTING GARAGE OR EXISTING PARKING DRIVEWAY OR OFFSTREET PARKING AREAS.

5. 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.

WE RE-DESGINED AND SHRUNK OUR EXSTING REMODEL TO UTILIZE EXISTING BEAMS SO TO AVOID HAVING TO DO ANY MAJOR GRADING/EXCAVATING.

6. 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 area. All exterior lighting, including lighting in designated “dark sky” areas, shall be in conformance with SBMC 17.60.060 (Exterior Lighting Regulations).

WE ARE NOT PROPOSING ANY NEW EXTERNAL LIGHTING WITH THIS PROJECT. THERE IS NO

GROUND-LEVEL CONSTRUCTION, ACCESS TO THE NEWLY CONSTRUCTED AREA IS FROM THE INSIDE OF OUR EXISTING HOUSE.

7. Usable Open Space. Recreational facilities proposed within required usable open space areas shall be located and designed to maintain essential open space values. Consideration shall be given to type and quantity of such uses, including but not limited to golf courses, picnic and barbecue areas, tot lots, open playing fields, swimming pools and spas, and court facilities.

THIS DOES NOT SEEM APPLICABLE TO OUR PROJECT.

We respectfully request the City Council approve the project as presented. Thank you for your time and consideration.

Sincerely,
John and Laura Boat

CITY OF SOLANA BEACH
635 SOUTH HIGHWAY 101 • SOLANA BEACH• CALIFORNIA 92075 • (858) 720-2400 • FAX (858) 755-1782

STORY POLE HEIGHT CERTIFICATION
Date: MARCJ.J 1 2023 OCT U1 -Z.O'2.~ 8£ ~Ce'Rr
Assessor's Parcel No.: 2(p3-0&Z-05
Site Address:

Owner's Name: &?Ar
a:.T1t, 202-3 2€. .. C€1Zr
This is to certify that on MA'i?.CJ-1 7, 202 3 the story poles located on the above referenced site were surveyed by the undersigned, and found to be in conformance with the attached story pole plot plan. In addition, the following measurements were found:

Highest point of the story poles:

I
_9 ...... 7.....,.-'---' I O _____ (M.S.L.)* SP#= 1
Pre-existing grade: J'Z. 101 (M.S.L.)*
Finished grade elevation: _._7 -=- 2...:....z. . l-=- O_' _ (M.S.L.)* Finished floor elevation: ____ _ (M.S.L.)*
TOTAL MAXIMUM HEIGHT: z~.oo'
PLEASE NOTE: The story poles must show and include the total height must include roofing materials. At framing inspection, a Height Certification will be required which must be in exact conformance with the maximum height shown on Story Pole Height Certification.

For additional information, please contact me at 7/A?-Z24- 7tt,53 (pho · ur:fit1Ne~
Seal of Registration:
*Mean Sea Level (MSL) - all measurements must utilize an established benchm . hange over the course of the project. €'/..S16. A1v FLR., tAJ't.y '5JD€' /-15£. €U;.V. = 7 2 .<.i, ' January 2019 Page 21 of 25
C-STORY POLES, INC.

Chris Collins PLS 8591 Boat Residence
POB 230972 Encinitas, CA 92023 611 Seabright Lane, Solana Beach (760) 224-7653 [email protected] W.O. CSP23-1687 • 2/6/2023 CC,SM, RM Page .1 of 2
0 IND IQt.-"Te:> • Nd,/NCL.U)EI) t"1 IO-lf-23 ~€>CD-,-
* "T" T-post, "B" Bucket, "R" Roof, "FS" Finished·surface SP# BASE ELEV PLAN ELEV C/F LENGTH DESCRIPTION *
41 72.10 97.10 F - 25.00 ( 'lf"')P tp 'P,J_ n{'.,,
I
- 72.10 96.43 F - 24.33 I \.JoJ.12 - 2 86.81 97.10 F - 10.29 ~OOF" 3 84.97 97.10 F - 12.13 II
,¥.-4 85.03 97.10 F - 12.07 l"lnl? \\
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9 72.05 95.27 F - 23.22 'Jl<.£ ~JY..
10 82.01 95.27 F - 13.26 grnf: attach to bldg
11 82.10 95.27 F - 13.17 (ZIYJF attach to bldg :
# 12} 82.20 95.27 F - 13.07 \.:PR 1?00F -
- 82.20 92.77 F - 10.57 Lv-1£ - (fa) 82.20 95.27 F- 13.07 'i?nni= ·(14) 81.86 95.27 F - 13.41 Rm;:
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82.27 92.77 F - 10.50
28 82.08 91.94 F - 9.86.

BOAT RESIDENCE
0 INO'C.ATc:S
~f<E:N DoWIJ poc.e; 611 SEABRIGHT LANE
No, A Tht<,OF -,Ze:·~ LAN A BEACH
10-/r-2-?:, GSP 23-1687
,------ ~13•----'~12~----~ FEBRU ARY 3, 2023
28 18
1 7

NOT TO SCALE

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: November 8, 2023
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for a DRP and SDP to Demolish a Single-Family Residence, Construct a Replacement SplitLevel Single-Family Residence with an Attached Two-Car Garage, and Perform Associated Site Improvements at 312 North Rios Avenue. (Applicants: Martin and Kristen
Wadley; Application: DRP23-004/SDP23-005; APN: 263-
360-14; Resolution 2023-126)
BACKGROUND:

The Applicants, Martin and Kristen Wadley, are requesting City Council approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to demolish a single-family residence, construct a 2,236 square-foot split-level single-family residence with an attached 535 square-foot two-car garage, and perform associated site improvements at 312 North Rios Avenue. The 5,868 square-foot lot is located within the Medium-High Residential (MHR) Zone. The project includes grading in the amount of 210 cubic yards of excavation, 30 cubic yards of fill, 12 cubic yards of excavation for footings, 80 cubic yards of removal and recompaction (remedial), 180 cubic yards to be exported off site, for an aggregate grading total of 332 cubic yards. The maximum building height of the proposed addition would be 22.37 feet above the proposed grade and 120.20 feet above Mean Sea Level (MSL).

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

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2023-126 (Attachment 1).

DISCUSSION:

The subject 5,868 square-foot lot is located on the east side of North Rios Avenue. The topography slopes gently upward from North Rios Avenue to the rear (east) property line with an approximately seven-foot increase in elevation. The property is currently AGENDA ITEM # B.2.

November 8, 2023
DRP23-004/SDP23-005
312 N Rios Ave – Wadley Residence

Page 2 of 12 ends

developed with a single-story single-family residence, a detached single-car garage, and a detached shed. The proposed project includes demolition of all existing improvements on the property.

The Applicants are proposing to construct a 2,236 square-foot split-level single-family residence with a 535 square-foot attached two-car garage and perform associated site improvements including grading, drainage, hardscape, landscaping, fences, and walls.

The Applicants are also proposing a 291 square-foot detached Accessory Dwelling Unit (ADU) located in the northeast corner of the property that is not subject to the DRP or SDP, pursuant to SBMC Section 17.20.040(D). The ADU is shown voluntarily on the project plans, which are included in Attachment 2.

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

Table 1

LOT INFORMATION
Property Address:

Lot Size (Gross):

Max. Allowable Floor Area:

Proposed Floor Area:

Below Max. Floor Area by:

Max. Allowable Height:

Max. Proposed Height:

Highest Point/Ridge:
312 N Rios Ave
5,868 sf
4,401 sf
2,371 sf
2,030 sf

25.0 ft

22.37 ft
120.20 MSL
Zoning Designation:
# Units Allowed:
# Units Ex/Proposed:

MHR (8-12 du/ac)
1 D/U, 1 ADU, 1 JADU
1 D/U, 1 ADU
Setbacks: Required Proposed
Front (W) 20 ft 20 ft
Interior Side (N) 5 ft 5 ft
Interior Side (S) 5 ft 5 ft
Rear (E) 25 ft 29 ft

PROPOSED PROJECT INFORMATION
Proposed Floor Area Breakdown: Required Permits:

DRP for grading in excess of 100 cubic yards,
proposed total floor area to exceed 60% of
maximum allowable, and for a second story in
excess to 35% of the first floor.

SDP for addition in excess of 16 feet in height
Main Level Living Area
Upper Level Living Area
Lower Level Garage
1,604 sf
632 sf
535 sf
Subtotal
Off-Street Parking Exemption
2,771 sf
- 400 sf
Total Proposed Floor Area: 2,371 sf
Required/Proposed Parking: 2 (SFR) / 2 Garage
Proposed Fences and Walls: Yes
Proposed Accessory Structure: No
Existing Development: Single-family residence,
detached garage, detached shed to be demolished
Proposed Grading: 210 CY of excavation, 30 CY of fill, 12 CY of excavation for footings, 80 CY of remedial grading, 180 CY to be exported off site, and an aggregate grading total of 332 CY Staff has prepared draft findings for approval of the project in the attached Resolution 2023-126 for Council’s consideration based upon the information in this report. The applicable SBMC sections are provided in italicized text and conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process.

If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

November 8, 2023
DRP23-004/SDP23-005
312 N Rios Ave – Wadley Residence

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The following is a discussion of the findings for a DRP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2023-126.

Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required because the aggregate proposed grading would exceed 100 cubic yards, the total proposed floor area would exceed 60 percent of the maximum allowable for the property, and the proposed second story (upper level) would exceed 35 percent of the first floor (main and lower levels). The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made. If the findings cannot be made, the Council shall deny the DRP. Resolution 2023-126 provides a 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.

DRP Finding #1
General Plan Consistency
The General Plan designates the property as Medium-High Density Residential and is intended for multi-family residential development at a maximum density of 8 to 12 dwelling units per acre. The lots in this neighborhood range between 5,000 to 6,000 square feet and include single-family and duplex residential development, which results in 8 to 12 dwelling units per acre. Therefore, the proposed development is consistent with the intended development in the General Plan. The proposed development could also 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.

November 8, 2023
DRP23-004/SDP23-005
312 N Rios Ave – Wadley Residence

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Solana Beach City CouncilNovember 8, 2023

Solana Beach City Council
November 8, 2023