CITY COUNCIL AGENDA
MONDAY, MARCH 14, 2022
REGULAR MEETING 6:30 PM
VIRTUAL & IN COUNCIL CHAMBER, 1644 OAK STREET, SOLVANG, CA 93463 Charlie Uhrig, Mayor
Mark Infanti, Mayor pro tem Xenia Bradford, City Manager Robert Clarke, Councilmember Dave Fleishman, City Attorney Claudia Orona, Councilmember Annamarie Porter, City Clerk Jim Thomas, Councilmember
Pursuant to California Assembly Bill 361 City Council meetings are permitted to be held via teleconferencing and the City will provide both remote and in-person participation options. Members of the public can observe and address the meeting telephonically or electronically. Those attending in person who are unvaccinated are required to wear masks and socially distance. Virtual participation is available via Zoom or phone. Join the Zoom meeting by visiting https://zoom.us/j/3066529195 (Meeting ID: 306 652 9195). If you wish to speak, please use the “raised hand” symbol. If you would like to make a comment by phone, please call into conference line at (888) 788-0099 (Meeting ID: 306 652 9195). The phone line will be open starting at 6 p.m. In-person speakers will be invited to make public comments first. Virtual speakers will follow. You may also observe the live stream of the City Council meetings on www.CityofSolvang.com/YouTube.
Distribution to the City Council – You may, but are not required to, submit your comment in advance.
Should you wish to do so, please do so via email prior to 5 p.m. on the Friday prior to the Council meeting to the City Clerk at: [email protected]. Your comment will be recorded and distributed appropriately.
AGENDA AND SUPPORTING MATERIALS - Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1644 Oak Street, Solvang, during regular business hours and on the City’s website www.cityofsolvang.com.
AGENDA POSTING NOTIFICATION - If you would like to receive notification of the agenda availability, please subscribe to our “Notify Me” list at: https://www.cityofsolvang.com/List.aspx. You will receive notification when the agenda is available for viewing on the website and you may view and/or print a copy.
DOCUMENTS DISTRIBUTED FOLLOWING THE POSTING OF THE AGENDA. Any writings that relate to an agenda item for an open session that is distributed to a majority of the Council after the posting of the agenda, will be available for public inspection at the City Clerk’s office, and may be posted to the website.
PUBLIC COMMENT - The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council on non-agenda items, you may do so during the PUBLIC PARTICIPATION ON NON-AGENDA ITEMS section on the agenda. Each person is allotted three (3) minutes to speak.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT - It is the intention of the City of Solvang to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested. 1 6:30 PM OPEN SESSION – REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CEREMONIAL ITEMS, COMMENDATIONS, PRESENTATIONS - None
PROCLAMATIONS
a. March as Womens' History Month Proclamation
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and the Consent Agenda. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report……………………………………………………………………………………..............6
3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
4. CONSENT AGENDA
a. Approve Order of Agenda as Presented.
b. Approve the Minutes of the City Council meetings of February 26, 2022, Special Financial Planning Workshop and February 28, 2022, regular meeting .....................................................8 c. Approve Expense Report for February2022……………………………………………………........15 d. Adopt Resolution 22-1160, a Resolution of the City Council of the City of Solvang, California Authorizing Remote Teleconference Meetings of the City Council ………………………………....27 e. Approve the FTA 5311 Grant Agreement Resolution No. 22-1161 ..............................................33 f. Approve the TDA Grant Funding Resolution No. 22-1162 ...........................................................36 g. Receive Quarterly Investment Reports for July – Sept 2021, and Oct – Dec 2021........................39 h. Receive and formally adopt the language for the City Council Goals for Fiscal Year 2022-24 Financial Plan as developed at the City Council Goal Setting Workshop on February 26, 2022.77 i. Approve City sponsored Lego Event in concept to take place on April 2 nd and 3rd as recommended
by the Tourism Advisory Committee. (Materials will forthcoming)...................................................81
PUBLIC HEARINGS
5. PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY, TITLE 11 ORDINANCE MODIFICATIONS. .................................................................................82 Introduce for first reading, by title only and waive further reading, of Ordinance 22-0354 of the City Council of the City of Solvang, California, Amending Title 11 of the Solvang Municipal Code to Address Accessory Structures in the Side-Yard and Rear-Yard Setbacks in Residential Zones.
6. PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY, MUNICIPAL CODE AMENDMENTS COMMITTEE & COMMISSIONS ORDINANCE..............100 Introduce for first reading, by title only and waive further reading, of Ordinance 22-0355 of the City Council of the City of Solvang, California, Amending Titles 2, 8, 10, 11, and 12 of the Solvang Municipal Code to Reflect Planning Division Reorganization, Clarify Design Review 2 Committee and Planning Commission Powers and Duties, Clarify Appeal Bodies, and Remove Outdated Code Provisions and Typographical Errors.
REGULAR BUSINESS
7. UTILITY RATE STUDY PUBLIC INPUT SUMMARY AND SETTING PROP 218 HEARING a. Staff recommends Council review and discuss utility rate study public input summary and preliminary rate calculations; and,
b. Set a date for Proposition 218 hearing. .............................................................................221
8. COPENHAGEN DRIVE REOPENING PLAN AND OUTDOOR DINING TEMPORARY ENCROACHMENT PERMIT PROGRAM ................................................................................257 Receive staff report, and;
a. Approve Copenhagen Drive re-opening plan.
b. Approve lifting of temporary outdoor dining encroachment program onto public spaces and direct staff to develop a program to permit businesses for expansion of dining spaces onto privately owned spaces.
c. Direct staff to continue to work on a project through the General Plan Update to consider creation of a European Style Plaza either by permanently closing parts of Copenhagen Drive or an alternate downtown location.
9. SOLVANG PARK IMPROVEMENTS
That the City Council receive the staff report regarding proposed improvements to the Solvang Park and select preferred improvement option.........................................................................260
10. SCOPE OF WORK FOR ISSUANCE OF REQUEST FOR PROPOSALS FOR MARKETING SERVICES FOR FISCAL YEARS 2022-24 AND ADDITIONAL TAC RECOMMENDATIONS That the City Council receive Tourism Advisory Committee (TAC) recommendations .........262 unanimously approved at the March 3, 2022, regular TAC meeting and direct staff to:
• Issue Request for Proposals for Marketing Services
• Discuss TAC recommendations for Events Permitting and hiring a local Marketing Coordinator and direct staff to return with a plan to implement the recommendations.
11. UPDATED SPECIAL EVENTS PERMITTING GUIDELINES AND PROCEDURES .............276 Approve revised Guidelines and Procedures to govern Special Events in the City of Solvang.
12. DISCUSSION REGARDING PERMISSIBILITY OF WALK-UP FOOD SERVICE WINDOWS IN THE TOURIST RELATED COMMERCIAL (TRC) ZONE .......................................................298 That the City Council discuss and provide guidance and policy direction to City staff on the permissibility of walk-up food service windows in the Tourist Related Commercial (TRC) Zone.
13. 2022 CCWA SUPPLEMENTAL WATER PURCHASES..........................................................303 That the City Council:
a. Authorize the City Manager to approve a budget adjustment between the amounts of $540,000-$675,000 and authorize staff to purchase supplemental water for 2022 within this budget limitation; and
b. Authorize the City Manager to execute all documents associated with the purchase of supplemental water for 2022.
14. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
15. ADJOURNMENT
AFFIDAVIT OF POSTING
3 I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated this 9th day of March 2022.
4 PROCLAMATION
WOMEN'S HISTORY MONTH
Whereas American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and
Whereas American women have played and continue to play critical economic, cultural, and social roles in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; and Whereas American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; and Whereas American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and Whereas American women have served our country courageously in the military; and
Whereas American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all.
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Charlie Uhrig, along with the City Council of the City of Solvang, California do hereby proclaim the month of March as "Women's History Month" in the City of Solvang.
IN WITNESS THEREOF, I have hereunto set my hand and have caused the Official Seal of the City of Solvang to be affixed this 14th day of March 2022.
Charlie Uhrig, Mayor
5 Meeting Date Agenda Item Agenda Action
24-Mar
Housing Element Community Workshop Virtual Participation Not a Council
Meeting (N/A)
28-Mar
Solvang Elections District Map Public Hearing #5 to
review draft maps and select preferred map (intro
ordinance) Business Public Hearing
Investment Policy Annual Review Consent Approve
SB1 RMRA project List Business Approve
Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Approve Broadband Project Update Presentation N/A
11-Apr Solvang Elections District Map Adoption Business Adopt Transit Operations Contract Award Business Approve
Grant Funding and Community Special Events Funding
Requests Business Approve
Donate Life Proclamation Proclamation N/A
Child Abuse Month Proclamation Proclamation N/A
Legislative Update League of California Cities
Representative Presentation N/A
25-Apr
Parking Short-Term Improvements Business Policy
9-May Quarterly Financial Report Consent Receive
Waste Water Treatment Upgrade Phase 3 Conceptual
Review Business Approve
HCA Park Improvements Project Report Business Receive
23-May Preliminary FY 2022-24 Financial Plan Business Approve 13-Jun Resolution calling for the holding of a General
Municipal Election Consent Approve
Resolution requesting the Board of Supervisors render
services Consent Approve
Resolution requesting Board of Supervisors consolidate
Election Consent Approve
Resolution adopting regulations for candidates for
elective office Consent Approve
Resolution providing for a procedure for determining
by lot a tie among candidates Consent Approve
Utility Rates Proposition 218 Public Hearing Public Hearing Approve 27-Jun FY 2022-24 Financial Plan Adoption (Operating + Capital Improvement Program) Public Hearing Approve
Amend Appropriation Limit Public Hearing Approve
11-Jul
Meeting Date Agenda Item Agenda Action
N/A
Council Requested Agenda Items
ADVANCE CALENDAR
6 Agenda Item Agenda Action
November
Stormwater Management Program Annual Report Consent Receive December Appointment of Mayor Pro Tem Business Approve
December Council selection of representatives to Committees and Agencies Business Approve
December (every
two years)
Appointment to Boards, Commissions, Committees Business Approve January Comprehensive Annual Financial Report Business Approve January Grant Funding Policy Review Business Approve
February Measure A 5-Year Local Program of Projects Public Hearing Approve February Fiscal Outlook and Financial Policies Business Approve February Council Budget Goal Setting Public Workshop Approve March SB1 RMRA project List Public Hearing Approve
March Investment Policy Annual Review Business Approve
March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Approve March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget
Oct/Jan/April/July Quarterly Financial Reports Business Approve June Two-Year Financial Plan Development or Budget
adoption Public Hearing Adopt
June Capital Improvement Program Public Hearing Adopt
June/July Amend Appropriation Limit Public Hearing Adopt Annual Reports
7 February 26, 2022
Saturday
10:00 a.m.
CALL TO ORDER
Mayor Uhrig called the meeting to order at 10:00 a.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Charlie Uhrig; Mayor pro tem Mark Infanti; Councilmembers Robert Clarke, Claudia Orona and Jim Thomas
Absent: None
Staff: City Manager Xenia Bradford, City Attorney Dave Fleishman, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Led by Councilmember Orona
1. FISCAL YEAR 2022-24 FINANCIAL PLAN CITY COUNCIL GOAL SETTING WORKSHOP City Manager Bradford introduced the item; addressed the agenda; discussed the General Plan and Financial Plan; talked about Council setting goals to set priorities for the next two years, the process for developing and pursuing goals and insights from other communities. Additionally, she discussed current Fiscal Year 2021-22 priorities and addressed the survey and results.
Mayor Uhrig invited public comments.
Scott Wenz, Cars are Basic, discussed the organization; referenced an email sent to City Council; reported the City of Santa Barbara shut down Main Street in favor of bicycles and eBikes and extending Solvang's main drag, and cautioned City Council to consider the matter, carefully.
Jim Richardson spoke about the need to address seniors, especially in terms of Solvang being a desirable place to live; noted that about one-third of the Solvang population are seniors and urged City Council to consider seniors as a priority.
Brenda Ball spoke about parking and suggested building a parking structure that fits in with other Danish architecture in town and using the top for solar panels.
Bonnie Jacobsen (via Zoom), President, Friends of the Library, urged City Council to consider the Library and its needs; noted their goal is to provide programs for children and adults; reported that the City of Goleta wants $20,000 per year to operate the Library and asked for the City's help.
Mayor Pro Tem Infanti reported the GSA has a published plan that will be available through the Library and
MINUTES OF THE SPECIAL MEETING
SOLVANG CITY COUNCIL
FISCAL YEAR 2022-24 FINANCIAL WORKSHOP
8 stated it will be a source for the City to address the groundwater sustainability plan and is accessible to residents.
There were no other public comments.
Discussion followed regarding the importance of achieving water independence, enhancing local water supplies, maintaining the Wastewater Treatment Plan for recycled water, providing access to water, building reservoirs, making recycled water available for landscaping uses and the possibility of purchasing water from the State and private well owners.
Utilities Director Jose Acosta stated that the City should prioritize developing existing wells and moving forward with the river well development.
City Manager Bradford reported that staff is currently looking at engaging grant writers to seek available grants that are most fit for the project and noted that water can be purchased, but at a premium.
Discussion followed regarding adding the Wastewater Treatment Plan upgrade as a priority and goals related to traffic and parking.
Discussion continued regarding the possibility of building underground parking at Parking Lots 2 and 4, building an upper level to be used as additional recreation/housing/mixed use areas, identifying other parking lots that are unused during weekends (i.e., High School parking lot), implementing a shuttle service into town, improving Lot 72 and leasing private parking lots or public use.
Ensuing discussion pertained to adding a goal relative to improving circulation and developing multi-model transportation options including adding sidewalks, bicycle lanes, improvements to Route 246 (in coordination with Caltrans), including synchronized pedestrian crossings and traffic lights, estimated costs and Copenhagen Drive.
Mayor Uhrig invited public comments.
Jim Richardson referenced the last traffic study on Mission Drive; noted four different scenarios were considered; reported on the speed of traffic through the area; felt the only thing that will improve it is a bypass and urged City Council to consider the through-put speed when considering changes to the area.
Tracy Beard asked that before considering a bypass, City Council consider what has happened in towns, such as Sutter Creek, where by-passes have been built and how they have suffered through the years and voiced support for a wayfinding/sign program, including QR codes to identify the location of restaurants and shops.
Scott Wenz reported the City of Santa Barbara installed pavers and noted concerns with public safety and slipping.
Discussion followed regarding adding way-finding signs for vehicles and pedestrians.
City Manager Bradford discussed Fiscal Sustainability and goals under same.
Discussion followed regarding increasing Sales Tax by 1% specifically for infrastructure, exploring forming a Downtown Business Improvement District and considering funding significant public project with debt issuance.
Jim Richardson spoke on the possibility of increasing Sales Tax by 1% and discussed allocating some of the funds to CalPERS debt and the wastewater debt.
9 Bonnie Jacobsen (via Zoom) commented on the proposed tax increase as a way to fund the Senior Center and the Library.
With respect to Tourism priorities, City Manager Bradford listed broad goals and requested input from City Council.
Discussion followed regarding supporting and diversifying tourism, increasing mid-week visitor stays by accommodating business meetings, encouraging the private development of a small convention center, exploring working with the County to expand Vets Hall to improve the venue and Solvang-focused marketing.
Brenda Ball reported the Vets Hall seats 250 people and suggested enhancing and expanding the kitchen area for added break-out rooms.
City Manager Bradford listed suggestions under Law Enforcement and Safety.
Discussion followed regarding partnering with the City of Buellton for Law Enforcement services to reduce costs, the possibility of waiting until after the election to address the topic, investing in infrastructure benefiting enjoyment of Solvang for residents and businesses and exploring forming a Business Improvement District.
2. COUNCIL CLOSING COMMENTS - None
3. ADJOURNMENT- Mayor Uhrig adjourned the meeting at 12:27 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
10 February 28, 2022
Monday
6:30 p.m.
CALL TO ORDER
Mayor Uhrig called the meeting to order at 6:30 p.m.
ROLL CALL
Present: Mayor Charlie Uhrig; Mayor pro tem Mark Infanti; Councilmembers Robert Clarke, Claudia Orona and Jim Thomas
Staff: City Manager Xenia Bradford, City Attorney David Fleishman, Public Works Director Rodger Olds, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Led by Councilmember Thomas
CEREMONIAL ITEMS/COMMENDATIONS - None
PRESENTATIONS - None
PROCLAMATIONS - None
1. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT AGENDA ITEMS WRITTEN OR VERBAL
Max Hanberg provided an update on the upcoming Danish Days events.
There were no other public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Bradford summarized the recent Financial Plan Development and City Council Goal-setting session; discussed the General Plan Update; addressed the Utility Rate Study; listed events permitting and calendar and provided details of the Advance Calendar.
Mayor Uhrig announced upcoming Recreation programs.
3. COUNCIL COMMENTS AND REQUESTS
Mayor pro tem Infanti referenced a letter from Dave Jamieson regarding water rates; spoke about ensuring that people save water but are not penalized; suggested reducing meter rates and increasing usage rates and proposed reviewing the matter.
Mayor Uhrig reported that starting tomorrow, masks will no longer be required for individuals indoors and
MINUTES OF A REGULAR MEETING OF THE
SOLVANG CITY COUNCIL
11 starting March 11, masks will no longer be required for students and people in care facilities, but recommended wearing them, nonetheless. He added that masks will be required in high-transmission settings; reported that all libraries will resume in-person services and announced upcoming library events and addressed food bank statistics and an upcoming rummage sale. He wished his younger brother a Happy Birthday.
4. CONSENT AGENDA
a. Approve Order of Agenda as Presented.
b. Approve the Minutes of the City Council meeting of February 14, 2022 c. Adopt Resolution No. 22-1158, Notice of Intention to Comply with SB 619 d. Continue the Public Hearing regarding Amendments to the Municipal Code regarding Sheds and other Accessory structures to March 14, 2022
e. Continue the Public Hearing regarding Amendments to the Municipal Code regarding Boards and Commissions to March 14, 2022
f. Receive and file an update on Branding Strategy and Visitor Center Remodel work product g. Approve the Contact Information update for Bank of America Commercial Credit Account Motion by Mayor pro tem Infanti to approve the Consent Agenda, as presented, seconded by Councilmember Orona, and carried with a roll call vote of 5-0.
PUBLIC HEARINGS
5. PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 22-1159, MEASURE A, 5-YEAR
LOCAL PROGRAM OF PROJECTS
Hold the Public Hearing, take public input, close the public hearing and adopt the Measure A - 5-year local program of projects for fiscal years 2023 - 2027
City Manager Bradford introduced the item and deferred to Public Works Director Olds for a narrated PowerPoint presentation.
Discussion followed regarding the Mission Drive shoulder-widening project, the status of bridge and sewer repairs at Fredensborg Canyon Road and installing sidewalks on the east side of Fredensborg Canyon Road.
Mayor Uhrig opened the public hearing.
Max Hanberg suggested using funds to improve Copenhagen Drive.
Aaron Petersen commented on the possibility of installing bike lanes down Old Mill Road rather than widening Highway 246.
There were no other public comments and Mayor Uhrig closed the public hearing.
Motion by Councilmember Clarke to Adopt the Resolution approving the Measure A - 5-year local program of projects for fiscal years 2023 - 2027, seconded by Mayor pro tem Infanti, and carried with a roll call vote of 5-0.
REGULAR BUSINESS AGENDA
6. DISCUSSION REGARDING COPENHAGEN DRIVE CLOSURE PRELIMINARY CONCEPTUAL
PROJECT REVIEW
Receive staff report outlining options and rough cost estimates that could be considered for implementation of a permanent closure of Copenhagen Drive, and provide staff with policy direction.
City Manager Bradford introduced the item and deferred to Public Works Director Roger Olds for a narrated PowerPoint presentation.
Discussion followed regarding a previous traffic study of the area, loss of parking by keeping Copenhagen open, 12 options for keeping Copenhagen closed, conducting traffic studies with Copenhagen closed and opened and addressing the matter through the General Plan.
Mayor Uhrig invited public comments.
Dianne Wittenbrock reported the closure of Copenhagen does not benefit retailers; noted increased traffic, limited access for emergency vehicles; discussed other priorities including the City's infrastructure, beautification and maintenance, and the Wastewater Treatment Plant and opposed the permanent closure of Copenhagen.
Max Hanberg talked about reopening Copenhagen and suggested that if City Council approves the permanent closure, the City consider installing removable bollards.
Kim Jensen spoke in support of reopening Copenhagen and expressed concerns with the costs of keeping it closed.
Aaron Petersen noted a traffic study while Copenhagen is closed would be useless and talked about importance of having a fair process and getting the public, involved.
Jennifer Soni agreed with Ms. Wittenbrock’s comments; spoke about increased debris and trash on the streets; noted the need to replant flowers in the planters and opposed the permanent closure of Copenhagen.
Unidentified Speaker (via Zoom) spoke about the majority of residents and businesses in the City preferring to keep Copenhagen Drive closed; suggested having businesses pay their share and having the City facilitate the process;
Mike Lewellen (via Zoom) believed that the closure of Copenhagen enhances the town and urged City Council to approve the permanent closure of Copenhagen.
There were no other public comments.
Discussion followed regarding the pros and cons of keeping Copenhagen, closed versus opened, supporting what residents and businesses want, getting input from local businesses, Motion by Mayor pro tem Infanti to direct staff to start the process of reopening Copenhagen Drive, seconded by Councilmember Thomas, and carried with a roll call vote of 5-0.
7. DISCUSSION REGARDING TAX MEASURES OR FORMATION OF A BUSINESS
IMPROVEMENT DISTRICT
Receive staff report regarding revenue enhancing options including tax measures and authorize the City Manager to engage a consultant to conduct a poll to evaluate voter preferences City Manager Bradford narrated a PowerPoint presentation regarding the item.
Discussion followed regarding polling residents, the importance of residents understanding that the funds will be used, specifically for City infrastructure including the Library and Senior Center, pointing out that residents already pay higher sales taxes in neighboring cities and encouraging residents to support their local community.
City Attorney Fleishman reported that under a TBID, the primary benefits must go to the people being assessed.
Mayor Uhrig invited public comments.
Max Hanberg discussed a visit to Pismo Beach; spoke about the taxes he paid; felt that residents will not approve a tax increase and suggested increasing TOT.
Kim Jensen disagreed with increasing taxes; spoke about parking throughout the City and commented on the possibility of increasing TOT.
13 There were no other public comments.
Councilmember Clarke stated he does not like raising taxes and indicated he would rather raise TOT.
City Manager Bradford discussed the differences between a poll and a survey.
Motion by Councilmember Clarke to receive staff report regarding revenue enhancing options including tax measures and authorize the City Manager to engage a consultant to conduct a poll to evaluate voter preferences, seconded by Councilmember Thomas, and carried with a roll call vote of 5-0.
8. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS - None
9. ADJOURNMENT- Mayor Uhrig adjourned the meeting at 8:30 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
14 3/1/2022 6:35:53 PM Page 1 of 12
Expense Approval Report
City of Solvang By Segment (Select Below)
Payment Dates 2/1/2022 - 2/28/2022
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Petty Cash INV0009821 02/01/2022 Petty Cash- Teen Dance 02/11/…100-10007 700.00 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 1351329740 Siren 100-16002 48.77 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007638 Booster Pump Ran…100-16002 27.10 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007413 City Hall 100-16002 664.37 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007413 City Hall 100-16002 630.23 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 1351329740 Siren 100-16002 43.47 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007638 Booster Pump Ran…100-16002 56.67 Southern California Gas Compa… 9500 01/21/2022 01/21/2022 ACCT# 098 214 9500 0 100-16002 477.65 California Permits, Inc. INV0009813 02/07/2022 Refund- Fees for Building Permit…100-20020 1.00 California Permits, Inc. INV0009813 02/07/2022 Refund- Fees for Building Permit…100-20024 0.50 Platinum Plus for Business dba … 3831 02/10/22 02/10/2022 Billing-January 11,2022- Februa… 100-20037 2,914.90 MNS Engineers, Inc. 79691 01/31/2022 1546 Copenhagen Dr. 100-23011 125.00 5,689.66
Department: 1000 - Council
Jason Banta INV0009819 01/25/2022 Education- CSMFO 2022 Confer… 100-1000-100-51012 159.00 Jenny Branson INV0009827 02/01/2022 Per Diem/Expense/JBranson 100-1000-100-51012 2,628.11 Infosend, Inc 207020 02/02/2022 Publishing & Printing 100-1000-100-57015 136.92 Santa Maria Times 67535 02/11/2022 Publication- Notice of Public He…100-1000-100-57015 99.47 Santa Maria Times 67957 02/11/2022 Publishing- Notice of Public Hea…100-1000-100-57015 48.71 Maria Shafer 2022-003 SOLV 01/24/2022 Preparation of Minutes- RDRC 100-1000-100-57016 148.75 Maria Shafer 2022-004 SOLV 01/31/2022 Preparation of Minutes- Solvang…100-1000-100-57016 297.50 Maria Shafer 2022-005 SOLV 02/04/2022 Preparation of Minutes - TAC 100-1000-100-57016 276.25 Maria Shafer 2022-007 SOLV 02/18/2022 Preparation of Minutes- City Co…100-1000-100-57016 212.50 Valley Awards & More 071067 02/14/2022 City Hospitality 100-1000-100-58001 177.25 Islay Events 1005 02/04/2022 Audio/Video-City Council/TAC … 100-1000-100-63002 2,125.00 Islay Events 1006 02/04/2022 Audio/Video-City Council/TAC … 100-1000-100-63002 2,120.00 NextRequest 20193 12/16/2021 Annual Subscription Public Reco…100-1000-100-70105 4,547.81 Santa Barbara Co Sheriff Dept 1397 01/26/2022 Contracted Law Enforcement- F…100-1000-130-56006 179,302.00 Department 1000 - Council Total: 192,279.27
Department: 1100 - Administration
CalPers Financial Reporting & A… INV0009826 02/04/2022 FY 2021-22 Annual CERBT Trust… 100-1100-105-51004 56,595.73 Advantage Group, The 138801 01/31/2022 Annual Renewal/Admin Flex Fee…100-1100-105-51005 166.55 Advantage Group, The INV0009866 02/25/2022 Retirement Health 100-1100-105-51005 6,027.99 Nielsen Building Material 17955 01/24/2022 Repairs & Maintenance- HCA 100-1100-120-43021 -2.59 Nielsen Building Material 18136 01/25/2022 Repairs & Maintenance- HCA 100-1100-120-43021 -0.37 Nielsen Building Material 18528 01/27/2022 Safety Gear- WWTP 100-1100-120-43021 -0.46 Nielsen Building Material 18534 01/27/2022 Repairs & Maintenance-Roads 100-1100-120-43021 -0.81 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 100-1100-120-43021 -15.76 Carol Newsome INV0009847 02/16/2022 Payroll/Payments 100-1100-120-51000 815.20 Jennifer Neto INV0009820 02/05/2022 Employee Screening 100-1100-120-51010 30.00 Staples Advantage 3499568437 02/05/2022 Supplies- Admin 100-1100-120-52003 100.58 Federal Express Corporation 7-644-09518 01/28/2022 Payroll 100-1100-120-52008 50.33 Federal Express Corporation 7-650-75919 02/04/2022 Payroll 100-1100-120-52008 50.33 UPS Store 1882 INV0009856 01/27/2022 Payroll 100-1100-120-52008 46.92 Badawi & Associates 1143 02/08/2022 Audit 2021 100-1100-120-56013 15,325.75 Richards, Watson & Gershon A … 235745 02/18/2022 Legal Services- Administration 100-1100-120-57012 11,256.43 Richards, Watson & Gershon A … 235748 02/18/2022 Legal Services- Personnel 100-1100-120-57012 1,012.50 Infosend, Inc 207020 02/02/2022 Publishing & Printing 100-1100-120-57015 136.51 Central Courier LLC 50388 02/02/2022 Daily Bank Deposit - 2/01/22 -2… 100-1100-120-57016 559.09 Government Revenue Solutions…INV06-013595 02/03/2022 Clearview/STARS Service 3rd Q… 100-1100-120-57025 150.00 Robert Half International, Inc. 59275059 01/25/2022 Week Ending 01/21/22- JNeto 100-1100-120-57052 1,318.72 Robert Half International, Inc. 59321761 02/01/2022 Week Ending 01/28/22- JNeto 100-1100-120-57052 1,648.40 Robert Half International, Inc. 59348931 02/07/2022 Week Ended 02/02/2022 - JNeto 100-1100-120-57052 6,120.00 Satcom Global FZE AS02220868 02/01/2022 SIM Card 100-1100-120-60006 42.75 Agenda Item 4.c
15 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 2 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Adobe Systems Incorporated 1581721643 02/01/2022 IT Expenses- Adobe 100-1100-121-57064 106.13 ECS Imaging, Inc. 16667 02/02/2022 Laserfiche- Cloud 100-1100-121-57064 1,668.27 ZWorld GIS 2022-0205 02/01/2022 GIS System Support 100-1100-121-57064 784.70 Lanspeed 53579 01/07/2022 Order#1452 100-1100-121-57064 -590.83 Lanspeed 53625 02/01/2022 Monthly Billing - February 100-1100-121-57064 3,735.17 Lanspeed 53665 02/03/2022 Cloud Migration 100-1100-121-57064 2,460.63 Frontier Communications 5575 02/13/2022 02/13/2022 Acc# 805-688-5575-062171-5 100-1100-121-57064 61.26 Comcast 5898 01/28/2022 01/28/2022 Acct# 8155 70 005 0125898 100-1100-121-57064 84.76 Verizon Wireless Services, LLC 9897673819 01/19/2022 805 697-6579 Jim Thomas 100-1100-121-57064 23.41 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-9790 Emergency/#4 100-1100-121-57064 23.27 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-9450 Emergency/#3 100-1100-121-57064 23.27 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-9013 Jenny B 100-1100-121-57064 23.27 Verizon Wireless Services, LLC 9897673819 01/19/2022 805 697-6584 Charlie Uhrig 100-1100-121-57064 21.99 Verizon Wireless Services, LLC 9897673819 01/19/2022 805 697-6583 Claudia Orona 100-1100-121-57064 19.69 Verizon Wireless Services, LLC 9897673819 01/19/2022 805 697-6581 Mark Infanti 100-1100-121-57064 19.41 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-245-1860 Robert Clarke 100-1100-121-57064 19.41 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-5942 Rec Department 100-1100-121-57064 19.41 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-1900 Raymond Cano 100-1100-121-57064 29.99 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7116 Maintenance Te… 100-1100-121-57064 11.65 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-5093 Emergency/#5 100-1100-121-57064 23.27 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8671 Maintenance iPa… 100-1100-121-57064 9.51 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8671 Maintenance iPa… 100-1100-121-57064 11.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-2137 Alfredo Trejo 100-1100-121-57064 0.42 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-8119 PW & Parks On C…100-1100-121-57064 0.42 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-8119 PW & Parks On C…100-1100-121-57064 0.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-8119 PW & Parks On C…100-1100-121-57064 0.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-2137 Alfredo Trejo 100-1100-121-57064 0.33 Verizon Wireless Services, LLC 9897673819 01/19/2022 .805-588-4657 Frank Pacheco 100-1100-121-57064 0.25 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8041 Alex Quiroz 100-1100-121-57064 0.52 Verizon Wireless Services, LLC 9897673819 01/19/2022 .805-588-4657 Frank Pacheco 100-1100-121-57064 0.24 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7122 Maintenance #1 100-1100-121-57064 0.01 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7122 Maintenance #1 100-1100-121-57064 0.09 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4668 Jorge Garcia 100-1100-121-57064 0.08 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4668 Jorge Garcia 100-1100-121-57064 0.03 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7122 Maintenance #1 100-1100-121-57064 0.03 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4668 Jorge Garcia 100-1100-121-57064 0.06 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-2137 Alfredo Trejo 100-1100-121-57064 0.19 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8432 Maintenance Ipa… 100-1100-121-57064 11.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 .805-588-4657 Frank Pacheco 100-1100-121-57064 0.75 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4423 Code Enforceme… 100-1100-121-57064 0.98 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8474 Maintenance iPa… 100-1100-121-57064 11.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4423 Code Enforceme… 100-1100-121-57064 9.70 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8432 Maintenance Ipa… 100-1100-121-57064 9.51 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7122 Maintenance #1 100-1100-121-57064 0.04 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8474 Maintenance iPa… 100-1100-121-57064 9.51 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8432 Maintenance Ipa… 100-1100-121-57064 9.50 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4423 Code Enforceme… 100-1100-121-57064 0.97 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8671 Maintenance iPa… 100-1100-121-57064 9.50 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8432 Maintenance Ipa… 100-1100-121-57064 7.60 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8671 Maintenance iPa… 100-1100-121-57064 7.60 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8474 Maintenance iPa… 100-1100-121-57064 7.60 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7116 Maintenance Te… 100-1100-121-57064 3.88 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4423 Code Enforceme… 100-1100-121-57064 3.88 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4423 Code Enforceme… 100-1100-121-57064 3.88 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8474 Maintenance iPa… 100-1100-121-57064 9.50 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-7116 Maintenance Te… 100-1100-121-57064 3.88 RingCentral, Inc. CD_000360277 02/15/2022 Phone Subscription- February 100-1100-121-57064 1,057.96 Dude Solutions, Inc. CM-15468 09/20/2021 Credit Memo for INV-82268 SS 100-1100-121-57064 -14,980.00 Dude Solutions, Inc. CM-15861 11/22/2021 SmartGov Connector ECM-Laser…100-1100-121-57064 -560.00 Dude Solutions, Inc. CM-15862 11/22/2021 SmartGov Connector ECM-Laser…100-1100-121-57064 -500.00 16 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 3 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Dude Solutions, Inc. INV-101067 11/11/2021 Computer Support 2021 100-1100-121-57064 18,360.00 Dude Solutions, Inc. INV-101707 11/29/2021 Web- Based Training 100-1100-121-57064 3,741.45 Dude Solutions, Inc. INV-104503 02/01/2022 Smart Gov 100-1100-121-57064 22,839.48 DocuSign, Inc. INV31154893 02/11/2022 Support/e-Signature Enterprise …100-1100-121-57064 4,020.80 Dude Solutions, Inc. INV-95508 07/15/2021 Fees Configuration/Merchant C… 100-1100-121-57064 3,325.00 Dude Solutions, Inc. INV-98018 09/15/2021 Digital Mark-up Tool Connector… 100-1100-121-57064 1,200.00 Dude Solutions, Inc. INV-98410 09/24/2021 IT- Portal Configuration 100-1100-121-57064 1,000.00 Department 1100 - Administration Total: 149,652.07
Department: 1200 - Planning & Building
Richards, Watson & Gershon A … 235746 02/18/2022 Legal Services- Community Deve…100-1200-200-57012 5,017.50 Richards, Watson & Gershon A … 235749 02/18/2022 Legal Services- Code Enforceme…100-1200-200-57012 135.00 Sophia Checa INV0009823 02/01/2022 Project Development/Filing Fees 100-1200-200-60004 50.00 Eddie Hsueh 11 02/01/2022 Code Enforcement - 1/1/22 - 1/… 100-1200-201-57063 2,291.25 California Permits, Inc. INV0009813 02/07/2022 Refund- Fees for Building Permit…100-1200-210-31036 106.75 Willdan Engineering 002-25933 02/03/2022 Professional Services- 01/01/20…100-1200-210-57016 3,773.10 Willdan Engineering 00226002 02/10/2022 Professional Services-- 01/01/2… 100-1200-210-57016 3,055.00 Department 1200 - Planning & Building Total: 14,428.60
Department: 1300 - Parks and Recreation
Heidi Serbus INV0009849 02/16/2022 Payroll/Payment 100-1300-350-51000 928.80 Candice Libera INV0009814 02/07/2022 Refund- Class B License 100-1300-350-51012 86.96 Frederick Paul Lageman INV0009818 01/31/2022 Professional Services- Special E… 100-1300-350-57016 772.50 Christophe Millner INV0009816 02/07/2022 Recreation Program- Tai Chi 100-1300-365-31008 560.00 Santa Ynez Valley Christian Aca… INV0009822 02/07/2022 Recreation Programs- Kind Kids 100-1300-365-52005 90.00 Christophe Millner INV0009815 02/07/2022 Recreation Program- Kung Fu 100-1300-370-31008 231.00 City of Buellton 2022-0208 02/07/2022 FY 21/22 Quarter 2 100-1300-390-71010 5,805.89 Department 1300 - Parks and Recreation Total: 8,475.15
Department: 1400 - Tourism
Visit the Santa Ynez Valley INV0009863 02/24/2022 SYVTBID- December (Collected … 100-1400-400-43020 -989.34 Inner Nature 14558 01/31/2022 Village Planter Maintenance - J… 100-1400-400-57029 2,400.00 Statewide Traffic Safety and Sig… 03020201 02/10/2022 Tourism/Marketing Expense 100-1400-400-59010 53.88 Statewide Traffic Safety and Sig… 03020232 02/15/2022 Tourism/Marketing Expense 100-1400-400-59010 201.74 Rafael Garcia 14 02/01/2022 Landscape Maintenance- Cope… 100-1400-400-59010 650.00 Comcast 1629 01/15/2022 01/15/2022 ACCT#- 963061629 100-1400-400-59010 396.67 IDK Events, LLC 1799 01/10/2022 December Payment Visitor Cen… 100-1400-400-59010 8,265.11 Frontier Communications 4056 02/11/2022 02/11/2022 ACCT# 805-686-4056-091119-5 100-1400-400-59010 132.70 Visit the Santa Ynez Valley INV0009863 02/24/2022 SYVTBID- December (Collected … 700-1400-400-59016 48,477.66 Visit the Santa Ynez Valley INV0009863 02/24/2022 SYVTBID- December (Collected … 700-1400-400-61003 989.34 Department 1400 - Tourism Total: 60,577.76
Department: 1600 - Public Works/Engineering
Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 100-1600-300-52015 101.83 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 100-1600-300-52015 80.21 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 100-1600-300-52015 84.02 Aramark Uniform Service 502000383323 01/31/2022 Supplies- City Hall, Annex, Vets … 100-1600-310-52003 43.06 SiteOne Landscaping Supply, LLC 116108819-001 02/08/2022 Repairs & Maintenance- HCA 100-1600-310-53003 22.24 Nielsen Building Material 17955 01/24/2022 Repairs & Maintenance- HCA 100-1600-310-53003 145.96 Nielsen Building Material 18136 01/25/2022 Repairs & Maintenance- HCA 100-1600-310-53003 19.89 Dog Waste Depot 462910 02/01/2022 Repairs & Maintenance - SFP/H… 100-1600-310-53003 300.37 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 100-1600-310-53003 154.48 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007896 Bar BQ 100-1600-310-55001 14.03 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007479 Parks Shop (HCA) … 100-1600-310-55001 45.22 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007896 Bar BQ 100-1600-310-55001 13.31 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007479 Parks Shop (HCA) … 100-1600-310-55001 45.27 Valley Shield Termite and Pest … 11303 01/24/2022 Pest Management- HCA 100-1600-310-57057 100.00 Valley Shield Termite and Pest … 11610 02/07/2022 Pest Management 100-1600-310-57057 100.00 Procare Janitorial Supply, Inc 148583 01/21/2022 Supplies- RR#2 100-1600-320-52003 458.44 Procare Janitorial Supply, Inc 148584 01/21/2022 Supplies- RR#2 100-1600-320-52003 66.79 Procare Janitorial Supply, Inc 149182 02/11/2022 Supplies- RR#2 100-1600-320-52003 420.23 Procare Janitorial Supply, Inc 149188 02/11/2022 Supplies- RR#2 100-1600-320-52003 533.08 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007947 City park restroom…100-1600-320-55001 23.91 17 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 4 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 1840991761 1600 Mission Park… 100-1600-320-55001 261.00 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007947 City park restroom…100-1600-320-55001 22.07 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 1840991761 1600 Mission Park… 100-1600-320-55001 79.58 The Valley Gardener 31121 01/25/2022 Christmas Tree Maintenance- J… 100-1600-320-57023 300.00 Procare Janitorial Supply, Inc 148587 01/21/2022 Supplies- SFP 100-1600-330-52003 337.56 Procare Janitorial Supply, Inc 149184 02/11/2022 Supplies- SFP 100-1600-330-52003 504.96 Procare Janitorial Supply, Inc 149186 02/11/2022 Supplies- SFP 100-1600-330-52003 234.70 Dog Waste Depot 462910 02/01/2022 Repairs & Maintenance - SFP/H… 100-1600-330-53003 300.38 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 6518806365 900 Alamo Pintado…100-1600-330-55001 44.91 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 6518806365 900 Alamo Pintado…100-1600-330-55001 44.03 S.Y.R.W.C.D. ID #1 0001 01/31/22 01/26/2022 900 Alamo Pintado Rd. 100-1600-330-55002 315.81 Valley Shield Termite and Pest … 11307 01/28/2022 Pest Management- SFP 100-1600-330-57057 100.00 Valley Shield Termite and Pest … 11611 02/11/2022 Pest Management- SFP 100-1600-330-57057 100.00 Valley Shield Termite and Pest … 11612 02/04/2022 Pest Management 100-1600-330-57057 100.00 Valley Shield Termite and Pest … 11613 02/17/2022 Pest Management- SFP 100-1600-330-57057 100.00 JV Outdoor Power Equipment 10374 01/24/2022 Repairs & Maintenance- Comm… 100-1600-340-53003 160.03 JV Outdoor Power Equipment 10375 01/24/2022 Repairs & Maintenance- Comm… 100-1600-340-53003 86.97 JV Outdoor Power Equipment 10530 02/04/2022 Repairs & Maintenance- Comm… 100-1600-340-53003 45.26 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007090 Alisal Cmmn's park…100-1600-340-55001 13.62 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007090 Alisal Cmmn's park…100-1600-340-55001 12.74 Rafael Ruiz Janitor Service 1817 01/24/2022 Custodial- Restrooms 100-1600-400-57005 1,440.00 Rafael Ruiz Janitor Service 1818 01/24/2022 Custodial- Restrooms 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 1819 01/23/2022 Custodial- Restrooms 100-1600-400-57005 1,344.00 Rafael Ruiz Janitor Service 1820 01/23/2022 Custodial- Restrooms 100-1600-400-57005 3,368.00 Rafael Ruiz Janitor Service 1821 01/31/2022 Custodial- Restrooms 100-1600-400-57005 1,440.00 Rafael Ruiz Janitor Service 1822 01/31/2022 Custodial- Restrooms 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 1823 01/31/2022 Custodial- Restrooms 100-1600-400-57005 1,434.00 Rafael Ruiz Janitor Service 1826 02/07/2022 Custodial- Restrooms 100-1600-400-57005 1,440.00 Rafael Ruiz Janitor Service 1827 02/07/2022 Custodial- Restrooms 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 1828 02/07/2022 Custodial- Restrooms 100-1600-400-57005 1,344.00 Rafael Ruiz Janitor Service 1829 02/07/2022 Custodial- Restrooms 100-1600-400-57005 3,368.00 SP Maintenance Services, Inc 82893 02/22/2022 pressure washing downtown 100-1600-400-57018 3,875.84 Frank Saunders INV0009848 02/16/2022 Payroll/Payment 100-1600-600-51000 1,288.40 Infosend, Inc 207020 02/02/2022 Publishing & Printing 100-1600-600-57015 136.51 Cole Phillips 101 01/31/2022 Engineering Intern-Stipend 100-1600-600-57016 731.00 Aramark Uniform Service 502000383323 01/31/2022 Supplies- City Hall, Annex, Vets … 100-1600-610-52003 43.06 Southern California Gas Compa… 2500 01/25/22 01/25/2022 ACCT# 194 215 2500 7 100-1600-610-55001 507.77 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007128 Memorial Bldg 100-1600-610-55001 652.28 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007128 Memorial Bldg 100-1600-610-55001 670.68 Comcast 8155 02/05/2022 02/05/2022 Acct# 8155 70 005 0228155 100-1600-610-55001 86.06 Valley Shield Termite and Pest … 11308 01/24/2022 Pest Management- Vets Hall 100-1600-610-57057 100.00 Valley Shield Termite and Pest … 11616 02/07/2022 Pest Management 100-1600-610-57057 100.00 Aramark Uniform Service 502000383323 01/31/2022 Supplies- City Hall, Annex, Vets … 100-1600-620-52003 43.06 Scott Reardon's Locksmith Servi…24390 02/01/2022 Repairs & Maintenance- City Hall 100-1600-620-53003 258.48 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 100-1600-620-53003 92.54 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 100-1600-620-53003 20.00 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007413 City Hall 100-1600-620-55001 543.58 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007413 City Hall 100-1600-620-55001 515.64 Southern California Gas Compa… 9500 01/21/2022 01/21/2022 ACCT# 098 214 9500 0 100-1600-620-55001 390.80 Procare Janitorial Supply, Inc 149187 02/11/2022 Supplies- Annex 100-1600-630-52003 252.89 Aramark Uniform Service 502000383323 01/31/2022 Supplies- City Hall, Annex, Vets … 100-1600-630-52003 43.06 Valley Shield Termite and Pest … 11300 01/31/2022 Pest Management- Annex 100-1600-630-53003 75.00 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 7382657678 411 Second St 100-1600-630-55001 353.94 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 7382657678 411 Second St 100-1600-630-55001 329.65 Southern California Gas Compa… 9410 01/21/2022 01/21/2022 Acct# 188 514 9410 6 100-1600-630-55001 511.35 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007667 Conference Vistors 100-1600-650-55001 172.75 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007667 Conference Vistors 100-1600-650-55001 89.36 Procare Janitorial Supply, Inc 148581 01/20/2022 Supplies- RR#1 100-1600-670-52003 495.15 Procare Janitorial Supply, Inc 148582 01/21/2022 Supplies- RR#1 100-1600-670-52003 85.42 Procare Janitorial Supply, Inc 149183 02/11/2022 Supplies-RR#1 100-1600-670-52003 336.18 18 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 5 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Aramark Uniform Service 502000383319 01/31/2022 Supplies- RR#1 100-1600-670-52003 261.88 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 2465713408 Alisal Restroom 100-1600-670-55001 495.48 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 2465713408 Alisal Restroom 100-1600-670-55001 252.72 Procare Janitorial Supply, Inc 148585 01/21/2022 Supplies- RR#3 100-1600-680-52003 452.52 Procare Janitorial Supply, Inc 148586 01/21/2022 Supplies- RR#3 100-1600-680-52003 66.79 Aramark Uniform Service 502000383321 01/31/2022 Supplies- RR#3 100-1600-680-52003 272.16 Ferguson Waterworks #1083 9729231 01/26/2022 Repairs & Maintenance- RR#3 100-1600-680-53003 109.54 Ferguson Waterworks #1083 9729273 01/26/2022 Repairs & Maintenance- RR#3 100-1600-680-53003 22.63 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 100-1600-680-53003 119.35 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007539 Lot #3 restroom 100-1600-680-55001 550.51 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007539 Lot #3 restroom 100-1600-680-55001 307.94 Procare Janitorial Supply, Inc 149185 02/11/2022 Supplies- Roads 100-1600-690-52003 443.18 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 100-1600-690-52015 77.00 Statewide Traffic Safety and Sig… 03020088 01/25/2022 Repairs & Maintenance- Roads 100-1600-690-53003 259.37 Nielsen Building Material 18534 01/27/2022 Repairs & Maintenance-Roads 100-1600-690-53003 43.12 VTR Inc. dba Valley Tool Rentals 26961.1.2 01/31/2022 Repairs & Maintenance- Roads 100-1600-690-53003 265.00 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 100-1600-690-53003 283.84 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007080 City Sign HWY 246… 100-1600-690-53007 10.74 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0053695143 1250 Mission 100-1600-690-53007 17.23 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007080 City Sign HWY 246… 100-1600-690-53007 9.78 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0053695143 1250 Mission 100-1600-690-53007 15.49 Pacific Gas & Electric Company 5526 02/14/2022 02/14/2022 Acc# 3982645526-1 100-1600-690-55006 11,151.01 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 8848923416 Tree Lighting 1637…100-1600-690-55006 98.41 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 7478349044 Tree Lighting 1663…100-1600-690-55006 55.30 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 7478349044 Tree Lighting 1663…100-1600-690-55006 46.17 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 8848923416 Tree Lighting 1637…100-1600-690-55006 76.44 Pacific Gas & Electric Company 5526 02/14/2022 02/14/2022 Acc# 3982645526-1 100-1600-710-55001 969.65 MNS Engineers, Inc. 79839 01/31/2022 Stormwater Management Progr…100-1600-720-57016 7,121.25 SP Maintenance Services, Inc 82735 02/01/2022 Street Sweeping 100-1600-720-57022 2,770.40 Underground Service Alert of S… 120220695 02/01/2022 New Tickets - 10 100-1600-720-57028 19.64 Cannon Associates 78821 12/14/2021 Lot 4 & 5 EV Charging Station D… 300-1600-600-70105 9,078.50 Cannon Associates 79036 01/10/2022 Lot 4 & 5 EV Charging Station D… 300-1600-600-70105 828.00 Department 1600 - Public Works/Engineering Total: 74,065.45 Department: 3500 - Solvang Mesa LLD
BrightView Landscape Services 7696608 01/30/2022 SM-LLMD Landscape Maintena… 205-3500-804-53005 6,958.00 Pacific Gas & Electric Company 5240 01/12/22 01/17/2022 Acct# 0053695240 205-3500-804-55001 522.01 Pacific Gas & Electric Company 5240 02/11/22 02/11/2022 ACCT# 0053695240-1 205-3500-804-55001 1,048.47 Department 3500 - Solvang Mesa LLD Total: 8,528.48
Department: 5000 - Transit
Roadrunner Management Servi… 6624 02/01/2022 Farebox 502-5000-850-35021 -3,534.51 Roadrunner Management Servi… 6625 02/01/2022 Fuel Reimbusement- January 2… 502-5000-850-52015 8,130.85 Roadrunner Management Servi… 6624 02/01/2022 Comcast 502-5000-850-55003 105.00 City of Santa Maria Solv Contrib FY16-17 01/11/2022 Retroactive Annual Contributio… 502-5000-850-56002 961.48 City of Lompoc Finance Dept. 8118 02/09/2022 Wine Country Express - Solvang …502-5000-850-56003 1,666.66 Roadrunner Management Servi… 6624 02/01/2022 SYVT Operations Contract 502-5000-850-56010 52,300.35 Moore & Associates, Inc. 22.4772 02/02/2022 SYVT Marketing Services 502-5000-850-57001 2,671.61 Menveg Properties LLC INV0009855 02/01/2022 February Transit Rent 502-5000-850-57011 545.00 Menveg Properties LLC INV0009860 02/24/2022 March Transit Rent 502-5000-850-57011 545.00 Moore & Associates, Inc. 22.4772 02/02/2022 Printing 502-5000-850-57015 37.20 Moore & Associates, Inc. 22.4773 02/02/2022 Printing 502-5000-850-57015 2.10 Moore & Associates, Inc. 22.4773 02/02/2022 SYVT Management Services 502-5000-850-57016 2,737.50 Department 5000 - Transit Total: 66,168.24
Department: 5100 - Water
CalPers Financial Reporting & A… INV0009826 02/04/2022 FY 2021-22 Annual CERBT Trust… 500-5100-105-51004 4,468.09 Advantage Group, The 138801 01/31/2022 Annual Renewal/Admin Flex Fee…500-5100-105-51005 13.16 Advantage Group, The INV0009866 02/25/2022 Retirement Health 500-5100-105-51005 475.68 USA Blue Book 852365 01/20/2022 Safety Gear- Water 500-5100-501-51014 167.76 ReadyRefresh by Nestle 02A6702214026 01/28/2022 Supplies- Water 500-5100-501-52003 200.90 SiteOne Landscaping Supply, LLC 116105120-001 02/01/2022 Supplies- Water 500-5100-501-52003 205.29 19 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 6 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Cal-Coast Irrigation 2202-632063 02/01/2022 Supplies- Water 500-5100-501-52003 28.32 Staples Advantage 3498794129 01/29/2022 Supplies- Water 500-5100-501-52003 96.90 D & H Water Systems, Inc I2022-0183 02/10/2022 Supplies- Water 500-5100-501-52003 515.40 Santa Maria Famcon Pipe & Su… S100071376.001 01/27/2022 Supplies- Water 500-5100-501-52003 527.98 Brenntag Pacific, Inc BPI216662 02/07/2022 Chlorine Orders 500-5100-501-52014 1,081.65 D & H Water Systems, Inc I2022-0090 01/24/2022 Chlorination 500-5100-501-52014 294.38 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 500-5100-501-52015 101.35 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 500-5100-501-52015 121.00 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 500-5100-501-52015 239.29 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 500-5100-501-52015 247.10 Nielsen Building Material 16054 01/12/2022 Repairs & Maintenance-Water 500-5100-501-53003 70.04 Nielsen Building Material 16400 01/14/2022 Repairs & Maintenance- Water 500-5100-501-53003 12.31 Harrison Hardware 501372 01/10/2022 Repairs & Maintenance- Water 500-5100-501-53003 147.18 Mission Ready Mix 80695 01/27/2022 Repairs & Maintenance- Water 500-5100-501-53003 862.00 USA Blue Book 849296 01/18/2022 Repairs & Maintenance 500-5100-501-53003 167.77 USA Blue Book 854982 01/24/2022 Repairs & Maintenance- Water 500-5100-501-53003 218.01 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 500-5100-501-53003 47.91 Santa Maria Famcon Pipe & Su… S100070072.002 01/21/2022 Repairs & Maintenance- Water 500-5100-501-53003 17.24 R & M Diesel Service & Towing INV0009859 02/15/2022 new DEF fluid float for Generat… 500-5100-501-53008 146.06 R & M Diesel Service & Towing INV0009859 02/15/2022 new DEF fluid float for Generat… 500-5100-501-53008 3,000.00 Pacific Gas & Electric Company 0769 02/02/2022 02/02/2022 ACCT# 4922450769-6 500-5100-501-55005 699.80 Pacific Gas & Electric Company 0769 02/10/2022 02/10/2022 Acct# 4922450769-6 500-5100-501-55005 1,932.73 Pacific Gas & Electric Company 4776 02/15/22 02/15/2022 Acct# 8496674776-2 500-5100-501-55005 1,536.97 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007810 Pump (175 Alisal) 500-5100-501-55005 732.82 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 6977181775 Booster Station 70…500-5100-501-55005 864.18 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007323 Pump 75 HP/Well … 500-5100-501-55005 554.79 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007241 Water Well #7 500-5100-501-55005 3,457.92 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007414 Water Control Val… 500-5100-501-55005 10.73 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007364 Valve Old Mill Rd 500-5100-501-55005 12.77 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 4486137289 146 Rancho Alisal 500-5100-501-55005 15.48 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007287 Well #4 500-5100-501-55005 1,520.34 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007428 Reservoir 500-5100-501-55005 43.14 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007780 Well #3 500-5100-501-55005 362.41 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007110 Mun Improvement…500-5100-501-55005 15.77 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007428 Reservoir 500-5100-501-55005 40.44 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007323 Pump 75 HP/Well … 500-5100-501-55005 1,308.01 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007287 Well #4 500-5100-501-55005 2,580.73 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007414 Water Control Val… 500-5100-501-55005 9.71 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007110 Mun Improvement…500-5100-501-55005 14.99 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007780 Well #3 500-5100-501-55005 208.02 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 4486137289 146 Rancho Alisal 500-5100-501-55005 13.78 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007241 Water Well #7 500-5100-501-55005 307.61 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007810 Pump (175 Alisal) 500-5100-501-55005 791.83 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 6977181775 Booster Station 70…500-5100-501-55005 571.51 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007364 Valve Old Mill Rd 500-5100-501-55005 11.64 S.Y.R.W.C.D. ID #1 5001 01/31/22 01/31/2022 1890 Old Mill Rd. 500-5100-501-55010 2,828.19 S.Y.R.W.C.D. ID #1 7501 01/31/22 01/31/2022 Alamo Pintado Rd. 500-5100-501-55010 1,767.62 FGL Environmental, Inc. 117042A 01/25/2022 Lab fees 500-5100-501-57010 774.00 FGL Environmental, Inc. 118322A 01/25/2022 Lab fees 500-5100-501-57010 300.00 FGL Environmental, Inc. 118551A 01/06/2022 Lab fees 500-5100-501-57010 12.00 FGL Environmental, Inc. 118552A 01/04/2022 Lab fees 500-5100-501-57010 60.00 FGL Environmental, Inc. 200212A 01/17/2022 Lab fees 500-5100-501-57010 65.00 FGL Environmental, Inc. 200213A 01/17/2022 Lab fees 500-5100-501-57010 13.00 FGL Environmental, Inc. 200610A 01/26/2022 Lab fees 500-5100-501-57010 110.00 FGL Environmental, Inc. 200614A 01/26/2022 Lab fees 500-5100-501-57010 13.00 FGL Environmental, Inc. 200615A 01/26/2022 Lab fees 500-5100-501-57010 65.00 FGL Environmental, Inc. 200987A 01/28/2022 Lab fees 500-5100-501-57010 103.00 FGL Environmental, Inc. 200988A 01/28/2022 Lab fees 500-5100-501-57010 13.00 Richards, Watson & Gershon A … 235747 02/18/2022 Legal Services-Water Rights 500-5100-501-57012 8,415.00 County of Santa Barbara 661 02/07/2022 IRWM Program 500-5100-501-57016 256.77 20 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 7 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount HDR Engineering, Inc. 1200409690 02/14/2022 Water/Wastewater Fee Study 500-5100-501-57024 1,403.50 Underground Service Alert of S… 120220695 02/01/2022 New Tickets - 10 500-5100-501-57028 20.22 Underground Service Alert of S… 120220695 02/01/2022 New Tickets - 10 500-5100-501-57028 19.64 SiteOne Landscaping Supply, LLC 115992213-001 02/08/2022 Water Meter Replacement 500-5100-501-57030 262.95 Tyler Technologies, Inc 025-368402 02/23/2022 Utility Billing - Maintenance 500-5100-501-57064 20.00 Frontier Communications 1425 02/13/2022 02/13/2022 Acct# 805-686-1425-080105-5 500-5100-501-57064 164.51 ECS Imaging, Inc. 16667 02/02/2022 Laserfiche- Cloud 500-5100-501-57064 207.71 ZWorld GIS 2022-0205 02/01/2022 GIS System Support 500-5100-501-57064 97.70 Lanspeed 53579 01/07/2022 Order#1452 500-5100-501-57064 -73.56 Lanspeed 53625 02/01/2022 Monthly Billing - February 500-5100-501-57064 465.05 Lanspeed 53665 02/03/2022 Cloud Migration 500-5100-501-57064 306.36 Frontier Communications 5575 02/13/2022 02/13/2022 Acc# 805-688-5575-062171-5 500-5100-501-57064 7.63 Comcast 5898 01/28/2022 01/28/2022 Acct# 8155 70 005 0125898 500-5100-501-57064 10.55 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-245-6580 Water/SCADA Dia…500-5100-501-57064 57.69 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4424 Mike Mathews 500-5100-501-57064 31.84 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8659 Water iPad #1 500-5100-501-57064 38.01 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8264 Water iPad #3 500-5100-501-57064 38.01 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-5645 Andrew Guynn 500-5100-501-57064 6.36 Verizon Wireless Services, LLC 9897673819 01/19/2022 Cody Kephart- 805-325-0486 500-5100-501-57064 6.22 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-350-8659 Water iPad #2 500-5100-501-57064 38.01 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-6825 Keith Cote 500-5100-501-57064 0.67 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4659 Water On-Call Ph…500-5100-501-57064 0.17 Dude Solutions, Inc. INV-101707 11/29/2021 Web- Based Training 500-5100-501-57064 465.83 Dude Solutions, Inc. INV-104503 02/01/2022 Smart Gov 500-5100-501-57064 2,843.66 DocuSign, Inc. INV31154893 02/11/2022 Support/e-Signature Enterprise …500-5100-501-57064 500.61 AutoSys, LLC INV-0096 02/15/2022 Open PO for Kevin 500-5100-501-70851 1,050.00 Meridian Consultants LLC 4404 11/30/2021 Meridian R Wells EIR Addendum…500-5100-501-70852 5,837.50 Meridian Consultants LLC 4404 11/30/2021 Water EIR Addendum 500-5100-501-70852 3,893.50 Allison Piligian INV0009850 02/15/2022 Landscape Rebate Program 500-5100-501-70938 1,500.00 Sunbeam Solar Technologies, In…JC1611x2Dec 12/31/2021 Fredensborg Canyon Waterline …803-5100-501-70105 8,862.00 Sunbeam Solar Technologies, In…JC1611x3Jan 01/30/2022 Fredensborg Canyon Waterline …803-5100-501-70105 7,260.00 Department 5100 - Water Total: 81,228.81
Department: 5200 - Sanitary Sewer
CalPers Financial Reporting & A… INV0009826 02/04/2022 FY 2021-22 Annual CERBT Trust… 501-5200-105-51004 4,468.09 Advantage Group, The 138801 01/31/2022 Annual Renewal/Admin Flex Fee…501-5200-105-51005 13.04 Advantage Group, The INV0009866 02/25/2022 Retirement Health 501-5200-105-51005 475.68 Western Aeromedical Consorti… 116319 01/24/2022 Employee Screening 501-5200-502-51009 11.00 Matthew Goodwin INV0009824 02/07/2022 Education- Test Fee MGoodwin 501-5200-502-51012 85.00 Procare Janitorial Supply, Inc 148669 01/26/2022 Supplies-WWTP 501-5200-502-52003 125.22 Procare Janitorial Supply, Inc 148669-1 02/14/2022 Supplies-WWTP 501-5200-502-52003 53.57 USA Blue Book 853805 01/21/2022 Supplies- WWTP 501-5200-502-52003 87.57 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5200-502-52015 125.06 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5200-502-52015 69.05 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5200-502-52015 97.01 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007719 Sewage lift station… 501-5200-502-55001 185.81 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007719 Sewage lift station… 501-5200-502-55001 186.01 HDR Engineering, Inc. 1200409690 02/14/2022 Water/Wastewater Fee Study 501-5200-502-57024 1,603.85 Water Systems Consulting, Inc. 6371 12/31/2021 Sewer Master Plan Update 2021 501-5200-502-57024 1,358.75 Tyler Technologies, Inc 025-368402 02/23/2022 Utility Billing - Maintenance 501-5200-502-57064 20.00 ECS Imaging, Inc. 16667 02/02/2022 Laserfiche- Cloud 501-5200-502-57064 78.66 ZWorld GIS 2022-0205 02/01/2022 GIS System Support 501-5200-502-57064 37.00 Lanspeed 53579 01/07/2022 Order#1452 501-5200-502-57064 -27.86 Lanspeed 53625 02/01/2022 Monthly Billing - February 501-5200-502-57064 176.12 Lanspeed 53665 02/03/2022 Cloud Migration 501-5200-502-57064 116.02 Frontier Communications 5575 02/13/2022 02/13/2022 Acc# 805-688-5575-062171-5 501-5200-502-57064 2.89 Comcast 5898 01/28/2022 01/28/2022 Acct# 8155 70 005 0125898 501-5200-502-57064 4.00 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-2568 Trevor Holly 501-5200-502-57064 0.23 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4664 Nathan Giacinto 501-5200-502-57064 4.38 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-245-1207 Sewer iPad 501-5200-502-57064 38.01 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8482 WWTP iPad 501-5200-502-57064 18.62 21 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 8 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-1898 Nick Rivera 501-5200-502-57064 0.60 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-9056 -WWTP On Call 501-5200-502-57064 11.40 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-5943 Jeff Morss 501-5200-502-57064 0.05 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-2137 Paul Matsukas 501-5200-502-57064 0.06 Dude Solutions, Inc. INV-101707 11/29/2021 Web- Based Training 501-5200-502-57064 176.42 Dude Solutions, Inc. INV-104503 02/01/2022 Smart Gov 501-5200-502-57064 1,076.92 DocuSign, Inc. INV31154893 02/11/2022 Support/e-Signature Enterprise …501-5200-502-57064 189.59 Department 5200 - Sanitary Sewer Total: 10,867.82
Department: 5300 - WasteWater
CalPers Financial Reporting & A… INV0009826 02/04/2022 FY 2021-22 Annual CERBT Trust… 501-5300-105-51004 4,468.09 Advantage Group, The 138801 01/31/2022 Annual Renewal/Admin Flex Fee…501-5300-105-51005 13.25 Advantage Group, The INV0009866 02/25/2022 Retirement Health 501-5300-105-51005 476.42 Nielsen Building Material 18528 01/27/2022 Safety Gear- WWTP 501-5300-503-51014 24.77 Atco International 135133 01/26/2022 Supplies- WWTP 501-5300-503-52003 244.30 Santa Ynez Valley Hardware INV0009825 01/31/2022 Monthly Billing 501-5300-503-52003 182.98 Polydyne, Inc 1613207 02/02/2022 Blanket PO for Polymer 21/22 501-5300-503-52010 1,405.17 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5300-503-52011 255.53 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5300-503-52015 117.84 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5300-503-52015 69.05 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5300-503-52015 494.81 Jim's Service Center INV0009861 01/31/2022 Vehicle Fuel- January 501-5300-503-52015 132.73 Buellton Auto Parts ID-140565 01/31/2022 Vehicle Repairs & Maintenance 501-5300-503-53008 220.44 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 402220705 Waste Str Plant 501-5300-503-55001 10,951.70 Pacific Gas & Electric Company 7582 01/19/2022 01/19/2022 0408007614 Fjord 501-5300-503-55001 2,030.10 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 0408007614 Fjord 501-5300-503-55001 1,857.28 Pacific Gas & Electric Company 7582 02/16/2022 02/16/2022 402220705 Waste Str Plant 501-5300-503-55001 12,205.14 Oilfield Environmental & Compl…2106527 11/17/2021 Blanket PO for lab Fees 21/22 501-5300-503-57010 269.00 Oilfield Environmental & Compl…2200331 01/26/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 299.00 Oilfield Environmental & Compl…2200332 01/26/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 554.00 Oilfield Environmental & Compl…2200472 02/08/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 299.00 Oilfield Environmental & Compl…2200614 02/07/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 299.00 Oilfield Environmental & Compl…2200767 02/10/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 252.00 Oilfield Environmental & Compl…2200783 02/10/2022 Blanket PO for lab Fees 21/22 501-5300-503-57010 284.00 Engel & Gray 21G00006 01/16/2022 Blanket PO for Sludge Disposal … 501-5300-503-57020 1,207.95 Engel & Gray 21N00007 01/23/2022 Blanket PO for Sludge Disposal … 501-5300-503-57020 1,804.15 Engel & Gray 21U00005 01/30/2022 Blanket PO for Sludge Disposal … 501-5300-503-57020 1,734.64 Engel & Gray 22600010 02/06/2022 Blanket PO for Sludge Disposal … 501-5300-503-57020 1,191.04 HDR Engineering, Inc. 1200409690 02/14/2022 Water/Wastewater Fee Study 501-5300-503-57024 501.40 Kiza, Inc. 1166 10/06/2021 Monthly Internet Service - Octo…501-5300-503-57064 300.00 Kiza, Inc. 1177 12/06/2021 Monthly Internet Service - Dec… 501-5300-503-57064 300.00 Kiza, Inc. 1181 01/06/2022 Monthly Internet Service - Janu… 501-5300-503-57064 300.00 Kiza, Inc. 1186 02/06/2022 Monthly Internet Service- Febr… 501-5300-503-57064 300.00 ECS Imaging, Inc. 16667 02/02/2022 Laserfiche- Cloud 501-5300-503-57064 171.36 ZWorld GIS 2022-0205 02/01/2022 GIS System Support 501-5300-503-57064 80.60 Frontier Communications 2900 01/28/2022 01/28/2022 805-688-2900-110481-5 501-5300-503-57064 71.25 Lanspeed 53579 01/07/2022 Order#1452 501-5300-503-57064 -60.69 Lanspeed 53625 02/01/2022 Monthly Billing - February 501-5300-503-57064 383.66 Lanspeed 53665 02/03/2022 Cloud Migration 501-5300-503-57064 252.75 Frontier Communications 5575 02/13/2022 02/13/2022 Acc# 805-688-5575-062171-5 501-5300-503-57064 6.29 Comcast 5898 01/28/2022 01/28/2022 Acct# 8155 70 005 0125898 501-5300-503-57064 8.70 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-8482 WWTP iPad 501-5300-503-57064 19.39 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-325-9056 -WWTP On Call 501-5300-503-57064 11.87 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4424 Mike Mathews 501-5300-503-57064 3.54 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-2568 Trevor Holly 501-5300-503-57064 2.24 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-5943 Jeff Morss 501-5300-503-57064 0.44 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-757-2137 Paul Matsukas 501-5300-503-57064 0.11 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-1898 Nick Rivera 501-5300-503-57064 0.06 Verizon Wireless Services, LLC 9897673819 01/19/2022 805-588-4664 Nathan Giacinto 501-5300-503-57064 24.64 Dude Solutions, Inc. INV-101707 11/29/2021 Web- Based Training 501-5300-503-57064 384.30 Dude Solutions, Inc. INV-104503 02/01/2022 Smart Gov 501-5300-503-57064 2,345.94 22 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 9 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount DocuSign, Inc. INV31154893 02/11/2022 Support/e-Signature Enterprise …501-5300-503-57064 413.00 Department 5300 - WasteWater Total: 49,164.23
Grand Total: 721,125.54
23 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 10 of 12
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 445,794.46
205 - SKYTT MESA LLMD 8,528.48
300 - CAPITAL PROJECTS FUND 9,906.50
500 - WATER FUND 65,106.81
501 - WASTEWATER FUND 60,032.05
502 - TRANSIT FUND 66,168.24
700 - SYV - TOURISM BUS IMP DIST 49,467.00
803 - WATER CAPITAL PROJECTS 16,122.00
Grand Total: 721,125.54
Account Summary
Account Number Account Name Payment Amount
100-1000-100-51012 Education 2,787.11
100-1000-100-57015 Printing and Publishing 285.10
100-1000-100-57016 Professional Services 935.00
100-1000-100-58001 City Hospitality 177.25
100-1000-100-63002 Audio/Video System R/M 4,245.00
100-1000-100-70105 Projects 4,547.81
100-1000-130-56006 Law Enforcement Contract 179,302.00
100-10007 Petty Cash-Recreation 700.00
100-1100-105-51004 Other Post Emp Benefits -… 56,595.73 100-1100-105-51005 Retiree Medical/Dental/Li… 6,194.54
100-1100-120-43021 Accts Payable Discounts -19.99
100-1100-120-51000 Salaries 815.20
100-1100-120-51010 Employee Screening 30.00
100-1100-120-52003 Supplies 100.58
100-1100-120-52008 Postage 147.58
100-1100-120-56013 Audit 15,325.75
100-1100-120-57012 Legal Fees 12,268.93
100-1100-120-57015 Printing and Publishing 136.51
100-1100-120-57016 Professional Services 559.09
100-1100-120-57025 Studies/Sales Tax 150.00
100-1100-120-57052 Temporary Agency Servic… 9,087.12
100-1100-120-60006 EOC Phone 42.75
100-1100-121-57064 IT Expenses 48,218.28
100-1200-200-57012 Legal Fees 5,152.50
100-1200-200-60004 Project Development/Fili… 50.00
100-1200-201-57063 Code Enforcement 2,291.25
100-1200-210-31036 Building Permits 106.75
100-1200-210-57016 Professional Services 6,828.10
100-1300-350-51000 Salaries 928.80
100-1300-350-51012 Education 86.96
100-1300-350-57016 Professional Services 772.50
100-1300-365-31008 Recreation Fees 560.00
100-1300-365-52005 Recreation Programs 90.00
100-1300-370-31008 Recreation Fees 231.00
100-1300-390-71010 Buellton - Reimbursement… 5,805.89
100-1400-400-43020 TBID - Admin. Reimburse… -989.34
100-1400-400-57029 Village Planter Maint. 2,400.00
100-1400-400-59010 Tourism/Marketing Expen… 9,700.10
100-16002 REIMBURSEABLE A/P PA… 1,948.26
100-1600-300-52015 Vehicle Fuel 266.06
100-1600-310-52003 Supplies 43.06
100-1600-310-53003 Repairs and Maintenance 642.94
100-1600-310-55001 Utilities 117.83
100-1600-310-57057 Pest Management 200.00
100-1600-320-52003 Supplies 1,478.54
24 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
100-1600-320-55001 Utilities 386.56
100-1600-320-57023 Tree Maintenance 300.00
100-1600-330-52003 Supplies 1,077.22
100-1600-330-53003 Repairs and Maintenance 300.38
100-1600-330-55001 Utilities 88.94
100-1600-330-55002 Water and Sewer Charges 315.81
100-1600-330-57057 Pest Management 400.00
100-1600-340-53003 Repairs and Maintenance 292.26
100-1600-340-55001 Utilities 26.36
100-1600-400-57005 Custodial-Restrooms 18,778.00
100-1600-400-57018 Sidewalk Cleaning 3,875.84
100-1600-600-51000 Salaries 1,288.40
100-1600-600-57015 Printing and Publishing 136.51
100-1600-600-57016 Professional Services 731.00
100-1600-610-52003 Supplies 43.06
100-1600-610-55001 Utilities 1,916.79
100-1600-610-57057 Pest Management 200.00
100-1600-620-52003 Supplies 43.06
100-1600-620-53003 Repairs and Maintenance 371.02
100-1600-620-55001 Utilities 1,450.02
100-1600-630-52003 Supplies 295.95
100-1600-630-53003 Repairs and Maintenance 75.00
100-1600-630-55001 Utilities 1,194.94
100-1600-650-55001 Utilities 262.11
100-1600-670-52003 Supplies 1,178.63
100-1600-670-55001 Utilities 748.20
100-1600-680-52003 Supplies 791.47
100-1600-680-53003 Repairs and Maintenance 251.52
100-1600-680-55001 Utilities 858.45
100-1600-690-52003 Supplies 443.18
100-1600-690-52015 Vehicle Fuel 77.00
100-1600-690-53003 Repairs and Maintenance 851.33
100-1600-690-53007 Highway Entrance Signs 53.24
100-1600-690-55006 Street Light Power 11,427.33
100-1600-710-55001 Utilities 969.65
100-1600-720-57016 Professional Services - S… 7,121.25
100-1600-720-57022 Street Sweeping 2,770.40
100-1600-720-57028 Underground Alert 19.64
100-20020 Due to CA Bldg Stnds Co… 1.00
100-20024 Due to SMIP 0.50
100-20037 Business Card Payable 2,914.90
100-23011 Public Work Deposits 125.00
205-3500-804-53005 Open Space/Landscape Mt 6,958.00
205-3500-804-55001 Utilities 1,570.48
300-1600-600-70105 Projects -GEN FUND 9,906.50
500-5100-105-51004 Other Post Emp Benefits -… 4,468.09
500-5100-105-51005 Retiree Medical/Dental/Li… 488.84
500-5100-501-51014 Safety Gear 167.76
500-5100-501-52003 Supplies 1,574.79
500-5100-501-52014 Chlorination 1,376.03
500-5100-501-52015 Vehicle Fuel 708.74
500-5100-501-53003 Repairs and Maintenance 1,542.46
500-5100-501-53008 Vehicle Repairs & Maint. 3,146.06
500-5100-501-55005 Power for Pumping 17,618.12
500-5100-501-55010 Purchased Water 4,595.81
500-5100-501-57010 Lab Fees 1,528.00
500-5100-501-57012 Legal Fees 8,415.00
500-5100-501-57016 Professional Services 256.77
25 Expense Approval Report Payment Dates: 2/1/2022 - 2/28/2022 3/1/2022 6:35:53 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
500-5100-501-57024 Studies 1,403.50
500-5100-501-57028 Underground Alert 39.86
500-5100-501-57030 Water Meter Replacement 262.95
500-5100-501-57064 IT Expenses - Water Fund 5,233.03
500-5100-501-70851 SCADA Upgrades 1,050.00
500-5100-501-70852 River Well Development 9,731.00
500-5100-501-70938 Water Conservation Progr… 1,500.00
501-5200-105-51004 Other Post Emp Benefits -… 4,468.09
501-5200-105-51005 Retiree Medical/Dental/Li… 488.72
501-5200-502-51009 Employee Medical Exams 11.00
501-5200-502-51012 Education 85.00
501-5200-502-52003 Supplies 266.36
501-5200-502-52015 Vehicle Fuel 291.12
501-5200-502-55001 Utilities 371.82
501-5200-502-57024 Studies 2,962.60
501-5200-502-57064 IT Expenses - Sewer 1,923.11
501-5300-105-51004 Other Post Emp Benefits -… 4,468.09
501-5300-105-51005 Retiree Medical/Dental/Li… 489.67
501-5300-503-51014 Safety Gear 24.77
501-5300-503-52003 Supplies 427.28
501-5300-503-52010 Chemicals 1,405.17
501-5300-503-52011 Fuel for Generator 255.53
501-5300-503-52015 Vehicle Fuel 814.43
501-5300-503-53008 Vehicle Repairs & Maint. 220.44
501-5300-503-55001 Utilities 27,044.22
501-5300-503-57010 Lab Fees 2,256.00
501-5300-503-57020 Sludge Disposal 5,937.78
501-5300-503-57024 Studies 501.40
501-5300-503-57064 IT Expenses - WWTP 5,319.45
502-5000-850-35021 Fare Box Revenue -3,534.51
502-5000-850-52015 Vehicle Fuel 8,130.85
502-5000-850-55003 Communications 105.00
502-5000-850-56002 Breeze 200 961.48
502-5000-850-56003 Wine Country Express 1,666.66
502-5000-850-56010 Transit Contract 52,300.35
502-5000-850-57001 Marketing & Advertising 2,671.61
502-5000-850-57011 Lease Payments 1,090.00
502-5000-850-57015 Printing and Publishing 39.30
502-5000-850-57016 Professional Services 2,737.50
700-1400-400-59016 SYVTBID Payments 48,477.66
700-1400-400-61003 City Admin Fee 989.34
803-5100-501-70105 Projects -WATER 16,122.00
Grand Total: 721,125.54
Project Account Summary
Project Account Key Payment Amount
**None** 682,238.52
Dist 38,887.02
Grand Total: 721,125.54
26 Agenda Item Number: 4d
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 14
SUBJECT: ADOPT RESOLUTION NO. 2-1161, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SOLVANG,
CALIFORNIA AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF COUNCIL, COMMISSIONS AND COMMITTEES
RECOMMENDATION:
Adopt Resolution No. 2-1161 to allow for continued remote attendance to teleconferenced meetings of the City Council, Planning Commission and Committees.
SUMMARY:
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which modified the Brown Act to provide that a legislative body subject to the Brown Act may continue to meet under modified teleconferencing rules if the meeting occurred during a proclaimed state of emergency and state or local officials had imposed or recommended measures to promote social distancing.
On September 28, 2021, the Santa Barbara County Health Department recommended that measures be implemented to promote social distancing, as set forth in a document entitled “Health Officials AB 361 Social Distance Recommendation”, attached as Exhibit A to the Resolution.
State or local officials have recommended measures to promote social distancing, including the holding of virtual meetings for legislative bodies within the County of Santa Barbara. Therefore, in reconsideration of the circumstances of the State of Emergency declared by Governor Newsom and findings that the State of Emergency still warrants the option of teleconferencing for City Council meetings, it is in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, we find necessity in invoking the provisions of AB 361 related to teleconferencing.
27 A meeting of the City Council was conducted virtually, in part, on October 11, 2021, and therefore, the City Council adoption of the Resolution would be in conformity with AB 361. Staff would return to the City Council no later than thirty (30) days after the adoption of the Resolution, or at the next meeting of the City Council if later than thirty (30) days after adoption of the Resolution, for the City Council to consider whether to again make the findings required to meet under the modified teleconference procedures of AB 361.
ALTERNATIVES:
N/A
FISCAL IMPACT:
None.
ATTACHMENTS
A – Resolution No. 261
28 RESOLUTION NO. 22-1161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL
PLANNING COMMISSION, DESIGN REVIEW COMMITTEE & TOURISM ADVISORY
COMMITTEE
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic, which Proclamation remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, modifying the teleconferencing rules set forth in the Brown Act, Government Code sections 54950 et seq., subject to compliance with certain requirements; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, providing that the modifications to the teleconferencing rules under the Brown Act would remain in place through September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which modified the Brown Act to provide that a legislative body subject to the Brown Act may continue to meet under modified teleconferencing rules if the meeting occurs during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, on September 28, 2021, the Santa Barbara County Health Department recommended that measures be implemented to promote social distancing, as set forth in a document entitled "Health Officials AB 361 Social Distance Recommendation", attached hereto as Exhibit A and incorporated herein; and WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council finds it necessary to invoke the provisions of AB 361 related to teleconferencing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are adopted as findings in support of this Resolution.
SECTION 2. The City Council has reconsidered the circumstances of the State of Emergency declared by Governor Newsom and finds that the State of Emergency still warrants the option of teleconferencing for City Council, Commission and Committee meetings.
SECTION 3. State or local officials have recommended measures to promote social distancing, including the holding of virtual meetings for legislative bodies within the County of Santa Barbara.
Reso No. 22-1161
Remote Teleconferencing of meetings
29 SECTION 4. A meeting of the City Council was conducted virtually, in part, on October 11, 2021, and therefore, the City Council adopts this Resolution in conformity with AB 361.
SECTION 5. Staff is directed to return to the City Council no later than thirty (30) days after the adoption of this Resolution, or at the next meeting of the City Council if later than thirty (30) days after adoption of this Resolution, for the City Council to consider whether to again make the findings required to meet under the modified teleconference procedures of AB 361.
SECTION 6. This resolution shall be effective immediately upon adoption.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 14th day of March 2022.
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
Dave Fleishman, City Attorney Annamarie Porter, City Clerk Reso No. 22-1161
Remote Teleconferencing of meetings
30 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOL VANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1161 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 14th day of March 2022 and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
Reso No. 22-1161
Remote Teleconferencing of meetings
31 Santa Barbara County
P�.sucH
-1 ea Ith
DEPARTMENT
Van Do-Reynoso, MPH, PhD Director
Suzanne Jacobson, CPA Chief Financial Officer
Paige Batson, MA, PHN, RN Deputy Director
Darrin Eisenbarth Deputy Director
Dana Gamble, LCSW Interim Deputy Director
Polly Baldwin, MD, MPH Meaica/ Director
Henning Ansorg, MD Health Officer
EXHIBIT A
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE RECOMMENDATION
Issued: September 28, 2021
COVID-19 disease prevention measures, endorsed by the Centers for Disease Control and Prevention, include vaccinations, facial coverings, increased indoor ventilation, handwashing, and physical distancing (particularly indoors).
Since March 2020, local legislative bodies-such as commissions, committees, boards, and councils- have successfully held public meetings with teleconferencing as authorized by Executive Orders issued by the Governor. Using technology to allow for virtual participation in public meetings is a social distancing measure that may help control transmission of the SARSCo V :-2 virus. Public meetings bring together many individuals (both vaccinated and potentially unvaccinated), from multiple households, in a single indoor space for an extended time. For those at increased risk for infection, or subject to an isolation or quarantine order, teleconferencing allows for full participation in public meetings, while protecting themselves and others from the CO VID-19 virus.
Utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease. This recommendation is further intended to satisfy the requirement of the Brown Act (specifically Gov't Code Section 54953(e)(l)(A)), which allows local legislative bodies in the County of Santa Barbara to use certain available teleconferencing options set forth in the Brown Act. er
County of Santa Barbara
Van�hD
Public Health Director
County of Santa Barbara
Healthy people, healthy community, healthy environment. 32 Agenda Item Number: 4e
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: March 14, 2022
SUBJECT: APPROVE FTA SECTION 5311 GRANT AGREEMENT AND ADOPT RESOLUTION NO. 22-1161
RECOMMENDATION:
That the City adopt Resolution No. 22-1161, a Resolution of the City Council of the City of Solvang authorizing the City Manager to execute an FTA Section 5311 Grant Agreement with the California Department of Transportation for operations assistance for the Santa Ynez Valley Transit System for fiscal year 2021/22.
DISCUSSION:
The U.S. Department of Transportation provides federal funding to states for transit operations through the Federal Transit Administration (FTA) to support operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act. The California Department of Transportation (Caltrans) administers these federal Section 5311 grant funds for rural transit and intercity bus service throughout the state.
The Santa Ynez Valley Transit System is allocated Section 5311 funds annually for the operation of the SYVT service. Section 5311 funds are an integral and necessary part of the funding for Santa Ynez Valley Transit (SYVT) system. The fiscal year 21-22 FTA Section 5311 grant award will be $279,820.
The FTA requires an authorizing resolution designating a City representative to make application for and to sign certifications and assurances for FTA Section 5311 programs, projects and grants. The City of Solvang, acting as administrator of the SYVT Joint Powers Agreement, must submit the grant applications for any operating and/or capital grants that may be available. In order to accomplish this, the City is required to provide a resolution to comply with FTA regulations for each fiscal year.
Approval of the attached resolution to enable the City to apply for FTA Section 5311 grant funds on behalf of SYVT to enable the system to continue to operate.
ALTERNATIVES:
City Council could choose not to approve the resolution. This would require the SYVT to pursue other funding sources in order to maintain current service levels.
FISCAL IMPACT:
The City’s application for FTA Section 5311 grant funds for fiscal year 2021/22 operations is for approximately $279,820.
ATTACHMENTS:
A. Resolution 22-1161: FTA Section 5311 Grant Agreement 33 RESOLUTION NO. 22-1161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN FTA 5311 GRANT
AGREEMENT WITH CALTRANS FOR OPERATION
ASSISTANCE FOR PUBLIC TRANSIT
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support operating assistance projects for nonurbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1F); and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus service; and WHEREAS, the City of Solvang desires to apply for said financial assistance to permit operation of service of the Santa Ynez Valley Transit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Solvang does hereby authorize the City Manager to execute an FTA 5311 Grant Agreement with Caltrans for operating assistance for a public transit system in the City of Solvang to fulfill the unmet need.
SECTION 2. That the City Manager is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department.
SECTION 3. That the City Manager is authorized to provide additional information as the Department may require in connection with the application for Section 5311 projects.
SECTION 4. That the City manager is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5311 project(s) for the fiscal year 2021-22 operations.
SECTION 5. That this resolution shall be effective immediately upon adoption.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 14th day of March, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment A
34 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1161 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 14th day of March 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
35 Agenda Item Number: 4f
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: March 14, 2022
SUBJECT: ADOPTING RESOLUTION NO. 22-1162 FOR FY 2022-2023 TDA CLAIM RECOMMENDATION:
That the City adopt Resolution No. 22-1162, a Resolution of the City Council of the City of Solvang authorizing the City Manager to execute and file an appropriate claim with the Santa Barbara County Association of Governments for Transportation Development Act (TDA) funds for the Santa Ynez Valley Transit System for fiscal year 2022-2023.
DISCUSSION:
The TDA provides funding for various transportation programs including transit. TDA Transit funds are distributed to each transit agency in Santa Barbara County from the state through the Santa Barbara County Association of Governments (SBCAG). SBCAG’s TDA claims process requires a resolution authorizing a City representative to execute and file claim documents for Transportation Development Act funds.
The Santa Ynez Valley Transit System is allocated TDA funds annually for the operation of the SYVT service. The City of Solvang, acting as administrator of the SYVT Joint Powers Agreement, must submit an annual TDA claim to SBCAG in order to receive this funding. A resolution authorizing submittal of the annual TDA claim is required to be submitted with the claim forms. The City of Solvang is currently preparing its TDA claim for FY 2022-2023, and this authorizing resolution must accompany its submittal.
The TDA claim for fiscal year 2022-2023 claim includes $8,611 for regional transportation planning, $5,858 for pedestrian and bicycle facilities, and $706,505 for transit or paratransit purposes. An additional $41,443 allocated to the City is being claimed by the City of Santa Maria as the City’s contribution toward Breeze 200 bus service which provides service between Santa Maria and Solvang.
ALTERNATIVES:
City Council could choose not to approve the resolution. This would require the SYVT to pursue other funding sources in order to maintain current service levels.
FISCAL IMPACT:
The City’s claim for TDA funds for fiscal year 2022-2023 is for $706,505, representing a significant portion of the City’s transit revenues.
ATTACHMENTS:
Resolution 22-1162: TDA Claim Authorization FY 22-23
36 RESOLUTION NO. 22-1162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG,
CALIFORNIA AUTHORIZING THE FILING OF A CLAIM WITH THE SANTA
BARBARA COUNTY ASSOCIATION OF GOVERNMENTS FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2022-2023 WHEREAS, the Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund for use by eligible claimants for various transportation purposes, and WHEREAS, pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regulations Sections 6600 et seq.) a prospective claimant wishing to receive an allocation from the Local Transportation Fund or State Transit Assistance Fund shall file its claim or amended claim with the Santa Barbara County Association of Governments; and
WHEREAS, the City of Solvang desires to apply for said financial assistance to permit operation of service of the Santa Ynez Valley Transit; and
WHEREAS, the City of Solvang has, to the maximum extent feasible, coordinated with other transportation providers and users in the region.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Solvang does hereby authorize the City Manager to execute and file an appropriate claim and necessary claim amendments pursuant to the terms of the TDA, as amended, and pursuant to applicable rules and regulations promulgated there under, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TDA in FY 2022-2023.
SECTION 2. That the authorized claim includes $8,611 for regional transportation planning, $5,858 for pedestrian and bicycle facilities, and $706,505 for transit or paratransit purposes. An additional $41,443 allocated to the City is being claimed by the City of Santa Maria as the City’s contribution toward Breeze 200 bus service.
SECTION 3. That a copy of this resolution will be transmitted to the Santa Barbara County Association of Governments in conjunction with the filing of this claim.
SECTION 4. That this resolution shall be effective immediately upon adoption.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolutionand shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 14th day of March, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment A
37 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1162 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 14th day of March 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
38 \
CITY OF SOLVANG
Jason Banta
Quarterly Investment Report
July -September 2021
39 Quarterly Investment Report
July -September 2021
This report is consistent with the reporting requirements in the Investment Policy. There are sufficient funds to meet the next six month's obligations.
LAIF Activity
Balance Ending 06/30/21 $23,280,765.89
Prior Quarter Interest $19,008.07
Balance as of 09/30/21 $23,299,773.96
Notes
• As part of our cash management strategy, funds are deposited to or withdrawn from LAIF after evaluating daily cash needs to meet current obligations. • Interest earned on the balance for the quarter is $14,187.85 and will be credited to the account in October 2021.
• Interest rates have decreased from 0.262% in June 2021 to 0.206% in September 2021.
CD Activity
• The City initially invested in four Certificates of Deposit with terms of 1 year, 18 months, 2 years, and 3 years, in order to maximize interest rates and ensure available cash flow if needed. Currently, the City has one Certificates of Deposit, with a term of 3 years. The current investment is now $245,000.00.
Initial Investment Current
Investment
Interest Received
this Quarter
Interest Received
Inception to Date
$980,000 $245,000 $0.00 $79,840.70
40 Certificates of Deposit Term Interest Rate Due Date
Discover Bank Greenwood 3 years 3.25% 12/06/21
Notes
• Based on City Council direction and as part of our cash management strategy, negotiable certificates of deposit (NCD) were purchased. A NCD is a certificate of deposit with a minimum face value of $100,000 and they are guaranteed by the bank and can usually be sold in a highly liquid secondary market, but they cannot be cashed in before maturity.
Due to their large denominations, NCDs are bought most often by large institutional investors, and these institutions often use these as a way to invest in a low-risk security. • Interest is accrued monthly but not paid out until maturity. • Please be advised that the secondary market for NCDs is generally illiquid; the actual value of the NCD reflected on the statement may differ from their purchase price and a significant loss of principal could result if the NCDs are sold prior to maturity. The City of Solvang has no intent to sell the CDs prior to maturity so they are reported at face value with the accrued interest posted on a monthly basis.
• For purpose of this report the City will report based on book (purchase) value not on market value (that is reflected on the statement). If there are any large discrepancies at year end an entry will be made to reflect the market value adjustment annually.
CERBT Activity
The City has invested money in the California Employers’ Retirement Benefit Trust (CERBT), managed by CalPERS, in order to reduce our unfunded liability of retiree medical and health benefits (OPEB), and to prefund future payments.
Balance as of 6/30/21 $1,046,065.04
Investment Earnings ($1,407.06)
Investment/Admin Expenses ($227.35)
Balance as of 9/30/21 $1,044,430.63
41 Notes:
• Investment/Administrative Expenses are .10% and are assessed on the daily balance. • The City is invested in “Strategy 2” with an anticipated return of 6.73%. Gains/losses vary depending on the market.
Included in this Report:
• Monthly Investment Reports for July-September 2021
• LAIF Statement –September 30, 2021
• LAIF Interest Statement – Quarter Ended September 30, 2021 • CERBT Statement as of September 30, 2021
• MBS Brokerage Statement – CD Investments as of September 30,2021 42 CITY OF SOLVANG INVESTMENTS
July 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 11,302,584.71 45.83%
200 GOVERNMENTAL IMPACT FEES $ 1,600,178.46 6.49%
201 TRAFFIC SAFETY $ 1,991.82 0.01%
202 GAS TAX FUND $ 266,707.38 1.08%
203 LOCAL TRANSPORTATION $ 233,391.18 0.95%
204 MEASURE A $ 897,486.22 3.64%
205 SKYTT MESA LLMD $ 352,152.69 1.43%
300 CAPITAL PROJECTS $ (3,162.86) -0.01%
500 WATER FUND $ 3,813,493.04 15.46%
501 WASTEWATER $ 3,544,469.04 14.37%
502 TRANSIT FUND $ 1,444,355.02 5.86%
600 EQUIPMENT/VEHICLE POOL $ 1,168,137.59 4.74%
700 TBID $ 41,667.65 0.17%
TOTALS $ 24,663,451.94 100%
Interest
Rate
LAIF BALANCE $ 23,299,773.96 0.221%
CHECKING ACCOUNTS $ 1,363,677.98
TOTALS $ 24,663,451.94
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 43 CITY OF SOLVANG INVESTMENTS
August 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 11,373,087.81 45.76%
200 GOVERNMENTAL IMPACT FEES $ 1,600,178.46 6.44%
201 TRAFFIC SAFETY $ 2,529.88 0.01%
202 GAS TAX FUND $ 287,412.40 1.16%
203 LOCAL TRANSPORTATION $ 318,672.47 1.28%
204 MEASURE A $ 938,651.16 3.78%
205 SKYTT MESA LLMD $ 328,185.81 1.32%
300 CAPITAL PROJECTS $ (3,162.86) -0.01%
500 WATER FUND $ 4,174,323.35 16.79%
501 WASTEWATER $ 3,166,740.77 12.74%
502 TRANSIT FUND $ 1,453,898.75 5.85%
600 EQUIPMENT/VEHICLE POOL $ 1,168,137.59 4.70%
700 TBID $ 46,260.65 0.19%
TOTALS $ 24,854,916.24 100%
Interest
Rate
LAIF BALANCE $ 23,299,773.96 0.221%
CHECKING ACCOUNTS $ 1,555,142.28
TOTALS $ 24,854,916.24
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 44 CITY OF SOLVANG INVESTMENTS
September 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 11,438,520.56 47.06%
200 GOVERNMENTAL IMPACT FEES $ 1,606,641.42 6.61%
201 TRAFFIC SAFETY $ 3,111.14 0.01%
202 GAS TAX FUND $ 309,006.69 1.27%
203 LOCAL TRANSPORTATION $ 318,672.47 1.31%
204 MEASURE A $ 982,900.00 4.04%
205 SKYTT MESA LLMD $ 314,538.41 1.29%
300 CAPITAL PROJECTS $ (172,812.70) -0.71%
500 WATER FUND $ 4,389,078.90 18.06%
501 WASTEWATER $ 2,509,859.30 10.33%
502 TRANSIT FUND $ 1,393,776.69 5.73%
600 EQUIPMENT/VEHICLE POOL $ 1,168,137.59 4.81%
700 TBID $ 44,145.65 0.18%
TOTALS $ 24,305,576.12 100%
Interest
Rate
LAIF BALANCE $ 23,299,773.96 0.206%
CHECKING ACCOUNTS $ 1,005,802.16
TOTALS $ 24,305,576.12
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 45 2/28/22, 3:14 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
February 28, 2022
LAIF Home
PMIA Average Monthly
Yields
Account Number: 98-42-876
September 2021 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 23,299,773.96
Total Withdrawal: 0.00 Ending Balance: 23,299,773.96
CITY OF SOLVANG
FINANCE DIRECTOR
1644 OAK STREET
SOLVANG, CA 93463
46 10/15/21, 8:27 AM Untitled Page
https://laif.sco.ca.gov/Result.aspx 1/1
BETTY T. YEE
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name SOLVANG
Account Number 98-42-876
As of 10/15/2021, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 09/30/2021.
Earnings Ratio .00000661958813242
Interest Rate 0.24%
Dollar Day Total $ 2,143,313,091.34
Quarter End Principal Balance $ 23,299,773.96
Quarterly Interest Earned $ 14,187.85
47 City of Solvang
Please note the Grand Total is your actual fund account balance at the end of the period, including all contributions per GASB 74 paragraph 22 and accrued disbursements. Please review your statement promptly. All information contained in your statement will be considered true and accurate unless you contact us within 30 days of receipt of this statement. If you have questions about the validity of this information, please contact [email protected]. 48,282.019 48,282.019
$1,044,430.63 $1,044,430.63
Period Ending Unit Value 21.631879 21.631879
Period Beginning Unit Value 21.665732 21.665732
0.000
0.000
48,282.019
0.000
0.000
48,282.019
Current Period Year to Date
Ending Units
Unit Sales for Withdrawals
Unit Purchases from Contributions
Beginning Units
Market Value Summary: Unit Value Summary:
Grand Total $1,044,430.63 $1,044,430.63
0.00 (131.33)
0.00 (1,407.06)
0.00 $1,046,065.04
0.00 (131.33)
0.00 (1,407.06)
0.00 $1,046,065.04
Current Period Year to Date
Ending Balance
Disbursement
Administrative Expenses
Other
Investment Earnings
Contribution
Beginning Balance
QTD Fiscal QTD Fiscal
FY End Contrib per GASB 74 Para 22 0.00 0.00
Transfer In
Transfer Out
0.00 0.00
0.00 0.00
Unit Transfer In
Unit Transfer Out
0.000
0.000
0.000
0.000
Investment Expense (96.02) (96.02)
CERBT Strategy 2
Entity #: SKB7-6953823005-001
Quarter Ended September 30, 2021
FY End Disbursement Accrual 0.00 0.00
48 Statement of Transaction Detail for the Quarter Ending 09/30/2021 City of Solvang
Entity #: SKB7-6953823005-001
Date Description Amount Unit Value Units Check/Wire Notes If you have any questions or comments regarding the new statement format please contact [email protected] Client Contact:
49 CITY OF SOLVANG
1644 OAK STREET
SOLVANG CA 93463-2768
A0060284CSF30038-SD
September 1, 2021 - September 30, 2021
Account Number: RMB-035890
Portfolio at a Glance
This Period
BEGINNING ACCOUNT VALUE $247,077.83
Net Change in Portfolio1
-663.95
ENDING ACCOUNT VALUE $246,413.88
Estimated Annual Income $7,962.50
1 Net Change in Portfolio is the difference between the ending account value and beginning account value after activity.
Asset Summary
Percent Asset Type Last Period This Period
100% Fixed Income 247,099.65 246,435.70
0% Cash, Money Funds, and Bank Deposits -21.82 -21.82
100% Account Total $247,077.83 $246,413.88
Please review your allocation periodically with your Account Executive.
Pie Chart allocation only includes products that are of positive value.
Your Account is 100% invested in Fixed Income.
Client Service Information
Your Account Executive: FBE Contact Information Client Service Information RUSSELL JACKSON E-Mail Address:
[email protected]
Service Hours: Weekdays 09:00 a.m. - 05:00 p.m. (EST)
Client Service Telephone Number: (800) 967-9045
Web Site: WWW.MBSSECURITIES.COM
Your Account Executive:
RUSSELL JACKSON
Commission Amount: $0.00
50 A0060284CSF30038-SD
Account Number: RMB-035890
Your Account Information
INVESTMENT OBJECTIVE
Investment Objective: NONE SPECIFIED
Please discuss your investment objective with your Account Executive.
TAX LOT DEFAULT DISPOSITION METHOD
Default Method for Mutual Funds: First In First Out
Default Method for Stocks in a Dividend Reinvestment Plan: First In First Out Default Method for all Other Securities: First In First Out
BOND AMORTIZATION ELECTIONS
Amortize premium on taxable bonds based on Constant Yield Method: Yes Accrual market discount method for all other bond types: Constant Yield Method Include market discount in income annually: No
ELECTRONIC DELIVERY
Your electronic delivery selections for account communications are listed below:
Electronic Delivery
Enrollment Communication
Statements and Reports
Trade Confirmations
Tax Documents
Notifications
Prospectus
Proxy/Shareholder Communications
You have not enrolled any of the above documents for electronic delivery. Please log in to your account or contact your Account Executive to make any changes to your electronic delivery preferences.
Income and Expense Summary
Current Period
Taxable Non Taxable
Year-to-Date
Taxable Non Taxable
Interest Income
Other Interest 0.00 0.00 7,635.27 0.00
Total Income $0.00 $0.00 $7,635.27 $0.00
Portfolio Holdings
Description Quantity
Opening
Balance
Closing
Balance
Accrued
Income
30-Day
Yield
CASH, MONEY FUNDS AND BANK DEPOSITS 0.00% of Portfolio
Cash Balance -21.82 -21.82
TOTAL CASH, MONEY FUNDS AND BANK DEPOSITS -$21.82 -$21.82 $0.00 51 A0060284CSF30038-SD
September 1, 2021 - September 30, 2021
CITY OF SOLVANG
Account Number: RMB-035890
Portfolio Holdings (continued)
Description Quantity Market Price Market Value
Accrued
Interest
Estimated
Annual Income
Estimated
Yield
FIXED INCOME 100.00% of Portfolio (In Maturity Date Sequence) Certificates of Deposit
DISCOVER BK GREENWOOD DEL CTF DEP 3.250% 12/06/21 DTD
12/05/18 ACT/365
Security Identifier: 254673XT8
245,000.000 100.5860 246,435.70 2,552.36 7,962.50 3.23% Total Certificates of Deposit 245,000.000 $246,435.70 $2,552.36 $7,962.50 TOTAL FIXED INCOME 245,000.000 $246,435.70 $2,552.36 $7,962.50 Market Value
Accrued
Interest
Estimated
Annual Income
Total Portfolio Holdings $246,413.88 $2,552.36 $7,962.50 Portfolio Holdings Disclosures
Pricing
This section includes the net market value of the securities in your account on a settlement date basis, including short positions, at the close of the statement period. The market prices, unless otherwise noted, have been obtained from independent vendor services, which we believe to be reliable. In some cases the pricing vendor may provide prices quoted by a single broker or market maker. Market prices do not constitute a bid or an offer, and may differ from the actual sale price. Securities for which a price is not available are marked "N/A" and are omitted from the Total.
THE AS OF PRICE DATE ONLY APPEARS WHEN THE PRICE DATE DOES NOT EQUAL THE STATEMENT DATE.
Estimated Annual Figures
The estimated annual income (EAI) and estimated annual yield (EAY) figures are estimates and for informational purposes only. These figures are not considered to be a forecast or guarantee of future results. These figures are computed using information from providers believed to be reliable; however, no assurance can be made as to the accuracy. Since interest and dividend rates are subject to change at any time, and may be affected by current and future economic, political, and business conditions, they should not be relied on for making investment, trading, or tax decisions. These figures assume that the position quantities, interest and dividend rates, and prices remain constant. A capital gain or return of principal may be included in the figures for certain securities, thereby overstating them. Refer to www.pershing.com/disclosures for specific details as to formulas used to calculate the figures.
Accrued interest represents interest earned but not yet received.
Reinvestment
The dollar amount of Mutual Fund distributions, Money Market Fund dividend income, Bank Deposit interest income, or dividends for other securities shown on your statement may have been reinvested. You will not receive confirmation of these reinvestments. Upon written request to your financial institution, information pertaining to these transactions, including the time of execution and the name of the person from whom your security was purchased, may be obtained. In dividend reinvestment transactions, Pershing acts as your agent and receives payment for order flow.
52 A0060284CSF30038-SD
Account Number: RMB-035890
Portfolio Holdings Disclosures (continued)
Option Disclosure
Information with respect to commissions and other charges incurred in connection with the execution of option transactions has been included in confirmations previously furnished to you. A summary of this information is available to you promptly upon your written request directed to your introducing firm. In order to assist your introducing firm in maintaining current background and financial information concerning your option accounts, please promptly advise them in writing of any material change in your investment objectives or financial situation. Expiring options which are valuable are exercised automatically pursuant to the exercise by exception procedure of the Options Clearing Corporation. Additional information regarding this procedure is available upon written request to your introducing firm.
Certificates of Deposit
Certificates of Deposit acquired through the Certificate of Deposit Account Registry Service (”CDARS”) and held in your brokerage account are subject to Securities Investor Protection Corporation (SIPC) coverage. Please see additional information about SIPC under Important Information and Disclosures on this statement.
Please be advised that the secondary market for CDs is generally illiquid; the actual value of CDs may be different from their purchase price; and a significant loss of principal could result if your CDs are sold prior to maturity. In the event that the CDs listed above do not indicate a market valuation, an accurate market value could not be determined. In the event that a price is listed above for your CDs, Pershing has obtained a price from sources deemed to be reliable or has priced your CDs using a matrix formula. Prices are estimates and the actual value you may obtain for your CD may be different if you elect to sell your CD in the secondary market.
Foreign Currency Transactions
Pershing will execute foreign currency transactions as principal for your account. Pershing may automatically convert foreign currency to or from U.S. dollars for dividends and similar corporate action transactions unless you instruct your financial organization otherwise. Pershing's currency conversion rate will not exceed the highest interbank conversion rate identified from customary banking sources on the conversion date or the prior business day, increased by up to 1%, unless a particular rate is required by applicable law. Your financial organization may also increase the currency conversion rate. This conversion rate may differ from rates in effect on the date you executed a transaction, incurred a charge, or received a credit. Transactions converted by agents (such as depositories) will be billed at the rates such agents use.
Proxy Vote
Securities not fully paid for in your margin account may be lent by Pershing to itself or others in accordance with the terms outlined in the Margin Agreement. The right to vote your shares held on margin may be reduced by the amount of shares on loan. The Proxy Voting Instruction Form sent to you may reflect a smaller number of shares entitled to vote than the number of shares in your margin account.
Activity Summary (All amounts shown are in base currency) Credits This Period Debits This Period Net This Period Credits Year-to-Date Debits Year-to-Date Net Year-to-Date Dividends and Interest $0.00 $0.00 $0.00 $11,627.43 -$3,992.16 $7,635.27 Distributions $0.00 $0.00 $0.00 $245,000.00 $0.00 $245,000.00 Cash
Withdrawals 0.00 0.00 0.00 0.00 -252,657.09 -252,657.09 Total Cash $0.00 $0.00 $0.00 $0.00 -$252,657.09 -$252,657.09 Totals $0.00 $0.00 $0.00 $256,627.43 -$256,649.25 -$21.82 Messages
Pursuant to the Securities Exchange Act of 1934, Pershing LLC (Pershing), a BNY Mellon company, provides individual investors with certain financial information on a semi-annual 53 A0060284CSF30038-SD
September 1, 2021 - September 30, 2021
CITY OF SOLVANG
Account Number: RMB-035890
Messages (continued)
basis. Pershing's June Statement of Financial Condition is now available. On June 30, 2021, Pershing's net capital of $2.75 billion was 15.67% of aggregate debit balances and exceeded the minimum requirements by $2.40 billion. Pershing is also required to provide the most recent financial information as of this statement mailing. In accordance with this requirement, note that on July 31, 2021, Pershing's net capital of $2.68 billion was 15.21% of aggregate debit balances and exceeded the minimum requirement by $2.33 billion. A copy of the June 30, 2021, Statement of Financial Condition is available at pershing.com/statement_of_financial_condition.html. You may also request a free, printed copy by calling (888)860-8510 or (201) 413-3333, option 1.
Although a money market mutual fund seeks to preserve the value of your investment at $1 per share, it is possible to lose money by investing in a money market mutual fund. Shares of a money market mutual fund or the balance of a bank deposit product held in your brokerage account may be liquidated upon request with the proceeds credited to your brokerage account. Please see the money market mutual fund's prospectus or the bank deposit product's disclosure document or contact your Investment Professional for additional information. Pursuant to SEC Rule 10b-10(b)(1) confirmations are not sent for purchases into money market mutual funds processed on the sweep platform. Pursuant to applicable regulation, account statements will be produced monthly or quarterly. eDelivery
Going digital is more important than ever before, and the benefits of electronic delivery--speed, convenience and safety--are clear. We offer eDelivery for account statements, prospectus documents, proxy or shareholder communications, tax documents, trade confirmations and more.
To enroll, log in to your brokerage account and look for the one-click eDelivery pop-up or simply select 'Go Paperless' at the top of any page and follow the on-screen prompts for set-up. Enrollment can be activated as quickly as the day you register, and you will be notified when documents are available in an online, password-protected portal.
Contact your financial professional if you have any questions about any of our efficient digital tools.
Important Information and Disclosures
The Role of Pershing
•
common control with it liable for any investment losses incurred by you. •
financial institution or that it receives as the result of securities transactions it processes. •
54 A0060284CSF30038-SD
Account Number: RMB-035890
Important Information and Disclosures (continued)
The Role of Pershing (continued)
acceptance and, in certain instances, execution of securities orders; the assessment of the suitability of those transactions, where applicable; the rendering of investment advice, if any, to you and in general, for the ongoing relationship that it has with you. •
•
Disclosure Statement, please contact your financial institution. •
protection, Pershing provides coverage in excess of SIPC limits. For more detailed information please visit: www.pershing.com/about/strength-and-stability. •
rights, including your rights under the Securities Investor Protection Act. • Your financial organization's contact information can be found on the first page of this statement. Pershing's contact information is as follows:
One Pershing Plaza, Jersey City, New Jersey 07399; (201) 413-3330. Errors and Omissions excepted.
Important Arbitration Disclosures
• All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
• Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. •
panel at least 20 days prior to the first scheduled hearing date. • The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Important Arbitration Agreement
Any controversy between you and Pershing LLC shall be submitted to arbitration before the Financial Industry Regulatory Authority. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action, who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until; (I) the class certification is denied; (II) the class is decertified; or (III) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. The laws of the State of New York govern.
Pershing's contact information is as follows: Pershing LLC, Legal Department, One Pershing Plaza, Jersey City, New Jersey 07399; (201) 413-3330. 55 A0060284CSF30038-SD
Account Number: RMB-035890
56 \
CITY OF SOLVANG
Jason Banta
Quarterly Investment Report
October - December 2021
57 Quarterly Investment Report
October - December 2021
This report is consistent with the reporting requirements in the Investment Policy. There are sufficient funds to meet the next six month's obligations.
LAIF Activity
Balance Ending 09/30/21 $23,299,773.96
Prior Quarter Interest $14,187.85
Balance as of 12/31/21 $23,313,961.81
Notes
• As part of our cash management strategy, funds are deposited to or withdrawn from LAIF after evaluating daily cash needs to meet current obligations. • Interest earned on the balance for the quarter is $13,421.72 and will be credited to the account in January 2022.
• Interest rates have increased from 0.206% in September 2021 to 0.212% in December 2021.
CD Activity
• The City initially invested in four Certificates of Deposit with terms of 1 year, 18 months, 2 years, and 3 years, to maximize interest rates and ensure available cash flow if needed.
As of December 2021, the City has closed all of its Certificates of Deposit accounts and has reinvested those funds back into the LAIF account.
Initial Investment Current
Investment
Interest Received
this Quarter
Interest Received
Inception to Date
$980,000 $0.00 $3,970.34 $83,451.04
58 Notes
• Based on City Council direction and as part of our cash management strategy, negotiable certificates of deposit (NCD) were purchased. A NCD is a certificate of deposit with a minimum face value of $100,000 and they are guaranteed by the bank and can usually be sold in a highly liquid secondary market, but they cannot be cashed in before maturity.
Due to their large denominations, NCDs are bought most often by large institutional investors, and these institutions often use these to invest in a low-risk security. • Interest is accrued monthly but not paid out until maturity. • Please be advised that the secondary market for NCDs is generally illiquid; the actual value of the NCD reflected on the statement may differ from their purchase price and a significant loss of principal could result if the NCDs are sold prior to maturity. The City of Solvang has no intent to sell the CDs prior to maturity so they are reported at face value with the accrued interest posted monthly.
• For purpose of this report the City will report based on book (purchase) value not on market value (that is reflected on the statement). If there are any large discrepancies at year end an entry will be made to reflect the market value adjustment annually.
CERBT Activity
The City has invested money in the California Employers’ Retirement Benefit Trust (CERBT), managed by CalPERS, in order to reduce our unfunded liability of retiree medical and health benefits (OPEB), and to prefund future payments.
Balance as of 9/30/21 $1,044,430.63
Investment Earnings $40,687.80
Investment/Admin Expenses ($229.36)
Balance as of 12/31/21 $1,084,889.07
Notes:
• Investment/Administrative Expenses are .10% and are assessed on the daily balance. 59 • The City is invested in “Strategy 2” with an anticipated return of 6.73%. Gains/losses vary depending on the market.
Included in this Report:
• Monthly Investment Reports for October - December 2021 • LAIF Statement –December 31, 2021
• LAIF Interest Statement – Quarter Ended December 31, 2021 • CERBT Statement as of December 31, 2021
• MBS Brokerage Statement – CD Investments as of December 31,2021 60 CITY OF SOLVANG INVESTMENTS
October 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 11,797,623.88 47.26%
200 GOVERNMENTAL IMPACT FEES $ 1,607,580.06 6.44%
201 TRAFFIC SAFETY $ 3,644.95 0.01%
202 GAS TAX FUND $ 319,542.15 1.28%
203 LOCAL TRANSPORTATION $ 319,254.58 1.28%
204 MEASURE A $ 1,016,438.01 4.07%
205 SKYTT MESA LLMD $ 307,931.08 1.23%
300 CAPITAL PROJECTS $ (172,925.73) -0.69%
500 WATER FUND $ 4,770,123.67 19.11%
501 WASTEWATER $ 2,396,673.78 9.60%
502 TRANSIT FUND $ 1,385,913.50 5.55%
600 EQUIPMENT/VEHICLE POOL $ 1,168,820.04 4.68%
700 TBID $ 43,921.65 0.18%
TOTALS $ 24,964,541.62 100%
Interest
Rate
LAIF BALANCE $ 23,313,961.81 0.203%
CHECKING ACCOUNTS $ 1,650,579.81
TOTALS $ 24,964,541.62
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 61 CITY OF SOLVANG INVESTMENTS
November 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 12,265,452.99 47.68%
200 GOVERNMENTAL IMPACT FEES $ 1,602,580.06 6.23%
201 TRAFFIC SAFETY $ 4,866.03 0.02%
202 GAS TAX FUND $ 349,906.56 1.36%
203 LOCAL TRANSPORTATION $ 319,768.48 1.24%
204 MEASURE A $ 1,057,451.52 4.11%
205 SKYTT MESA LLMD $ 297,257.65 1.16%
300 CAPITAL PROJECTS $ (207,058.41) -0.80%
500 WATER FUND $ 5,148,329.91 20.01%
501 WASTEWATER $ 2,218,795.81 8.63%
502 TRANSIT FUND $ 1,450,313.50 5.64%
600 EQUIPMENT/VEHICLE POOL $ 1,168,820.04 4.54%
700 TBID $ 46,129.65 0.18%
TOTALS $ 25,722,613.79 100%
Interest
Rate
LAIF BALANCE $ 23,313,961.81 0.203%
CHECKING ACCOUNTS $ 2,408,651.98
TOTALS $ 25,722,613.79
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 62 CITY OF SOLVANG INVESTMENTS
December 2021
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 12,562,177.47 50.10%
200 GOVERNMENTAL IMPACT FEES $ 1,604,400.96 6.40%
201 TRAFFIC SAFETY $ 5,415.83 0.02%
202 GAS TAX FUND $ 368,929.20 1.47%
203 LOCAL TRANSPORTATION $ 401,015.85 1.60%
204 MEASURE A $ 1,100,995.42 4.39%
205 SKYTT MESA LLMD $ 390,591.72 1.56%
300 CAPITAL PROJECTS $ (1,479,624.43) -5.90%
500 WATER FUND $ 5,461,892.76 21.78%
501 WASTEWATER $ 2,069,968.36 8.25%
502 TRANSIT FUND $ 1,373,287.36 5.48%
600 EQUIPMENT/VEHICLE POOL $ 1,168,820.04 4.66%
700 TBID $ 48,220.65 0.19%
TOTALS $ 25,076,091.19 100%
Interest
Rate
LAIF BALANCE $ 23,313,961.81 0.212%
CHECKING ACCOUNTS $ 1,762,129.38
TOTALS $ 25,076,091.19
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 63 3/1/22, 8:22 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
March 01, 2022
LAIF Home
PMIA Average Monthly
Yields
Account Number: 98-42-876
December 2021 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 23,313,961.81
Total Withdrawal: 0.00 Ending Balance: 23,313,961.81
CITY OF SOLVANG
FINANCE DIRECTOR
1644 OAK STREET
SOLVANG, CA 93463
64 3/1/22, 8:21 AM Untitled Page
https://laif.sco.ca.gov/Result.aspx 1/1
BETTY T. YEE
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name SOLVANG
Account Number 98-42-876
As of 01/14/2022, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2021.
Earnings Ratio .00000625812849570
Interest Rate 0.23%
Dollar Day Total $ 2,144,685,856.62
Quarter End Principal Balance $ 23,313,961.81
Quarterly Interest Earned $ 13,421.72
65 City of Solvang
Please note the Grand Total is your actual fund account balance at the end of the period, including all contributions per GASB 74 paragraph 22 and accrued disbursements. Please review your statement promptly. All information contained in your statement will be considered true and accurate unless you contact us within 30 days of receipt of this statement. If you have questions about the validity of this information, please contact [email protected]. 48,282.019 48,282.019
$1,084,889.07 $1,084,889.07
Period Ending Unit Value 22.469842 22.469842
Period Beginning Unit Value 21.631879 21.665732
0.000
0.000
48,282.019
0.000
0.000
48,282.019
Current Period Year to Date
Ending Units
Unit Sales for Withdrawals
Unit Purchases from Contributions
Beginning Units
Market Value Summary: Unit Value Summary:
Grand Total $1,084,889.07 $1,084,889.07
0.00 (263.84)
0.00 39,280.74
0.00 $1,046,065.04
0.00 (132.51)
0.00 40,687.80
0.00 $1,044,430.63
Current Period Year to Date
Ending Balance
Disbursement
Administrative Expenses
Other
Investment Earnings
Contribution
Beginning Balance
QTD Fiscal QTD Fiscal
FY End Contrib per GASB 74 Para 22 0.00 0.00
Transfer In
Transfer Out
0.00 0.00
0.00 0.00
Unit Transfer In
Unit Transfer Out
0.000
0.000
0.000
0.000
Investment Expense (96.85) (192.87)
CERBT Strategy 2
Entity #: SKB7-6953823005-001
Quarter Ended December 31, 2021
FY End Disbursement Accrual 0.00 0.00
66 Statement of Transaction Detail for the Quarter Ending 12/31/2021 City of Solvang
Entity #: SKB7-6953823005-001
Date Description Amount Unit Value Units Check/Wire Notes If you have any questions or comments regarding the new statement format please contact [email protected] Client Contact:
67 CITY OF SOLVANG
1644 OAK STREET
SOLVANG CA 93463-2768
A0064542CSF30040-SD
December 1, 2021 - December 31, 2021
Account Number: RMB-035890
Portfolio at a Glance
This Period
BEGINNING ACCOUNT VALUE $245,105.58
Withdrawals (Cash & Securities) -248,992.15
Dividends, Interest and Other Income 4,013.97
Net Change in Portfolio1
-127.40
ENDING ACCOUNT VALUE $0.00
1 Net Change in Portfolio is the difference between the ending account value and beginning account value after activity.
Asset Summary
Percent Asset Type Last Period This Period
0% Fixed Income 245,127.40 0.00
0% Cash, Money Funds, and Bank Deposits -21.82 0.00
0% Account Total $245,105.58 $0.00
Please review your allocation periodically with your Account Executive.
Client Service Information
Your Account Executive: FBE Contact Information Client Service Information RUSSELL JACKSON E-Mail: [email protected] Service Hours: Weekdays 09:00 a.m. - 05:00 p.m. (EST) Client Service Telephone Number: (800) 967-9045
Web Site: WWW.MBSSECURITIES.COM
Your Account Executive:
RUSSELL JACKSON
Commission Amount: $0.00
68 A0064542CSF30040-SD
Account Number: RMB-035890
Your Account Information
INVESTMENT OBJECTIVE
Investment Objective: NONE SPECIFIED
Please discuss your investment objective with your Account Executive.
TAX LOT DEFAULT DISPOSITION METHOD
Default Method for Mutual Funds: First In First Out
Default Method for Stocks in a Dividend Reinvestment Plan: First In First Out Default Method for all Other Securities: First In First Out
BOND AMORTIZATION ELECTIONS
Amortize premium on taxable bonds based on Constant Yield Method: Yes Accrual market discount method for all other bond types: Constant Yield Method Include market discount in income annually: No
ELECTRONIC DELIVERY
Your electronic delivery selections for account communications are listed below:
Electronic Delivery
Enrollment Communication
Statements and Reports
Trade Confirmations
Tax Documents
Notifications
Prospectus
Proxy/Shareholder Communications
You have not enrolled any of the above documents for electronic delivery. Please log in to your account or contact your Account Executive to make any changes to your electronic delivery preferences.
Income and Expense Summary
Current Period
Taxable Non Taxable
Year-to-Date
Taxable Non Taxable
Interest Income
Other Interest 4,013.97 0.00 11,649.24 0.00
Total Income $4,013.97 $0.00 $11,649.24 $0.00
Portfolio Holdings
Description Quantity
Opening
Balance
Closing
Balance
Accrued
Income
30-Day
Yield
CASH, MONEY FUNDS AND BANK DEPOSITS 0.00% of Portfolio
Cash Balance -21.82 0.00
TOTAL CASH, MONEY FUNDS AND BANK DEPOSITS -$21.82 $0.00 $0.00 69 A0064542CSF30040-SD
December 1, 2021 - December 31, 2021
CITY OF SOLVANG
Account Number: RMB-035890
Portfolio Holdings (continued)
Market Value
Accrued
Interest
Total Portfolio Holdings $0.00 $0.00
Portfolio Holdings Disclosures
Pricing
This section includes the net market value of the securities in your account on a settlement date basis, including short positions, at the close of the statement period. The market prices, unless otherwise noted, have been obtained from independent vendor services, which we believe to be reliable. In some cases the pricing vendor may provide prices quoted by a single broker or market maker. Market prices do not constitute a bid or an offer, and may differ from the actual sale price. Securities for which a price is not available are marked "N/A" and are omitted from the Total.
THE AS OF PRICE DATE ONLY APPEARS WHEN THE PRICE DATE DOES NOT EQUAL THE STATEMENT DATE.
Estimated Annual Figures
The estimated annual income (EAI) and estimated annual yield (EAY) figures are estimates and for informational purposes only. These figures are not considered to be a forecast or guarantee of future results. These figures are computed using information from providers believed to be reliable; however, no assurance can be made as to the accuracy. Since interest and dividend rates are subject to change at any time, and may be affected by current and future economic, political, and business conditions, they should not be relied on for making investment, trading, or tax decisions. These figures assume that the position quantities, interest and dividend rates, and prices remain constant. A capital gain or return of principal may be included in the figures for certain securities, thereby overstating them. Refer to www.pershing.com/disclosures for specific details as to formulas used to calculate the figures.
Accrued interest represents interest earned but not yet received.
Foreign Currency Transactions
Pershing will execute foreign currency transactions as principal for your account. Pershing may automatically convert foreign currency to or from U.S. dollars for dividends and similar corporate action transactions unless you instruct your financial organization otherwise. Pershing's currency conversion rate will not exceed the highest interbank conversion rate identified from customary banking sources on the conversion date or the prior business day, increased by up to 1%, unless a particular rate is required by applicable law. Your financial organization may also increase the currency conversion rate. This conversion rate may differ from rates in effect on the date you executed a transaction, incurred a charge, or received a credit. Transactions converted by agents (such as depositories) will be billed at the rates such agents use.
Proxy Vote
Securities not fully paid for in your margin account may be lent by Pershing to itself or others in accordance with the terms outlined in the Margin Agreement. The right to vote your shares held on margin may be reduced by the amount of shares on loan. The Proxy Voting Instruction Form sent to you may reflect a smaller number of shares entitled to vote than the number of shares in your margin account.
70 A0064542CSF30040-SD
Account Number: RMB-035890
Activity Summary (All amounts shown are in base currency) Credits This Period Debits This Period Net This Period Credits Year-to-Date Debits Year-to-Date Net Year-to-Date Dividends and Interest $7,984.31 -$3,970.34 $4,013.97 $19,611.74 -$7,962.50 $11,649.24 Distributions $245,000.00 $0.00 $245,000.00 $490,000.00 $0.00 $490,000.00 Cash
Withdrawals 0.00 -248,992.15 -248,992.15 0.00 -501,649.24 -501,649.24 Total Cash $0.00 -$248,992.15 -$248,992.15 $0.00 -$501,649.24 -$501,649.24 Totals $252,984.31 -$252,962.49 $21.82 $509,611.74 -$509,611.74 $0.00 Transactions by Type of Activity
Process/
Settlement
Date
Trade/
Transaction
Date Activity Type Description Quantity Price Accrued Interest Amount Currency Dividends and Interest
12/06/21 BOND INTEREST RECEIVED
254673XT8
245000 DISCOVER BK GREENWOOD DEL CTF DEP 3.250%
12/06/21 B/E DTD 12/05/18 RD 12/03 PD 12/06/21
3,970.34 USD
12/17/21 12/06/21 BOND INTEREST ADJUSTMENT
254673XT8
245000 DISCOVER BK GREENWOOD DEL CTF DEP 3.250%
12/06/21 B/E RD 12/03 PD 12/06/21 16.383561
-3,970.34 USD
12/17/21 12/06/21 BOND INTEREST RECEIVED
254673XT8
245000 DISCOVER BK GREENWOOD DEL CTF DEP 3.250%
12/06/21 B/E RD 12/03 PD 12/06/21
4,013.97 USD
Total Dividends and Interest $0.00 $4,013.97 USD
Distributions
12/06/21 SECURITY REDEEMED
254673XT8
DISCOVER BK GREENWOOD DEL CTF DEP 3.250% 12/06/21 B/E
DTD 12/05/18 ACCOUNT REDEMPTION
-245,000.000 245,000.00 USD
Total Distributions $0.00 $245,000.00 USD
Cash Withdrawals and Deposits
12/07/21 ELECTRONIC TRANSACTION
USD999997
SEND TO BANK FOR ACH ACH MONTECITO BANK & TRUST -248,948.52 USD 12/22/21 ELECTRONIC TRANSACTION
USD999997
SEND TO BANK FOR ACH ACH MONTECITO BANK & TRUST -43.63 USD Total Cash Withdrawals and Deposits $0.00 -$248,992.15 USD Total Value of Transactions $0.00 $21.82 USD
The price and quantity displayed may have been rounded.
Messages
Please note the following information for Pershing's 2021 IRS Form 1099 (B, DIV, INT, MISC and OID): Your Form 1099 will be delivered as early as possible, beginning January 31, 2022. By February 15, you will be mailed either your Form 1099 or a special Pending 1099 Notice. The Pending 1099 Notice will be sent if we have not received and processed final 71 A0064542CSF30040-SD
December 1, 2021 - December 31, 2021
CITY OF SOLVANG
Account Number: RMB-035890
Messages (continued)
information from issuers and trustees of securities that you hold by the as of date of the February 15 1099 mailing. You will also be sent the notice if your information is still being reviewed and finalized. The notice will inform you of the securities that are pending final reporting and provides the anticipated mail date of your 1099. Your 1099 will be mailed no later than March 15, 2022.
Although a money market mutual fund seeks to preserve the value of your investment at $1 per share, it is possible to lose money by investing in a money market mutual fund. Shares of a money market mutual fund or the balance of a bank deposit product held in your brokerage account may be liquidated upon request with the proceeds credited to your brokerage account. Please see the money market mutual fund's prospectus or the bank deposit product's disclosure document or contact your Investment Professional for additional information. Pursuant to SEC Rule 10b-10(b)(1) confirmations are not sent for purchases into money market mutual funds processed on the sweep platform. Pursuant to applicable regulation, account statements will be produced monthly or quarterly. eDelivery
Going digital is more important than ever before, and the benefits of electronic delivery--speed, convenience and safety--are clear. We offer eDelivery for account statements, prospectus documents, proxy or shareholder communications, tax documents, trade confirmations and more.
To enroll, log in to your brokerage account and look for the one-click eDelivery pop-up or simply select 'Go Paperless' at the top of any page and follow the on-screen prompts for set-up. Enrollment can be activated as quickly as the day you register, and you will be notified when documents are available in an online, password-protected portal.
Contact your financial professional if you have any questions about any of our efficient digital tools.
FINANCIAL INDUSTRY REGULATORY AUTHORITY® (FINRA®) INVESTOR EDUCATION AND PROTECTION A brochure that includes information describing FINRA BrokerCheck® may be obtained from FINRA at www.finra.org The FINRA BrokerCheck hotline number is (800) 289-9999.
MUNICIPAL SECURITIES RULEMAKING BOARD® (MSRB®) RULE G-10 INVESTOR AND MUNICIPAL ADVISORY CLIENT EDUCATION AND PROTECTION An investor brochure that describes the protections available under MSRB rules and instructions on how to file a complaint with an appropriate regulatory authority can be found on the MSRB website at www.msrb.org Multi-Bank Securities, Inc. is registered with the Securities and Exchange Commission (SEC) and MSRB, and is a member of FINRA MSRB RULE G-42 Duties of NON-SOLICITOR MUNICIPAL ADVISORS MSRB RULE G-42 requires that Multi-Bank Securities, Inc. provide you with information concerning legal and disciplinary events. These events will be on FORM MA and FORM MA-I (For employees)
These forms are filed with the Securities and Exchange Commission and can be found here https://www.sec.gov/edgar/browse/?CIK=831157 72 A0064542CSF30040-SD
Account Number: RMB-035890
Messages (continued)
FINRA RULE 2266 SIPC DISCLOSURE
Multi-Bank Securities, Inc. is a member of the Securities Investor Protection Corporation (”SIPC”) Information about SIPC, including the SIPC brochure, can be obtained by contacting SIPC directly at www.sipc.org or calling 202-371-8300
FINCEN FINAL RULE – ULTIMATE BENEFICIAL OWNER
Multi-Bank Securities Inc. is required, in certain circumstances, to secure Ultimate Beneficial Ownership information, and will continue to use Appendix A to the Final Rule The PDF certificate can be found here https://www.fincen.gov/sites/default/files/shared/CDD_Rev7.0_Mar_2019_Certificate.pdf
REGULATION BEST INTEREST
Multi-Bank Securities, Inc., under limited circumstances, allows for natural person retail accounts to be maintained.
Our FORM CRS can be found here: https://files.brokercheck.finra.org/crs_22098.pdf
BUSINESS CONTINUITY PLAN
We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the Firm's books and records and allowing our customers to transact business.
We test our BCP on a regular and rigorous basis, ensuring that our critical staff are trained to facilitate customer access in any situation.
In the event of significant business disruption(s):
If DIRECT local contact through telephone services becomes unavailable, we will reroute phone calls across the country.
If any office were to suffer loss of functionality or access, we will operate in a secure remote setting, allocating necessary functionality in these locations to those critical business units necessary to maintain continuity.
Our BCP description can be found online at https://mbssecurities.com/business-continuity/ LEGAL ENTITY IDENTIFIER - 2549005VYPQV10HMKP26
Can be found here https://search.gleif.org/#/record/2549005VYPQV10HMKP26 73 A0064542CSF30040-SD
December 1, 2021 - December 31, 2021
CITY OF SOLVANG
Account Number: RMB-035890
Messages (continued)
Please be advised that beginning March 1, 2022, Pershing will be implementing a change to client accounts governed by a margin agreement. Under the new process, eligible settled long positions will be maintained in a client's margin account type. Accounts that are not governed by a margin agreement will not be affected by this change.
Please contact your financial organization if you wish to learn more about this change.
Important Information and Disclosures
The Role of Pershing
•
common control with it liable for any investment losses incurred by you. •
financial institution or that it receives as the result of securities transactions it processes. •
if any, to you and in general, for the ongoing relationship that it has with you. •
•
Disclosure Statement, please contact your financial institution. •
protection, Pershing provides coverage in excess of SIPC limits. For more detailed information please visit: www.pershing.com/about/strength-and-stability. •
rights, including your rights under the Securities Investor Protection Act. • Your financial organization's contact information can be found on the first page of this statement. Pershing's contact information is as follows:
One Pershing Plaza, Jersey City, New Jersey 07399; (201) 413-3330. Errors and Omissions excepted.
Important Arbitration Disclosures
•
which a claim is filed.
• Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. •
panel at least 20 days prior to the first scheduled hearing date. • The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. 74 A0064542CSF30040-SD
Account Number: RMB-035890
Important Information and Disclosures (continued)
Important Arbitration Disclosures (continued)
• The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Important Arbitration Agreement
Any controversy between you and Pershing LLC shall be submitted to arbitration before the Financial Industry Regulatory Authority. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action, who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until; (I) the class certification is denied; (II) the class is decertified; or (III) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. The laws of the State of New York govern.
Pershing's contact information is as follows: Pershing LLC, Legal Department, One Pershing Plaza, Jersey City, New Jersey 07399; (201) 413-3330. 75 A0064542CSF30040-SD
Account Number: RMB-035890
76 Agenda Item Number: 4.h
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 14, 2022
SUBJECT: ADOPTED CITY COUNCIL GOALS FOR FISCAL YEARS 2022-24
FINANCIAL PLAN
RECOMMENDATION:
Receive and formally adopt the language for the City Council Goals for Fiscal Year 2022-24 Financial Plan as developed at the City Council Goal Setting Workshop on February 26, 2022.
DISCUSSION:
As of Fiscal Year 2020-21, the City transitioned to a two-year financial planning cycle. The twoyear financial planning allows the City to more effectively plan its operating and capital improvement goals. Every two years, the budget development process starts with community engagement and a Council Goal setting session.
On February 26, 2022, the City Council held a Goal Setting Session for Fiscal Year 2022-24 Financial Plan development and set forth the Goals summarized in Attachment A.
The set City of Solvang Goals will translate into the work programs for the City to achieve over the next two-years. Based on the set Council Goals, staff will prepare recommended operating 77 and Capital Improvement programs. Staff will also establish a recommended budget for such goals and timeframe to achieve the goals. The recommendations will be weighted based on available revenue sources and a Preliminary Financial Plan will be presented to City Council in May 2022. At that point, the City Council will provide staff with comments and any additional policy direction, which will be incorporated into the final proposed Financial Plan presented to City Council for consideration for adoption in June 2022.
ATTACHMENTS
A – City Council Goals for Fiscal Years 2022-24 Financial Plan 78 City Council Goals for Fiscal Years 2022-24 Financial Plan Goal #1: Enhance Local Water Supply & Strive for Water Independence Priorities
• Access to water (wells)
• Reservoirs expansion
• Waste Water Treatment Plant Upgrade including Recycled Water Goal #2: Develop Additional Parking with focus on Underground Parking
Priorities
• Consider Parking Lot 2 restructure to expand Solvang Park • Develop options for underground parking including Parking Lot 4 • Seek out mixed-used developments (live/work in same place) through Public/Private partnerships
• Lot 72 improvements
• Lease private parking lots for public use
Goal #3: Improve Circulation and develop Multi-Modal Transportation Options
Priorities
• Add sidewalks
• Develop bike lanes
• Improvements to Route 246 (Mission Drive) including
synchronized pedestrian crossings and traffic lights
• Wayfinding for traffic and pedestrians
Attachment A
79 Goal #4: Ensure Fiscal Sustainability and invest in Infrastructure Priorities
• Sales Tax increase by 1% for infrastructure
• Explore Downtown Business Improvement District
• Consider funding significant Public Projects with Debt Issuance Goal # 5: Support and diversify Tourism while supporting and honoring Local Organizations serving our community
Priorities
• Increase mid-week visitor stay
• Encourage private development or partnering with County of Santa Barbara for development of a small Convention Center while honoring and improving facilities for the Veterans (include Library needs)
• Proactively seek out small conventions to be held in Solvang • Solvang focused marketing
80 Agenda Item Number: 4i
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 14, 2022
SUBJECT: APPROVE CITY SPONSORED LEGO EVENT IN CONCEPT TO TAKE PLACE ON APRIL 2ND AND 3RD AS RECOMMENDED BY THE TOURISM ADVISORY
COMMITTEE
Supporting Materials will be forthcoming
81 Agenda Item Number: 5
Solvang City Council STAFF REPORT
PREPARED BY: Dave Fleishman, City Attorney
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: March 14, 2022
SUBJECT: INTRODUCTION FOR FIRST READING OF ORDINANCE NO. 22-0354 AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO ADDRESS
ACCESSORY STRUCTURES IN THE SIDE-YARD AND REAR-YARD
SETBACKS IN RESIDENTIAL ZONES
RECOMMENDATION:
Introduce for first reading, by title only and waive further reading, of Ordinance 22-0354 of the City Council of the City of Solvang, California, Amending Title 11 of the Solvang Municipal Code to Address Accessory Structures in the Side-Yard and Rear-Yard Setbacks in Residential Zones.
DISCUSSION:
Ordinance 22-0354, if adopted would amend the municipal code to address all accessory structures, including sheds, in side-yard and rear-yard setbacks provided those accessory structures meet certain requirements designed to maintain appropriate fire access and limit visual impacts from accessory structures.
A. Background
This agenda item is the result of an ongoing discussion regarding code enforcement issues in Skytt Mesa brought to both Planning Commission and City Council in 2021. During this prior review, City Council directed staff to enforce the Municipal Code in the Skytt Mesa neighborhood. On July 12, 2021, City Council received an update on enforcement efforts in Skytt Mesa. This report stated most of the Municipal Code violations were sheds placed in the side-and rear-yard setbacks. On October 25, 2011, the City Council received further public comment on code enforcement in the Skytt Mesa neighborhood and directed staff to take the matter to Planning Commission for recommendation regarding revisions to the Municipal Code with respect to sheds located in side- and rear-yard setbacks in residential zones.
On December 6, 2021, at a duly noticed public hearing on February 7, 2022, and again on March 7, 2022 the Planning Commission considered whether to recommend the City Council amend the municipal code to allow for certain sheds in rear- and side-yard setbacks. The Planning Commission took public comment on proposed amendments to address accessory structures in residential districts and provided staff with direction. Public comment focused on allowing small sheds to be in the sideand rear-yards up against the house or the property line while still allowing for sufficient fire access corridors. Public comment also focused on the need to adjust requirements to allow for accessory structures along street facing side yards of corner lots. The Planning Commission took these concerns and fire access considerations into account in their recommendations to City Council. Ordinance 22- 0354 reflects all of the Planning Commission’s recommendations.
B. Existing Code Requirements
Accessory structures, including sheds, that are less than one hundred and twenty (120) square feet in floor area, with no plumbing, mechanical, or electrical, and less than twelve (12) feet in height are not 82 required to obtain a land use permit or building permit and are “exempt” accessory structures (Attachment A). Sheds larger than this are required to obtain a land use permit and building permit and meet the requirements of those approvals (Attachment B and C). Regardless of whether a land use permit or a building permit is required, Solvang municipal code currently provides that accessory structures must meet certain set back requirements from the property line and the primary structure.
Accessory structures as defined do not include accessory dwelling units.
Under Solvang’s municipal code all accessory structures are currently required to “conform to the height requirements and front- and side-yard setback regulations” of the applicable zoning district (Attachment D). Current requirements effectively prohibit accessory structures in side-yards and most of rear-yards and sheds abutting the primary residence. The residential zoning districts provide:
• Single-Family Residential District.
o Side yards are to be 10 percent of the lot. However, for lots less than 50 feet wide in 7- R-1 to 10-R-1, the side-yard setback shall not be less than 5 feet, and for lots greater than 100 feet wide the side-yard setback shall not be more than 10 feet. The required setback for portions of the building can be varied provided that in lots zone 7-R-1 to 10- R-1, no portion of the building can be less than five feet from the sidelines of the lot (Attachment E).
o For lots zoned 20-R-1 to 3-E-1 no portion of the accessory structure can be closer than 10 feet from the sidelines of the lot and for lots greater than 200 feet wide, no greater than 20 feet. The accessory structure can be in the rear yard of 25 feet as long as they respect the side yard setback.
o For all single-family residential districts, the minimum distance between a building designed for habitation and any other detached building or accessory structure is 10 feet.
o For all single-family residential districts, there is a maximum building coverage requirement of no more than 40% for the rear yard setback for this zone (Attachment D). • Design Residential District. The side-yard and rear-yard setbacks are required to be a minimum of 10 feet from any side or rear property line. The minimum distance between a building designed for habitation and any other detached building or structure is 10 feet. Coverage of buildings containing dwellings are not to exceed 30% of the net area of the property (Attachment F).
• Planned Residential Development District. Setbacks for this district are proposed and approved on the development plans for a particular planned residential development. Coverage of buildings containing dwellings are not to exceed 30% of the net area of the property and total building coverage is not to exceed 50% of the net area of the property.
Under the general setback regulations in Section 11-12-16(A)(5) of the Solvang Municipal Code, “[e]very part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this title and except for the ordinary projection of [ornamental features]” (Attachment G).
Accessory structures may be in the rear-yard setback provided the accessory structure is no closer than 10 feet from the principal structure and occupies no more than 40% of the required rear yard (Attachment D).
Furthermore, under the State Residential Building Code, Section R302.1 regarding Fire-Resistant Construction, accessory structures, including sheds, that require a building permit generally require a minimum distance of five (5) feet separation between buildings, except that accessory structures next to an individual dwelling unit are not required to meet the minimum separation distance (Attachment H).
If the accessory structures meet certain fire-resistance ratings, these distances can be less. These 83 requirements will be applicable regardless of what changes are made to the City’s Municipal Code but do not apply to accessory structures that do not require a building permit.
Section 503 of the California Fire Code requires a road accessible by a fire apparatus to be within 150 feet of all portions of the exterior walls of the first story of a building as measured by an approved route around the building (Attachment I). The Fire Code does not require structures to be a minimum distance from the property line or that there be a minimum width for a clear pathway in side-yard or rear-yard setbacks. To enable the appropriate access for fire fighters and equipment around a building, the Santa Barbara County Fire Department recommends that there be a corridor clear from the ground to the sky with a minimum width of three (3) feet in side-yard and rear-yard setbacks. This clear access corridor does not need to be along the property line. If there are multiple accessory structures along the side of a building, the fire department also recommends there to be a minimum of five (5) feet between the accessory structures to allow places for ladder access. Although not required by the California Fire Code, staff recommends these operational criteria recommended by the fire department be incorporated into the provisions regarding accessory structures. The code changes recommended below reflect the fire department’s recommendations.
C. Proposed Amendments Reflecting Planning Commission Recommendations Ordinance 22-0354, if adopted, would require a minimum of a three-foot-wide corridor in the side-yard and rear-yard to be free and clear from the ground to the sky and a minimum three (3) feet of separation between adjacent accessory structures. The access corridor would not have to be along the property line. These amendments are designed to maintain fire access while still allowing sufficient flexibility for accessory structures.
For accessory structures greater than 9 feet in height, Ordinance 22-0354 would require a minimum distance between the accessory structure and the property line that scales up with the size of the accessory structure. For accessory structures less than 9 feet in height, there would be no required minimum distance from the property line, provided ornamental features would not be permitted to extend over the property line or cause water to flow over the property line. On corner lots Ordinance 22- 0354 would allow accessory structures to be placed in the side yard that faces the street provided the accessory structure is no taller than nine (9) feet and is screened by a fence at least six (6) feet tall.
Ordinance 22-0354 would also impose a maximum percentage of the rear-yard setback that can be occupied by accessory structures and a maximum cumulative square footage for all accessory structures in a side yard. Accessory structures would also not be permitted to exceed a height of twenty-four (24) feet or the height requirement of the district, whichever is less.
Other conforming edits exempt accessory structures from provisions requiring all of a setback to be entirely unobstructed or requiring ten (10) feet between an accessory structure and the principal building
ALTERNATIVES:
1. Modify and introduce the prepared ordinance
2. Decline to introduce the prepared ordinance
3. Provide further direction to staff
FISCAL IMPACT:
Adoption of the Ordinance may result in minor costs of recodification and implementation of ordinance changes but such costs are expected to be within existing budgetary limits.
ATTACHMENTS:
A – Ordinance 22-0354
B – Proposed Code Amendments in Track Changes
84 ORDINANCE NO. 22-0354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO ADDRESS ACCESSORY STRUCTURES IN
THE SIDE-YARD AND REAR-YARD SETBACKS IN RESIDENTIAL ZONES WHEREAS, the City Council directed the Planning Commission to provide recommendations on revisions to the Solvang Municipal Code to address accessory structures, specifically sheds, in the side- and rear-yard setbacks in all residential zones; and WHEREAS, on December 6, 2021, at a duly noticed public hearing on February 7, 2022, and on March 7, 2022 the Planning Commission heard public input and considered amendments to the Solvang Municipal Code to allow for certain accessory structures, including sheds, in the side- and rear-yard setbacks in residential zones; and
WHEREAS, the Planning Commission determined that the drafted amendments are consistent with the general plan; and
WHEREAS, it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, and pursuant to Section 15061(b)(3), the adoption of such amendments is not subject to CEQA; and WHEREAS, on March 7, 2022 the Planning Commission passed Resolution 22-02 recommending the City Council approve amendments to the Solvang Municipal Code to address accessory structures in the side- and rear-yard setbacks; and WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to address accessory structures in the side- and rear-yard setbacks.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1.
The definition of “Accessory Building or Structure” in existing Section 11-3-1 Definitions of the Solvang Municipal Code is hereby revised to read as follows; all other text and definitions in existing Section 11- 3-1 remain the same:
ACCESSORY BUILDING OR ACCESSORY STRUCTURE. A building or structure containing no kitchen and located upon the same building site as the primary building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land. Accessory buildings or accessory structures include, but are not limited to, tool and storage sheds, playhouses, doghouses, gazebos, pergolas, guesthouses, and similar structures.
SECTION 2.
The existing Section 11-6A-4 Lot area requirements, Subsection B of the Solvang Municipal Code is hereby revised to read as follows:
B. Setbacks for Buildings and Structures.
1. Front. Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way line of any street.
2. Side. On each side of the lot, ten percent (10%) of the width of the lot, except:
Attachment A
85 a. For lots zoned 7-R-1 to 10-R-1 that are less than fifty (50) feet wide, in no case shall the required side yard setback be less than five (5) feet. For lots that are greater than one hundred (100) feet wide in no case shall the side yard setback be more than ten (10) feet.
b. For lots zoned 20-R-1 to 3-E-1, that are less than one hundred (100) feet wide, in no case shall the required side yard setback be less than ten (10) feet. For lots that are greater than two hundred (200) feet wide in no case shall the side yard setback be more than twenty (20) feet.
3. Rear. Twenty-five (25) feet.
4. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
SECTION 3.
The existing Section 11-6A-4 Lot area requirements, Subsection C of the Solvang Municipal Code is hereby revised to read as follows:
C. Permitted Variations of Setbacks for Buildings.
1. Side. The required side yard setback for portions of a building may be varied subject to all of the following limitations:
a. For lots zoned 7-R-1 to 10-R-1, no portion of the building shall be less than five (5) feet from the side lines of the lot. For lots zoned 20-R-1 to 3-E-1, no portion of the building shall be less than ten (10) feet from the side lines of the lot. b. No portion of a wall containing windows opening into rooms of a building (except a garage) shall be closer to the side lines of a lot than the required side yard setback. c. The average distance of the building from the side line of the lot shall equal the required side yard setback. Said average distance shall be computed by multiplying the length of the various segments of the appropriate side of the building by their corresponding distances from the side property line and dividing the sum of the products by the total length of the building.
2. Rear. The required rear yard setback for a portion of a building may be varied subject to all of the following limitations:
a. No portion of any dwelling shall be closer than fifteen (15) feet to the rear line of the lot.
b. The average distance of the building from the rear property line shall equal the required rear yard setback. Said average distance shall be computed by multiplying the length of the various segments of the rear of the building by their corresponding distances from the rear property line and dividing the sum of the products by the total width of the rear of the building.
3. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
SECTION 4.
86 The existing Section 11-6A-4 Lot area requirements, Subsection D of the Solvang Municipal Code is hereby revised to read as follows:
D. Distance Required Between Buildings on the Same Building Site. The minimum distance between a building designed or used for human habitation and any other detached building or structure, expect for accessory structures placed in the side-yard or rear-yard in compliance with Section 11-12-2, on the same site shall be ten (10) feet.
SECTION 5.
The existing Section 11-6B-4 Lot area requirements, Subsection B.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Side and Rear. Ten (10) feet from any side or rear property line, however the planning commission may increase this requirement to provide reasonable light, air and privacy requirements. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
SECTION 6.
The existing Section 11-6B-4 Lot area requirements, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Distance Required Between Buildings on the Same Building Site. The minimum distance between buildings designed or used for human habitation and any other building, expect for accessory structures placed in the side-yard or rear-yard in compliance with Section 11-12-2, on the same building site shall be ten (10) feet.
SECTION 7.
The existing Section 11-12-2 Accessory Structures, of the Solvang Municipal Code is hereby revised to read as follows:
A. No accessory structure shall be constructed on a lot until construction of the principal structure has begun, and no accessory structure shall be used unless the principal structure on the lot is also being used.
B. An accessory structure erected as an integral part of the principal structure shall comply in all respects with the use, yard and height requirements applicable to the principal structure.
C. Set-Back Requirements in Non-Residential Districts.
1. Accessory structures shall conform to the height requirements and the front-yard and side-yard setback regulations of the district.
2. An accessory structure may be located in the required rear yard setback provided that all of the following requirements are met:
a. The accessory structure is located no closer than ten (10) feet to the principal structure;
b. The accessory structure occupies no more than forty percent (40%) of the required rear yard; and
c. The accessory structure does not exceed a height of twelve (12) feet. 87 3. This subsection applies to all districts except the following residential districts in Chapter 6, Title 11: R-1/E-1 Single Family Residential District, DR Design Residential District, and PRD Planned Residential Development District.
D. Set-Back Requirements in Residential Districts.
1. Accessory structures shall conform to the front-yard setback regulations of the district.
2. Accessory structures shall not exceed 24 feet in height or the height requirement of the district, whichever is less.
3. An accessory structure may be located in the required rear-yard setback provided that all of the following requirements are met:
a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Accessory Structure Height Minimum Distance from Rear Property Line 9 feet or less No minimum distance, provided any ornamental features, including but not limited to sills, buttresses, cornices, and eaves, shall not extend over the property line or cause water to flow across the property line
Greater 9 feet but not
greater than 12 feet
Five (5) feet
Greater than 12 feet Ten (10) feet
b. Accessory structures shall not impede fire access and shall be placed such that:
i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. All accessory structures in the rear yard shall collectively occupy no more than forty percent (40%) of the required rear-yard setback.
4. An accessory structure may be located in the side-yard setback provided that all of the following requirements are met:
a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Accessory Structure Height Minimum Distance from Side Property Line 9 feet or less No minimum distance, provided any ornamental features, including but not limited to sills, buttresses, cornices, and eaves, shall not extend over the property line or cause water to flow across the property line
Greater than 9 feet but not
greater than 12 feet
Five (5) feet
Greater than 12 feet Ten (10) feet
b. Accessory structures shall not impede fire access and shall be placed such that:
88 i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. The cumulative total square footage of all accessory structures in the side yard shall not exceed 200 square feet in each side yard.
5. This subsection applies to all districts in Chapter 6, Title 11: R-1/E-1 Single Family Residential District, DR Design Residential District, and PRD Planned Residential Development District.
E. No accessory structure on a corner lot shall be located closer to the street right-of-way or centerline than the principal building on that lot, nor within any front yard setback, except accessory structures may be located in a side-yard of a corner lot closer to the street right-ofway or centerline than the principle building provided the accessory structure is fully screened behind a fence at least six (6) feet in height and the accessory structure is no taller than nine (9) feet.
F. For a corner lot backing on a key lot, no accessory structure shall be located closer than ten (10) feet to the rear property line.
G. This Section applies to all accessory structures including accessory structures requiring a land use permit pursuant to Section 11-16-1(B)(1)(g) and a building permit pursuant to Section 10-1-4(G) and accessory structures meeting the requirements of being exempt from land use permits and building permits, also referred to as exempt accessory structures.
SECTION 8.
The existing Section 11-12-3 Residential uses, Subsection A.6, of the Solvang Municipal Code is hereby revised to read as follows:
6. Guesthouses shall conform to all of the setback regulations set forth in Section 11-12-2.
SECTION 9.
The existing Section 11-12-16 Lot area requirements, Subsection A.5, of the Solvang Municipal Code is hereby revised to read as follows:
5. Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this title and except for the ordinary projection of sills, buttresses, cornices, chimneys, eaves and ornamental features but in no case shall such projections exceed three (3) feet. This subsection does not apply to accessory structures in residential districts in Chapter 6, Title 11, placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
SECTION 10.
The existing Section 11-16-1 Land use permits, Subsection B.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, change of use or rebuilding of any building, structure or improvement within the city wherein permits are required under the provisions of this title, a land use permit shall be issued by the planning manager unless other regulations of this title 89 specifically indicate such permit is not required or the activity is included in one (1) of the following exemptions:
a. Repair and maintenance activities that do not result in addition to, or enlargement or expansion of, the object of such repair or maintenance activities. b. Fences and walls of six (6) feet or less and gateposts of eight (8) feet or less in height.
c. Installation of irrigation lines.
d. Public works facilities constructed by the city.
e. Buildings or structures having an aggregate value of less than five hundred dollars ($500.00).
f. Underground gas pipelines less than twelve (12) inches in diameter, and similar installations erected, installed or maintained by public agencies or public service or utility districts or companies.
g. Exemptions. One-story detached accessory structures used as tool and storage sheds, playhouses, doghouses, gazebos, pergolas and similar structures, provided that such buildings do not exceed twelve (12) feet in height, and the building does not exceed one hundred twenty (120) square feet in area and do not include plumbing or electrical facilities. All structures, which are determined to be exempt from a land use permit, are required to conform to the setbacks of the applicable zone district or Section 11-12-2, as applicable.
SECTION 11.
This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 12.
Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
PASSED, APPROVED, AND ADOPTED on this 28th day of March, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 90 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 22-0354 was duly introduced at a regular meeting of the City Council held on the 14th day of March, 2022, and was duly adopted at a regular meeting of said City Council held on the 28th day of March 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
91 Attachment B
Recommended Code Amendments to Allow for Certain Accessory Structures in SideYard and Rear-Yard Setbacks Title 11 ZONING REGULATIONS
Chapter 3 DEFINITIONS
11-3-1 Definitions.
. . .
ACCESSORY BUILDING OR ACCESSORY STRUCTURE. A building or structure containing no kitchen and located upon the same building site as the primary building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land. Accessory buildings or accessory structures include, but are not limited to, tool and storage sheds, playhouses, doghouses, gazebos, pergolas, guesthouses, and similar structures. . . .
Title 11 ZONING REGULATIONS
Chapter 6 RESIDENTIAL DISTRICTS
Article A. R-1/E-1 Single-Family Residential District
11-6A-4 Lot area requirements.
. . .
B. Setbacks for Buildings and Structures.
1. Front. Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way line of any street.
2. Side. On each side of the lot, ten percent (10%) of the width of the lot, except:
a. For lots zoned 7-R-1 to 10-R-1 that are less than fifty (50) feet wide, in no case shall the required side yard setback be less than five (5) feet. For lots that are greater than one hundred (100) feet wide in no case shall the side yard setback be more than ten (10) feet.
b. For lots zoned 20-R-1 to 3-E-1, that are less than one hundred (100) feet wide, in no case shall the required side yard setback be less than ten (10) feet.
For lots that are greater than two hundred (200) feet wide in no case shall the side yard setback be more than twenty (20) feet.
3. Rear. Twenty-five (25) feet.
4. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
C. Permitted Variations of Setbacks for Buildings.
1. Side. The required side yard setback for portions of a building may be varied subject to all of the following limitations:
a. For lots zoned 7-R-1 to 10-R-1, no portion of the building shall be less than five (5) feet from the side lines of the lot. For lots zoned 20-R-1 to 3-E-1, no portion of the building shall be less than ten (10) feet from the side lines of the lot.
92 b. No portion of a wall containing windows opening into rooms of a building (except a garage) shall be closer to the side lines of a lot than the required side yard setback.
c. The average distance of the building from the side line of the lot shall equal the required side yard setback. Said average distance shall be computed by multiplying the length of the various segments of the appropriate side of the building by their corresponding distances from the side property line and dividing the sum of the products by the total length of the building.
2. Rear. The required rear yard setback for a portion of a building may be varied subject to all of the following limitations:
a. No portion of any dwelling shall be closer than fifteen (15) feet to the rear line of the lot.
b. The average distance of the building from the rear property line shall equal the required rear yard setback. Said average distance shall be computed by multiplying the length of the various segments of the rear of the building by their corresponding distances from the rear property line and dividing the sum of the products by the total width of the rear of the building.
3. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
D. Distance Required Between Buildings on the Same Building Site. The minimum distance between a building designed or used for human habitation and any other detached building or structure, expect for accessory structures placed in the side-yard or rear-yard in compliance with Section 11-12-2, on the same site shall be ten (10) feet.
E. Height Limit. No building or structure shall exceed a height of thirty-five (35) feet.
Title 11 ZONING REGULATIONS
Chapter 6 RESIDENTIAL DISTRICTS
Article B. DR Design Residential District
11-6B-4 Lot area requirements.
. . .
B. Setbacks for Buildings and Structures. For the purpose of this article, where clustered residential development occurs, a “street” shall be defined as a public right-of-way or private right-of-way providing access to two (2) or more parcels which are owned by more than one (1) entity, excluding condominium developments.
1. Front. Twenty (20) feet from the right-of-way line of any street.
2. Side and Rear. Ten (10) feet from any side or rear property line, however the planning commission may increase this requirement to provide reasonable light, air and privacy requirements. Side-yard and rear-yard setback requirements in this subsection do not apply to accessory structures placed in the side-yard or rearyard in compliance with the requirements of Section 11-12-2.
C. Distance Required Between Buildings on the Same Building Site. The minimum distance between buildings designed or used for human habitation and any other building, expect for accessory structures placed in the side-yard or rear-yard in compliance with Section 11-12-2, on the same building site shall be ten (10) feet. 93 D. Building Coverage. Not to exceed thirty percent (30%) of the net area of the property shall be covered by buildings containing dwelling units. . . .
Title 11 ZONING REGULATIONS
Chapter 6 RESIDENTIAL DISTRICTS
Article C. PRD Planned Residential District
11-6C-5 Lot area requirements.
. . .
B. Setbacks for Buildings and Structures. There are no standard setback requirements provided in this district. Use of standard zoning methods generally employed in the city does not give adequate means by which the city can accomplish the results desired in this district.
Setbacks shall be proposed and approved on the development plans in order to protect and preserve property values of the site and adjacent properties, ensure compatibility of different uses, avoid nuisances and advance the general welfare within the PRD District. In addition, siting of structures shall be based on the following factors. privacy, light and air, solar exposure, building configuration and aesthetics.
C. Building Coverage. Not more than thirty percent (30%) of the net area of the property shall be covered by buildings containing dwelling units, and in no case shall the total building coverage exceed fifty percent (50%) of the net area of the property. . . .
Title 11 ZONING REGULATIONS
Chapter 12 SUPPLEMENTAL REGULATIONS
11-12-2 Accessory structures.
A. No accessory structure shall be constructed on a lot until construction of the principal structure has begun, and no accessory structure shall be used unless the principal structure on the lot is also being used.
B. An accessory structure erected as an integral part of the principal structure shall comply in all respects with the use, yard and height requirements applicable to the principal structure.
C. Set-Back Requirements in Non-Residential Districts.
1. Accessory structures shall conform to the height requirements and the front-yard and side-yard setback regulations of the district.
2. An accessory structure may be located in the required rear yard setback provided that all of the following requirements are met:
a1. The accessory structure is located no closer than ten (10) feet to the principal structure;
b2. The accessory structure occupies no more than forty percent (40%) of the required rear yard; and
c3. The accessory structure does not exceed a height of twelve (12) feet.
3. This subsection applies to all districts except the following residential districts in Chapter 6, Title 11: R-1/E-1 Single Family Residential District, DR Design Residential District, and PRD Planned Residential Development District. 94 D. Set-Back Requirements in Residential Districts.
1. Accessory structures shall conform to the front-yard setback regulations of the district.
2. Accessory structures shall not exceed 24 feet in height or the height requirement of the district, whichever is less.
3. An accessory structure may be located in the required rear-yard setback provided that all of the following requirements are met:
a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Accessory Structure
Height
Minimum Distance from Rear Property Line
9 feet or less No minimum distance, provided any
ornamental features, including but not
limited to sills, buttresses, cornices, and
eaves, shall not extend over the property
line or cause water to flow across the
property line
Greater 9 feet but not
greater than 12 feet
Five (5) feet
Greater than 12 feet Ten (10) feet
b. Accessory structures shall not impede fire access and shall be placed such that:
i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. All accessory structures in the rear yard shall collectively occupy no more than forty percent (40%) of the required rear-yard setback.
4. An accessory structure may be located in the side-yard setback provided that all of the following requirements are met:
a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Accessory Structure
Height
Minimum Distance from Side Property Line
9 feet or less No minimum distance, provided any
ornamental features, including but not
limited to sills, buttresses, cornices, and
eaves, shall not extend over the property
line or cause water to flow across the
property line
Greater than 9 feet but not
greater than 12 feet
Five (5) feet
95 Greater than 12 feet Ten (10) feet
b. Accessory structures shall not impede fire access and shall be placed such that:
i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. The cumulative total square footage of all accessory structures in the side yard shall not exceed 200 square feet in each side yard.
5. This subsection applies to all districts in Chapter 6, Title 11: R-1/E-1 Single Family Residential District, DR Design Residential District, and PRD Planned Residential Development District.
ED. No accessory structure on a corner lot shall be located closer to the street right-ofway or centerline than the principal building on that lot, nor within any side or front yard setback, except accessory structures may be located in a side-yard of a corner lot closer to the street right-of-way or centerline than the principle building provided the accessory structure is fully screened behind a fence at least six (6) feet in height and the accessory structure is no taller than nine (9) feet.
FE. For a corner lot backing on a key lot, no accessory structure shall be located closer than ten (10) feet to the rear property line.
G. This Section applies to all accessory structures including accessory structures requiring a land use permit pursuant to Section 11-16-1(B)(1)(g) and a building permit pursuant to Section 10-1-4(G) and accessory structures meeting the requirements of being exempt from land use permits and building permits, also referred to as exempt accessory structures.
Title 11 ZONING REGULATIONS
Chapter 12 SUPPLEMENTAL REGULATIONS
11-12-3 Residential uses.
A. Guesthouses.
1. No guesthouse shall be located on a lot containing less than one (1) acre.
2. There shall be not more than one (1) guesthouse on any lot.
3. The floor area of such guesthouse shall not exceed eight hundred (800) square feet.
4. No guesthouse shall exceed a height of one (1) story, or two (2) stories if built over another accessory building.
5. There shall be no kitchen or cooking facilities within a guesthouse.
6. Guesthouses shallmust conform to all of the setback regulations set forth in Section 11-12-2the applicable district for dwellings.
7. A guesthouse shall be used only by the occupants of the main dwelling or their nonpaying guests or servants and is not to be rented, whether the compensation is paid directly or indirectly in money, goods, wares, merchandise or services. . . .
Title 11 ZONING REGULATIONS
Chapter 12 SUPPLEMENTAL REGULATIONS
11-12-16 Lot area regulations.
96 A. General Setback Regulations.
1. Where a setback line is called for or shown on a recorded subdivision or parcel map or on a development plan in the PRD District under section 11-6C-5(B) of this title, the required setback shall be the setback line shown on the subdivision, parcel map or development plan.
2. In computing the depth of a rear yard setback or the width of a side yard setback, if such yard abuts upon an alley, and the owner of the yard owns all or one-half (1/2) of the underlying feet of such alley, up to one-half (1/2) the width of such alley may be included in the rear yard or side yard.
3. On any lot which has been reduced in width or depth below the original dimensions of the lot legally created by a recorded subdivision map or deed prior to October 1, 1960, which reduction was required by the county or city for road widening purposes, the required yards shall be computed on the basis of the original dimensions of the lot as though such road widening had not occurred.
4. In single-family residential subdivisions wherein all proposed dwellings are to be constructed at one time by the developer and a plot plan showing the location and dimensions of each building and the front, side and rear and setback dimensions of each lot has been filed with the planning/community development department, the planning/community development director may modify the required front yard setback for not to exceed fifty percent (50%) of the lots on each side of the street in each block, subject to all of the following limitations:
a. No garage shall be located closer than ten (10) feet to the street right-ofway line. b. No part of the dwelling portion of the building shall be located closer than fifteen (15) feet to the street right-of-way line.
c. No garage shall be so oriented that there is less than twenty (20) feet of unobstructed driveway space within the property on which to park a car outside of the garage.
d. The average distance of each building from the centerline of the street shall be at least fifty (50) feet. Such average distance shall be determined by multiplying the width of the various segments of the front of the building by the setback distance of such segments from the centerline of the street and dividing the sum of the products by the total width of the building.
5. Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this title and except for the ordinary projection of sills, buttresses, cornices, chimneys, eaves and ornamental features but in no case shall such projections exceed three (3) feet. This subsection does not apply to accessory structures in residential districts in Chapter 6, Title 11, placed in the side-yard or rear-yard in compliance with the requirements of Section 11-12-2.
6. Fire escapes, balconies and unroofed and unenclosed porches, stairways, or landings may extend into the front or rear yard setback four (4) feet and into a side yard setback three (3) feet when so constructed and placed as not to obstruct light or ventilation of buildings or ready use of said yards for ingress or egress.
7. In any area where a building can be legally constructed on or closely adjacent to the right-of-way line of a public street, eaves and roof overhangs, sills, belt courses, 97 fire escapes, balconies and unroofed and unenclosed porches may project into a street right-of-way no more than thirty (30) inches; provided that all such encroachments shall be at least eight (8) feet above any area used by pedestrians, and at least fourteen (14) feet above any area used for vehicular traffic; and provided further, an encroachment permit for such projections is obtained from the city manager.
8. Where the elevation of the ground at a point fifty (50) feet from the centerline of any street is seven (7) feet or more below or above the grade of said centerline, the front setback for a private detached garage may be decreased by forty percent (40%) and the front setback for a dwelling may be decreased by twenty percent (20%) provided the front face of such garage is no closer than ten (10) feet to the abutting street right-of-way.
B. Through, Corner, Interior and Odd Shaped Lots.
1. Through Lots. The side yard setbacks shall extend the full depth of the lot between the street lines and there shall be two (2) front yard setbacks for the purpose of computing setbacks.
2. Corner Lots Abutting Two (2) or More Streets.
a. If a corner lot is less than one hundred (100) feet in width, the side yard setback on the street side of such lot shall be not less than twenty percent (20%) of the width of the lot, but in no case shall said yard setback be less than ten (10) feet.
b. If a corner lot is one hundred (100) feet or greater in width, there shall be two (2) front yard setbacks and both shall conform to the front yard setback requirements of the applicable district.
c. For a corner lot backing on a key lot, no accessory structure shall be located closer than ten (10) feet to the rear property line.
3. Interior Lots. The setback regulations of the applicable district shall not apply to an interior lot but any structure located upon such lot shall have a setback of at least ten (10) feet from all property lines and the total setback area shall equal the total area of all setbacks required in the applicable district.
4. Odd Shaped Lots. In the case of odd shaped lots, the planning/community development director shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable district. . . .
Title 11 ZONING REGULATIONS
Chapter 16 PERMIT PROCEDURES
11-16-1 Land use permits.
. . .
B. Applicability.
98 1. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, change of use or rebuilding of any building, structure or improvement within the city wherein permits are required under the provisions of this title, a land use permit shall be issued by the planning/community development director manager unless other regulations of this title specifically indicate such permit is not required or the activity is included in one (1) of the following exemptions:
a. Repair and maintenance activities that do not result in addition to, or enlargement or expansion of, the object of such repair or maintenance activities. b. Fences and walls of six (6) feet or less and gateposts of eight (8) feet or less in height.
c. Installation of irrigation lines.
d. Public works facilities constructed by the city.
e. Buildings or structures having an aggregate value of less than five hundred dollars ($500.00).
f. Underground gas pipelines less than twelve (12) inches in diameter, and similar installations erected, installed or maintained by public agencies or public service or utility districts or companies.
g. Exemptions. One-story detached accessory structures buildings used as tool and storage sheds, playhouses, doghouses, gazebos, pergolas and similar structures, provided that such buildings do not exceed twelve (12) feet in height, and the building does not exceed one hundred twenty (120) square feet in area and do not include plumbing or electrical facilities. All structures, which are determined to be exempt from a land use permit, are required to conform to the setbacks of the applicable zone district or Section 11-12-2, as applicable. . . .
99 Agenda Item Number: 6
Solvang City Council STAFF REPORT
PREPARED BY: Dave Fleishman, City Attorney
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: March 14, 2022
SUBJECT: INTRODUCTION FOR FIRST READING OF ORDINANCE NO. 22-0355 AMENDING TITLES 2, 8, 10, 11 AND 12 OF THE SOLVANG MUNICIPAL
CODE TO REFLECT PLANNING DIVISION REORGANIZATION, CLARIFY
DESIGN REVIEW COMMITTEE AND PLANNING COMMISSION POWERS
AND DUTIES, CLARIFY APPEAL BODIES, AND REMOVE OUTDATED CODE
PROVISIONS AND TYPOGRAPHICAL ERRORS
RECOMMENDATION:
Introduce for first reading, by title only and waive further reading, of Ordinance 22-0355 of the City Council of the City of Solvang, California, Amending Titles 2, 8, 10, 11, and 12 of the Solvang Municipal Code to Reflect Planning Division Reorganization, Clarify Design Review Committee and Planning Commission Powers and Duties, Clarify Appeal Bodies, and Remove Outdated Code Provisions and Typographical Errors.
DISCUSSION:
Ordinance 22-0355, if adopted would amend the municipal code to (1) update the code consistent with a reorganization of the planning division; (2) clarify the Design Review Committee’s and the Planning Commission’s respective powers and duties; (3) clarify the appropriate appeal body for certain Design Review Committee and planning staff/planning division decisions; and (4) remove outdated language and fix typographical errors. These changes are discussed more below and shown in track changes in Attachment B.
A. Reorganization of the Planning Division
The City recently went through a reorganization approved by the City Council that changed the planning “department” to a “division” and made “planning manager” the highest position in the planning division. Ordinance 22-0355 updates the municipal code to reflect this reorganization by changing references to “planning department” to “planning division” and references to “planning director” to “planning manage.” The amendments also standardize the references to these terms. Further the definition of “planning manager” is amended to include the planning manager’s designee and clearly state that if the planning manager has not been appointed or is absent, “planning manager” in the code means the City Manager or the City Manager’s designee. While the City Manager has the authority to step into the role of planning manager when that position is unfilled, this definition streamlines this process administratively and allows the City Manager to efficiently continue operations in the absence of a planning manager.
Note that in preparing the ordinance for the City Council’s review, staff found additional references in the code to the “planning department” and “planning director” (or equivalent terms) and have made conforming edits to update these terms consistent with the Planning Commission’s recommendations. 100
B. Codification of Design Review Committee’s Power and Duties The current planning and design application process has resulted in multiple reviews of the same project by the DRC and some confusion over when the DRC or the Planning Commission is the final approval body for the aspects of an application reviewed by the DRC because the relationship between these bodies is not clearly articulated in the Code. Ordinance 22-0355 updates the municipal code to clarify the DRC and Planning Commission’s respective roles and their relationship to each other.
If Ordinance 22-0355 is adopted, the DRC would be the final decision-making body for aspects of a project within its purview if that project will not subsequently go before the Planning Commission. For example, a sign application or a stand-alone project to alter a landscaped area. Such decisions of the DRC are appealable to the City Council.
In contrast, if the DRC reviews a project that will also go before the Planning Commission, the DRC would provide advice and recommendation to the Planning Commission on the aspects of the project within its purview, and the Planning Commission would be the final decision-making body for the entire application. In this circumstance, the Design Review Committee’s recommendations would only be appealable through appeal of the Planning Commission’s final decision on the overall project, not separately.
The Planning Commission would be required to defer to the DRC’s recommendations on aspects of a project within the DRC’s purview. If the Planning Commission wanted to deviate from the DRC’s recommendations, the Planning Commission would be required to document why a deviation from the DRC’s recommendations is warranted and how the revised approach would be consistent with the design guidelines. The Planning Commission also would be clearly empowered to send an application back to the DRC for further review and recommendation if there had been significant changes affecting the design of the project since the DRC’s review.
Finally, if Ordinance 22-0355 is adopted, the DRC’s powers would be more clearly enumerated and articulated in Section 2-4-4 and throughout the Code.
C. Clarification of Appeal Body
There are several places in the code where it states that an action of the DRC or the “planning/community development director” (which, as discussed above is being amended to reflect current staff titles and division structure) may be appealed to the Planning Commission “pursuant to title 1, chapter 6 of this code.” Title 1, Chapter 6 of the Solvang Municipal Code sets out the procedures for appeal to the City Council whenever such appeal “is allowed by a provision of this code.” SMC Section 1-6-1. Also, other provisions in the Code, state that decisions of the DRC and planning division staff are appealable to the City Council, not the Planning Commission.
Thus, these references to the Planning Commission in relation to Title 1, Chapter 6 are in error.
Ordinance 22-0355 if adopted, would amend the code to refer to the City Council instead of the Planning Commission.
D. Outdated Code Provisions and Typographical Errors
Ordinance 22-XXX, if adopted, would also amend the Solvang municipal code to address several outdated code provisions, make certain clarifying edits and fix typographical errors. • “Second Residential Unit” References: The Solvang municipal code currently includes provisions regulating “second residential units.” However, these provisions, including Section 11-12-14 have been superseded by state law on accessory dwelling units (ADU). At this time the City applies state ADU law in the City. Ordinance 22-0355, if adopted, would remove 101
• provisions on “second residential units.” Additionally, the Code would be amended to clearly state in Section 11-11-7 that parking requirements for ADUs are set by state law. • Approval of Development Plans for Certain Multi-Family Properties: Certain language in 11-6B-1 is not consistent with current City practice and is not a recommend approach from a planning perspective. Ordinance 22-0355, if adopted, would delete this language. • Reapplication: Section 11-17-6 of the Solvang Municipal code sets out when it is appropriate for a person to reapply for a project with substantially the same application but includes a typographical error. Ordinance 22-0355, if adopted, would address this error while maintaining the same intent and meaning of the provision.
• Minor Alterations in the Commercial Districts: Ordinance 22-0355, if adopted, would update Section 11-7B-1.B.2 and analogous language in Section 11-7C-1 to clarify when development plan review is not required for minor alterations and make these two provisions consistent. In particular, alterations and additions cannot exceed a total of 1,500 square feet for the life of the building or structure.
• Building Official: Consistent with the Planning Commission’s, Ordinance 22-0355, if adopted, would add a definition of “building official” to Section 11-3-1 of the Code and a description of the building official’s duties to Section 10-1-2 of the Code. • Issuance of Land Use Permits: Consistent with the Planning Commission’s comments, Ordinance 22-0355, if adopted, would reword Section 11-16-1.D.2 to more clearly and directly state when the planning manager shall issue a land use permit for a development requiring a public hearing.
• Special Events: The Planning Commission considered Section 11-12-8 as part of the proposed code amendments. However, upon review staff determined that this section needs a more holistic review as it does not reflect current City practice. This section will be brought to City Council for independent consideration at a later date.
E. Prior consideration by Design Review Committee and Planning Commission.
On September 16, 2022 the Design Review Committee (DRC) requested clarification on its powers and duties in relation to the Planning Commission’s powers and duties. At this time staff acknowledged that the Code needed to be amended to more clearly articulate the DRC’s power and duties. On November 18th, the DRC considered certain proposed amendments to the Solvang Municipal Code to clarify the respective roles of the DRC and the Planning Commission and provided further recommendations to staff. Staff also determined that certain other code amendments were needed to reflect the recent reorganization of the planning division, clarify the appropriate appeal body for certain DRC and planning staff decisions and address outdated code provisions and typographical errors. On December 6, 2021 and, at a duly noticed public hearing, on February 7, 2022 the Planning Commission considered amendments to the Solvang municipal code addressing the above discussed issues and provided further direction to staff.
On February 17, 2022 the DRC and the Planning Commission held a joint session to review the proposed code amendments and provide final direction to staff. At this joint meeting the DRC passed a motion in support of the amendments and the Planning Commission adopted a resolution recommending the City Council adopt an ordinance to approve the amendments consistent with the DRC and Planning Commissions discussions at the joint meeting. Staff has incorporated the final recommendations from the DRC and Planning Commission to the ordinance and made other certain conforming edits as discussed above.
102
ALTERNATIVES:
1. Modify and introduce the prepared ordinance
2. Decline to introduce the prepared ordinance
3. Provide further direction to staff
FISCAL IMPACT:
Adoption of the Ordinance may result in minor costs of recodification and implementation of ordinance changes but such costs are expected to be within existing budgetary limits.
ATTACHMENTS:
A – Ordinance 22-0355
B – Proposed Code Amendments Track Changes
103
ORDINANCE NO. 22-0355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING TITLES 2, 8, 10, 11 AND 12 OF THE SOLVANG MUNICIPAL CODE TO REFLECT
PLANNING DIVISION REORGANIZATION, CLARIFY DESIGN REVIEW COMMITTEE AND
PLANNING COMMISSION POWERS AND DUTIES, CLARIFY APPEAL BODIES, AND REMOVE
OUTDATED CODE PROVISIONS AND TYPOGRAPHICAL ERRORS
WHEREAS, the City recently went through a reorganization approved by the City Council that changed the planning “department” to a “division” and made “planning manager” the highest position in the planning division and amendments to the Municipal Code, including Title 11, are required to reflect that reorganization; and
WHEREAS, on September 16, 2021 the Design Review Committee requested clarification on its powers and duties in relation to the Planning Commission’s powers and duties; and WHEREAS, on November 18th, 2021, the Design Review Committee considered certain proposed amendments to the Solvang Municipal Code to clarify the respective roles of the Design Review Committee and the Planning Commission; and
WHEREAS, certain other code amendments are needed to address outdated code provisions and typographical errors and to clarify the appropriate appeal body for certain Design Review Committee decisions and planning division staff decisions; and WHEREAS, on December 6, 2021 and February 7, 2022 the Planning Commission considered amendments to the Solvang Municipal Code and determined such amendments are warranted to reflect the reorganization of the planning division, clarify the respective roles of the Design Review Committee and the Planning Commission, address outdated code provisions and typographical errors and clarify the appropriate appeal body for certain Design Review Committee and planning division staff decisions; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 7, 2022, at which time it heard public input and considered the drafted amendments to the City’s regulations; and
WHEREAS, the Planning Commission determined that the drafted amendments are consistent with the general plan; and
WHEREAS, it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, and pursuant to Section 15061(b)(3), the adoption of such amendments is not subject to CEQA; and WHEREAS, on February 17, 2022 at a joint session the Planning Commission and the Design Review Committee further considered drafted amendments to the Solvang Municipal Code reflecting previous input from the Commission and Committee; and the Design Review Committee passed a motion in support of the amendments and the Planning Commission recommended the City Council approve the amendments; and
WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to reflect the reorganization of the Planning Commission, clarify the Design Review Committee and Planning Commission’s respective powers and duties, clarify the appeal body for certain decisions, and remove outdated code provisions and typographical errors. 104
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1.
The existing Section 2-1-3 Organization and meetings, Subsection A.2. of the Solvang Municipal Code is hereby revised to read as follows:
2. The planning manager of the city shall be ex officio secretary of the planning commission. Whenever in this code or any other ordinance of the city the words “planning manager” are used, they shall refer to and mean the planning manager of the city or the planning manager’s designee and, if and when a planning manager has not been appointed or is absent, the city manager and the city manager’s designee.
SECTION 2.
The existing Section 2-1-4 Duties and responsibilities of the Solvang Municipal Code is hereby revised to read as follows:
2-1-4 Duties and responsibilities.
A. General. The planning commission shall have the responsibilities for:
1. Developing, preparing, periodically reviewing, revising and maintaining the general plan;
2. Implementing the general plan through actions including, but not limited to, the administration of specific plans and subdivision ordinances;
3. Annually reviewing the capital improvement program of the city and the local public works projects of other local agencies for their consistency with the general plan, pursuant to Government Code section 65400 et seq.;
4. Preparing, adopting and recommending to the city council plans and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the general plan;
5. Acting as an advisory agency for the city council in connection with the Subdivision Map Act;
6. Investigating and recommending plans to the city council for the improvement and beautification of the city, including matters such as the opening, straightening, widening, closing of or parking on streets, improvement and development of public streets, improvement and development of public buildings and works, the subdivision of lands and the supplementation or the change of zoning regulations and districts;
7. Promoting the public interest in, comment on and understanding of the general plan and regulations relating to it;
8. Consulting with and advising public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens concerning implementation of the general plan;
9. Promoting the coordination of local plans and programs with the plans and programs of other public agencies;
10. Reviewing and approving, disapproving or conditionally approving, or providing recommendations to city council, all applications submitted for development plans, conditional use permits, tentative map, specific plans, and any other application as specifically provided under this code.
11. When reviewing and approving, disapproving or conditionally approving, or providing recommendations to city council, on any application for which the design review committee has provided advice and recommendation to the planning commission, the planning commission shall defer to the design review committee’s advice and recommendations made pursuant to the design review committee’s 105
authority under Section 2-4-4, unless specific circumstances warrant otherwise. If such specific circumstances exist, the planning commission shall explain why any deviation from the design review committee’s advice and recommendations is warranted and how any deviation is in compliance with the design guidelines. The planning commission shall send an application to the design review committee for further review when the planning commission determines there have been changes significantly effecting the design of the project.
12. Such other functions and duties as imposed by law or as the city council may provide.
B. Board of Zoning Adjustment. The planning commission shall act as a board of zoning adjustment and shall have all responsibilities and all duties as may be imposed by law or by the city council.
C. Employment and Liability Restrictions. The planning commission shall have no authority to employ any person or incur any liability on behalf of the city.
SECTION 3.
The existing Section 2-4-3 Organization and meetings, Subsection A.2. of the Solvang Municipal Code is hereby revised to read as follows:
2. The planning manager of the city shall be ex officio secretary of the design review committee.
SECTION 4.
The existing Section 2-4-3 Organization and meetings, Subsection A.3. of the Solvang Municipal Code is hereby revised to read as follows:
3. The city planning division shall process and review all applications to the design review committee. The city planning division and other city staff shall act as professional advisors to the design review committee.
SECTION 5.
The existing Section 2-4-4 Duties and responsibilities of the Solvang Municipal Code is hereby revised to read as follows:
2-4-4 Duties and responsibilities.
A. General. The design review committee shall have the responsibilities for:
1. Developing aesthetic standards and/or requirements for properties within the village area of the city for review and approval by City Council;
2. Acting as an appeal board as specifically provided under the applicable sections of titles 2, 5, 8, 10 and 11 of this code, including Section 5-3-4 and 11-13- 12;
3. Holding regular meetings and specific hearings as provided in this section or under the applicable sections of titles 2, 5, 8, 10 and 11 of this code;
4. Rendering its advice and recommendation to the planning commission on the color, design, exterior architecture of buildings, landscaping, and exterior lighting aspects of any application for a development plan, conditional use permit, tentative map, specific plan or other planning commission approval;
5. Reviewing and approving, disapproving or conditionally approving all applications submitted for any sign requiring design review committee approval as specifically 106
provided under the city’s sign regulations, including Title 11, Chapter 13, and the applicable zoning district regulations;
6. Reviewing and either (i) approving, disapproving or conditionally approving all applications submitted to the design review committee for the following, or, (ii) if the application will be reviewed and approved, disapproved or conditionally approved by the planning commission or the city council upon recommendation from the planning commission, providing recommendations and advice to the planning commission on for the following:
a. Any alteration to a landscaped area requiring design review committee review under Section 11-4-7;
b. Any landscaping plan requiring design review committee review under Section 11-7A-5;
c. Any mobile home roof overhang requiring design review committee waiver pursuant to Section 11-12-11;
d. Any solar panels in the Tourist Related Commercial District requiring design review committee review pursuant to Section 11-12-13;
e. Any exterior lighting requiring design review committee review under Section 11-12-18;
f. Any telecommunication facility requiring design review committee review pursuant to Title 11, Chapter 18;
g. Any other application, sign, or design requiring design review committee approval as specifically required by the city manager, city manager’s designee, planning manager, planning commission or city council or as specifically required under the applicable sections of titles 2, 5, 8, 10, 11 of this code;
7. Performing all review and approval functions as specifically provided under the applicable sections of titles 5, 8, 10 and 11 of this code or designated to any predecessor body under any authority;
8. Determining design standards as specifically provided under Section 5-2-3, 8-5-5 and 10-1-4 and any other applicable sections of titles 5, 8, 10, and 11 for review and approval by City Council;
9. Rendering its advice on color, design, exterior architecture of buildings and structures, landscaping, exterior lighting, and signs to the planning commission or city council when requested to do so by the city manager, planning commission, or city council.
B. Filing Application. Prior to the issuance of any permits for any development, use, activity, structure or sign subject to design review committee review, whether the design review committee is reviewing and approving, disapproving or conditionally approving an application, or reviewing and providing recommendations to the planning commission on an application, the applicant shall file as many copies of the relevant application and project plans, as well as additional materials (color and texture chips, etc.) as may be required with the planning division. The plans shall include the information and details required by the planning division. An application for approval of a sign shall contain the information required by the city’s sign regulations or ordinances, including Title 11, Chapter 13.
C. Findings Required for Approval. The design review committee shall make the following findings before approving any application:
1. Overall building shapes, as well as parts of any structure (buildings, walls, screens, towers or signs) shall be in proportion to and in scale with other existing or permitted structures on the same site and in the area surrounding the property. 107
2. Mechanical and electrical equipment shall be well integrated in the total design concept.
3. There shall be harmony of material, color and composition of all sides of a structure or building.
4. A limited number of materials will be on the exterior face of the building or structure.
5. There shall be a harmonious relationship with existing and proposed adjoining developments, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.
6. Site layout, orientation and location of structures, buildings and signs shall be in an appropriate and well-designed relationship to one another, and to the environmental qualities, open spaces and topography of the property.
7. Adequate landscaping shall be provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provision for maintenance of all planting.
8. Signs including their lighting, shall be well designed and shall be appropriate in size and location.
9. The project shall be in substantial conformance with the design review committee guidelines.
D. Exceptions. Approval of the design review committee is not required for the following:
1. Interior alterations.
2. Decks.
3. Swimming pools, hot tubs and spas.
4. Fences or walls six (6) feet or less and gateposts of eight (8) feet or less in height, except when a part of the overall plans of a new residence, a remodeling or an addition to a structure requiring design review committee, such structures shall be included as part of the design review of the project.
5. Single-family residences.
6. Any other exterior alteration to be determined to be minor by the planning manager.
SECTION 6.
The existing Section 8-5-3 Permits required, of the Solvang Municipal Code is hereby revised to read as follows:
8-5-3 Permits required.
A. Application Required. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in or over any public street or other public property without first obtaining a permit therefor from the city planning division. An amended application for said permit shall be filed with the planning division in the event that newsracks are installed in the city or removed from the city by the applicant subsequent to the issuing of the original permit by the city.
B. Submittal Requirements. Applications for permits required by this chapter shall be filed with the planning division upon printed forms to be prescribed and supplied by the city.
Each application for a newsrack permit, or amended permit shall be accompanied by an application fee in an amount established by resolution of the city council. Permits shall be 108
renewed on or before the expiration date of the permit, accompanied by the application fee.
The application shall be signed by the applicant and shall include the following:
1. The name, address and telephone number of the applicant.
2. The name, address and telephone number of a responsible person who the city may notify or contact at any time concerning the newsrack.
3. The number and exact location(s) of the proposed new and/or existing newsracks.
4. The type or brand of the newsrack(s) proposed to be installed or maintained, including the newsrack and mount, and a dimensional graphic depiction of the rack that includes lettering and notation of color(s).
5. A site plan that denotes distances between the newsrack and the adjacent applicable curb, street, landscaping, hydrant, building, etc.
C. Indemnification. In addition to the permit application, each applicant shall execute a document, approved as to form by the city attorney, agreeing to indemnify and hold harmless the city, its officers, employees and agents against any claim, demand or judgment, (including attorney fees and all costs of defense) for bodily or personal injury and for property damage or other damages sustained by any person as a result of the installation, use or maintenance of any newsrack in the city.
D. Validity Period. Each permit shall be valid for a period of five (5) years and may be renewed pursuant to subsection B of this section. An amended permit shall expire at the time established for expiration of the original permit.
E. Approval or Denial. The planning manager shall approve, conditionally approve or deny an application within fourteen (14) days of the date upon which a complete new, renewed or amended application has been submitted. The planning manager shall approve any application which meets the standards and criteria set forth in this chapter. Such application may be approved either in whole or in part, when more than one (1) location is proposed by the applicant.
1. If an application does not meet the standards and criteria set forth in this chapter, the planning manager shall deny the permit. Upon any denial, the planning manager shall notify the applicant in writing of the specific basis of such denial. Denial of an application shall be without prejudice to amend such application.
2. The decision of the planning manager to approve or deny an application shall be final unless an appeal is filed as set forth in this section.
3. Any applicant who has been granted or denied a permit pursuant to the provisions of this chapter may file an appeal with the city council pursuant to procedures outlined in title 1, chapter 6 of this code. A written appeal shall be filed with the city clerk within ten (10) days of mailing or personal delivery of a notice of denial. The written appeal shall specifically set forth the grounds for the appeal. The appeal shall then be placed on the agenda for the next available regular meeting of the city council. The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at that meeting. The decision of the city council shall be final.
F. Inspections. Newsrack installations shall be subject to inspections by the city to verify compliance with all the provisions of this chapter.
SECTION 7.
The existing Section 8-5-5 Standards, Subsection G of the Solvang Municipal Code is hereby revised to read as follows:
109
G. Waiver. A waiver from one (1) or more standards may be obtained from the planning division. In order for the planning division to grant such a waiver it must be demonstrated that the proposed newsrack location would not impair or preclude the visibility of pedestrians or vehicle drivers, would not interfere with emergency services functions, and would not reduce the clear area for pedestrian passage to a width less than five (5) feet.
The planning division may only issue a permit involving deviation from standards if the public works director specifically approves such deviation, and the approval is included in the permit. The decision of the public works director is final.
SECTION 8.
The existing Section 8-8-5 Trees on private property required as development condition of the Solvang Municipal Code is hereby revised to read as follows:
8-8-5 Trees on private property required as development condition.
Where required as a development condition for subdivisions, new development and redevelopment, trees planted on private property shall be maintained by the property owner. Relocation, removal or replacement of required trees shall not be allowed without a written permit from the planning manager. Unauthorized removal or failure to maintain these trees is subject to the provisions of title 5, chapter 1 of this code in addition to any other civil or criminal remedies available to the city necessary to enforce the conditions of approval.
The city council may establish by resolution development conditions and/or guidelines relating to and necessary for the provision and maintenance of trees on private property.
SECTION 9.
The existing Section 10-1-2 Building official designated of the Solvang Municipal Code is hereby revised to read as follows:
10-1-2 Building official designated.
The building official is hereby designated as the building official and building code official for the city of Solvang. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official. The building official shall be appointed by the city manager. The building official shall have the following duties:
A. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
B. Any other such duty as determined by the city manager or the city manager’s designee.
SECTION 10.
The existing Section 10-1-4 Amendments—California Building Code, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Amend section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning Division and the official in charge thereof shall be known as the building official. 110
SECTION 11.
The existing Section 10-1-5 Amendments—California Residential Code, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Amend section R103.1 to read as follows:
R103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning Division and the official in charge thereof shall be known as the building official.
SECTION 12.
The existing Section 10-1-6 Amendments—California Existing Building Code, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Amend section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning Division and the official in charge thereof shall be known as the building official.
SECTION 13.
Section 11-3-1 Definitions of the Solvang Municipal Code is hereby revised to delete the following definitions; all other text and definitions in existing Section 11-3-1 remain the same:
DEVELOPMENT REVIEW COMMITTEE. The development review committee shall consist of the city manager, the city engineer, the city’s fire chief, a representative of the building official, a representative of the county’s flood control department, the planning/community development director and any other members deemed desirable by the city council.
PLANNING COMMISSION. The city of Solvang planning commission.
PLANNING/COMMUNITY DEVELOPMENT DEPARTMENT. The city of Solvang planning/community development department.
PLANNING/COMMUNITY DEVELOPMENT DIRECTOR. The planning/community development director of the city.
SECOND RESIDENTIAL UNIT. An attached or detached dwelling unit on a permanent foundation located in a single-family zone district, which provides complete, independent living facilities for one or more persons. A second residential unit shall not be sold or financed separately from the principal structure, but may be rented or leased. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the principal structure is located.
SECTION 14.
Section 11-3-1 Definitions of the Solvang Municipal Code is hereby revised to insert in alphabetical order the following definitions; all other text and definitions in existing Section 11-3-1 remain the same:
ACCESSORY DWELLING UNIT. An “accessory dwelling unit” and/or a “junior accessory dwelling unit” as such terms are defined under state law. 111
BUILDING OFFICIAL. The city of Solvang building official as designated pursuant to Title 10, Chapter 1, Section 2.
DEVELOPMENT REVIEW COMMITTEE. The development review committee shall consist of the city manager, the city manager’s designee, the city engineer, the city’s fire chief, a representative of the building official, a representative of the county’s flood control department, the planning manager and any other members deemed desirable by the city council.
PLANNING COMMISSION. The city of Solvang planning commission as established in Title 2, Chapter 1.
PLANNING DIVISION. The city of Solvang planning division.
PLANNING MANAGER. The planning manager as defined in Section 2-1-3 of this code.
SECTION 15.
The existing Section 11-4-7 Landscaped areas of the Solvang Municipal Code is hereby revised to read as follows:
11-4-7 Landscaped areas.
Any alteration to landscaped areas in the multiple-family, commercial, office and industrial districts for the purpose of removal of such areas for replacement with paving, hard surface or gravel shall first be reviewed and approved by the city’s design review committee or, if part of an application to the planning commission, by the planning commission with recommendation from the design review committee.
SECTION 16.
The existing Section 11-5-5 Additional requirements, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Landscaping. None required, except that for public and employee parking areas for a commercial-agricultural use (i.e., winery, riding stable) a landscaping plan must be approved by the planning manager. Said plan shall include landscaping which, within five (5) years, will reasonably screen the view of parking areas from adjacent public streets.
Said plan shall also include landscaping along all public streets. The landscaping shall consist of plant material and may include existing trees and plants on the property. All landscaping shall be installed at the time of project completion. Prior to the issuance of a land use permit, for projects requiring landscape plans, a performance security shall be filed as set forth in section 11-12-19 of this title.
SECTION 17.
The existing Section 11-6A-2 Permitted uses, Subsection I, of the Solvang Municipal Code is hereby revised to read as follows:
I. Family daycare homes, large. This use shall require a land use permit from the planning manager, which shall require noticing as set forth in section 11-17-4(C) of this title.
112
SECTION 18.
The existing Section 11-6A-5 Additional regulations, Subsection B.4.b, of the Solvang Municipal Code is hereby revised to read as follows:
b. The keeping of such small animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the planning manager.
SECTION 19.
The existing Section 11-6B-1 Purpose and intent of the Solvang Municipal Code is hereby revised to read as follows:
11-6B-1 Purpose and intent.
The purpose of the DR Design Residential District is to provide standards for traditional multiple residences as well as allowing flexibility and encouraging innovation and diversity in the design of residential developments by allowing a wide range of densities and housing types while requiring the provisions of open space within new residential developments. The intent is to ensure comprehensively planned, well designed projects.
No permits for development, including grading, shall be issued except in conformance with an approved final development plan as provided in section 11-16-4 of this title and with land use permits in section 11-16-1 of this title. Modifications may be granted by the planning commission or city council pursuant to this article.
SECTION 20.
The existing Section 11-6B-2 Permitted uses, Subsection J, of the Solvang Municipal Code is hereby revised to read as follows:
J. Family Daycare Homes, Large. This use shall require a land use clearance from the planning manager, which shall require noticing as set forth in section 11-17-4(C) of this title.
SECTION 21.
The existing Section 11-6C-6 Additional regulations, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Streets. Streets may be public or private; however, all private streets shall be required to be constructed to city standards and adequate provisions shall be made in the CC&Rs to ensure maintenance of private streets. The standards for any on site improvements (streets, walks, drainage, and utilities) may be modified for a PRD by the city upon recommendation from the city engineer or planning manager. Street design shall relate to the function of the street and, particularly in hillside areas, where no on street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, use of cul-de-sacs and loop streets and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.
SECTION 22.
113
The existing Section 11-7A-1 Purpose and intent, of the Solvang Municipal Code is hereby revised to read as follows:
11-7A-1 Purpose and intent.
A. General. The purpose of the TRC Tourist Commercial District is to primarily provide areas for tourist related retail business and commercial needs including stores, shops and hotels. Also, it is the intent to provide offices supplying commodities or performing services for the residents of the surrounding community and for local trade. In conjunction with such commercial uses, residential mixed uses are encouraged.
B. Processing.
1. No permits for development, including grading, shall be issued except in conformance with an approved development plan as provided in section 11-16-4 and with land use permits in section 11-16-1 of this title.
2. Pursuant to section 11-16-4(B), the following minor development may be permitted without full development plan review on reasonable conditions imposed by the planning manager.
a. Minor alteration, addition or replacement to an existing structure may be permitted without full development plan review, provided that the alteration or addition does not exceed three hundred (300) square feet in any two (2) year period; and/or
b. The addition or enlargement of an outdoor patio or seating area of a restaurant, bar, cocktail lounge, or wine tasting establishment.
The planning manager shall reserve the right to refer such matters to the planning commission for advice prior to making a final determination. The planning manager may also waive the requirement for up to two (2) parking spaces to accommodate the addition or enlargement of such an outdoor patio or seating area, and/or may allow for provision of all or some of the project parking to be addressed through payment of an in lieu parking fee pursuant to section 11-11-9. Such fee may be appealed to the city council as provided in section 11-11-9(D), which may then reduce or eliminate such fee.
SECTION 23.
The existing Section 11-7A-3 Conditional uses, Subsection A.7, of the Solvang Municipal Code is hereby revised to read as follows:
7. An enlargement or expansion of more than six hundred fifty (650) square feet to an existing single-family residence, or a reconstruction of an existing single-family residence due to damage which costs seventy-five percent (75%) or more of the replacement value of the single-family residence at the time of the damage, as determined by the planning manager, subject to the standards listed in subsection (B)(6) of this section. For the purposes of this provision, the term “reconstruction” shall mean the replacement of any structure that is damaged by fire, flood, earthquake or other natural disaster and is reestablished to the same or lesser size and in the same location within twelve (12) months of the time of the damage and is diligently carried to completion.
SECTION 24.
The existing Section 11-7A-3 Conditional uses, Subsection A.8.m, of the Solvang Municipal Code is hereby revised to read as follows:
114
m. Bike racks shall be installed and shall be attractively designed to complement the architecture of the building. The design review committee shall review and provide recommendations to the planning commission on the location, design and number of bike racks.
SECTION 25.
The existing Section 11-7A-3 Conditional uses, Subsection B.6, of the Solvang Municipal Code is hereby revised to read as follows:
6. Enlargement or expansion of six hundred fifty (650) square feet or less to an existing single-family residence, or a reconstruction of an existing single-family residence due to damage which costs less than seventy-five percent (75%) of the replacement value of the single-family residence at the time of the damage, as determined by the planning manager, subject to the following standards:
a. An enlargement, expansion or reconstruction may only be built upon a lot containing one existing single-family residence.
b. An enlargement, expansion or reconstruction shall be attached to the main dwelling with interior access from reconstruction. The enlargement, expansion or reconstruction shall not be used as a guesthouse or rental unit. c. The planning manager shall review the building plans to determine compliance with these standards. The planning manager may require the plans and building to be modified so that the potential for addition of a rental unit is precluded. Such action may include, but not be limited to, the removal of kitchens, showers, baths and walls.
d. The development standards for setbacks, permitted setback variations, building height and distance between buildings, shall be as required for the 7-R-1 Zoning District as set forth in chapter 6, article A of this title. e. Variances for setbacks, building height and distance between buildings may be processed in accordance with section 11-16-3 of this title. f. Two (2) parking spaces shall be provided, both of which are to be located in a private garage.
g. Plans for an enlargement, expansion or reconstruction shall be reviewed by the design review committee. Where Danish/Northern European architecture exists, the enlargement, expansion or reconstruction shall replicate the existing architecture.
Enlargements, expansions or reconstruction to existing buildings which are not designed in Danish/Northern European design a vernacular may be constructed within their particular motif if determined appropriate by the design review committee or if the building is designated to be of historic or architectural importance. h. Animals shall be kept only in accordance with section 11-6A-5(B) of this title. i. For the purposes of this provision, the term “reconstruction” shall mean the replacement of any structure that is damaged by fire, flood, earthquake or other natural disaster and is reestablished to the same or lesser size and in the same location within twelve (12) months of the time of the damage and is diligently carried to completion.
SECTION 26.
The existing Section 11-7A-5 Additional regulations, of the Solvang Municipal Code is hereby revised to read as follows:
11-7A-5 Additional regulations.
115
A. Parking. As required in chapter 11 of this title, except that required parking spaces may be provided in publicly owned parking lots subject to approval of the availability of the parking spaces by the planning manager.
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the planning manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title. All parking areas shall be landscaped as required under chapter 11 of this title.
C. Storage. Areas for trash or outdoor storage shall be enclosed and screened in such a manner as to conceal all trash or stored material from public view.
D. Landscaping of Discontinued Automobile Service Stations. A discontinued automobile service station that is not properly landscaped is hereby declared to be a continuing public nuisance. Therefore, within five (5) working days of the discontinuance of the use of an automobile service station, or within ten (10) days of the effective date of this subsection, whichever is later, the owner of the property shall submit a plan to the city for the landscaping of the automobile service station site. The plan shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, for consistency with the following standards:
1. The plan shall provide landscaping of the entire lot which:
a. Is planted and maintained with grass, or such other landscaping materials as are approved by the design review committee.
b. Has installed an automatic irrigation system approved by a registered landscape architect as sufficient to adequately maintain the landscaping.
2. The plan, as approved by the design review committee, or if part of an application considered by the planning commission, as approved by the planning commission after recommendation from the design review committee, shall be constructed within thirty (30) days of approval, or within such greater time period as may be allowed by the approving body. Unless otherwise authorized by the approving body, all elements of the plan, including landscaping and irrigation, shall be kept and maintained in a clean, neat and repaired condition at all times.
3. A failure to submit plans consistent with this subsection shall be deemed a public nuisance, and shall be enjoined as such.
E. Parking and Storage of Trailers and Recreational Vehicles. It is unlawful to store or park a trailer, recreational vehicles, boats, boat trailers, accessory trailers, stock trailers, farm, construction, industrial equipment or similar article, vehicles or device on any lot within the Tourist Related Zone District (TRC) for long-term purposes. This section shall not be interpreted to include vehicles parked for short term (one (1) to two (2) days) visitors.
SECTION 27.
The existing Section 11-7B-1 Purpose and intent, Subsection B.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Minor alterations or additions shall be permitted without development plan review, provided that the alteration or addition does not exceed three hundred (300) square feet or the square-footage requirement for one parking space pursuant to Section 11-11-7, on reasonable conditions imposed by the planning manager without full development plan review. Notwithstanding the foregoing, minor alterations or additions shall require development plan review if such additions exceed one (1) every two (2) years or a cumulative total of one thousand five hundred (1,500) square feet over the life of the 116
building or structure subject to the minor alteration or addition. The planning manager shall reserve the right to refer such matters to the planning commission for advice prior to making a final determination.
SECTION 28.
The existing Section 11-7B-5 Additional regulations, of the Solvang Municipal Code is hereby revised to read as follows:
11-7B-5 Additional regulations.
A. Parking. As required in chapter 11 of this title, except that required parking spaces may be provided in publicly owned parking lots subject to approval of the availability of the parking spaces by the planning manager.
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the planning manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title.
All parking areas shall be landscaped as required under chapter 11 of this title.
C. Storage. Areas for trash or outdoor storage shall be enclosed and screened in such a manner as to conceal all trash or stored material from public view.
SECTION 29.
The existing Section 11-7C-1 Purpose and intent, Subsection B.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Minor alterations or additions shall be permitted without development plan review, provided that the alteration or addition does not exceed three hundred (300) square feet or one (1) parking space, subject to reasonable conditions imposed by the planning manager without full development plan review. Notwithstanding the foregoing, minor alterations or additions shall require development plan review if such additions exceed one (1) every two (2) years or a cumulative total of one thousand five hundred (1,500) square feet over the life of the building or structure subject to the minor alteration or addition. The planning manager shall reserve the right to refer such matters to the planning commission for advice prior to making a final determination.
SECTION 30.
The existing Section 11-7C-5 Additional regulations, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the planning manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title. All parking areas shall be landscaped as required under chapter 11 of this title.
SECTION 31.
The existing Section 11-9-5 Additional regulations, Subsection B.5, of the Solvang Municipal Code is hereby revised to read as follows:
5. Outdoor storage areas shall be screened from view of any street by a wall or fence six (6) feet in height. Such wall or fence shall be located not closer than five (5) feet to the street right-of-way line. The space between the wall or fence and the street shall be landscaped. Areas where stored materials or equipment exceed a height of six (6) feet shall 117
be landscaped by a row of trees of a type approved by the planning manager to provide continuous screening to an approximate height of not less than twenty (20) feet nor more than forty (40) feet when mature.
SECTION 32.
The existing Section 11-11-3 Parking space regulations, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Recalculation on Change of Use. Upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter only for the new use. Any previous parking modifications granted by the planning commission, planning manager shall be null and void.
SECTION 33.
The existing Section 11-11-5 Landscape/screening of parking areas, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Screening shall be provided along each property line consisting of a five (5) foot-wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four (4) feet in height. Such fences or walls abutting streets shall be ornamental in texture, pattern or shadow relief. Plantings, fences or walls abutting streets shall not exceed thirty (30) inches in height for a distance of twenty-five (25) feet on either side of entrances or exits to the property. This requirement for screening may be waived or modified by the planning manager if adjacent property already has provided a solid wall not less than four (4) feet high.
SECTION 34.
The existing Section 11-11-5 Landscape/screening of parking areas, Subsection D.3, of the Solvang Municipal Code is hereby revised to read as follows:
3. Prior to the issuance of a land use permit, performance securities, in amounts to be determined by the planning manager, to guarantee the installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for two (2) years shall be filed with the city clerk. The performance security portion for installation will be released at the time the planning manager approves the installation. The remaining maintenance performance security portion shall be released at the end of the two (2) year period provided the planting has been adequately maintained.
SECTION 35.
The existing Section 11-11-6 Driveways, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Special Requirements. Upon recommendation of the city engineer or the planning manager or upon their own initiative when considering any project, the planning commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the commission determines that such special requirements either reduce or do not create traffic hazards or street parking problems. Such 118
special requirements shall be final subject to appeal to the city council as provided in section 11-17-5 of this title.
SECTION 36.
The existing Section 11-11-7 Required number of parking spaces, Subsection A.7, of the Solvang Municipal Code is hereby revised to read as follows:
7. Where the parking requirement for a use is not specifically defined in the applicable district or this chapter, the parking requirement shall be determined by the planning manager based upon the requirement for the most comparable use specified herein.
SECTION 37.
The existing Section 11-11-7 Required number of parking spaces, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Residential. Parking spaces to be permanently maintained on the same building site on which the dwelling(s) is located.
Single-family dwellings 2 spaces per dwelling unit, both of which shall be located in a private garage
Two-family dwellings 2 spaces per dwelling unit
Multiple dwelling units
Mixed use developments with
housing units reserved for senior
citizens located in TRC, C-2 and PO
Zone Districts
0.33 space per unit
Mixed use developments with
affordable housing units for low and
very low income households
0.5 space per unit
Single bedroom or studio dwelling
unit
1 space per dwelling unit
2 bedroom dwellings 2 spaces per dwelling unit. Such spaces shall be located within 200 feet from the building
served by such spaces
3 or more bedroom dwellings 2.5 spaces per dwelling unit, located as required for 2 bedroom dwellings above
Visitor parking 1 space per 5 dwelling units
Guesthouses 1 space per guesthouse
Mobile homes in mobile parks 2 spaces per site which may be tandem, and 1 space for every 3 sites for guest parking
Boarding and lodging houses 1 space per 4 bed spaces and 1 space per 2 employees
Retirement and special care homes 1 space per guestroom and 1 space per 2 employees
119
Accessory Dwelling Unit As required under state law
Emergency shelters 1 space per 7 beds and 1 space per employee SECTION 38.
The existing Section 11-12-3 Residential uses, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Temporary Second Dwellings. In any district where an existing structure is to be used for dwelling purposes on a temporary basis during the construction on the same lot of another structure to be used for dwelling purposes, a land use permit for such structure to be constructed may be issued by the planning manager, subject to execution of an agreement by the property owner that said existing structure will be removed, converted or reconverted to a permitted accessory building within three (3) months after commencement of the occupancy of the newly constructed dwelling and subject to the receipt by the city of a performance security in an amount designated by the building official and in form and content acceptable to the city attorney assuring the performance of said property owner’s obligations set forth in said agreement.
SECTION 39.
The existing Section 11-12-4 Second residential units of the Solvang Municipal Code is deleted in its entirety and replaced with the following:
11-12-4 Reserved.
SECTION 40.
The existing Section 11-12-5 Home occupations of the Solvang Municipal Code is hereby revised to read as follows:
11-12-5 Home occupations.
A. Processing. Prior to the commencement of any type of occupation in the home, a home occupation application shall be submitted to the planning division. The planning division shall approve, conditionally approve or deny such application. Upon approval of such application, a land use permit shall be issued for the home occupation.
B. Findings. The planning manager shall approve a home occupation application only if the proposed occupation meets all of the following criteria:
1. The home occupation shall be conducted in only one (1) room of the dwelling portion of the building not including garages or converted garages.
2. The home occupation shall not require any structural alterations of the dwelling, and the existence of the home occupation shall not be apparent beyond the boundaries of the property.
3. The home occupation shall be conducted solely by the dwelling occupants.
4. No displays, delivery of merchandise or advertising signs shall be permitted on the premises.
5. A maximum of five (5) customers, patients, clients, students or other persons served by the home occupation shall be permitted on the premises simultaneously.
6. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the premises. 120
7. No smoke or odor shall be emitted.
8. There shall be no outdoor storage of materials related to the home occupation.
9. No vehicles or trailers except those incidental to the residential use shall be kept on the premises.
10. The home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, premises or neighborhood.
C. Exemption to Permit Requirement for Home Occupations. No home occupation permit shall be required for home occupations such as, but not limited to, consultants in management, finance, engineering, publishing, bookkeeping, accounting, phone sales, etc., which meet all of the following:
1. Findings under subsections (B)(1) through (B)(4) and (B)(6) through (B)(10) of this section.
2. No clients or customers shall be served at the premises.
3. No business advertisements, except for business cards and letterhead, may list the home address.
4. All business transactions occurring on the premises shall occur by telephone, fax, computer modem, written correspondence or other telecommunication medium.
SECTION 41.
The existing Section 11-12-6 Daycare homes of the Solvang Municipal Code is hereby revised to read as follows:
11-12-6 Daycare homes.
A. Small Family Daycare Homes. Small family daycare homes shall be considered a residential use pursuant to this title, provided that the provider has obtained a license or a statement of exemption from licensing requirements from the California State Department of Social Services pursuant to Health and Safety Code section 1597.05.
B. Large Family Daycare Homes. Large family daycare homes shall be considered a residential use pursuant to this title, provided that prior to the issuance of a land use permit, the planning manager shall make the following findings:
1. The provider has obtained a license or a statement of exemption from licensing requirements from the California State Department of Social Services pursuant to Health and Safety Code section 1597.05.
2. The property is located more than three hundred (300) feet from any other large family daycare home and approval will not result in overconcentration.
3. The noise level, including noise generated by the children, is consistent with the noise element of the general plan.
The approval of large family daycare homes pursuant to this section shall be deemed a ministerial action which is exempt from the California Environmental Quality Act. Notice shall be given of the proposed use at least ten (10) days prior to the date of the planning manager’s decision to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family daycare home. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected person. The planning manager’s decision may be appealed to the city council pursuant to the provisions of title 1, chapter 6 of this code.
SECTION 42.
121
The existing Section 11-12-7 Business uses of the Solvang Municipal Code is hereby revised to read as follows:
11-12-7 Business uses.
A. Location Filming. A temporary land use permit for the use of any property, regulated by this title as background for commercial motion pictures or television may be approved by the planning manager upon written application of the owner of the property or authorized representative, if the planning manager finds that the use will not be detrimental to the public safety, health or welfare. The application shall set forth the location of the property, the name of the owner of the property, the name and address of the filming company, the name of a representative of the filming company who will be on the property during the filming and responsible for compliance with any conditions imposed by the planning manager, the dates of the filming, the hours of the filming, the methods of illumination and the plans for parking the motor vehicles and equipment of the filming company. The planning manager shall have the right to impose reasonable conditions upon the said location filming in order to protect and preserve the public safety, health or welfare. The applicant or any property owner, whose property is adversely affected by any decision of the planning manager, may appeal the decision to the city council as set forth in title 1, chapter 6 of this code.
B. Parking Lot Sales. In any C-2 or C-3 District, the operator of an existing retail store, shop or establishment may apply for a temporary land use permit for a parking lot sale. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year exceeds four (4) days, a minor conditional use permit shall be required prior to the issuance of a land use permit. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year does not exceed four (4) days, the application shall be made to the planning manager for a land use permit. The planning manager shall not issue the permit unless a finding is made that the proposed sale will not be detrimental to the public health, safety and welfare and that adequate on-premises pedestrian access and parking will exist during the proposed sale. The planning manager may impose any reasonable conditions in the permit necessary to protect and preserve the public health, safety and welfare.
C. Walk-Up Food Service Windows. No new or expanded walk-up food service window shall be permitted in the TRC Tourist Commercial District of the city.
D. Drive-Through Facilities. No new or expanded drive-through facility shall be permitted in any district of the city. Existing financial institution drive-through facilities may be modified to incorporate an automated teller machine (ATM) into the current operation, provided all other drive-through facilities on the site are eliminated.
E. Formula Restaurants. No new or expanded formula restaurant shall be permitted in the TRC Tourist Commercial District of the city.
SECTION 43.
The existing Section 11-12-9 Temporary tract offices in subdivisions of the Solvang Municipal Code is hereby revised to read as follows:
11-12-9 Temporary tract offices in subdivisions.
The planning manager may approve a land use permit for construction of a temporary tract sales office subject to the following conditions:
A. The office shall be located on one of the recorded lots in the subdivision within which it is located or one of the recorded lots in a subdivision of the same subdivider in the immediate vicinity.
122
B. The office shall not be permanently attached to the ground and shall be of such a size that it is readily removable unless it is within some portion of a model home, other than the garage, or unless the planning commission has approved its conversion to a permanent use.
C. So long as it is used as a sales office, it shall not be used for any purpose other than the sale of lots in the particular subdivision within which it is located or for the sale of lots in a subdivision of the same subdivider in the immediate vicinity.
D. The garage of a model home may be used for the office subject to the deposit with the planning manager of a performance security, in an amount designated by the planning manager guaranteeing the conversion of the tract office to a garage at the expiration of the permit. No occupancy of the model home for dwelling purposes shall be permitted until the office has been removed or a two (2) car covered garage is provided for the dwelling unit.
E. The permit shall expire after either: (1) initial sales have been made of all lots within the tract within which it is located or all lots in a subdivision of the same subdivider in the immediate vicinity; or (2) one (1) year after its issuance, whichever is earlier. The permit may be extended by the planning manager upon application of the subdivider for good cause shown.
F. The applicant shall deposit the sum of one thousand dollars ($1,000.00) to assure removal of an office in a separate building after expiration of the permit or any extension thereof. The applicant shall obtain and furnish to the city written permission from the then landowner and all subsequent landowners for the city and its agents to enter upon the land where said office is located to accomplish removal, if the applicant fails to remove the office within thirty (30) days after expiration of the permit or any extension thereof, or after notification from the planning manager if at any time it is determined that the office is unsightly or has become a public or private nuisance.
SECTION 44.
The existing Section 11-12-10 Use of trailers and recreational vehicles, Subsection G, of the Solvang Municipal Code is hereby revised to read as follows:
G. Temporary Use of Containers. Temporary use of large storage and/or moving containers (e.g., cargo containers, PODs, portable storage trailers, etc.) shall be permitted for up to fourteen (14) days provided notification has been given to the planning division.
SECTION 45.
The existing Section 11-12-11 Mobile homes on foundations in subdivisions of the Solvang Municipal Code is hereby revised to read as follows:
11-12-11 Mobile homes on foundations.
Where permitted in the applicable districts, mobile homes which are certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) and constructed on a permanent foundation system, pursuant to Health and Safety Code section 18551, shall be subject to the following requirements.
A. The mobile home shall have a roof overhang unless waived by the design review committee, or, if part of an application considered by the planning commission, unless waived by the planning commission after recommendation by the design review committee, because the absence of a roof overhang would be 123
appropriate and of good design in relation to other structures on the site and in the immediately affected surrounding area.
B. Roofing and siding shall be nonreflective.
C. Siding shall extend to the ground level.
SECTION 46.
The existing Section 11-12-13 Energy products and facilities, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Solar Panels.
1. Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub, as specified under the primary plumbing code and the solar energy requirements of this code. The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system.
2. When solar panels or solar heating systems are proposed to be located on the roof of an existing building or structure within the Tourist Related Commercial District (TRC), or on the grounds of a parcel within the TRC, a major conditional use permit shall be required. The city council finds that issuance of a nondiscretionary permit for solar panels as required by Government Code section 65850.5(b) would result in the following specific adverse impacts on the public health and safety: the Danish/Northern European character of the TRC, a defining and essential characteristic of the city, vital to its continued desirability as a tourism destination would be dramatically diminished through the unregulated installation of solar panels on buildings or the grounds of buildings with the TRC. The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system.
3. The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system.
SECTION 47.
The existing Section 11-12-16 Lot area regulations, Subsection A.4, of the Solvang Municipal Code is hereby revised to read as follows:
4. In single-family residential subdivisions wherein all proposed dwellings are to be constructed at one time by the developer and a plot plan showing the location and dimensions of each building and the front, side and rear and setback dimensions of each lot has been filed with the planning division, the planning manager may modify the required front yard setback for not to exceed fifty percent (50%) of the lots on each side of the street in each block, subject to all of the following limitations:
a. No garage shall be located closer than ten (10) feet to the street right-of-way line.
b. No part of the dwelling portion of the building shall be located closer than fifteen (15) feet to the street right-of-way line.
124
c. No garage shall be so oriented that there is less than twenty (20) feet of unobstructed driveway space within the property on which to park a car outside of the garage.
d. The average distance of each building from the centerline of the street shall be at least fifty (50) feet. Such average distance shall be determined by multiplying the width of the various segments of the front of the building by the setback distance of such segments from the centerline of the street and dividing the sum of the products by the total width of the building.
SECTION 48.
The existing Section 11-12-16 Lot area requirements, Subsection B.4, of the Solvang Municipal Code is hereby revised to read as follows:
4. Odd Shaped Lots. In the case of odd shaped lots, the planning manager shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable district.
SECTION 49.
The existing Section 11-12-18 Exterior area lighting of the Solvang Municipal Code is hereby revised to read as follows:
11-12-18 Exterior area lighting.
All exterior lighting shall be used to illuminate areas to provide nighttime safety and security while conserving energy, protecting the night sky, minimizing glare and light trespass, and shall not be directed toward any area zoned or developed for residential, mixed use or hotel/motel uses. Architecturally attractive exterior lighting will protect the beauty of Solvang’s natural setting, and enhance its Danish/Northern European architecture and small town character.
A. All exterior lighting fixtures shall be fully shielded (full cutoff), except in the interest of safety. Light fixtures shall be positioned to prevent distribution of light above the horizontal. Pole height and fixtures shall be appropriately scaled for site and use. Closer spacing and/or lower lumen lamps may be required.
1. Exterior lighting shall be architecturally compatible with the character of the city and its neighborhoods and in scale with pedestrians and architecture. Old world lantern style fixtures shall be used in the village area, as approved by the design review committee, except when outside agencies have jurisdiction (e.g., CalTrans).
2. Motion detection sensors and/or timers are recommended to keep lights off when not needed.
3. Year round low lumen lights (strings) illuminating buildings, architectural features, trees and other permanent landscape feature lighting in the city’s village area shall be exempt from the requirements of this subsection.
4. Temporary lights used for holiday decoration shall be exempt from the requirements of this subsection.
B. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.
C. Lighting shall conform to electrical permit requirements. 125
D. The design review committee shall review proposed lighting pursuant to the requirements of this title and the design review committee design guidelines and consistent with the design review committee’s duties and responsibilities in section 2-4-4.
In the absence of clear direction, the planning manager is charged to make a final determination as to what constitutes exterior lighting.
SECTION 50.
The existing Section 11-12-19 Landscape plans of the Solvang Municipal Code is hereby revised to read as follows:
11-12-19 Landscape plans.
Where the provisions of this title require a landscape plan in conjunction with proposed development the following shall apply.
A. The planning manager shall review the landscape plan and may approve, or conditionally approve, said plan.
B. Prior to the issuance of the land use permit for the development, a performance security, in an amount to be determined by the planning manager to guarantee the installation of plantings, walls and fences, in accordance with the approved landscape plan, and adequate maintenance of the planting for a period of two (2) years, shall be filed with the city clerk, if deemed necessary by the planning division.
C. Performance securities for installation will be released by the city clerk at the time of the approval by the planning manager of the installation and the remaining performance security for landscaping maintenance will be released at the end of the two (2) year period by said clerk provided the planting has been adequately maintained.
SECTION 51.
The existing Section 11-12-20 Pipelines, Subsection C.5, of the Solvang Municipal Code is hereby revised to read as follows:
5. A revegetation and site restoration plan shall be prepared by the applicant which includes provisions for restoration of any biologically important habitats which will be disturbed by construction or operational procedures. Said plan shall be subject to approval by the planning manager during project review.
SECTION 52.
The existing Section 11-12-20 Pipelines, Subsection C.6, of the Solvang Municipal Code is hereby revised to read as follows:
6. Any other reasonable information as deemed necessary by the planning manager.
SECTION 53.
The existing Section 11-12-20 Pipelines, Subsection E.2.b, of the Solvang Municipal Code is hereby revised to read as follows:
b. Disturbed areas shall be jointly inspected by the applicant and city staff one (1) year after completion of construction to assess the effectiveness of the revegetation and 126
restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to preconstruction conditions or until no additional monitoring is deemed necessary to the planning manager. Inspection results shall be submitted annually to the planning manager and additional treatment of the site will be applied as deemed necessary by planning division.
SECTION 54.
The existing Section 11-12-23 Residential density bonus, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Requests for Specific Incentives or Concessions. Requests for specific incentives or concessions under California Government Code section 65915 et seq., shall be filed with the planning division on forms prescribed by the city. The city shall consider the request concurrently with the underlying development application.
SECTION 55.
The existing Section 11-12-23 Residential density bonus, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Application Requirements and Review. An application pursuant to this section 11-12- 23 shall be processed concurrently with any other application(s) required for the housing development. Final approval or disapproval of an application (with right of appeal to the city council) shall be made by the planning commission unless direct financial assistance is requested. If direct financial assistance is requested, the planning commission shall make a recommendation to the city council who will have the authority to make the final decision on the application.
An applicant/developer proposing a housing development pursuant to this section 11-12- 23, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the planning manager to discuss and identify potential application issues, including prospective additional incentives. No charge will be required for the preapplication conference. A preliminary application shall include the following information:
1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed.
2. The zoning and general plan designations and assessors’ parcel number(s) of the project site.
3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.
4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to provide the target units.
Within ninety (90) days of receipt of the preliminary application the city shall provide to an applicant/developer, a letter which identifies project issues of concern (the maximum financial assistance that the planning manager can support when making a recommendation to the city council), and the procedures for compliance with this chapter.
The planning manager shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are 127
recommended by the planning manager, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
SECTION 56.
The existing Section 11-12-24 Minor modifications to zoning ordinance regulations of the Solvang Municipal Code is hereby revised to read as follows:
11-12-24 Minor modifications to zoning ordinance regulations.
The planning manager may consider and render decisions on matters of slight modification and minor adjustment of zoning standards as deemed appropriate in connection with the efficient administration of the zoning ordinance, provided the modification/adjustment does not increase or reduce a numerical standard by more than ten percent (10%), complies with all applicable life/safety codes, and will not adversely affect neighboring properties.
SECTION 57.
The existing Section 11-12-25 Reasonable accommodation, Subsection C.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning division, or in the form of a letter, to the planning manager and shall contain the following information:
a. The applicant’s name, address and telephone number;
b. Address of the property for which the request is being made; c. The current actual use of the property;
d. The basis for the claim that the individual is considered disabled under the Acts;
e. The zoning code provision, regulation or policy that is the subject of the applicant’s requested reasonable accommodation, and a description of the specific accommodation requested; and
f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
SECTION 58.
The existing Section 11-12-25 Reasonable accommodation, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Review Authority.
1. Planning Manager. Requests for reasonable accommodation shall be reviewed by the planning manager if no discretionary permit approval is required other than the request for reasonable accommodation.
2. Other Review Authority. The planning manager shall delegate requests for reasonable accommodation submitted for concurrent review with another discretionary permit application to such other review as the case may be.
SECTION 59.
The existing Section 11-12-25 Reasonable accommodation, Subsection E.1, of the Solvang Municipal Code is hereby revised to read as follows:
128
1. Planning Manager Review. The planning manager shall make a written determination within forty-five (45) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F of this chapter. The planning manager shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Santa Barbara County assessment roll, but may include other property owners as determined by the planning manager in his or her discretion. Said notice shall be mailed at least ten (10) days prior to making a determination.
SECTION 60.
The existing Section 11-12-25 Reasonable accommodation, Subsection G.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. A determination by the planning manager to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the planning commission.
SECTION 61.
The existing Section 11-12-26 Agricultural employee housing of the Solvang Municipal Code is hereby revised to read as follows:
11-12-26 Agricultural employee housing.
A. Agricultural employee housing serving six (6) or fewer persons and conforming to the following criteria, shall be subject to a land use clearance under the jurisdiction of the planning manager.
1. Persons having the right to occupy employee housing shall be restricted to individuals engaged in agricultural occupations consistent with the standards and limitations prescribed in the employee housing act and its implementing regulations;
2. The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city; and
3. Off-street parking shall be provided at a ratio of one (1) space for each habitable bedroom, two (2) of which must be covered.
B. Agricultural employee housing serving seven (7) or more persons, or projects which do not otherwise qualify for a zoning clearance, may be allowed by minor conditional use permit under the jurisdiction of the planning manager.
SECTION 62.
The existing Section 11-12-30 Short-term/vacation rental regulations, Subsection B.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Complete a vacation rental certificate request form, which form shall be provided by the planning manager.
SECTION 63.
The existing Section 11-12-30 Short-term/vacation rental regulations, Subsection B.2.h, of the Solvang Municipal Code is hereby revised to read as follows:
129
h. Such other information as the planning manager deems reasonably necessary to administer this chapter.
SECTION 64.
The existing Section 11-12-30 Short-term/vacation rental regulations, Subsection D.8, of the Solvang Municipal Code is hereby revised to read as follows:
8. Special events (i.e., weddings and celebrations) shall be limited to three (3) per calendar year, and are subject to written approval and conditions established by the planning manager.
SECTION 65.
The existing Section 11-12-30 Short-term/vacation rental regulations, Subsection F.2.a, of the Solvang Municipal Code is hereby revised to read as follows:
a. The planning manager shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the planning manager shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the planning manager constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the city manager. The penalties for violations specified in this subsection (F)(2) shall be as follows:
i. For the first violation within any twelve (12) month period, the penalty shall be a fine not to exceed one thousand dollars ($1,000.00), and/or suspension of the permit for a period not to exceed three (3) months.
ii. For a second violation within any twelve (12) month period, the penalty shall be a fine not to exceed three thousand dollars ($3,000.00), and/or suspension of the permit for a period not to exceed six (6) months.
iii. For a third violation within any twelve (12) month period, the penalty shall be a fine not to exceed five thousand dollars ($5,000.00), and/or suspension of the permit for a period not to exceed one (1) year.
SECTION 66.
The existing Section 11-13-5 Prohibited signs, Subsection W, of the Solvang Municipal Code is hereby revised to read as follows:
W. Window Signs. Signs in the window, adhered to the glass, except for open, closed and hours, help wanted and temporary window signs approved by the planning manager pursuant to section 11-13-11 of this chapter. Except decorative window painting and lettering pursuant to subsection 11-13-10(E) of this chapter.
SECTION 67.
130
The existing Section 11-13-6 Plans for shopping, office and industrial complexes, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. All signs shall be in substantial compliance as determined by the planning manager with the approved overall sign plan for the particular center SECTION 68.
The existing Section 11-13-11 Standards for temporary signs, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Temporary Signs Requiring a Sign Permit. The following signage requires a land use clearance from the planning division to ensure size and time restrictions, as noted. Sale and noncivic event sign permits may be issued annually.
Type Time Limit
TRC Zone District (Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall be erected for no more than 30 days prior to the scheduled opening of the business and shall be removed no later than 30 days after the opening of the business.
60 days.
Sale or Other Temporary Window Signs. A temporary window sign such as a “Sale” sign not exceeding 6 sq. ft., or 50% of the window area of each façade, whichever is greater, is permitted.
Professional design of the sign is encouraged. The decision of the planning manager may be appealed to the design review
committee. The planning division shall be notified at least 24 hours in advance of each display date.
7 consecutive days
and not more than
28 total days per
year.
Noncivic Event Sign. 1 temporary noncivic event sign announcing a special event may be permitted. The decision of the planning manager may be appealed to the design review committee. The planning division shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply. 3 consecutive days
per event and not
more than 36 total
days per year.
A. Businesses with up to 50 linear feet of dominant building frontage shall be allowed a sign of 6 sq. ft.,
B. Businesses with between 50 to 100 linear feet of dominant building frontage shall be allowed a sign of 12 sq. ft., and C. Businesses with over 100 linear feet of dominant building frontage shall be allowed a sign of 18 sq. ft.
Commercial Zone Districts (Outside Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall 60 days.
131
Type Time Limit
be erected for no more than 30 days prior to the scheduled opening of the business and shall be removed no later than 30 days after the opening of the business.
Sale or Other Temporary Window Signs. A temporary window sign not exceeding 4 sq. ft., or 25% of the window area of each façade, whichever is greater, is permitted. The planning division shall be notified at least 24 hours in advance of each display date. 30 consecutive
days and not more
than 60 total days
per year.
Noncivic Event Sign. 1 temporary noncivic event sign announcing a special event may be permitted. The decision of the planning manager may be appealed to the design review committee. The planning division shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply. 3 consecutive days
per event and not
more than 36 total
days per year.
A. Businesses with up to 50 linear feet of dominant building frontage shall be allowed a sign of 6 sq. ft.,
B. Businesses with between 50 to 100 linear feet of dominant building frontage shall be allowed a sign of 12 sq. ft., and C. Businesses with over 100 linear feet of dominant building frontage shall be allowed a sign of 18 sq. ft.
SECTION 69.
The existing Section 11-13-12 Sign Permits—Application and processing procedures, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Application and Fee.
1. Any person desiring to construct, maintain or display a sign for which a land use clearance is required shall submit an application, the necessary submittal fee and submittal requirements to the planning division. An application form and a list of submittal requirements shall be provided by the planning division. The fee shall be set by resolution of the city council.
2. Except for the signs stated in section 11-13-4 of this chapter, on any parcel of land within the city, no sign shall be erected, applied, installed, affixed, altered, relocated or projected as an image and no copy shall be changed, except on approved changeable copy signs, without a land use clearance first issued by planning manager.
3. Certain signs requiring a land use clearance may be approved by the planning manager without any further discretionary review by the design review committee.
Any such signs that may be approved by the planning manager shall be determined by the design review committee in their guidelines as approved by the city council and as stated in section 11-13-11 of this chapter. The planning manager may refer any such signs to the design review committee.
SECTION 70.
The existing Section 11-13-12 Sign Permits—Application and processing procedures, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
132
B. Processing Applications.
1. The planning division staff shall review the application and materials and determine completeness within five (5) working days from the date of filing. For signs allowed to be approved by the planning manager, action to approve, conditionally approve or deny the application shall be within ten (10) working days from the acceptance date of the application.
2. No sign application will be accepted if any of the following provisions apply:
a. The sign has been installed in violation of the provisions of this chapter and the application does not include an affidavit signed by the property owner providing that the signs will be brought into conformance regardless of the consequences of the submitted application.
b. The sign permit application is substantially the same as an application previously denied by the planning manager, or the design review committee, or on appeal by the city council, unless:
i. Twelve (12) months have elapsed from the date of the decision on the application, or
ii. New evidence of proof of changed conditions is furnished in the new application.
SECTION 71.
The existing Section 11-13-12 Sign Permits—Application and processing procedures, Subsection F, of the Solvang Municipal Code is hereby revised to read as follows:
F. Appeals. The applicant or any interested person may appeal decisions concerning sign applications as follows:
1. Appeals to the Design Review Committee. Any action regarding signs by the planning manager may be appealed by the applicant or any interested party to the design review committee. Said appeal shall be in writing, shall state the reasons for the appeal and shall be filed with the planning division within ten (10) calendar days of the decision. A hearing shall be held by the design review committee within thirty (30) days of the date of the filing of the appeal.
2. Appeals to the City Council. Any action of the design review committee may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code.
3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later than ninety (90) days after notice of a city council decision.
SECTION 72.
The existing Section 11-13-12 Sign Permits—Application and processing procedures, Subsection G, of the Solvang Municipal Code is hereby revised to read as follows:
G. Expiration. An application which has been approved by for which no land use clearance has been issued, shall expire after six (6) months from the date of approval. A six (6) month extension may be granted by the planning manager if the application is in substantial compliance with the approved application.
SECTION 73.
133
The existing Section 11-13-13 Modifications, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Applications. Applications for modifications shall be made to the planning division on forms provided thereof. A list of necessary application materials shall be provided by the planning division. All applications shall contain the information as required by the planning manager. Applications shall be signed by the owner of the property on which the sign is to be placed or by the tenant of said property with a statement of consent to the approved modification signed by the owner of the property.
SECTION 74.
The existing Section 11-13-13 Modifications, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Appeals. Any decision of the design review committee on a modification may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code.
SECTION 75.
The existing Section 11-13-14 Exceptions to sign standards, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Applications. Applications for exceptions shall be made to the planning division on forms provided thereof. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to design review committee and shall include the reasons for the request. All applications shall contain the information as required by the planning manager.
SECTION 76.
The existing Section 11-13-14 Exceptions to sign standards, Subsection G, of the Solvang Municipal Code is hereby revised to read as follows:
G. Appeals. Any decision of the design review committee on an exception may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code.
SECTION 77.
The existing Section 11-13-15 Nonconforming signs, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
1. Any sign installed after the effective date of: (a) the ordinance adopting this chapter; or (b) an ordinance amending this chapter which does not comply or does not have the required land use clearance or building permit, is an illegal sign. Such signs shall be removed or made to conform within ten (10) days of written notice from the planning division.
2. Any sign erected on or before the effective date hereof which does not have a valid land use clearance or building permit on file with the city or the county of Santa Barbara building department, is an illegally erected sign. Such signs shall be removed or made to conform to the provisions of this chapter within one (1) year of the date of written notice 134
from the planning division or immediately upon change of use, owner or lessee of the premises.
3. A sign which does not conform to the provisions of this chapter, but which was legally erected and was maintained on or before June 12, 1980, and which did not conform to the regulations in effect at that time, shall be removed or made to conform within one (1) year after written notice from the planning division, or immediately upon change of use, owner or lessee of the premises.
4. Exceptions to the provisions of this section shall be granted by the design review committee upon the application of any owner of an on site sign who presents substantial evidence showing the following:
a. There are exceptional circumstances applicable to the property on which the nonconforming sign is located, including size, shape, topography, location or surroundings, which make it practically impossible to effectively identify the property to the public if strict application of all the provisions of this chapter is required; or b. The sign possesses unique features which make it a significant part of the historical heritage of the area in which it is located.
5. Denial of a request for an exception may be appealed pursuant to the provisions of title 1, chapter 6 of this code.
6. A relocated sign shall be considered a new sign.
SECTION 78.
The existing Section 11-13-16 Noncurrent, abandoned or unsafe signs, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Noncurrent and Unsafe Signs.
1. Noncurrent. Any sign, including its supporting structure, which no longer identifies the current occupant or which otherwise fails to serve its original purpose after a lapse of three (3) months shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon ten (10) days’ written notice by the planning division.
2. Unsafe. Any sign that, in the opinion of the city building official, is unsafe or insecure, shall be deemed a public nuisance and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, within ten (10) days’ written notice by the city building official or planning division.
3. Failure to Abate. In the event the property owner has not begun removal of the sign and its supporting structure within the time limits set forth in subsections (A)(1) and (A)(2) of this section the planning manager shall cause to be filed for recordation with the county recorder, a notice of intention to record a notice of order to abate describing the real property, naming the property owner thereof, describing the violation and giving notice of a city council hearing. The building official shall give written notice by personal delivery or mail to the property owner that the city intends to carry out the removal of the sign and supporting structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the sign is removed, repaired or reconstructed so as to eliminate the condition that is in violation of this chapter. The building official shall also advise the property owner that he or she has a right to a scheduled hearing before the city council for the purpose of final determination that the sign is 135
“noncurrent” or “unsafe” as defined under this section. Said hearing shall begin no later than thirty (30) days after the date of personal delivery or mailing of the notice and may be continued by the city council.
SECTION 79.
The existing Section 11-13-16 Noncurrent, abandoned or unsafe signs, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Findings. Upon completion of the hearing, the city council shall find as to the fact that the sign is a noncurrent or unsafe sign and upon such fact being found shall determine that the sign shall be removed, repaired or reconstructed by the property owner within a prescribed time or the city shall cause the sign and supporting structure to be removed.
Said determination shall be made based upon the evidence presented and a report from the planning manager regarding the existing condition of the sign, the estimated costs of repair, reconstruction and/or removal. If the city council makes such determination, written findings and an order shall be approved. After said hearing, the city clerk shall cause to be filed for record a notice of order to abate with the county recorder and shall give all parties who have a recorded interest in the property notice of such recordation by mail.
SECTION 80.
The existing Section 11-13-17 Enforcement and penalties, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Planning Manager to Enforce. It shall be the duty of the planning manager to enforce this chapter with respect to all signs existing on the effective date of this chapter, and to all signs constructed, maintained, displayed or altered after the effective date of this chapter, and for any signs installed contrary to the approved plans or to any conditions imposed by the design review committee.
1. Every sign erected in the city shall be subject to inspection by the planning manager to ensure compliance with all provisions of this chapter or city building official to ensure compliance with all applicable building codes.
2. The planning manager shall conduct an inventory of all signs in the city for the purpose of identifying signs that are illegal or unlawfully installed and signs that are noncurrent, abandoned or unsafe.
3. The planning manager shall have the right to enter upon any premises upon which any sign has been erected to enforce compliance with the provisions of this chapter and to cause the removal of any sign maintained in violation of this chapter.
SECTION 81.
Section 11-13-19 Definitions of the Solvang Municipal Code is hereby revised to delete the following definitions; all other text and terms in existing Section 11-13-19 remain the same:
CIVIC EVENT SIGN. A sign, other than a commercial sign, posted to advertise a noncommercial, not for profit organization or event that directly benefits the community and/or city of Solvang, as determined by the planning director (see section 11-13-4(A) of this chapter).
PLANNING DIRECTOR. The planning and economic development director or designee. 136
PRIMARY FOOD/BEVERAGE BUSINESS. The primary business is such that at least fiftyone percent (51%) of the establishment’s square footage is dedicated to the serving of a food or beverage, such as. winetasting rooms, coffee shops, restaurants, and other uses as is found to be of similar character as determined by the planning director.
SECTION 82.
Section 11-13-19 Definitions of the Solvang Municipal Code is hereby revised to insert in alphabetical order the following definitions; all other text and terms in existing Section 11-13-19 remain the same:
CIVIC EVENT SIGN. A sign, other than a commercial sign, posted to advertise a noncommercial, not for profit organization or event that directly benefits the community and/or city of Solvang, as determined by the planning manager (see section 11-13-4(A) of this chapter).
PLANNING MANAGER. The planning manager as defined in Section 2-1-3 of this code.
PRIMARY FOOD/BEVERAGE BUSINESS. The primary business is such that at least fiftyone percent (51%) of the establishment’s square footage is dedicated to the serving of a food or beverage, such as. winetasting rooms, coffee shops, restaurants, and other uses as is found to be of similar character as determined by the planning manager.
SECTION 83.
The existing Section 11-15-2 Nonconforming use of land, buildings and structures, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Damage. Where structures involved in a nonconforming use are collectively damaged by fire, flood, earthquake or other natural disaster to an extent of seventy-five percent (75%) or more of replacement cost at the time of damage, as determined by the planning manager, the nonconforming use shall be discontinued and the damaged structure thereafter used in accordance with regulations of the district in which it is located unless the planning commission finds that the adverse impact upon the neighborhood would be less than the hardship which would be suffered by the owner of the structure should restoration of the nonconforming use be denied. Where damage is to an extent of less than seventyfive percent (75%), such structures may be restored to the same or lesser size and in the same location; provided, however, that restoration shall commence within twelve (12) months of the time of damage and be diligently carried to completion, and the nonconforming use may be resumed and continued as before, or on a lesser scale, but shall not be enlarged or intensified.
SECTION 84.
The existing Section 11-16-1 Land use permits, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Purpose and Intent. This section establishes procedures and findings for the issuance of land use permits which are required for all uses and developments permitted under the regulations of this title. A land use permit is the final permit required by the planning division. The intent of this section is to ensure that development proposals conform to the provisions of this title, the general plan and any conditions set by the city. 137
SECTION 85.
The existing Section 11-16-1 Land use permits, Subsection B.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, change of use or rebuilding of any building, structure or improvement within the city wherein permits are required under the provisions of this title, a land use issued by the planning manager unless other regulations of this title specifically indicate such permit is not required or the activity is included in one (1) of the following exemptions:
a. Repair and maintenance activities that do not result in addition to, or enlargement or expansion of, the object of such repair or maintenance activities. b. Fences and walls of six (6) feet or less and gateposts of eight (8) feet or less in height.
c. Installation of irrigation lines.
d. Public works facilities constructed by the city.
e. Buildings or structures having an aggregate value of less than five hundred dollars ($500.00).
f. Underground gas pipelines less than twelve (12) inches in diameter, and similar installations erected, installed or maintained by public agencies or public service or utility districts or companies.
g. Exemptions. One-story detached accessory buildings used as tool and storage sheds, playhouses, doghouses, gazebos, pergolas and similar structures, provided that such buildings do not exceed twelve (12) feet in height, and the building does not exceed one hundred twenty (120) square feet in area and do not include plumbing or electrical facilities. All structures, which are determined to be exempt from a land use permit, are required to conform to the setbacks of the applicable zone district.
SECTION 86.
The existing Section 11-16-1 Land use permits, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Contents of Application
1. As many copies of a land use permit application as may be required shall be submitted to the planning manager. Said application shall include the following:
a. A site plan which shall indicate clearly and with full dimensions the following information, if applicable:
i. North arrow and scale of drawing.
ii. Site address.
iii. Lot dimensions and boundaries.
iv. All proposed and existing buildings and structures and their locations, size, height and use.
v. Distance from proposed structures to property lines, centerline of the street or alley and existing structures.
vi. Walls and fences: location, height and materials.
vii. Names and widths of streets (right-of-way) abutting the site. 138
viii. Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern. ix. Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress.
x. Signs: location, size, height and method of illumination. xi. Loading spaces: location dimensions and number of spaces. xii. Lighting: general nature, locations and hooding devices. xii. Proposed street dedications and improvements.
xiii. All applicable easements.
xv. Landscaping, if required.
xvi. Method of sewage disposal. Show position of septic tanks and leach lines, if applicable.
xvii. For commercial and industrial projects indicate where applicable:
(A) Number of motel or hotel units.
(B) Seating capacity or square footage devoted to patrons. (C) Total number of employees.
b. Source of water supply.
c. Any other information that the planning manager may require.
SECTION 87.
The existing Section 11-16-1 Land use permits, Subsection D.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. For a development requiring a public hearing and final action by the planning commission or planning manager, the planning manager shall not issue a land use permit until after expiration of the ten (10) day appeal period provided under title 1, chapter 6 of this code.
SECTION 88.
The existing Section 11-16-1 Land use permits, Subsection F.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Prior to the expiration of such one (1) year period, the planning manager may grant one (1) extension of one (1) year for good cause shown.
SECTION 89.
The existing Section 11-16-2 Conditional use permits, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Jurisdiction.
1. The planning manager shall have jurisdiction of all minor conditional use permits and extensions of time thereof and shall hold any necessary public hearings therefor; except as otherwise provided for in subsection (E)(3) of this section, the planning commission shall have jurisdiction of all major conditional use permits and extensions of time thereof.
2. In the event an application is under the jurisdiction of both the planning commission and the planning manager, the planning commission shall have sole jurisdiction.
139
SECTION 90.
The existing Section 11-16-2 Conditional use permits, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Minor Conditional Use Permits. The following uses may be permitted in any zone district in which they are not otherwise permitted with a minor conditional use permit, provided the planning manager can make the findings set forth in subsection H of this section:
1. Buildings, structures and uses of a public works nature, except airports.
2. Fences and walls over six (6) feet in height.
3. Sale of agricultural products grown on the premises, subject to the additional requirements set forth in subsection (K)(5) of this section.
4. Special care homes, subject to the provisions of subsection K of this section.
5. Antennas for amateur radio operation and dish antennas unless completely screened from public view. Such determination of public view shall be made by the planning manager.
6. Uses, buildings and structures accessory and customarily incidental to the https://www.msn.com/en-us/feedabove uses.
SECTION 91.
The existing Section 11-16-2 Conditional use permits, Subsection E.3, of the Solvang Municipal Code is hereby revised to read as follows:
3. The following uses may be permitted in any zone district in which they are not otherwise permitted, with a major conditional use permit. However, for the uses set forth in this subsection only, the planning manager shall have authority to issue the major conditional use permit, provided the planning manager can make the applicable findings set forth in subsection H of this section. Such uses must obtain architectural approval from the design review committee if other uses in the same zone would be required to obtain such approval. Notwithstanding anything to the contrary in this section, a public hearing on the application for a major conditional use permit shall not be required for uses authorized in this subsection. However, in conformity with section 11-17-4 of this title, a notice shall be given at least ten (10) days prior to the date of the planning manager’s consideration of the application for a major conditional use permit. The planning manager may approve, conditionally approve, or deny the application:
Church.
SECTION 92.
The existing Section 11-16-2 Conditional use permits, Subsection F.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. As many copies of a conditional use permit application as may be required shall be submitted to the planning division. Said application shall contain all or as much of the submittal requirements for a development plan as are applicable to the request.
SECTION 93.
The existing Section 11-16-2 Conditional use permits, Subsection G, of the Solvang Municipal Code is hereby revised to read as follows:
140
G. Processing.
1. Upon receipt of the required copies of the conditional use permit application, the planning division shall process the application through environmental review.
2. After a determination has been made, the conditional use permit application shall be referred to the development review committee for review and recommendation to the planning commission or planning manager.
3. The planning commission, planning manager shall then consider the requested conditional use permit at a noticed public hearing and either approve, conditionally approve or deny the request. Notice of the time and place of said hearing shall be given in accordance with section 11-17-4 of this title.
4. The action of the planning commission or planning manager shall be final subject to appeal to the city council as provided under title 1, chapter 6 of this code.
5. Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.
6. Any amendments to a conditional use permit shall be processed in the same manner as specified for approval of the original conditional use permit.
SECTION 94.
The existing Section 11-16-2 Conditional use permits, Subsection I, of the Solvang Municipal Code is hereby revised to read as follows:
I. Time Limit.
1. At the time the planning commission or planning manager approves a conditional use permit, a time limit may be established within which construction must commence or the use must begin. The time limit shall be a reasonable time based on the size and nature of the proposed development or use. If no date is specified, the time limit shall be one (1) year from the date of approval. Said time may be extended by the planning manager for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning manager prior to the expiration date.
2. A conditional use permit shall become null and void and be automatically revoked if the use permitted under the conditional use permit is discontinued for a period of more than one (1) year. Said time may be extended by the planning commission or planning manager one (1) time for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning manager prior to the expiration date.
SECTION 95.
The existing Section 11-16-2 Conditional use permits, Subsection J, of the Solvang Municipal Code is hereby revised to read as follows:
J. Revocation. If any of the conditions of the conditional use permit are not complied with, the planning commission or planning manager, after written notice to the permittee and a noticed public hearing, may revoke the conditional use permit.
SECTION 96.
141
The existing Section 11-16-2 Conditional use permits, Subsection K.2.a, of the Solvang Municipal Code is hereby revised to read as follows:
a. The public hearing before the planning commission on an application for a building or facility covered by this section shall not be scheduled until the planning division has referred the application to the Santa Barbara subarea advisory council of the health systems agency, Ventura-Santa Barbara or to its successor or successors.
SECTION 97.
The existing Section 11-16-3 Variances, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Jurisdiction.
1. Upon making the findings required under this section, the planning manager may approve or conditionally approve variances to the regulations contained in this title (and shall hold any required public hearings thereon) up to the following respective percentages of the applicable required feet, parking spaces, square footage or in the case of building height, permitted feet:
Minimum lot or building site area or
width
up to 10%
Front, rear, side yard setback up to 50%
Building height up to 10%
Parking up to 20%
Landscaping up to 10%
Distance between buildings up to 50%
2. Jurisdiction of the Planning Commission. Upon making the findings required under this section, the planning commission may approve or conditionally approve variances to any regulations on land, buildings, and structures, except for the regulations within the jurisdiction of the planning manager as set forth in subsection (C)(1) of this section.
3. In the event an application is under the jurisdiction of both the planning commission and the planning manager, the planning commission shall have sole jurisdiction.
SECTION 98.
The existing Section 11-16-3 Variances, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Application. As many copies of the variance application as may be required shall be submitted to the planning manager. Said application shall contain full and complete information as required pertaining to the request.
SECTION 99.
The existing Section 11-16-3 Variances, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
142
E. Processing.
1. An application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any adopted general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application the planning manager finds to be inconsistent with the adopted or pending general plan.
2. The planning commission or planning manager shall hold at least one (1) noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in section 11-17-4 of this title except the publishing of said notice in a newspaper of general circulation shall not be required.
3. The planning commission or planning manager, in granting said variance may require such conditions as deemed necessary to assure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
4. The planning commission’s or planning manager’s action is final, subject to appeal to the city council as provided in title 1, chapter 6 of this code.
SECTION 100.
The existing Section 11-16-4 Development plans, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Applicability. No permit shall be issued for any development, including grading, for any property located in a zone district in which a development plan is required until a development plan has been approved as provided below in this section with the exception that as provided in section 11-7A-1(B)(1) the planning manager may waive the requirements of this section if the project involves only a minor alteration, addition or replacement to an existing structure, and/or the additional enlargement of the outdoor patio or seating area of a restaurant, bar, cocktail lounge or wine tasting establishment, and where there is a previously approved development plan on file with the city and the project is in substantial conformance with such development plan.
SECTION 101.
The existing Section 11-16-4 Development plans, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Contents of a Development Plan. As many copies of a development plan as may be required shall be submitted unless otherwise specifically waived by the planning manager, the information submitted as part of the development plan shall include the following:
1. A plot plan of the proposed development drawn to scale showing. a. Gross acreage and boundaries of the property;
b. Location of areas of geologic, seismic, flood and other hazards; c. Location of areas of all existing and proposed structures, their use and square footage of each structure;
d. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and significant existing vegetation; e. All interior circulation patterns including existing and proposed streets, walkways, bikeways and connector roads and other major highways; f. Location of all utilities easements;
143
g. Location and use of all buildings and structures within fifty (50) feet of the boundaries of the property;
h. Location and amount of land devoted to public purposes, open space, landscaping and recreation;
i. Location and number of parking spaces; and
j. All easements.
2. Contour map showing topography including existing natural contours and proposed grading lines.
3. Proposed drainage system.
4. Preliminary floor plans.
5. Preliminary building elevations.
6. Preliminary landscaping plans.
7. Statistical information including the following:
a. Number and type of dwelling units in each building, i.e., single-family dwelling, condominium, apartment, etc., and number of bedrooms in each unit. b. Square footage and percentage of total net land area of the property devoted to landscaping and open space.
c. Total number of parking spaces and parking ratio parking spaces per building square foot, number of employees or dwelling units, whichever is applicable.
d. Total square footage of gross floor area of all stories and percent of total net land area of the site covered by buildings.
e. Estimated number of potential residents in each residential category. f. Number of employees and number of proposed new employees, if applicable.
g. Average slopes, if parcel contains slopes of thirty percent (30%) or more.
8. A statement and design showing how the proposed development conforms to the architectural theme in the area, including the following architectural detail:
a. Description of plans showing overall building shapes, as well as parts of any structure, building, walls, screens, towers or signs in existing or permitted structures in the areas;
b. Provisions for harmonious relationship with existing and proposed adjoining developments and conformance with the design motif and theme of the area; c. Provisions for harmony of materials, colors and composition of all sides of a structure or building;
d. Provisions for consistency and unity of composition and treatment of exterior elevations;
e. Provisions for the materials on the exterior face of the building or structure (wood, concrete, brick, stone);
f. Provisions for adequate landscaping in proportion to the project and the site, with due regard to preservation of specimen, landmark or other healthy trees; selection of a size and type of planting which will be appropriate to the project and will grow on the site; and provisions for maintenance of all plantings; g. Provisions for site layout, orientation and location of structures, buildings and signs in appropriate and well designed relationship to one another with consideration given to open spaces, topography, definition of pedestrian and vehicular areas and exterior building lighting;
h. Provisions for open space suitably landscaped;
144
i. Provisions of design of signs and lighting and other advertising media to harmonize and be subordinate to the building it serves; j. Provisions for mechanical and electrical equipment and trash storage should be concealed and integrated in the total design concept; k. Provisions for parking and loading areas to be attractively landscaped and otherwise screened, and landscaping between property lines and parking areas; l. Provisions for storage areas to be defined as to height limits and architectural screening where exterior of structure;
m. Provisions for the location, color and screening of roof features shall be integrated into the overall design; and
n. Provisions for landscaping to soften large expanses of paved areas.
9. A statement of intent with respect to the establishment of utilities, services and facilities including water, sewage disposal, fire protection, police protection, schools and transportation, i.e., access, proximity to public transit or provision of bike lanes, etc.
10. Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion and to prevent danger to life and property.
11. If development is to occur in stages, the sequence and timing of construction of the various phases.
12. Proposed public access to recreational areas, trails or streets to be dedicated to the city.
13. Any other data requested by the planning manager.
SECTION 102.
The existing Section 11-16-4 Development plans, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Processing of a Development Plan.
1. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any applicable general plan must be accompanied by an application to make the project consistent. The planning manager may refuse to accept for processing any application that is inconsistent with the general plan.
2. Upon receipt of the development plan, the planning manager shall process the plan through environmental review. The plan may be concurrently referred to the development review committee and design review committee for review. However, action on the project cannot be taken until the environmental review process is completed.
3. After a determination and/or preparation of the final environmental document, the planning manager shall refer the development plan to the design review committee and then to the development review committee for review and recommendation to the planning commission.
4. The planning commission shall hold at least one (1) noticed public hearing then certify the environmental impact report or approve the negative declaration. The planning commission shall then consider the development plan and approve, conditionally approve or deny the plan. The planning commission’s action shall be final, subject to appeal to the city council.
145
5. If the development plan is in conjunction with a rezone application, the planning commission may make a determination on the development plan subject to city council action on the rezoning. The planning commission shall at the same time make a recommendation to the city council on the rezone.
6. A revised development plan shall be processed in the same manner as the original plan. When approved by the planning commission, such revised plan automatically supersedes any previously approved plan.
SECTION 103.
The existing Section 11-16-4 Development plans, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Plans for Land Use Permit Issued by the Planning Manager. As many copies of the development plan as may be required shall be submitted to the planning manager. The information submitted shall consist of the following:
1. All information and maps required under subsection C of this section.
2. Dimensioned building elevations, including overall building height.
3. Floor plans of each floor of each building indicating total gross and net floor area of each building.
4. Detailed landscaping and irrigation plan indicating existing and proposed trees, shrubs and ground cover, and delineating species, size and placement.
5. Proposed homeowners’ association (if applicable), indicating CC&Rs, deeds and restrictions and methods of open space maintenance.
6. The proposed method of fulfilling all conditions of approval required on the development plan approval, including any improvement security as required by title 1, chapter 7 of this code.
7. Any other data requested by the planning manager.
SECTION 104.
The existing Section 11-16-4 Development plans, Subsection F.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. The planning manager shall issue a land use permit for a development plan only if the following findings are made:
a. Such plan is in substantial conformance with the approved development plan. b. Such plan is in conformance with all applicable provisions and policies of the general plan, with law and this title.
SECTION 105.
The existing Section 11-16-5 Specific plans, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Contents of Specific Plans.
1. As many copies of a specific plan as may be required shall be submitted to the planning manager.
2. Unless specifically otherwise authorized in writing by the planning manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
146
a. Acreage and approximate boundaries of the property;
b. Contour maps showing topography and areas proposed for major regrading; c. Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;
d. Location of areas of geologic, seismic, flood and other hazards; e. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and areas with significant existing vegetation; f. Location of all proposed structures including, but not limited to, residential (distinguishing between the various types of residential structures, i.e., single-family dwelling, duplex, apartment, condominium, etc.), industrial and recreational structures, description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit;
g. Location and amount of open space for use by prospective residents and the public;
h. Location and description of proposed recreational facilities; i. Location of parking areas;
j. A statement of intent with respect to establishment of utilities, services and facilities, including water, sewage disposal, fire protection, police protection and schools;
k. If development is to occur in stages, a general indication of the sequence and time of construction of the various phases;
l. Text of the specific plan requirements applicable to the area involved; m. Any other supplementary data requested by the planning manager.
SECTION 106.
The existing Section 11-16-5 Specific plans, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Processing.
1. After receipt of the specific plan, the planning manager shall process the plan through environmental review. The plan may be concurrently processed to the development review committee, design review committee and planning commission for a preliminary review and input on the project.
2. After a determination and/or preparation of the final environmental document, the planning manager shall refer the specific plan to the development review committee and design review committee for review and recommendation to the planning commission.
3. The planning commission shall hold at least one (1) noticed public hearing to consider the specific plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-4 of this chapter. Any hearing may be continued from time to time.
4. If the planning commission recommends approval, with or without modifications, the matter shall be referred back to the planning division and city attorney for the preparation of an ordinance adopting the specific plan. The planning commission’s recommendation on the specific plan shall be transmitted to the city council accompanied by a statement of the planning commission’s reasons for such recommendation.
147
5. The city council shall hold at least one (1) noticed public hearing before adopting the proposed specific plan. The notice of time and place of said hearing shall be given in the same time and manner as provided for the giving of notice of the hearing by the planning commission. Any hearing may be continued from time to time.
6. The city council shall not make any change or addition to any proposed specific plan thereto recommended by the planning commission until the proposed change or addition as been referred to the planning commission for a report and a copy of the report has been filed with the city council. Failure of the planning commission to report within forty (40) days after the reference or such longer period as may be designated by the city council shall be deemed to be a recommendation for approval of the proposed change or additions. It shall not be necessary for the planning commission to hold a public hearing on the proposed change or addition.
7. The adoption of the specific plan shall be by ordinance.
8. After adoption of a specific plan, no permits shall be issued for construction, erection or moving in of any building, nor for grading, nor for any use of land which requires a land use permit until a development plan as required under the applicable zoning district has been approved.
9. Subsequent amendments to the specific plan shall be processed in the same manner as specified for adoption of an original specific plan.
SECTION 107.
The existing Section 11-16-6 Prior permit compliance on application, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Applicability.
1. All application forms that are required by and processed through the planning division for applications listed in subsection A of this section shall include a section to be filled in by the applicant that requires the applicant to state whether the applicant uses any of the permits listed in subsection A of this section from the city.
If the answer is yes, then the applicant shall provide the following information about all such permits:
a. The date of the permit.
b. The type of permit.
c. The permit number.
d. Whether the permit is currently valid.
e. Whether the applicant is in full compliance with the permit, if it is still valid and in effect.
2. The planning division shall review the information provided by the applicant pursuant to subsection (B)(1) of this section and any other information deemed necessary by the planning division to verify the information provided by the applicant.
3. After the review and verification by the planning division, if the applicant is found to not be in full compliance with all conditions for such permits previously issued by the planning division, the planning division shall so notify the applicant in writing within thirty (30) days of the submission of the application. The application shall be deemed to be incomplete until the applicant is in full compliance with all 148
conditions of all such permits and no further processing of the new application shall occur until the planning division has adequate proof of full compliance.
4. For purposes of this section, applicant shall also include any entity in which any individual who is involved in the project which is the subject of the new permit applicant owns or holds an interest which is fifty percent (50%) or greater in a project which has previously been issued a permit listed in subsection A of this section.
SECTION 108.
The existing Section 11-16-6 Prior permit compliance on application, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Appeal.
1. Once an applicant has been notified in writing that the application is incomplete pursuant to subsection B of this section, then the applicant shall have the right to appeal the determination of the planning division by requesting a hearing conducted by the city manager.
2. The appeal filed pursuant to subsection (C)(1) of this section shall be filed with the city manager within thirty (30) days of the date that the planning division’s notice to the applicant is dated, or mailed, whichever date is later.
3. The appeal shall include any and all information and documentation that the applicant will submit to the city manager in support of applicant’s claim that the planning division’s determination is incorrect. Applicant shall submit a copy of the appeal to the planning division at the same time as filing with the city manager.
4. Within ten (10) days of the filing of the appeal by the applicant, the planning division shall submit any and all information and documentation to the city manager and applicant which the planning division relied on in support of the determination made pursuant to subsection (B)(3) of this section.
5. The city manager shall notify the applicant and the planning division of a date for a hearing of the appeal within thirty (30) days of the date the appeal is filed. The hearing date shall not be more than sixty (60) days from the date the appeal was filed.
6. The hearing shall be held at a place and a time designated by the city manager, the hearing may only be continued at the request of the applicant. The applicant and the planning division shall submit their respective evidence and documentation at the hearing.
7. The city manager shall issue a decision on the appeal in writing within ten (10) days after the hearing and such decision shall be final.
SECTION 109.
The existing Section 11-17-2 Fees of the Solvang Municipal Code is hereby revised to read as follows:
11-17-2 Fees.
The city council shall establish by resolution a schedule of fees for processing the various applications required by this title. All required fees shall be paid at the time of filing the application with the planning manager and no processing shall commence until the fee is paid.
SECTION 110.
149
The existing Section 11-17-3 Ordinance text amendments/rezones, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Zoning Ordinance Text Amendments.
1. Initiation. Proposals to amend the text of this title may be initiated by:
a. Resolution of the city council.
b. Resolution of the planning commission.
c. Any interested person may request such initiation in writing.
2. Processing.
a. As many copies of an ordinance amendment application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission. b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the adopted general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application through environmental review.
d. After a determination and/or preparation of the final environmental document, the planning commission shall hold at least one (1) noticed public hearing on the certification of the environmental impact report or approval of the negative declaration and the proposed amendment.
e. Notice of the time and place of said hearing including a general explanation of the matter to be considered and a general description of the area affected shall be given at least ten (10) calendar days before the hearing in the following manner.
i. Notice shall be published in a newspaper.
ii. Notice shall be mailed to the applicant.
iii. Notice shall be mailed to any person who has filed a written request therefor and has supplied the city with self-addressed, stamped envelopes.
3. Action.
a. The planning commission’s action on the environmental documents and recommendation on the rezoning shall be transmitted to the city council. Such recommendation shall include the reasons for the recommendation. b. Upon receipt of the recommendation of the planning commission, the city council shall hold at least one (1) public hearing. Notice of the time and place of said hearing shall be given in the manner as prescribed above in subsection (C)(2)(e) of this section.
c. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.
150
SECTION 111.
The existing Section 11-17-3 Ordinance text amendments/rezones, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Rezones (Zoning Map Amendments).
1. Initiation. Proposals to change the zoning on any property from one (1) district to another may be initiated by:
a. Resolution of the city council.
b. Resolution of the planning commission.
c. Any interested person may request such initiation in writing.
2. Processing.
a. As many copies of a rezone application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application through environmental review.
d. After a determination and/or preparation of the final environmental document, the planning commission shall hold at least one (1) noticed public hearing on the certification of the environmental impact report or negative declaration and the proposed rezoning.
e. Notice of the hearing shall be given according to section 11-17-4(B) of this chapter except that in the event that the number of owners to whom notice would be sent pursuant to section 11-17-4(B) of this chapter is greater than one thousand (1,000), the city may provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation, published and circulated in the city.
3. Action.
a. The planning commission’s action shall be transmitted to the city council in the form of a written recommendation, which shall include the reasons for such recommendation.
b. Upon receipt of the recommendation of the planning commission, the city council shall hold at least one (1) public hearing on the matter. However, if the planning commission has recommended against the rezone, the city council shall not be required to hold a public hearing or take any further action on the matter unless within ten (10) days after the planning commission makes its determination, the applicant or other interested person files a written request for such hearing with the city clerk. Notice of the hearing shall be given in the manner as prescribed in subsection (D)(2)(e) of this section. c. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be 151
required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.
SECTION 112.
The existing Section 11-17-4 Public hearing notices, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Large Family Childcare Permits. For large family childcare permits, not fewer than ten (10) days prior to the date on which the decision will be made on the application, the planning manager shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family daycare home. No hearing on the application for a permit issued pursuant to this subsection shall be held before a decision is made unless a hearing is requested by the applicant or other affected person.
SECTION 113.
The existing Section 11-17-4 Public hearing notices, Subsection D.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. The planning manager number assigned to the application.
SECTION 114.
The existing Section 11-17-5 Appeals of the Solvang Municipal Code is hereby revised to read as follows:
11-17-5 Appeals.
A. Purpose and Intent. The purpose of this section is to provide procedures and to establish criteria for appeals to the planning commission and the city council.
B. Appeals to the Planning Commission.
1. The decisions of the planning manager on the issuance, revocation or modification of land use permits may be appealed to the planning commission by the applicant or any interested person adversely affected by such decision. The appeal, which shall be in writing, and accompanying fee must be filed with the city clerk within ten (10) calendar days or the date of the decision of the planning manager.
2. The appellant shall state specifically in the appeal how the decision of the planning manager is inconsistent with the purpose of this title, or the error or abuse of discretion committed.
3. Prior to the hearing on said appeal, the planning manager shall transmit to the planning commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision.
4. The planning commission hearing shall be de novo and the commission shall affirm, reverse or modify the decision of the planning manager at a public hearing.
At least ten (10) calendar days before the public hearing, written notice of the time and place of such hearing including a general description of the matter to be considered shall be published a newspaper of general circulation in the city and 152
circulated in the area affected by the application and shall be mailed and delivered to:
a. Any person who has filed a written request therefor and has supplied the city with self-addressed, stamped envelopes;
b. The applicant(s);
c. The appellant(s);
d. The owner(s) of the subject property.
C. Appeals to the City Council.
1. The decisions of the planning manager (except where the same is appealable to the planning commission under subsection B of this section), or planning commission, may be appealed to the city council pursuant to title 1, chapter 6 of this code by the applicant or any interested party adversely affected by such decision.
2. The decisions of design review committee on signs or other applications for which the design review committee is the final decision making body may be appealed to the city council pursuant to title 1, chapter 6 of this code by the applicant or any interested party adversely affected by such decision. The design review committee’s advice and recommendations to the planning commission on an application that will be reviewed and approved, disapproved or conditionally approved by the planning commission are not separately appealable from the planning commission’s final decision on such application.
3. At least ten (10) calendar days before the public hearing and including a general description of the matter to be considered, notice shall be published in a newspaper of general circulation in the city and shall be mailed or delivered to:
a. Any person who has filed a written request therefor and has supplied the city with self-addressed, stamped envelopes;
b. The applicant(s);
c. The appellant(s);
d. The owners of the subject property.
4. Appellants shall be entitled to raise and appeal to the city council only issues that were raised before the officer, board or commission whose decision is being appealed.
SECTION 115.
The existing Section 11-17-6 Reapplications of the Solvang Municipal Code is hereby revised to read as follows:
11-17-6 Reapplications.
No application shall be accepted nor acted upon if within the past one (1) year, substantially the same application has been made and denied by the planning commission, the design review committee, the planning manager or the city council, unless the city council permits such reapplication because of an express finding that one (1) or more of the following applies:
A. That new evidence presented which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant.
B. That there has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant’s real property. 153
C. That a mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.
SECTION 116.
The existing Section 11-17-7 Enforcement and penalties, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Investigation. The planning manager, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this title. If a violation is determined to exist or to be impending, the planning manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.
1. Planning Manager Defined. As used in this section, the term planning manager refers to the planning manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning manager to act on his or her behalf.
2. Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.
3. Right of Entry and Inspection. The planning manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning manager shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
4. Liability. The planning manager or any other person charged with the enforcement of this title, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the planning manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney.
SECTION 117.
The existing Section 11-17-7 Enforcement and penalties, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Work Stoppage. Where any building construction work is being done contrary to the provisions of this title, the planning manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning manager.
SECTION 118.
The existing Section 11-17-7 Enforcement and penalties, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
154
E. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.
SECTION 119.
The existing Section 11-17-7 Enforcement and penalties, Subsection F.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Civil Actions.
a. Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any lands, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance.
b. Injunctive Relief. Whenever, in the judgment of the planning manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this title or any rule, regulation, order, or permit issued thereunder, and at the request of the planning manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the planning division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted. c. Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager’s designee, or planning manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
SECTION 120.
Section 11-18-2 Definitions of the Solvang Municipal Code is hereby revised to delete the following definition; all other text and terms in existing Section 11-18-2 remain the same:
DIRECTOR. The city of Solvang planning/community development director, or designee of the director.
SECTION 121.
Section 11-18-2 Definitions of the Solvang Municipal Code is hereby revised to insert in alphabetical order the following definition to read as follows; all other text and terms in existing Section 11-18-2 remain the same:
MANAGER. The city of Solvang planning manager, as defined in Section 2-1-3 of this code, of the planning manager.
SECTION 122.
The existing Section 11-18-4 Application procedures in general, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Permits. All new facilities and collocations or modifications to existing facilities shall require a permit in accordance with this chapter.
155
1. Major Conditional Use Permit and Land Use Permit. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a land use permit in section 11-18-6(D) through (F) of this chapter, shall be subject to the approval of a major conditional use permit in compliance with section 11-16-2 of this title and subject to the approval of a land use permit in compliance with section 11-16-1 of this title, in addition to review by the design committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4. Review by the design review committee is limited to visual aesthetics and design, landscaping including screening and fencing, and site lighting.
2. Land Use Permit. All collocations or modifications to existing facilities that meet the findings of approval for a land use permit in section 11-18-6(D) through (F) of this chapter shall be subject to review by the manager.
3. Other Required Permits and Approvals. In addition to any major conditional use permit or land use permit required under this section, an applicant must also apply for and obtain any separate permit or approval required for such telecommunication facility under this code, including, but not limited to, building, electrical, and encroachment permits.
SECTION 123.
The existing Section 11-18-5 Regulations for facilities subject to a major conditional use permit, Subsection A.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Independent Consultant Deposit. An independent consultant deposit, if required, as the manager may establish to reimburse the city for its costs to retain one (1) or more independent consultants to review the land use permit application.
SECTION 124.
The existing Section 11-18-5 Regulations for facilities subject to a major conditional use permit, Subsection A.9, of the Solvang Municipal Code is hereby revised to read as follows:
9. Structural Analysis. A structural analysis, prepared, signed and sealed by a Californialicensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
SECTION 125.
The existing Section 11-18-5 Regulations for facilities subject to a major conditional use permit, Subsection A.10, of the Solvang Municipal Code is hereby revised to read as follows:
10. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include without limitation the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
SECTION 126.
156
The existing Section 11-18-5 Regulations for facilities subject to a major conditional use permit, Subsection B.2, of the Solvang Municipal Code is hereby revised to read as follows:
2. Stealth and Concealment Techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened appropriately as determined by planning commission on recommendation from the design review committee. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind substantially different than the surrounding live trees.
SECTION 127.
The existing Section 11-18-5 Regulations for facilities subject to a major conditional use permit, Subsection B.3, of the Solvang Municipal Code is hereby revised to read as follows:
3. Landscaping. All facilities shall include a landscaped buffer at least four (4) feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained for the life of the project. The planning commission on recommendation from the design review committee may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.
SECTION 128.
The existing Section 11-18-6 Regulations for facilities subject to a land use permit of the Solvang Municipal Code is hereby revised to read as follows:
11-18-6 Regulations for facilities subject to a land use permit.
A. Purpose and Intent.
1. Under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state and local governments “may not deny, and shall approve” any “eligible facilities request” so long as it does not “substantially change the physical dimensions of the existing wireless tower or base station.” See 47 USC section 1455(a) (2013). A permit application subject to section 6409(a) is referred to as a “covered request.”
2. On December 17, 2014, the FCC adopted a report and order that interpreted section 6409(a) to limit local discretion over wireless permit applications that qualified under the statute as a covered request. Among other things, the FCC specifically limited the kinds of information localities could solicit in permit applications, defined “substantially change the physical dimensions” to include objective thresholds under a cumulative limit, and enacted a rule that “deemedgranted” any covered request when the local reviewing authority fails to act within sixty (60) days after the application is submitted. The FCC codified its rules to interpret section 6409(a) at 47 CFR section 1.40001 et seq.
3. The purpose of this subsection is to promote and protect the public health, safety and welfare. This chapter does so by setting forth standards and processes 157
taken from section 6409(a) and the FCC’s rules for the submittal, review, and action upon a permit application.
4. This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, and the applicable FCC and court decisions and determinations relating to same.
5. In the event that a court of competent jurisdiction issues a final ruling invalidating section 6409, then all proposed modifications to existing facilities subject to this section must be approved by a major conditional use permit under subsection 11-16-2(G) of this title.
B. Time for Review. Federal regulations provide that the city must approve or deny on a land use permit application, and all other required permits and approvals, within sixty (60) days after the applicant submits the permit application, unless tolled due to an incomplete notice or a mutual agreement to extend the time. Under federal regulations, failure to act upon a land use permit and all other required permits and approvals, within sixty (60) days will result in a “deemed-granted” permit.
C. Land Use Permit Application Materials.
1. Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.
2. Site Plans. Complete and accurate construction-quality plans drawn to scale, including: (a) plan views and all four (4) elevations before and after the proposed change with all height and width measurements called out; (b) a depiction of all existing and proposed transmission equipment; (c) a depiction of all existing and proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view. For wireless towers, the plans must include scaled plan views and all four (4) elevations that depict the physical dimensions of the wireless tower as it existed currently, if applicable. For base stations, the plans must include scaled plan views and all four (4) elevations that depict the physical dimensions of the base station as originally constructed.
3. Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four (4) angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.
4. Narrative. A written narrative that explains in explicit factual detail why the applicant believes that section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval under the applicable section of this chapter for the proposed change and explain what facts allow the manager to affirmatively make each finding.
5. Prior Permits. True and correct copies of all previously issued permits, together with all conditions of approval, together with a written statement from the applicant that certifies the proposal will not violate any applicable permit or condition of approval.
6. Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population 158
exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC, as well as an analysis of alternative locations. The report shall include a detailed description of all mitigation measures required under the FCC.
7. Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
8. Noise Study. A noise study, prepared, signed and sealed by a Californialicensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include, without limitation, the manufacturers’ specifications for all noiseemitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
9. Other Permits and Approvals. A land use permit application must include all permit applications with all required application materials for each and every separate permit or approval required for such telecommunication facility under this code, including, but not limited to, building, electrical, and encroachment.
10. Other Published Materials. All other information and/or materials that the city may make publicly available and designate as part of the application requirements.
D. Findings for Land Use Permit Approval for Existing Wireless Towers on Private Property. The manager must approve a land use permit application to change an existing wireless tower on private property when the manager finds all of the following:
1. The applicant proposes a change that involves a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities;
2. The proposed change does not increase the height more than ten percent (10%) or one (1) additional antenna array not more than twenty (20) feet (whichever is greater) above the height that exists currently, if applicable;
3. The proposed change does not increase the width more than twenty (20) feet or the tower width at the level of the appurtenance (whichever is greater);
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four (4);
5. The proposed change does not involve excavation outside the lease or license area;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
E. Findings for Land Use Permit Approval for Existing Base Stations on Private Property.
The manager must approve a land use permit application to change an existing base station on private property when the manager finds all of the following:
1. The applicant proposes a change on a structure (whether built to support FCClicensed or authorized antennas and their associated facilities or not) that currently 159
supports existing wireless transmission equipment and all necessary permits for such use are in good standing;
2. The proposed change does not increase the height more than ten percent (10%) or ten (10) feet (whichever is greater) above the originally approved structure height;
3. The proposed change does not increase the width more than six (6) feet;
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four (4);
5. The proposed change does not involve excavation outside the lease or license area;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
F. Findings for Land Use Permit Approval for Altering Facilities in the Public Right-ofWay. The manager must approve a land use permit application to change an existing wireless tower or base station in the public right-of-way when the manager finds all of the following:
1. The applicant proposes a change on either: (a) a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities (i.e., a “wireless tower”), or (b) a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing (i.e., a “base station”);
2. The proposed change does not increase the height more than ten percent (10%) or ten (10) feet (whichever is greater) above the originally approved structure height;
3. The proposed change does not increase the width more than six (6) feet;
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four (4);
5. The proposed change does not involve excavation outside the proximity to the ground-mounted equipment in the public rights-of-way;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
G. Conditions of Approval Specific to Section 6409(a) Facilities. In addition to all other conditions of approval permitted under state and federal law that the manager may deem appropriate for a specific change, all land use permits under this chapter, whether affirmatively granted by the manager under federal directive in 47 USC section 1455(a) or deemed granted by the operation of law, shall include all the conditions of approval as follows:
1. No Automatic Renewal. Grant or acceptance of this permit shall not renew or extend the underlying permit term.
2. Indemnification. To the maximum extent permitted by applicable law, the applicant shall at all times defend, indemnify, protect, save harmless, and exempt the city, its officers, commissioners, directors, attorneys, agents, servants, employees, and volunteers from any and all penalties, damages, or charges, excepting only punitive damages, which arise from claims, suits, demands, causes 160
of action, and/or awards, and/or costs and expenses in connection therewith, whether compensatory or consequential, whether legal or equitable, which arise from, or are caused by, the construction, erection, installation, location, collocation, operation, maintenance, repair, modification, replacement, removal, relocation, or restoration of wireless transmission equipment within the city based on any act or omission of an applicant, its directors, officers, attorneys, site managers, agents, employees, contractors, subcontractors, independent contractors, or representatives. Without limiting the generality of the foregoing, the penalties, damages, or charges referenced in this condition of approval, shall include all reasonable attorneys’ fees, consultants’ fees, and expert witness’ fees as costs and expenses recoverable by the city.
3. Compliance with Applicable Laws. The applicant shall comply with all applicable provisions in this chapter, any permit issued under this chapter, and all other applicable laws and regulations. Any failure by the city to enforce compliance shall not relieve any applicant of its obligations under this chapter, any permit issued under this chapter, or all other applicable laws and regulations.
4. Violations. The city may revoke a land use permit granted under this chapter for any violation of this code. The remedies available to the city shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one (1) remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
5. No Waiver of Standing. The city’s grant of any land use permit pursuant to 47 USC section 1455(a) shall not waive, nor be deemed to waive, the city’s right and/or standing to challenge the validity of 47 USC section 1455(a) or any related administrative or judicial order or decision, either on its face or as applied in any particular case.
H. Land Use Permit Denial Without Prejudice.
1. Grounds for a Denial Without Prejudice. The manager may issue a denial without prejudice for a land use permit when:
a. Based on the materials submitted by the applicant, the manager cannot make all findings required for the type of proposed change; b. The proposed change would cause a violation of an objective, generally applicable law related to health and safety;
c. The proposed change involves the replacement of the entire support structure; or
d. The proposed change does not qualify for mandatory approval under 47 USC section 1455(a), as may be amended or superseded, and as may be interpreted by any order or decision by the FCC or by any court of competent jurisdiction.
2. Procedures for Land Use Permit Denial Without Prejudice. All land use permit application denials shall be in written form; the written permit denial shall include: (a) the decision date; (b) a statement that the city denies the permit without prejudice; (c) a short and plain statement with the basis for the denial; and (d) that the applicant may submit the same or substantially the same permit application in the future.
3. Submittal After Land Use Permit Denial Without Prejudice. After the manager denies a land use permit application, and subject to the generally applicable permit 161
application submittal provisions in this chapter, an applicant shall be immediately allowed to either:
a. Submit a new land use permit application for the same or substantially the same proposed change; or
b. Submit a new major conditional use permit application for the same or substantially the same proposed change.
4. Costs to Review a Denied Land Use Permit. The city shall be entitled to recover the reasonable costs for its review of any land use permit application. In the event that the manager denies a land use permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a major conditional use permit application or submit a land use permit application for the same or substantially the same change unless all costs for the prior-denied permit application are paid in full.
SECTION 129.
The existing Section 11-18-7 Independent consultant review, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Selection by Manager. The manager may select and retain with the approval of the city manager one (1) or more independent consultants with expertise in telecommunications satisfactory to the manager in connection with any permit review and evaluation.
SECTION 130.
The existing Section 11-18-7 Independent consultant review, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Independent Consultant Fee Deposit. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the manager, paid at the time the applicant submits an application. The applicant shall pay all consultant fees before the city may act on a permit application. In the event that such costs and/or fees do not exceed the deposit amount, the city shall refund any unused portion within sixty (60) days after the final building permit is released or, if no final building permit is released, within sixty (60) days after the city receives a written request from the applicant.
SECTION 131.
The existing Section 11-18-8 Maintenance of the Solvang Municipal Code is hereby revised to read as follows:
11-18-8 Maintenance.
A. All wireless telecommunication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.
B. The site and the wireless telecommunication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.
C. All graffiti on wireless telecommunication facilities must be removed at the sole expense of the permittee within forty-eight (48) hours of notification. 162
D. The permittee shall at all times maintain current contact information for all parties responsible for the facility, which shall include a phone number, street address and email address for at least one (1) natural person. All such contact information should be provided to the manager.
E. A wireless telecommunication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities. If deemed necessary by the city public works department, the permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency.
Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within a reasonable relocation time frame as determined by the manager. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant.
Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
F. If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the manager of the revocation within ten (10) days of receiving notice of such revocation.
SECTION 132.
The existing Section 11-18-9 Removal of abandoned facilities of the Solvang Municipal Code is hereby revised to read as follows:
11-18-9 Removal of abandoned facilities.
A. Any facility whose permit has expired or whose permit has been terminated by the city or that is not operated for a continuous period of one hundred eighty (180) days shall be deemed abandoned, and the owner of the facility shall remove the facility within ninety (90) days of receipt of notice from the manager notifying the owner of the abandonment.
B. If the facility is not removed within the ninety (90) day period, the manager may remove the facility at the permittee’s, facility owner’s, or landowner’s expense pursuant to the city’s abatement procedures.
C. If there are two (2) or more users of the permitted facility, this provision shall not become effective until all applicable permits have expired or have terminated or all users cease using the wireless tower.
SECTION 133.
The existing Section 11-18-10 Ownership transfers of the Solvang Municipal Code is hereby revised to read as follows:
11-18-10 Ownership transfers.
Upon transfer of an approved wireless telecommunication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty (30) days of 163
such transfer provide written notification to the manager of the date of the transfer and the identity of the transferee. The manager may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.
SECTION 134.
The existing Section 11-18-11 Permit terms and conditions, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Each permit issued, except permitted uses pursuant to this chapter, shall be issued for a period of ten (10) years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the manager. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of section 11-18-9 of this chapter.
SECTION 135.
The existing Section 11-18-12 Exception from standards, of the Solvang Municipal Code is hereby revised to read as follows:
11-18-12 Exception from standards.
Notwithstanding the provisions of this chapter, one (1) or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the manager a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service. Exceptions shall be subject to the review and approval of the planning commission and city council. The burden is on the applicant to prove significant gaps and least intrusive means as required herein.
SECTION 136.
The existing Section 12-1-5 Designation of responsibility, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Planning Manager. The planning manager shall be responsible for processing subdivisions, for notifying and furnishing information to the affected persons and agencies 164
as provided herein, for presenting material and data to the advisory agency and city council where required, for making recommendations relative to the design of the subdivision and for ensuring compliance with the conditions of approval and the requirements of this title pertaining to design of the subdivision.
SECTION 137.
The existing Section 12-3-2 Tentative maps, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Submission of Map. Sixteen (16) copies of the tentative map, prepared in accordance with the Subdivision Map Act and the provisions of this title shall be submitted to the planning manager who shall examine such map and accompanying material for compliance with the law and with this title.
SECTION 138.
The existing Section 12-3-2 Tentative maps, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Acceptance by Planning Manager. If the planning manager finds that all requirements of the law and of this title are met as to form and as to the date and information to be shown thereon and furnished therewith, he or she shall stamp, date and sign all copies of the map and the map shall be considered received as of the date so shown. The planning manager shall not find that the requirements of the law have been met unless the tentative map is accompanied by an approved negative declaration (ND) or environmental impact report (EIR) covering the proposed land division or a claim that the proposed land division qualifies under a categorical exemption has been approved by the planning division.
SECTION 139.
The existing Section 12-3-2 Tentative maps, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Accompanying Documents. At the time a tentative map is submitted to the planning manager, it shall be accompanied by:
1. Fees in amounts to be determined by resolution of the city council to cover the costs of processing a subdivision map;
2. Two (2) copies of a preliminary report of a title insurance company. If the subdivider is not the owner, he or she shall also submit evidence that he or she has authority from the owner to subdivide the property;
3. Eight (8) copies of a letter addressed to the advisory agency requesting approval of the tentative map and submitting essential information concerning the following:
a. Subdivision development plan including existing and proposed uses of land and proposed zoning, including areas reserved or offered for open space, park or recreational use;
b. A list of the street improvements the subdivider proposes to install, such as paving, curbs and gutters, sidewalks, street trees, street name signs, stop signs, street lighting and fire hydrants;
c. A copy of his or her application to the city for city sewer and water service; 165
d. Other utilities which are to serve the subdivision. The subdivider shall submit with the tentative map a copy of a letter to each utility company and agency requesting submission of utility easement requirements to the planning manager and a copy of the reply of each affected utility company and agency.
The subdivider shall be responsible for furnishing all maps required for review by utility companies and public agencies;
e. Proposed drainage and flood control easements and facilities not shown on the tentative map, both within and outside of street rights-of-way, including methods of controlling erosion;
f. Where any exceptions to the requirements of any applicable zoning or subdivision regulations are contemplated, such as lot area, lot width or front, side or rear yards around buildings, the subdivider shall so indicate either in the letter or on the map, giving reasons therefor. Failure to so indicate shall be evidence that no such exceptions are intended.
4. A preliminary soil report prepared by a civil engineer registered as such by the state and based upon test borings or excavations deemed adequate by the city engineer. Such preliminary soil report may be waived by the city engineer if, because of knowledge he or she has as to the soil qualities of the subdivision or lots in question, the city engineer shall determine that no preliminary analysis is necessary.
5. A preliminary geological report by an engineering geologist, certified as such by the state, may be required by the city engineer.
6. A preliminary grading plan showing the location and magnitude of all cuts and fills that will result from the street and lot development of the proposed subdivision shall be provided when natural slopes of ten percent (10%) or steeper occur within the area to be subdivided.
SECTION 140.
The existing Section 12-3-2 Tentative maps, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Copies Forwarded to Agencies. After endorsing all copies of the tentative map as having been received, the planning manager shall immediately forward copies of the map and accompanying letter as follows:
1. City engineer (1 map, 1 letter, 1 preliminary title report);
2. County health officer (1 map, 1 letter);
3. County flood control engineer (1 map, 1 letter);
4. City fire chief (1 map, 1 letter);
5. Santa Ynez Union high school superintendent of schools (1 map);
6. Solvang elementary school district superintendent (1 map);
7. Santa Ynez River water conservation district. No. 1 (1 map, 1 letter);
8. City manager (1 map, 1 letter);
9. Planning division (1 map, 1 letter);
10. Planning and development department of the county (1 map, 1 letter); and
11. The district engineer of the state division of highways if the subdivision is adjacent to an existing state highway or to a state highway alignment approved by the state highway department (1 map).
166
SECTION 141.
The existing Section 12-3-2 Tentative maps, Subsection G, of the Solvang Municipal Code is hereby revised to read as follows:
G. One (1) copy of the approved tentative map, together with a statement of the action of the advisory agency, including any conditions under which the map was approved, shall be forwarded by the planning manager to the city council and to the division of real estate.
SECTION 142.
The existing Section 12-3-3 Forms and requirements of tentative map, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Prior to recordation of the final map, the subdivider shall furnish the following information to the city manager, the city manager’s designee, the city engineer, the planning manager, flood control engineer and building official:
SECTION 143.
The existing Section 12-4-2 Minor subdivisions, Subsection C.1, of the Solvang Municipal Code is hereby revised to read as follows:
1. Twelve (12) prints shall be submitted to the planning manager; such prints shall be accurately drawn to scale of one (1) inch equals one hundred (100) feet or larger or such other scale approved by the subdivision committee and shall be on paper not larger than eighteen (18) by twenty-six (26) inches in dimensions. The prints shall be accompanied by two (2) copies of a “lot book guarantee” from a title insurance company showing the record owner or owners and the recording data of the most recent deed and of trust deeds on the property.
SECTION 144.
The existing Section 12-4-2 Minor subdivisions, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Action. All lot split plats shall be approved, conditionally approved or disapproved by the planning commission within fifty (50) days of the date of filing such map with the planning manager.
SECTION 145.
The existing Section 12-4-5 Vesting tentative maps, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Approval of Vesting Tentative Map. A tentative map filed in compliance with the provisions of this title may be approved or conditionally approved as a vesting tentative map if it is in conformity with the provisions this chapter and with the applicable provisions of Government Code chapter 4.5, division 2, title 7, commencing with section 66498.1.
Such map shall have printed conspicuously on its face the words “Vesting Tentative Map” in compliance with Government Code section 66452.
SECTION 146.
167
The existing Section 12-4-5 Vesting tentative maps, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Development Rights and Procedures. A vesting tentative map approved pursuant to this chapter shall be subject to all the provisions, procedures and restrictions of Government Code chapter 4.5 (Development Rights) of division 2 of title 7. The rights conferred by a vesting tentative map as provided herein shall last for an initial period of two (2) years beyond the date of the recording of the final map. This two (2) year time period may be extended by the planning commission for an additional one (1) year in accordance with Government Code section 66452.6 by application filed with the planning manager prior to the expiration of the initial time period. Except as otherwise set forth in this chapter, or as required or provided by law, all the provisions of this title shall apply to the procedures, requirements, conditions and approvals of vesting tentative maps.
SECTION 147.
The existing Section 12-6-12 Changes and modifications, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. Proposed Change to Uses Not Permitted by Zoning. Whenever property is proposed to be subdivided for a use or purpose different from that permitted by the applicable zoning regulations, or which is in conflict with the general plan, a formal request for rezoning of the subject property to appropriate zone districts, and where deemed appropriate by the planning manager, a formal request for amendment of the general plan shall be filed concurrently with the filing of the tentative subdivision map. No tentative subdivision map shall be approved unless and until appropriate changes in zoning regulations to permit the proposed use and purposes of such subdivision have first been recommended and acted upon by the advisory agency in the first instance and by the city council where its action is needed.
SECTION 148.
The existing Section 12-7-4 Procedures, Subsection A, of the Solvang Municipal Code is hereby revised to read as follows:
A. It shall be the responsibility of all persons desiring to subdivide land in the city, and of their agents and representatives, to inform the city engineer in writing of the exact boundaries of the land proposed to be so subdivided. Topographical maps may be required to be submitted wherever deemed appropriate by the engineer, the planning division or subdivision committee of the city. Further, the planning division shall notify the city engineer in writing of all formal written applications for the subdivision of land and the boundaries thereof forthwith upon receipt of such applications.
Where a proposed subdivision contains land designated by metes and bounds description or map as a special treatment area by the city council, then the subdivider shall not be required to follow the procedure set out in subsections A and B of this section relating to determination of whether or not a subdivision is or contains a special treatment area. The subdivider, however, shall follow all of the other procedures and meet all of the requirements imposed pursuant to this chapter.
168
Within ten (10) days after receipt of such information by the city engineer, he or she shall notify the subdivision committee and the applicant, or his or her agents and representatives, in writing of its recommendation as to whether or not the land proposed to be subdivided contains special treatment areas.
SECTION 149.
The existing Section 12-8-1 Subdivision committee, Subsection B, of the Solvang Municipal Code is hereby revised to read as follows:
B. Members. The subdivision committee shall have the following members: the planning manager; city engineer; city manager or city manager’s designee; flood control engineer; county health officer and the fire chief or their designated representatives. Other city officers and their assistants and deputies may sit as advisory members.
SECTION 150.
The existing Section 12-8-2 Building and zoning permits of the Solvang Municipal Code is hereby revised to read as follows:
12-8-2 Building and zoning permits.
Compliance with this chapter is a condition precedent to the issuance of a building permit or zoning permit by any person authorized to issue such permits in the city. Building permits and zoning permits issued without prior compliance with this chapter are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building official and planning manager to notify the person to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with.
SECTION 151.
The existing Section 12-8-6 Lot line adjustments, Subsection C, of the Solvang Municipal Code is hereby revised to read as follows:
C. Application Process. A property owner or his or her representative shall submit an application to the office of the planning manager. The application form and specifications shall be as established by the planning division of the city of Solvang. Application and processing fees shall be as established by the city council of the city of Solvang. An informal hearing process may be established, if necessary.
SECTION 152.
The existing Section 12-8-6 Lot line adjustments, Subsection D, of the Solvang Municipal Code is hereby revised to read as follows:
D. Review by Local Agency. The planning manager shall have authority to review and approve a tentative lot line adjustment. Said review and approval shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances.
The planning manager shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the city’s zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. 169
If the scale and nature of the requested lot line adjustment (e.g., the number of acres and/or parcels) would, in the opinion of the planning manager, raise questions as to consistency with the purpose and intent of the lot line adjustment in relation to the city’s general plan and/or zoning code, the planning manager shall have the authority to refer the requested lot line adjustment to the planning commission for an informal public hearing.
No tentative map, parcel map, or final map shall be required as a condition of approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by section 8762 of the Business and Professions Code. The final form of documentation of a lot line adjustment shall be subject to approval of the city engineer.
SECTION 153.
The existing Section 12-8-6 Lot line adjustments, Subsection E, of the Solvang Municipal Code is hereby revised to read as follows:
E. Appeal Process. Any determination by the planning manager or other staff member with regards to a lot line adjustment may be appealed to the planning commission for their consideration. The appeal must be filed in writing, with the applicable fee deposit, within fifteen (15) calendar days of the staff determination. The appeal will be scheduled for consideration at the earliest feasible date.
Any determination by the planning commission with regards to a lot line adjustment may be appealed to the city council for their consideration. The appeal must be filed in writing, with the applicable fee deposit, within fifteen (15) calendar days of the staff determination. The appeal will be scheduled for consideration at the earliest feasible date.
SECTION 154.
This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 155.
Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
PASSED, APPROVED, AND ADOPTED on this 28th day of March, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 170
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 22-0355 was duly introduced at a regular meeting of the City Council held on the 14th day of March, 2022, and was duly adopted at a regular meeting of said City Council held on the 28th day of March 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
171
Attachment B
Recommended Code Amendments to Address Recent
Planning Division Reorganization
2-1-3 Organization and meetings.
A. Organization.
. . .
2. The planning/community development director manager of the city shall be ex officio secretary of the planning commission. Whenever in this code or any other ordinance of the city the words “planning managercity planner” are used, they shall refer to and mean the planning/community development director manager of the city or the planning manager’s designee and, if and when a planning manager has not been appointed or is absent, the city manager and the city manager’s designee.
. . .
2-4-3 Organization and meetings.
A. Organization.
. . .
2. The planning/community development director manager of the city shall be ex officio secretary of the design review committee.
3. The city planning department division shall process and review all applications to the design review committee. The city planning department division and other city staff shall act as professional advisors to the design review committee.
. . .
2-4-4 Duties and Responsibilities
[see Attachment B for amendments]
8-5-3 Permits required.
A. Application Required. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in or over any public street or other public property without first obtaining a permit therefor from the city planning/community development department division. An amended application for said permit shall be filed with the planning/community development department division in the event that newsracks are installed in the city or removed from the city by the applicant subsequent to the issuing of the original permit by the city.
B. Submittal Requirements. Applications for permits required by this chapter shall be filed with the planning/community development department division upon printed forms to be prescribed and supplied by the city. Each application for a newsrack permit, or amended permit shall be accompanied by an application fee in an amount established by resolution of the city council. Permits shall be 172
renewed on or before the expiration date of the permit, accompanied by the application fee. The application shall be signed by the applicant and shall include the following:
. . .
E. Approval or Denial. The planning/community development director or designee manager shall approve, conditionally approve or deny an application within fourteen (14) days of the date upon which a complete new, renewed or amended application has been submitted. The planning/community development director or designee manager shall approve any application which meets the standards and criteria set forth in this chapter. Such application may be approved either in whole or in part, when more than one (1) location is proposed by the applicant.
1. If an application does not meet the standards and criteria set forth in this chapter, the planning/community development director or designee manager shall deny the permit. Upon any denial, the planning/community development director or designee manager shall notify the applicant in writing of the specific basis of such denial. Denial of an application shall be without prejudice to amend such application.
2. The decision of the planning/community development director or designee manager to approve or deny an application shall be final unless an appeal is filed as set forth in this section. . . .
8-5-5 Standards.
. . .
G. Waiver. A waiver from one (1) or more standards may be obtained from the planning/community development department division. In order for the planning/community development department division to grant such a waiver it must be demonstrated that the proposed newsrack location would not impair or preclude the visibility of pedestrians or vehicle drivers, would not interfere with emergency services functions, and would not reduce the clear area for pedestrian passage to a width less than five (5) feet. The planning/community development department division may only issue a permit involving deviation from standards if the public works director specifically approves such deviation, and the approval is included in the permit. The decision of the public works director is final. . . .
8-8-5 Trees on private property required as development condition.
Where required as a development condition for subdivisions, new development and redevelopment, trees planted on private property shall be maintained by the property owner. Relocation, removal or replacement of required trees shall not be allowed without a written permit from the planning director or designated agent manager. Unauthorized removal or failure to maintain these trees is subject to the provisions of title 5, chapter 1 of this code in addition to any other civil or criminal remedies available to the city necessary to enforce the conditions of approval.
The city council may establish by resolution development conditions and/or guidelines relating to and necessary for the provision and maintenance of trees on private property. 10-1-2
[See Attachment D]
173
10-1-4 Amendments--California Building Code
E. Amend section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning and Community Development Department Division and the official in charge thereof shall be known as the building official.
10-1-5 Amendments--California Residential Code
C. Amend section R103.1 to read as follows:
R103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning and Community Development Department Division and the official in charge thereof shall be known as the building official.
10-1-6 Amendments--California Existing Building Code
C. Amend section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created within the Planning and Community Development Department Division and the official in charge thereof shall be known as the building official.
11-3-1 Definitions.
DEVELOPMENT REVIEW COMMITTEE. The development review committee shall consist of the city manager, the city manager’s designee, the city engineer, the city’s fire chief, a representative of the building official, a representative of the county’s flood control department, the planning manager and any other members deemed desirable by the city council. . . .
PLANNING COMMISSION. The city of Solvang planning commission as established in Title 2, Chapter
1. PLANNING/COMMUNITY DEVELOPMENT DEPARTMENT DIVISION. The city of Solvang planning/community development department division.
PLANNING/COMMUNITY DEVELOPMENT DIRECTOR Manager. The planning/community development director of the city. The planning manager as defined in Section 2-1-3 of this code. . . .
11-5-5 Additional requirements.
. . .
B. Landscaping. None required, except that for public and employee parking areas for a commercialagricultural use (i.e., winery, riding stable) a landscaping plan must be approved by the planning/community development director manager. Said plan shall include landscaping which, within five (5) years, will reasonably screen the view of parking areas from adjacent public streets.
Said plan shall also include landscaping along all public streets. The landscaping shall consist of plant material and may include existing trees and plants on the property. All landscaping shall be installed 174
at the time of project completion. Prior to the issuance of a land use permit, for projects requiring landscape plans, a performance security shall be filed as set forth in section 11-12-19 of this title. 11-6A-2 Permitted uses.
The following uses are permitted in the R-1/E-1 Zone:
. . .
I. Family daycare homes, large. This use shall require a land use permit from the planning manager planning director, which shall require noticing as set forth in section 11-17-4(C) of this title. . . .
11-6A-5 Additional regulations.
. . .
B. Animals.
. . .
4. Small animals (e.g., chickens, birds, ducks, rabbits, bees, etc.) shall be permitted provided that:
. . .
b. The keeping of such small animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the planning/community development director manager.
. . .
11-6B-2 Permitted uses.
. . .
J. Family Daycare Homes, Large. This use shall require a land use clearance from the planning manager planning director , which shall require noticing as set forth in section 11-17-4(C) of this title. . . .
11-6C-6 Additional regulations.
. . .
B. Streets. Streets may be public or private; however, all private streets shall be required to be constructed to city standards and adequate provisions shall be made in the CC&Rs to ensure maintenance of private streets. The standards for any on site improvements (streets, walks, drainage, and utilities) may be modified for a PRD by the city upon recommendation from the city engineer or planning/community development director manager. Street design shall relate to the function of the street and, particularly in hillside areas, where no on street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, use of cul-de-sacs and loop streets and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.
. . .
175
11-7A-1 Purpose and intent.
. . .
B. Processing.
. . .
2. Pursuant to section 11-16-4(B), the following minor development may be permitted without full development plan review on reasonable conditions imposed by the planning manager planning/community development director.
. . .
b. The addition or enlargement of an outdoor patio or seating area of a restaurant, bar, cocktail lounge, or wine tasting establishment.
The planning manager planning/community development director shall reserve the right to refer such matters to the planning commission for advice prior to making a final determination. The planning manager planning director may also waive the requirement for up to two (2) parking spaces to accommodate the addition or enlargement of such an outdoor patio or seating area, and/or may allow for provision of all or some of the project parking to be addressed through payment of an in lieu parking fee pursuant to section 11-11-9. Such fee may be appealed to the city council as provided in section 11-11-9(D), which may then reduce or eliminate such fee.
11-7A-3 Conditional uses.
[See Attachment B and D]
11-7A-5 Additional regulations.
[See Attachment B]
11-7B-1 Purpose and intent.
[See Attachment D]
11-7B-5 Additional regulations.
A. Parking. As required in chapter 11 of this title, except that required parking spaces may be provided in publicly owned parking lots subject to approval of the availability of the parking spaces by the planning/community development director manager.
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the planning/community development director manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title.
All parking areas shall be landscaped as required under chapter 11 of this title. 11-7C-1 Purpose and intent.
[See Attachment D]
11-7C-5 Additional regulations.
. . .
176
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the planning/community development director manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title. All parking areas shall be landscaped as required under chapter 11 of this title. . . .
11-9-5 Additional regulations.
. . .
B. Landscaping/Screening.
. . .
5. Outdoor storage areas shall be screened from view of any street by a wall or fence six (6) feet in height. Such wall or fence shall be located not closer than five (5) feet to the street right-of-way line. The space between the wall or fence and the street shall be landscaped. Areas where stored materials or equipment exceed a height of six (6) feet shall be landscaped by a row of trees of a type approved by the planning/community development director manager to provide continuous screening to an approximate height of not less than twenty (20) feet nor more than forty (40) feet when mature.
. . .
11-11-3 Parking space regulations.
. . .
B. Recalculation on Change of Use. Upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter only for the new use.
Any previous parking modifications granted by the planning commission, planning/community development director manager shall be null and void.
11-11-5 Landscape/screening of parking areas.
. . .
C. Screening shall be provided along each property line consisting of a five (5) foot-wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four (4) feet in height. Such fences or walls abutting streets shall be ornamental in texture, pattern or shadow relief. Plantings, fences or walls abutting streets shall not exceed thirty (30) inches in height for a distance of twenty-five (25) feet on either side of entrances or exits to the property.
This requirement for screening may be waived or modified by the planning/community development director manager if adjacent property already has provided a solid wall not less than four (4) feet high.
D. When the total uncovered parking area on the property (including adjoining parcels over which the property has parking privileges) exceeds three thousand six hundred (3,600) square feet, the following shall be required, in addition to other provisions of this section, as part of a landscape plan:
. . .
3. Prior to the issuance of a land use permit, performance securities, in amounts to be determined by the planning/community development director manager, to guarantee the 177
installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for two (2) years shall be filed with the city clerk. The performance security portion for installation will be released at the time the planning/community development director manager approves the installation. The remaining maintenance performance security portion shall be released at the end of the two (2) year period provided the planting has been adequately maintained.
11-11-6 Driveways.
. . .
C. Special Requirements. Upon recommendation of the city engineer or the planning/community development director manager or upon their own initiative when considering any project, the planning commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the commission determines that such special requirements either reduce or do not create traffic hazards or street parking problems. Such special requirements shall be final subject to appeal to the city council as provided in section 11-17-5 of this title. 11-11-7 Required number of parking spaces.
[See Attachment D]
11-12-3 Residential uses.
. . .
B. Temporary Second Dwellings. In any district where an existing structure is to be used for dwelling purposes on a temporary basis during the construction on the same lot of another structure to be used for dwelling purposes, a land use permit for such structure to be constructed may be issued by the planning/community development director manager, subject to execution of an agreement by the property owner that said existing structure will be removed, converted or reconverted to a permitted accessory building within three (3) months after commencement of the occupancy of the newly constructed dwelling and subject to the receipt by the city of a performance security in an amount designated by the building official and in form and content acceptable to the city attorney assuring the performance of said property owner’s obligations set forth in said agreement. 11-12-5 Home occupations.
A. Processing. Prior to the commencement of any type of occupation in the home, a home occupation application shall be submitted to the planning/community development department division. The planning/community development department division shall approve, conditionally approve or deny such application. Upon approval of such application, a land use permit shall be issued for the home occupation.
B. Findings. The planning/community development director manager shall approve a home occupation application only if the proposed occupation meets all of the following criteria:
. . .
11-12-6 Daycare homes.
. . .
178
B. Large Family Daycare Homes. Large family daycare homes shall be considered a residential use pursuant to this title, provided that prior to the issuance of a land use permit, the planning/community development director manager shall make the following findings:
. . .
3. The noise level, including noise generated by the children, is consistent with the noise element of the general plan.
The approval of large family daycare homes pursuant to this section shall be deemed a ministerial action which is exempt from the California Environmental Quality Act. Notice shall be given of the proposed use at least ten (10) days prior to the date of the planning/community development director manager’s decision to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family daycare home. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected person. The planning/community development director manager’s decision may be appealed to the city council pursuant to the provisions of title 1, chapter 6 of this code.
11-12-7 Business uses.
[See Attachment C]
11-12-8 Special events.
[See Attachment D]
11-12-9 Temporary tract offices in subdivisions.
The planning/community development director manager or authorized staff, may approve a land use permit for construction of a temporary tract sales office subject to the following conditions:
. . .
D. The garage of a model home may be used for the office subject to the deposit with the planning/community development director manager of a performance security, in an amount designated by the planning/community development director manager guaranteeing the conversion of the tract office to a garage at the expiration of the permit. No occupancy of the model home for dwelling purposes shall be permitted until the office has been removed or a two (2) car covered garage is provided for the dwelling unit.
E. The permit shall expire after either: (1) initial sales have been made of all lots within the tract within which it is located or all lots in a subdivision of the same subdivider in the immediate vicinity; or (2) one (1) year after its issuance, whichever is earlier. The permit may be extended by the planning/community development director manager upon application of the subdivider for good cause shown.
F. The applicant shall deposit the sum of one thousand dollars ($1,000.00) to assure removal of an office in a separate building after expiration of the permit or any extension thereof. The applicant shall obtain and furnish to the city written permission from the then landowner and all subsequent landowners for the city and its agents to enter upon the land where said office is located to accomplish removal, if the applicant fails to remove the office within thirty (30) days after expiration of the permit or any extension thereof, or after notification from the planning/community development director 179
manager if at any time it is determined that the office is unsightly or has become a public or private nuisance.
11-12-16 Lot area regulations.
A. General Setback Regulations.
. . .
4. In single-family residential subdivisions wherein all proposed dwellings are to be constructed at one time by the developer and a plot plan showing the location and dimensions of each building and the front, side and rear and setback dimensions of each lot has been filed with the planning/community development department division, the planning/community development director manager may modify the required front yard setback for not to exceed fifty percent (50%) of the lots on each side of the street in each block, subject to all of the following limitations:
. . .
B. Through, Corner, Interior and Odd Shaped Lots.
. . .
4. Odd Shaped Lots. In the case of odd shaped lots, the planning/community development director manager shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable district.
. . .
11-12-18 Exterior area lighting.
[See Attachment B]
11-12-19 Landscape plans.
Where the provisions of this title require a landscape plan in conjunction with proposed development the following shall apply.
A. The planning/community development director manager other authorized staff shall review the landscape plan and may approve, or conditionally approve, said plan.
B. Prior to the issuance of the land use permit for the development, a performance security, in an amount to be determined by the planning/community development director manager to guarantee the installation of plantings, walls and fences, in accordance with the approved landscape plan, and adequate maintenance of the planting for a period of two (2) years, shall be filed with the city clerk, if deemed necessary by the planning/community development department division.
C. Performance securities for installation will be released by the city clerk at the time of the approval by the planning/community development director manager of the installation and the remaining performance security for landscaping maintenance will be released at the end of the two (2) year period by said clerk provided the planting has been adequately maintained. 11-12-20 Pipelines.
. . .
180
C. Processing. No permits for development, including grading, shall be issued except in conformance with an approved development plan as provided in section 11-16-4 and with land use permits in section 11-16-1 of this title. The following information, in place of that listed in section 11- 16-4 of this title, must be filed with a development plan application:
. . .
5. A revegetation and site restoration plan shall be prepared by the applicant which includes provisions for restoration of any biologically important habitats which will be disturbed by construction or operational procedures. Said plan shall be subject to approval by the planning/community development director manager during project review.
6. Any other reasonable information as deemed necessary by the planning/community development director manager.
. . .
E. Development Standards.
. . .
2. In addition, the following standards may be applied to the extent deemed necessary by the planning commission:
. . .
b. Disturbed areas shall be jointly inspected by the applicant and city staff one (1) year after completion of construction to assess the effectiveness of the revegetation and restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to preconstruction conditions or until no additional monitoring is deemed necessary to the planning/community development director manager. Inspection results shall be submitted annually to the planning/community development director manager and additional treatment of the site will be applied as deemed necessary by planning departmentdivision.
11-12-23 Residential density bonus.
. . .
C. Requests for Specific Incentives or Concessions. Requests for specific incentives or concessions under California Government Code section 65915 et seq., shall be filed with the planning department division on forms prescribed by the city. The city shall consider the request concurrently with the underlying development application.
D. Application Requirements and Review. An application pursuant to this section 11-12-23 shall be processed concurrently with any other application(s) required for the housing development. Final approval or disapproval of an application (with right of appeal to the city council) shall be made by the planning commission unless direct financial assistance is requested. If direct financial assistance is requested, the planning commission shall make a recommendation to the city council who will have the authority to make the final decision on the application.
An applicant/developer proposing a housing development pursuant to this section 11-12-23, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the planning 181
director manager or designated staff to discuss and identify potential application issues, including prospective additional incentives. No charge will be required for the preapplication conference. A preliminary application shall include the following information:
. . .
Within ninety (90) days of receipt of the preliminary application the city shall provide to an applicant/developer, a letter which identifies project issues of concern (the maximum financial assistance that the planning director manager can support when making a recommendation to the city council), and the procedures for compliance with this chapter. The planning director manager shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the planning director manager, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
. . .
11-12-24 Minor modifications to zoning ordinance regulations.
The planning director manager may consider and render decisions on matters of slight modification and minor adjustment of zoning standards as deemed appropriate in connection with the efficient administration of the zoning ordinance, provided the modification/adjustment does not increase or reduce a numerical standard by more than ten percent (10%), complies with all applicable life/safety codes, and will not adversely affect neighboring properties. 11-12-25 Reasonable accommodation.
. . .
C. Application Requirements.
1. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning departmentdivision, or in the form of a letter, to the planning director manager and shall contain the following information:
. . .
D. Review Authority.
1. Planning Director Manager. Requests for reasonable accommodation shall be reviewed by the planning director manager if no discretionary permit approval is required other than the request for reasonable accommodation.
2. Other Review Authority. The planning director manager shall delegate requests for reasonable accommodation submitted for concurrent review with another discretionary permit application to such other review as the case may be.
E. Review Procedure.
1. Planning Director Manager Review. The planning director manager shall make a written determination within forty-five (45) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F of this chapter. The 182
planning director manager shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Santa Barbara County assessment roll, but may include other property owners as determined by the planning director manager in his or her discretion. Said notice shall be mailed at least ten (10) days prior to making a determination.
. . .
G. Appeal of Determination.
. . .
2. A determination by the planning director manager to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the planning commission. . . .
11-12-26 Agricultural employee housing.
A. Agricultural employee housing serving six (6) or fewer persons and conforming to the following criteria, shall be subject to a land use clearance under the jurisdiction of the planning director manager.
. . .
B. Agricultural employee housing serving seven (7) or more persons, or projects which do not otherwise qualify for a zoning clearance, may be allowed by minor conditional use permit under the jurisdiction of the planning director manager.
11-12-30 Short-term/vacation rental regulations.
. . .
B. Application Process. Persons wishing to use a structure as a vacation rental shall do all of the following:
1. Complete a vacation rental certificate request form, which form shall be provided by the planning and economic development director manager or designee.
2. Submit the following information in support of a vacation rental certificate:
. . .
h. Such other information as the planning director manager or designee deems reasonably necessary to administer this chapter.
. . .
D. Ongoing Requirements for Vacation Rental Operation.
. . .
8. Special events (i.e., weddings and celebrations) shall be limited to three (3) per calendar year, and are subject to written approval and conditions established by the planning and economic development director manager or designee.
. . .
183
F. Violations and Enforcement.
. . .
2. In addition to, or in lieu of criminal sanctions set forth in subsection (F)(1) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (F)(2). a. The planning director manager, or designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the planning director manager, or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the planning community development director manager constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the city manager. The penalties for violations specified in this subsection (F)(2) shall be as follows:
. . .
11-13-5 Prohibited signs.
. . .
W. Window Signs. Signs in the window, adhered to the glass, except for open, closed and hours, help wanted and temporary window signs approved by the planning director manager pursuant to section 11-13-11 of this chapter. Except decorative window painting and lettering pursuant to subsection 11- 13-10(E) of this chapter.
11-13-6 Plans for shopping, office and industrial complexes. . . .
B. All signs shall be in substantial compliance as determined by the planning director manager with the approved overall sign plan for the particular center. 11-13-11 Standards for temporary signs.
A. Temporary Signs Requiring a Sign Permit. The following signage requires a land use clearance from the planning departmentdivision to ensure size and time restrictions, as noted. Sale and noncivic event sign permits may be issued annually.
Type Time Limit
TRC Zone District (Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall be erected for no more than 30 days prior to the scheduled opening 60 days.
184
Type Time Limit
of the business and shall be removed no later than 30 days after the opening of the business.
Sale or Other Temporary Window Signs. A temporary window sign such as a “Sale” sign not exceeding 6 sq. ft., or 50% of the window area of each façade, whichever is greater, is permitted.
Professional design of the sign is encouraged. The decision of the planning director manager may be appealed to the design review committee. The planning departmentdivision shall be notified at least 24 hours in advance of each display date.
7 consecutive
days and not
more than 28
total days per
year.
Noncivic Event Sign. 1 temporary noncivic event sign announcing a special event may be permitted. The decision of the planning director manager may be appealed to the design review
committee. The planning departmentdivision shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply.
3 consecutive
days per event
and not more
than 36 total
days per year.
A. Businesses with up to 50 linear feet of dominant building frontage shall be allowed a sign of 6 sq. ft.,
B. Businesses with between 50 to 100 linear feet of dominant building frontage shall be allowed a sign of 12 sq. ft., and C. Businesses with over 100 linear feet of dominant building frontage shall be allowed a sign of 18 sq. ft.
Commercial Zone Districts (Outside Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall be erected for no more than 30 days prior to the scheduled opening of the business and shall be removed no later than 30 days after the opening of the business.
60 days.
Sale or Other Temporary Window Signs. A temporary window sign not exceeding 4 sq. ft., or 25% of the window area of each façade, whichever is greater, is permitted. The planning
departmentdivision shall be notified at least 24 hours in advance of each display date.
30 consecutive
days and not
more than 60
total days per
year.
Noncivic Event Sign. 1 temporary noncivic event sign announcing a special event may be permitted. The decision of the planning director manager may be appealed to the design review
committee. The planning departmentdivision shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply.
3 consecutive
days per event
and not more
than 36 total
days per year.
185
Type Time Limit
A. Businesses with up to 50 linear feet of dominant building frontage shall be allowed a sign of 6 sq. ft.,
B. Businesses with between 50 to 100 linear feet of dominant building frontage shall be allowed a sign of 12 sq. ft., and C. Businesses with over 100 linear feet of dominant building frontage shall be allowed a sign of 18 sq. ft.
. . .
11-13-12 Sign permits—Application and processing procedures. [See Attachment C]
11-13-13 Modifications.
[See Attachment C]
11-13-14 Exceptions to sign standards.
[See Attachment C]
11-13-15 Nonconforming signs.
. . .
C. Removal.
1. Any sign installed after the effective date of: (a) the ordinance adopting this chapter; or (b) an ordinance amending this chapter which does not comply or does not have the required land use clearance or building permit, is an illegal sign. Such signs shall be removed or made to conform within ten (10) days of written notice from the planning/community development department division.
2. Any sign erected on or before the effective date hereof which does not have a valid land use clearance or building permit on file with the city or the county of Santa Barbara building department, is an illegally erected sign. Such signs shall be removed or made to conform to the provisions of this chapter within one (1) year of the date of written notice from the planning departmentdivision or immediately upon change of use, owner or lessee of the premises.
3. A sign which does not conform to the provisions of this chapter, but which was legally erected and was maintained on or before June 12, 1980, and which did not conform to the regulations in effect at that time, shall be removed or made to conform within one (1) year after written notice from the planning departmentdivision, or immediately upon change of use, owner or lessee of the premises.
11-13-16 Noncurrent, abandoned or unsafe signs.
A. Noncurrent and Unsafe Signs.
186
1. Noncurrent. Any sign, including its supporting structure, which no longer identifies the current occupant or which otherwise fails to serve its original purpose after a lapse of three (3) months shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon ten (10) days’ written notice by the planning divisiondepartment.
2. Unsafe. Any sign that, in the opinion of the city building official, is unsafe or insecure, shall be deemed a public nuisance and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, within ten (10) days’ written notice by the city building official or planning divisiondepartment.
3. Failure to Abate. In the event the property owner has not begun removal of the sign and its supporting structure within the time limits set forth in subsections (A)(1) and (A)(2) of this section, the planning director, as determined by the building official, the planning manager shall cause to be filed for recordation with the county recorder, a notice of intention to record a notice of order to abate describing the real property, naming the property owner thereof, describing the violation and giving notice of a city council hearing. The building official shall give written notice by personal delivery or mail to the property owner that the city intends to carry out the removal of the sign and supporting structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the sign is removed, repaired or reconstructed so as to eliminate the condition that is in violation of this chapter. The building official shall also advise the property owner that he or she has a right to a scheduled hearing before the city council for the purpose of final determination that the sign is “noncurrent” or “unsafe” as defined under this section. Said hearing shall begin no later than thirty (30) days after the date of personal delivery or mailing of the notice and may be continued by the city council.
B. Findings. Upon completion of the hearing, the city council shall find as to the fact that the sign is a noncurrent or unsafe sign and upon such fact being found shall determine that the sign shall be removed, repaired or reconstructed by the property owner within a prescribed time or the city shall cause the sign and supporting structure to be removed. Said determination shall be made based upon the evidence presented and a report from the planning director manager, as determined by the building official, or their designee, regarding the existing condition of the sign, the estimated costs of repair, reconstruction and/or removal. If the city council makes such determination, written findings and an order shall be approved. After said hearing, the city clerk shall cause to be filed for record a notice of order to abate with the county recorder and shall give all parties who have a recorded interest in the property notice of such recordation by mail. . . .
11-13-17 Enforcement and penalties.
A. Planning Director Manager to Enforce. It shall be the duty of the planning director manager, or designee, to enforce this chapter with respect to all signs existing on the effective date of this chapter, and to all signs constructed, maintained, displayed or altered after the effective date of this chapter, and for any signs installed contrary to the approved plans or to any conditions imposed by the design review committee.
1. Every sign erected in the city shall be subject to inspection by the planning director manager, or designee, to ensure compliance with all provisions of this chapter or city building official to ensure compliance with all applicable building codes.
187
2. The planning director manager, or designee,shall conduct an inventory of all signs in the city for the purpose of identifying signs that are illegal or unlawfully installed and signs that are noncurrent, abandoned or unsafe.
3. The planning director manager, or designeesshall have the right to enter upon any premises upon which any sign has been erected to enforce compliance with the provisions of this chapter and to cause the removal of any sign maintained in violation of this chapter. . . .
11-13-19 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
. . .
CIVIC EVENT SIGN. A sign, other than a commercial sign, posted to advertise a noncommercial, not for profit organization or event that directly benefits the community and/or city of Solvang, as determined by the planning director manager (see section 11-13-4(A) of this chapter). . . .
PLANNING DIRECTOR MANAGER. The planning and economic development director manager as defined in Section 2-1-3 of this code.
. . .
PRIMARY FOOD/BEVERAGE BUSINESS. The primary business is such that at least fifty-one percent (51%) of the establishment’s square footage is dedicated to the serving of a food or beverage, such as. winetasting rooms, coffee shops, restaurants, and other uses as is found to be of similar character as determined by the planning director manager.
. . .
11-15-2 Nonconforming use of land, buildings and structures.
A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful:
. . .
E. Damage. Where structures involved in a nonconforming use are collectively damaged by fire, flood, earthquake or other natural disaster to an extent of seventy-five percent (75%) or more of replacement cost at the time of damage, as determined by the planning/community development director manager, the nonconforming use shall be discontinued and the damaged structure thereafter used in accordance with regulations of the district in which it is located unless the planning commission finds that the adverse impact upon the neighborhood would be less than the hardship which would be suffered by the owner of the structure should restoration of the nonconforming use be denied. Where damage is to an extent of less than seventy-five percent (75%), such structures may be restored to the same or lesser size and in the same location; provided, however, that restoration shall commence within twelve (12) months of the time of damage and be diligently carried to completion, and the nonconforming use may be resumed and continued as before, or on a lesser scale, but shall not be enlarged or intensified. 11-16-1 Land use permits.
188
A. Purpose and Intent. This section establishes procedures and findings for the issuance of land use permits which are required for all uses and developments permitted under the regulations of this title.
A land use permit is the final permit required by the planning/community development department division. The intent of this section is to ensure that development proposals conform to the provisions of this title, the general plan and any conditions set by the city.
B. Applicability.
1. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, change of use or rebuilding of any building, structure or improvement within the city wherein permits are required under the provisions of this title, a land use issued by the planning/community development director manager unless other regulations of this title specifically indicate such permit is not required or the activity is included in one (1) of the following exemptions:
. . .
C. Contents of Application.
1. As many copies of a land use permit application as may be required shall be submitted to the planning/community development director manager. Said application shall include the following:
. . .
c. Any other information that the planning/community development director manager may require.
. . .
F. Expiration.
. . .
2. Prior to the expiration of such one (1) year period, the planning/community development director manager may grant one (1) extension of one (1) year for good cause shown. 11-16-2 Conditional use permits.
. . .
C. Jurisdiction.
1. The planning/community development director manager shall have jurisdiction of all minor conditional use permits and extensions of time thereof and shall hold any necessary public hearings therefor; except as otherwise provided for in subsection (E)(3) of this section, the planning commission shall have jurisdiction of all major conditional use permits and extensions of time thereof.
2. In the event an application is under the jurisdiction of both the planning commission and the planning/community development director manager, the planning commission shall have sole jurisdiction.
D. Minor Conditional Use Permits. The following uses may be permitted in any zone district in which they are not otherwise permitted with a minor conditional use permit, provided the 189
planning/community development director manager can make the findings set forth in subsection H of this section:
. . .
5. Antennas for amateur radio operation and dish antennas unless completely screened from public view. Such determination of public view shall be made by the planning/community development director manager.
. . .
E. Major Conditional Use Permits. The following uses may be permitted provided the planning commission can make the findings set forth in subsection H of this section. . . .
3. The following uses may be permitted in any zone district in which they are not otherwise permitted, with a major conditional use permit. However, for the uses set forth in this subsection only, the planning and community development director manager shall have authority to issue the major conditional use permit, provided the planning director manager can make the applicable findings set forth in subsection H of this section. Such uses must obtain architectural approval from the design review committee if other uses in the same zone would be required to obtain such approval. Notwithstanding anything to the contrary in this section, a public hearing on the application for a major conditional use permit shall not be required for uses authorized in this subsection. However, in conformity with section 11-17-4 of this title, a notice shall be given at least ten (10) days prior to the date of the director’s planning manager’s consideration of the application for a major conditional use permit. The planning director manager may approve, conditionally approve, or deny the application:
Church.
F. Contents of Application.
1. As many copies of a conditional use permit application as may be required shall be submitted to the planning/community development department division. Said application shall contain all or as much of the submittal requirements for a development plan as are applicable to the request. . . .
G. Processing.
1. Upon receipt of the required copies of the conditional use permit application, the planning/community development department division shall process the application through environmental review.
2. After a determination has been made, the conditional use permit application shall be referred to the development review committee for review and recommendation to the planning commission or planning/community development director manager.
3. The planning commission, planning/community development director manager shall then consider the requested conditional use permit at a noticed public hearing and either approve, conditionally approve or deny the request. Notice of the time and place of said hearing shall be given in accordance with section 11-17-4 of this title. 190
4. The action of the planning commission or planning/community development director manager shall be final subject to appeal to the city council as provided under title 1, chapter 6 of this code.
. . .
I. Time Limit.
1. At the time the planning commission or planning/community development director manager approves a conditional use permit, a time limit may be established within which construction must commence or the use must begin. The time limit shall be a reasonable time based on the size and nature of the proposed development or use. If no date is specified, the time limit shall be one (1) year from the date of approval. Said time may be extended by the planning/community development director manager for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning/community development director manager prior to the expiration date.
2. A conditional use permit shall become null and void and be automatically revoked if the use permitted under the conditional use permit is discontinued for a period of more than one (1) year.
Said time may be extended by the planning commission or planning/community development director manager one (1) time for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning/community development director manager prior to the expiration date.
J. Revocation. If any of the conditions of the conditional use permit are not complied with, the planning commission or planning/community development director manager, after written notice to the permittee and a noticed public hearing, may revoke the conditional use permit.
K. Additional Requirements. In addition to the provisions set forth above, the following uses shall be subject to additional requirements as set forth below:
. . .
2. Hospitals and Similar Uses. In the cases of hospitals, sanatoria, convalescent homes and other similar buildings and facilities for the treatment of human ailments where facilities are provided for keeping patients overnight or longer, the following provisions shall apply:
a. The public hearing before the planning commission on an application for a building or facility covered by this section shall not be scheduled until the planning/community development department division has referred the application to the Santa Barbara subarea advisory council of the health systems agency, Ventura-Santa Barbara or to its successor or successors.
. . .
11-16-3 Variances.
. . .
C. Jurisdiction.
1. Upon making the findings required under this section, the planning/community development director manager may approve or conditionally approve variances to the regulations contained in this title (and shall hold any required public hearings thereon) up to the 191
following respective percentages of the applicable required feet, parking spaces, square footage or in the case of building height, permitted feet:
. . .
2. Jurisdiction of the Planning Commission. Upon making the findings required under this section, the planning commission may approve or conditionally approve variances to any regulations on land, buildings, and structures, except for the regulations within the jurisdiction of the planning/community development director manager as set forth in subsection (C)(1) of this section.
3. In the event an application is under the jurisdiction of both the planning commission and the planning/community development director manager, the planning commission shall have sole jurisdiction.
D. Application. As many copies of the variance application as may be required shall be submitted to the planning/community development director manager. Said application shall contain full and complete information as required pertaining to the request.
E. Processing.
1. An application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any adopted general plan must be accompanied by an application to make the project consistent. The planning/community development department division may refuse to accept for processing any application the planning/community development director manager finds to be inconsistent with the adopted or pending general plan.
2. The planning commission or planning/community development director manager shall hold at least one (1) noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in section 11-17-4 of this title except the publishing of said notice in a newspaper of general circulation shall not be required.
3. The planning commission or planning/community development director manager, in granting said variance may require such conditions as deemed necessary to assure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
4. The planning commission’s or planning/community development director manager’s action is final, subject to appeal to the city council as provided in title 1, chapter 6 of this code. . . .
11-16-4 Development plans.
. . .
B. Applicability. No permit shall be issued for any development, including grading, for any property located in a zone district in which a development plan is required until a development plan has been approved as provided below in this section with the exception that as provided in section 11-7A1(B)(1) the planning/community development directorplanning manager may waive the requirements of this section if the project involves only a minor alteration, addition or replacement to an existing structure, and/or the additional enlargement of the outdoor patio or seating area of a restaurant, bar, cocktail lounge or wine tasting establishment, and where there is a previously 192
approved development plan on file with the city and the project is in substantial conformance with such development plan.
C. Contents of a Development Plan. As many copies of a development plan as may be required shall be submitted unless otherwise specifically waived by the planning/community development director manager, the information submitted as part of the development plan shall include the following:
. . .
13. Any other data requested by the planning/community development director manager.
D. Processing of a Development Plan.
1. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or any applicable general plan must be accompanied by an application to make the project consistent. The planning/community development director manager may refuse to accept for processing any application that is inconsistent with the general plan.
2. Upon receipt of the development plan, the planning/community development director manager shall process the plan through environmental review. The plan may be concurrently referred to the development review committee and design review committee for review.
However, action on the project cannot be taken until the environmental review process is completed.
3. After a determination and/or preparation of the final environmental document, the planning/community development director manager shall refer the development plan to the design review committee and then to the development review committee for review and recommendation to the planning commission.
. . .
E. Plans for Land Use Permit Issued by the Planning/Community Development Director Manager.
As many copies of the development plan as may be required shall be submitted to the planning/community development director manager. The information submitted shall consist of the following:
. . .
7. Any other data requested by the planning/community development director manager.
F. Findings Required for Approval.
. . .
2. The planning/community development director manager shall issue a land use permit for a development plan only if the following findings are made:
. . .
11-16-5 Specific plans.
. . .
C. Contents of Specific Plans.
193
1. As many copies of a specific plan as may be required shall be submitted to the planning/community development director manager.
2. Unless specifically otherwise authorized in writing by the planning/community development director manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
. . .
m. Any other supplementary data requested by the planning/community development director manager.
D. Processing.
1. After receipt of the specific plan, the planning/community development director manager shall process the plan through environmental review. The plan may be concurrently processed to the development review committee, design review committee and planning commission for a preliminary review and input on the project.
2. After a determination and/or preparation of the final environmental document, the planning/community development director manager shall refer the specific plan to the development review committee and design review committee for review and recommendation to the planning commission.
. . .
4. If the planning commission recommends approval, with or without modifications, the matter shall be referred back to the planning/community development department division and city attorney for the preparation of an ordinance adopting the specific plan. The planning commission’s recommendation on the specific plan shall be transmitted to the city council accompanied by a statement of the planning commission’s reasons for such recommendation. . . .
11-16-6 Prior permit compliance on application.
. . .
B. Applicability.
1. All application forms that are required by and processed through the planning/community development department division for applications listed in subsection A of this section shall include a section to be filled in by the applicant that requires the applicant to state whether the applicant uses any of the permits listed in subsection A of this section from the city. If the answer is yes, then the applicant shall provide the following information about all such permits:
. . .
2. The planning/community development department division shall review the information provided by the applicant pursuant to subsection (B)(1) of this section and any other information deemed necessary by the planning/community development department division to verify the information provided by the applicant.
194
3. After the review and verification by the planning/community development department division, if the applicant is found to not be in full compliance with all conditions for such permits previously issued by the planning/community development department division, the planning/community development department division shall so notify the applicant in writing within thirty (30) days of the submission of the application. The application shall be deemed to be incomplete until the applicant is in full compliance with all conditions of all such permits and no further processing of the new application shall occur until the planning/community development department division has adequate proof of full compliance. . . .
C. Appeal.
1. Once an applicant has been notified in writing that the application is incomplete pursuant to subsection B of this section, then the applicant shall have the right to appeal the determination of the planning/community development department division by requesting a hearing conducted by the city manager.
2. The appeal filed pursuant to subsection (C)(1) of this section shall be filed with the city manager within thirty (30) days of the date that the planning/community development department division’s notice to the applicant is dated, or mailed, whichever date is later.
3. The appeal shall include any and all information and documentation that the applicant will submit to the city manager in support of applicant’s claim that the planning/community development department division’s determination is incorrect. Applicant shall submit a copy of the appeal to the planning/community development department division at the same time as filing with the city manager.
4. Within ten (10) days of the filing of the appeal by the applicant, the planning/community development department division shall submit any and all information and documentation to the city manager and applicant which the planning/community development department division relied on in support of the determination made pursuant to subsection (B)(3) of this section.
5. The city manager shall notify the applicant and the planning/community development department division of a date for a hearing of the appeal within thirty (30) days of the date the appeal is filed. The hearing date shall not be more than sixty (60) days from the date the appeal was filed.
6. The hearing shall be held at a place and a time designated by the city manager, the hearing may only be continued at the request of the applicant. The applicant and the planning/community development department division shall submit their respective evidence and documentation at the hearing.
. . .
11-17-2 Fees.
The city council shall establish by resolution a schedule of fees for processing the various applications required by this title. All required fees shall be paid at the time of filing the application with the planning director manager and no processing shall commence until the fee is paid. 11-17-3 Ordinance text amendments/rezones.
195
. . .
C. Zoning Ordinance Text Amendments.
. . .
2. Processing.
a. As many copies of an ordinance amendment application as may be required shall be submitted to the planning/community development director manager if initiated by a person or persons other than the city council or planning commission. b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the adopted general plan must be accompanied by an application to make the project consistent. The planning/community development department division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning/community development director manager shall process the application through environmental review.
. . .
D. Rezones (Zoning Map Amendments).
. . .
2. Processing.
a. As many copies of a rezone application as may be required shall be submitted to the planning/community development director manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the general plan must be accompanied by an application to make the project consistent. The planning/community development department division may refuse to accept for processing any application that is inconsistent with the general plan. c. The planning/community development director manager shall process the application through environmental review.
. . .
11-17-4 Public hearing notices.
. . .
C. Large Family Childcare Permits. For large family childcare permits, not fewer than ten (10) days prior to the date on which the decision will be made on the application, the planning and community development director planning manager shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family daycare home. No hearing on the application for a permit issued pursuant to this subsection shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. 196
D. Contents of Notice. The notice shall contain the following information:
. . .
2. The planning/community development director manager number assigned to the application.
. . .
11-17-5 Appeals.
[See Attachment B]
11-17-6 Reapplications.
[See Attachment D]
11-17-7 Enforcement and penalties.
. . .
B. Investigation. The planning/community development director manager, or any person authorized by the planning/community development director, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this title. If a violation is determined to exist or to be impending, the planning/community development director manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.
1. Planning/Community Development Director Manager Defined. As used in this section, the terms planning/community development director manager refers to the planning/community development director manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning/community development director manager to act on his or her behalf.
2. Cooperation of Other Officials. The planning/community development director manager his or her agents may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.
3. Right of Entry and Inspection. The planning/community development director manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning/community development director manager shall provide adequate identification.
Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
4. Liability. The planning/community development director manager or any other person charged with the enforcement of this title, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the or planning/community development director manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney.
197
C. Work Stoppage. Where any building construction work is being done contrary to the provisions of this title, the planning/community development director manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning/community development director manager.
. . .
E. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning/community development director manager shall refer the matter to the city attorney for appropriate legal action.
F. Legal Actions.
1. Civil Actions.
. . .
b. Injunctive Relief. Whenever, in the judgment of the planning/community development director manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this title or any rule, regulation, order, or permit issued thereunder, and at the request of the planning/community development director manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department planning division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted. c. Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning/community development director manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager’s designee, or planning/community development director manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking. . . .
11-18-2 Definitions.
. . .
DIRECTOR MANAGER. The city of Solvang planning/community development director manager, as defined in Section 2-1-3 of this code, of the planning director manager. . . .
11-18-4 Application procedures in general.
[See Attachment B]
11-18-5 Regulations for facilities subject to a major conditional use permit. [See Attachment B]
198
11-18-6 Regulations for facilities subject to a land use permit. . . .
C. Land Use Permit Application Materials.
. . .
4. Narrative. A written narrative that explains in explicit factual detail why the applicant believes that section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval under the applicable section of this chapter for the proposed change and explain what facts allow the director manager to affirmatively make each finding. . . .
7. Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the director manager.
8. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the director manager. The noise study shall include, without limitation, the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
. . .
D. Findings for Land Use Permit Approval for Existing Wireless Towers on Private Property. The director manager must approve a land use permit application to change an existing wireless tower on private property when the director manager finds all of the following:
. . .
E. Findings for Land Use Permit Approval for Existing Base Stations on Private Property. The director manager must approve a land use permit application to change an existing base station on private property when the director manager finds all of the following:
. . .
F. Findings for Land Use Permit Approval for Altering Facilities in the Public Right-of-Way. The director manager must approve a land use permit application to change an existing wireless tower or base station in the public right-of-way when the director manager finds all of the following:
G. Conditions of Approval Specific to Section 6409(a) Facilities. In addition to all other conditions of approval permitted under state and federal law that the director manager may deem appropriate for a specific change, all land use permits under this chapter, whether affirmatively granted by the director manager under federal directive in 47 USC section 1455(a) or deemed granted by the operation of law, shall include all the conditions of approval as follows:
. . .
H. Land Use Permit Denial Without Prejudice.
199
1. Grounds for a Denial Without Prejudice. The director manager may issue a denial without prejudice for a land use permit when:
a. Based on the materials submitted by the applicant, the director manager cannot make all findings required for the type of proposed change;
. . .
3. Submittal After Land Use Permit Denial Without Prejudice. After the director manager denies a land use permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be immediately allowed to either:
. . .
4. Costs to Review a Denied Land Use Permit. The city shall be entitled to recover the reasonable costs for its review of any land use permit application. In the event that the director manager denies a land use permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a major conditional use permit application or submit a land use permit application for the same or substantially the same change unless all costs for the prior-denied permit application are paid in full.
11-18-7 Independent consultant review.
A. Selection by Director Manager. The director manager may select and retain with the approval of the city manager one (1) or more independent consultants with expertise in telecommunications satisfactory to the director manager and the city manager in connection with any permit review and evaluation.
. . .
C. Independent Consultant Fee Deposit. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the director manager, paid at the time the applicant submits an application. The applicant shall pay all consultant fees before the city may act on a permit application. In the event that such costs and/or fees do not exceed the deposit amount, the city shall refund any unused portion within sixty (60) days after the final building permit is released or, if no final building permit is released, within sixty (60) days after the city receives a written request from the applicant. 11-18-8 Maintenance.
. . .
D. The permittee shall at all times maintain current contact information for all parties responsible for the facility, which shall include a phone number, street address and email address for at least one (1) natural person. All such contact information should be provided to the director manager.
E. A wireless telecommunication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities. If deemed necessary by the city public works department, the permittee shall 200
modify, remove, or relocate its facility, or portion thereof, without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within a reasonable relocation time frame as determined by the director manager. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
F. If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the director manager of the revocation within ten (10) days of receiving notice of such revocation.
11-18-9 Removal of abandoned facilities.
A. Any facility whose permit has expired or whose permit has been terminated by the city or that is not operated for a continuous period of one hundred eighty (180) days shall be deemed abandoned, and the owner of the facility shall remove the facility within ninety (90) days of receipt of notice from the director manager notifying the owner of the abandonment.
B. If the facility is not removed within the ninety (90) day period, the director manager may remove the facility at the permittee’s, facility owner’s, or landowner’s expense pursuant to the city’s abatement procedures.
. . .
11-18-10 Ownership transfers.
Upon transfer of an approved wireless telecommunication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty (30) days of such transfer provide written notification to the director manager of the date of the transfer and the identity of the transferee. The director manager may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.
11-18-11 Permit terms and conditions.
A. Each permit issued, except permitted uses pursuant to this chapter, shall be issued for a period of ten (10) years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the director of community development manager. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of section 11-18-9 of this chapter.
. . .
201
11-18-12 Exception from standards.
Notwithstanding the provisions of this chapter, one (1) or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the director of community development manager a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service.
Exceptions shall be subject to the review and approval of the planning commission and city council.
The burden is on the applicant to prove significant gaps and least intrusive means as required herein. 12-1-5 Designation of responsibility.
. . .
B. Planning/Community Development Director Manager. The planning/community development director manager shall be responsible for processing subdivisions, for notifying and furnishing information to the affected persons and agencies as provided herein, for presenting material and data to the advisory agency and city council where required, for making recommendations relative to the design of the subdivision and for ensuring compliance with the conditions of approval and the requirements of this title pertaining to design of the subdivision. . . .
12-3-2 Tentative maps.
A. Submission of Map. Sixteen (16) copies of the tentative map, prepared in accordance with the Subdivision Map Act and the provisions of this title shall be submitted to the planning/community development director manager who shall examine such map and accompanying material for compliance with the law and with this title.
B. Acceptance by Planning/Community Development Director Manager. If the planning/community development director manager finds that all requirements of the law and of this title are met as to form and as to the date and information to be shown thereon and furnished therewith, he or she shall stamp, date and sign all copies of the map and the map shall be considered received as of the date so shown. The planning/community development director manager shall not find that the requirements of the law have been met unless the tentative map is accompanied by an approved negative declaration (ND) or environmental impact report (EIR) covering the proposed land division or a claim that the proposed land division qualifies under a categorical exemption has been approved by the planning/community development department division.
C. Accompanying Documents. At the time a tentative map is submitted to the planning/community development director manager, it shall be accompanied by:
. . .
202
3. Eight (8) copies of a letter addressed to the advisory agency requesting approval of the tentative map and submitting essential information concerning the following:
. . .
d. Other utilities which are to serve the subdivision. The subdivider shall submit with the tentative map a copy of a letter to each utility company and agency requesting submission of utility easement requirements to the planning/community development director manager and a copy of the reply of each affected utility company and agency. The subdivider shall be responsible for furnishing all maps required for review by utility companies and public agencies;
. . .
D. Copies Forwarded to Agencies. After endorsing all copies of the tentative map as having been received, the planning/community development director manager shall immediately forward copies of the map and accompanying letter as follows:
. . .
9. Planning/community development department division (1 map, 1 letter); . . .
G. One (1) copy of the approved tentative map, together with a statement of the action of the advisory agency, including any conditions under which the map was approved, shall be forwarded by the planning/community development director manager to the city council and to the division of real estate.
12-3-3 Form and requirements of tentative map.
. . .
E. Prior to recordation of the final map, the subdivider shall furnish the following information to the city manager, the city manager’s designee, the city engineer, the planning/community development director manager, flood control engineer and building official:
. . .
12-4-2 Minor subdivisions.
. . .
C. Lot Split Plats.
1. Twelve (12) prints shall be submitted to the planning/community development director manager; such prints shall be accurately drawn to scale of one (1) inch equals one hundred (100) feet or larger or such other scale approved by the subdivision committee and shall be on paper not larger than eighteen (18) by twenty-six (26) inches in dimensions. The prints shall be accompanied by two (2) copies of a “lot book guarantee” from a title insurance company showing the record owner or owners and the recording data of the most recent deed and of trust deeds on the property. . . .
203
E. Action. All lot split plats shall be approved, conditionally approved or disapproved by the planning commission within fifty (50) days of the date of filing such map with the planning/community development director manager.
. . .
12-4-5 Vesting tentative maps.
A. Approval of Vesting Tentative Map. A tentative map filed in compliance with the provisions of this title may be approved or conditionally approved as a vesting tentative map if it is in conformity with the provisions this chapter and with the applicable provisions of Government Code title chapter
4.5, division 2, title 7, commencing with section 66498.1. Such map shall have printed conspicuously on its face the words “Vesting Tentative Map” in compliance with Government Code section 66452.
B. Development Rights and Procedures. A vesting tentative map approved pursuant to this chapter shall be subject to all the provisions, procedures and restrictions of Government Code title chapter
4.5 (Development Rights) of division 2 of title 7. The rights conferred by a vesting tentative map as provided herein shall last for an initial period of two (2) years beyond the date of the recording of the final map. This two (2) year time period may be extended by the planning commission for an additional one (1) year in accordance with Government Code section 66452.6 by application filed with the planning/community development director manager prior to the expiration of the initial time period.
Except as otherwise set forth in this chapter, or as required or provided by law, all the provisions of this title shall apply to the procedures, requirements, conditions and approvals of vesting tentative maps.
. . .
12-6-12 Changes and modifications.
A. Proposed Change to Uses Not Permitted by Zoning. Whenever property is proposed to be subdivided for a use or purpose different from that permitted by the applicable zoning regulations, or which is in conflict with the general plan, a formal request for rezoning of the subject property to appropriate zone districts, and where deemed appropriate by the planning/community development director manager, a formal request for amendment of the general plan shall be filed concurrently with the filing of the tentative subdivision map. No tentative subdivision map shall be approved unless and until appropriate changes in zoning regulations to permit the proposed use and purposes of such subdivision have first been recommended and acted upon by the advisory agency in the first instance and by the city council where its action is needed.
. . .
12-7-4 Procedures.
A. It shall be the responsibility of all persons desiring to subdivide land in the city, and of their agents and representatives, to inform the city engineer in writing of the exact boundaries of the land proposed to be so subdivided. Topographical maps may be required to be submitted wherever deemed appropriate by the engineer, the planning/community development department division or subdivision committee of the city. Further, the planning/community development department division shall notify the city engineer in writing of all formal written applications for the subdivision of land and the boundaries thereof forthwith upon receipt of such applications. . . .
204
12-8-1 Subdivision committee.
. . .
B. Members. The subdivision committee shall have the following members: the planning/community development director manager,; city engineer; city manager or city manager’s designee; flood control engineer; county health officer and the fire chief or their designated representatives. Other city officers and their assistants and deputies may sit as advisory members. . . .
12-8-2 Building and zoning permits.
Compliance with this chapter is a condition precedent to the issuance of a building permit or zoning permit by any person authorized to issue such permits in the city. Building permits and zoning permits issued without prior compliance with this chapter are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building official and planning/community development director manager to notify the person to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with. (Ord. 86-37, 1986) 12-8-6 Lot line adjustments.
. . .
C. Application Process. A property owner or his or her representative shall submit an application to the office of the planning/community development director manager. The application form and specifications shall be as established by the community development planning department division of the city of Solvang. Application and processing fees shall be as established by the city council of the city of Solvang. An informal hearing process may be established, if necessary.
D. Review by Local Agency. The planning/community development director manager shall have authority to review and approve a tentative lot line adjustment. Said review and approval shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances.
The planning/community development director manager shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the city’s zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.
If the scale and nature of the requested lot line adjustment (e.g., the number of acres and/or parcels) would, in the opinion of the planning/community development director manager, raise questions as to consistency with the purpose and intent of the lot line adjustment in relation to the city’s general plan and/or zoning code, the planning/community development director manager shall have the authority to refer the requested lot line adjustment to the planning commission for an informal public hearing.
. . .
E. Appeal Process. Any determination by the planning/community development director manager or other staff member with regards to a lot line adjustment may be appealed to the planning commission for their consideration. The appeal must be filed in writing, with the applicable fee 205
deposit, within fifteen (15) calendar days of the staff determination. The appeal will be scheduled for consideration at the earliest feasible date.
. . .
Recommended Code Amendments to Clarify
the Design Review Committee’s Powers
Title 2 Boards and Commissions, Chapter 1 Planning Commission 2-1-4 Duties and responsibilities.
A. General. The planning commission shall have the responsibilities for:
1. Developing, preparing, periodically reviewing, revising and maintaining the general plan;
2. Implementing the general plan through actions including, but not limited to, the administration of specific plans and subdivision ordinances;
3. Annually reviewing the capital improvement program of the city and the local public works projects of other local agencies for their consistency with the general plan, pursuant to Government Code section 65400 et seq.;
4. Preparing, adopting and recommending to the city council plans and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the general plan;
5. Acting as an advisory agency for the city council in connection with the Subdivision Map Act;
6. Investigating and recommending plans to the city council for the improvement and beautification of the city, including matters such as the opening, straightening, widening, closing of or parking on streets, improvement and development of public streets, improvement and development of public buildings and works, the subdivision of lands and the supplementation or the change of zoning regulations and districts;
7. Promoting the public interest in, comment on and understanding of the general plan and regulations relating to it;
8. Consulting with and advising public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens concerning implementation of the general plan;
9. Promoting the coordination of local plans and programs with the plans and programs of other public agencies;
10. Reviewing and approving, disapproving or conditionally approving, or providing recommendations to city council, all applications submitted for development plans, conditional use permits, tentative map, specific plans, and any other application as specifically provided under this code.
11. When reviewing and approving, disapproving or conditionally approving, or providing recommendations to city council, on any application for which the design review committee has provided advice and recommendation to the planning commission, the planning commission shall defer to the design review committee’s advice and recommendations made pursuant to the design review committee’s authority under Section 2-4-4, unless specific circumstances warrant otherwise. If such specific circumstances exist, the planning commission 206
shall explain why any deviation from the design review committee’s advice and recommendations is warranted and how any deviation is in compliance with the design guidelines. The planning commission shall send an application to the design review committee for further review when the planning commission determines there have been changes significantly effecting the design of the project.
1210. Such other functions and duties as imposed by law or as the city council may provide.
B. Board of Zoning Adjustment. The planning commission shall act as a board of zoning adjustment and shall have all responsibilities and all duties as may be imposed by law or by the city council.
C. Employment and Liability Restrictions. The planning commission shall have no authority to employ any person or incur any liability on behalf of the city.
Title 2 Boards and Commissions, Chapter 4 Design Review Committee 2-4-4 Duties and responsibilities.
A. General. The design review committee shall have the responsibilities for:
1. Developing aesthetic standards and/or requirements for properties within the village area of the city for review and approval by City Council;
2. Acting as an appeal board as specifically provided under the applicable sections of titles 2, 5, 8, 10 and 11 of this code, including Section 5-3-4 and 11-13-12;
3. Holding regular meetings and specific hearings as provided in this section or under the applicable sections of titles 2, 5, 8, 10 and 11 of this code;
4. Rendering its advice and recommendation to the planning commission on the color, design, exterior architecture of buildings, landscaping, and exterior lighting aspects of any application for a development plan, conditional use permit, tentative map, specific plan or other planning commission approval;
5. Reviewing and approving, disapproving or conditionally approving all applications submitted for any sign requiring design review committee approval as specifically provided under the city’s sign regulations, including Title 11, Chapter 13, and the applicable zoning district regulations;
6. Reviewing and either (i) approving, disapproving or conditionally approving all applications submitted to the design review committee for the following, or, (ii) if the application will be reviewed and approved, disapproved or conditionally approved by the planning commission or the city council upon recommendation from the planning commission, providing recommendations and advice to the planning commission on for the following:
a. Any structure or sign requiring design review committee approval as specifically provided under the applicable zoning district regulations or the city’s sign regulations, a. Any alteration to a landscaped area requiring design review committee review under Section 11-4-7;
b. Any landscaping plan requiring design review committee review under Section 11-7A5; c. Any mobile home roof overhang requiring design review committee waiver pursuant to Section 11-12-11;
d. Any solar panels in the Tourist Related Commercial District requiring design review committee review pursuant to Section 11-12-13;
207
e. Any exterior lighting requiring design review committee review under Section 11-12-18; f. Any telecommunication facility requiring design review committee review pursuant to Title 11, Chapter 18;
gb. Any other application, sign, or design requiring design review committee approval as specifically required by the city manager, city manager’s designee, planning manager planning/community development director, planning commission or city council or as specifically required under the applicable sections of titles 2, 5, 8, 10, 11 of this code; c. Any use, structure, sign, development, design, or activity requiring design review committee approval or waiver as specifically required under the applicable sections of titles 5, 8, 10, and 11 of this code;
7.5. Performing all review and approval functions as specifically provided under the applicable sections of titles 5, 8, 10 and 11 of this code or designated to the former design review committee any predecessor body under any authority;
8. Determining design standards as specifically provided under Section 5-2-3, 8-5-5 and 10-1-4 and any other applicable sections of titles 5, 8, 10, and 11 for review and approval by City Council;
96. Rendering its advice on color, design, exterior architecture of buildings and structures, landscaping, exterior lighting, and signs to the planning commission or city council when requested to do so by the city manager, planning commission, or city council.
B. Filing Application. Prior to the issuance of any permits for any development, use, activity, structure or sign subject to design review committee review, whether the design review committee is reviewing and approving, disapproving or conditionally approving an application, or reviewing and providing recommendations to the planning commission on an application, the applicant shall file as many copies of the relevant design review committee application and project plans, as well as additional materials (color and texture chips, etc.) as may be required with the planning division planning/community development director. The plans shall include the information and details required by the planning/community development department division. An application for approval of a sign shall contain the information required by the city’s sign regulations or ordinances, including Title 11, Chapter 13.
C. Findings Required for Approval. The design review committee shall make the following findings before approving any application:
. . .
DC. Exceptions. Approval of the design review committee is not required for the following:
. . .
6. Any other exterior alteration to be determined to be minor by the planning/community development director manager.
11-4-7 Landscaped areas.
Landscaped areas shall be maintained in the location where such exist on the effective date of these regulations, July 23, 1990. Any alteration to landscaped areas in the multiple-family, commercial, office and industrial districts for the purpose of removal of such areas for replacement with paving, hard surface or gravel shall first be reviewed and approved by the city’s design review committee or, if part of an application to the planning commission, by the planning commission with recommendation from the design review committee.
208
11-7A-3 Conditional uses.
A. Uses Permitted with a Major Conditional Use Permit.
. . .
7. An enlargement or expansion of more than six hundred fifty (650) square feet to an existing single-family residence, or a reconstruction of an existing single-family residence due to damage which costs seventy-five percent (75%) or more of the replacement value of the single-family residence at the time of the damage, as determined by the planning/community development director manager, subject to the standards listed in subsection (B)(6) of this section. For the purposes of this provision, the term “reconstruction” shall mean the replacement of any structure that is damaged by fire, flood, earthquake or other natural disaster and is reestablished to the same or lesser size and in the same location within twelve (12) months of the time of the damage and is diligently carried to completion.
8. An existing residential use which is converted to a commercial use and such commercial use is either a permitted use within this district or is permitted with a minor conditional use permit within this district. Such converted use shall also be subject to review by the design review committee. Such converted use shall comply with the following criteria:
. . .
m. Bike racks shall be installed and shall be attractively designed to complement the architecture of the building. The design review committee shall review and provide recommendations to the planning commission on the location, design and number of bike racks shall be approved by the design review committee. . . .
11-7A-5 Additional regulations.
A. Parking. As required in chapter 11 of this title, except that required parking spaces may be provided in publicly owned parking lots subject to approval of the availability of the parking spaces by the Planning/Community Development Director planning manager.
B. Landscaping. For developments not requiring a development plan, a landscape plan shall be approved by the Planning/Community Development Director planning manager and installation and maintenance guaranteed by performance securities as set forth in section 11-12-19 of this title. All parking areas shall be landscaped as required under chapter 11 of this title. . . .
D. Landscaping of Discontinued Automobile Service Stations. A discontinued automobile service station that is not properly landscaped is hereby declared to be a continuing public nuisance.
Therefore, within five (5) working days of the discontinuance of the use of an automobile service station, or within ten (10) days of the effective date of this subsection, whichever is later, the owner of the property shall submit a plan to the city for the landscaping of the automobile service station site. The plan shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, for consistency with the following standards:
. . .
2. The plan, as approved by the design review committee, or if part of an application considered by the planning commission, as approved by the planning commission after recommendation from the design review committee,shall be constructed within thirty (30) days of approval, or within such greater time period as may be allowed by the approving bodydesign 209
review committee. Unless otherwise authorized by the approving bodydesign review committee, all elements of the plan, including landscaping and irrigation, shall be kept and maintained in a clean, neat and repaired condition at all times. . . .
11-12-10 Use of trailers and recreational vehicles
. . .
G. Temporary Use of Containers. Temporary use of large storage and/or moving containers (e.g., cargo containers, PODs, portable storage trailers, etc.) shall be permitted for up to fourteen (14) days provided notification has been given to the planning departmentdivision. 11-12-11 Mobile homes on foundations.
Where permitted in the applicable districts, mobile homes which are certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) and constructed on a permanent foundation system, pursuant to Health and Safety Code section 18551, shall be subject to the following requirements.
A. The mobile home shall have a roof overhang unless waived by the design review committee, or, if part of an application considered by the planning commission, unless waived by the planning commission after recommendation by the design review committee, because the absence of a roof overhang would be appropriate and of good design in relation to other structures on the site and in the immediately affected surrounding area.
B. Roofing and siding shall be nonreflective.
C. Siding shall extend to the ground level.
11-12-13 Energy products and facilities.
A. Solar Panels.
1. Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub, as specified under the primary plumbing code and the solar energy requirements of this code.
The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system.
2. When solar panels or solar heating systems are proposed to be located on the roof of an existing building or structure within the Tourist Related Commercial District (TRC), or on the grounds of a parcel within the TRC, a major conditional use permit shall be required. The city council finds that issuance of a nondiscretionary permit for solar panels as required by Government Code section 65850.5(b) would result in the following specific adverse impacts on the public health and safety: the Danish/Northern European character of the TRC, a defining and essential characteristic of the city, vital to its continued desirability as a tourism destination would be dramatically diminished through the unregulated installation of solar panels on buildings or the grounds of buildings with the TRC. The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system.
210
3. The location and appearance shall be reviewed by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4, unless the solar system meets the definition of a small residential rooftop solar energy system. . . .
11-12-18 Exterior area lighting.
All exterior lighting shall be used to illuminate areas to provide nighttime safety and security while conserving energy, protecting the night sky, minimizing glare and light trespass, and shall not be directed toward any area zoned or developed for residential, mixed use or hotel/motel uses.
Architecturally attractive exterior lighting will protect the beauty of Solvang’s natural setting, and enhance its Danish/Northern European architecture and small town character. . . .
D. The design review committee shall rReview of proposed lighting by design review committee shall be per pursuant to the requirements of this title and the design review committee design guidelines and consistent with the design review committee’s duties and responsibilities in section 2-4-4.
In the absence of clear direction, the planning/community development director planning manager is charged to make a final determination as to what constitutes exterior lighting. 11-17-5 Appeals.
. . .
B. Appeals to the Planning Commission.
1. The decisions of the planning/community development director manager on the issuance, revocation or modification of land use permits may be appealed to the planning commission by the applicant or any interested person adversely affected by such decision. The appeal, which shall be in writing, and accompanying fee must be filed with the city clerk within ten (10) calendar days or the date of the decision of the planning/community development director manager.
2. The appellant shall state specifically in the appeal how the decision of the planning/community development director manager is inconsistent with the purpose of this title, or the error or abuse of discretion committed.
3. Prior to the hearing on said appeal, the planning/community development director manager shall transmit to the planning commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision.
4. The planning commission hearing shall be de novo and the commission shall affirm, reverse or modify the decision of the planning/community development director manager at a public hearing. At least ten (10) calendar days before the public hearing, written notice of the time and place of such hearing including a general description of the matter to be considered shall be published a newspaper of general circulation in the city and circulated in the area affected by the application and shall be mailed and delivered to:
. . .
C. Appeals to the City Council.
211
1. The decisions of the planning commission, planning/community development director planning manager (except where the same is appealable applicable to the planning commission under subsection B of this section), or planning commission, or the design review committee, may be appealed to the city council pursuant to title 1, chapter 6 of this code by the applicant or any interested party adversely affected by such decision.
2. The decisions of design review committee on signs or other applications for which the design review committee is the final decision making body may be appealed to the city council pursuant to title 1, chapter 6 of this code by the applicant or any interested party adversely affected by such decision. The design review committee’s advice and recommendations to the planning commission on an application that will be reviewed and approved, disapproved or conditionally approved by the planning commission are not separately appealable from the planning commission’s final decision on such application.
3. At least ten (10) calendar days before the public hearing and including a general description of the matter to be considered, notice shall be published in a newspaper of general circulation in the city and shall be mailed or delivered to:
. . .
42. Appellants shall be entitled to raise and appeal to the city council only issues that were raised before the officer, board or commission whose decision is being appealed. . . . 11-18-4 Application procedures in general.
A. Permits. All new facilities and collocations or modifications to existing facilities shall require a permit in accordance with this chapter.
1. Major Conditional Use Permit and Land Use Permit. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a land use permit in section 11-18-6(D) through (F) of this chapter, shall be subject to the approval of a major conditional use permit in compliance with section 11-16-2 of this title and subject to the approval of a land use permit in compliance with section 11-16-1 of this title, in addition to review by the design review committee, consistent with the design review committee’s duties and responsibilities in section 2-4-4. Review by the design review committee is limited to visual aesthetics and design, landscaping including screening and fencing, and site lighting.
2. Land Use Permit. All collocations or modifications to existing facilities that meet the findings of approval for a land use permit in section 11-18-6(D) through (F) of this chapter shall be subject to review by the director manager.
. . .
11-18-5 Regulations for facilities subject to a major conditional use permit.
A. Major Conditional Use Permit Application Materials.
. . .
2. Independent Consultant Deposit. An independent consultant deposit, if required, as the director manager may establish to reimburse the city for its costs to retain one (1) or more independent consultants to review the land use permit application. . . .
212
9. Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the director manager.
10. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the director manager. The noise study shall include without limitation the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
. . .
B. Guidelines and Standards in General.
1. Location Guidelines.
. . .
2. Stealth and Concealment Techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened appropriately as determined by planning commission on recommendation from the design review committee. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating fauxtree designs of a kind substantially different than the surrounding live trees.
3. Landscaping. All facilities shall include a landscaped buffer at least four (4) feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained for the life of the project. The planning commission on recommendation from the design review committee may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.
Recommended Code Amendments to
Clarify Appeal Bodies
11-13-12 Sign Permits – Applications and Processing Procedures.
A. Application and Fee.
1. Any person desiring to construct, maintain or display a sign for which a land use clearance is required shall submit an application, the necessary submittal fee and submittal requirements to the planning departmentdivision. An application form and a list of submittal requirements shall be provided by the planning departmentdivision. The fee shall be set by resolution of the city council.
2. Except for the signs stated in section 11-13-4 of this chapter, on any parcel of land within the city, no sign shall be erected, applied, installed, affixed, altered, relocated or projected as an 213
image and no copy shall be changed, except on approved changeable copy signs, without a land use clearance first issued by planning director manager or designee.
3. Certain signs requiring a land use clearance may be approved by the planning director manager without any further discretionary review by the design review committee. Any such signs that may be approved by the planning director manager shall be determined by the design review committee in their guidelines as approved by the city council and as stated in section 11- 13-11 of this chapter. The planning director manager may refer any such signs to the design review committee.
B. Processing Applications.
1. The planning department division staff shall review the application and materials and determine completeness within five (5) working days from the date of filing. For signs allowed to be approved by the planning directormanager, action to approve, conditionally approve or deny the application shall be within ten (10) working days from the acceptance date of the application.
2. No sign application will be accepted if any of the following provisions apply:
. . .
b. The sign permit application is substantially the same as an application previously denied by the planning director manager, or the design review committee, or on appeal by the city council, unless:
. . .
F. Appeals. The applicant or any interested person may appeal decisions concerning sign applications as follows:
1. Appeals to the Design Review Committee. Any action regarding signs by the planning director manager may be appealed by the applicant or any interested party to the design review committee. Said appeal shall be in writing, shall state the reasons for the appeal and shall be filed with the planning departmentdivision within ten (10) calendar days of the decision. A hearing shall be held by the design review committee within thirty (30) days of the date of the filing of the appeal.
2. Appeals to the Planning Commission City Council. Any action of the design review committee may be appealed by the applicant or any interested party to the planning commission city council, pursuant to title 1, chapter 6 of this code.
3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later than ninety (90) days after notice of a city council decision.
G. Expiration. An application which has been approved by for which no land use clearance has been issued, shall expire after six (6) months from the date of approval. A six (6) month extension may be granted by the planning director manager if the application is in substantial compliance with the approved application.
11-13-13 Modifications.
214
. . .
B. Applications. Applications for modifications shall be made to the planning/community development department division on forms provided thereof. A list of necessary application materials shall be provided by the planning/community development department division. All applications shall contain the information as required by the planning director manager. Applications shall be signed by the owner of the property on which the sign is to be placed or by the tenant of said property with a statement of consent to the approved modification signed by the owner of the property.
. . .
E. Appeals. Any decision of the design review committee on a modification may be appealed by the applicant or any interested party to the planning commission city council, pursuant to title 1, chapter 6 of this code.
11-13-14 Exceptions to Sign Standards.
. . .
B. Applications. Applications for exceptions shall be made to the planning departmentdivision on forms provided thereof. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to design review committee and shall include the reasons for the request. All applications shall contain the information as required by the planning director manager.
. . .
G. Appeals. Any decision of the design review committee on an exception may be appealed by the applicant or any interested party to the planning commission city council, pursuant to title 1, chapter 6 of this code.
11-12-7 Business Uses.
A. Location Filming. A temporary land use permit for the use of any property, regulated by this title as background for commercial motion pictures or television may be approved by the planning/community development director manager upon written application of the owner of the property or authorized representative, if the planning/community development director manager finds that the use will not be detrimental to the public safety, health or welfare. The application shall set forth the location of the property, the name of the owner of the property, the name and address of the filming company, the name of a representative of the filming company who will be on the property during the filming and responsible for compliance with any conditions imposed by the planning/community development director manager, the dates of the filming, the hours of the filming, the methods of illumination and the plans for parking the motor vehicles and equipment of the filming company. The planning/community development director manager shall have the right to impose reasonable conditions upon the said location filming in order to protect and preserve the public safety, health or welfare. The applicant or any property owner, whose property is adversely affected by any decision of the planning/community development director manager, may appeal the decision to the planning commission city council as set forth in title 1, chapter 6 of this code.
215
B. Parking Lot Sales. In any C-2 or C-3 District, the operator of an existing retail store, shop or establishment may apply for a temporary land use permit for a parking lot sale. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year exceeds four (4) days, a minor conditional use permit shall be required prior to the issuance of a land use permit. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year does not exceed four (4) days, the application shall be made to the planning/community development director managerfor a land use permit. The planning/community development director manager shall not issue the permit unless a finding is made that the proposed sale will not be detrimental to the public health, safety and welfare and that adequate on-premises pedestrian access and parking will exist during the proposed sale. The planning/community development director manager may impose any reasonable conditions in the permit necessary to protect and preserve the public health, safety and welfare. . . .
Recommended Code Amendments to Address Outdated Provisions and Typographical Errors
10-1-2 Building official designated.
The building official is hereby designated as the building official and building code official for the city of Solvang. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official. The building official shall be appointed by the planning and economic development director of the city of Solvang city manager. The building official shall have the following duties:
A. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
B. Any other such duty as determined by the city manager or the city manager’s designee. 11-3-1 Definitions
. . .
ACCESSORY DWELLING UNIT. An “accessory dwelling unit” and/or a “junior accessory dwelling unit” as such terms are defined under state law.
. . .
BUILDING OFFICIAL. The city of Solvang building official as designated pursuant to Title 10, Chapter 1, Section 2.
. . .
SECOND RESIDENTIAL UNIT. An attached or detached dwelling unit on a permanent foundation located in a single-family zone district, which provides complete, independent living facilities for one or more persons. A second residential unit shall not be sold or financed separately from the principal structure, but may be rented or leased. It shall 216
include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the principal structure is located. . . .
11-7A-3 Conditional Uses
. . .
B. Uses Permitted with a Minor Conditional Use Permit.
. . .
6. Enlargement or expansion of six hundred fifty (650) square feet or less to an existing single-family residence, or a reconstruction of an existing single-family residence due to damage which costs less than seventy-five percent (75%) of the replacement value of the single-family residence at the time of the damage, as determined by the planning manager planning/community development director, subject to the following standards:
. . .
b. An enlargement, expansion or reconstruction shall be attached to the main dwelling with interior access from reconstruction. The enlargement, expansion or reconstruction shall not be used as a guesthouse, or rental unit or second residential unit.
c. The planning manager planning/community development director shall review the building plans to determine compliance with these standards. The planning manager planning/community development director may require the plans and building to be modified so that the potential for addition of a rental unit or second residential unit is precluded. Such action may include, but not be limited to, the removal of kitchens, showers, baths and walls.
. . .
11-11-7 Required number of parking spaces
A. General Requirements.
. . .
7. Where the parking requirement for a use is not specifically defined in the applicable district or this chapter, the parking requirement shall be determined by the planning/community development director manager based upon the requirement for the most comparable use specified herein.
. . .
B. Residential. Parking spaces to be permanently maintained on the same building site on which the dwelling(s) is located.
Single-family dwellings 2 spaces per dwelling unit, both of which shall be located in a private garage
Two-family dwellings 2 spaces per dwelling unit
Multiple dwelling units
217
Mixed use developments with housing
units reserved for senior citizens located
in TRC, C-2 and PO Zone Districts
0.33 space per unit
Mixed use developments with
affordable housing units for low and
very low income households
0.5 space per unit
Single bedroom or studio dwelling unit 1 space per dwelling unit 2 bedroom dwellings 2 spaces per dwelling unit. Such spaces shall be located within 200 feet from the building served by such spaces 3 or more bedroom dwellings 2.5 spaces per dwelling unit, located as required for 2 bedroom dwellings above
Visitor parking 1 space per 5 dwelling units
Guesthouses 1 space per guesthouse
Mobile homes in mobile parks 2 spaces per site which may be tandem, and 1 space for every 3 sites for guest parking
Boarding and lodging houses 1 space per 4 bed spaces and 1 space per 2 employees Retirement and special care homes 1 space per guestroom and 1 space per 2 employees Accessory Dwelling Unit Second residential
units
As required under state law1 uncovered off-street
parking space shall be provided on the same lot that the residential second unit is located on for:
1. Each bedroom in the second residential unit
2. Each studio unit
Emergency shelters 1 space per 7 beds and 1 space per employee . . .
11-12-4 Second Residential Units Reserved
[section deleted in its entirety]
11-17-6 Reapplications.
No application shall be accepted nor acted upon if within the past one (1) year, substantially the same application has been made and denied by the planning commission, the design review committee, the planning/community development director manager or the city council, unless the city council permits such reapplication because of an express finding that one (1) or more of the following applies:
. . .
11-6B-1 Purpose and intent.
The purpose of the DR Design Residential District is to provide standards for traditional multiple residences as well as allowing flexibility and encouraging innovation and diversity in the design of 218
residential developments by allowing a wide range of densities and housing types while requiring the provisions of open space within new residential developments. The intent is to ensure comprehensively planned, well designed projects.
No permits for development, including grading, shall be issued except in conformance with an approved final development plan as provided in section 11-16-4 of this title and with land use permits in section 11-16-1 of this title., except as follows. For projects of sixteen (16) units or less of all types of multi-family housing, the planning and community development director shall be the decision maker on the overall project. Planning and community development director projects shall be subject to all development plan requirements. and must obtain approval by the design review committee. Modifications may be granted by the planning commission or city council pursuant to this article.
11-7B-1 Purpose and intent.
. . .
B. Processing.
. . .
2. Minor alterations or additions shall be permitted without development plan review, provided that the alteration or addition does not exceed three hundred (300) square feet or the squarefootage requirement for one parking space pursuant to Section 11-11-7, on reasonable conditions imposed by the planning director manager without full development plan review.
Notwithstanding the foregoing, minor alterations or additions shall require development plan review if Ssuch additions shall not exceed one (1) every two (2) years or a cumulative total of one thousand five hundred (1,500) square feet over the life of the building or structure subject to the minor alteration or addition. The planning director managershall reserve the right to refer such matters to the planning commission for advice prior to making a final determination. 11-7C-1 Purpose and intent.
. . .
B. Processing.
. . .
2. Minor alterations or additions shall be permitted without development plan review, provided that the alteration or addition does not exceed three hundred (300) square feet or one (1) parking space, subject to reasonable conditions imposed by the planning/community development director manager without full development plan review. Notwithstanding the foregoing, minor alterations or additions shall require development plan review if Ssuch additions shall not exceed one (1) every two (2) years and or a cumulative total of one thousand five hundred (1,500) square feet over the life of the building or structure subject to the minor alteration or addition.
The planning/community development director manager shall reserve the right to refer such matters to the planning commission for advice prior to making a final determination. 11-12-8 Special events Reserved.
[section deleted in its entirety; recommend new language be developed by City Council for insertion elsewhere in the Code]
219
11-16-1 Land use permits.
. . .
D. Processing.
. . .
2. In the case of For a development which requiringes a public hearing and final action by the planning commission, or planning/community development director manager, the planning/community development director manager shall not issue a land use permit within until after expiration of the ten (10) day appeal period provided under calendar days of the date that the planning commission, planning/community development director took final action, during which time an appeal may be filed according to title 1, chapter 6 of this code. 220
v Agenda Item Number: 7
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Jose Acosta, Utilities Director
MEETING DATE: March 14, 2022
SUBJECT: UTILITY RATE STUDY PUBLIC INPUT SUMMARY AND SETTING PROPOSITION 218 HEARING
RECOMMENDATION:
a. Staff recommends Council review and discuss utility rate study public input summary and preliminary rate calculations; and,
b. Set a date for Proposition 218 hearing.
SUMMARY:
The City of Solvang water and sewer rates have not been increased in the last 6-year period since February of 2016. The last utilities rate study was performed in 2011. In 2021, the City commenced the process to seeking a consultant to assist with a thorough rate study. In May of 2021, the City contracted with HDR Engineering to complete the rate study.
The rate study has gone through a preliminary presentation to Council and a public input workshop.
HDR engineering representative Shawn Koorn has modified the rate study based on input from City staff, City Council, and public input. Mr. Koorn will be presenting the rate study inclusive of all input this evening for City Council.
At the conclusion of the presentation Staff is requesting Council to provide direction and set a Proposition 218 hearing for implementation of the proposed rates on June 13, 2022.
DISCUSSION:
The City of Solvang water and sewer rates have not been increased since February of 2016. An RFP for completing a comprehensive water and wastewater study was released in January of 2021. In May of 2021, the City awarded the contract for the study to HDR Engineering, with Mr. Shawn Koorn serving as the lead representative on this project.
The purpose of the rate study is for the following purposes:
- Provide adequate revenue flows allowing city staff to operate and maintain the city’s water and wastewater infrastructure
- Develop equitable, proportional, and cost-based rates, satisfying the requirements of Proposition 218
- Utilizing generally accepted methodologies for development - Demonstrate a sensible financial plan meeting the criteria set forth - The last adjustment for the City’s water and wastewater rates were implemented in 2016. 221
HDR Engineering has collaborated with city staff to compile an initial study which was presented to City Council on November 22, 2021. One of the next steps for HDR Engineering to undertake after the November council presentation was to make a presentation at a public workshop.
On February 12, 2022, City staff and Mr. Koorn held a public workshop for presentation of the rate study. There were several members of the public in attendance at this meeting, in person and via zoom. A few members of the public provided comments, suggestions, and feedback on the presentation. Mr. Koorn and staff gathered this information for collaborative discussion. The presentation this evening is inclusive of feedback from the public, input from city staff and council direction.
The scope of tonight’s presentation is as follows:
- Present the results of the water and wastewater rate study - Discussion of feedback from the public workshop
- Receive Council feedback and direction
- Present and discuss next steps and schedule for the rate study The remaining schedule for the rate study is as follows:
- March 2022 (Tonight) - Council review final study recommendations and set Proposition 218 hearing
- June 13, 2022 - Proposition 218 public hearing and possible rate adoption - July 1, 2022 - Possible rate implementation
At the conclusion of the presentation and discussion by City Council, staff is seeking direction to move forward with the rate study. Council will need to provide staff with direction on setting a date for the Proposition 218 public hearing.
FISCAL IMPACT:
Fiscal impact would be fees associated with posting of the Proposition 218 public hearing and any materials required for public notification.
ATTACHMENTS:
A. Water and Wastewater Rate Study Results and Recommendations Presentation 222
Water and Wastewater
Rate Study
Results and Recommendations
March 14, 2022
223
• Provides sufficient revenue to operate and maintain
City’s water and wastewater infrastructure
• Develop equitable, proportional, and cost-based
water and sewer rates
Meet the requirements of Proposition 218
• Develop the study using generally accepted
methodologies
Tailored to the City’s systems and customer characteristics • Reflect prudent financial planning criteria
Adequate rate funding of capital projects
Meet target reserve ending balances
Maintain legally required debt service coverage
ratios
• Last water and wastewater rate adjustment was in
2 2016
Purpose of the
Rate Study
224
Establishing
Cost-Based
Water and
Wastewater
Rates Rate Design
Design rates for each class of service to meet the revenue needs of the utility, along with the cost of service proportional distribution of costs Cost of Service
Proportionally distributed the revenue requirement between the various customer classes of service
Revenue Requirement
Compares the revenue of the utility to the expenses to evaluate the level of overall rate revenues
3 225
Overview of the
Presentation
4 • Present the final results of the
water and wastewater rate study
Revenue requirement results
Cost of service results
Proposed rates
• Discuss feedback from the public
presentation of the preliminary
recommendations
• Gain Council final input and
direction
• Discuss study next steps and
schedule
226
Revenue
Requirement
Results
227
Overview of
the Revenue
Requirements
• Determines the level of revenue (rate) adjustment
necessary
Compares utility
revenues to expenses
• Maintaining sufficient ending reserve balances
• Attaining target debt service coverage (DSC) ratio
Uses prudent financial
planning criteria
• Five-year rate schedule; ten-year financial plan Reviews a specific time period
• No transfer of funds from other City funds
• Rates support each utility’s operations and capital
Utility is analyzed on a
“stand-alone basis”
• Generally accepted method for municipal utilities Utilizes the “cash basis” methodology
228
• Developed a projection of water and wastewater rate
revenues
Based on current adopted rates and recent customer characteristics • O&M projections are based on the 2021/22 adopted budget Projected over the 10-year period using historical inflationary factors • Capital funding analysis is based on current capital
plans
Includes long-term borrowing to fund large capital needs and smooth annual rate impacts
Includes funding from annual rate funded capital to fund annual renewal and replacement needs
Use of available reserves to fund projects as needed
• Meet target financial planning metrics
Target ending reserve levels (operating and capital
funds)
Maintain adequate debt service coverage ratios
Revenue
Requirement
Key
Assumptions
229
Water Capital
Funding Plan
8 $0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
2022-23 2023-24 2024-25 2025-26 2026-27
Water CIP Summary ($000s)
Total Capital Improvements Rate Funded Capital Operating Fund Capital Fund New Revenue Bonds Long-term borrowing for the river wells project and reservoir 1 expansion Rate funded capital for annual main replacement program 230
Summary of
the Water
Revenue
Requirement
9 231
Wastewater
Capital Funding
Plan
10 $0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
2022-23 2023-24 2024-25 2025-26 2026-27
Sewer CIP Summary ($000s)
Total Capital Projects Total Rate Funded Capital Operating Fund Captial Fund Revenue Bonds SYCSD Funding Long-term borrowing for the WWTP Quality Project
Annual rate funded capital for annual main and manhole replacement, etc. 232
Summary of
the Wastewater
Revenue
Requirement
11 233
Summary of
the Water and
Wastewater
Revenue
Requirement
• Rate revenue adjustments are necessary
Both water and wastewater utilities
• Adjustments are driven by:
Adequate funding for necessary capital improvements
Inflationary increases in operating expenses
• City is anticipating long-term borrowing for
necessary capital improvements
$6.25 million for water in FY 25 – FY 27
$19 million for wastewater in FY 25 - FY 27
• Need to maintain strong financial metrics
Debt service coverage ratios
Prudent reserve fund balances
234
Cost of Service
235
Overview of
the Cost of
Service
What is cost of service?
• Analysis to proportionally distribute the revenue
requirement to the customer classes of service
Why cost of service
• Avoids interclass subsidies
• Revenues reflect costs
• Meet the proportionality requirements of Proposition 218 Objectives of Cost of Service
• Determine if subsidies exist
• Develop average unit costs
14 236
Cost of
Service Key
Assumptions
Water Customer classes
Single Family
Multi-family
Commercial
Irrigation
Primary cost drivers
Average consumption
Peak consumption
Customer (fixed) costs
Results provide the relationship
between current revenues and
current costs
Wastewater Customer classes
Single Family
Multi-family
Commercial - Low
Commercial - High
Primary cost drivers
Total wastewater volumes
Strength of wastewater
Customer (fixed) costs
Results provide the relationship
between current revenues and
current costs
237
FY 22-23 Water Cost of Service Characteristics
16 238
FY 22-23 Water Cost of Service Characteristics (cont’d) 17 239
FY 22-23 Water Average Unit Costs
18 𝑭𝑭𝑭𝑭𝑭𝑭𝑭𝑭𝑭𝑭 𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪 = 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐶𝐶𝐶𝐶𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 ÷ 𝑇𝑇 𝐸𝐸𝐸𝐸 𝐸𝐸𝐸𝐸 𝐸𝐸 𝑀𝑀 ÷ 12 𝑀𝑀 𝑀 $75.08 = $2,892,839 ÷ 3,211 ÷ 12
𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪 𝑪𝑪𝑪𝑪 𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪 =
𝐶𝐶 𝐶𝐶𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶
𝑇𝑇 𝐶𝐶𝐶𝐶𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶 𝐶𝐶𝐶𝐶 𝐶𝐶 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶
240
FY 22-23 Wastewater Cost of Service Summary
19 241
Summary of
the Water and
Wastewater
Cost of Service
• Minor cost differences do exist
Both water and wastewater utilities
• First comprehensive cost of service study in some
time
System and customer characteristics change over time
Need to re-evaluate periodically to revise and reflect results
• Recommend proposed water and wastewater rates
reflect results of the revenue requirement and cost
of service analyses
Meet the intent and requirement of Proposition 218
• First year of proposed rates is a “reset” year
Subsequent years are “across the board” based on the
overall revenue needs
242
Rate Design
243
Reflect the
findings of the
revenue
requirement and
cost of service
analyses
Meet the rate
design goals and
objectives of the
City
Produce sufficient
revenues to meet
the target
revenues of the
utility, and each
class of service
Are cost-based
and proportional
22 Overview of the
Rate Design
244
Current Water Rate Structures
23 Fixed Charge
All customers - varies by service meter
size
Consumption Charge
Single Family – 2-tiered increase blocks
All others (multi-family, commercial,
irrigation) – uniform rate
Evaluating three tier water rate structure
for Single Family
Present
Rates
Fixed Charge
5/8" $75.43
3/4" 113.15
1" 188.58
1 1/2" 377.17
2" 603.47
3" 1,206.94
4" 1,885.84
6" 3,771.68
8” 6,034.69
Consumption Charge
Single Family
0 – 16 ccf $3.45
16 + ccf 4.05
All Others $3.75
245
Proposed Water Rates – Fixed Charge
24 Present
Rates
Proposed
Rates
FY 22-23
Proposed
Rates
FY 23-24
Proposed
Rates
FY 24-25
Proposed
Rates
FY 25-26
Proposed
Rates
FY 26-27
Fixed Charge - $/Month
5/8" $75.43 $75.08 $79.21 $83.57 $88.17 $93.02
3/4" 113.15 112.62 118.81 125.34 132.23 139.50
1" 188.58 187.70 198.02 208.91 220.40 232.52
1 1/2" 377.17 375.42 396.07 417.85 440.83 465.08
2" 603.47 600.67 633.71 668.56 705.33 744.12
3" 1,206.94 1,201.34 1,267.41 1,337.12 1,410.66 1,488.25 4" 1,885.84 1,877.09 1,980.33 2,089.25 2,204.16 2,325.39 6" 3,771.68 3,754.18 3,960.66 4,178.50 4,408.32 4,650.78 8” 6,034.69 6,006.69 6,337.06 6,685.60 7,053.31 7,441.24 Fixed charges are based on the cost of service unit costs (customer costs ÷ equivalent meters) for FY 22-23 246
Proposed Water Rates – Consumption Charge
25 Present
Rates
Proposed
Rates
FY 22-23
Proposed
Rates
FY 23-24
Proposed
Rates
FY 24-25
Proposed
Rates
FY 25-26
Proposed
Rates
FY 26-27
Consumption Charge - $/CCF
Single Family
0 – 16 ccf $3.45 --- --- --- --- ---
16 + ccf 4.05 --- --- --- --- ---
0 – 15 ccf --- $4.08 $4.30 $4.54 $4.79 $5.05
15 – 35 ccf --- 4.62 4.87 5.14 5.42 5.72
35 + ccf --- 5.35 5.64 5.95 6.28 6.63
Multi-Family – All Consumption $3.75 $4.13 $4.36 $4.60 $4.85 $5.12 Commercial – All Consumption 3.75 $4.14 $4.37 $4.61 $4.86 $5.13 Irrigation – All Consumption 3.75 $4.45 $4.69 $4.95 $5.22 $5.51 FY 22-23 consumption charges are based on the cost of service unit costs (Avg./Peak costs ÷ consumption by class/tier) 247
Single Family
Water Bill
Comparison
26 248
Local and Regional Residential Water Bill Comparison
27 249
Fixed Charge
All customers – flat rate
Volumetric Charge
Single Family and Multi-Family – none
Commercial & Industrial – uniform rate
Recommend maintaining current rate structure
Only the level of the rates will be revised
Current
Wastewater
Rate Structure
28 Present
Rates
Fixed Charge
All Customers $34.65
Volumetric Charge $ / CCF
Com & Ind $2.85
Com & Ind – High 7.42
250
Proposed Wastewater Rates
29 Present
Rates
Proposed
Rates
FY 22-23
Proposed
Rates
FY 23-24
Proposed
Rates
FY 24-25
Proposed
Rates
FY 25-26
Proposed
Rates
FY 26-27
Fixed Charge - $/Month
Single Family $34.65 $49.88 $58.61 $68.87 $79.54 $91.87 Multi-Family 34.65 47.90 56.28 66.13 76.38 88.22
Com & Ind 34.65 39.43 46.33 54.44 62.88 72.63
Com & Ind – High 34.65 42.14 49.51 58.17 67.19 77.60
Volumetric Charge - $/CCF
Single Family $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Multi-Family 0.00 0.00 0.00 0.00 0.00 0.00
Com & Ind 2.85 4.06 4.77 5.60 6.47 7.47
Com & Ind – High 7.42 7.89 9.27 10.89 12.58 14.53
251
Local and Regional Residential Sewer Bill Comparison
30 252
Local and Regional Residential Combined Bill Comparison 31 253
Next Steps and
Schedule
254
Gain final feedback and input from the City
Council
Set public hearing for June 13, 2022
Complete connection charge analysis
Present findings and proposed rates and
charges at Public Hearing
March 2022: Council review final study
recommendations and set Prop. 218
hearing
June 13, 2022:Prop 218 hearing and rate
adoption
July 1, 2022: rate implementation
33 Next Steps Schedule
255
Questions and Discussion
34 256
Agenda Item Number: 8
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Rodger Olds, Public Works Director
MEETING DATE: March 14, 2022
SUBJECT: COPENHAGEN DRIVE REOPENING PLAN AND OUTDOOR DINING
TEMPORARY ENCROACHMENT PERMIT PROGRAM
RECOMMENDATION:
Receive staff report, and;
a. Approve Copenhagen Drive re-opening plan.
b. Approve lifting of temporary outdoor dining encroachment program onto public spaces and direct staff to develop a program to permit businesses for expansion of dining spaces onto privately owned spaces.
c. Direct staff to continue to work on a project through the General Plan Update to consider creation of a European Style Plaza either by permanently closing parts of Copenhagen Drive or an alternate downtown location.
DISCUSSION:
In March 2020, the State and the City of Solvang declared a Health Emergency due to COVID-19.
Under the declaration of emergency, the City Council also relaxed City regulations at the time to allow restaurants and wine tasting rooms to operate outdoors. The State regulations changed over time and there are currently no restrictions from the State on indoor dining.
The Federal and State direction to the COVID-19 pandemic appears to be headed in the direction of getting things back to normal with no pandemic related restrictions. It should be noted; however, that there are still some Legislative provision regarding to COVID-19 that remain in effect such as legislative bills that continue to allow outdoor alcohol sales, for example. The State of Emergency also continues to be in effect.
Previous City actions taken to allow restaurants and wine tasting rooms to operate outdoors and to maintain social distancing included:
1. Closed Copenhagen Drive between Alisal Drive and Second Street to vehicular traffic. Preexisting removable bollards, chains and new planters were used to provide the roadway closure.
This closure eliminated one (1) on-street ADA parking space, fifty-nine (59) standard parking spaces and four (4) motorcycle parking spaces. The Downtown Solvang Parking Study indicates that there are 903 total public parking spaces in the downtown area 503 of which are one-street parking spaces. The parking spaces currently unavailable due to the closure are in addition to this inventory.
2. Issued temporary encroachment permits to allow for the use of City right of way for outdoor seating. Nineteen (19) total temporary permits have been applied for and issued, 13 of these permits are for seating and other amenities on Copenhagen Drive.
3. Erected sixteen (16) wooden 8’x12’ pergola structures within the closed roadway. The City also provided ten (10) tables and forty (40) chairs for the use by the public. 257
On February 28, 2022, the City Council directed staff to develop a plan to fully open Copenhagen Drive to the public. Staff has reviewed the requirements to prepare the roadway for reopening which includes the following:
1. Notification to Current Temporary Permit holders indicating the Termination of the permit
2. Allow adequate time for Temporary Permitees to remove privately owned materials
3. Removal of City owns Materials (Pergolas, Tables, Chairs)
4. Clean and Prep Roadway including restriping the on-street parking
5. Remove barriers and reopen the roadway to traffic
Staff recommends a five-week timeframe to complete the entire process. If Council provides direction to staff at this time to begin the process, the date of April 18th will be the target date for full reopening.
If Copenhagen is fully re-opened and outdoor dining permits are revoked, staff also recommends equitably addressing the temporary encroachment permits in other areas of the City and returning to business as usual by revoking the temporary permits for outdoor dining. This would apply to businesses in areas other than Copenhagen Drive but encroaching onto public property.
Further, staff recommends developing a permitting process for businesses that have been operating outdoors by expanding onto private public right of way. Businesses in such situations were not required to obtain a temporary encroachment permit. However, such expansions have expanded onto parking spaces in some instances. The City regulates parking requirements based on type of business and occupancy and requires certain number of parking spaces to be available.
Finally, staff recommends continuing to work on a project through the General Plan Update to consider creation of a European Style Plaza either by permanently closing parts of Copenhagen Drive or an alternate downtown location. Staff is working with the General Plan consultant to perform some preliminary traffic counts around Copenhagen closure to better understand the impacts of the closure on circulation.
ALTERNATIVES:
Staff has prepared the following alternatives for City Council consideration:
Fully Open the Roadway – No On-Street Seating
Re-opening the roadway and revoking the temporary encroachment permits. The City would provide notification to each permitee regarding the revocation of their permit. City staff would immediately remove the provided furniture and pergolas. Ten (10) working days would be provided for businesses who have installed their own amenities to remove them from the roadway. City staff will street sweep the roadway and repaint the on-street parking striping. Staff will reopen the roadway on the morning of April 18th.
Fully Open the Roadway – Allow Privately Owned and Maintained Parklets Through the temporary encroachment permit process, the City could allow businesses to install their own privately owned and maintained parklet facilities. Staff would work with each applicant to ensure proper elements to protect the parklets from traffic and provide ADA accessibility. Private businesses with assurances of a longer-term occupancy may install nicer parklet amenities than are currently provided. The permit process and installation of privately owned and maintained parklets, if allowed, would likely occur over time, which would no coincide with the full opening of the roadway on April 18th.
Fully Open Roadway – City Provided Parklets
The existing pergolas, tables, and chairs could continue to remain in place. The City would be required to install additional elements to the parklets in order to allow for the parklets to remain in place safely once Copenhagen Drive is opened to vehicular traffic. Staff would also work to provide additional ADA compliant ramps.
No Action – Leave Copenhagen Closed Indefinitely and Pursue Full Closure Options 258
This alternative would require some action by City maintenance crews. The installed pergola structures are in need of maintenance and repair. If the pergola structures are to remain on Copenhagen for the foreseeable future, staff recommends maintenance on these structures to improve their durability including securing these structures onto the roadway in order to ensure that they remain in the proper position and orientation.
Permanent continued closure options both short and long term were presented by staff to Council at the regular City Council meeting on February 28th. If Council desires, any of the permanent closure alternatives in whole or in part could be further evaluated and added to the Capital Improvement Plan (CIP).
FISCAL IMPACT:
If the Council directs to remove the pergolas, the City will incur a one-time expense to remove the street furniture, pergolas and restripe the parking. This cost will be somewhat negligible and will be absorbed into the current street maintenance budget.
To install traffic safe parklets, there would be a one-time cost of approximately $5,000 to convert the existing pergolas and street furniture into Parklets. This cost would be to purchase the necessary wheel stops, bollards, and cabling. City maintenance staff would complete the work in order to ensure that installed equipment meets safety requirements. Additionally, there would be a cost of approximately $1,500 to install temporary ADA ramps to connect the roadway and the sidewalk at the provided on-street dining and wine tasting locations. There is also negligible ongoing maintenance cost for the pergola structures and other street furniture. This maintenance cost will also continue should the Council decide to keep Copenhagen Drive closed. If desired, the City could charge the businesses wishing to participate in the program a fee to reimburse for this expense.
The cost to keep Copenhagen Drive closed and provide permanent improvements to that effect have been previously presented to Council, and would depend on the project scope. It should be noted that the outdoor dining allowed businesses to survive during the original closure of the economy in March of 2020. Outdoor dining also allows customers to social distance and eat outdoors, which positively contributes to sales tax and transient occupancy tax collected by the City. Ensuring that long-standing businesses stay in business and maintaining vacancy rate in the downtown is vital to the City’s economy beyond the immediate sales tax impact.
ATTACHMENTS:
None
259
Agenda Item Number: 9
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: March 14, 2022
SUBJECT: SOLVANG PARK IMPROVMENTS
RECOMMENDATION:
That the City Council receive the staff report regarding proposed improvements to the Solvang Park and select preferred improvement option.
DISCUSSION:
The Solvang Capital Improvement Plan (CIP) includes an item for FY 2021/2022 for the Solvang Park Shade Improvements. Staff has reviewed the current state of the park and has initiated improvements to immediately improve the park. The immediate improvements include the re-sod of the easternmost 1/3rd of the park and the replacement of severely uplifted sidewalk along the First Street frontage of the park. This work is on-going.
The re-sod of the park will reestablish grass in much of the high traffic area and previously damaged grass areas in the park, which are near the gazebo. The area to be re-sod will be closed off to public access for 4-6 weeks while the grass establishes itself and becomes ready to heavy foot traffic. This phased approach of renewing the park turf is intended to avoid full closure of the park for up to six weeks. The cost of this re-sod is approximately $15,000 and will be performed in large part by city crews. The sidewalk work is necessary as it is a pedestrian safety concern. y. The work is out for quotation at the time of this writing; however, staff estimates this work to be in the $5,000 to $10,000 dollar range with a hybrid staff and contractor approach. As this is a City public sidewalk, funding for the sidewalk will be taken from the City sidewalk repair funding, not the budget account in the CIP for Solvang Park.
Additionally, staff recommends working towards removing the existing deck near the Park Way alley and replacing it with a hard walkable surface. The intent is to improve walkability in the area, improve visual layout of the park and for this hard surface to allow for a place for vendors to place tents off the park grass. In the past, larger multiday events involve tents to occupy the park for multiple days, which has prohibited the City Parks staff’s from watering the grass during the peak heat and high traffic times of year. This is detrimental to a lush green park turf. The area proposed to be treated with this hard surface is shown schematically below:
Staff has two options for this hard surface to be placed. The first would be to install cement treated Decomposed Granit (DG), which is a compactable and relatively hard surface, but does require some additional maintenance. The installation of this material can be performed by City staff and can be completed within the existing Solvang Park shade Improvement budget. The intent is for the DG surface is to be temporary, until a more permanent permeable concrete paver surface can be installed through a future capital project.
The second preferable option is to replace this area with permeable pavers at this time. Permeable pavers have the benefit of both providing the hard durable walking surface, but also provide an environmental benefit by allowing any surface water to soak into the ground. The price to install the permeable pavers is out for price quotation at the time of this writing; however, staff feels that it is likely 260
that an additional $15,000 would be needed to be added to the existing $40,000 CIP project to pursue this option.
In light of the approved Capital Improvement Project within the current year, staff has also pursued a price for a cantilevered shade structure to be placed in Solvang Park to provide shade to the public picnic tables along the southern edge of the park. The price to provide, deliver, and install the shade structure is $64,891. Adding some potential staff project costs, incidentals and contingency, this would likely be provided within the cost of $75,000. A drawing of the proposed shade structure is below:
ALTERNATIVES:
The City Council may consider the following alternatives for Solvang Park:
1. No Action – Staff will continue with the re-sod of the park, the sidewalk repair, and continue with the removal and replacement of the existing deck and surrounding area with cement treated DG.
This work can be completed within the existing budget for parks maintenance and sidewalk repairs.
2. Permeable Paver - Direct staff to pursue the permeable paver option and add $15,000 dollars from the general fund towards the Solvang Park Shade Improvement project.
3. Shade Structure - Direct staff to pursue the proposed shade structure at Solvang Park and add $35,000 from the general fund towards the Solvang Park Shade Improvement project.
FISCAL IMPACT:
If Council directs staff to pursue the Permeable Paver option, Council should approve a budget adjustment in the amount of $15,000 from General Fund toward this Capital Improvement Project.
If Council directs staff to pursue the Shade Structure, Council should approve a budget adjustment in the amount of $35,000 from General Fund toward this Capital Improvement Project.
ATTACHMENTS:
None
261
Agenda Item Number: 10
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 14, 2022
SUBJECT: SCOPE OF WORK FOR ISSUANCE OF REQUEST FOR PROPOSALS FOR MARKETING SERVICES FOR FISCAL YEARS 2022-24 AND ADDITIONAL
TAC RECOMMENDATIONS
RECOMMENDATION:
That the City Council receive Tourism Advisory Committee (TAC) recommendations unanimously approved at the March 3, 2022, regular TAC meeting and direct staff to:
a. Issue Request for Proposals for Marketing Services
b. Discuss TAC recommendations for Events Permitting and hiring a local Marketing and Events Coordinator and direct staff to return with a plan to implement the recommendations.
DISCUSSION:
City Council directed staff to continue to work with TAC to develop scope of work for Marketing Services in order to issue a competitive bid for marketing services (Request for Proposals) past the expiration of the current marketing contract as of July 31, 2022.
Tourism Advisory Committee appointed a Sub-Committee to work on the scope. The Sub-Committee recommendations were unanimously approved by the entire TAC on March 3rd and are presented to Council for approval.
Staff recommends issuing a Request for Proposals (RFP) with the scope of work presented by the Tourism Advisory Committee. Staff also recommends developing further recommendations to address the scopes of work the TAC has segregated from the general Marketing scope of work, which are Events Permitting and hiring a Marketing and Events Coordinator.
ALTERNATIVES:
Council has full discretion and may provide with any alternative policy direction.
FISCAL IMPACT:
The TAC recommends limiting the budget for Marketing Services as defined in the proposed scope of work to $300,000 per year, which is about half the budget being currently spent.
Additional expenditures will be required to pay for local Marketing and Events Coordinator, which is estimated at approximately $80,000 to $100,000 per year.
The City will also need to allocate expenditures for events such as Julefest. Staff recommends exploring revenue generating options for events that partially offset the cost of holding an event. This has been done in the past.
ATTACHMENTS:
Attachment A – March 3, 2022 Tourism Advisory Committee Staff Report 262
Tourism Advisory Committee STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 3, 2021
SUBJECT: RECEIVE SUB-COMMITTEE RECOMMENDATIONS FOR MARKETING
SERVICES SCOPE OF WORK AND DEVELOP RECOMMENDATIONS
FOR CITY COUNCIL FOR ISSUANCE OF REQUEST FOR
PROPOSALS
RECOMMENDATION:
Receive Sub-Committee recommendations for Marketing Services Scope of Work and develop recommendations to City Council for issuance of a Request for Proposals.
DISCUSSION:
The Tourism Advisory Committee met on February 3, 2022 and took the following action:
“Motion by Committee Member Beard, to recommend that the City Council explore reinstating the SCVB and form an Ad Hoc Committee of Committee Member Beard and Chair Shallanberger to work on the development of a marketing services RFP, seconded by Committee Member Grenier, and carried, unanimously, 6-0.” The Sub-Committee met and developed recommendations as stated in Attachments A through C.
ATTACHMENTS:
A - Summary of Sub-Committee Recommendations
B – Local Tourism & Events Coordinator role description C – Marketing Services Scope of Work for an RFP (Request for Proposals) Attachment A
263
TAC Sub-Committee Recommendations
Marketing Scope of Work
3/3/2022
Marketing scope needs to be segregated to properly reflect the distinct elements as follows:
Marketing
o Social Media
o Media Concierge
o Strategy
Events Permitting (return to be handled directly by City/regulatory function) Local Marketing liaison (see job description/ can be contract or position) o Attending and leading the TAC
o Coordinating marketing strategy with Marketing firm hired by the city o Coordinate with local businesses
o Attending local Chamber and VSYV meetings
o Recommend and manage events schedule
o Attending tradeshows and conventions representing Solvang o Working with tour groups, cruises and busses
o Office Hours could include:
Manage Marketing website
Answering incoming event/group booking inquiries by phone and email Booking events in the TRC from outside groups and providing information on city services, permitting etc.
Coordinate SolvangUSA events calendar showcasing business and city events within the city of Solvang
Additional recommendations:
Reduce annual budget for “Marketing” to $300,000 per year.
Allocate dollars within the range of $80,000- $100,000 for Marketing & Events Local Coordinator (Marketing Liaison).
Form Julefest Committee of local business owners and residents (similar to Danish Days Foundation) to work on Julefest Program design.
264
MARKETING & EVENTS LOCAL COORDINATOR
Position Summary
Under the policy direction of the City Manager and working closely with the Tourism Advisory Committee as the advisory appointed by City Council body, the role will manage operations and activities for Solvang-USA/Visit Solvang including marketing, sales, and budgeting specific to tourism. All programs are designed to position Solvang as a premier, year-round vacation destination by attracting visitors to the area, increasing occupancy rates and tourism spending, and maximizing the number of off-season and return visitor trips. Booking leisure business into the hotels is of great importance as this is the majority priority of this role.
Not sure this is needed right now?
“This position requires a commitment to working locally to establish and achieve short- and long-term goals. The liaison provides the leadership for ethical and effective operations for marketing services and assures that goals and objectives set forth for marketing by the Tourism Advisory Committee and the City Council are followed.”
Duties And Responsibilities
Create and manage a tourism marketing & operations budget.
Build brand presence for Solvang and increase awareness Oversee and integrate all aspects of marketing and communication programs for Solvang:
Advertising, website, digital and social media management, collateral development, public relations, partnership and research) Setting marketing strategy that supports strategic imperative and goals Create, update and maintain content for website.
Develop and oversee systems for tracking and reporting marketing activities Coordinate a trade show program
Attend key events
Conduct research for economic impact of tourism and program effectiveness Manage stakeholder, partner and supplier relations
Drive leisure to the hotels and resorts
Tracking and reporting out on measurable outcomes from marketing communication activities
Answer the Solvang USA tourism phone line
Act as a liaison between event producers and City of Solvang Work with the Julefest committee to help create the annual event. 265
City of Solvang
MARKETING REQUEST FOR PROPOSALS
Dear Marketing Professional,
The City of Solvang invites you to submit a Tourism Marketing Proposal. We are seeking a fullservice experienced tourism marketing / public relations consultants who can provide professional guidance and oversight, implementation and analysis regarding marketing and communications programs designed to attract tourists to our city. It is desired that the proposal be thorough with examples of work. The proposal contents, goals, and objectives should be clear in the attachments.
The current Marketing/Media Plan for the Solvang marketing tourism contract ends July 31, 2022.
The upcoming budget plan is for two years, with the opportunity to extend the contract another two years if desired by both parties. A contract will be provided by the City attached to the RFP.
Please advise if you intend to submit a proposal. Requests for information should be directed to Xenia Bradford [email protected] who will attempt to provide all interested parties with clarifications as inquiries are made.
Interested parties are requested to submit three copies of the proposal, references, and one copy of your current tourism work, by 5:00 pm, (DATE TBD) to the following address:
1644 Oak Street
Solvang, Ca 93463
Thank you for your time and interest. We look forward to your proposal.
Xenia Braford
City Manager
Disclaimer: RFP legal requirements language will be
replaced with City RFP standard format before issuance. 266
Request for Proposals
Tourism Marketing Program
For the City of Solvang
The City of Solvang is seeking proposals for its tourism marketing outreach program. All Proposals must be received by the Solvang by 5:00 pm, (DATE TBD),2022.
Proposals received after this time will not be considered. Three copies of the proposal must be submitted in a sealed envelope plainly marked with the proposal title.