CITY COUNCIL AGENDA
MONDAY, MARCH 28, 2022
5:30 PM - SPECIAL CLOSED SESSION MEETING, AND
6:30 PM - REGULAR MEETING
VIRTUAL & IN COUNCIL CHAMBER, 1644 OAK STREET, SOLVANG, CA 93463 City Council:
Charlie Uhrig, Mayor
Mark Infanti, Mayor pro tem
Robert Clarke, Councilmember
Claudia Orona, Councilmember
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. In addition, any materials related to an agenda item provided to a majority of the Council after the posting of the agenda, will be identified and available at City Hall and may be posted to the website.
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 5:30 PM CLOSED SESSION – SPECIAL MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMUNICATIONS ON CLOSED SESSION AND NON -AGENDA ITEMS This section is intended to provide members of the public with the opportunity to comment on Closed Session Items or any subject that does not appear on this agenda for action. This section is limited to 30 minutes. Each speaker will be afforded three minutes, and may speak only once
RECESS TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED POTENTIAL LITIGATION (Gov. Code §54956.9(d)(4)
One (1) potential Case
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code §54956.9(d)(1) Name of Case:
South Coast Property Company 13-B, LP v. City of Solvang, Santa Barbara Superior Court Case No. 22CV00254
RECONVENE TO OPEN SESSION
ANNNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURNMENT
6:30 PM OPEN SESSION – REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CEREMONIAL ITEMS/COMMENDATIONS- None
PRESENTATIONS
A. Broadband Project Update presentation
B. Legislative Update presentation
PROCLAMATIONS – None
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 2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report……………………………………………………………………………………5
3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
4. CONSENT CALENDAR
a. Approve Order of Agenda as Presented.
b. Approve Meeting Minutes:
i. Approve the Meeting Minutes of the March 7, 2022 City Council Special, City Council and Planning Commission Joint Special, and Planning Commission Regular. ii. Approve the Minutes of the March 14, 2022 City Council Regular Meeting..................................................................................................……………………….7. c. Adopt by title only and waive further reading, of Ordinance 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.....20 d. Adopt by title only and waive further reading, of Ordinance 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................................................................................................29 e. Adopt Resolution No. 22-1163, a Resolution of the City Council of the City of Solvang designating the City Manager or Accounting Supervisor as the City of Solvang’s Authorized Agents (Cal OES form 130) to receive FEMA funding for the Great Plates Program...................................................99
PUBLIC HEARINGS
5. (7: 00 PM TIME CERTAIN) PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY OF ORDINANCE NO. 22-0356 OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, ADDING A NEW CHAPTER 1.12 TO THE SOLVANG
MUNICIPAL CODE TO CHANGE THE SYSTEM OF ELECTIONS FOR MEMBERS OF THE
CITY COUNCIL FROM AT-LARGE SYSTEM TO BY DISTRICT SYSTEM AND ADOPTING A
MAP DESCRIBING THE BOUNDARIES AND IDENTIFYING ELECTION SEQUENCING FOR
EACH ELECTORAL DISTRICT (FIRST READING)
Hold a Public Hearing to introduce Ordinance No. 22-0356 for the first reading and select final district map and election sequence for each electoral district...................................................107
6. PUBLIC HEARING TO CONSIDER APPROVING THE GENERAL PLAN ANNUAL REPORT AND TO ADOPT A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15306 OF THE
GUIDELINES FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Review and approve the General Plan Annual Report and adopt a categorical exemption pursuant to Section 15306 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). ..........................................................................................124
REGULAR BUSINESS
7. LCTOP FUNDING FOR THE LOT 4 & 5 EV CHARGING STATION PROJECT Adopt Resolution No. 22-1164, a Resolution of the City Council of the City of Solvang designating the City Manager as the City of Solvang’s Authorized Agent to execute the Certifications and assurances and agent forms for the Low Carbon Transit Operations Program (LCTOP)....................................................................................................................................141
8. PROFESSIONAL SERVICES AGREEMENT – GRANT WRITING SERVICES FOR WWTP
UPGRADES
3 Authorize the City Manager to enter into Professional Services Agreement with Carollo Engineers Inc. for grant writing services and approve budget amendment in the amount of $75,500 from General Fund. ..........................................................................................................................149
9. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
10. ADJOURNMENT
AFFIDAVIT OF POSTING
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 22nd day of March 2022.
4 Meeting Date Agenda Item Agenda Action
11-Apr Solvang Elections District Map Adoption Pulic Hearing 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
Sexual Assault Awareness Month Proclamation N/A
25-Apr
Parking Short-Term Improvements Business Policy
Employee of the Quarter Presentation N/A
9-May Quarterly Financial Report Consent Receive
Waste Water Treatment Upgrade Phase 3 Conceptual
Review Business Approve
HCA Park Improvements Project Report Business Receive
Waste Water Treatment Upgrade Phase 3 Conceptual
Review Business Policy
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 Drought Restrictions Ordinance Amendment First
Hearing Public Hearing First Reading
27-Jun FY 2022-24 Financial Plan Adoption (Operating + Capital Improvement Program) Public Hearing Approve
Amend Appropriation Limit Public Hearing Approve
Drought Restrictions Ordinance Amendment Second
Hearing Public Hearing Approve
Utility Rates Resolution Adoption Public Hearing Approve 11-Jul
Meeting Date Agenda Item Agenda Action
N/A
Council Requested Agenda Items
ADVANCE CALENDAR
5 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
6 March 7, 2022
Monday
5:00 p.m.
5:00 PM – SPECIAL CITY COUNCIL MEETING
CALL TO ORDER
Mayor Uhrig called the meeting to order at 5:03 p.m.
ROLL CALL
Present: Mayor Charlie Uhrig; Mayor pro tem Mark Infanti; Councilmembers Robert Clarke, Claudia Orona, Jim Thomas
Staff: City Manager Xenia Bradford, City Attorney Dave Fleishman, Assistant City Attorney Chelsea O'Sullivan, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Led by Mayor Uhrig
PUBLIC HEARINGS
1. PUBLIC HEARING TO REVIEW SOLVANG ELECTIONS DISTRICT MAPS Hold a Public Hearing. Open the Public Hearing to discuss and revise the draft maps and discuss election sequence.
City Manager Bradford introduced the item; presented a brief background and deferred to the City's consultant for a complete report.
Dr. Daniel Phillips, Consultant, National Demographics Corporation, narrated a PowerPoint presentation regarding the City's transition to by-district elections.
Discussion followed regarding the election sequence and Dr. Phillips reported every Councilmember gets to finish their four-year term.
Mayor Uhrig opened the public hearing.
Lansing Duncan opined that the Orange plan is the best choice and urged City Council to approve it.
Sheila Benedict (via Zoom), asked for clarification of the proposed election sequence and Dr. Phillips explained there will be a transition period and reported in 2024, all Councilmembers except the Mayor will be District Representatives and noted City Council may change it, as desired.
Gay Infanti (via Zoom), referenced the Orange plan and noted the boundary is not drawn on Viborg but through the north side of Viborg through the middle of several streets in the neighborhood. Dr. Phillips explained it is a school attendance area boundary because the population did not work taking the boundary to Viborg, but he will review the matter and make adjustments as appropriate.
Susan Bott (via Zoom), reported she and her husband prefer the Orange plan.
MINUTES
CITY COUNCIL SPECIAL MEETING; AND CITY
COUNCIL AND PLANNING COMMISSION SPECIAL
JOINT MEETING; AND PLANNING COMMISSION
REGULAR MEETING
7 There were no other public comments and Mayor Uhrig closed the public hearing.
Discussion followed regarding avoiding splitting neighborhoods, needing to make adjustments and post the plan seven days prior to the public hearing, the possibility of making Fifth Street as the boundary for District 3 on the east and giving everything from Fifth Street over to District 1 and having District 3 encompass the entire TRC.
Councilmember Orona expressed concerns that by splitting District 3 by Mission Drive may be harder to find candidates willing to run and suggested encompassing both sides of Mission Drive.
Consultant Phillips reported he will return to the next City Council meeting with a revised plan for City Council to consider and approve.
2. ADJOURNMENT – Mayor Uhrig adjourned the meeting at 5:41 p.m. 6:00 PM – SPECIAL CITY COUNCIL & PLANNING COMMISSION JOINT MEETING
CALL TO ORDER
Mayor Uhrig called the meeting to order at 6:00 p.m.
ROLL CALL
City Council Present: Mayor Charlie Uhrig; Mayor pro tem Mark Infanti; Councilmembers Robert Clarke, Claudia Orona, Jim Thomas
Planning Commission
Present: Chair Jack Williams; Commissioners Scott Gold, Joannie Jamieson, Aaron Petersen, Justin Rodriguez
Staff: City Manager Xenia Bradford, City Attorney Dave Fleishman, Assistant City Attorney Chelsea O'Sullivan, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Infanti
1. GENERAL PLAN UPDATE PREFERRED LAND USE ALTERNATIVE ADOPTION a. Receive a report on community input and General Plan Advisory Committee recommendations for the Preferred Land Use Alternative; and,
b. Adopt the Preferred Land Use Alternative
City Manager Bradford introduced the item; provided a brief background and deferred to the City's consultant for a report.
Brent Gibbons, Mintier Harnish, narrated a PowerPoint presentation of the General Plan Update preferred land use alternative.
Discussion followed regarding total acres within the TRC, the number of housing units that could fit into the TRC as mixed-use is developed, the different types of mixed use.
Mayor Uhrig invited public comments.
Steve Martin suggested creating categories of design and acknowledging different types of architecture within the 8 City.
Elizabeth Breen commented on the GPAC's agreement regarding guiding principles including a wide range of housing options and living wage jobs.
Denise Johns expressed disappointment about the GPAC not considering higher density residential development in downtown and commented on the existing housing crisis and lack of affordable housing.
There were no other public comments.
Discussion followed regarding the possibility of building lower- or moderate-income housing through a public/private partnership onto City parking lots with parking on the bottom floor.
Motion by Chair Williams, seconded by Commissioner Petersen, to recommend to the City Council approval of Alternative 1 as presented by GPAC. Motion carried 5-0.
Motion by Mayor pro tem Infanti, seconded by Councilmember Orona, to approve Alternative 1 as presented by GPAC. Motion carried as follows:
AYES: Mayor Uhrig; Mayor pro tem Infanti; Councilmembers Clarke, Orona, Thomas NOES: None. ABSTAIN: None. ABSENT: None
2. ADJOURNMENT – Mayor Uhrig adjourned the meeting at 6:37 p.m.
REGULAR MEETING OF THE PLANNING COMMISSION
Chair Williams called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chair Jack Williams; Commissioners Scott Gold, Joannie Jamieson, Aaron Petersen, Justin Rodriguez
Staff: City Manager Xenia Bradford, Assistant City Attorney Chelsea O'Sullivan, Planning Consultant Laurie Tamura, City Clerk Annamarie Porter
PLEDGE TO THE FLAG
Led by Commissioner Gold
1. PRELIMINARY MATTERS:
A. Public Comment - None
B. Requests for Continuance, Withdrawals, or Addition of Ex-Agenda items City Manager Bradford announced that the applicant for Item No. 3 has requested that the item be continued to a future City Council meeting.
Brief discussion followed regarding the status of expanding the footprint of the Farmers Market.
C. Conflicts and/or Ex-Parte Communications - None
D. Approve the minutes of the Planning Commission regular meeting of February 7, 2022, and the Joint Special Meeting of the Planning Commission and Design Review Committee of February 17, 2022 9 Motion by Commissioner Gold, seconded by Commissioner Jamieson, to approve the minutes of the Planning Commission regular meeting of February 7, 2022, and the Joint Special Meeting of the Planning Commission and Design Review Committee of February 17, 2022. Motion carried 5-0.
E. Receive and file current Planning & Building Division Projects Laurie Tamura, Planning Consultant, presented a list of current Planning and Building Division projects and discussed the status of each.
Discussion followed regarding the waterwheel project.
2. PUBLIC HEARING ITEMS
A. Public Hearing to consider Adopting Resolution No. 22-02 recommending to City Council amendments to Title 11 Zoning Ordinance addressing accessory structures, including sheds, in the side-yard and rear-yard setbacks.
Assistant City Attorney O'Sullivan presented the staff report; discussed requirements of the Fire Code regarding side-yard setbacks requirements and access around buildings and addressed edits made to the resolution as discussed in the last Planning Commission meeting. She added there is no requirement that there be a minimum distance between the property line and the building, within the Fire Code.
Planning Consultant Laurie Tamura addressed the height of the accessory structures.
Chair Williams opened the public hearing.
Rovy Butcher asked for clarification regarding the minimum required separation between accessory structures, whether the side yard setbacks apply to side yards without gates; referenced a letter of complaint from Ann Nicholas, noting that she uses the condition of 20 properties as a reference and not is not filing a complaint against the 20 families. She requested that the Planning Commission reduce the distance between accessory structures and/or to accommodate and grandfather existing sheds where no one is complaining and that the City Council drop enforcement or make recommendations or accommodations for the affected homeowners.
Denise Neal inquired about corner lots and accessory structures, specifically a requirement in the ordinance that no accessory structures can be closer to the street than the principal residence, noting that many corner lots will be negatively affected.
Jay Carsman (via Zoom), agreed with Ms. Butcher's comments regarding grandfathering existing sheds and thanked the Commission and City staff for their work on this matter.
There were no other public comments and Chair Williams closed the public hearing.
Planning Consultant Tamura reported that Ms. Nicholas removed her shed because of the adjacent neighbor's complaint; discussed the visibility of sheds from the street, that are higher than six feet and reported that the ordinance does not make a distinction relative to corner lots.
Assistant City Attorney O'Sullivan discussed corner lots and recommended deleting "side" from 65, Subsection E of Section 11-12-2, to allow sheds in side yards.
Discussion followed regarding different considerations for corner lots possibly being discriminatory, the Commission's ability to change that section of the ordinance (Page 65) and making an exception for accessory structures on corner lots with size limitations/standards (below 9 feet in height with a maximum total 200 square feet on each side yard).
Planning Consultant Tamura will work with Assistant City Attorney O'Sullivan to develop appropriate language to address accessory structures in side yards of corner lots. 10 Discussion followed regarding making the ordinance consistent throughout, reviewing the Building Code provision for possible changes, the distance between buildings on the same side, setback requirements for nonresidential districts, reducing the space between accessory structures from five feet to three feet and setbacks applying to side yards where there is no gate.
Motion by Commissioner Petersen, seconded by Commissioner Jamieson, to adopt Resolution No. 22-02 recommending to City Council amendments to Title 11 Zoning Ordinance addressing accessory structures, including sheds, in the side-yard and rear-yard setback, as discussed. Motion carried 5-0.
B. Public Hearing to consider providing a recommendation to the City Council on the General Plan Annual Report and to Adopt a Categorical Exemption.
Planning Consultant Tamura presented details of the report.
Chair Williams opened the public hearing.
Motion by Commissioner Rodriguez, seconded by Commissioner Petersen, to recommend to the City Council approval of the General Plan Annual Report and to adopt a Categorical Exemption. Motion carried 5-0.
3. DISCUSSION ITEMS
A. Preliminary review of 1783 Mission Drive Hotel and Apartments (Old Lumberyard) This item was continued to a future City Council meeting per the applicant's request.
4. PLANNING COMMISSIONER'S COMMENTS - None
5. PLANNING STAFF COMMENTS - None
6. ADJOURNMENT – Chair Williams adjourned the meeting at 8:04 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
11 March 14, 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, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Infanti
CEREMONIAL ITEMS, COMMENDATIONS, PRESENTATIONS - None
PROCLAMATIONS
a. March as Women's History Month Proclamation
Mayor Uhrig read a proclamation declaring March as Women's History Month and recognized women who have been community leaders in Solvang.
1. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT AGENDA ITEMS Kim Jensen announced the Vikings Semi-Annual Blood Drive at Veterans Hall on March 29th and 30th and urged the public to donate blood.
Bent Olsen spoke about kids racing down Viking Hills and asked about the possibility of installing speed bumps to deter the practice.
There were no other public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Bradford discussed the status of the transition to elections by district; addressed Solvang Park maintenance; talked about closure of the Solvang Library to transition into a new library system; reported contract cities are in a mediation process regarding the contract with the Santa Barbara County Sheriff's for enforcement services; noted upcoming commission and committee meetings and provided details of the Advance Calendar.
3. COUNCIL COMMENTS AND REQUESTS
Councilmember Clarke reported his wife is currently in Poland, helping refugees, and wished her a safe return.
Mayor Uhrig addressed the Solvang Library temporary closure; discussed Food Bank operation statistics;
MINUTES
REGULAR MEETING
SOLVANG CITY COUNCIL
12 announced the Santa Ynez High School car show; noted receipt of an email from Youth Well and listed upcoming programs; reported on a recent SBCAG and an upcoming SBCAG meeting; talked about an update to Measure A, five-year Program of Projects; spoke regarding an MOU for completion of a broadband strategic plan; commented on current and upcoming Caltrans projects; mentioned the restart of the Honor Flight, Central Coast California for veterans; provided an update on drought conditions in the State and referenced the Microbusiness Covid-19 Relief Grant Program by the Chamber of Commerce.
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
c. Approve Expense Report for February 2022
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 e. Approve the FTA 5311 Grant Agreement Resolution No. 22-1161 f. Approve the TDA Grant Funding Resolution No. 22-1162 g. Receive Quarterly Investment Reports for July – Sept 2021, and Oct – Dec 2021 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. i. Approve City sponsored Lego Event in concept to take place on April 2nd and 3rd as recommended by the Tourism Advisory Committee.
Motion by Councilmember Thomas to approve Items No. 4a-4h of the Consent Agenda, as presented, seconded by Mayor pro tem Infanti, and carried with a roll call vote of 5-0.
ITEMS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
4.i Approve City sponsored Lego Event in concept to take place on April 2nd and 3rd as recommended by the Tourism Advisory Committee.
Discussion followed regarding approving the Lego event, in concept, recognizing Petti Pfau for contribution of Legos during Danish Days for many years and her services to Solvang.
Mayor pro tem Infanti stated he likes the idea of the Lego event but felt it cannot be effective with only two weeks of planning and pulled Item No. 4i for separate discussion.
City Manager Bradford discussed potential savings in Lego event costs and addressed holding the competition in smaller areas within the City. Mayor pro tem Infanti pointed out that only ten adults have been identified but no one had signed up to participate; mentioned the first-place prize and noted it seems like it is mostly for adults with little activities for kids.
Discussion followed regarding the tight schedule, the provisions of the contract with IDK (Cogs & Marvel) and supporting the event.
Motion by Councilmember Orona to approve Item No. 4i as presented, seconded by Councilmember Thomas, and carried with a roll call vote of 4-1, with Mayor pro tem Infanti, opposed.
PUBLIC HEARINGS
5. PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY, TITLE 11 ORDINANCE MODIFICATIONS.
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 13 to Address Accessory Structures in the Side-Yard and Rear-Yard Setbacks in Residential Zones.
City Manager Bradford introduced the item and deferred to City Attorney David Fleishman for a report.
City Attorney Fleishman thanked Assistant City Attorney Chelsea O’Sullivan for her work on this item; discussed background; addressed enforcement efforts; and presented details of the proposed ordinance.
Mayor Uhrig corrected typographical errors in the staff report and the ordinance.
Mayor Uhrig opened the public hearing.
There were no public comments and Mayor Uhrig closed the public hearing.
Councilmember Clarke felt this should have been addressed by the residents and opined this has been a waste of money and time.
Motion by Councilmember Clarke to 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, seconded by Mayor Uhrig, and carried with a roll call vote of 5-0.
6. PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY,
MUNICIPAL CODE AMENDMENTS COMMITTEE & COMMISSIONS ORDINANCE 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.
City Manager Bradford introduced the item, presented a brief background and deferred to City Attorney David Fleishman for a report.
City Attorney Fleishman thanked Assistant City Attorney Chelsea O’Sullivan for her work on this item and discussed major changes in the ordinance.
Mayor Uhrig opened the public hearing.
There were no public comments and Mayor Uhrig closed the public hearing.
Motion by Mayor pro tem Infanti to 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, seconded by Councilmember Clarke, and carried with a roll call vote of 5-0.
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.
City Manager Bradford introduced the item and deferred to consultant, Koorn, HDR Engineering, for a report. 14 Shawn Koorn, HDR Engineering narrated a PowerPoint presentation with a summary of a utility rate study and details on setting a Proposition 218 hearing.
Discussion followed regarding increasing water usage rates and maintaining the meter charge to encourage users to use less and upcoming consideration of using recycled water.
Mayor Uhrig invited public comments.
There were no public comments and Mayor Uhrig closed public comments.
Motion by Councilmember Thomas to set date for the Proposition 218 hearing on June 13, 2022, seconded by Mayor pro tem Infanti, and carried with a roll call vote of 5-0.
Recess/Reconvene
Mayor Uhrig called for a recess at 8:17 p.m. The meeting reconvened at 8:25 p.m., with all Councilmembers, present.
8. COPENHAGEN DRIVE REOPENING PLAN AND OUTDOOR DINING TEMPORARY
ENCROACHMENT PERMIT PROGRAM
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.
City Manager Bradford narrated a PowerPoint presentation regarding the Copenhagen Drive reopening plan and outdoor dining temporary encroachment permit program.
Discussion followed regarding areas of encroachment along sidewalks and parklets, the number of temporary encroachment permits.
Mayor Uhrig invited public comments.
Kim Jensen spoke about the value of parking, especially on Copenhagen and in support of reopening Copenhagen Drive.
Bent Olsen opposed reopening Copenhagen Drive, suggested installing flower boxes in the middle; felt it adds to the City's charm and submitted a list of businesses benefitting from the closure of Copenhagen Drive.
Eric Hutchins referenced written comments asking City Council to keep Copenhagen Drive, closed for vehicular traffic and maintain a central pedestrian mall along the street; spoke about visitors' enjoying the experience of sitting and dining outdoors and urged Council to seize this opportunity and take the next steps towards creating the OldWorld Danish charm that prompts visitors to come to Solvang.
Mike Lewellen noted that having Copenhagen Drive closed, improves the City's charm; reported that residents and visitors like it and hoped it will continue remaining closed to vehicles. He added that people are not against it, but want to have it done, right.
Jennifer Soni spoke about the opportunity to enrich the Danish experience in Solvang and urged City Council to not turn Copenhagen Drive back into a parking lot.
Daniel Sims (representing Kenny Lama) discussed benefits to businesses on Copenhagen Drive and throughout the entire City by having Copenhagen Drive closed to vehicles; noted that parking can be mitigated in many different 15 ways and asked Council to consider extending the closure.
Chris Esko, on behalf of Mr. Esko, reported his business has increased since the closure of Copenhagen Drive; spoke about visitors and residents feeling more relaxed and supported keeping Copenhagen Drive closed to vehicles.
Angelic M. spoke about increases in business since the closure of Copenhagen Drive to vehicular traffic and urged City Council to keep it closed.
Amanda, Business Owner, reported she has seen an increase in her business as a result of the Copenhagen Drive closure; noted she has had an overwhelmingly positive response from tourists and residents on the closure of Copenhagen Drive.
Rene Kaerskov, Business Owner, reported a majority of residents support the closure of Copenhagen Drive to vehicular traffic; noted that tourists love the pedestrian walkway and spoke about the possibility of showing favoritism to a business by allowing the business to keep its encroachment permit.
Aaron Petersen commented on closing Copenhagen Street as an emergency measure; felt that the matter needs to be studied carefully; talked about getting input from more of the community; encouraged City Council not to open Copenhagen Drive until after Easter and to form a committee of community members and business owners to consider the matter thoroughly, including determining impacts.
There were no other public comments on this item and Mayor Uhrig closed public comments.
Councilmember Clarke commented favorably on the closure of Copenhagen Drive and indicated he would like to keep it closed to vehicular traffic.
Councilmember Orona stated she liked Mr. Petersen's suggestion of postponing reopening Copenhagen Drive until after Easter; indicated she would like to see this matter go through the General Plan update process for increased public input; commented on the possibility of extending portion of the street that is closed and on the effects of the closure to her business.
Councilmember Thomas stated he would like to reopen the street and subsequently study what it would take to create a European Style Plaza either by permanently closing parts of Copenhagen Drive or an alternate downtown location.
Motion by Mayor pro tem Infanti, approve Copenhagen Drive re-opening plan, 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 and 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, seconded by Councilmember Thomas, and carried with a roll call vote of 3-2, with Councilmember Clarke and Mayor Uhrig, opposed.
9. SOLVANG PARK IMPROVEMENTS
That the City Council receive the staff report regarding proposed improvements to the Solvang Park and select preferred improvement option
City Manager Bradford introduced the item and deferred to Public Works Director Olds for a presentation.
Public Works Director Olds narrated a PowerPoint presentation regarding proposed improvements to Solvang Park.
Discussion followed regarding the status of ADA retrofitting at the gazebo, State ADA requirements, impacts on nearby trees by the proposed shade structure, recycling the old deck material, use of permeable pavers, presenting the item to the DRC for their input, location of the sidewalk repairs and the possibility of using fabric shade structures.
16 Mayor Uhrig invited public comments.
There were no public comments and Mayor Uhrig closed public comments.
Motion by Mayor pro tem Infanti to approve Alternate No. 2 relative to use of permeable pavers, include a budget adjustment of $25,000 and reevaluate the design, material and location of the shade structure, seconded by Councilmember Clarke, and carried with a roll call vote of 4-1, with Councilmember Orona, opposed Motion by Councilmember Clarke to continue this meeting past 9:30 p.m., seconded by Mayor pro tem Infanti, and carried with a roll call vote of 3-2 with Councilmembers Clarke and Orona, opposed.
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 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.
City Manager Bradford narrated a PowerPoint presentation regarding TAC recommendations for an RFP for marketing services for FY 2022-2024.
Discussion followed regarding the Marketing Coordinator position.
Mayor Uhrig invited public comments.
Cheryl Shallanberger, Chair, TAC, offered to respond to questions from the City Council.
Tracy Beard, Chamber of Commerce and Member of the TAC, discussed the proposed budget; discussed review of the item by the TAC; talked about giving the City control and cost savings; noted Cogs & Marvel's contract expires July 31, 2022 and offered to respond to questions from Council.
Discussion followed regarding comparison cities, the importance of having a City staff member for events, the proposed compensation for a Marketing Coordinator and attending tradeshows.
There were no public comments and Mayor Uhrig closed public comments.
Motion by Councilmember Orona to issue a Request for Proposals for Marketing Services and direct staff to return with a plan to implement the recommendations for events permitting and hiring a local Marketing Coordinator, seconded by Mayor pro tem Infanti, and carried with a roll call vote of 4-1, with Councilmember Clarke, opposed.
11. UPDATED SPECIAL EVENTS PERMITTING GUIDELINES AND PROCEDURES Approve revised Guidelines and Procedures to govern Special Events in the City of Solvang.
City Manager Bradford narrated a PowerPoint presentation with an update on special events permitting guidelines and procedures.
Mayor Uhrig invited public comments.
Tracy Beard, Chamber of Commerce, spoke about impacts to the Music in the Park program and stated she would like to work on the contract, independently.
17 City Manager Bradford stated the new guidelines will not impact the Music in the Park program; discussed proposed fees and spoke about grandfathering existing events.
There were no other public comments and Mayor Uhrig closed public comments.
Motion by Mayor pro tem Infanti to approve the revised Guidelines and Procedures to govern Special Events in the City of Solvang, seconded by Councilmember Orona, and carried with a roll call vote of 5-0.
12. DISCUSSION REGARDING PERMISSIBILITY OF WALK-UP FOOD SERVICE WINDOWS IN
THE TOURIST RELATED COMMERCIAL (TRC) ZONE
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.
Councilmember Orona declared a possible conflict of interest due to her food services business; recused herself and left the chambers.
City Manager Bradford narrated a PowerPoint presentation regarding the item.
City Attorney Fleishman discussed interpreting the definition of a walk-up food services window and prohibitions.
Discussion followed regarding reasons for prior prohibitions and the difference between walk-up food services windows facing the street and those facing private patios.
City Council concurred to restrict food service walk-up windows to only those facing a private courtyard, and not onto public rights of way.
Councilmember Orona returned to the meeting and took her place on the dais.
13. 2022 CCWA SUPPLEMENTAL WATER PURCHASES
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.
City Manager Bradford introduced the item.
Utilities Director Jose Acosta spoke about monitoring City wells; discussed the City's State water allotment and reported the purchase of additional water should carry the City through the year and addressed a letter of intent to purchase water.
Discussion followed regarding the City's typical yearly consumption of water.
Mayor Uhrig invited public comments.
There were no public comments and Mayor Uhrig closed public comments.
Motion by Mayor Uhrig to 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 authorize the City Manager to execute all documents associated with the purchase of supplemental water for 2022, seconded by Mayor pro tem Infanti, and carried with a roll call vote of 5-0.
14. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS - None 18 15. ADJOURNMENT- Mayor Uhrig adjourned the meeting at 10:43 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
19 Agenda Item Number: 4.c
Solvang City Council STAFF REPORT
PREPARED BY: Dave Fleishman, City Attorney
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: March 28, 2022
SUBJECT: SECOND READING OF AN ORDINANCE 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 second reading, by title only and waive further reading, of Ordinance 22-0354 of the City Council of the City of Solvang, California, to address accessory structures in the side-yard and rearyard setbacks in residential zones.
DISCUSSION:
Ordinance 22-0354, if adopted would amend the municipal code to allow 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. The ordinance reflects the culmination of extensive public discussion and detailed consideration by the Planning Commission. The ordinance, though clarifying accessory structure requirements more generally, addresses most of the code enforcement issues identified last year in Skytt Mesa.
Some key aspects of the ordinance include:
• Requiring 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. This access corridor does not have to be along the property line.
• Requiring a minimum three (3) feet of separation between adjacent accessory structures. • For accessory structures greater than 9 feet in height, requiring 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, but ornamental features would not be permitted to extend over the property line or cause water to flow over the property line. • Permitting accessory structures in the side yard of a corner lot facing 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.
• Setting 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. • Prohibiting accessory structures that exceed a height of twenty-four (24) feet or the height requirement of the district, whichever is less.
• Other conforming edits to 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
The ordinance also reflects the editorial comments noted by the Council at the first reading. 20 Staff is available to answer any questions the Council may have. Since this ordinance is being introduced for a second reading, if Council wishes to make any changes, other than typographical edits, the ordinance would need to be introduced for another first reading and brought back again for a second reading.
ALTERNATIVES:
1. Modify and introduce for another first reading the ordinance
2. 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 No. 22-0354
21 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
22 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.
23 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, except 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, except 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. 24 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 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:
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:
25 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 26 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 27 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
28 Agenda Item Number: 4.d
Solvang City Council STAFF REPORT
PREPARED BY: Dave Fleishman, City Attorney
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: March 28, 2022
SUBJECT: SECOND READING OF AN ORDINANCE 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 second 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 (DRC) 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.
Some key aspects of the ordinance include:
• Changing references to “planning department” and “planning director” in the Solvang Municipal Code, respectively, to “planning division” and “planning manager” to reflect the reorganization of the planning division and to clarify that the City Manager or the City Manager’s designee has authority to step into the role of the planning manager when that position is unfilled. • Clarifying the roles, powers and duties of the Planning Commission and the Design Review Committee and clarify the planning application review process. Specifically if a project goes before the DRC and the Planning Commission, the DRC shall provide advice and recommendation to the Planning Commission on the aspects of the project within its purview and only the Planning Commission’s decision would be appealable. If the DRC reviews an aspect of a project that is not going before the Planning Commission, the DRC will be the final decision-making body for the aspects of a project within its purview and its decision will be appealable to the City Council.
• Clarifying that certain decisions of the DRC and planning division staff are appealable to the City Council not the Planning Commission.
• Removing provisions regarding “Second Residential Units” as such provisions have been superseded by state accessory dwelling law.
• Addressing various typographical errors and outdated provisions. 29 • Adding a definition of Building Official and a description of the building official’s duties for clarity.
The ordinance also reflects the editorial comments noted by the Council at the first reading.
Staff is available to answer any questions the Council may have. Since this ordinance is being introduced for a second reading, if Council wishes to make any changes, other than typographical edits, the ordinance would need to be introduced for another first reading and brought back again for a second reading.
ALTERNATIVES:
1. Modify and introduce the ordinance for another first reading
2. 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 No. 22-0355
30 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. 31 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 32 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 33 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. 34 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 35 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:
36 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. 37 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. 38 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.
39 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.
40 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:
41 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.
42 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 43 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 44 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 45 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
46 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. 47 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.
48 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.
49 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 50 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.
51 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. 52 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 53 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 54 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:
55 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:
56 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.
57 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.
58 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:
59 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.
60 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 61 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 62 “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. 63 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. 64 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. 65 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.
66 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:
67 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.
68 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:
69 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;
70 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;
71 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.
72 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:
73 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.
74 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 75 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.
76 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.
77 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 78 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 79 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. 80 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:
81 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.
82 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.
83 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 84 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 85 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 86 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 87 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 88 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. 89 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 90 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 91 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; 92 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).
93 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.
94 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.
95 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. 96 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 97 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
98 Agenda Item Number: 4.e
Solvang City Council STAFF REPORT
PREPARED BY: Jason Banta, Accounting Supervisor
MEETING DATE: March 28, 2022
SUBJECT: AUTHORIZING AGENT RESOLUTION – CAL OES 130 FORM RECOMMENDATION:
That the City adopt Resolution No. 22-1163, a Resolution of the City Council of the City of Solvang designating the City Manager or Accounting Supervisor as the City of Solvang’s Authorized Agents (Cal OES form 130) to receive FEMA funding for the Great Plates Program.
DISCUSSION:
On April 24, 2020, Governor Gavin Newsom announced the launch of a first-in-the-nation “Great Plates Delivered” program, a meal delivery service for California’s older adults.
Great Plates Delivered has two purposes:
1. Help Seniors and other adults at high risk from COVID-19 to stay home and stay healthy by delivering three nutritious meals a day, and
2. Provide essential economic stimulus to local businesses struggling to stay afloat during the COVID-19 crisis.
In the City of Solvang, 3 local businesses provided these services to area residents and the City of Solvang paid for the related expenses. This totaled to $69,566.67. Cal OES and FEMA have both approved this amount to be fully reimbursed to the City of Solvang. To receive the funding, the City Council must approve the Authorized Agent resolution (Cal OES form 130).
ALTERNATIVES:
City Council could choose to have other staff members listed as the Authorized Agents.
FISCAL IMPACT:
The City is projected to receive a $69,566.67 reimbursement from FEMA/Cal OES.
ATTACHMENTS:
1. Authorized Agent resolution (Cal OES 130 Form).
99 RESOLUTION NO. 22-1163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG,
CALIFORNIA DESIGNATING THE CITY MANAGER OR ACCOUNTING
SUPERVISOR AS THE CITY OF SOLVANG’S AUTHORIZED AGENTS (CAL OES FORM 130) TO RECEIVE FEMA FUNDING FOR THE GREAT PLATES PROGRAM.
WHEREAS, That On April 24, 2020, Governor Gavin Newsom announced the launch of a firstin-the-nation “Great Plates Delivered” program, a meal delivery service for California’s older adults; and.
WHEREAS, That Great Plates Delivered has two purposes:
1. Help Seniors and other adults at high risk from COVID-19 to stay home and stay healthy by delivering three nutritious meals a day, and
2. Provide essential economic stimulus to local businesses struggling to stay afloat during the COVID-19 crisis; and
WHEREAS, That in the City of Solvang, 3 local businesses provided these services to area residents and the City of Solvang paid for the related expenses. This totaled to $69,566.67. Cal OES and FEMA had both approved this amount to be fully reimbursed to the City of Solvang; and WHEREAS, That to receive the funding, the City Council must approve the Authorized Agent resolution (Cal OES form 130); and
WHEREAS, That the City of Solvang desires to adopt this designation of applicant’s agent resolution for non-state agencies Cal OES ID No: 083-72576.
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 or Finance Accounting Supervisor to execute for and on behalf of the City of Solvang, a Charter City established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG),California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under
Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141.
100
California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12.
SECTION 2. That the City of Solvang, a Charter City established under the laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
SECTION 3. That this is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
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 resolution and shall cause a certified copy to be filed in the book of original resolutions.
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 101
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. 22-1163 was passed and adopted by the City Council of the City of Solvang 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 resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
102
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No:
Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR
NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Cal OES 130 (Rev 3/9/22)
103
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
(Page 2 of 2)
104
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document.
The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
(Page 1 of 2)
105
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” (Page 2 of 2)
106
Agenda Item Number: 5
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: March 28, 2022
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, ADDING A NEW CHAPTER 1.12 TO THE SOLVANG
MUNICIPAL CODE TO CHANGE THE SYSTEM OF ELECTIONS FOR
MEMBERS OF THE CITY COUNCIL FROM AT-LARGE SYSTEM TO BY
DISTRICT SYSTEM AND ADOPTING A MAP DESCRIBING THE
BOUNDARIES AND IDENTIFYING ELECTION SEQUENCING FOR EACH ELECTROAL DISTRICT (FIRST READING) TIME CERTAIN 7:00 PM RECOMMENDATION:
Hold a Public Hearing to introduce Ordinance No. 22-0356 for the first reading and select final district map and election sequence for each electoral district.
DISCUSSION:
On June 22, 2020, the City Council adopted Resolution No. 20-1112, declaring its intention to transition from at-large to district-based elections for the City Council commencing with the General Municipal Election in November 2022. Districting Process requires four public hearings. Two public hearings must be held prior to release of draft maps. The City of Solvang has held the following public hearings to date
107
A dedicated website has been established for the redistricting process. Please visit www.DistrictSolvang.org. The website includes information on prior hearings as well as draft maps. On March 7, the City held a Public Hearing to receive comment on draft maps. In response to the comments, changes were made and modified maps were posted on the website on March 21, 2022.
The purpose of today’s hearing is for the City Council to adopt a final selected map establishing the district boundaries and election sequencing for each electoral district and to introduce the ordinance adding new chapter 1.12 to the City Municipal code to change the system of elections for members of City Council from at-large to by district.
National Demographic Corporation is assisting the City in complying with the various requirements necessary to implement district-based elections. NDC has assisted many California communities in this process, and their representatives are available to respond to questions from the community regarding the process.
Following tonight’s hearing, the City Council will hold another public hearing on April 11 for the second reading of the ordinance.
ALTERNATIVES:
N/A
FISCAL IMPACT:
The contract with National Demographic Corporation for re-districting was previously approved by City Council and there is no additional fiscal impact.
ATTACHMENTS
A – Power Point Presentation
B - Ordinance No 22-0356
108
March 28, 2022 1
Attachment A
109
2 Transition Process
March 28, 2022
Step Description
Three pre-draft
hearings:
August 9, 2021
August 23, 2021
September 13, 2021
Held prior to the release of draft plans.
Purpose to educate on the process and to solicit input on the neighborhoods and communities of interest in the City.
Release draft plans:
February 7, 2022
Draft plans posted to City’s districting website.
Two post-draft
hearings:
March 7, 2022
March 28, 2022
Purpose to present, discuss, and receive input on the draft plans, including any direction to revise the draft plans.
Plan adoption:
March 28, 2022
April 11, 2022
Plan adopted via first and second readings of an ordinance.
Final plan must be posted at least 7 days prior to adoption. 110
3 Rules and Goals for Drawing Districts
March 28, 2022
Equal Population
Federal Voting
Rights Act
No Racial
Gerrymandering
1. Federal Laws 2. California Criteria for
Cities
1. Geographically contiguous
2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas that
should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of people
to get to a more distant group of
people)
Prohibited:
“Shall not favor or discriminate against a political
party.”
3. Other Traditional Districting
Principles
Respect voters’ choices /
continuity in office
Future population growth
111
March 28, 2022
4 Total population deviation: 6.3% District 3 Latino CVAP: 54% District 4 is not contiguous as it is, but can be connected via a park
District 2 is technically contiguous,
but there is no road connection
May split some neighborhoods
unnecessarily
The tourist-related commercial area
is kept together in District 3 (would
it be better represented in a single
district or in multiple districts?)
District boundaries follow major
streets wherever possible
District 4 is not compact
112
March 28, 2022
5 Total population deviation: 8.5% District 3 Latino CVAP: 55% All four districts are contiguous Does not appear to unnecessarily split any neighborhoods or
communities of interest such as
multi-family housing, senior living
facilities, and mobile home parks
The tourist-related commercial area
is kept together in District 3 (would
it be better represented in a single
district or in multiple districts?)
District boundaries follow major
streets wherever possible
Some districts may not be compact
113
March 28, 2022
6 Total population deviation: 8.3% District 3 Latino CVAP: 56% All four districts are contiguous Does not appear to unnecessarily split any communities of interest,
but does split the Sunrise Village
neighborhood along the elementary
school district boundary
The tourist-related commercial area
is split between Districts 3 and 4
(would it be better represented in a
single district or in multiple?)
District boundaries follow major
streets wherever possible
All districts are reasonably compact
114
March 28, 2022 7
Unites Sunrise Village by extending
District 1 to Alamo Pintado Rd
Other districts shift clockwise in
order to ensure population balance
Total population deviation: 6.9%
District 3 Latino CVAP: 54%
All four districts are contiguous
Does not appear to unnecessarily
split any neighborhoods or
communities of interest
The tourist-related commercial area
is kept together in District 3
District boundaries follow major
streets wherever possible
District 2 is somewhat less compact
115
March 28, 2022
8 Unites Sunrise Village by extending
District 2 to the northern city limits
Other districts shift counter-
clockwise to ensure pop. balance
Total population deviation: 7.4% District 3 Latino CVAP: 55% All four districts are contiguous Does not appear to unnecessarily split any neighborhoods or
communities of interest
The tourist-related commercial area
is kept together in District 3
District boundaries follow major
streets wherever possible
District 4 is somewhat less compact
116
March 28, 2022 9
Plan Pop.
Dev.
D3
LCVAP TRC SRV Compactness
Min. Score
Vacant
Districts
Yellow Plan 6.3% 54% Kept
together
Kept
together
0.29 (D4)
One
(D3)
Green Plan 8.5% 55% Kept
together
Kept
together
0.31 (D1)
Two
(D2*, D3)
Orange Plan 8.3% 56% Split in
two
Split in
two
0.45 (D4)
Two
(D1, D3)
Orange Plan
CW Rev. 6.9% 54% Kept
together
Kept
together
0.39 (D1)
One
(D3)
Orange Plan
CCW Rev. 7.4% 55% Kept
together
Kept
together
0.46 (D4)
Two
(D1, D3)
*Will be vacant because the incumbent is not running for reelection 117
March 28, 2022 10
(There must be two districts up in 2022 and two in 2024) *Two incumbents seeking reelection whose terms expire in different years Plan District 1 District 2 District 3 District 4
Yellow Plan 2024 2022 2022 2024
Green Plan 2024 2022 or
2024
2022 or
2024 2022
Orange Plan 2022 or
2024 2024 2022 or
2024 2022
Orange Plan
CW Rev. 2024 2024 2022 2022
Orange Plan
CCW Rev.
2022 or
2024 2024 2022 or
2024
2022 or
2024*
118
11 Public Hearing & Discussion
Questions about the proposed draft plans?
Which draft plan do you prefer?
Please refer to the Interactive Review Map for a
detailed look at each plan
March 28, 2022
119
ATTACHMENT B
ORDINANCE NO. 22-0356
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOLVANG, CALIFORNIA, ADDING A NEW CHAPTER 12 TO TITLE
1 OF THE SOLVANG MUNICIPAL CODE TO CHANGE THE
SYSTEM OF ELECTIONS FOR MEMBERS OF THE CITY COUNCIL
FROM AN AT-LARGE SYSTEM TO A BY DISTRICT SYSTEM AND
ADOPTING A MAP DESCRIBING THE BOUNDARIES AND
IDENTIFYING ELECTION SEQUENCING FOR EACH ELECTORAL
DISTRICT
WHEREAS, the City of Solvang ("City'') currently elects the members of the City Council using an at-large system of elections; and
WHEREAS, pursuant to Government Code section 34886, the City Council has the authority to adopt an ordinance changing the system of elections in the City from an at-large elections system to a by-district elections system; and WHEREAS, the City Council of the City now desires to adopt an ordinance changing the system of elections in the City from an at-large system of elections to a by-district elections system; and
WHEREAS, the change in method for electing members of the City Council is made in furtherance of the purposes of the California Voting Rights Act of 2001 (Elections Code section 14025, et seq.); and
WHEREAS, pursuant to the requirements of Elections Code section 10010, the City Council held public hearings on August 9, 2021 and August 23, 2021 and September 13 in order to receive testimony regarding the potential composition of City Council districts; and WHEREAS, also pursuant to the requirements of Elections Code section 10010, the City Council held public hearings regarding proposed draft maps on March 7, 2022 and March 28, 2022, and received proposed draft maps from members of the public; and WHEREAS, on March 28, 2022, the City Council selected NDC Plan to establish the City Council electoral districts in the City, the district map is attached hereto as Exhibit "A"; and WHEREAS, also on March 28, 2022, the City Council held a duly noticed public hearing after which the City Council voted to introduce this ordinance for the first reading; and WHEREAS, on April 11, 2022, the City Council will consider adoption of ordinance 22-0356 to establish by-district elections in four single-member districts in the City, and to adopt the map describing the boundaries and identifying the four City Council districts in the City and corresponding election sequencing.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
SECTION 2. A new Chapter 12 to Title 1 "City Council Elections By-District" is hereby added to the 120
Solvang Municipal Code to read in its entirety as follows:
"CHAPTER 12 CITY COUNCIL ELECTIONS BY-DISTRICT
1.12.010 Declaration of Purpose
1.12.020 By-District Elections for City Council
1.12.030 City Council Districts Established
1.12.040 Commencement of By-District Elections
1.12.010 Declaration of Purpose
The City Council of the City hereby declares the purpose of this Chapter is to further the purposes of the California Voting Rights Act of 2001 (Elections Code section 14025, et seq.), as amended.
1.12.020 By-District Elections for City Council
A. Pursuant to Government Code section 34886, members of the City Council shall be elected by-district in four single-member districts. Members of the City Council shall be elected bydistrict, as that term is defined in Government Code section 34871(a), as amended, meaning one member of the City Council shall be elected from each district by the voters of that district alone. Each member of the City Council shall serve a four-year term until his or her successor is qualified.
B. Pursuant to Government Code section 34882, the City Council member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Elections Code section 10227.
1.12.030 City Council Districts Established
A. The boundaries and identifying number of each of the four City Council districts shall be as described in the plan, establishing City Council electoral districts in the City (attached as Exhibit A); and incorporated by this reference.
B. The City Council districts described in subsection A, above, shall continue in effect until they are amended or repealed in accordance with law. The boundaries of the City Council districts shall be reapportioned from time to time as required by the Elections Code, or any other applicable law.
1.12.040 Implementation of By-District Elections
A. The by-district system of elections shall be implemented, beginning at the general municipal election to be held November 8, 2022, as follows:
1. Members of the City Council shall be elected in Districts (TBD) and (TBD) beginning at the general municipal election of November 8, 2022, and every four years thereafter; and
2. Members of the City Council shall be elected in Districts (TBD) and (TBD) beginningat the general municipal election of November 2024, and every four years thereafter.
B. No term of any member of the City Council that commenced prior to the effective date of this Chapter shall be affected by the adoption of this Chapter." SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is 121
for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause,phrase, or portion thereof, irrespective of the fact of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective 30 days after its adoption.
SECTION 5. 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 11th day of April, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 122
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. 22-0356 was duly introduced at a regular meeting of the City Council held on the 28th day of March, 2022, and was duly adopted at a regular meeting of said City Council held on the 11th day of April 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
123
Agenda Item Number: 6
Solvang City Council STAFF REPORT
PREPARED BY: Laurie Tamura, Planning Consultant
MEETING DATE: March 28, 2022
SUBJECT: PUBLIC HEARING TO CONSIDER APPROVING THE GENERAL PLAN
ANNUAL REPORT AND ADOPT A CATEGORICAL EXEMPTION
PURSUANT TO SECTION 15306 OF THE GUIDELINES FOR THE
IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
RECOMMENDATION:
That the City Council review and approve the General Plan Annual Report and adopt a categorical exemption pursuant to Section 15306 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA).
DISCUSSION:
As required by California Government Code Section 65400, the Planning Division shall submit a report to the City Council, the Governor’s Office of Planning and Research, and the State Department of Housing and Community Development.
“This report shall be considered at an annual public meeting before a legislative body where members of the public shall be allowed to provide oral testimony and written comments.”
This report includes the status of the general plan and progress in its implementation as well as the City’s progress in meeting its share of regional housing needs (RHNA).
During 2021, the city staff issued permits for 1 single family home, 3 Accessory Dwelling Units, and 1 Junior Accessary Dwelling Units for a total of 5 new units.
Also, the Planning Commission approved two new housing projects in 2020. This first project is located at 539 Alisal Road and consists of 11 unit with one unit being committed to the very-lowincome level. The second project is located at 670 Alamo Pintado Road and consists of 32 units with 2 units committed to the very low-income level. The applicant for these projects has submitted building plans for plan check during 2021 but the building permits have not been issued yet.
In 2020-2021, the city started processing one project under SB 330. The Mission Drive Apartments consists of 59 units with five units committed to the very-low income. The preapplication was call complete 2020 and the full Development Plan application was filed on February 1, 2021. Staff reviewed the application package and responded back to the applicant in March 2021. After further review of the project and consideration of a hotel element, the applicant requested withdrawal of the project in August of 2021. Recently a new pre-application has been filed that includes a 74-room hotel and 49 apartment units.
There were no new housing project applications filed in 2021. 124
FISCAL IMPACT:
The preparation of the Annual Report and the related staff report was prepared under the existing Planning Consultant contract. There is no fiscal impact associated with approval of this report.
ATTACHMENTS:
A – 2021 General Plan Annual Report
B – Notice of Exemption
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NOTICE OF EXEMPTION
TO: County Clerk (Fax No. 568-2249)
County of Santa Barbara
105 East Anapamu St., Room 407
Santa Barbara, CA 93101
FROM: City of Solvang, Laurie Tamura, Planning Consultant The project or activity identified below is determined to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) of 1970, as defined in the State and County Guidelines for the implementation of CEQA.
APN(s): N/A
Specific Location: City of Solvang
Project Title: 2021 General Plan Annual Report
Project Description: Prepare and submit the 2021 General Plan Annual Report Name of Public Agency Approving Project: City of Solvang Exempt Status: (Check one)
Ministerial
Statutory
X Categorical Exemption
Emergency Project
No Possibility of Significant Effect [§15061(b,3)]
Cite specific CEQA Guideline Section:
Section 15306. Information Collection. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.
Reasons to support exemption findings: (attach additional material, if necessary) This project is related to basic data collection for the purposes of preparing and submitting the 2021 General Plan Annual Report.
Lead Agency Contact Person: Laurie Tamura Telephone: (805) 688-5575 x 221 Signature: ___________________________
Date: ___________________________
Acceptance Date: ___________________
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Agenda Item Number: 7
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: March 28, 2022
SUBJECT: LCTOP FUNDING FOR THE LOT 4 & 5 EV CHARGING STATION PROJECT RECOMMENDATION:
That the City adopt Resolution No. 22-1164, a Resolution of the City Council of the City of Solvang designating the City Manager as the City of Solvang’s Authorized Agent to execute the Certifications and assurances and agent forms for the Low Carbon Transit Operations Program (LCTOP).
DISCUSSION:
The LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emission and improve mobility, with a priority on serving disadvantaged communities. The program is administered by the California Department of Transportation (Caltrans).
Caltrans has developed guidelines for the distribution of these funds to transit agencies. As part these guidelines the City as an eligible project sponsor is required to delegate an “Authorized Agent” to sign all documents pertaining to the LCTOP program. Approval of the resolution will delegate the City Manager, Xenia Bradford, as the Authorized agent and allow the City to complete the certification, assurances, and authorized agent forms (Attachment 2) required to receive LCTOP funding.
The Lot 4 & 5 EV Charging Station identified in the City’s Capital Improvement Program is currently in design. The initial project layout is for six transit vehicles as well as other City vehicles. The project is expected to be completed by the end of 2023. Currently the project is funded for the completion of the infrastructure only. Staff is pursuing options to fund the purchase of one or more electrified transit vehicles to coincide with the completion of the Lot 4 & 5 EV Charging Station project.
In coordination with the Santa Barbara County Association of Governments (SBCAG) and the local transit providers, a portion of the available funding from the fiscal year 2021-2022 LCTOP program has been identified for the Lot 4 & 5 EV Charging Station project. The projected funds from LCTOP for this project include $147,939 in county-wide program funds and $1,108 in LCTOP funds specifically assigned to the City of Solvang for SYVT. As part of the local coordination, the City of Lompoc will be contributing their assigned LCTOP funds in the amount of $1,450. This is a total of $150,497 to be applied for this project.
Staff intends to utilize these funds to fully fund the purchase of the first electric transit vehicle for SYVT.
Any surplus funds would be applied to the Lot 4 & 5 EV charging station capital project.
ALTERNATIVES:
City Council could choose not to approve the resolution. This would result in forfeiture of the available funding and Caltrans would reassign the LCTOP funding to other eligible transit agencies.
FISCAL IMPACT:
The City’s is projected to receive $150,497 from the LCTOP Program.
ATTACHMENTS:
1. Resolution 22-1164 Authorizing the execution of the LCTOP
2. Certifications and assurances and authorized agent forms 141
RESOLUTION NO. 22-1164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG,
CALIFORNIA AUTHORIZING THE EXECUTION OF THE
CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS
FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP)
FOR THE SYVT BUS AND CHARGING INFRASTRUCTURE PROJECT
WHEREAS, the City of Solvang is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Solvang wishes to delegate authorization to execute these documents and any amendments thereto to Xenia Bradford, City Manager, and WHEREAS, the City of Solvang wishes to implement the following LCTOP project(s) listed above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City of Solvang, as the fund recipient, agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.
SECTION 2. That Xenia Bradford, City Manager, be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
SECTION 3. That it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY2021-2022 LCTOP funds:
Project Name: SYVT BUS AND CHARGING INFRASTRUCTURE PROJECT Amount of LCTOP funds requested: $150,497
Short description of project: Construction of a transit vehicle parking lot and EV charging stations, including the purchase of the first SYVT fully electric transit vehicle.
Contributing Sponsors: Includes $1,450 in PUC 99314 funding from the City of Lompoc
SECTION 4. That a copy of this resolution will be transmitted to the Santa Barbara County Association of Governments in conjunction with the application for these funds.
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. 142
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 143
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. 22-1164 was passed and adopted by the City Council of the City of Solvang 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 resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
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Authorized Agent
AS THE City Manager
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Solvang
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.
Xenia Bradford OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Xenia Bradford City Manager
(Print Name) (Title)
(Signature)
Approved this 28 day of March , 2022
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Certifications and Assurances
Lead Agency: City of Solvang
Project Title: SYVT Bus and Charging Infrastructure Project Prepared by: Xenia Bradford
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP). As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.
A. General
1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.
2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.
B. Project Administration
1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.
2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.
3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.
4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.
5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.
6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.
7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.
8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).
9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion.
In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination. 146
C. Reporting
1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 28th each year. b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended. d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.
2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles
1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller. 147
E. Record Retention
1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor.
Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.
2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.
3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.
I certify all of these conditions will be met.
Xenia Bradford City Manager
(Print Authorized Agent) (Title)
(Signature) (Date)
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v Agenda Item Number: 8
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Jose Acosta, Utilities Director
MEETING DATE: March 28, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT- GRANT WRITING SERVICES
FOR WWTP UPGRADES
RECOMMENDATION:
Authorize the City Manager to enter into Professional Services Agreement with Carollo Engineers Inc. for grant writing services and approve budget amendment in the amount of $75,500 from General Fund reserves.
SUMMARY:
In November of 2017 work commenced on the Wastewater Treatment Plant Water Quality Project, initiating the release of a Request for Qualifications (RFQ) for a WWTP Enhanced Treatment Study and Alternative Analysis. Based on the recommendations of this study the City contracted with Carollo to develop engineering design services for the WWTP Water Quality Project.
In December 2020 the City began the process of upgrading the WWTP with the release of an RFP for Phase I, replacement of the existing aeration system. In January of 2022 the project was completed.
The City is seeking funding to commence Phase II and possibly Phase III of the WWTP Water Quality Project.
On February 3, 2022, Staff released a Request for Proposal (RFP), to provide grant writing services for the WWTP upgrades. The City received four qualified proposals for review and selection.
DISCUSSION:
On November 13, 2017, the City Council approved a contract with Pacific Advanced Civil Engineering (PACE) to complete the WWTP Enhanced Treatment Study & Alternative Analysis. On September 10, 2018, the WWTP Enhanced Treatment Study & Alternative Analysis Final Report was presented to the City Council and included 3 primary Alternatives. The City Council selected Alternative 3 as the preferred alternative and directed staff to proceed with the engineering design services.
On February 10, 2020 staff presented Council with the PSA with Carollo for engineering services for the WWTP Water Quality Project for Phase 1 of the project. In the study Carollo provide the suggested upgrades and in which phases to complete the upgrades.
The initial phase of the upgrades was the replacement of the aeration system at the WWTP. This project would enhance the denitrification process throughout the plant, helping the plant meet the requirements set by the State. This project was completed in December 2020. The next two phases focus on enhancing the treatment processes and potential for production and use of recycled water. 149
Phase II will focus on the secondary treatment process. Corolla engineers study compared Membrane bioreactors versus secondary clarifier treatment and secondary clarifier treatment design was recommended by staff and approved by City Council Phase III will focus on possible recycled water production and distribution.
The City currently does not have adequate funding for the continuation of the WWTP upgrade projects, and is seeking possible grant or low interest loans to assist with completion of the upgrades. Staff released an RFP on February 3, 2022. The RFP was released to several recommended and trusted firms, and posted on the City’s website, for proposal submittals.
The purpose for RFP was to identify and select the most qualified and cost-effective consultant for the grant research process specific to WWTP Upgrade project inclusive of researching possible grants, submittal of grant applications, managing the submittals and collaborating with City staff in a timely and efficient manner. Alternative funding options, such as low interest loans were also discussed.
The RFP stated that the grant writer shall provide evidence and be able to demonstrate experience and success as grant writing consultant. The scope of work must have included the following guidelines:
1. Identification of Grant Opportunitiesa. Identify and communicate with City staff of upcoming governmental and foundation grant opportunities in a timely manner.
b. Provide information on possible grant opportunities to City staff, allowing ability to coordinate amongst staff.
2. Preparation and Planninga. Review possible grant application guidelines and requirements with appropriate City staff.
b. Provide consultation, planning, compilation, and strategizing with City staff throughout the grant application process.
3. Scheduling and Developmenta. Develop timelines and strategies ensuring timely submission of the grant application. b. Structure workflow and execute work plan for the grant application submittal. c. Collaborate with proper City staff to obtain required signatures, data, forms, submittals and other pertinent documents and information.
d. Prepare grant application with all required documents and information. e. Produce completed grant application to ensure timely submittal.
4. Delivery, Tracking and Completiona. Prepare drafts of grant application proposals. b. Coordinate regular meetings to allow review of the draft proposal documents with City staff prior to submission of application package.
c. Provide copies of final and completed application to City staff prior to submission of the grant.
d. Monitor grant application and assist with communicating with fund granting agency throughout the entire submittal and decision-making process. e. Conduct a final wrap up meeting with City staff to discuss outcome of grant applications.
All submittals were required to be submitted by February 22, 2022, for staff review. The City received four qualified proposals from the following agencies:
1. MNS Engineers
2. Carollo Engineers Inc.
3. Oliveira Environmental Consulting
4. Holly Nolan-Chavez
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Each proposal was reviewed by a panel of six staff members and the proposals were ranked based on criteria outlined in the RFP. Carollo Engineers proposal was selected. The proposal most closely meets the City’s needs to develop a comprehensive funding strategy for the project.
Staff is requesting Council to authorize the City Manager to enter into Professional Services Agreement (PSA) with Carollo Engineers Inc. for grant writing services and approve budget amendment in the amount of $75,500 from General Fund reserves.
Attached is a copy of the proposed PSA to be entered into with Carollo Engineers Inc. Also included in the PSA is the original proposal as submitted by Carollo for review.
FISCAL IMPACT:
If the City Council authorizes the execution of the PSA with Carollo Engineers Inc., the fiscal impact will in an amount of $75,500 drawn from General Fund.
Staff recommends making this investment to develop funding strategy for this significant priority Capital Improvement Project. The cost of all three phases of the project is estimated at $15 M, which does not yet include considerations of recycled water distribution. In order for the City to move forward with this project including design of Phase II and potentially Phase III, the City needs to develop a funding strategy considering all funding venues such as various grant programs and low interest rate state loan program.
Wastewater Fund currently does not have any available reserves and the fund’s revenue sources fall short of ongoing operating expenditures. Utility Rate study is in progress and Proposition 218 Hearing has been set for July 13, 2022.
ATTACHMENTS:
A. PSA - Carollo Engineers Inc. - Grant Writing Services WWTP Upgrades 151
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
1.0 This agreement is made upon the date of execution, as set forth below, by and between Carollo Engineers Inc. (“Consultant”), and the City of Solvang (“City”). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall determine the method, details and means of performing the above-referenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.
1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions.
Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work.
Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total
ATTACHMENT A
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City of Solvang
PSA – Grant Writing Services – WWTP Upgrades