425 Bell Ranch Road (Lot 4): A 4,151 SF residence with an attached 656 SF garage. The residence would be 15.95 feet in height or 207.94 feet above MSL. The project would require 365 CY of grading.
433 Bell Ranch Road (Lot 5): A 4,123 SF residence with an attached 678 SF garage. The residence would be 16.00 feet in height or 205.50 above MSL. The project would require 400 CY of grading.
441 Bell Ranch Road (Lot 6): A residence of 3,300 SF with an attached garage of 660 SF. The project would have a detached ADU of 584 SF. The height of the residence would be 16.00 feet or 202.57 feet above MSL. The project would require 365 CY of grading. 450 Bell Ranch Road (Lot 7): A residence of 4,232 SF and an attached garage of 820 SF. The height of the residence would be 15.95 or 199.95 feet above the MSL. The project would require 340 CY of grading.
442 Bell Ranch Road (Lot 8): A residence of 4,225 SF and an attached 703 SF and a detached 584 SF ADU. The height of the residence would be 16.00 feet or 200.50 feet above MSL. The project would require 340 CY of grading.
Each lot would require a DRP for the following reasons: 1) a structure that exceeds 60% of the maximum allowable floor area, and 2) for grading in excess of 100 cubic yards.
The issue before the Council is whether to approve, approve with conditions, or deny the Applicant’s request as contained in the following separate Resolutions: Resolution 2024- 108, -109, -110, -111, -112, -113, -114 and -115. (Attachments 1-8).
DISCUSSION:
Each lot is located east of Nardo Avenue and would have street frontage on Bell Ranch Road once the construction of the new public road is complete. Lots 1-5 are relatively flat with a change in topography of approximately 9 feet across the entire 450 feet of width.
Lots 6 through 8 each have flat building pads and then slope down significantly as you move east. This slope is considered an Inland Bluff and requires structures to have a minimum of a 15-foot setback from the top of the bluff. The slope is protected by a deed restriction that prevents any building or grading on the sloped areas which was a condition of approval of the Ocean Ranch Subdivision.
The Applicant proposes to construct a single-story, single-family residence with an attached garage on each lot. Lots 1, 3, 6, and 8 would also have one-bedroom ADUs as part of the project that are not subject to discretionary review. The Applicant is also proposing site improvements including grading, landscaping, hardscape, and fencing.
Project plans are provided in Attachment 9.
Table 1 (below) provides a comparison of the SBMC applicable zoning regulations with the Applicant’s proposed design.
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401-436 Bell Ranch Road – Drift Subdivision
Table 1
LOT INFORMATION
Property Address: 401-450 Bell Ranch Road
Lot Size (Gross): 14,005 to 35,101 SF
Max. Allowable Floor Area: 4,401 to 5,830 SF
Proposed Floor Area: 4,373 SF to 4,628 SF
Below Max. Floor Area by: 0 to 1,791 SF
Max. Allowable Height: 25 FT
Max. Proposed Height: 16 FT
Highest Point/Ridge: 199.68 MSL to 212.77
MSL
Zoning Designation:
# Units Allowed:
# Units Ex/Proposed:
LR (3 du/ac)
1 D/U, 1 ADU, 1
JADU
1 D/U, 1 ADU on
Lots 1,3, 6, and 8
Setbacks: Required Proposed
Front (S) 25 ft 25 ft
Interior Side (W) 10 ft 10 ft
Interior Side (E) 10 ft 10 ft
Rear (N) 25 ft 25 ft
PROPOSED PROJECT INFORMATION
Proposed FAR:
Lot # Lot Size Max. FAR Prop. SF Garage
Exemption
Prop.
FAR
Below Max.
FAR
Lot 1 14,040 4,407 4,807 SF - 400 SF 4,407 SF 0 SF
Lot 2 14,051 4,409 4,807 SF - 400 SF 4,407 SF 2 SF
Lot 3 14,056 4,410 4,773 SF - 400 SF 4,373 SF 37 SF
Lot 4 14,058 4,410 4,807 SF - 400 SF 4,407 SF 3 SF
Lot 5 14,005 4,401 4,801 SF - 400 SF 4,401 SF 0 SF
Lot 6 25,225 5,336 3,960 SF - 400 SF 3,560 SF 1,776 SF
Lot 7 25,401 5,345 5,052 SF - 400 SF 4,652 SF 693 SF
Lot 8 35,101 5,830 4,928 SF - 400 SF 4,528 SF 1,302 SF
Existing Development: Vacant
Required/Proposed Parking:2 per SFR in garage
Proposed Fences and Walls: Yes
Proposed Accessory Structure: Attached ADUs
on Lots 1 and 3 Detached ADUs on lots 6 and 8
Permit Requirements: Each lot requires a DRP
for grading in excess of 100 CY and for
constructing a residence that is more than 60%
of the maximum FAR.
PROPOSED GRADING:
Lot # Proposed Cut Proposed Fill Excavation for
Footings
Removal and
Recompaction
Total
Grading
Lot 1 135 CY 0CY 200 CY 0 CY 335 CY
Lot 2 150 CY 0CY 200 CY 0 CY 350 CY
Lot 3 135 CY 0CY 200 CY 0 CY 335 CY
Lot 4 165 CY 0CY 200 CY 0 CY 365 CY
Lot 5 200 CY 0CY 200 CY 0 CY 400 CY
Lot 6 165 CY 0CY 200 CY 0 CY 365 CY
Lot 7 140 CY 0CY 200 CY 0 CY 340 CY
Lot 8 140 CY 0CY 200 CY 0 CY 340 CY
Staff has prepared draft findings for approval of the project in the attached Resolutions 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 Resolutions of Approval. The Council may direct Staff to modify the Resolutions 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 Resolutions of Denial for adoption at a subsequent Council meeting.
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401-436 Bell Ranch Road – Drift Subdivision
The following is a discussion of the findings for a DRP as each applies to the proposed projects as well as references to recommended conditions of approval contained in each Resolution. (Attachments 1-8)
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 and for grading in excess of 100 cubic yards. 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.
Resolutions 2024-108 through Resolution 2024-115 provide 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.
3. All required permits and approvals issued by the city, including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.
4. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicants obtaining the required permit or approval from the other agency.
DRP Finding #1
General Plan Consistency
The proposed project may be found consistent with the General Plan, which designates the property as Low Density Residential and is intended for single-family residential development at a maximum density of three dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
Specific Plans and Special Overlays
The property is also located in the SROZ, which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area. The proposed project December 11, 2024
DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency
SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The project includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for properties within the SROZ are as follows:
0.500 for the first 6,000 SF
0.175 for 6,000-15,000 SF
0.100 for 15,000-20,000 SF
0.050 for above 20,000 SF
The maximum floor area for each lot is as follows:
Lot # Lot Size Max.
FAR Prop. SF Garage Exemption
Prop.
FAR
Below
Max. FAR
Lot 1 14,040 4,407 4,807 SF - 400 SF 4,407 SF 0 SF
Lot 2 14,051 4,409 4,807 SF - 400 SF 4,407 SF 2 SF
Lot 3 14,056 4,410 4,773 SF - 400 SF 4,373 SF 37 SF
Lot 4 14,058 4,410 4,807 SF - 400 SF 4,407 SF 3 SF
Lot 5 14,005 4,401 4,801 SF - 400 SF 4,401 SF 0 SF
Lot 6 25,225 5,336 3,960 SF - 400 SF 3,560 SF 1,776 SF
Lot 7 25,401 5,345 5,052 SF - 400 SF 4,652 SF 693 SF
Lot 8 35,101 5,830 4,928 SF - 400 SF 4,528 SF 1,302 SF
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space. Each property qualifies for the 400 squarefoot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the properties range in size from 3,545 to 4,628 square feet.
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DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. Each residence would be below 16 feet in height from the grade established with the subdivision as shown on the final map. As a condition of approval, the Applicant would be required to submit a height certification for each residence to certify that the proposed residence would not exceed 16 feet in height. The proposed height for each residence is as follows:
Lot # Grade
Elevation
Proposed
MSL
Proposed
Height
Lot 1 197.0 MSL 212.93 MSL 15.93 FT
Lot 2 196.0 MSL 211.94 MSL 15.94 FT
Lot 3 194.5 MSL 210.43 MSL 15.93 FT
Lot 4 192.0 MSL 207.94 MSL 15.94 FT
Lot 5 189.5 MSL 205.50 MSL 16.00 FT
Lot 6 186.57 MSL 202.57 MSL 16.00 FT
Lot 7 184.0 MSL 199.95 MSL 15.95 FT
Lot 8 184.5 MSL 200.50 MSL 16.00 FT
Required Off-Street Parking:
A single-family residence requires two off-street parking spaces, pursuant to SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM). Two unobstructed 9-foot by 19-foot parking spaces are provided in each of the attached garages.
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.
For Lots 1 through 5, the plans show that the Applicant is proposing to build a 6-foot-tall wooden fence along the property lines surrounding the buildable area outside of the front yard setback. On Lot 1, where the fence would be located within the exterior side yard setback, the Applicant is proposing to construct a 3-foot-tall solid masonry wall, topped with a 2.5-foot-high fence that is 50% open to light and air on top.
For Lots 6 through 8, six-foot-tall wooden fences with gates are proposed at the side property lines (outside of the front yard setback) but they end at the top of the slope. Lots 6 and 8 propose to have a 6-foot-tall tubular steel viewing fence follow the top of the slope between the wooden fences, Lot 7 does not. The fences shown on the plans are in compliance with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicant decides to modify any of the fences and walls or construct additional fences December 11, 2024
DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
and walls on the project site, a condition of project approval indicates that they would be required to comply with the Municipal Code as it relates to height.
Water Efficient Landscape:
The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. A condition of approval has been added to the resolution that is discussed further later in this report that would allow for administrative changes to the landscaping plans as long as the proposed changes meet certain specifications. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
DRP Finding #2
The development review criteria topics referenced in DRP Finding #2 are listed below with further discussion as to how they relate to the proposed Project:
1. Relationship with Adjacent Land Uses
2. Building and Structure Placement
3. Landscaping
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 LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story single-family residences. The subject properties are the newly created lots of what was previously called the Ocean Ranch Subdivision.
Neighborhood Comparison:
Staff compared the proposed projects to 24 nearby properties located on Nardo Avenue and Lirio Street, as shown on the following map (left). The 8 proposed lots associated with this project are shown on the original Ocean Ranch Subdivision map (right).
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DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
The properties evaluated in this comparison are also located in the LR Zone and are also developed with single-family homes ranging in size from 650 square feet to 6,201 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 and covered porch area:
Lot # Residence
Gross SF
Minus Porch Minus Patio Minus Garage Comparable SF
Lot 1 4,807 SF -64 SF -213 SF -746 SF 3,784 SF
Lot 2 4,807 SF -30 SF N/A -656 SF 4,121 SF
Lot 3 4,773 SF -64 SF -213 SF -739 SF 3,757 SF
Lot 4 4,807 SF -30 SF N/A -656 SF 4,121 SF
Lot 5 4,801 SF -38 SF N/A -678 SF 4,085 SF
Lot 6 3,960 SF -32 SF N/A -660 SF 3,268 SF
Lot 7 5,028 SF -156 SF N/A -796 SF 4,076 SF
Lot 8 4,928 SF -38 SF N/A -703 SF 4,187 SF
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
1 430 S Nardo Ave 37,462 6,201 5,948 LR
2 436 S Nardo Ave 12,524 924 4,142 LR
3 438 S Nardo Ave 14,000 3,031 4,400 LR
4 440 S Nardo Ave 20,000 2,457 5,450 LR
5 442 S Nardo Ave 14,062 3,774 4,411 LR
6 444 S Nardo Ave 20,000 2,379 5,075 LR
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December 11, 2024
DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
Table 2
# Property Address
Lot
Size in
ft2
(GIS)
Existing ft2
Onsite
(Assessor’s)
Proposed /
Recently
Approved
ft2
Max.
Allowable
ft2
Zone
7 460 S Nardo Ave 13,723 3,085 4,352 LR
8 456 S Nardo Ave 12,736 3,920 4,179 LR
9 454 S Nardo Ave 14,500 1,764 4,488 LR
10 502 S Nardo Ave 10,500 2,379 3,788 LR
11 510 S Nardo Ave 10,500 1,659 3,788 LR
12 508 S Nardo Ave 21,971 2,972 4,362 /
3,404
5,174 LR
13 0 S Nardo Ave 16,052 Vacant 3,620 4,680 LR
14 512 S Nardo Ave* 43,700 Vacant 6,260 LR
15 516 S Nardo Ave* 54,500 1,646 6,800 LR
16 524 S Nardo Ave* 52,708 650 6,710 LR
17 538 S Nardo Ave* 28,750 1,968 5,513 LR
18 440 Lirio St 10,400 1,423 3,770 LR
19 425 S Nardo Ave 12,715 Vacant 4,175 LR
20 450 Lirio St 20,513 2,635 5,101 LR
21 453 Lirio St 9,000 2,865 3,525 LR
22 465 Lirio St 10,000 3,296 3,700 LR
23 489 Lirio St 9,600 2,654 3,630 LR
24 515 S Nardo Ave 15,050 2,293 4,580 LR
25 519 S Nardo Ave 10,600 3,384 3,805 LR
26 521 S Nardo Ave 10,000 2,462 3,700 LR
27 523 S Nardo Ave 10,500 2,376 3,788 LR
28 525 S Nardo Ave 10,200 1,908 3,735 LR
29 401 Bell Ranch Rd. Lot 1 14,040 Vacant 3,784 4,407 LR 30 409 Bell Ranch Rd. Lot 2 14,051 Vacant 4,121 4,409 LR 31 417 Bell Ranch Rd. Lot 3 14,056 Vacant 3,757 4,410 LR 32 425 Bell Ranch Rd. Lot 4 14,058 Vacant 4,121 4,410 LR 33 433 Bell Ranch Rd. Lot 5 14,005 Vacant 4,085 4,401 LR 34 441 Bell Ranch Rd. Lot 6 25,225 Vacant 3,268 5,336 LR 35 450 Bell Ranch Rd. Lot 7 25,401 Vacant 4,076 5,345 LR 36 442 Bell Ranch Rd. Lot 8 35,101 Vacant 4,187 5,830 LR *512, 516, 524, and 538 South Nardo Avenue are the existing lots where existing structures were demolished, and the land was cleared to be subdivided into the 8 lot Subdivision.
Building and Structure Placement:
The proposed project includes the construction of new single-story, single-family residences with attached garages and site improvements on each vacant lot. Each home would be constructed within the buildable area of the property and would not exceed 16 feet in height as measured from the grade established at the completion of the subdivision as called out on the final map.
December 11, 2024
DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
Lot 1 includes a 3,784 SF single-story, single-family residence with an attached 746 SF garage and a 528 SF one bedroom attached ADU is proposed. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the great room. A 213 SF covered patio is proposed just outside of the open concept room and a 64 SF covered porch is proposed at the front entry and both would be included in the FAR.
Lot 2 includes a 4,121 SF single-story, single-family residence with an attached 656 SF garage. The proposed residence would have an open concept kitchen/dining/great room that has a den, lounge, powder room, laundry room, three bedrooms with ensuite bathrooms, and the primary suite. The 30 SF covered front porch is included in the FAR and a 446 SF outdoor room is proposed off the open concept room and it is not included in the FAR.
The plan for Lot 3 is a mirror image of Lot 1 and is 34 square feet smaller (when including the square footage for the residence and garage). A 528 square foot attached ADU is proposed.
The plan for Lot 4 is a mirror image of Lot 2 at the same square footage.
Lot 5 includes a 4,085 SF single-story, single-family residence with an attached 678 SF garage. The residence would consist of a main entry hall that provides access to a den, two bedrooms with ensuite bathrooms, laundry room and powder room. At the end of the hall is an open concept kitchen/dining/great room with access to the primary suite on one side and an additional bedroom with an ensuite bathroom and a game room on the other side. The 38 SF covered front porch would be included in FAR and an attached 610 SF covered patio is proposed outside of the open concept room would not be included in FAR.
Lot 6 includes a 3,268 SF single-story single-family residence, an attached 660 SF garage, and a detached 584 SF one-bedroom ADU is proposed. The residence would consist of a main entry that provides access to two ensuite bedrooms, a powder room, an open concept kitchen/dining/great room and the primary bedroom suite. The 32 SF covered front porch would be included in the FAR and an attached 413 SF covered outdoor room is proposed off the open concept room that is not included in the FAR.
Lot 7 includes a 4,076 SF single-story, single-family residence with an attached 820 SF garage. One side of the open concept kitchen/dining/great room provides access to three bedrooms with ensuite bathrooms, and a single car garage. The other side of the open concept room provides access to a den, primary bedroom suite, the powder room, laundry room and an additional single-car garage. A 156 SF covered front porch is included in the FAR and an attached 454 SF outdoor room is proposed that is not included in the FAR.
The plan for Lot 8 is a mirror image of Lot 5, however, it is 127 square feet larger, and the plan includes a detached 584 SF one-bedroom ADU.
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DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
Landscape:
Each of the landscape plans proposed planting two trees within the front yard area of the lots as well as ground covers in the bioretention basins leaving the landscape design to the future homeowners. The current plans have been reviewed and approved by the City’s third-party landscape architect.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. The landscape plans for the lots are very basic. A condition of approval has been added to each resolution that states the following, If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally proposed anchor trees is maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required.
Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible. The City’s third-party landscape architect will perform a final inspection during the construction phase of the project to ensure that the landscaping was completed per plan.
Roads, Pedestrian Walkways, Parking, and Storage Areas:
The two required off-street parking spaces would be located within each proposed attached garage. A new pedestrian walkway would provide access the main entry to the primary residence.
Grading:
Each lot includes a unique grading quantity for the construction of the proposed home and the specific site improvements. The proposed grading would be as follows:
Lot # Proposed
Cut
Proposed
Fill
Excavation
for Footings
Removal and
Recompaction
Total
Grading
Lot 1 135 CY 0 CY 200 CY 0 CY 335 CY
Lot 2 150 CY 0 CY 200 CY 0 CY 350 CY
Lot 3 135 CY 0 CY 200 CY 0 CY 335 CY
Lot 4 165 CY 0 CY 200 CY 0 CY 365 CY
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DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
Lot 5 200 CY 0 CY 200 CY 0 CY 400 CY
Lot 6 165 CY 0 CY 200 CY 0 CY 365 CY
Lot 7 140 CY 0 CY 200 CY 0 CY 340 CY
Lot 8 140 CY 0 CY 200 CY 0 CY 340 CY
Lighting:
A condition of project approval requires that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
Usable Open Space:
Each project consists of the construction of a single-family residence on individual vacant residential lots; 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 Applicant will be required to pay the City’s Park Impact Fee for each lot.
Property Frontage and Public Right-of-Way Improvements:
No improvements are required as they have been completed with the construction of the road as conditions of approval for the Subdivision.
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 29, 2024. Staff received one letter with concerns regarding drainage while drafting the staff report and it has been attached to this report (attachment 10). Otherwise there has not been any other any correspondence in support or opposition to the proposed project.
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 projects in the attached Resolutions of Approval, Resolution 2024-108 through Resolution 2024-115, for Council’s consideration based upon the information in this report. Conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolutions of Approval.
The Council may direct Staff to modify the Resolutions 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 Resolutions of Denial for adoption at a subsequent Council meeting.
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DRP24-002-DRP24-009
401-436 Bell Ranch Road – Drift Subdivision
CEQA COMPLIANCE STATEMENT:
An Initial Study/Mitigated Negative Declaration was adopted for the Major Subdivision and Tentative Parcel Map to develop the initial subdivision. The development of each individual lot is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3 consists of construction and location of limited numbers of new, small facilities or structures including one single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolutions 2024-108, Resolution 2024-109, Resolution 2024-110, Resolution 2024-111, Resolution 2024- 112, Resolution 2024-113, Resolution 2024-114, Resolution 2024-115. ∙ Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP. ∙ Deny the project if all required findings for the DRP cannot be made.
CITY STAFF 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.
2. Find each 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 each project, adopt each resolution: Resolution 2024-108, Resolution 2024-109, Resolution 2024-110, Resolution 2024-111, Resolution 2024-112, Resolution 2024-113, Resolution 2024-114, and Resolution 2024-115 conditionally approving the construction of new single-story, single-family residences with attached garages, and perform associated site improvements on the 8 vacant lots within the Drift Subdivision at 401-450 Bell Ranch Road, Solana Beach.
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401-436 Bell Ranch Road – Drift Subdivision
____________________________
Alyssa Muto, City Manager
Attachments:
1. Resolution 2024-108
2. Resolution 2024-109
3. Resolution 2024-110
4. Resolution 2024-111
5. Resolution 2024-112
6. Resolution 2024-113
7. Resolution 2024-114
8. Resolution 2024-115
9. Project Plans Lots 1-8
10. Public Comment Letter
RESOLUTION 2024-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,061 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 746 SQUARE FOOT ATTACHED
GARAGE, A 528 SQUARE FOOT ATTACHED ACCESSORY
DWELLING UNIT, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 401 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-002
APN: 298-121-69
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,061 square-foot single family residence (including the covered porch and patio) with an attached 746 square-foot two-car garage, an attached 528 square foot ADU and perform associated site improvements at 401 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
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Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 14,040 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
1,407 ft2
Maximum Allowable Floor Area: 4,407 ft2
The existing development includes a 4,061 square-foot, single-story singlefamily residence and a 746 square-foot attached two-car garage. The subtotal of the gross floor area with the project would 4,807 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space.
The proposed 746 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,407 square feet, which is at the maximum square footage allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 212.93 feet above MSL or 15.93 feet above the existing grade or the certified pad height of the lot after the grading for the Final Map of the subdivision. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 15.93 feet or 212.93 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 proposed 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 Resolution 2024-108
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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 or the grade established with the Final Map.
Currently, the plans show a proposed 3-foot solid stucco wall with a 2.5 foot tall fence that is 50% open to light and air on top of the wall starting at the west side of the attached ADU that follows the side yard property line approximately 5 feet east of the actual property line where it is located within the exterior side yard setback. Then the wall would turn into a 6 foot tall solid wooden fence as it follows the rear and interior property lines where it ends with a gate at the east side of the proposed garage. The fence/wall shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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.
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The property and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the open concept room. A 64 SF covered porch is proposed at the entry and a 213 SF covered patio is proposed just outside of the open concept room and both of them would be included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
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In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally proposed anchor trees is maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified
landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northeast corner of the property. A new pedestrian walkway would follow the west side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 135 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of Resolution 2024-108
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335 cubic yards. The proposed grade would follow the existing topography.
f. Lighting: Light fixtures for walkways, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to assure safe and convenient nighttime use.
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
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Prior to use or development of the property in reliance on this permit, the Applicant and any successors in interest shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
I. The Applicant 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 December 11, 2024 and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December11, 2024, and that the maximum height of the proposed addition will not exceed 15.93 feet above the existing grade (or 212.93 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the Resolution 2024-108
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City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees is maintained, the alternative tree or plant species have a mature height that is 16 feet or (or lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s thirdparty landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following Resolution 2024-108
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conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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.
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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 Resolution 2024-108
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903.2 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. 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 2022 California Building Code Chapter 15 Section 1505.
VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of the final building inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the final building inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG-3181 shall be constructed by the applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The proposed ADU unit would increase the property’s EDU assignment by 0.8 EDU. The cost the Applicant is responsible for is $8,100.00 to be paid concurrently with the Building Permit Issuance (1.8 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
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a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, sewer and storm drain force pressurized, and non-pressurized pipes, driveways, etc.
VI. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to the Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the Accessory Dwelling Unit prior to Building Permit Issuance that is required. The fee due at building permit issuance for the proposed Residential-Accessory Dwelling Units is ($4,732 X (528 SF / 4273 SF)) = $584.72.
VIII. An Easement shall be recorded for private sewer.
IX. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
X. Prior to the issuance of any grading permits for lots 1 through 8, the Applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XI. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to Resolution 2024-108
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assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the preexisting condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
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h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be
accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional
Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for removing existing structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
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D. City Council Conditions:
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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,151 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 656 SQUARE FOOT ATTACHED
GARAGE, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 409 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-003
APN: 298-121-70
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,151 square-foot single family residence (including the covered porch) with an attached 656 square-foot two-car garage and perform associated site improvements at 409 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 14,051 square-foot lot is as follows:
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0.50 for first 6,000 ft2
0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,409 ft2
Maximum Allowable Floor Area: 4,409 ft2
The existing development includes a 4,151 square-foot, single-story singlefamily residence and a 656 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 4,807 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space.
The proposed 656 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,407 square feet, which is 2 square feet below the maximum allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 15.94 feet above the existing grade or 211.94 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 15.94 feet or 211.94 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 proposed 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 or the grade which was established by the Final Map.
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Currently, the plans show a proposed 6-foot wood fence starting at the west side of the proposed residence outside of the front yard setback that follows the rear and side property lines and meets back up to the other side of the residence with a proposed gate. The fence shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and
17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
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proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The proposed residence would have an open concept kitchen/dining/great room that has a den, lounge, powder room, laundry room, three bedrooms with ensuite bathrooms, and the primary suite. A 30 SF porch would be included in the FAR and a 446 SF outdoor room is also proposed off of the open concept room would not be included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and Resolution 2024-109
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plant species are native and non-invasive, and the modified landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northeast corner of the property. A new pedestrian walkway would follow the west side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 150 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of 350 cubic yards. The proposed grade would follow the existing topography that was created with the Final Map of the
Subdivision.
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 2024-109
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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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
I. The Applicant shall pay required Fire Mitigation, Park Development and Public Use Facilities Impact Fees, as established by SBMC Resolution 2024-109
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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 December 11, 2024, and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 15.94 feet above the existing grade (or 211.94 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a mature height of 16 feet or lower than, the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape Resolution 2024-109
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plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
b. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency
vehicles; and
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c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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 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. 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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. 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 2022 California Building Code Chapter 15 Section 1505.
VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
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IX. Tree cannot obstruct fire access. Driveway access is needed to meet the 150ft hose pull requirement.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The cost the Applicant is responsible for $4,500.00 to be paid concurrently with Building Permit Issuance (1.0 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, Resolution 2024-109
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sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. An Easement shall be recorded for private sewer.
VIII. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
IX. All construction demolition materials shall be recycled according to the City’s Construction and Demolition recycling program and an approved Waste Management Plan shall be submitted.
X. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XI. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the preexisting condition to the maximum extent feasible. All Resolution 2024-109
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recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be
accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
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j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional
Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for removing existing structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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 Resolution 2024-109
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date of this Resolution, unless the Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
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APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,034 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 739 SQUARE FOOT ATTACHED
GARAGE, A 528 SQUARE FOOT ATTACHED ACCESSORY
DWELLING UNIT, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 417 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-003
APN: 298-121-71
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,034 square-foot single-family residence (including the covered porch and patio) with an attached 739 square-foot two-car garage, an attached 528 square foot ADU and perform associated site improvements at 417 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
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Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 14,056 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
1,410 ft2
Maximum Allowable Floor Area: 4,410 ft2
The existing development includes a 4,034 square-foot, single-story singlefamily residence and a 739 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 4,773 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, 200 square feet of floor area is exempted for each required space. The proposed 739 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,373 square feet, which is 37 square feet below the maximum allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 15.93 feet above the existing grade or 210.43 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 15.93 feet or 210.43 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 proposed 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 Resolution 2024-110
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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 or the grade which was established by the Final Map.
Currently, the plans show a proposed 6-foot wood fence starting at the west side of the proposed residence outside of the front yard setback that follows the rear and side property lines and meets back up to the other side of the residence with a proposed gate. The fence shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and
17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Resolution 2024-110
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Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the great room. A 64 SF covered porch and a 213 SF covered patio is proposed just outside of the open concept room both would be included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the Resolution 2024-110
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final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northwest corner of the property. A new pedestrian walkway would follow the east side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 135 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of 335 cubic yards. The proposed grade would follow the
topography approved with the Subdivision.
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.
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All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant and any successors in interest shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
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I. The Applicant 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 December 11, 2024, and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 15.94 feet above the existing grade (or 210.44 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the Resolution 2024-110
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alternative tree or plant species have a mature height of 16 feet (or lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
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b. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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.
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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Resolution 2024-110
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Department and per the 2022 California Building Code Chapter 15 Section 1505.
VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The proposed ADU unit would increase the property’s EDU assignment by 0.8 EDU. The cost the Applicant is responsible for is $8,100.00 to be paid concurrently with Building Permit Issuance (1.8 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
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c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the Accessory Dwelling Units prior to Building Permit Issuance that is required. The fee due at building permit issuance for the proposed Residential-Accessory Dwelling Units are ($4,732 X (528 SF / 4273 SF)) = $584.72
VIII. An Easement shall be recorded for private sewer.
IX. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
X. 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.
XI. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XII. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in
accordance with Chapter 15.40 of the Solana Beach
Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
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All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the pre-existing condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are
anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in
accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a Resolution 2024-110
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form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import / export of soil. The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating asbuilt conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and
non-storm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for
removing existing structures before grading, the applicant Resolution 2024-110
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shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective Resolution 2024-110
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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 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,151 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 656 SQUARE FOOT ATTACHED
GARAGE, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 425 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-005
APN: 298-121-72
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,151 square-foot single family residence with an attached 656 square-foot two-car garage, and perform associated site improvements at 425 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 14,058 square-foot lot is as follows:
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0.50 for first 6,000 ft2
0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,410 ft2
Maximum Allowable Floor Area: 4,410 ft2
The existing development includes a 4,151 square-foot, single-story singlefamily residence and a 656 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 4,807 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, 200 square feet of floor area is exempted for each required space. The proposed 656 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,407 square feet, which is 3 SF below the maximum allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 15.94 feet above the existing grade or 207.94 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 15.94 feet or 207.94 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 proposed 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 or the grade which was established by the Final Map.
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Currently, the plans show a proposed 6-foot wood fence starting at the west side of the proposed residence outside of the front yard setback that follows the rear and side property lines and meets back up to the other side of the residence with a proposed gate. The fence shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and
17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
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proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the open concept room. A 30 SF covered porch is proposed that will be included in the FAR and a 446 SF covered patio is proposed just outside of the open concept room and it is not included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally Resolution 2024-111
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proposed anchor trees are maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northwest corner of the property. A new pedestrian walkway would follow the east side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 165 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of 365 cubic yards. The proposed grade would follow the existing topography created with the approved Final Map of the
Subdivision.
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 Resolution 2024-111
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glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant or any successors in interest shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
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I. The Applicant 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 December 11, 2024, and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 15.94 feet above the existing grade (or 207.94 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a mature height of 16 feet (or Resolution 2024-111
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lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
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b. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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 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. 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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. 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 2022 California Building Code Chapter 15 Section 1505.
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VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The cost the Applicant is responsible for is $4,500.00 to be paid concurrently with the Building Permit Issuance (1.0 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; Resolution 2024-111
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and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lots 4, 5, 6, 7, and 8. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
VIII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lot 4. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
IX. An Easement shall be recorded for private sewer.
X. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
XI. 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.
XII. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XIII. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but Resolution 2024-111
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not be limited to, the following:
XIV. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer. On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
XV. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer. All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
XVI. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of preexisting condition. The report shall provide a drainage discharge design which would represent the pre-existing condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
XVII. The Applicant shall show all retaining walls and drainage structures.
Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code. Contact the Community Development department for further information.
XVIII. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
XIX. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan Resolution 2024-111
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submittal. Inspection fees shall be paid prior to issuance of the grading permit.
XX. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
XXI. The Applicant shall obtain haul permit for import / export of soil. The Applicant shall transport all excavated material to a legal disposal site.
XXII. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
XXIII. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and non-storm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping sediment on site during excavation and grading activities. Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
XXIV. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional Standard Drawings.
XXV. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be implemented in the drainage design.
XXVI. No increased cross lot drainage shall be allowed.
XXVII.Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC
15.40.230E. If a demo permit is required for removing existing Resolution 2024-111
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structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the Resolution 2024-111
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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 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,123 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 678 SQUARE FOOT ATTACHED
GARAGE AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 433 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-007
APN: 298-121-73
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,123 square-foot single family residence (including the covered porch) with an attached 678 square-foot two-car garage and perform associated site improvements at 433 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 14,005 square-foot lot is as follows:
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0.50 for first 6,000 ft2
0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,401 ft2
Maximum Allowable Floor Area: 4,401 ft2
The existing development includes a 4,123 square-foot, single-story singlefamily residence and a 678 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 4,801 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space.
The proposed 678 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,401 square feet, which is at the maximum square footage allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 16.00 feet above the existing grade or 205.50 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 16.00 feet or 205.50 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 proposed 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 or the grade which was established by the Final Map.
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Currently, the plans show a proposed 6-foot wood fence starting at the west side of the proposed residence outside of the front yard setback that follows the rear and side property lines and meets back up to the other side of the residence with a proposed gate. The fence shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and
17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
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proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the open concept room. A 38 square foot covered porch is proposed that is included in the FAR. A 610 SF covered patio is proposed just outside of the open concept room, and it is not included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally Resolution 2024-112
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proposed anchor trees is maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified
landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northwest corner of the property. A new pedestrian walkway would follow the east side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 200 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of 400 cubic yards. The proposed grade would follow the existing topography created with the final map approved by the
Subdivision.
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 Resolution 2024-112
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glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant and any successors in interest shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
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I. The Applicant 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 December 11, 2024, and located in the project file with a submittal date of Month XX, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 16.00 feet above the existing grade (or 205.50 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a mature height of 16 feet (or Resolution 2024-112
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lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
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b. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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.
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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 Section15.32.230 Section 903.2 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Resolution 2024-112
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Department and per2022 California Building Code Chapter 15 Section 1505.
VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The cost the Applicant is responsible for is $4,500.00 to be paid concurrently at Building Permit Issuance (1.0 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
c. LID Roadside Swales across all property frontages including Resolution 2024-112
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cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lots 4, 5, 6, 7, and 8. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
VIII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lot 5. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
IX. An Easement shall be recorded for private sewer.
X. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
XI. 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.
XII. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XIII. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but Resolution 2024-112
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not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the preexisting condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the Resolution 2024-112
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grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be
accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional
Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
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implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for removing existing structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
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However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 3,300 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 660 SQUARE FOOT ATTACHED
GARAGE, A 584 SQUARE FOOT DETACHED ACCESSORY
DWELLING UNIT, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 441 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-007
APN: 298-121-74
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 3,300 square-foot single family residence with an attached 660 square-foot two-car garage, a detached 584 square foot ADU and perform associated site improvements at 441 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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. -
Zoning Ordinance Consistency: Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 25,225 square-foot lot is as follows:
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0.50 for first 6,000 ft2
0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,575 ft2
0.100 for 15,000 to 20,000 ft2 500 ft2
0.050 for ft2 above 20,000 261 ft2
Maximum Allowable Floor Area: 5,336 ft2
The existing development includes a 3,300 square-foot, single-story singlefamily residence and a 660 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 3,960 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space.
The proposed 660 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 3,560 square feet, which is 1,776 square feet below the maximum allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 16 feet above the proposed grade or 202.57 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 16 feet or 202.57 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 proposed 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.
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Currently, the plans show a proposed 6-foot wood fence starting at the west side of the proposed residence that follows the side yard property line to the top of the bluff on the west side of the property. On the east side of the residence the Applicant is proposing a gate outside of the front yard setback and a 6-foot-tall wooden fence that follows the side property line until the top of the bluff. A 6-foot-tall tubular steel view fence is proposed to follow the top of the slope and connect the wooden fences. The fence shown on the plans is in compliance with the requirements of SBMC
17.20.040(O) and 17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Resolution 2024-113
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Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off of the other side of the open concept room. A 32 SF covered porch is proposed at the front entry that will be included in the front entry. A 413 SF covered patio is proposed just outside of the open concept room, and it is not included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the Resolution 2024-113
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final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless one of the originally proposed anchor trees is maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified
landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed by a new driveway located at the northeast corner of the property. A new pedestrian walkway would follow the west side of the proposed driveway and access the main entry to the primary residence. 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 Applicant is proposing 165 cubic yards of cut, 200 cubic yards of cut for footings for a total aggregate grading quantity of 365 cubic yards. The proposed grade would follow the
topography established by the Final Map which was approved by the Subdivision.
f. Lighting: Light fixtures for walkways, parking areas, driveways, and other facilities shall be provided in sufficient number and at Resolution 2024-113
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proper locations to assure safe and convenient nighttime use.
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant and any successors in interest shall provide for and adhere to the following conditions:
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A. Community Development Department Conditions:
I. The Applicant 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 December 11, 2024, and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 16 feet above the existing grade (or 202.57 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party Resolution 2024-113
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landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the alternative tree or plant species have a mature height of 16 feet (or lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency.
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III. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
IV. 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 2022 California Fire Code Chapter Section 503.4 and 503.2.1.
V. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
VI. 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.
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 2022 California Fire Code Chapter 5 Section 505.1.
VII. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 Section15.32.230 Section 903.2 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VIII. 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 2022 California Building Code Chapter 15 Section 1505.
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IX. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The proposed ADU unit would increase the property’s EDU assignment by 0.8 EDU. The cost the Applicant is responsible for is $8,100.00 to be paid concurrently with Building Permit Issuance (1.8 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, Resolution 2024-113
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sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the Accessory Dwelling Units prior to Building Permit Issuance that is required. The fee due at building permit issuance for the proposed Residential-Accessory Dwelling Units is ($4,732 X (572 SF / 4397 SF)) = $615.58.
VIII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lot 6. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
IX. An Easement shall be recorded for private sewer.
X. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
XI. 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.
XII. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XIII. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance Resolution 2024-113
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with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the preexisting condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the Resolution 2024-113
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grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be
accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional
Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and Resolution 2024-113
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an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for removing existing structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the Resolution 2024-113
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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 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk- RESOLUTION 2024-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,232 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 820 SQUARE FOOT ATTACHED
GARAGE, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 450 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-008
APN: 298-121-75
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,232 square-foot single family residence with an attached 820 square-foot two-car garage and perform associated site improvements at 450 Bell Ranch Road 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:
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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 Density Residential in the General Plan and intended for single-family residential development with a maximum density of three 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.
Specific Plans and Special Overlays: The property is located in the Scaled Residential Overlay Zone (SROZ), which specifies development standards to preserve and enhance the existing community character and aesthetic quality of the City of Solana Beach, by providing regulations to ensure and protect the character, traditional scale, and seaside orientation of established residential neighborhoods. The project, as designed, complies with the SROZ maximum allowable floor area.
The proposed project is also located within the Coastal Zone. As a condition of project approval, the Applicant 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.
Zoning Ordinance Consistency: SBMC Section 17.20.010(C) specifies that the LR Zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. SBMC Section 17.20.030 outlines property development regulations, which are analyzed below.
Minimum Yards/Setbacks:
Minimum yard dimensions (setbacks) for the LR Zone are determined by the setback designator indicated on the City of Solana Beach Official Zoning Map. The setback designator for the subject property is “c”, which requires 25-foot front and rear yard setbacks and 10-foot street and interior side yard setbacks. The proposed residence will be constructed entirely within the buildable area of the property and includes allowable two-foot encroachments into the setbacks for roof eaves. As designed, the project meets all required setbacks.
Maximum Floor Area Ratio:
The maximum allowable floor area calculation for 25,401 square-foot lot is as follows:
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0.50 for first 6,000 ft2
0.175 for 6,000 to 15,000 ft2
3,000 ft2
1,575 ft2
0.100 for 15,000 to 20,000 ft2 500 ft2
0.050 for ft2 above 20,000 270 ft2
Maximum Allowable Floor Area: 5,345 ft2
The existing development includes a 4,232 square-foot, single-story singlefamily residence and a 820 square-foot attached two-car garage. The subtotal of the gross floor area with the project would be 5,052 square feet.
The SBMC parking regulations require two off-street parking spaces per single-family residence. When required spaces are provided in a garage, 200 square feet of floor area is exempted for each required space. The proposed 820 square-foot garage provides two unobstructed parking spaces, and two spaces are required in total for the project; therefore, the project is afforded a 400 square-foot exemption from gross floor area calculation. With the off-street parking exemption, the total gross floor area of the project would be 4,652 square feet, which is 693 square feet below the maximum allowable for the property.
Maximum Building Height:
The maximum building height for the LR Zone is 25 feet. The maximum height of the proposed residence would be 15.95 feet above the existing grade or 199.95 feet above MSL. As a condition of approval, the Applicant would be required to submit a height certification to certify that the proposed residence would not exceed 16 feet in height or 15.95 feet or 199.95 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 proposed 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.
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Currently, the plans show a proposed 6-foot wood fence starting on either side of the proposed residence that goes out to and then follows the side yard property lines until they reach the top of the slope in the rear yard.
There is no proposed fence shown at the top of the slope to connect the wooden fences. The fence shown on the plans is in compliance with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicant decides 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 subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the approved plan. In addition, the City’s consultant will perform an inspection during the construction phase of the project.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and 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 and the surrounding neighborhood are located in the LR Zone. Surrounding properties are also located within the LR Zone and are developed with one- and two-story singlefamily residences. The property is located on the southeast corner of the intersection of S. Nardo Avenue and Bell Ranch Road and is part of what was previously called the “Ocean Ranch Subdivision,” which consists of eight LR lots that are intended to be developed with single-family homes. The
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proposed project is comparatively within range of the existing development in the immediate surrounding neighborhood.
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 the construction of a new singlestory, single-family residence with an attached garage and site improvements on a vacant lot. The residence is located in the buildable area of the property and will not exceed 16 feet in height as measured from the existing grade. The residence would consist of an open concept kitchen/dining/great room with a “morning room,” pantry, and laundry room off the kitchen and a powder room, two bedrooms with ensuite bathrooms, a flex room, study, and primary bedroom suite off the other side of the open concept room. A 156 SF covered porch at the front entry will be included in the FAR and a 454 SF covered patio is proposed just outside of the open concept room that will not be included in the FAR.
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.
The proposed landscape plan also includes two trees located in front of the proposed residence and ground cover in the bioretention basins.
In addition to complying with the water efficient landscape regulations, the Applicant would also be required to submit a landscape construction plan in substantial conformance with the planting plan presented to the City Council should the City Council approve the project. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional, a DRP modification shall be required unless on of the originally Resolution 2024-114
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proposed anchor trees is maintained, the alternative tree or plant species have a 16 ft. mature height (or lower), the tree and plant species are native and non-invasive, and the modified
landscape plan meets the City’s water efficiency requirements, then an approved landscape plan revision and a final inspection are required. Additionally, any replaced plant species must be typical of the water use requirements of the plants replaced, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydro-zone. A condition has also been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be
incorporated into the landscaping to the extent feasible. d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
The two required off-street parking spaces would be located within the proposed garage, which would be accessed on either side of the new driveway located at the center of the new property frontage. The main entry is proposed in the center of the residence would be accessed between the proposed
garages.
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 Applicant is proposing 140 cubic yards of cut and 200 cubic yards of cut for footings for a total aggregate grading quantity of 340 cubic yards. The proposed grade would follow the
topography established by the Final Map which was approved by the Subdivision.
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.
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All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC 17.60.060 (Exterior Lighting Regulations).
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 a single-family residence on a vacant 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 Applicant 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.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicant obtaining the required permit or approval from the other agency.
The Applicant shall obtain approval from the California Coastal Commission prior to issuance of Building or Grading Permits.
V. CONDITIONS:
Prior to use or development of the property in reliance on this permit, the Applicant and any successors in interest shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
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I. The Applicant 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 December 11, 2024, and located in the project file with a submittal date of December 2, 2024.
III. Prior to requesting a framing inspection, the Applicant shall be required to submit a height certification, signed by a licensed land surveyor, certifying that the building envelope is in conformance with City Council approval on December 11, 2024, and that the maximum height of the proposed addition will not exceed 15.95 feet above the existing grade (or 199.95 feet above MSL).
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 Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of 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. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the approved landscape plan included in the project plans presented to the City Council on December 11, 2024, prior to Building Permit issuance and consistent with the building construction plan. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. Prior to final inspection of the building permit (and occupancy), the landscape installation shall pass inspection by the City’s third-party landscape professional.
VIII. If the Applicant or subsequent property owner decides to modify the landscape plan prior to the final inspection by the City’s third-party landscape professional a DRP modification shall be required unless one of the originally proposed anchor trees are maintained, the Resolution 2024-114
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alternative tree or plant species have a mature height of 16 feet (or lower than), the tree and plant species are native, non-invasive, and meet the City’s water efficiency requirements, then only a landscape plan revision reviewed and approved by the City’s third-party landscape architect and a final inspection is required.
IX. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).
All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
X. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access and minimize impact to the surrounding neighbors.
XI. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City.
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.
B. Fire Department Conditions:
I. RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 104.12.
II. CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all the following conditions shall be completed to the satisfaction of the Solana Beach Fire Department and per the 2022 California Fire Code Chapter 33:
a. All wet and dry utilities shall be installed and approved by the appropriate inspecting Department
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b. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and
c. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.
III. 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 2022 California Fire Code Chapter 5 Section 503.4 and 503.2.1.
IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 507.5.1 to 507.5.1.02.
V. 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.
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 2022 California Fire Code Chapter 5 Section 505.1.
VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWOFAMILY 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 Section15.32.230 Section 903.2 (NEW) or Section 903.2.01 (ADDITIONS, REMODELS) or Section 903.2.02 (NEW COMMERCIAL).
VII. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Resolution 2024-114
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Department and per the 2022 California Building Code Chapter 15 Section 1505.
VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2022 California Fire Code Chapter 12 Section 1204.
C. Engineering Department Conditions:
I. Prior to the completion of a final inspection, all requirements of DRP/SDP/SMAP 17-15-15 conditions as outlined in City Council Resolution No. RES 2019-046 shall be implemented to the satisfaction of the City Engineer.
II. Prior to the completion of a final inspection for any of lots 1 through 8, all public improvements as outlined on improvement plan No. CG3181 shall be constructed by the Applicant and accepted by the City.
III. Per current rates, the Applicant shall pay in full the one-time sewer capacity fee of $4,500.00 per Equivalent Dwelling Unit (EDU) prior to Building Permit Issuance. The EDU assignment is determined by SBMC 14.08.060. The proposed residential unit would increase the property’s EDU assignment by 1.0 EDU. The cost the applicant is responsible for is $4,500.00 to be paid concurrently with Building Permit Issuance (1.0 EDU multiplied by $4,500.00).
IV. The Applicant shall pay a Regional Transportation Congestion Program RTCIP Fee prior to Building Permit Issuance for every Lot.
The current rate for a single-family dwelling unit is $3,623.
V. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) for each lot within the Ocean Ranch Subdivision with the County of San Diego prior to the release of the Public Improvement and Grading Bond and Security deposit/Final Inspection of the Building Permit. The EMRA shall be recorded for all private improvements in the Public Right-Of-Way of Bell Ranch Road and Nardo Ave fronting or adjacent to each of lots 1 through 8 including but not limited to:
a. 5-10’ wide DG area compacted and graded at 2% towards the flow line for walking and parking purposes; and
b. Concrete curbs along the property frontages; and
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c. LID Roadside Swales across all property frontages including cobble rip-rap, drainage swales, landscaping, irrigation lines; and
d. Any drainage pipes, mailboxes, private cleanouts, subdrains, sewer and storm drain force pressurized and non-pressurized pipes, driveways, etc.
VI. Applicant shall pay a TIF (Traffic Impact Fee) associated with the construction of the new single-family residence prior to Building Permit Issuance that is required. The current fee rate for a Residential-Single-Family is $18,924 per dwelling unit.
VII. The Applicant shall record a Hold Harmless Agreement prior to Final Inspection of the Building Permits for Lot 7. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicant’s property. A sewer backflow preventer on each lateral is required. The Applicant shall record the Hold Harmless Agreement document prior to Final Inspection of the Building Permit.
VIII. An Easement shall be recorded for private sewer.
IX. Construction fencing shall be located on the subject property unless the Applicant has obtained an Encroachment Permit in accordance with chapter 11.20 of the SBMC which allows otherwise.
X. 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.
XI. Prior to the issuance of any grading permits for lots 1 through 8, the applicant shall complete the construction of the mass grading operation as shown on SBGR 391 and permit No. GRD19-0004.
XII. The Applicant shall obtain a Grading Permit for lots 1 through 8 in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
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All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicant shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. The report shall provide a drainage discharge design which would represent the preexisting condition to the maximum extent feasible. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicant shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
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h. The Applicant shall obtain haul permit for import / export of soil.
The Applicant shall transport all excavated material to a legal disposal site.
i. The Applicant shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be
accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
j. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicant. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
k. The Applicant shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional
Standard Drawings.
l. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
m. No increased cross lot drainage shall be allowed.
n. Prior to obtaining a building permit, the Applicant shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. If a demo permit is required for removing existing structures before grading, the applicant shall obtain the demo permit separately in order to certify the grading prior to issuance of the Building Permit.
D. City Council Conditions:
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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 Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.
VII. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 11th day of December, 2024, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk RESOLUTION 2024-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONSTRUCT A 4,225 SQUARE-FOOT SINGLE-STORY
RESIDENCE WITH A 703 SQUARE FOOT ATTACHED
GARAGE, A DETACHED 584 SQUARE FOOT ACCESSORY
DWELLING UNIT, AND PERFORM ASSOCIATED SITE
IMPROVEMENTS AT 442 BELL RANCH ROAD, SOLANA
BEACH.
APPLICANT: SHEA HOMES LIMITED PARTNERSHIP
CASE NO.: DRP24-009
APN: 298-121-76
WHEREAS, Shea Homes Limited Partnership (hereinafter referred to as “Applicant”), has submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on December 11, 2024, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and WHEREAS, this decision is based upon the evidence presented at the Hearing, and any information the City Council gathered by viewing the site and the area as disclosed at the Hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
I. That the foregoing recitations are true and correct.
II. That the request for a DRP to construct a 4,225 square-foot single family residence (including a covered porch) with an attached 703 square-foot two-car garage, a detached 584 square foot ADU and perform associated site improvements at 442 Bell Ranch Road 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:
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