Agenda packet — Solana Beach City Council, September 30, 2026 (part 2 of 2)

The issue before the Council is whether to approve, approve with conditions, or deny the Applicant’s request for a MOD/SDP as contained in Resolution 2026-101 (Attachment 1).

The project plans are included in Attachment 2.

DISCUSSION
The subject property is located on the north side of Canyon Drive between the intersections of Marview Drive and Canyon Drive to the west, and the intersection of Ford Avenue and Canyon Drive to the east. The topography of the lot is flat for the first 75 to 100 feet of the lot as you move north until you reach the top of the slope which is considered the Canyon Rim or “the top of the canyon adjoining San Elijo Lagoon west of I-5.” The remaining 75 to 100 feet of the lot descends approximately 40 feet. The property is within the Hillside Overlay Zone (HOZ) and the site specific slope analysis submitted by the Applicant indicates that the area north of the Canyon Rim exceed 25%.

The lot is currently developed with a two-story single-family residence with an attached garage and associated site improvements including hardscape, landscape and an existing pool. The Applicant is requesting the approval of a Modification to a DRP/SDP and a new SDP to remodel and add square footage to the existing residence and perform associated site improvements including grading, hardscape, landscaping, and reconfiguration of the existing swimming pool and spa. The proposed grading includes approximately 100 cubic yards of cut, 10 cubic yards of fill, and 90 cubic yards of export. The project plans are included in Attachment 2.

The property is shown to be adjacent to potential Environmentally Sensitive Habitat Area (ESHA) according to the City’s Local Coastal Plan’s Biological Resources Map Exhibit 3-

1. The map indicates Coastal Sage Scrub, Southern Mixed Chaparral and Southern Mixed Chaparral Disturbed were noted within the surrounding area. The Applicant submitted a Biological Assessment for the property prepared by BLUE Consulting Group. The Biological Assessment was reviewed and approved by one of the City’s third-party environmental review consultants, Michael Baker International. They found that there were no ESHA, sensitive habitats, special-status plants or wildlife species, or aquatic resources identified on the property or within the 100-foot buffer. Their report is provided in Attachment 3.

The original DRP/SDP (Case no.:17-96-03) was approved in 1996, for an addition to the existing single-family residence at 538 Canyon Drive. The approval of Resolution 1996- 028 allowed for 8 feet of the northeast corner of the lot to be cantilevered into the required 25-foot required setback from the top of the Canyon Rim. In addition, the current plans show that the existing garage encroaches into the required setback approximately 4 inches. Therefore, the existing residence is legally existing non-conforming. The Applicant is not proposing to modify either of these portions of the residence. They have also demonstrated that the proposed project would not modify more than 50% modification of the exterior walls, foundation, or roof structure; therefore, the Applicant is allowed to maintain the existing nonconformity.

Item K.4
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216 Ocean, LLC

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The project in 1996 went through the SDP process and after the 30-day View Assessment period, there were no applications for view assessment. At the Public Hearing there was one letter in support of the project, no letters in opposition, and no public comments. The following condition of approval was added to the resolution of approval during the public hearing process:

XI. The Applicant shall prepare and record a deed restriction on his property to the satisfaction of Community Development Director addressing vegetation height and view issues. More specifically, no vegetation higher than the roof line shall be allowed anywhere on the property, and two five-foot wide view corridor easements, one on each of the entire length of the side yards shall be recorded limiting all vegetation and structures to a maximum height of 42 inches. Structures in excess of 42 inches in height shall be at least 80 percent open to light so as to maximize public views to the northwest. The City shall provide a recent copy of a similar vegetation-related deed restriction.

The deed restriction required in this condition was never recorded on the property, and the current vegetation does not comply with this condition. The Applicant was not the property owner at the time this condition was required, and the property was purchased by the Applicant in 2024. The Applicant is proposing to maintain some of the existing landscaping and add new landscaping. The proposed landscape plan would require Council approval of a modification to the 1996 condition to allow for existing bamboo to remain within the five-foot wide view corridor on the eastern side of the property. The neighbor has submitted a letter of support to maintain the bamboo which has been provided in Attachment 4. The Applicant is proposing a BBQ within the western 5 foot setback that would not exceed 42 inches in height and a fenced dog run in the eastern 5 foot setback that would be constructed to be solid for the first 42 inches and then the remainder would be 80% open. Staff is proposing that the Council either remove the 1996 condition if determined that conditions have changed and findings can be made; or modify the condition as follows:

The Applicant shall prepare and record a deed restriction on his property to the satisfaction of Planning Director indicating the following:

1. No vegetation onsite may be higher than the roof line of the primary structure.

2. Two five-foot wide view easements shall be established along the entire length of each side yard setbacks. Within the view easement all vegetation and structures shall be limited to a maximum height of 42 inches except for the existing bamboo located at the northeast corner of the residence that will be maintained at a height of 20 ft. Structures in excess of 42 inches in height shall be at least 80 percent open to light so as to maximize public views to the northwest.

Item K.4
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Table 1, on the following page, provides a comparison of the SBMC applicable zoning regulations with the Applicant’s proposed design.

Staff prepared draft findings for approval of the MOD/SDP in the attached Resolution 2026- 101 for the City Council’s consideration based upon the information in this report. The applicable SBMC sections are provided in italicized text and recommended conditions of approval from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

The following is a discussion of the findings for a MOD/SDP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2026-101.

Item K.4
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Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP modification is required because the proposed development includes grading in excess of 100 cubic yards, grading in excess of 50 cubic yards in the HOZ, and grading in excess of 50 cubic yards in the SAOZ. The Council may approve, or conditionally approve, a MOD only if all of the findings listed below can be made. If the findings cannot be made, the Council shall deny the MOD. Resolution 2026-101 provides a full discussion of the findings.

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

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

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

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

DRP Finding #1
General Plan Consistency
The General Plan 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 project proposes to maintain the existing single-family residence located on the property. Therefore, the project is consistent with the intended development in the General Plan. The proposed development could also be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.

Specific Plans and Special Overlays
The property is located in the HOZ, SAOZ, SROZ, the Coastal Zone, and Dark Sky Area Hillside Overlay Zone (HOZ):

Item K.4
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The subject property is located in the HOZ. The purpose of the HOZ is to restrict the grading and development of natural slopes with an inclination of 25 percent or greater in order to preserve natural topography and scenic qualities of the city, protect native habitat and watersheds, and reduce the potential for environmental hazards. Analysis of the project’s consistency with the provisions of the HOZ are provided later in this report.

Scenic Area Overlay Zone (SAOZ):

The purpose of the SAOZ is to regulate development in areas of high scenic value to preserve and enhance the scenic resources present within and adjacent to such areas and to assure the exclusion of incompatible uses and structures. It is further recognized that the preservation and enhancement of scenic resources within the City of Solana Beach provides important social, recreation, and economic benefits for both residents and visitors alike. Specific review criterions are required for properties within designated areas of the SAOZ to ensure that proposed development does not interfere with or degrade those visual features of the site or adjacent sites that contribute to its scenic, historic, or recreational resource. Analysis of the project’s consistency with the provisions of the SAOZ are provided later in this report.

Scaled Residential Overlay Zone (SROZ):

The purpose of the SROZ is to preserve and enhance the existing community character and aesthetic quality of the City by providing regulations to ensure and protect the character of established residential neighborhoods and by preserving the traditional scale and seaside orientation of residential areas in the City. Analysis of the project’s consistency with the provisions of the SROZ are provided later in this report.

Coastal Zone:

The entire City of Solana Beach is 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.

Dark Sky Area:

Neighborhoods within these designated areas seek to preserve their traditional semirural character, a major component of which is very low levels of nighttime illumination. Specific conditions of approval have been added to the resolution to ensure consistency with the provisions of the Dark Sky Area.

Zoning Ordinance Consistency
SBMC Section 17.20.010(B) specifies that the LR Zone is intended for residential development in areas characterized by detached single-family homes on older subdivided Item K.4
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lots. SBMC Section 17.20.030 outlines property development regulations including setbacks, building height, parking, fences, and landscape. The SROZ has a tiered calculation for the maximum allowable floor area for the lot that supersedes the FAR for the LR zone.

The development regulations applicable to the proposed project are analyzed below:

Minimum Yards/Setbacks:

Minimum yard dimensions (setbacks) for the property are determined by the setback designator indicated on the City of Solana Beach official zoning map. The setback designator for the subject property is “d”, which requires 25-foot front and rear yard setbacks, 5-foot interior side yard setbacks, and 10-foot street side yard setbacks.

Pursuant to SBMC Section 17.20.030(D)(1)(b), lots that front on a “public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.” The Canyon Drive public right-of-way is 60 feet wide; therefore, the required front yard setback would be reduced to 20 feet. As a property along the Canyon Rim, an additional setback of 25 feet from the top of the slope is required for structures. No portion of the proposed addition will encroach into the required Canyon Rim setback.

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.

In addition, there is an existing four-foot metal fence at the midpoint of the slope, a pathway and pool equipment and that is proposed to remain. A 6-foot-high wooden fence would then follow the eastern property line in order to provide the necessary fencing for a pool.

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

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

Landscape:

Item K.4
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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.

DRP Finding #2
The development review criteria topics referenced in DRP Finding #2 and SBMC Section

17.68.040(F) 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 is located within the LR Zone. Adjacent properties to the south, east, and west are also located within the LR Zone, and adjacent properties to the north are located in the Open Space Recreation (OSR) Zone. All surrounding properties are developed with one- and two-story single-family residences. Other properties on the north side of the 500 block of Canyon Drive are also located within the boundaries of the SAOC, SROZ, HOZ, and subject to the same development regulations as the subject property.

Neighborhood Comparison:

Staff compared the proposed project to 13 nearby properties located on both sides of Canyon Drive, as shown on the map.

Item K.4
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The surrounding properties are developed with single-family homes ranging in size from 1,606 square feet to 5,233 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 courtyards, 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 clear story area, courtyard area, and the garage:

Projec Gross Building Area: 4,677 ft2
Delete Attached Garage: - 629 ft2
Project Area for Comparison to Assessor’s Data: 4,048 ft2 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.

Item K.4
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Building and Structure Placement:

The existing two-story residence is located in the buildable area of the lot. The existing garage encroaches into the required 20-foot front yard setback by approximately seven inches. As mentioned previously, 8 feet of the northeast corner of the residence was permitted to cantilever into the 25-foot Canyon Rim setback with the 1996 DRP/SDP approval. These two areas of the existing residence would not be modified with the proposed project, and the Applicant is not modifying more than 50% of the exterior walls, foundation, or roof structures. Therefore, the existing nonconforming areas can remain.

With the proposed project, the Applicant is proposing to convert approximately 60 square feet of the existing garage area to interior living space and add a 360 square foot addition to the north side of the main floor for a total main floor living area of 2,476 square feet with an attached 629 square foot garage. The main floor would be made up of an entry hall, two bedrooms with ensuite bathrooms, an office, an open concept living/dining/kitchen with a pantry, laundry room and closet. North of the open concept room would be a covered patio.

A 460 square foot addition is proposed in the northwest corner of the second-floor living area, resulting in a total second floor of 1,572 square feet. The second floor would consist of the primary bedroom, an additional bedroom with an ensuite bathroom, and a family room. A 579 square foot deck is also proposed on the second floor.

Item K.4
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MOD25-012/SDP25-021- 538 Canyon Drive
216 Ocean, LLC

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Landscape:

The subject landscape plan includes various low shrubs and plants that are low to moderate water use as well as some citrus trees. Some of the existing mature trees would be removed. 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 worked with the neighbor and the neighbor has provided a letter in support of maintaining some of the bamboo which has been provided in attachment 4.

Roads, Pedestrian Walkways, Parking, and Storage Areas:

The two required off-street parking spaces for the single-family residence are provided in the garage. The driveway would be maintained in the same location, and a fenced trash enclosure is proposed in the southwest corner of the lot. An updated entry courtyard and walkway from the driveway are proposed.

Grading:

Lighting:

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

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of any building and/or surrounding landscape, including environmentally sensitive habitat areas (public or private).

Usable Open Space:

The project consists of an interior remodel and square footage addition with associated yard improvements. Usable open space and recreational facilities are not required according to SBMC Section 17.20.040. The Applicant will be required to pay the park development fee prior to building permit issuance.

Hillside Overlay Zone Development Review Criteria:

The property is located within the HOZ. However, the proposed project could be found exempt from the requirements of the HOZ according to SBMC Section 17.48.020.D.1 because the applicant provided a site-specific slope analysis showing that the proposed work would be performed on the existing flat portion of the lot and not on slopes that exceed 25% inclination.

Scenic Area Overlay Zone (SAOZ) Compliance:

The purpose of the specific requirements of the SAOZ is to regulate development in areas of high scenic value to preserve and enhance the scenic resources present within, and adjacent to, such areas and to assure the exclusion of incompatible uses and structures.

It is further recognized that the preservation and enhancement of scenic resources within the City of Solana Beach provides important social, recreation, and economic benefits for both residents and visitors. Specific review criterions are required for properties within the designated areas of the SAOZ. These are established to ensure that proposed development does not interfere with or degrade those visual features of the site or adjacent sites that contribute to its scenic attractiveness, as viewed from the scenic highway or the adjacent scenic, historic, or recreational resource. The following specific criteria shall be evaluated when they are applicable:

1. Building Characteristics

2. Building and Structure Placement

3. Landscaping

4. Roads, Pedestrian Walkways, Parking and Storage Areas

5. Aboveground Utilities

6. Grading

7. Signs

8. Lighting
An application for development in the SAOZ requires submittal of a view analysis consisting of an accurate representation of the development as viewed from at least three separate and critical points exterior to the development site and which show the treatment of the Item K.4
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scenic resources present on the site as related to those resources which are adjacent to the site. The view analysis is provided on sheet A003 of the proposed plans in Attachment

2. The following is a review according to the development review criteria listed above.

Building Characteristics
All development shall be compatible with the topography, vegetation and colors of the natural environment and with the scenic, historic and recreation resources of the designated areas.

The subject addition and associated site improvements are consistent with those existing, and found on other properties located along Canyon Drive.

Building and Structure Placement
The placement of buildings and structures shall not detract from the visual setting or obstruct significant views, and shall be compatible with the topography of the site and adjacent areas. In prime viewshed areas designated in the general plan, building and structures should not be placed along bluff-top silhouette lines or on the adjacent slopes within view from a lagoon area, but should be clustered along the bases of the bluffs and on the mesa tops set back from the bluff-top silhouette lines. Buildings and structures should be sited to provide unobstructed view corridors from the nearest scenic highway, or view corridor road. These criteria may be modified when necessary to mitigate other overriding environmental considerations such as protection of habitat or wildlife corridors.

The existing residence will be maintained. The proposed additions will be behind the 25- foot Canyon Rim setback. The proposed addition to the residence would be at the same height of the existing residence or lower and below the maximum building height for the zone of 25 feet.

Landscaping
The removal of native vegetation shall be minimized and the replacement vegetation and landscaping shall be compatible with the vegetation of the designated area. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in paragraphs (F)(4), (5) and (6) of this subsection. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

The Applicant is proposing to maintain some existing landscaping and provide replacement landscaping in the front and rear yard areas that could be found compatible with the surrounding area. As noted earlier in this report, in 1996 a condition was placed on the property that the Applicant is requesting to remove or modify with this project. When the California Coastal Commission reviewed the City approved project in 1996, a special condition was placed on the project which required a deed restriction to be recorded on the Item K.4
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property requiring the Applicant to provide five trees along the northern portion of the residence in order to screen the structure from view from the San Elijo Lagoon, Highway 101 and I-5. The proposed landscape plan indicates that five trees are proposed to satisfy this condition.

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 shall be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic, historic, or recreational resource. Acceptable screening methods shall include, but are not limited to, the use of existing topography, the strategic placement of buildings and structures, or landscaping and plantings which harmonize with the natural landscape of the designated area.

The project maintains the existing garage on the south side of the residence and provides additional storage area in the garage outside of the two required parking spaces. A BBQ not to exceed 42” is proposed within the required side yard setback at the northwest corner of the residence and a fenced trash enclosure is also proposed in the southwest corner of the lot. In the side yard setback along the eastern property line a dog run is proposed. The Applicant has indicated that the proposed dog run would be solid for the first 42” and the remaining height would be 80% open to light to maintain views to the northwest. These areas would not be visible from a scenic highway or an adjacent recreational resource.

Aboveground Utilities
Utilities shall be constructed and routed underground except in those situations where natural features prevent undergrounding or where safety considerations necessitate above ground construction and routing.

The existing utility services have been previously placed underground.

Grading
The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alterations add variety to or otherwise enhance the visual setting of the designated area. However, design emphasis shall be placed on preserving the existing quality of scenic resources rather than concealment of disturbances or replacement in kind. In portions of the scenic area overlay zone containing sensitive lands, grading may be severely restricted or prohibited.

Item K.4
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The subject grading work includes providing a flat building pad at the proposed first floor addition and for the proposed entry courtyard and rear yard patio hardscape and to replace landscaping adjacent to the residence. No grading will be performed on the existing slope or beyond the Canyon Rim in order to protect the existing slope on the northern side of the property.

Signs
Off-site signs shall be prohibited in areas subject to the scenic area overlay zone, except temporary real estate signs pursuant to SBMC 17.64.060. The number, size, location, and design of all other signs shall be consistent with the Comprehensive Sign Ordinance (Chapter 17.64 SBMC) and shall not detract from the visual setting of the designated area or obstruct significant views.

The project consists of a square footage addition an associated site improvements to a developed lot; therefore, signs are not proposed as part of the development.

Lighting
The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be compatible with the lighting permitted in the designated area. All exterior lighting, including lighting in designated “dark sky” areas, shall be in conformance with SBMC 17.60.060 (Exterior Lighting Regulations).

Conditions of approval have been added to the resolution to ensure compliance with the exterior lighting regulations, as well as Dark Skies.

Structure Development Permit Compliance:

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

17.63 and the Applicant was required to complete the SDP process. The Applicant had story poles erected onsite. A final Story Pole Height Certification was issued by a licensed land surveyor on April 7, 2026, which showed the highest story pole certified at 326.78 MSL and 24.98 feet above the proposed grade. Notices to apply for View Assessment were mailed to property owners and occupants within 300 feet of the project site, which established a deadline to file for View Assessment on May 26, 2026. No applications for View Assessment were received by the City. Therefore, if the Council is able to make the required findings to approve the DRP, the SDP would be approved administratively.

As a condition of approval, a height certificate prepared by a licensed land surveyor will be required prior to the framing inspection certifying that the tallest point of the proposed Item K.4
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residence will not exceed 24.98 feet above the proposed grade and the highest point of the structure will not exceed 326.78 feet above the Mean Sea Level (MSL).

Property Frontage and Public Right-of-Way Improvements:

The existing property frontage is unimproved, with some landscaping and a non-standard driveway. If approved, the Applicant will be required to remove some of the existing landscaping and construct a 10-foot wide stabilized D.G. pathway graded at a 2% maximum slope for walking and parking purposes. In addition, construction of a mountable concrete curb for drainage will be required if the project is approved. The driveway approach will also be reconstructed as a condition of approval to meet current standards.

Public Hearing Notice:

Notice of the City Council Public Hearing for the project was published in the Union Tribune more than 10 days prior to the public hearing. The same public notice was mailed to property owners and occupants within 300 feet of the proposed project site on September 18, 2026. As of the publication of this Staff Report, no correspondence or inquiries regarding the proposed project have been received.

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

FISCAL IMPACT N/A

WORK PLAN N/A

OPTIONS
• Approve Staff recommendation adopting the attached Resolution 2026-101. • Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a MOD/SDP. • Deny the project if all required findings for the MOD/SDP 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 and supplemental regulations required to approve a MOD/SDP Item K.4
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in the HOZ and SAOZ. Therefore, should the City Council be able to make the findings to approve the MOD/SDP, Staff recommends that the City Council:

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

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

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2026-101 conditionally approving a Modification to a DRP/SDP and a new SDP for an interior remodel and square footage addition to an existing twostory, single-family residence and to modify condition XI from Resolution 1996-028 which was never formalized at 583 Canyon Place, Solana Beach. _________________________
Alyssa Muto, City Manager
Attachments:

1. Resolution 2026-101

2. Project Plans

3. Michael Baker Report

4. Letter from Neighbor
Item K.4
ATTACHMENT 1
RESOLUTION 2026-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CONDITIONALLY

APPROVING A MODIFICATION TO A DEVELOPMENT

REVIEW PERMIT AND STRUCTURE DEVELOPMENT

PERMIT TO ADD SQUARE FOOTAGE AND REMODEL AN

EXISTING SINGLE-FAMILY RESIDENCE AND PERFORM
SITE IMPROVEMENTS AT 538 CANYON DRIVE, SOLANA
BEACH, APN: 263-093-07
APPLICANT: 216 OCEAN LLC
APPLICATION: MOD25-012/SDP25-021
WHEREAS, 216 OCEAN LLC (hereinafter referred to as “Applicant”), has submitted an application for a Modification to a Development Review Permit (DRP) and a Structure Development Permit (SDP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and
WHEREAS, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on September 30, 2026, 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 Modification (MOD) to a Development Review Permit (DRP)/Structure Development Permit (SDP) and a new SDP for an 821 square foot addition to an existing two-story, single-family residence with an attached garage and associated site improvements including grading, drainage, hardscape, landscaping, fences and walls, and the reconfiguration of the pool and spa at 538 Canyon Drive and the modification of condition XI from Resolution1996-028 is conditionally approved based upon the following Findings and subject to the following Conditions:

III. FINDINGS
Item K.4
Resolution 2026-101
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A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:

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

General Plan Consistency: The General Plan 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 project proposes to maintain the existing single-family residence located on the property. Therefore, the project is consistent with the intended development in the General Plan. The proposed development could also be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.

Specific Plans and Special Overlays: The property is located in the Hillside Overlay Zone (HOZ), Scenic Area Overlay Zone (SAOZ), Scaled Residential Overlay Zone (SROZ), the Dark Sky Area, and Coastal Zone.

Hillside Overlay Zone (HOZ): The subject property is located in the HOZ.

The purpose of the HOZ is to restrict the grading and development of natural slopes with an inclination of 25 percent or greater in order to preserve natural topography and scenic qualities of the city, protect native habitat and watersheds, and reduce the potential for environmental hazards. Analysis of the project’s consistency with the provisions of the HOZ are provided later in this resolution.

Scenic Area Overlay Zone (SAOZ): The purpose of the SAOZ is to regulate development in areas of high scenic value to preserve and enhance the scenic resources present within and adjacent to such areas and to assure the exclusion of incompatible uses and structures. It is further recognized that the preservation and enhancement of scenic resources within the City of Solana Beach provides important social, recreation, and economic benefits for both residents and visitors alike.

Specific review criterions are required for properties within designated areas of the SAOZ to ensure that proposed development does not interfere with or degrade those visual features of the site or adjacent sites that contribute to its scenic, historic, or recreational resource.

Analysis of the project’s consistency with the provisions of the SAOZ are provided later in this resolution.

Scaled Residential Overlay Zone: The purpose of the SROZ is to preserve and enhance the existing community character and aesthetic Item K.4
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quality of the City by providing regulations to ensure and protect the character of established residential neighborhoods and by preserving the traditional scale and seaside orientation of residential areas in the City. Analysis of the project’s consistency with the provisions of the SROZ are provided later in this resolution.

Dark Sky Area: The property is located within the boundaries of the Dark Sky Area. Neighborhoods within these designated areas seek to preserve their traditional semirural character, a major component of which is very low levels of nighttime illumination. Specific conditions of approval have been added to this resolution to ensure that the project complies with the requirements of the dark sky area.

Coastal Zone: The entire City of Solana Beach is 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(B) specifies that the LR Zone is intended for residential development in areas characterized by detached single-family homes on older subdivided lots.

SBMC Section 17.20.030 outlines property development regulations including setbacks, , building height, parking, fences, and landscape.

The SROZ has a tiered calculation for the maximum allowable floor area for the lot that supersedes the FAR for the LR zone.

The development regulations applicable to the proposed project are analyzed below:

Pursuant to SBMC Section 17.20.030(D)(1)(b), lots that front on a “public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.” The public right-of-way of Canyon Drive is 60 feet wide, therefore, the required front yard setback would be reduced to 20 feet. As a property along the Canyon Rim an additional setback of 25 feet from the top of the slope is required for structures. No portion of the proposed addition will encroach into the required Canyon Rim setback.

Fences, Walls and Retaining Walls:

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The existing wall along the street frontage or the southern property line encroaches into the public right-of-way. With the proposed project, that wall would be reconstructed at the property line. An existing wall follows the western property line and then follows the top of the bluff parallel to the northern property line within the area of the lot that is made up of slopes that exceed 25%. This wall will remain in its current location without modification. In addition there is an existing four foot metal fence at the mid point of the slope, a pathway and pool equipment and that are proposed to remain. A 6 foot high wooden fence would then follow the eastern property line in order to provide a the necessary fencing for a pool.

Currently, the plans show fences and walls that comply with the requirements of SBMC 17.20.040(O) and 17.60.070(C). If the Applicant decides to modify any of the proposed fences and walls or construct additional fences and walls on the project site, a condition of project approval requires compliance with the Municipal Code.

Landscape:

The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check, or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s thirdparty 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 where feasible, Item K.4
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complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects, as well as protection of the property from adverse surrounding influences.

The property is located within the LR Zone. Adjacent properties to the south, east, and west are also located within the LR Zone and adjacent properties to the north are located in the Open Space Recreation (OSR) Zone. All surrounding properties are developed with one- and two-story single-family residences.

Other properties on the west side of the 500 block of Canyon Drive are also located within the boundaries of the SAOC, SROZ, HOZ, and subject to the same development regulations as the subject property.
b. Building and Structure Placement: Buildings and structures shall be sited and designed in a manner which visually and functionally enhances their intended use.

The existing two-story residence is located in the buildable area of the lot. The existing garage encroaches into the required 20- foot front yard setback by approximately seven inches. As mentioned previously, 8 feet of the northeast corner of the residence was permitted to cantilever into the 25-foot Canyon Rim setback with the 1996 DRP/SDP approval. These two areas of the existing residence would not be modified with the proposed project, and the Applicant is not modifying more than 50% of the exterior walls, foundation, or roof structures.

Therefore, the existing nonconforming areas can remain.

With the proposed project, the Applicant is proposing to convert approximately 60 square feet of the existing garage area to interior living space and add a 360 square foot addition to the north side of the main floor for a total main floor living area of 2,476 square feet with an attached 629 square foot garage. The main floor would be made up of an entry hall, two bedrooms with ensuite bathrooms, an office, an open concept
living/dining/kitchen with a pantry, laundry room and
closet. North of the open concept room would be a covered patio.

A 460 square foot addition is proposed in the northwest corner of the second-floor living area, resulting in a total second floor of 1,572 square feet. The second floor would consist of the primary bedroom, an additional bedroom with an ensuite bathroom, and Item K.4
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a family room. A 579 square foot deck is also proposed on the second floor.

No portion of the proposed addition would encroach into the required setbacks except for the eaves which are allowed to project into the required setback a maximum of two feet per SBMC 17.20.030. The residence would be 4,277 square feet after the proposed addition which is 123 square feet less than the maximum allowable floor area of the site.
c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.

The Applicant is proposing to maintain some of the existing Oldham Bamboo by the previous homeowner at the northeast corner of the residence for privacy. This would require either the removal or modification to the condition placed on the property in 1996. The Applicant worked with the neighbor and the neighbor has provided a letter in support of maintaining some of the bamboo which has been provided in attachment 4.

In compliance with the water efficient landscape regulations, the Applicant is required to submit a landscape construction plan, and an inspection will be performed by the City’s third-party landscape consultant to verify consistency on site with the approved plan.
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 for the single-family residence are provided in the modified garage area. The Item K.4
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driveway would be maintained in the same location, and a fenced trash enclosure is proposed in the southwest corner of the lot. An updated entry courtyard and walkway from the driveway are proposed.
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 approximate grading quantities consist of 100 cubic yards of cut, 10 cubic yards of fill, and 90 cubic yards of export are proposed. Grading would provide a flat pad for the proposed first floor addition and the front and rear yard hardscape site improvements. No grading is proposed on slopes that exceed 25% or beyond the Canyon Rim.
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).
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.

A condition of approval has been added to ensure compliance with the requirements of the Dark Sky Area which prohibits the outside illumination for aesthetic or dramatic purposes of any building and/or surrounding landscape, including
environmentally sensitive habitat areas (public or private). g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.

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

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

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

The Applicant is required to obtain approval from the California Coastal Commission prior to issuance of Building and Grading Permits.

C. In accordance with Section 17.48.010 (Scenic Area Overlay Zone) of the Solana Beach Municipal Code, the City Council finds the proposed development complies with the following development review criteria:

I. Building Characteristics. All development shall be compatible with the topography, vegetation and colors of the natural environment and with the scenic, historic and recreation resources of the designated areas.

The subject addition and associated site improvements are consistent with those existing and found on other properties located along Canyon Drive.

II. Building and Structure Placement. The placement of buildings and structures shall not detract from the visual setting or obstruct significant views, and shall be compatible with the topography of the site and adjacent areas. In prime viewshed areas designated in the general plan, building and structures should not be placed along bluff-top silhouette lines or on the adjacent slopes within view from a lagoon area, but should be clustered along the bases of the bluffs and on the mesa tops set back from the bluff-top silhouette lines. Buildings and structures should be sited to provide unobstructed view corridors from the nearest scenic highway, or view corridor road. These criteria may be modified when necessary to mitigate other overriding environmental considerations such as protection of habitat or wildlife corridors.

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The existing residence will be maintained the proposed additions will be behind the 25-foot Canyon Rim setback. The proposed addition to the residence would be at the same height of the existing residence or lower and below the maximum building height for the zone of 25 feet.

III. Landscaping. The removal of native vegetation shall be minimized and the replacement vegetation and landscaping shall be compatible with the vegetation of the designated area. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in paragraphs (F)(4), (5) and (6) of this subsection. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

The Applicant is proposing to maintain some existing landscaping and provide replacement landscaping in the front and rear yard areas that could be found compatible with the surrounding area. As noted earlier in this report, in 1996 a condition was placed on the property that the Applicant is requesting to remove or modify with this project. When the California Coastal Commission reviewed the City approved project in 1996, a special condition was placed on the project which required a deed restriction to be recorded on the property requiring the Applicant to provide five trees along the northern portion of the residence in order to screen the structure from view from the San Elijo Lagoon, Highway 101 and I-5. The proposed landscape plan indicates that five trees are proposed to satisfy this condition.

IV. 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 shall be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic, historic, or recreational resource. Acceptable screening methods shall include, but are not limited to, the use of existing topography, the strategic placement of buildings and structures, or landscaping and plantings which harmonize with the natural landscape of the designated area.

These areas would not be visible from a scenic highway or an adjacent recreational resource.

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V. Aboveground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent undergrounding or where safety considerations necessitate aboveground construction and routing.

The existing utility services have been previously placed underground.

VI. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alterations add variety to or otherwise enhance the visual setting of the designated area.

However, design emphasis shall be placed on preserving the existing quality of scenic resources rather than concealment of disturbances or replacement in kind. In portions of the scenic area overlay zone containing sensitive lands, grading may be severely restricted or prohibited.

VII. Signs. Off-site signs shall be prohibited in areas subject to the scenic area overlay zone, except temporary real estate signs pursuant to SBMC 17.64.060. The number, size, location, and design of all other signs shall be consistent with the Comprehensive Sign Ordinance (Chapter 17.64 SBMC) and shall not detract from the visual setting of the designated area or obstruct significant views.

The project consists of a square footage addition and associated site improvements to a developed lot; therefore, signs are not proposed as part of the development.

VIII. Lighting. The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be compatible with the lighting permitted in the designated area. All exterior lighting, including lighting in designated “dark sky” areas, shall be in conformance with SBMC 17.60.060 (Exterior Lighting Regulations).

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Conditions of approval have been added to the resolution to ensure compliance with the exterior lighting regulations, as well as the dark sky area requirements.

D. Structure Development Permit Compliance:

The proposed addition exceeds 16 feet in height above the pre-existing grade; therefore, the project must comply with all of the View Assessment requirements of SBMC Chapter 17.63 and the Applicant was required to complete the SDP process. The Applicant had story poles erected onsite. A final Story Pole Height Certification was issued by a licensed land surveyor on April 7, 2026, which showed the highest story pole certified at 326.78 MSL and

24.98 feet above the proposed grade. Notices to apply for View Assessment were mailed to property owners and occupants within 300 feet of the project site, which established a deadline to file for View Assessment on May 26, 2026.

No applications for View Assessment were received by the City. Therefore, if the Council is able to make the required findings to approve the DRP, the SDP would be approved administratively.

As a condition of approval, a height certificate prepared by a licensed land surveyor will be required prior to the framing inspection certifying that the tallest point of the proposed residence will not exceed 24.98 feet above the proposed grade and the highest point of the structure will not exceed 326.78 feet above the Mean Sea Level (MSL).

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

A. Community Development Department Conditions:

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

II. Building, grading, and landscape construction plans shall be in substantial conformance with the project plans presented to the City Council on September 30, 2026, and located in the project file with a submittal date of August 21, 2026.

III. Prior to requesting a framing inspection, the Applicant shall submit a height certificate prepared by a licensed land surveyor certifying that the maximum height of the proposed residence will not exceed 24.98 feet above the proposed grade (326.78 feet above MSL) in conformance with the plans as approved by the City Council on September 30, 2026.

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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 Building and Grading Permits.

VI. The Applicant shall provide a full Landscape Documentation Package in compliance with SBMC Chapter 17.56 and in substantial conformance with the conceptual landscape plan included in the project plans presented to the City Council on September 30, 2026, prior to Building Permit issuance and consistent with the building construction and grading plans. The Applicant shall obtain and submit landscape security in a form prescribed by the City Engineer in addition to the grading security. The landscape plan and installation will be reviewed and inspected by the City’s third-party landscape professional. The landscape security deposit shall be released when applicable regulations have been satisfied, and the installation has passed inspection by the City’s third-party landscape professional.

VII. The Applicant shall prepare and record a deed restriction on his property to the satisfaction of Planning Director indicating the following:
a. No vegetation onsite may be higher than the roof line of the primary structure.
b. Two five-foot wide view easements shall be established along the entire length of each side yard setbacks. Within the view easement all vegetation and structures shall be limited to a maximum height of 42 inches except for the existing bamboo located at the northeast corner of the residence that will be maintained at a height of 20 ft. Structures in excess of 42 inches in height shall be at least 80 percent open to light so as to maximize public views to the northwest.

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

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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. The outside illumination for aesthetic or dramatic purposes of any building and/or surrounding landscape, including environmentally sensitive habitat areas (public or private) is prohibited.

XI. Construction vehicles shall be parked on the subject property at all times feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access on the street and minimize impact to the surrounding neighbors.

XII. The Applicant shall connect to temporary electrical service as soon as feasible to the satisfaction of the City. The use of gas-powered generator(s) during construction activity is discouraged and shall be limited only to selective use at the discretion of the City.

XIII. 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. GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall be installed per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 503.6. All Knox Box products shall be purchased through Knox Box website under the Solana Beach Fire Department.

C. Engineering Department Conditions:

I. The Applicants shall obtain an Encroachment Permit in accordance with SBMC Section 11.20 for all work being done in the public right-ofway, including but not limited to the items listed below. The frontage improvements shall be done to the satisfaction of the City Engineer Item K.4
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prior to final inspection of the building permit:
a. Construction of the 9-inch sloping curb along the property frontage with transitions to the existing improvements to the satisfaction of the City Engineer.
b. Construction of the 10 foot wide Decomposed Granite (D.G.) area compacted and graded at maximum 2% towards the flow line for walking and parking purposes to the satisfaction of the City Engineer.
c. Construction of the SDRSD G-14D driveway approach with 2:1 transitions to the proposed D.G. pathway.
d. Construction of the concrete swale.
e. Construction of the concrete walkway.
f. Demolition of the existing fountain, planter wall and columns in the public right of way.

II. The Applicants shall record the Encroachment Maintenance Removal Agreement (EMRA) with the County of San Diego prior to the release of the Grading Bond and Security Deposit. The EMRA shall be recorded against this property for all private improvements in the Public Right-Of-Way including, but not limited to:
a. The concrete spillway located on Canyon Drive
b. The Decomposed Granite Path
c. The 9-inch sloping curb
d. Landscaping and irrigation
III. All construction and demolition materials shall be recycled according to the City' s Construction and Demolition recycling program and an approved Waste Management Plan shall be submitted.

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

V. Grading
a. The Applicants shall obtain a grading plan prepared by a Item K.4
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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 Applicants shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.

All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicants shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for the detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre- existing condition. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit. d. The Applicants shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.

Contact the Community Development department for further information.
e. The Applicants are responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicants shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. Cut and fill slopes shall be set back from site boundaries and building in accordance with SBMC Section 15.40.140 and to the satisfaction of the City Engineer.
g. The Applicants shall pay a grading plan check fee in accordance Item K.4
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with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
h. The Applicants shall obtain and submit grading security in a form prescribed by the City Engineer.
i. The Applicants shall obtain haul permit for import/export of soil.

The Applicants shall transport all excavated material to a legal disposal site.
j. The Applicants shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating as- built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as- built conditions.
k. 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, grading and other
construction related activities. Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
l. The Applicants shall show all proposed onsite private drainage facilities intended to discharge water runoff. 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.
m. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001, requirements shall be
implemented in the drainage design.
n. No increased cross lot drainage shall be allowed.

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o. Prior to the foundation inspection, the Applicants shall submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC

15. 40. 230E.

D. The City Council Conditions:

I. N/A
I. ENFORCEMENT
Pursuant to SBMC 17.72.120(B) failure to satisfy any and all of the abovementioned conditions of approval is subject to the imposition of penalties as set forth in SBMC Chapters 1.16 and 1.18 in addition to any applicable revocation proceedings.

II. EXPIRATION
The Modification and Structure Development Permit for the project will expire 24 months from the date of this Resolution, unless the Applicant has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SBMC 17.72.110.

III. INDEMNIFICATION AGREEMENT
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.

In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter.

However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

NOTICE TO 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 Item K.4
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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 this 30th day of September, 2026, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
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5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008 | Office: 760-476-9193 | Fax: 760-476-9198 | mbakerintl.com 0(025$1'80
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Item K.4
Phil & Jane Baker
Solana Beach, CA 92075
September 15, 2026
Dear Solana Beach City Officials,
My name is Phil Baker. My wife and I have been residents of Solana Beach for almost thirty years at , which is to the Jackel’s home to their . The Jackel's house was built a year or so after we moved in on January 2, 1997.

The wall b our homes has not changed since their house was built, and we are very satisfied with its design and function. We have a terrific relationship with the Jackel’s and are supportive of their plans for the renovation they have proposed, especially that the wall will remain as it has been for three decades.

We understand the city is suggesting some changes to the concrete wall and landscape our houses. We want to let you know that we strongly object to making any changes to the current design that has been in place for all this time.

The current design allows each of us to have our privacy, is of the ideal height so as not to obstruct views to the back, while still preserving our ocean views. Any removal would be a burden and an unnecessary expense.

We have had discussions the Jackel’s and they have agreed to pull back some of the bamboo, which will give us an even better view, while not changing theirs or our privacy.

As long-time residents of Solana Beach, we dearly love our city like you do. While we appreciate that the city is trying to protect all homeowners, we are worried that any changes or restrictions required by the city will damage the enjoyment of our home.

We urge you to consider removing these requirements from the Jackel’s plans. Thank you very much for your consideration.

Sincerely,
Phil and Jane Baker.

Attachment 4
Item K.4
COUNCIL ACTION:
_______________________________________________________________________ AGENDA ITEM # K.5.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Alyssa Muto, City Manager
MEETING DATE: September 30, 2026
ORIGINATING DEPT: Community Development Department – Tiffany Wade, Associate Planner
SUBJECT: Ordinance 546 Introduction (1st Reading) Amending Chapter 17 Article 20 of the Solana Beach Municipal Code Relating to the Keeping of Residential Chickens and Bees

BACKGROUND
The Solana Beach Municipal Code (SBMC) currently allows for the keeping of chickens, or other fowl, within the Estate Residential (ER-1 & ER-2) and Low Residential (LR) zones on lots with a minimum of 20,000 square feet, with a maximum number of 25 chickens per lot. The SBMC currently prohibits apiaries (beekeeping). In response to letters of public comment on the draft Work Plan in May of 2025, City Staff was directed by the Council to research expanding chicken and apiary regulations for the City which was presented to Council on June 10, 2026.

The item before the City Council is to consider the introduction of Ordinance 546 modifying the existing residential Animal Regulations section of the Solana Beach Municipal Code Chapter 17 Article 20.

DISCUSSION
The City Council (Council) has included within the adopted Work Plan direction for staff to explore the expansion of the current Animal Regulations SBMC 17.20 to provide more opportunities for residents to keep chickens and bees. Council has provided direction and feedback to staff regarding animal regulations during the June 10, 2026, Council Meeting.

In response to the feedback and public comment, Staff has prepared a draft ordinance for Council consideration. The draft ordinance includes the following changes:
 Updated definitions section for animals
 Revised Table 17.20.040-A
 Updated requirements for keeping chickens (and quails)  New requirements for apiaries
Proposed Changes to SBMC Section 17.20.040(H) Related to Chickens Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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Table 1 below provides a summary of the proposed amendments to the current animal regulations related to the keeping of chickens and small fowl.

Table 1: Amendments to Animal Regulations SBMC 17.20.040(H) related to Chickens Current Proposed
Zones ER-1, ER-2, LR ER-1, ER-2, LR, LMR, MR, MHR
Minimum Site Area Required 20,000 sf None
Minimum Site Area Per Animal 2,000 sf None, number of limited by “Maximum Number of Animals”
below
Maximum Number of Animals 25 Maximum 10, Minimum 3
Enclosure Location  35 feet from any residential
dwelling, school, hospital or
church located on any
adjoining parcel
 Not permitted in the required
front or street side yard
setback areas unless the lot
on which the animals are kept
is larger than half an acre
 Not permitted in the required
front yard, or area between the
principal residence and
adjacent right of way
 Not permitted in required street
side yards or interior side yards
 Minimum setback from side and
rear property lines dependent
on zone
 Additional setbacks required for
properties in or adjacent to HOZ
and/or ESHA
Zoning
In addition to ER-1, ER-2 and LR zones, chickens would be permitted within the LMR, MR and MHR zones.

Coop Location
Current regulations do not permit animal enclosures within the front yard setback or street side yards, unless the subject property is larger than a half-acre. Per Council’s input, proposed regulations regarding coop location would not allow enclosures within the front yard, which includes the required front yard setback and any buildable area that may be in front of the primary residence, for all properties regardless of size.

Within the ER-1, ER-2, LR, and LMR zones enclosures shall be setback 25 feet from the side and rear property lines. Enclosures shall be setback from the rear property line 25 feet, unless the property abuts common open space, in which case the setback can be reduced to 10 feet. Within the MR and MHR zones, enclosures are only permitted on lots developed with a single-family residence, not excluding those with an ADU and/or JADU.

Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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Within the MR and MHR zones enclosures shall be setback 20 feet from the side and rear property lines.

If the setbacks from side property lines cannot be met, property owners shall obtain signatures from adjacent impacted neighbors. As Council discussed, this is considered a best management practice and is not required to be submitted to the city. However, if complaints of nuisance arise as result of chicken keeping, Staff will request this documentation.

Hillside Overlay Zone
The purpose of the Hillside Overlay Zone (HOZ) is to restrict the grading of natural slopes with an inclination of 25 percent or greater, in order to: 1) preserve the natural topography and scenic qualities of the city; 2) protect native coastal sage/chaparral and grassland habitat; 3) preserve existing watersheds; and 4) reduce the potential for environmental hazards including soil erosion, siltation of coastal wetlands, land slides, adverse impacts due to runoff, and other impacts which could affect the public health, safety and general welfare (SBMC 17.48.020). To avoid negative impacts to the HOZ, Staff recommends that enclosures be setback 15 feet from any top of slope or toe of slope. This 15-foot setback is consistent with setbacks required for accessory encroachments on coastal and inland bluffs (SBMC 17.20.030(E)).

Environmentally Sensitive Habitat Area
The California Coastal Act defines “environmentally sensitive area” as “Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments” (Section 30107.5). Per Section 30240 of the California Coastal Act, environmentally sensitive habitat areas (ESHA) shall be protected against any significant destruction of habitat values. No development, with the exception of uses dependent on the resources, is allowed within any ESHA or potential ESHA (LUP 2019).

To ensure the protection of these areas, Staff recommends that enclosures be set back a minimum of 15 feet from the edge of any ESHA or potential ESHA identified in the Land Use Plan (LUP). Approximate locations of these areas are shown in Exhibits 3-10 of the LUP.

Coop Construction and Maintenance
Per Council discussion at the June 10, 2026, Council Meeting, chicken enclosures, or coops, shall not exceed 8 feet in height. Staff recommend that the enclosure shall provide a minimum of 10 square feet per chicken and include both housing area for nesting and sleeping and run area for movement. Per SBMC 17.08 “One one-story detached accessory building used as a storage shed, playhouse, or similar use that does not exceed 120 square feet […] is excluded” from floor area and does not require a building permit. Council requested that coops that do not exceed 120 square feet and comply with SBMC Sections

17.20.020(C) and 17.20.040(H) are not required to obtain a building permit.

Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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All enclosures shall be well-ventilated and easily cleaned. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor. Property owners should refer to SBMC Chapter 6.20 for proper disposal practices as per the City’s franchise agreement. All enclosures shall be pest-controlled. All enclosures shall be predator-proof.

Flock Size
Current regulations allow up to 25 chickens per property depending on lot size. The proposed regulations would limit flock size to 10 chickens maximum with a minimum of three (3) chickens. Roosters are not permitted.

Proposed Changes to SBMC Section 17.20.040(H) Related to Apiaries As currently written, the SBMC does not allow apiaries or beekeeping in any zones. All regulations pertaining to apiaries are proposed amendments to the current code. A summary of proposed amendments is in Table 2 below.

Table 2: Amendments to Animal Regulations SBMC 17.20.040(H) related to Apiaries Current Proposed
Zones None ER-1, ER-2, LR
Maximum Number of Hives Zero 3 in ER
2 in LR
Hive Location N/A  Not permitted in the required front yard, or area between the principal residence and
adjacent right of way
 Not permitted in required street side yards
or interior side yards
 25-foot minimum setback from side and
rear property lines
 Special consideration for properties in or
adjacent to HOZ and/or ESHA
Additional Requirements None  Registration with San Diego County Agricultural Commissioner
 Complete BMP Checklist for Beekeeping
 Complete beekeeping course
Zoning
The draft amended regulations would allow apiaries in the ER-1, ER-2 and LR zones.

Maximum Number of Hives
The draft amended regulations would allow up to three (3) hives in the ER zones and up to two (2) hives in the LR zone.

Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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Hive Location
Staff proposes that beehives not be located between the principal residence and the front property line. Beehives may be located in the buildable area behind the primary structure or within the rear yard setback.

Within the ER-1, ER-2, and LR zones beehives shall be setback 25 feet from the side and rear property lines. Beehives shall be setback from the rear property line 25 feet, unless the property abuts common open space, in which case the setback can be reduced to 10 feet.

Hillside Overlay Zone
The purpose of the Hillside Overlay Zone (HOZ) is to restrict the grading of natural slopes with an inclination of 25 percent or greater, in order to preserve the natural topography, protect native coastal sage/chaparral and grassland habitat, preserve existing watersheds and reduce the potential for environmental hazards (SBMC 17.48.020). Due to the arguably small size of beehives or bee boxes, beehives could be compatible within the HOZ, so long as the existing area is flat and clear enough to accommodate the hives. To avoid negative impacts to the HOZ, no grading, clearing or vegetation removal of any kind is permitted to accommodate the hives.

As pollinators, bees transfer pollen between flowers, enabling plant fertilization, seed production, and genetic diversity. Pollination is necessary for native plant life to reproduce and therefore would not be considered a disturbance to ESHA. Like the HOZ, beehives could be placed within ESHA or potential ESHA identified in the Land Use Plan (LUP), so long as the existing area is flat and clear enough to accommodate the hives. To avoid impacts to ESHA, no grading, clearing or vegetation removal of any kind is permitted.

Approximate locations of these areas are shown in Exhibits 3-10 of the LUP.

A clean reliable water source such as a shallow basin with landing spots, such as rocks or sticks, shall be provided within 100 feet of the hive.

Beekeepers shall also be required to register with the San Diego County Agricultural Commissioner and comply with all state regulations. Beekeepers shall utilize the BMP Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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checklist for beekeeping provided by San Diego County and complete University of California Cooperative Extension (UCCE) online beekeeping course.

Enforcement:

A permit is not required for the keeping of chickens and/or bees. If chicken coops meet the regulations outlined above, a building permit would not be required. If a chicken coop does not meet the regulations outlined above, a building permit would be required and staff would review that submittal for compliance with SBMC and the California Building Code.

Nuisance issues related to the keeping of chickens and/or bees shall be handled by Code Enforcement when an official code enforcement complaint form has been submitted to the City.

CEQA COMPLIANCE STATEMENT
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This Ordinance modifies the criteria and stands for the keeping of a limited number of chickens in single-family residential zones and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.

FISCAL IMPACT N/A

WORK PLAN
This item is consistent with Action E under Item 8 (Healthy and Livable Communities) of the Youth, Senior, and Community Well-being Section in the FY2025-26 Work Plan.

OPTIONS
 Adopt draft ordinance amendment to S.B.M.C 17.20.040 (H).  Direct Staff to make changes to draft Ordinance 546 and present a revised draft ordinance at a second reading.

CITY STAFF RECOMMENDATION
Staff recommends that the City Council:

1. Discuss the draft ordinance.

Item K.5
September 30, 2026
Chicken and Bee Keeping Regulations – Ordinance 546

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2. Staff recommends that the City Council consider introduction of Ordinance 546 (1st Reading) amending the City’s Animals and Pets Regulations. _________________________
Alyssa Muto, City Manager
Attachments:

1. Draft Ordinance 546 – Animals and Pets (track changes)

2. Draft Ordinance 546 – Animals and Pets (clean version) Item K.5
ORDINANCE 546

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA BEACH, CALIFORNIA, REPEALING SECTION 17.20.040(H) AND ADOPTING A REVISED SECTION 17.20.040(H) OF THE SOLANA BEACH MUNICIPAL CODE

TO PROVIDE FOR REGULATIONS CONCERNING CHICKEN AND BEE

KEEPING
WHEREAS, the proposed regulations and standards are intended to be consistent with state law and are intended to promote the keeping of chickens and bees; and WHEREAS, the proposed amendments are consistent with and implement a portion of the Work Plan Action E under Item 8 (Healthy & Livable Communities) of the Youth, Senior, and Community Well-Being section in the FY2025-26 Work Plan; and WHEREAS, the proposed provisions are consistent with the policies and programs of the City’s General Plan and the certified Land Use Plan of the City’s Local Coastal Plan; and WHEREAS, the proposed regulations include objective standards for keeping chickens and bees that protect the health, safety and welfare of the community.

NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains as follows:

Section 1. All of the above statements are true and correct and are hereby incorporated into this Ordinance by reference; and
Section 2. Section 17.08.030 Definitions. Shall be amended to add the following definitions:

APIARY – an apiary is a collection of hives or colonies of bees kept for their honey.

ANIMAL:

BEE – a yellow and black flying insect that makes honey CHICKEN – a chicken is a common domestic fowl. Regulations that apply to chickens also apply to small fowl including bantam chickens and quail.

COOP – a small structure or covered enclosure where chickens live, sleep and lay their eggs. The coop includes both a henhouse and run. The henhouse is an indoor full enclosed structure that contains nesting boxes for laying eggs and roosts for sleeping.

The run is an attached, or outdoor fenced area where chickens can walk, scratch the dirt and eat during the day.

Section 3. Section 17.20.040(H) of the Solana Beach Municipal Code is amended to read as follows:

ATTACHMENT 1
Item K.5
Ordinance 546
Chicken and Bee Keeping

Page 2 of 6 ends

17.20.040 Specific requirements.

H. Animals and Pets.

1. The keeping of animals out-of-doors accessory to a residential use shall be limited as follows:

Table 17.20.040-A
Animal Regulations, Residential Zones
Type of Animal
Minimum
Site Area
Required
(square feet)
Minimum
Site Area
Per Animal
(square feet)
Maximum
Number of
Animals on
any Site
Zones Allowed
(a) Horses, mules, donkeys, ponies
or other large animals*
20,000 10,000 6 ER-1, ER-2, LR
(b) Goats, sheep, pigs, and other
small animals*
20,000 10,000 6 ER-1, ER-2, LR
(c) Cats none 1,250 4 All Res. Zones
(d) Dogs none 1,250 4** All Res. Zones
(e) Chickens or other fowl 20,000 2,000 25 ER-1, ER-2,
LR
(e) Chickens and small fowl. No
roosters.
none none Minimum 3
Maximum
10 ER-1, ER-2,

LR, LMR,
MR***, MHR***
(f) Rodents or birds none 1,000 25 All Res. Zones
(g) Exotic or wild animals As established by CUP All Res. Zones (h) Apiaries (not allowed in any residential zone)
(h) Apiaries none none 3 hives ER-1, ER-2
2 hives LR, LMR
*Definitions of large and small animals are contained in Chapter 17.08 SBMC (Definitions). **The keeping of five or more dogs in a structure or facility is classified as a kennel [See description of Kennel, SBMC 17.12.010 (D), Use Classification and Regulations.] ***Within the MR and MHR zones, only permitted on lots developed with a single-family residence, not excluding properties with an ADU or JADU, may keep chickens.

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a. The keeping of all exotic or wild animals shall be subject to a conditional use permit issued by the director of planning and community development.
b. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (small animals, four months; large animals, six months; horses, 12 months). c. The number of household pets customarily permitted and kept within a dwelling, consistent with applicable city, state and federal regulations, is not regulated by this title.

2. The keeping of animals as an agricultural business pursuant to subsection F shall be limited as prescribed by Table 17.20.040-A, however, the requirements for minimum area per animal and maximum number of animals per site may be exceeded pursuant to the conditional use permit issued for the agricultural business.

3. All animals, except dogs and cats, must be kept in enclosures. Animal enclosures including pens, coops, hutches, stables, barns, corrals, and similar structures shall be subject to the following regulations:
a. All enclosures must be at least 35 feet from any residential dwelling, school, hospital, or church located on any adjoining parcel. The temporary keeping of animals in conjunction with 4-H, FFA or similar youth programs may be exempted from the minimum distance requirements for a period not to exceed one year with the written approval of surrounding property owners.
b. The keeping of animals, excluding household pets, shall not be permitted in the required front or street side yard setback areas. unless the lot on which the animals are kept is larger than half an acre.
c. All enclosures shall be adequate to contain the animals and in all cases animals, including dogs, shall be contained within the boundaries of the property on which they are housed. d. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor.
e. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise or odors which Item K.5
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are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.

4. Chickens and quails shall be kept in enclosures. Coops, hutches, or other similar structures for housing chickens and quails shall be subject to the following regulations:
a. Enclosures shall not exceed eight (8) feet in height. b. All enclosures shall comply with SBMC Section 17.20.020(C) – Accessory Structures. c. In addition to the provisions in Section 17.20.020(C), enclosures shall meet the following setback requirements:
1) Enclosures shall not be located between the primary residence and the front property line. Enclosures are permitted in the property’s buildable area, behind the residence and within the rear yard setback.

Table 17.20.040-B – Chicken Enclosure Location
Required Setbacks from Property Lines*
Zoning Designation Sides Rear**
ER-1a 25 25
ER-2a 25 25
ER-2b 25 25
LRc 25 25
LRd 25 25
LMRc 25 25
LMRd 25 25
MR*** 20 20
MHR*** 20 20
Additional Setback Requirements Related to Overlay Zones Overlay Zones
HOZ 15-foot setback from top / toe of slope
ESHA 15-foot setback from ESHA
* If the required setbacks from side and/or rear property lines cannot be met, property owners shall obtain signatures from adjoining, affected neighbors.
** If the rear property line abuts common open space, the setback may be reduced to 10 feet
*** Only permitted on lots developed with a single-family residence, not excluding those with an ADU and/or JADU. d. The enclosure, or coop, shall provide a minimum of 10 square feet for each chicken. 1) The coop shall include both housing area for nesting and sleeping and run area for movement.
2) Coops that comply with SBMC 17.08 allowing a one-story detached accessory structure, 120 square feet or less, are not required to obtain a building permit. e. All chickens and quail shall be contained within the boundaries of the property on which they are housed.
f. All enclosures shall be well-ventilated and easily cleaned. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor. (Please Item K.5
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refer to SBMC Chapter 6.20 for proper disposal practices as per the City’s franchise agreement.)
g. All enclosures shall be pest-controlled.
h. All enclosures shall be predator-proof.
i. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise or odors which j. are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.

5. All bees must be kept in a beehive that allows them to form colonies. Beehives, bee boxes, and similar structures shall be subject to the following regulations:

Table 17.20.040-C – Apiary Location
Required Setbacks from Property Lines*
Zoning Designation Front Sides Rear**
ER-1 X 25 25
ER-2 X 25 25
LRc X 25 25
LRd X 25 25
LMRc X 25 25
LMRd X 25 25
Additional Requirements Related to Overlay Zones
Overlay Zones
HOZ Hives may be located in existing level
and vegetation free areas within the
HOZ and/or ESHA. No grading or
vegetation removal is permitted to
accommodate hives.

ESHA
X – Apiaries are not permitted between the front property line and the primary structure.
* If the setbacks from side and/or rear property lines cannot be met, property owners shall obtain signatures from adjoining, affected neighbors.
** If rear property line abuts common open space, the setback can be reduced to 10 feet.
a. Beehives may be located in the buildable area behind the primary structure or within the rear yard setback and shall be setback 25 feet from the rear and side property lines.

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Section 12. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

This Ordinance modifies the criteria and stands for the keeping of a limited number of chickens and apiaries in single-family residential zones and there is no possibility that adopting this Ordinance will have a significant effect on the environment.

Section 13. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Solana Beach, California, on the 30th day of September 2026; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ____ day of September 2026, by the following vote:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA BEACH, CALIFORNIA, REPEALING SECTION 17.20.040(H) AND ADOPTING A REVISED SECTION 17.20.040(H) OF THE SOLANA BEACH MUNICIPAL CODE

TO PROVIDE FOR REGULATIONS CONCERNING CHICKEN AND BEE

NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains as follows:

APIARY – an apiary is a collection of hives or colonies of bees kept for their honey.

ANIMAL:

The run is an attached, or outdoor fenced area where chickens can walk, scratch the dirt and eat during the day.

Section 3. Section 17.20.040(H) of the Solana Beach Municipal Code is amended to read as follows:

Item K.5
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17.20.040 Specific requirements.

H. Animals and Pets.

1. The keeping of animals out-of-doors accessory to a residential use shall be limited as follows:

Table 17.20.040-A
Animal Regulations, Residential Zones
Type of Animal
Minimum
Site Area
Required
(square feet)
Minimum
Site Area
Per Animal
(square feet)
Maximum
Number of
Animals on
any Site
Zones Allowed
(a) Horses, mules, donkeys, ponies
or other large animals*
20,000 10,000 6 ER-1, ER-2, LR
(b) Goats, sheep, pigs, and other
small animals*
20,000 10,000 6 ER-1, ER-2, LR
(c) Cats none 1,250 4 All Res. Zones
(d) Dogs none 1,250 4** All Res. Zones
(e) Chickens and small fowl. No
roosters.
none none Minimum 3
Maximum
10 ER-1, ER-2,

LR, LMR,
MR***, MHR***
(f) Rodents or birds none 1,000 25 All Res. Zones
(g) Exotic or wild animals As established by CUP All Res. Zones (h) Apiaries none none 3 hives ER-1, ER-2
2 hives LR, LMR
*Definitions of large and small animals are contained in Chapter 17.08 SBMC (Definitions). **The keeping of five or more dogs in a structure or facility is classified as a kennel [See description of Kennel, SBMC 17.12.010 (D), Use Classification and Regulations.] ***Within the MR and MHR zones, only permitted on lots developed with a single-family residence, not excluding properties with an ADU or JADU, may keep chickens.

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3. All animals, except dogs and cats, must be kept in enclosures. Animal enclosures including pens, coops, hutches, stables, barns, corrals, and similar structures shall be subject to the following regulations:
a. All enclosures must be at least 35 feet from any residential dwelling, school, hospital, or church located on any adjoining parcel. The temporary keeping of animals in conjunction with 4-H, FFA or similar youth programs may be exempted from the minimum distance requirements for a period not to exceed one year with the written approval of surrounding property owners.
b. The keeping of animals, excluding household pets, shall not be permitted in the required front or street side yard setback areas.
c. All enclosures shall be adequate to contain the animals and in all cases animals, including dogs, shall be contained within the boundaries of the property on which they are housed. d. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor.
e. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise or odors which Item K.5
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are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.

Table 17.20.040XX – Chicken Enclosure Location
Required Setbacks from Property Lines*
Zoning Designation Sides Rear**
ER-1a 25 25
ER-2a 25 25
ER-2b 25 25
LRc 25 25
LRd 25 25
LMRc 25 25
LMRd 25 25
MR*** 20 20
MHR*** 20 20
Additional Setback Requirements Related to Overlay Zones Overlay Zones
HOZ 15-foot setback from top / toe of slope
ESHA 15-foot setback from ESHA
* If the required setbacks from side and/or rear property lines cannot be met, property owners shall obtain signatures from adjoining, affected neighbors.
** If the rear property line abuts common open space, the setback may be reduced to 10 feet
*** Only permitted on lots developed with a single-family residence, not excluding those with an ADU and/or JADU. d. The enclosure, or coop, shall provide a minimum of 10 square feet for each chicken. 1) The coop shall include both housing area for nesting and sleeping and run area for movement.
2) Coops that comply with SBMC 17.08 allowing a one-story detached accessory structure, 120 square feet or less, are not required to obtain a building permit. e. All chickens and quail shall be contained within the boundaries of the property on which they are housed.

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f. All enclosures shall be well-ventilated and easily cleaned. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor. (Please refer to SBMC Chapter 6.20 for proper disposal practices as per the City’s franchise agreement.)
g. All enclosures shall be pest-controlled.
h. All enclosures shall be predator-proof.
i. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise or odors which Item K.5
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are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.

5. All bees must be kept in a beehive that allows them to form colonies. Beehives, bee boxes, and similar structures shall be subject to the following regulations:

Table 17.20.040XX – Apiary Location
Required Setbacks from Property Lines*
Zoning Designation Front Sides Rear**
ER-1 X 25 25
ER-2 X 25 25
LRc X 25 25
LRd X 25 25
LMRc X 25 25
LMRd X 25 25
Additional Requirements Related to Overlay Zones
Overlay Zones
HOZ
ESHA
Hives may be located in existing level
and vegetation free areas within the
HOZ and/or ESHA. No grading or
vegetation removal is permitted to
accommodate hives.

X – Apiaries are not permitted between the front property line and the primary structure.
* If the setbacks from side and/or rear property lines cannot be met, property owners shall obtain signatures from adjoining, affected neighbors.
** If rear property line abuts common open space, the setback can be reduced to 10 feet.
a. Beehives may be located in the buildable area behind the primary structure or within the rear yard setback and shall be setback 25 feet from the rear and side property lines.

Beehives shall not be located within the required front or side yard setbacks. b. A clean, reliable, water source, such as a shallow basin with landing spots, shall be provided within 100 feet of the hive.
c. Beekeepers shall register with the San Diego County Agricultural Commissioner, comply with all state regulations and complete the following:
a. BMP Checklist for Beekeeping
b. Complete University of California Cooperative Extension (UCCE) online beekeeping course
Section 12. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the Item K.5
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environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Solana Beach, California, on the 30th day of September, 2026; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ____ day of September, 2026, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
____________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ ____________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item K.5
From: Kristin Brinner >
Sent: Monday, 28 Sep 2026 08:49 AM
To: [email protected]; [email protected] CC: Chris Wakeham >; Oanh Dang >; Katharine Lundby
>
Subject: support for KS: Keeping of Residentia l Ch ickens and Bees CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To whom it may concern,
Please accept this letter of suppo1t for the Keeping of Residential Chickens and Bees Amendment to be heard at the upcoming Special City Council Meeting.

Sincerely,
Kristin Brinn er ( and my neighbors)
support for KS: Keeping of Residential Chickens and Bees Item K.5
To: [email protected]
Subject: Public Comment: Support for Agenda Item K.5 – September 30, 2026 City Council Meeting (Ordinance 546 / Chicken and Beekeeping Regulations) Date: September 26, 2026
To: Honorable Mayor Heebner and Solana Beach City Councilmembers Re: Item K.5. Support for Ordinance 546 Introduction (1st Reading) – Amending Chapter 17 Article 20 of the Solana Beach Municipal Code Relating to Residential Chickens and Beekeeping
Dear Mayor Heebner and Members of the City Council,
We are writing to express our strong support for Ordinance 546, which amends Chapter 17 Article 20 of the Solana Beach Municipal Code to update regulations for residential chickens and introduce guidelines for beekeeping.

We appreciate the City Council and staff reviewing community feedback and updating the ordinance to allow residents across additional zoning districts—including MR and MHR zones—to keep chickens.

The proposed Ordinance 546 explicitly permits chicken keeping within ER-1, ER-2, LR, LMR, MR, and MHR zones. Extending these opportunities to single-family lots within MR and MHR zones ensures equitable access across neighborhoods while maintaining appropriate standards.

Additionally, Ordinance 546 establishes a well-balanced, practical framework:
● Chickens: Eliminating the restrictive 20,000 sq. ft. minimum lot area, establishing a reasonable flock size (minimum 3, maximum 10), prohibiting roosters, and defining clear coop construction, setback, HOZ, and ESHA requirements. ● Beekeeping: Establishing new, clear guidelines for apiaries (up to 2–3 hives in ER and LR zones) with safe setback requirements, mandatory registration with the San Diego County Agricultural Commissioner, completion of a UCCE beekeeping course, and adherence to county BMPs.

Thank you to City Staff and the City Council for your responsiveness to community feedback.

We respectfully urge the City Council to adopt Ordinance 546 at the upcoming September 30, 2026 meeting.

Item K.5
Sincerely,
Kristin Brinner & Chris Novak
Barbara Ave, Solana Beach
Chris & Sunday Wakeham
Cliff St
Oanh Dang & Ben Good
Barbara Ave
Katharine Lundby
N Granados Ave
Residents of Solana Beach
Item K.5
From:

Sent:

To:

Subject:

Fam ily Limmer
Monday, 28 Sep 2026 02 :S3 PM
[email protected]
Publ ic Comment: Support for Agenda It em K.5 - September 30, 2026 City Council Meeting {Ordinance 546 / Chicken and Beekeeping Regulations)
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know t he content is safe.

Hi Angela,
Would you please include the attached letter in the public comments for this week's city council meeting Agenda Item K.5?
Thank you!
Kirsten Limmer
Public Comment: Support for Agenda Item K.5 - September 30, 2026 City Council Meeting (Ordinance 546 / Chicken and Beekeeping Regulations)
Item K.5
To: [email protected]
Subject: Public Comment: Support for Agenda Item K.5 – September 30, 2026 City Council Meeting (Ordinance 546 / Chicken and Beekeeping Regulations) Date: September 28, 2026
To: Honorable Mayor Heebner and Solana Beach City Councilmembers Re: Item K.5. Support for Ordinance 546 Introduction (1st Reading) – Amending Chapter 17 Article 20 of the Solana Beach Municipal Code Relating to Residential Chickens and Beekeeping
Dear Mayor Heebner and Members of the Solana Beach City Council, We are writing in support of Agenda Item K.5 and the introduction of Ordinance 546 updating Solana Beach’s regulations for residential chickens and beekeeping.

Allowing residents to keep a small number of backyard hens is not a novel policy. It is already permitted in neighboring communities throughout our region, including Encinitas and the City of San Diego. These cities demonstrate that backyard chickens can be successfully accommodated in residential neighborhoods through reasonable limits on flock size, coop placement, sanitation, and the prohibition or regulation of roosters.

For example:
• Encinitas permits up to 10 poultry by right in its listed residential zones. Its regulations focus primarily on responsible placement and management of animals, including requiring animal enclosures to be at least 35 feet from a dwelling on an adjacent property. Larger flocks are possible under additional permitting requirements. • The City of San Diego has allowed backyard chickens since 2012. Most single-family properties may keep up to five chickens with ordinary residential setbacks, and as many as 15 chickens are permitted when the coop is at least 15 feet from property lines. Roosters are prohibited. Rather than requiring unusually large lots, San Diego addresses potential impacts through standards for coop location, cleanliness, ventilation, predator protection, and adequate enclosure space.

These neighboring policies provide useful real-world examples of a regulatory approach that focuses on the actual potential impacts of keeping chickens rather than simply the size of the property.

Ordinance 546 takes a similarly thoughtful approach. Eliminating Solana Beach’s existing 20,000-square-foot minimum lot requirement while establishing a maximum flock size, prohibiting roosters, and requiring appropriate coop construction and setbacks allows residents to keep hens while continuing to protect neighboring properties.

There are also meaningful benefits to allowing small backyard flocks. According to the City of San Diego's urban-farming program, a healthy adult hen can lay as many as 300 eggs per year.

The City also identifies reduced transportation and packaging associated with store-bought eggs and the ability to compost chicken manure as benefits of residential chicken keeping.

Just as importantly, backyard hens can give families and children a direct connection to food production, animal care, gardening, and composting.

Item K.5
Solana Beach is particularly well suited to this type of small-scale urban agriculture. We are a community that places a high value on sustainability, environmental stewardship, local food, and thoughtful use of residential outdoor space. A small flock of hens can complement vegetable gardens, fruit trees, composting, and other sustainable practices already common in our community.

Of course, backyard chickens need to be kept responsibly. Concerns about noise, odor, pests, sanitation, and impacts on neighbors are legitimate reasons for sensible regulations. They are not, however, reasons to prohibit responsible chicken keeping on ordinary residential lots.

Ordinance 546 directly addresses these concerns through flock limits, the prohibition of roosters, enclosure and setback requirements, and other standards.

We also appreciate that the proposed ordinance expands eligibility beyond Solana Beach’s lowest-density residential zones. Residents living on appropriately situated properties in MR and MHR zones should not necessarily be excluded simply because of their zoning designation. Applying objective standards to the property and the manner in which chickens are kept is a more practical approach.

Our neighboring communities have already demonstrated that residential chickens and residential neighborhoods can successfully coexist. Ordinance 546 gives Solana Beach the opportunity to modernize its regulations while retaining clear protections for neighbors and the environment.

We respectfully support the introduction of Ordinance 546 and encourage the Council to move it forward.

Thank you for your consideration and for the work City staff and Council have put into developing a balanced ordinance.

Sincerely,
Solana Beach Residents:

Kirsten and Karl Limmer
Jenna Wolfe-Dellamano
Jessica and Mark Mariani
Kelly and Troy Flowers
Marjorie and Chris Newman
Julia Minocha
Alicia Christiansen
Lynn Lewin
Raha and Kevin Shaw
Allison Walker
Shawna McGarry
Amanda Goldberger
Erica Carlin
Kacie and Chris Hagopian
Item K.5
COUNCIL ACTION:
_______________________________________________________________________ AGENDA ITEM # K.6.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Alyssa Muto, City Manager
MEETING DATE: September 30, 2026
ORIGINATING DEPT: City Manager Department
SUBJECT: Public Hearing: Single Use Plastics Update - Ordinance 541 Introduction (1st Reading)

BACKGROUND
The City of Solana Beach has a long history of implementing policies in support of environmental stewardship and sustainable practices. In 2012, the City became the first jurisdiction in San Diego County, and one of the first in the State, to adopt an ordinance to discourage the use and distribution of single-use plastic bags with the Plastic Bag Use Reduction Ordinance (Ordinance 435). In 2015, the City adopted Ordinance 466 regulating the use of certain polystyrene products. In 2019, the City adopted Ordinance 504, amending Title 5 of the Solana Beach Municipal Code (SBMC) to further limit single-use plastics and waste, including the prohibition of food service ware that is not recyclable or compostable; prohibition of single-use straws, utensils, and other smaller items made with plastic; and requirement for food vendors to distribute common single-use food accessories only upon request.

In 2017, the City adopted a Climate Action Plan (CAP) to address climate change and create an action plan to reduce greenhouse gas (GHG) emissions, aligned with State goals. The City later adopted an updated CAP in 2024, adapting to new best practices and technologies. Solid waste accounts for three percent of the City’s GHG emissions and is supported by the Utilize Circular Economy & Food Systems Pathway within the CAP, which has set a goal of diverting 90% of waste generated in Solana Beach from the landfills by 2045 (Measure W-1).

In addition to the GHG emissions generated by waste disposed of in the landfill, singleuse plastics are also commonly littered – not even making it into the landfill and ending up as plastic pollution in the city and on the beach. This results in 11 million metric tons of plastic pollution entering the ocean each year. Beach cleanup efforts in San Diego have found that the majority of beach litter is small fragments of plastic that degrade into microplastics. These tiny particles permeate our coastlines and have spread to our waterways, food systems, soil, drinking water, air, and nearly every ecosystem on the Item K.6
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Single Use Plastics Ordinance Update

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planet.1 Studies have detected microplastics in seafood, bottled and tap water, tea bags, coffee pods, and more, raising significant environmental and public health concerns.2 Since the City’s ordinance prohibiting the use of expanded polystyrene and non-recyclable plastic disposable food service ware was adopted in 2019, other jurisdictions throughout San Diego County, including the cities of Carlsbad, Coronado, and Del Mar, have adopted local regulations that have taken previously adopted food service ware ordinances a step further to prohibit the use of recyclable non-compostable plastic food service ware (Attachment 3). In other words, all food service ware must be reusable or compostable.

The San Diego Chapter of the Surfrider Foundation offers the Rise Above Plastics (RAP) Program, which supports volunteers in reducing plastics in their communities. RAP spoke during oral communications to the Council in December 2025, to support strengthening the City’s plastic reduction policies, similar with our neighboring cities. Additionally, 5 Gyres, a nonprofit organization focused on plastic pollution reduction, reached out to the City in April 2026, to request City consideration of a resolution in support of eliminating microplastics.

The Cities of San Clemente and Laguna Beach have already adopted similar resolutions in response to 5 Gyres advocacy.

City staff conducted preliminary research on compliance with the current single-use plastic ban ordinance, by sending out a survey to all food service businesses who maintain a business license in Solana Beach (55 food service businesses). The response rate was approximately 30% (17 responses), all responses were anonymous. Out of the responses received, the survey revealed that the majority of food service ware is only distributed upon request, and that most items are either paper or fiber-based compostable. The most common plastic materials still used are straws and utensils.

This item is before City Council to consider the introduction of Ordinance 541 (Attachment 1) to amend Chapter 5.03 of the Solana Beach Municipal Code to prohibit single-use, noncompostable food service ware and Resolution 2026-103 (Attachment 2), supporting statewide legislation to prohibit or phase out intentionally added microplastics in products.

DISCUSSION
Nearly all plastic ever created still exists. While some plastic may be recyclable, globally, less than 10% of plastic waste ends up being recycled3, ending up in the landfill or as litter.

As a coastal community, litter often ends up on our beach and in our oceans. It is estimated that there are over five trillion pieces of plastic in the ocean, which has contributed towards an approximate 5 grams of plastic ingested by the average person each week.4 While local governments can reduce certain sources of plastic pollution (like food service ware), there 1 Surfrider Foundation, San Diego County 2024 Marine Debris Report, July 2025, https://www.surfrider.org/media/press-releases/surfrider-foundations-2024-beach-cleanup-report 2 Zhang et. al, Effects of plastic residues and microplastics on soil ecosystems: A global meta-analysis, August 2022
3 Greenpeace, Circular Claims Fall Flat Again, October 2022, https://www.greenpeace.org/usa/circularclaims-fall-flat-again/ 4 World Wildlife Fund, No Plastic In Nature: Assessing Plastic Ingestion from Nature to People, June 2019 Item K.6
September 30, 2026
Single Use Plastics Ordinance Update

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is limited authority to regulate the manufacture, labeling, and Statewide distribution of some consumer products that contribute to microplastic pollution. City staff have prepared a draft Resolution for Council to consider that encourages the State to enact legislation reducing microplastic pollution and pursue a coordinated statewide approach.

The City already regulates plastic bags, polystyrene containers and packaging materials, and single-use plastics. Prohibiting recyclable plastics in the City’s regulation would reduce the global impact of plastic production and prevent microplastics. The primary difference between Chapter 5.03 as it is currently written and the proposed ordinance is the expansion of the prohibition to all plastic food service ware, whether it be single-use or recyclable. Under the proposed ordinance, all distributed food service ware must be reusable or compostable.

Under the proposed ordinance, compostable materials will be defined as compostable materials that are compliant with EDCO’s anerobic digester composting facility, through which the City’s organic waste is processed. Permissible materials would include paper containers and straws that are not coated in plastic and untreated wood or bamboo products. Staff will continue to work with EDCO to ensure that the City communicates what materials are compostable with EDCO’s compost capabilities and facilities. This collaboration is important because some bioplastics are marketed as “compostable”, but are incompatible with EDCO’s anerobic digestor facility, which converts compostable organic materials into renewable natural gas and compost that can be applied to residents’ gardens. Impermissible materials include “compostable” plant-based materials such as corn or potato starch. These “compostable” Number 7 plastics are not currently recyclable or compostable by EDCO.

Comparison to Other Ordinances
City staff has researched and reviewed similar single-use plastic regulations passed in the following neighboring jurisdictions to inform the proposed ordinance to regulate the use of all non-compostable food service ware on City property and at City-sponsored events. A full chart can be found in Attachment 3.
• Del Mar
Chapter 11.40, Single-Use Disposable Food Service Ware Regulations In 2025, Del Mar’s City Council adopted an ordinance to repeal and replace its municipal code to prohibit the use of expanded polystyrene and single-use, noncompostable disposable food service ware, and the use of single-use plastic bottles at City facilities and City-sponsored events.
• Carlsbad
Chapter 6.20, Phased-In Single-Use Plastic Foodware Ban In 2022, Carlsbad adopted an ordinance that restricts the use of single-use plastic foodware in the city through a phased approach. Like Solana Beach, Carlsbad prohibited the use of products that are not recyclable or compostable. Carlsbad’s approach was divided into two phases: Stage I (“Skip the Stuff,” effective June 1, 2022), and Stage II (full prohibition, effective July 1, 2023).

Item K.6
September 30, 2026
Single Use Plastics Ordinance Update

Page 4 of 5 ends

“Skip the Stuff”, which refers to Assembly Bill 1276, requires food establishments to provide food and beverage accessories only upon request and use only reusable foodware for on-site dining. The full prohibition of expanded polystyrene and single-use plastic foodware took place via local ordinance. • Coronado
Chapter 36.28, Polystyrene and Single-Use Plastics Regulations In early 2025, Coronado’s City Council adopted an ordinance amending its municipal code related to polystyrene and single-use plastics regulations. The ordinance was revised in October 2025 to eliminate confusion regarding the inclusion of the term “recyclable” in several sections of the ordinance that may have been interpreted to allow single-use, recyclable plastics. “Compostable” plastics are considered Number 7 plastics, and these materials are not compatible with Coronado’s solid waste hauler’s composting facilities.

Implementation and Outreach
After the introduction of the ordinance on September 30, 2026, and assuming it is adopted by the Council at the second hearing (October 14, 2026), the new regulations would take effect after 30 days on November 14, 2026. Consistent with the implementation of past plastic reduction ordinances, staff recommends offering an enforcement “grace period” of an additional six months for the City and impacted businesses to exhaust existing inventories of non-compliant single-use food service ware, as well as the concurrent time needed to procure new compliant materials.

The City will conduct outreach in support of the implementation of the proposed ordinance through its standard communications channels, the City of Solana Beach website, the City’s ‘Weekly Update’ newsletter, and in partnership with EDCO. The City will also send letters to all food service providers with a business license in Solana Beach informing them of the updated regulations. Education and outreach materials regarding the new requirements will be included in this communication.

CEQA COMPLIANCE STATEMENT
Not a project as defined by CEQA.

FISCAL IMPACT
There is no fiscal action to be taken by the City Council related to this agenda item. If approved, the cost of ordinance implementation is expected to be minimal and will be covered with funds and staff time in the City’s existing approved operating budget.

WORK PLAN
This item is consistent with Item 3.1.9 Single-Use Plastic Ordinance of the Environmental Sustainability Section in the FY 2026/27 Work Plan.

Item K.6
September 30, 2026
Single Use Plastics Ordinance Update

Page 5 of 5 ends

OPTIONS
• Approve Staff recommendation.
• Approve Staff recommendation with alternative amendments / modifications. • Deny Staff recommendation and provide further direction.

CITY STAFF RECOMMENDATION
Staff recommends that the City Council consider introduction of Ordinance 541 and adoption of Resolution 2026-103:

1. Ordinance 541 amends SBMC Chapter 5.03 to expand the ban on single-use plastics.

2. Resolution 2026-103 encourages the State of California to take swift affirmative action to address concerns related to microplastics.
_________________________
Alyssa Muto, City Manager
Attachments:

1. Ordinance 541

2. Resolution 2026-103

3. Surfrider Summary Chart on Single-Use Policies in San Diego County Item K.6
ATTACHMENT 1
ORDINANCE 541

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, AMENDING TITLE 5 OF THE

SOLANA BEACH MUNICIPAL CODE REGARDING REGULATION

OF FOOD SERVICE WARE, POLYSTYRENE AND PLASTIC

BOTTLED BEVERAGES IN FURTHERANCE OF PROTECTING

THE ENVIRONMENT AND REDUCING SINGLE-USE PLASTICS

AND WASTE
WHEREAS, the City of Solana Beach is a leader in sustainability, and takes action to protect our natural resources, divert waste from landfills, reduce greenhouse gas emissions, and has engaged in ongoing efforts to reduce or limit products that are harmful to the environment; and
WHEREAS, the City of Solana Beach adopted a Climate Action Plan in 2017, later updated in 2024, to reduce greenhouse gas emissions in the City; and WHEREAS, this Ordinance aims to support the City’s goal to divert 90% of its waste from the landfill by 2045 in accordance with the Climate Action Plan; and WHEREAS, single-use, non-compostable plastic waste generated by materials distributed by food providers, businesses, and vendors often ends up on local beaches, lagoons and oceans; and
WHEREAS, plastics break down into ever smaller pieces through photo-, physical, and biological degradation processes, that persist in the environment for hundreds of years and enter the food chain when animals ingest the pieces believing they are food; and
WHEREAS, the City of Solana Beach previously took action in 2012, 2015, and 2019 to prohibit single-use carry-out bags and food providers from dispensing prepared food to customers in disposable food service ware made from expanded polystyrene or non-recyclable plastic; and
WHEREAS, the purpose of this Ordinance is to encourage the use of oceanfriendly products that do not have a detrimental effect on the natural environment or character of the community; and
WHEREAS, this Ordinance updates Title 5 of the Solana Beach Municipal Code to provide for expanded prohibitions on the use and distribution of all single-use and recyclable plastic materials; and
Item K.6
Ordinance 541
Single Use Plastics Ordinance Update
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does ordain as follows:

Section 1. All of the above statements are true; and
Section 2. Chapter 5.03.010 is hereby amended to read as follows (the strikethrough text represents deleted language and the underlined text represents new language):

The city of Solana Beach is a coastal community which strives to protect and improve the environment in many ways. Refuse found and collected along San Diego County coasts is primarily comprised of plastics. Regulating the use of single-use disposable items within the city will reduce the amount of plastics that enter the environment and the ocean. With the implementation of this chapter, the city has the opportunity to reduce the amount of plastics that end up in the ocean. The goal is to eventually eliminate single-use products that are not reusable recyclable or compostable within the city and reduce the use of single-use products in general. To that end, residents, visitors, and businesses in the city are encouraged to minimize the use and distribution of single-use plastic products and unnecessary plastic product packaging.

Section 3. Chapter 5.03.020 Z-AB is hereby amended to read as follows (the strikethrough text represents deleted language and the underlined text represents new language):

Z. “Reusable” means items manufactured out of durable materials to be used repeatedly over an extended period of time and are able to be washed and sanitized in accordance with applicable laws and regulations.

Z AA. “Reusable cup” means a cup or container for a beverage, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

AAB. “Single use” means designed to be used once and discarded, and not designed for repeated use and sanitizing. (Ord. 504 § 2, 2019; Ord. 466 § 2, 2015. Formerly

5.03.010)
Section 4. Chapter 5.03.030 A is hereby amended to read as follows (the strikethrough text represents deleted language and the underlined text represents new language):

A. Effective November 1, 2020 nNo person may sell, offer for sale, or otherwise distribute within the city:

1. Any food service ware that is made, in whole or in part, from polystyrene foam; or
Item K.6
Ordinance 541
Single Use Plastics Ordinance Update

2. Any food service ware that is not compostable or reusable recyclable; or

3. Any single-use beverage straws, utensils, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic.

B. Notwithstanding subsection A of this section, the following food service ware types are permissible:

1. Non-compostable foil wrappers (such as those necessary to contain and form the prepared food, such as burritos or wraps), provided that the foil is accepted in the city’s recyclable materials collection program.

Section 5. Chapter 5.03.040 A-D is hereby amended to read as follows (the strikethrough text represents deleted language and the underlined text represents new language):

A. Effective November 1, 2020 fFood vendors may not sell, offer for sale, or otherwise distribute prepared food using food service ware:

1. If the food service ware is made, in whole or in part, from polystyrene foam; or

2. If the food service ware is not compostable or reusable recyclable; or

3. Any single-use beverage straws, utensils, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic.

B. City facility food providers may not use food service ware to provide prepared food to city facilities:

1. If the food service ware is made, in whole or in part, from polystyrene foam; or

2. If the food service ware is not compostable or reusable recyclable; or

3. Any single-use beverage straws, utensils, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic.

C. City departments may not purchase, acquire, or use food service ware for prepared food:

1. If the food service ware is made, in whole or in part, from polystyrene foam; or

2. If the food service ware is not compostable or reusable recyclable; or

3. Any single-use beverage straws, utensils, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic.

D. City contractors, lessees and permitees may not use or distribute food service ware for prepared food in city facilities or while performing under a city contract or lease:

1. If the food service ware is made, in whole or in part, from polystyrene foam; or Item K.6
Ordinance 541
Single Use Plastics Ordinance Update

2. If the food service ware is not compostable or reusable recyclable; or

3. Any single-use beverage straws, utensils, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic.

E. Notwithstanding subsection A-D of this section, the following food service ware types are permissible:

1. A food service provider may use non-compostable foil wrappers if those wrappers are necessary to contain and form the prepared food (e.g. for burritos or wraps), provided that such wrappers are accepted in the city’s recyclable materials collection program.

Section 6. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken “to assure the maintenance, restoration, enhancement and protection of the environment” and pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED at a regular meeting of the City Council of the City of Solana Beach, California held on the 30 day of September, 2026, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the 14 day of October 2026, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
Item K.6
Ordinance 541
Single Use Plastics Ordinance Update
____________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________________ ___________________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item K.6
ATTACHMENT 2
RESOLUTION 2026-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CALLING UPON THE

GOVERNOR OF THE STATE OF CALIFORNIA TO TAKE

SWIFT AFFIRMATIVE ACTION TO ADDRESS

MICROPLASTICS, INCLUDING BUT NOT LIMITED TO FOOD

AND BEVERAGE, INTENTIONALLY ADDED

MICROPLASTICS IN COSMETICS, AND MICROFIBERS
WHEREAS, the City of Solana Beach recognizes that microplastics, or plastic particles smaller than five millimeters, are pervasive contaminants found in waterways, soil, food systems, drinking water, marine ecosystems, and the air; and WHEREAS, studies by Zhang et al. (2020) and Hernandez et al. (2019) have detected microplastics in seafood, bottled and tap water, tea bags, coffee pods, salt, and other commonly consumed food and beverages, raising significant public health and environmental concerns; and
WHEREAS, microplastics are shed from a variety of consumer products including but not limited to plastic-based tea bags, synthetic kitchenware and cutting boards, food and beverage packaging, and synthetic textiles that release microfibers during washing; and
WHEREAS, California has historically led the nation in environmental protection and pollution prevention, including landmark plastic reduction policies and extended producer responsibility frameworks such as SB54; and
WHEREAS, the City of Solana Beach has long implemented policies in support of sustainable practices and pollution prevention, being the first city in San Diego County to adopt an ordinance to discourage the use and distribution of single-use plastic bags; and WHEREAS, in 2019, the City adopted a single-use plastics ban ordinance limiting single-use plastics and waste, including the prohibition of food service ware that is not recyclable or compostable, prohibition of single-use straws, utensils, and other smaller items made with plastic, and requires food vendors to distribute common single-use food accessories upon request; and

WHEREAS, the City of Solana Beach is a coastal community, committed to protecting its coastline through beach nourishment projects, and strives to maintain sand that is free of contaminants, including microplastics; and WHEREAS, protecting public health, safeguarding California’s waterways and coastline, and advancing environmental justice requires urgent, science-based action to prevent microplastic pollution at its source; and
Item K.6
Resolution 2026-103
Microplastic Prevention Resolution

Page 2 of 2 ends

WHEREAS, local governments lack sufficient regulatory authority to comprehensively address the manufacture, distribution, and sale of products contributing to microplastic pollution and therefore call upon the State of California for coordinated statewide leadership; and
NOW, THEREFORE, the City Council of the City of Solana Beach, California hereby finds, determines, and resolves as follows:

1. That the above recitations are true and correct.

2. That the City Council calls upon the Governor of the State of California to take swift and affirmative action to support legislation to prohibit or phase out intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances, if and when successfully passed by the California Assembly and Senate.

3. That the City Council supports clear labeling standards to inform consumers about products that may release microplastics, as well as extended producer responsibility requirements for manufacturers whose products contribute to microplastic pollution.

4. That the City Council also calls upon the Governor to coordinate with state agencies, including but not limited to the California Environmental Protection Agency and the State Water Resources Control Board, to implement enforceable microplastic reduction targets.

PASSED AND ADOPTED this day of September 30th, 2026, at a special meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –

______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Item K.6
Single-Use Plastic Reduction Ordinances Comparison Chart for San Diego County ✅+ = in place and above and beyond ✅ = in place ✅− = in place but narrower than benchmark 🆇 = not in place Ordinance
Component
Solana Beach Coronado Del Mar Carlsbad Encinitas Oceanside Vista Imperial Beach San Marcos City of San Diego
Foodware must
be reusable or
compostable.
“Recyclable”
plastic
containers are
not allowed.

🆇 ✅ ✅ ✅ 🆇 🆇 🆇 🆇 🆇 🆇
Bans single-use
plastic carryout
bags at all retail
and restaurants
citywide
✅ ✅ ➕
All businesses
citywide may only
provide recyclable
paper carryout bags
✅ ✅ ✅ ✅ 🆇 ✅ 🆇 🆇
Polystyrene
foam ban for
restaurants
✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅
Bans retail sales
of polystyrene
foam foodware
and other foam
products
✅ ✅ ✅ 🆇 ✅ ✅ Staff directed to
draft ordinance on
8/18/26
✅ 🆇 ✅
Ban on plastic
accessories
✅ ✅ ➕
Also applies to
retail sales
✅➖
No plastic straws or
stirrers
✅ ✅➖
No plastic straws
🆇 🆇 ✅
Allows,
biodegradable
compostable, or
recyclable
✅
Allows,
biodegradable
compostable, or
recyclable
✅
Allows,
biodegradable
compostable, or
recyclable
No plastic
beverage bottles
City property or
City-affiliated
events
✅ ✅ ✅ ✅ ✅ 🆇 ✅ 🆇 🆇 🆇
Prohibits
Lighter-than-air
balloon sale and
release ban
✅ ✅ ✅ ✅➖
Ban on balloon
releases only
✅ 🆇 🆇 🆇 🆇 🆇
Attachment 3
Item K.6
From: Kristin Brinner
Sent: Monday, 28 Sep 2026 08:46 AM
To: [email protected]; [email protected] CC:

Subject:

Danh Dang
<---------·
; Katharine Lundby <
support for K6 : Single Use Plastics Ordinance Update
; Chris Wakeham
CAUTION: External e-mail. Do not click links or o pen attachments unless you recognize the sender and know t he content is safe.

To whom it may concern,
Please accept this letter of suppoli for the Single Use Plastics Ordinance to be heard at the upcoming Special City Council Meeting.

Sincerely,
Kristin Brinner (and my neighbors)
support for K6: Single Use Plastics Ordinance Update
Item K.6
To: [email protected]
Subject: Public Comment: Support for Agenda Item K.6 – September 30, 2026 City Council Meeting (Ordinance 541 & Resolution 2026-103)
Date: Sep 28, 2026
To: Honorable Mayor Heebner and Solana Beach City Councilmembers Re: Agenda Item K.6 – Public Hearing: Single-Use Plastics Ordinance Update (Ordinance 541) and Microplastic Prevention (Resolution 2026-103)
Dear Mayor Heebner and Members of the City Council,
We are writing as residents of Solana Beach to express our strong support for the adoption of Ordinance 541 to expand our city's single-use plastic restrictions. Mandating compostable or reusable food serviceware is a crucial step forward in protecting our local watershed, curbing coastal pollution, and safeguarding public health from hazardous plastic waste.

In addition to passing new restrictions, we also encourage the City Council to step up enforcement of our existing single-use plastic regulations. Although these bans were passed over a decade ago, many local businesses continue to provide single-use plastic bags with takeout orders, undermining the progress our community has worked so hard to achieve.

Additionally, we fully support Resolution 2026-103. Advocating for statewide action against microplastics—specifically targeting intentionally added microplastics in personal care and household items, as well as pushing for microfiber filtration in washing machines—will address plastic pollution right at its source.

By taking these decisive steps, Solana Beach will reinforce its position as a proactive leader in sustainability and environmental protection, setting a standard for neighboring coastal communities to follow.

Thank you for your dedication to protecting our environment and for considering our input. We strongly encourage you to pass both Ordinance 541 and Resolution 2026-103.

Sincerely,
Kristin Brinner & Chris Novak
Barbara Ave
Oanh Dang & Ben Good
Barbara Ave
Katharine Lundby
N Granados Ave
Chris & Sunday Wakeham
Cliff St
Item K.6
From: Ben Rubenson
To: City Clerks Dept (clerkoffice)
Subject: Agenda Item #K.6 Sept. 30, 2026
Date: Sunday, September 27, 2026 6:03:11 PM
Dear Mayor Heebner and City Councilmembers,
As a long time resident of North County San Diego and frequent visitor to Solana Beach, I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

I also urge you to adopt Resolution 2026-103, encouraging State-wide action to address microplastics, including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.” Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Sincerely,
Ben Rubenson
Surfrider Foundation, San Diego Chapter
Item K.6
From: San Diego Vice Chair
To: City Clerks Dept (clerkoffice)
Subject: Support Agenda Item K.6 on Sept. 30
Date: Sunday, September 27, 2026 11:35:37 AM
Some people who received this message don't often get email from [email protected]. Learn why this is important
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Heebner and City Councilmembers,
I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health. Solana Beach has always led the way when it comes to plastic reduction measures and I appreciate and thank you for your environmental leadership.

I also urge you to adopt the resolution supporting statewide action to address microplastics, including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.” Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Vicki Conlon, Executive Committee Vice-Chair, Surfrider Foundation, M:858-761-6008
[email protected]
1-
Item K.6
From: Solana Beach SeaWeeders
To: City Clerks Dept (clerkoffice)
Subject: Support for Resolution 2026-103 to reduce plastic waste Date: Friday, September 25, 2026 3:12:04 PM
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

On behalf of of the SeaWeeders Solana Beach Garden Club, I am writing to support the Solana Beach City Council's proposed ordinance to reduce single-use plastics use by prohibiting single-use, noncompostable food service ware.

It seems clear, from local dining experiences, that several of our community's restaurants also could do better job of organics waste disposal.

Further, we support the proposed resolution to support a statewide prohibition or phase down of "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances."
Thank you for your consideration,
Kathleen Drummond
President
SeaWeeders Solana Beach Garden Club
Item K.6
From: PAMELA GOMEZ
To: City Clerks Dept (clerkoffice)
Subject: September 30 Item K-6 on agenda
Date: Sunday, September 27, 2026 10:49:23 AM
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for your leadership and consideration.

Pamela Gomez
Vista, Ca
Sent from my iPhone
Item K.6
From:

To:

Subject:

Date:

Elizabeth Mosley
City derks Dept ( clerkoffice)
Ordinance 541, Agenda #K6
Friday, September 25, 2026 3:22:08 PM
Dear Mayor Heebner and City Councilmembers,
I have registered to briefly speak for less than 1 minute at the Solana Beach Council meeting September 30th at 6:00 p.m in regards to Agenda K6 I used to work in beautiful Solana Beach and still visit there with friends often. I love the area and I believe ordinance 541 is crucial as well as adopting resolution 2026-103. My concerns are detailed.

I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

Item K.6
I also urge you to adopt Resolution 2026-103, encouraging Statewide action to address microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.''
Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership, time and consideration.

Sincerely yours,
Elizabeth Mosley
■ Persimmon Way
Oceanside, California 92058
Elizabeth
Item K.6
Elizabeth Mos
ley
NCCCA Board Member
Item K.6
From: Mark O"Connor
To: City Clerks Dept (clerkoffice)
Subject: Support for Agenda Item K6, September 30
Date: Sunday, September 27, 2026 3:01:34 PM
Some people who received this message don't often get email from [email protected]. Learn why this is important
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Heebner and City Councilmembers,
Thank you for considering compostable and reusable food serviceware in Solana Beach. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health. In speaking with the executives at EdCo, measures like this will improve the waste stream and keep products out of our landfills too.

I also urge you to adopt the resolution supporting statewide action to address microplastics, including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.” By taking these actions, Solana Beach will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for being such great local leaders,
Mark
Mark O’Connor
Plastic Pollution Program
Surfrider San Diego County
1-
Item K.6
From: Tina Overland
To: City Clerks Dept (clerkoffice)
Subject: Agenda Item #K.6 Sept. 30, 2026
Date: Saturday, September 26, 2026 7:49:35 AM
Dear Mayor Heebner and City Councilmembers,
I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

I also urge you to adopt Resolution 2026-103, encouraging Statewide action to address microplastics, including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.”
Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Sincerely,
Tina N. Overland
Encinitas
Sent from my iPhone
Item K.6
From:

To: City Clerks Dept (clerkoffice)
Subject: Support K.6 on Sept 30
Date: Sunday, September 27, 2026 10:37:42 AM
Dear Mayor Heebner and City Councilmembers,
This is Jenny Parker, co-president of the Solana Beach Eco Rotary Club. As you know, we are Rotarians dedicated to protecting the environment. I am also a physician and worry about the human health impacts of plastic in our environment.

Thank you for your leadership and consideration.

Jenny Parker, M.D.

Item K.6
From: Sirkku
To: City Clerks Dept (clerkoffice)
Subject: Agenda Item #K.6 9/30/2026
Date: Friday, September 25, 2026 2:45:08 PM
Dear Mayor Heebner and City Council Members,
I respectfully urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

Through these actions, the City of Solana Beach will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you!
Sincerely,
Sirkku Pollari
Item K.6
From: M Shoemaker
To: City Clerks Dept (clerkoffice)
Subject: Agenda Item #K.6 Sept. 30, 2026
Date: Friday, September 25, 2026 2:31:35 PM
Subject: Agenda Item #K.6 Sept. 30, 2026
Dear Mayor Heebner and City Councilmembers,
I support Ordinance 541 and ask that Solana Beach City Council to adopt Ordinance 541, requiring compostable or reusable food serviceware.

I also support addressing microplastics as outlined in Resolution 2026-103. I ask that you adopt it.

Thank you for your leadership and consideration.

Sincerely,
Michele Shoemaker
Resident
Item K.6
From:

To:

Subject:

Date:

Rebekah Sophia
City derks Dept ( clerkoffice)
Agenda Item #K.6 Sept. 30, 2026
Friday, September 25, 2026 2:30:52 PM
Dear Mayor Heebner and City Councilmembers,
I mge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541 , which would require compostable or reusable food serviceware. By fmiher reducing unnecessruy single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean while also protecting public health.

I also urge you to adopt Resolution 2026-103, encouraging State-wide action to address microplastics, including "intentionally added microplastics in cosmetics, personal cru·e products, and household goods and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances." Through these actions, the City will demonstrate leadership in environmental stewru·dship and sustainability and continue se1ving as a model for other municipalities.

Thank you for yom leadership and consideration.

Sincerely,
Rebekah Sophia
Pronouns: Ella/She
------------I Linkedln
Item K.6
From: Irene Van
To: City derks Dept ( clerkoffice)
Subject: Please support updated Plastic Reduction Ordinance for Solana Beach Date: Saturday, September 26, 2026 8: 15:05 AM
I urge you to Support an Updated Single-Use Plastic Reduction Ordinance for Solana Beach
Irene Vanhulsentop
Stevens Ave
olana beach ca 92075
Item K.6
From: Susan Burke
To: City Clerks Dept (clerkoffice)
Subject: Support for Agenda Item K.6 on Sept. 30
Date: Monday, September 28, 2026 12:35:31 PM
Dear Mayor Heebner and City Councilmembers,
Thank you for the plastic reduction actions that you have already implemented! I have great respect for you and your forward thinking regarding our lands, animals (including humans), and oceans.

I am writing today to ask that you please expand on your commitment and adopt Ordinance 541. The benefits of compostable products will outlast any of us and become the standard for future generations.

In addition, please adopt the resolution supporting statewide action to address microplastics, including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.” Through these actions, the City will demonstrate continued exceptional leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Susan Burke,
Vista, CA
(Vista has some major catching up to do.)
Item K.6
From: Lori Mendez
To: City Clerks Dept (clerkoffice)
Subject: Request for Council and Mayoral Support for Agenda Item K.6 on Sept. 30 Date: Monday, September 28, 2026 12:54:04 PM
Attachments: image001.jpg
image002.jpg
Dear Mayor Heebner and City Councilmembers:

As a longtime San Diego County resident, environmentalist, climate-change advocate, and advocate for both human and non-human animals, I urge the Solana Beach City Council to expand its ban on single-use plastics by adopting Ordinance 541, which would require locally compostable or reusable food service ware.

Recycling has proven to be an inadequate response to the growing problem of plastic pollution. Reduction and reuse are the more effective solutions. As Captain Charles Moore, who discovered the North Pacific Subtropical Gyre, commonly known as the “Great Pacific Garbage Patch,” has warned, there is “no away” once plastics are produced.

Accordingly, we must address plastic pollution as far upstream as possible, at its source. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic waste out of our watershed and, ultimately, the ocean, while also protecting public health.

I strongly believe that when we act locally, we reap benefits locally while also contributing to far-reaching positive impacts. After all, in California we share a coastline with one interconnected ocean. The ocean knows no borders; it spans the globe, carrying and accumulating plastic pollution within its five major gyres. Plastic pollution threatens marine ecosystems and marine life along our coastline and throughout the Pacific, including the most remote pristine places such as the extraordinary and ecologically significant Papahānaumokuākea Marine National Monument.

I also urge the City Council to adopt the resolution supporting statewide action to address microplastics, including measures to restrict intentionally added microplastics in cosmetics, personal care products, and household goods; require microfiber filtration in new washing machines; and support retrofit incentives for existing appliances.

Through these actions, the City of Solana Beach will continue to demonstrate meaningful leadership in environmental stewardship and sustainability while serving as a model for other municipalities.

Thank you for your leadership and consideration.

Respectfully,
Lori Mendez
Lori R. Mendez, Esq., MAS-MBC (SIO-2018)
Law Offices of Lori R. Mendez, P.L.C.
4267 Conner Court
San Diego, CA 92117
[email protected]
Pronouns: she/her/ella
Item K.6
Writer's Direct: 858/205-2433
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Item K.6
From: Mitch
To: City Clerks Dept (clerkoffice)
Subject: Single Use Plastics Ban - Ordinance 541
Date: Monday, September 28, 2026 1:22:52 PM
Subject: Agenda Item #K.6 Sept. 30, 2026
Dear Mayor Heebner and City Councilmembers,
I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

Thank you for your leadership and consideration.

Mitch Green
Sincerely,
Item K.6
From:

Sent:

To:

Subject:

Melissa Morris <[email protected]>
Monday, 28 Sep 2026 05:35 PM
cle rkoffice@cityofso la na beach. ca .gov
September 30, 2026 Meeting Item KG-Public Comment
9-30-26 Mtg Item K.6. (S-17)
Processed 9-29-26
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good evening,
Attached you will find my public comment in support of agenda item K6. Thank you for the opportunity to give testimony on this issue.

If possible, please confirm you received my comment and that it opened for reading.

Respectfully,
Melissa Morris
8000
Melissa Morris
State Advocacy Manager
305-333-9646 (PST) [email protected]
Donate
today to support our mission!
September 30, 2026 Meeting Item K6-Public Comment
Item K.6

WRITTEN TESTIMONY
Honorable Mayor Heebner and Councilmembers,
Thank you for this opportunity to submit a public comment regarding AGENDA ITEM K6. The 5 Gyres Institute supports the Council voting yes on both the proposed resolution and ordinance.

My name is Melissa Morris, and I am the state advocacy manager at the 5 Gyres Institute. Founded in 2010, the 5 Gyres Institute is a nonprofit organization that conducts applied microplastics research and advances science-based policy solutions. Through our Microplastic-Free US campaign, we work to address the growing body of evidence linking plastic pollution, including single-use plastic items, to environmental 1 and human health2 harm. Over the last five months, the cities of San Clemente3 and Laguna Beach4 have adopted Microplastic Prevention Resolutions, signaling a growing movement from local municipalities to reduce harm from microplastics.

In southern California and across the globe, we are confronting pervasive microplastic pollution, with single-use plastic items ranging from utensils to bottles5 as major contributors. As single-use plastics break up, they don't disappear; they just become microplastics.

Microplastics are defined as plastic particles smaller than 5 millimeters and can be thinner than a human hair and invisible to the naked eye. Because of their size, they are nearly impossible to remove once 1 UNEP. (2023). Plastic Pollution & Marine Litter. UNEP - UN Environment Programme. htt ps :/ /www. u nep. o rg/topics/ ocean-seas-and-coasts/ ecosystem-degradation-pol I uti on/plasticpol I ut ion-marine-litter 2 Landrigan, P. J., Dunlop, S., Treskova, M., Raps, H., Christos, S., Muncke, J., Spring, M., Stegeman, J., Almroth, B. C., Chiles, T. C., Cropper, M., Deeney, M., Fuller, L., Geyer, R., Karasik, R., Mafira, T., Mangwiro, A., Matias, D. M., Mulders, Y., ... Rocklov, J. (2025). The Lancet Countdown on health and plastics. The Lancet, 406(10507), 1044-1062. https://doi.org/10.1016/S0140-6736(25)01447-3 3 City of San Clemente Website:
https
://www.google.com/url?q=https://www.sanc1emente.gov/AgendaCenter/ViewFile/1tem/2264?file1D%3 D 13459&sa=D &sou rce=docs& ust= 179061314 717 5830&usg=AOvVaw2 mfH6 Pavd6-YWyf9 n Iva Y H 4 City of Laguna Beach
Websitehttps://www.google.com/url?q=https://www.lagunabeachindy.com/news/council-supportingaction-to-reduce-microplastic-pollution/article f635b557-ac8f-489e-b520- 5a78d5e201d2.html&sa=D&source=docs&ust=l 790613181465932&usg=AOvVawly7MXaFZ8Qs7yYftDK Heim
5 International COASTAL CLEANUP '24-25 Report #SeaTheChange. (n.d.). Retrieved September 28, 2026, from https:// ocea nconserva ncy.org/wp-content/uploads/2025/09/FI NAL_ICCAnnua I Report_Digital. pdf City of Solana Beach Public Comment.docx
Item K.6
they enter the environment. Today, microplastics are found in the air we breathe,6 the water we drink/ and the food we eat8. And microplastics come from a broad array of products on the market, including bottled water. 9
With more than 170 trillion plastic particles estimated10 to be floating in our oceans, the solution must begin on land, by reducing unnecessary plastic production and consumption at the source.

Like most Americans, Californians want change. A 2025 nationwide poll from the 5 Gyres lnstitute11 found that 79% of Americans believe microplastics are an environmental and human health crisis that requires immediate action. A 2022 Oceana poll 12 found that 86% of California voters support local and state policies that reduce single-use plastic.

Public concern is clear. Action is needed.

Reducing demand for single-use plastics decreases exposure to endocrine-disrupting chemicals13 like bisphenol A (commonly known as BPA) and phthalates, both of which are commonly found in plastics and are known to leach
6 (2020). Ciel.Org. https://www.ciel.org/reports/plastic-health-the-hidden-costs-of-a-plastic-planetfebruary-2019/ 7 Sulpizio, J. (2022, August 26). Microplastics in our Waters, an Unquestionable Concern. Penn State Extension. https://extension.psu.edu/microplastics-in-our-waters-an-unguestionable-concern 8 Nur Hazimah, M. N., Merel, K., Diepens, N. J., & Koelmans, A. A. (2021). Lifetime Accumulation of Microplastic in Children and Adults. Environ. Sci. Technol., 55(8), 5084-5096. https://doi.org/10.1021/acs.est.0c07384
9 Qian, N., Gao, X., Lang, X., Deng, H., Bratu, T. M., Chen, Q., Stapleton, P., Yan, B., & Min, W. (2024).

Rapid single-particle chemical imaging of nanoplastics by SRS microscopy. Proceedings of the National Academy of Sciences of the United States of America, 121(3), e2300582121. https:/ /doi.org/10.1073/pnas.2300582121
10 Eriksen, M., Cowger, W., Erdle, L. M., Coffin, S., Villarrubia-G6mez, P., Moore, C. J., Carpenter, E. J., Day, R.H., Thiel, M., & Wilcox, C. (2023). A growing plastic smog, now estimated to be over 170 trillion plastic particles afloat in the world's oceans-Urgent solutions required. PLOS ONE, 18(3), e0281596. https://doi.org/10.1371/journal.pone.0281596
11 Ross, L. (n.d.). FOR IMMEDIATE RELEASE 79% OF U.S. AMERICANS AGREE-THE MICROPLASTICS CRISIS REQUIRES IMMEDIATE ACTION A National Poll Reveals Overwhelming Public Consensus on the Dangers of Microplastics and Support for Solutions. Retrieved September 28, 2026, from https:/ /www .Sgyres.org/s/M icroplastics-Poll-Press-Release. pdf 12 Oceana Poll Finds Californians Support State Policies to Reduce Single-Use Plastic. (2022, November 7). Oceana USA. https://usa.oceana.org/press-releases/oceana-poll-finds-californians-support-statepo I ic ies-to-red uce-s i ng le-use-p I ast ic/ 13 Trasande, L., Roopa Krithivasan, Park, K., Vladislav Obsekov, & Belliveau, M. (2024). Chemicals Used in Plastic Materials: An Estimate of the Attributable Disease Burden and Costs in the United States. Journal of the Endocrine Society, 8(2). https:/ /doi.org/10.1210/jendso/bvad163 14 Bisohenol-A (BPAJ/Bisfenol A (el BPAJ. /2020. Januarv 28\. Columbia Universitv Mailman School of City of Solana Beach Public Comment.docx
Item K.6
By limiting plastic use in city operations, the City of Solana Beach will help reduce potential exposure pathways for our community. You have an opportunity to lead by example.

I respectfully urge you to vote yes on AGENDA ITEM K6. This policy represents a meaningful and practical step toward reducing local plastic pollution while protecting the health of city residents.

I respectfully urge you to vote yes.

Thank you for your consideration,
Melissa Morris
State Advocacy Manager
The 5 Gyres Institute
Public Health. https://www.publichealth.co lum bia.edu/research/ centers/ col um bia-center-childrensenviron mental-hea Ith/ our-research/ environmental-exposu res/bisphenol-bpa-bisfenol-el-bpa City of Solana Beach Public Comment.docx
Item K.6
To:

Subject:

Certain contact information has been redacted from this document for website posting only, It is not redacted on the original public record, unless it is officially exempted by state law.
=tL fficel Comments oo K6 September 30,202.6
Monday, September 28, 2026 7:54:59 PM
Honorable Mayor and City Council,
We support expanding the ban on single -use plastics included in Ordinance 541. Plastic pollution isn'tlimited to one city, but one city can raise the bar and set an example for others to follow. This is an important step in the right direction ! We also ask you to support statewide action to address
microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household
goods, and to require microfiber filtration in new
washing machines and support retrofit incentives for
existing appliances."
We now know that microplastics are impacting the entire marine food chain including humans. These actions will start to limit this ever growing, insidious source of pollution.

We appreciate your leadership on these important
issues!
Diane Nygaard
On Behalf of Preserve Calavera
9-30-26 Mtg Item K.6. (S-18)
Processed 9-29-26
Item K.6
From:

Sent:

To:

Certain contact information has been redacted from this document for website posting only, It is not redacted on the original public record, unless it is officially exempted by state law.

Amanda Timm >
Subject:

Monday, 28 Sep 2026 08:03 PM
[email protected] .gov
Support Agenda Item K.6 on Sep 30
9-30-26 Mtg Item K.6. (S-19)
Processed 9-29-26
CAUTION: External e-mail. Do not click links or open attachments unless you recognize the sender and know t he content is safe.

Dear Mayor Heebner and City Councilmembers,
I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541 , which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean , while also protecting public health.

I also urge you to adopt the resolution supporting statewide action to address microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances." Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Amanda Timm
Support Agenda Item K.6 on Sep 30
Item K.6
From:

To:

Subject:

Date:

Certain contact information has been redacted from this document for website posting only, It is not redacted on the original public record, unless it is officially exempted by state law.

Judith Seib
City derks Dept (clerkoffice)
9-30-26 Mtg Item K.6. (S-20)
Processed 9-29-26
Agenda Item #K.6, Sept. 30, 2026: Please Adopt Ordinance 541 and Resolution 2026-103 Tuesday, September 29, 2026 4:10:08 AM
Agenda Item #K.6, Sept. 30, 2026: Please Adopt Ordinance 541 and Resolution 2026-103
Dear Mayor Heebner and Councilmembers,
My husband, Richard Lang, and I turn the plastic that washes up on beaches into art, so I know all too well: the bottle caps, the forks, the lids, the tiny bright fragments that never go away. Working with this material up close, I have seen how much single-use plastic ends up in our waterways and on our shores, and how hard it is to undo once it's there.

My beachcombing has taught me this: the best place to stop plastic is before it's made, and the next best place is before it's handed across a restaurant takeout counter. Ordinance 541 does exactly that second thing. Requiring compostable or reusable food serviceware keeps one more stream of throwaway plastic out of storm drains, watersheds, and eventually the Pacific.

Please also adopt Resolution 2026-103. The plastic we can see is only half the story. Microplastics slip out of our cosmetics, personal care products, and even our washing machines, and no cleanup crew can gather them back. Urging the State to curb intentionally added microplastics and to require microfiber filters in new washers is common sense, and Solana Beach adding its voice will carry weight.

Solana Beach once again has an opportunity to lead, and other coastal towns are watching, just as they did in 2012 when you passed the first single-use plastic bag ban in the county and in 2015 when you passed the first polystyrene foam foodware ban in the region.

Thank you for your consideration.

Sincerely, Judith
Selby Lang
https://beachplastic.com/
Item K.6
From:

To:

Subject:

Date:

Certain contact information has been redacted from this document for website posting only, It is not redacted on the original public record, unless it is officially exempted by state law.

Petra Beals
City derks Dept (clerkoffice)
Agenda Item K.6, Sept. 30
Tuesday, September 29, 2026 10:37:20 AM
Dear Mayor Heebner and Solana Beach City Councilmembers 9-30-26 Mtg Item K.6. (S-21)
Processed 9-29-26
As a nurse practitioner, I am ve1y concerned about the long-term effects of plastic pollution particularly microplastics, on human health. Microplastics have been detected in human tissues and emerging research raises concerns about potential effects including inflammation, oxidative stress, endocrine disruption, and impacts on cardiovascular, respiratmy, digestive, and reproductive health. While research is ongoing, these concerns support taking a precautionaiy approach to reducing unnecessaiy exposure.

I therefore urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541 , which would require compostable or reusable food serviceware. By fmiher reducing unnecessaiy single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and ultimately, the ocean, while also taking meaningful steps to protect public health.

I also urge you to adopt the resolution suppo1ting statewide action to address microplastics including eliminating intentionally added microplastics in cosmetics, personal cai·e products, and household goods, requiring microfiber filtration in new washing machines and suppo1ting retrofit incentives for existing appliances.

Through these actions Solana Beach can demonstrate leadership in environmental stewardship and sustainability while continuing to serve as a model for other municipalities.

Thank you for your leadership and consideration.

Sincerely,
Petra Beals, MSN, FNP-C
Item K.6
From:

To:

Subject:

Date:

Certain contact information has been redacted from this document for website posting only, It is not redacted on the original public record , unless it is officially exempted by state law.

Sharon Bodon
City Clerks Dept ( clerkoffice)
Support of agenda Item K6
Tuesday, September 29, 2026 10:37:58 AM
Dear Mayor Heebner and Councilmembers,
9-30-26 Mtg Item K.6. (5-22)
Processed 9-29-26
I am writing to ask that Solana Beach Council expand the ban on single-use plastics.

Ordinance 541 requires compostable or reusable food serviceware. We must all work to keep plastics from ending up in our oceans.

Please also support the statewide actions to address microplastics, with resolution to require microfiber filtration in new washing machines and supporting appliance retrofit incentives.

Solana beach can demonstrate leadership in care for our environment. Let's set an example for the region and the state!
Sincerely,
Sharon Bodon
San Diego County Resident
Item K.6
For the public record. City Council Meeting: 30 Sept., 2026; Items K.3 and K.6 From: D Woelke
Sent: Tuesday, 29 Sep 2026 04:26 PM
To: [email protected]
Subject: For the public record. City Council Meeting: 30 Sept., 2026; Items K.3 and K.6 Dear Mayor Heebner, Deputy Mayor MacDonald, and Council Members Becker, Edson, and Zito:

Thank you for the opportunity to provide input for the above named items.

You will find our letter attached below.

As always, we are happy to answer any questions, address any concerns, or provide additional peer-reviewed research.

Best regards,
Diana Conway, President
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
•

SAFE HEALTHY

PLAYING FIELDS
_,r-~
BtYON0 PLASTICS
Item K.6
30 September 2026 - City Council Meeting
Item K.3 - Support with Additional Condition
Item K.6 - Support
Dear Mayor Heebner, Deputy Mayor MacDonald, and Council Members Becker, Edson, and Zito:

Thank you for the opportunity to provide input into the above items on the agenda for 30 September 2026 meeting of the City Council.

Safe Healthy Playing Fields, Inc. (SHPFI) is a national all-volunteer 501-c-3 non-profit organization. We are committed to educating communities, policymakers and elected officials about the health, safety, and financial realities of plastic fields versus natural grass fields and other natural versus synthetic surfaces for their parks and schools. Our constituency ranges from concerned individuals to community and civic organizations, legal, healthcare and science professionals, municipal leaders, and state legislators.

Item K.3
We are pleased to see the acknowledgement that the planned expansion of the Culture Brewing Company’s needs to secure a permit from the California Coastal Commission.

While there is no reference in the staff report for Application: MOD25-002 regarding flooring or surfacing for the conversion from a bar to bar/restaurant, or the outdoor patio area expansion, we do feel compelled to alert you to Coastal Commission requirements that have been in effect since 2023 and included in their October 2024 publication on plastic pollution prevention.1 Due to the explosion in use of synthetic turf for outdoor dining venues since the Covid Pandemic, we ask that you condition your approval for this project to exclude any use of petrochemical plastics, including synthetic turf.

Each year, 600 quadrillion microplastics are released from land based plastics into our atmosphere, with an additional 26 quadrillion released from ocean based plastics.2 2 Callaway, KR (22 Jan 2026). “Scientists just calculated how many microplastics are in our atmosphere.

The number is shocking: A new estimate suggests land sources eject 600 quadrillion pieces of microplastic into the atmosphere every year.” Scientific American. 1 California Coastal Commission (24 Oct 2025). Plastic Pollution Prevention Guidelines - SAFE HEALTHY _,r--~ V PLAYING FIELDS B~YOND PLASTICS
A~FILIATE
Item K.6
In the coastal region, research has shown an increased risk of cardiometabolic disease from microplastics in sea spray.3,4 Most of these microplastics are polyethylene, the most globally produced and discarded plastic globally.

Synthetic turf is primarily made of the petrochemicals polyethylene and polypropylene- the same plastics that straws, plastic bags and other single use plastics are made of.

Synthetic turf blades constitute 12 to 15% of mesoplastics found in waterways and the ocean, and over 50% in near surface waters as reported by researchers,5 Australia,6 China,7 Japan,8 Canada,9 the United Kingdom,10 and the US.11,12
12 Shahariar, NK, Haque, A, Holsen, T, Baki, ABM (14 Oct 2025). “Land Use and Rainfall as Drivers of Microplastic Transport in Canal Systems: A Case Study from Upstate New York.” https://www.preprints.org/frontend/manuscript/ca46e83151c4edefa27979d272ea4561/download_pub 11 SFEI. 2024. The Pulse of the Bay: Contaminants of EmergingConcern. SFEI Contribution #1219. San Francisco Estuary Institute, Richmond, CA.
10 FIDRA.org “Defra report states artificial pitches are the main source of intentionally added microplastic pollution in the UK.”

9 Klasios, N (Aug 2025). “Understanding and Managing Artificial Turf Impacts on Rainwater, Urban Heat, and Biodiversity for the City of Vancouver.” Sustainability Scholar Project 2025-042. https://sustain.ubc.ca/sites/default/files/2025-042_Understanding%20and%20Managing%20Artificial%20T urf_Klasios.pdf
8 Harusato, A, Kato, M ( “Mechanisms of Generation and Ecological Impacts of Nano- and Microplastics from Artificial Turf Systems in Sports Facilities.” Environments; Vol 12 Issue 4 1. https://www.mdpi.com/2076-3298/12/4/109
7 Wang, T, Li, B, Zou, X (1 Oct 2019).“Emission of primary microplastics in mainland China: Invisible but not negligible.” Water Research; Vol. 162, Pages 214-224. https://www.sciencedirect.com/science/article/abs/pii/S004313541930555X 6 Mylius, K (11 July 2024). “Keep the Fake Plants and Turf Out of the Surf: A call to action to reduce the use of artificial grass and plants in our cities, preserving natural greenery and its benefits, and cleaning the Ocean.” SeaBin Foundation, Australia.
https://seabinfoundation.org/keep-the-fake-plants-and-turf-out-of-the-surf/ 5 De Haan, WP, Quintana, R, Vilas, C, Cózar, A et al (1 Oct 2023).“The dark side of artificial greening:

Plastic turfs as widespread pollutants of aquatic environments.” Environmental Pollution; 334, 122094. https://www.sciencedirect.com/science/article/pii/S0269749123010965?via%3Dihub 4 Lambert, S, Vercauteren, M, Catarino, AI et al (15 June 2024). “Aerosolization of micro- and nanoplastics via sea spray: Investigating the role of polymer type, size, and concentration, and potential implications for human exposure.” Environmental Pollution; (351), 124105 3 Bø, S, Johansson, JH, Tunved, P et al (15 Dec 2021). “Sea spray aerosol (SSA) as a source of perfluoroalkyl acids (PFAAs) to the atmosphere: Field evidence from long-term air monitoring.” Environmental Science & Technology: (56), 1: 228-238.
https://pubs.acs.org/doi/10.1021/acs.est.1c04277
https://www.scientificamerican.com/article/scientists-just-calculated-how-many-microplastics-are-in-our-at mosphere-the/
Item K.6
Australian researchers have even found large amounts of plastic plants in their waterways.

Synthetic turf is inconsistent with the use of native plants for landscaping. As a petrochemical product with myriad toxic chemicals, it is also tremendously harmful to humans and all wildlife.

We appreciate your consideration of exclusion of synthetic turf as a condition before you vote on this item, and we look forward to seeing this project as it comes before the Coastal Commission.

Item K.6
SHPFI, a Beyond Plastics Affiliate, is pleased to support this item.

The world is drowning in unnecessary petrochemical plastics, from the largest plastic consumer product our children play on, synthetic turf, down to straws, plastic utensils, condiment packets and more, these products contain endocrine disrupting and neurotoxic chemicals. It's time to protect people and the planet.

With over 16,000 chemicals found in plastics, and less than 1% considered non-hazardous, plastics will always be toxic.13 Unnecessary plastics are detrimental to public and environmental health; they play an outsized role in climate change, loss of biodiversity, and plastic pollution.

The Lawrence Berkeley National Laboratory has found that production of plastics alone releases four times the greenhouse gasses when compared to the entire aviation industry.14 Unnecessary plastics contribute to non-communicable diseases and cancers, reproductive disorders, and loss of fertility. Plastic adds $400 billion annually to health care related costs in the US;15 while economic and social costs conservatively estimated to be between $436 billion and $1.109 trillion annually.16
16 Lauer, N, Vegh, T, Nowlin, M et al (July 2025). ‘The Social Cost of Plastic to the United States.’ Duke University, Nicholas Institute for Energy, Environment & Sustainability. https://nicholasinstitute.duke.edu/sites/default/files/publications/the-social-cost-of-plastic-united-states.pdf 15 Trasande, L, Krithivasan, R, Park, K et al (Feb 2024). “Chemicals Used in Plastic Materials: An Estimate of the Attributable Disease Burden and Costs in the United States.” Journal of the Endocrine Society: (8), 2.
https://doi.org/10.1210/jendso/bvad163
14 Karali, N, Khanna, N, Shah, N (12 Apr 2024). “Climate Impact of Primary Plastic Production.” Lawrence Berkeley National Laboratory Publications.
https://escholarship.org/uc/item/12s624vf
13 Wagner, M, Monclús, L, Arp, HPH et al (Mar 2024). “State of the science on plastic chemicals:

Identifying and addressing chemicals and polymers of concern.” PlastChem, Norway. https://plastchem-project.org
Item K.6
Bio-based plastic, made from polylactic acid, contains 22 chemicals of concern, giving it a hazard profile commensurate with fossil fuel-based plastics.17 Research is showing that bio-based plastics are not only not bio-degradable, but that they are more detrimental to the marine environment than petroleum-based plastics.18
Plastics are not something our children should be playing on, covering food with, eating out of, or putting into their mouths. The same applies to adults.

Approve this item- for all of our sakes, and for our beaches and ocean.

Respectfully submitted,
Diana Conway, President
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
18 Monclús, L, Arp, HPH, Groh, KJ et al (9 Jul 2025). “Mapping the chemical complexity of plastics.” Nature; (643), 349–355.
https://doi.org/10.1038/s41586-025-09184-8
17 Chu, W, Gao, Y, Wu, Y, Liu, F (10 Jun 2024). “Biofilm of petroleum-based and bio-based microplastics in seawater in response to Zn(II): Biofilm formation, community structure, and microbial function.” Science of The Total Environment; (928), 172397
https://www.sciencedirect.com/science/article/abs/pii/S0048969724025439 •

SAFE HEALTHY

PLAYING FIELDS
_,r-~
B~YOND PLASTICS

AFFILIATE
Item K.6
From:

To:

Subject:

Date:

Ann Zivotskv ■
City derks Dept ( clerkoffice)
Support Agenda Item K.6 on 9/30
Tuesday, September 29, 2026 6:08:48 PM
Dear Mayor and City Councilmembers,
I am a retired fifth-grade teacher who taught comprehensive units on plastic pollution and marine debris. As my students learned about the impacts on our ocean and wildlife, they became inspired to take action. They wrote powerful essays calling for solutions and created public service announcements to raise awai-eness about these issues.

By supporting Agenda Item K.6, you will show our youth that you care about their future and are willing to take action to protect the environment they will inherit.

The ordinance requiring the use of compostable foodwai-e will reduce single-use plastic pollution and help protect our ocean and wildlife. The resolution addressing microplastics will recognize the growing threat they pose to public health and coastal environments and supp01t continued action to reduce exposure and contamination.

Please vote yes on Item K.6.

Thank.you,
Ann Zivotsky
Retired Teacher-Oceanside Unified School District
Item K.6
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Attachments:

Sierra Club Comments Agenda Item # K6
Tuesday, September 29, 2026 7:58:43 PM
Coasters logo small.jpeg
September 29, 2026
RE: Item #K6, Single-use Plastics Ordinance and Microplastics Resolution Dear Mayor Heebner and City Councilmembers:

On behalf of the Sierra Club, I am submitting comments on the Single-use Plastics Ordinance and Microplastics Resolution.

Sierra Club urges the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541 , which would require compostable or reusable food serviceware.

Requiring compostable or reusable food serviceware significantly reduces municipal solid waste, cuts greenhouse gas emissions, and protects public health by preventing toxic chemical exposure.

Environmental Benefits of Reusables
• Lower footprints: Reusable items made of ceramic, glass, or metal consume less energy and water over their lifecycles and produce dramatically fewer greenhouse gas emissions than single-use options.
• Waste prevention: Transitioning to durable dishware stops waste at the source rather than managing it after disposal.
• Litter reduction: Eliminating single-use items keeps plastic debris out of local parks, waterways, and oceans.
• Reduced chemical exposure: Durable reusables and properly certified serviceware lower the risk of hazardous chemicals, such as PFAS ore-waste toxins found in certain single-use plastics, from leaching into food.

We also urge you to adopt the resolution supporting statewide action to address microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber fi ltration in new washing machines.

Statewide action to address microplastics is needed for a comprehensive framework to eliminate plastic pollution at its source , protect public health, and fi ll a critical regulatory vacuum. By moving away from fragmented local ordinances and establishing unified state policies, California can implement effective environmental protections and shift financial burdens from taxpayers to manufacturers.

Item K.6
Requiring washing machine microfiber capture filters is a good example. Research shows that full adoption of these filters in California's new washing machines can decrease annual synthetic microfiber emissions to natural environments by up to 98 percent.

We urge Solana Beach to continue to demonstrate leadership in environmental stewardship and sustainability by enacting the ordinance and passing the resolution.

Thank you for your consideration of our comments.

Sincerely,
Barbara Collins, Vice Chair
Sierra Club Coasters
Item K.6
In Support of K.6 — 9/30/26
From: Janis Jones <[email protected]>
Sent: Tuesday, 29 Sep 2026 07:58 PM
To: [email protected]
Subject: In Support of K.6 — 9/30/26
To Mayor Heebner, Deputy Mayor MacDonald, and CIty Councilmembers:

Attached is a letter from the Surfrider Foundation San Diego County Chapter regarding Agenda Item #K.6, submitted on behalf of our members in Solana Beach and across the region.

Thank you for the opportunity to voice our support for the ordinance update and resolution. We appreciate your consideration and your continued efforts to protect our community and coastline from plastic pollution.

Sincerely,
Janis Jones
Janis Jones
Plastic Pollution Program Lead
Surfrider Foundation | San Diego County Chapter
https://sandiego.surfrider.org/
[email protected]
Item K.6
September 29, 2026
Delivered via Email
To: Solana Beach City Council
Re: Agenda Item #K.6
To Mayor Heebner, Deputy Mayor MacDonald, and City Councilmembers:

The Surfrider Foundation is a nonprofit grassroots organization dedicated to the protection and enjoyment of the world’s ocean, waves, and beaches, for all people, through a powerful activist network.

The San Diego County Chapter has long recognized Solana Beach as a regional leader in sustainability. In 2012, the city was the first to adopt a single-use plastic bag ban, and in 2015, it was also the first to ban polystyrene foam products. We applaud you for being trailblazers and for setting an example for neighboring municipalities.

We strongly support Item K.6 and the proposed ordinance and resolution recommended by staff, which demonstrate the City’s continued commitment to environmental stewardship.

As documented in our 2025 Marine Debris Report, volunteers removed more than 36,000 plastic foodware items and more than 115,000 plastic fragments during beach cleanups across the county. These numbers emphasize the need to further address single-use plastic foodware and highlight the importance of taking action on microplastics.

We are pleased that you have the opportunity to join Carlsbad, Del Mar, and Coronado in making this important transition to compostable materials. By phasing out non-compostable disposable food service ware, Solana Beach will be taking another meaningful step toward reducing plastic pollution. We are also pleased that you have the opportunity to be the first city in San Diego County to adopt a resolution addressing microplastic pollution.

We commend the City for crafting a comprehensive ordinance update and microplastic resolution. We urge you to approve both and continue Solana Beach’s commitment to protecting our environment for current and future generations.

With appreciation for your leadership and ongoing commitment to sustainability, Joana Guerra
Chapter Manager
Surfrider Foundation San Diego County Chapter
[email protected]
Janis Jones
Plastic Pollution Program Lead
Surfrider Foundation San Diego County Chapter
[email protected]
Phone: 858.800.2282 | [email protected] | surfridersd.org 3900 Cleveland Ave., Ste 201, San Diego, CA 92103

SURFRIDER
FOUNDATION.

SAN DIEGO COUNTY
Item K.6
From: Julie Wartell
To: City derks Dept [c erkoffice)
Subject: Agenda Item #K.6 Sept. 30, 2026
Date: Wednesday, September 30, 2026 7:30:08 AM
Dear Mayor Heebner and City Councilmembers,
I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541 , which would require compostable or reusable food serviceware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

I also urge you to adopt Resolution 2026-103, encouraging Statewide action to address microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances."
Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Julie Wartell
Item K.6
Public Comment on Agenda Item K.6 on Single Use Plastics Ordinance Update From: Ali Martin <[email protected]>
Sent: Wednesday, 30 Sep 2026 08:00 AM
To: [email protected]
Subject: Public Comment on Agenda Item K.6 on Single Use Plastics Ordinance Update Hello,
Please accept the attached public comment on behalf of San Diego Coastkeeper regarding Agenda Item K.6 on Single Use Plastics Ordinance Update.

Thank you,
--
Ali Martin | Legal Program Manager
(760) 859-7868
| she/her/hers
San Diego Coastkeeper® | 8305 Vickers Street, Suite 209 | San Diego, CA 92111 Show your support for protecting and restoring fishable, swimmable, and drinkable waters in San Diego County with a donation today.

September 30, 2026
Charity-~-
Navigator
aaaa
+ FOUR-STAR +
Platinum
Transparency
2026
Candid.

Item K.6
sdcoastkeeper.org | [email protected] | 619.609.0860 8305 Vickers Street, Suite 209
San Diego, CA 92111
Mayor Lesa Heebner
Solana Beach City Council
635 S Hwy 101
Solana Beach, CA 92075
Via Email to [email protected]
Re: Public Comment on Agenda Item K.6 on Single Use Plastics Ordinance Update Dear Mayor Heebner and City Councilmembers,
On behalf of San Diego Coastkeeper (Coastkeeper), we urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food serviceware. Coastkeeper is the San Diego region’s leading clean water advocacy organization, member supported since 1995. Our mission is to protect and restore coastal and inland waters in San Diego County, using advocacy, community science, and education. Coastkeeper also actively seeks agency implementation of federal, state, and local laws and regulations, and, where necessary, directly initiates enforcement actions on behalf of themselves and their members.

By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

Plastic debris and litter are ubiquitous in the ocean1, occurring on remote shorelines, in coastal waters, the seabed of the deep ocean and floating on the sea surface. This poses significant threats to wildlife as they mistake plastic for food. Approximately a quarter of individual fish sampled from markets in California and Indonesia contained plastic in their guts2, which then moves up the food chain to human consumption.
1 Gallo F, Fossi C, Weber R, Santillo D, Sousa J, Ingram I, Nadal A, Romano D. Marine litter plastics and microplastics and their toxic chemicals components: the need for urgent preventive measures. Environ Sci Eur. 2018;30(1):13. doi: 10.1186/s12302-018-0139-z. Epub 2018 Apr 18. PMID: 29721401; PMCID: PMC5918521. 2 Kerlin, K. (2017, August 2). Plastic for dinner: A quarter of fish sold at markets contain human-made debris. UC Davis. https://www.ucdavis.edu/news/plastic-dinner-quarter-fish-sold-markets-contain-human-made-debris We also urge you to adopt the resolution supporting statewide action to address microplastics, Item K.6
sdcoastkeeper.org | [email protected] | 619.609.0860 8305 Vickers Street, Suite 209
San Diego, CA 92111
including “intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.” Microbeads used in personal care and cosmetic products are a direct source of marine litter, especially in locations with no or limited wastewater treatment in place. Once in the environment, microplastics can both release and absorb toxins, which can then be moved throughout the food chain3.

While research on the health impacts of microplastics in humans are just beginning, studies show that microplastics make fish and birds more vulnerable to infections. Animal and cellular studies have linked microplastics to biological changes4 including inflammation, an impaired immune system, deteriorated tissues, altered metabolic function, abnormal organ development, cell damage and more. Tackling microplastics at the source is the most effective way to address the ever growing marine plastic pollution problem.

Through these actions, the City will demonstrate leadership in environmental stewardship and sustainability and continue serving as a model for other municipalities.

Thank you for your leadership and consideration.

Sincerely,
Ali Martin
Legal Program Manager
San Diego Coastkeeper
3 Temperton, J. (2016, August 25). Toxic time bomb: Here’s the science that explains why microbeads are a disaster. Wired. https://www.wired.com/story/microbeads-international-ban-damage-marine-life-plastic/ 4 Savchuk, K. (2025, January 29). Microplastics and our health: What the science says. Stanford Medicine News Center. https://med.stanford.edu/news/insights/2025/01/microplastics-in-body-polluted-tiny-plastic-fragments.html Item K.6
From:

To:

Subject:

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Attachments:

Shannon Jordan
City derks Dept ( c e office)
Support for Sept 30 Agenda Item K.6
Wednesday, September 30, 2026 9:03:42 AM
image.png
Dear Mayor Heebner and City Councilmembers,
My name is Shannon Jordan. My husband, Tony Burger, and I own a home on Glencrest Drive and raised our (now 23 year old daughter) in Solana Beach schools and on our beautiful beaches. We have lived here for 16 years and treasure our community. I am also someone who cares a lot about the ecological crises we find ourselves in, and in particular, the plastics problem. Below is a picture that jolted me into action. Having lived my entire life around Cal ifornia beaches, I have witnessed first hand how plastic pieces end up in the stomachs of the marine life who also call this beautiful coast home. Although this bird pictured is not from our beaches, I have certainly seen disturbing scenes. And consider for a moment, the microplastics that aren't visible to the human eye. I awoke to this science-based newsfeed this morning urging Americans to wake up to the hazard plastics and microplastics cause to human health: https:/lwww.cnn.com/2026/09/30/health/hazardous-household-plastics-wellness. We need to take action now.

Thank you for your leadership. And please let me know how I might bring more awareness to this very important issue. Let's protect our Solana Beach beach ecosystems for generations to come.

With concern,
Shannon Jordan
. Glencrest Drive, Solana Beach, CA 92075
Item K.6
From:

To:

Subject:

Date:

Joan Dyer
City derks Dept ( clerkoffice)
Agenda Item #K6 Sept. 30, 2026
Wednesday, September 30, 2026 10:45:50 AM
Dear Mayor Heebner and City Councilmembers,
Hello, diligent and hard-working board! My name is Joan Dyer and I am the owner of three Solana Beach properties and I currently live at one of those properties. I love our city, and I've lived here since before we were incorporated. Both my children were raised here, and our roots run deep.

I care deeply about keeping our coastline plastic-free. I urge the Solana Beach City Council to expand the ban on single-use plastics by adopting Ordinance 541, which would require compostable or reusable food service ware. By further reducing unnecessary single-use plastics, Solana Beach can help keep plastic pollution out of our watershed and, ultimately, the ocean, while also protecting public health.

I also urge you to adopt Resolution 2026-103, encouraging Statewide action to address microplastics, including "intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances."
Let us be a model for other cities and good stewards of our precious planet.

Thank you for all your efforts and work!!
Sincerely,
Joan Dyer
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Item K.6
From: Kathy Rallings
To: City Clerks Dept (clerkoffice)
Cc: Janis Jones
Subject: Support Agenda Item K.6 on Tonights Agenda
Date: Wednesday, September 30, 2026 11:54:57 AM
Dear Mayor Heebner and Members of the Solana Beach City Council, On behalf of the SanDiego350 North County Team, I am writing to express our strong support for Ordinance 541 and the City’s continued efforts to reduce plastic pollution.

Requiring compostable or reusable food utensils is an important next step in reducing our reliance on single-use plastics. These products too often become litter, enter our waterways, and ultimately contribute to the growing amount of plastic and microplastic pollution in our oceans. Expanding Solana Beach’s existing policies will help protect our coastline, marine ecosystems, and community health while encouraging more sustainable alternatives.

We also support the proposed resolution calling for stronger statewide action to address microplastics. Specifically, we support efforts to reduce intentionally added microplastics in cosmetics, personal care products, and household goods, as well as requirements for microfiber filtration in new washing machines and incentives to retrofit existing machines. Addressing plastic pollution at its source is essential if we are going to meaningfully reduce the amount of microplastics entering our environment.

Solana Beach has an opportunity to continue demonstrating the kind of local environmental leadership that can inspire action throughout San Diego County and across California.

We respectfully urge the City Council to adopt Ordinance 541 and the resolution supporting statewide action on microplastics.

Thank you for your continued leadership and commitment to protecting our environment.

Sincerely,
--
Kathy Rallings
Co-Chair
Item K.6
From: Janis Jones
To: City Clerks Dept (clerkoffice)
Subject: Comments in support of K.6 (Sept. 30)
Date: Wednesday, September 30, 2026 1:17:57 PM
Dear Mayor Heebner and City Councilmembers,
I submitted a letter yesterday on behalf of the San Diego County Chapter of the Surfrider Foundation and am adding to those comments with additional information, links, and a photograph.

As a Plastic Pollution Program lead volunteer, I collaborate with others “to lessen the impacts of plastics in the marine environment by raising awareness about the dangers of plastic pollution and by advocating for a reduction of single-use plastics.” When I started working on plastic pollution issues more than ten years ago, I focused primarily on its impacts on our beaches, ocean, and marine life. The attached image illustrates why.

The photo shows the stomach contents of a deceased seabird found at La Jolla Shores that had ingested 662 pieces of microplastic. Dr. Tammy Russell of Scripps Institution of Oceanography and her team discovered that many, if not most, seabirds along our coastline had ingested plastic. The image is horrifying, and it illustrates why we need to reduce single-use plastics and address the growing problem of microplastics.

In addition to affecting marine life, we now know that plastic and the chemicals associated with it can affect our own lives as well. A just released report, Poison Plastics: How Chemicals in Everyday Plastics Are Harming Your Health, highlights these concerns. According to the report, 91.6% of chemicals found in food-contact plastics were classified as posing a high risk to human health. The report also finds that 90.6% of high-risk chemicals are unregulated internationally, while 76.4% of the chemicals assessed lack available data on toxicity and/or exposure (see page 11 of the report).

Consequently, by passing Ordinance 541 adopting and Resolution 2621-103, Solana Beach will not only be reducing plastic pollution in the environment, but also taking steps to reduce potential human exposure to plastics and their associated chemicals.

To further address these concerns, I also encourage Solana Beach to support reuse as the norm. For dine-in service, reusable foodware should be the first choice when feasible. In fact, other cities, such as Berkeley and Truckee, have enacted requirements for reusable foodware for dining in.

In addition, both cities require a $0.25 fee for single-use takeaway cups, which helps incentivize customers to bring their own reusable cups. See Berkeley’s Single-Use Foodware Rules and Keep Truckee Green Foodware Ordinance FAQ for details.

Item K.6
Building on progress at the state level, Solana Beach could also explore strengthening its local prohibition on single-use plastic carryout bags. California’s statewide bag requirements changed on January 1, 2026 with Senate Bill 1053, and now require recyclable paper bags at grocery stores, large retail stores with a pharmacy, convenience stores, food marts, and liquor stores. A local policy could build on those requirements, as Coronado has done with its citywide restrictions on plastic carryout bags that includes all retailers.

Even without enacting additional actions like those above, the steps Solana Beach is taking are extremely significant, and Surfrider San Diego applauds you.

Furthermore, we will continue supporting your efforts with outreach and education through the Ocean Friendly Restaurants program. We have already scheduled events with your Sustainability Manager, Nicole Gurky, who we have very much enjoyed working with.

Other cities look to you as environmental leaders, and the waves you are creating will ripple across the county and beyond. Thank you for your leadership and for taking action to protect our beaches and our community by passing Agenda Item K.6.

With appreciation and respect,
Janis Jones
Item K.6
--
Janis Jones
Plastic Pollution Program Lead
Surfrider Foundation | San Diego County Chapter
https://sandiego.surfrider.org/
[email protected]
Item K.6
Letters written by 6th graders in support of K.6 Sept. 30 From: Janis
Sent: Wednesday, 30 Sep 2026 03:00 PM
To: [email protected]
Subject: Letters written by 6th graders in support of K.6 Sept. 30 Dear Mayor and City Councilmembers,
Please see attached letters from 6th grade students who are in Stella Erkam's class at Solana Santa Fe Elementary School. The students care about the issue of plastic pollution and the comments in support of K.6 are heartfelt.

Thank you,
Janis Jones
Item K.6
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Item K.6
CITY OF SOLANA BEACH www.cityofsolanabeach.ca.gov
635 SOUTH HIGHWAY 101SOLANA BEACH, CA 92075(858) 720-2400Fax (858) 720-2455 September 15, 2026
Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: AB 762 – Single-Use Vaping Devices: Prohibition – SUPPORT Governor Newsom,
On behalf of the City of Solana Beach, I am writing to express our support for Assembly Bill 762. Our city is deeply committed to safeguarding public health, protecting our youth, and maintaining rigorous environmental and waste-reduction standards across our community. AB 762 aligns directly with these priorities by banning the retail sale of single-use, disposable electronic vaping devices.

Disposable vaping products represent a severe, dual-threat challenge for small and mid-sized municipalities. From a public health perspective, these inexpensive, mass-market devices directly target youth and contribute to nicotine dependency. From an environmental and municipal management perspective, disposable vapes are a significant hazardous waste concern. Containing non-removable lithium-ion batteries, electronic circuit boards, and toxic liquid nicotine residue, millions of these devices are improperly discarded into municipal trash streams, storm drains, beaches, and parks.

For local waste management agencies and public works departments, discarded single-use vapes pose severe fire hazards in municipal waste trucks and recycling facilities due to damaged lithium batteries. Eliminating these single-use hazardous items at the retail level protects community health, reduces municipal waste management costs, and prevents environmental contamination in our water bodies and public spaces. For these reasons, the City proudly supports AB 762 and respectfully requests your signature on this legislation.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
Item M.

While our community shares the objective of expanding affordable homeownership opportunities, AB 2433 expands California’s Density Bonus Law in a manner that grants significant concessions and density increases without guaranteeing the realization of long-term affordable units.

AB 2433 allows developers to claim multiple extra concessions and overrides local land use standards while providing a minimal baseline of affordable units, which the City already mandates, allowing large market-rate developments to bypass local objective design standards. Furthermore, by streamlining approvals and stripping local discretion, the bill forces high-density residential developments onto local infrastructure without ensuring that municipal services, roadways, parks, and utilities can meet the increased public health and safety needs of the developments. This represents yet another uncalculated and unfunded fiscal mandate impacting cities throughout California.

Local land use standards and objective design rules exist to protect current and future residents, preserve open space, and ensure safe infrastructure integration. AB 2433 erodes local considerations necessary to protect public health and safety, and forces communities to grant sweeping development concessions without requiring developers to demonstrate how these incentives directly yield meaningful Affordable Housing stock, regardless of the cost to public agencies. For these reasons, the City opposes AB 2433 and respectfully requests your veto of this legislation.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
Item M.

This measure mandates the ministerial approval of up to two detached Accessory Dwelling Units (ADUs) on lots containing single-family homes. Municipalities across California are already accommodating substantial infill growth through existing state ADU laws. AB 956 bypasses local zoning frameworks designed to protect public health and safety by effectively transforming singlefamily residential parcels into triplex-density lots without adequate local review and commensurate infrastructure. Uncontrolled increases in density of this magnitude severely strain localized infrastructure, including sewer capacity, utility conduits, and emergency response access in neighborhoods that were never planned or engineered for multi-unit density. This represents yet another uncalculated and unfunded fiscal mandate impacting cities throughout California.

Furthermore, in coastal Cities such as Solana Beach, the increase in allowable units on each lot is not necessarily providing more available housing, but instead these additional units regularly become an extension of the existing home for offices, workout spaces, playrooms, etc. The impact that is too often seen due to the potential increase in market value when these properties are redeveloped is a substantial increase in the price of older single-family homes previously affordable to young families as starter homes. The resulting “compounds” built on these, as well as existing lots, are selling for exorbitant amounts to people in the income group not likely to rent these additional units as housing.

Preserving local control is essential to ensuring that housing growth occurs alongside adequate infrastructure investments and environmental protections, as well as with a mind to the local real estate realities. AB 956 pre-empts the local context and the ability to evaluate whether a residential lot can safely accommodate multiple standalone secondary structures. For these reasons, the City opposes AB 956 and respectfully requests your veto of this legislation.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
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This measure establishes a targeted, time-limited pilot program within the San Diego Gas & Electric (SDG&E) service territory to establish clear timelines, accountability, and predictability for connecting critical projects to the electric grid.

Across the San Diego region, local governments and housing providers are actively working to address California’s acute housing affordability crisis. However, delivering completed homes frequently hinges on the final, critical step of utility energization. Unanticipated interconnection delays create costly holding expenses, disrupt financing, and keep urgently needed housing offline. AB 2518 takes a practical, balanced approach by establishing defined project categories and clear energization benchmarks, ensuring high-priority affordable housing and essential public facilities are energized promptly once construction is complete, all while preserving grid safety and regulatory standards.

While the City of Solana Beach strongly supports AB 2518’s focus on prioritizing affordable housing, delays in electric utility energization impact housing production across the entire spectrum. The City strongly encourages future state and utility efforts to expand these streamlined energization timelines and predictability standards to all residential projects. Meeting our ambitious regional housing goals requires eliminating costly bottlenecks not only for dedicated affordable developments, but also for market-rate, middle-income, and infill residential construction throughout our communities.

AB 2518 provides an ideal framework to test and refine these energization efficiencies at the local level without imposing costly statewide mandates. The data and outcomes generated through this pilot will provide valuable insight to inform broader, long-term improvements across the electric distribution system. For these reasons, the City of Solana Beach respectfully urges your signature on AB 2518.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
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CITY OF SOLANA BEACH www.cityofsolanabeach.ca.gov
635 SOUTH HIGHWAY 101SOLANA BEACH, CA 92075(858) 720-2400Fax (858) 720-2455 September 15, 2026
Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: AB 1448 – Offshore Oil and Gas Infrastructure - SUPPORT Governor Newsom,
On behalf of the City of Solana Beach, I am writing to express our support for Assembly Bill 1448. AB 1448 establishes essential safeguards to defend California’s marine environment, coastal economy, and public shoreline by prohibiting the use of existing state oil and gas infrastructure to facilitate or expand offshore drilling in federal waters.

Solana Beach has long been an ardent champion of environmental stewardship and ocean conservation. Our beaches and bluffs are the cornerstone of our community’s identity, quality of life, and local economy. For decades, the City of Solana Beach has maintained an unwavering record of opposing offshore oil and gas extraction off the Pacific coast. Reaffirming this longstanding commitment, in December 2025, the Solana Beach City Council unanimously adopted a Resolution 2025-129 earlier this year expressing steadfast opposition to expanded offshore drilling and federal lease sales, while pledging our active support for state legislative and administrative protections.

Offshore drilling poses catastrophic, irreversible risks to our marine ecosystems, regional tourism, and coastal infrastructure. The devastating oil spills of California’s past, from the 1969 Santa Barbara spill to Refugio in 2015 and Amplify Energy in 2021, demonstrate that aging oil infrastructure cannot be operated without inherent peril to our coastlines. With renewed federal pressure to reopen and expand drilling in Outer Continental Shelf waters, California must close every possible avenue that allows fossil fuel extraction to threaten our shores. AB 1448 provides local communities like Solana Beach the statewide legal shield necessary to protect our coastline from oil fouling, wildlife devastation, and economic disruption.

The City of Solana Beach proudly stands with our fellow coastal communities, regional leaders, and environmental advocates across California in urging you to sign this landmark measure. For these reasons, the City of Solana Beach strongly urges your signature on AB 1448.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
Encl. City of Solana Beach Resolution 2025-129
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RESOLUTION 2025- 129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, OPPOSING NEW

OFFSHORE OIL AND GAS DRILLING
WHEREAS, the City of Solana Beach values our ocean waters and coast which provide habitat to a vast array of wildlife including marine mammals, birds and fish that depend on a healthy and clean ocean environment; and
WHEREAS, our City depends on the thousands of visitors who enjoy recreational activities on our beaches for tourism and local economic support; and WHEREAS, offshore oil and gas drilling off the Pacific coast puts these coastal resources at risk of oil spills and other damage; and
WHEREAS, the current exclusion of the Pacific Outer Continental Shelf from new oil and gas development is consistent with the long- standing interests of Pacific Coast States as framed in the 2006 Agreement on Ocean Health adopted by the Governors of California, Washington and Oregon; and
WHEREAS, the State of California prohibits new leasing in state waters because of the unacceptably high risk of damage and disruption to the marine environment and economy of the state; and
WHEREAS, the 11th National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program could open the Pacific, Atlantic and Arctic Oceans to new drilling, fracking and other well stimulation, putting California' s coastal resources at risk of more oil spills, increased greenhouse gases, continued dependence on fossil fuels and impacts of climate change and which could delay the movement toward greater reliance on renewable energy; and
WHEREAS, the City of Solana Beach has long been a leader in environmental sustainability and has adopted a Climate Action Plan that aims to reduce greenhouse gas emissions and promote clean and renewable energy; and
WHEREAS, the City of Solana Beach opposes an expansion of offshore oil and gas drilling because of the threat to our coast, wildlife, climate and coastal economy; and WHEREAS, the City is opposed to any action by the United States Department of the Interior to open or expand oil and gas exploration, leasing, or drilling in federal waters off the California coastline, and the Atlantic coastline.

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

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Resolution 2025- 129
Opposition Offshore Drilling

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1. That the above recitations are true and correct.

2. That the City Council opposes any new offshore oil and gas drilling off the California coast and supports any legislation that opposes the America First Offshore Energy Executive Order.

3. That the City Council approves adding to the City' s Legislative Policy, under Section 3, Environmental Sustainability and Energy, Policy Actions, to include " Oppose policies or legislation that promote any new offshore oil drilling and support any legislation that opposes offshore drilling."
PASSED AND ADOPTED this 10th day of December, 2025„ at a special meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers — Heebner, MacDonald, Zito, Edson, Becker NOES: Councilmembers — None
ABSTAIN: Councilmembers — None
ABSENT: Councilmembers — None
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST: JOHANNA
N. CANLAS, City Attorney ANGELA IVEY, City Clerk
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RESOLUTION CERTIFICATION

STATE OF CAL IFCF NIA
l° COUNTY CIF ANDIEG ) S'S.

CITY OF Sod Af' A BEACH ._f
I, ANG ELA IVEY, City Clerk of the City of Solana Beach., California, CSC) HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2025- 129 opposing New Offshore Oil and Gas Grilling as duly passed and adopted at a Special Solana Beach City Council meeting held on the f otn day of December, 2025 and is the original on fide in the City Clerk' s Office.
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ANGELS IVE' Y CITY LERK
CEI TIF11CATION LATE: 2025
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Joining with concerns highlighted by the League of California Cities and municipal leaders statewide, our City is concerned that AB 1621 severely compromises local building review processes, restricts local plan checks, and unfairly exposes cities to strict Housing Accountability Act (HAA) penalties during technical safety reviews.

AB 1621 places rigid restrictions on the post-entitlement permit phase by limiting the number of plancheck resubmittals a local building department can conduct unless complex, onerous findings are established. The plan check process is not a discretionary barrier; it is a vital technical safety step that ensures structures comply with structural safety, fire, electrical, and energy standards. Forcing municipal building officials to approve building plans under arbitrary time schedules or face legal exposure and liability under the Housing Accountability Act forces local agencies to choose between thorough public safety reviews and costly state enforcement actions.

While the City supports efforts to eliminate unreasonable delays in residential permitting, local building departments must retain the authority and time needed to ensure that newly constructed buildings are safe for occupants and surrounding neighborhoods. AB 1621 creates unreasonable operational risks for municipal agencies without addressing the root causes of construction delays.

For these reasons, the City opposes AB 1621 and respectfully requests your veto of this legislation.

Sincerely,

LESA HEEBNER
Mayor
City of Solana Beach
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Solana Beach City CouncilSeptember 30, 2026

Solana Beach City Council
September 30, 2026